HomeMy WebLinkAboutSpecial 2009-06-08 Item 3A - Tukwila South Project COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
I CAS NUMBeR: 09-041 f ORIGINAL AGENDA DATE: APRIL 13, 2009
AG FM). PIE NI TITLE Tukwila South Project
C vrl': ,t)1tY Discussion Motion 1 Resolution Ordinance Bid Award Public Hearing Other
5 260
Aft, Date 04/20/09 Altg Dote Mtg Date Mtg Date 6/ :8/09 Altg Date tlltg Date Mtg Date
I SP( )NSoR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police P1V
SP( I; lsc lt's 4/13/09 Introduction to Tukwila South Project and distribution of notebooks with background
SummARY material to Councilmembers for use in a series of work sessions and Council meetings.
5/18/09 and 5/26/09 Public Hearings. The Council is being asked to consider and authorize
the Mayor to sign the Development Agreement and approve land use actions, and ordinances
relative to the project.
The review process for the upcoming work sessions will be discussed on 4/20/09.
!RI•:\'1I,\.vI BY COW Mtg. n CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA I't: 5/26/09
RECOMMENDATIONS:
SPoNst)R /ADMIN• Mayor's Office /Administration: recommend approval
COMMITTEE
COST IMPACT FUND SOUR CE
EXPEN DI'1'URI RI,QLlIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Continents:
1 MTG. DATE 1 RECORD OF COUNCIL ACTION
04/13/09 j Forward to the April 20 Regular Meeting to discuss and agree on the review process for
the upcoming work sessions
05/18/09 1 Public Hearing Held
05 Forward to 06/01/09 Regular Meetina. to include strike- throuoh aa_reement
MTG. DATE J ATTACHMENTS
04/13/09 Distribution of notebooks to Councilmembers at the meeting
04/20/09 1 Informational Memorandum dated 4/15/09
05/18/09 'Informational Memorandum dated 5/18/09; Draft Ordinance with Exhibits
05/26/09 (Informational Memorandum dated 5/18/09; Draft Ordinance with Exhibits
1 (Please bring your Tukwila South notebooks)
06/01/09 1 ew Informational Memorandum dated 6/1/09
I
06/08/09 IInformationalThiMemnrandum dated 4/18/09
Informational Memorandum dated 6/8/09
Ordinance with Development Agreement in strike- through/underline format, with Exhibits
*ILA
u� y City of Tukwila
Jim Haggerton, Mayor
90= INFORMATIONAL MEMORANDUM
TO: Tukwila City Council
FROM: Lisa Verner, Project Manager
DATE: June 8, 2009
SUBJECT: Tukwila South Project Development Agreement
ISSUE
At the June 1, 2009 Regular Meeting, Council requested several amendments to the Tukwila
South Project Development Agreement and a "redline" version of the Agreement as it is revised
to show the changes.
DISCUSSION
At the June 1 meeting, the Council reviewed the text of the Tukwila South Project Development
Agreement. Council members voted to make changes to four sections. Staff identified five
housekeeping changes. Also, the applicant has corrected errors in the legal descriptions in two
of the Exhibits to the Development Agreement.
All of these changes are included in the "redline" version of the Development Agreement,
Exhibit 2 and Exhibit 6. All of these changes are listed below for convenience.
Council motions
1. Delete from Section 3.5 Floodplain Development Review (Pape 5 of DA) as follows:
Remove all references to "CLOMR
2. Add "and contractors" to Section "4.3.4.2 PSE" (Page 8 of DA) as follows:
The bid documents and the final construction contract for the SCP Project shall include a
"cooperation clause," requiring cooperation and communication between the City (and
the City's contractor on the SCP Project) and PSE or PSE's designee and contractors
undertaking the PSE Work.
3. Add "at a minimum" to Section "4.5.1 Bike /Pedestrian Trail" (Paae 12 of DA) as follows:
The width of the easement shall be at a minimum 14 feet or such greater width as may be
required under the City's Shoreline Master Program.
4. Add to the first and last sentence of the second paragraph of Section "4.4 Sanitary Sewer
System" (Page 12 of DA) as follows:
First sentence to read:
Construction of the initial Southcenter Parkway sewer lines serving the Tukwila South
Property will be included in the cost of Southcenter Parkway Project, and therefore a
portion of the costs of the sewer improvements will be funded by sources other than the
City.
Last sentence to read:
INFORMATIONAL MEMO
Page 2
Each sewer connection charge paid by La Pianta or a Parcel Builder for the initial
Southcenter Parkway sewer line shall be credited to La Pianta as O &M Revenue pursuant
to Section 4.8.3.
Housekeepina chanaes identified by staff
5. Add "La Pianta LLC" to Section "4.3.4.2 PSE" (Pace 8 of DA), as it may be doing some of
the work, as follows:
The bid documents and the final construction contract for the SCP Project shall include a
"cooperation clause," requiring cooperation and communication between the City (and
the City's contractor on the SCP Project). La Pianta LLC and PSE or PSE's designees and
contractors undertaking the PSE Work.
6. Add "of" to seventh line of Section "4.9 Grading Permit Review" (Pape 22 of DA) as follows:
The City will complete review of the Clearing and Grading....
7. Delete "PM" in fourth line of Section "5.3.2(a) Construction of OriIlia Road Connector" (Page
25 of DA) as follows:
...within 6 years of the time 7500 Net New PM Trips are generated...
8. Add a "t" to spell "Section" correctly in the fifth line of Section "5.4.4 Master Stormwater
Infrastructure Plan" (Pace 31 of DA) as follows:
...with all the criteria of Section 5.4 of this Agreement...
9. Change Master "Drainage" Plan to Master "Stormwater Infrastructure" Plan and change "site
grading" to "site utility work" in chart in Section "5.4.3.1 La Pianta Obligations" for consistency
with Council approved language in Section 5.4.4 (Pace 31 of DA) as follows:
8. Prepare a Master image Stormwater Approval shall be obtained prior to start of
Infrastructure Plan site g utility work.
Corrected errors
10. Exhibit 2 to Tukwila South Project Development Agreement:
Correct the legal description describing Tukwila South Property.
11. Exhibit 6 to Tukwila South Project Development Agreement:
Correct the legal descriptions for the Expansion Areas.
RECOMMENDATION
Council consideration and approval of an ordinance, adopting by reference the Development
Agreement for the Tukwila South project, at the June 8, 2009 Special Meeting.
ATTACHMENTS
Ordinance in Final form
Tukwila South Project Development Agreement, Exhibit 2 and Exhibit 6 with "redline" changes
W:12009 InfoMemos1TSDAFinalchanges6- 8 -09.doc
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41.0 1 .:O?
City of �t,� 7908
Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING BY REFERENCE A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF TUKWILA AND LA PIANTA LLC
FOR THE TUKWILA SOUTH DEVELOPMENT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real
property, and La Pianta LLC owns or controls approximately 503 of those acres, which is
known as the "Tukwila South Property," generally located between the boundaries of
South 178th Street /South 180th Street on the north; South 204th Street on the south; Orillia
Road and Interstate 5 on the west; and the Green River on the east and
WHEREAS, the Tukwila South Property is located within an Urban Growth Area and
is appropriate for urban development pursuant to the Growth Management Act and the
City's adopted Comprehensive Plan; and
WHEREAS, La Pianta intends to develop the Tukwila South Property consistent with
the Tukwila South Master Plan, which envisions the creation of a major new employment
and housing base on the Tukwila South Property; and
WHEREAS, the City Council accordingly desires to enter into a Development
Agreement with La Pianta LLC for the Tukwila South development; and
WHEREAS, a public hearing was held for this Development Agreement on May 18,
2009;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Development Agreement Adopted. The City of Tukwila hereby adopts the
"Development Agreement by and between the City of Tukwila and La Pianta LLC, for the
Tukwila South Development," a copy of which is attached hereto as "Exhibit A" and by this
reference fully incorporated herein.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five days after
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Attachment Exhibit A Development Agreement
W:\ Word Processing Ordinances Tukwila South Development Agreement.doc
LV:ksn 05/28/2009 Page 1 of 1
DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TUKWILA
AND LA PIANTA LLC, FOR THE
TUKWILA SOUTH DEVELOPMENT
THIS DEVELOPMENT AGREEMENT "Agreement is made and entered into this
day of 2009, by and between the CITY OF TUKWILA "CITY a non charter,
optional code Washington municipal corporation, and LA PIANTA LLC, a Washington limited
liability company "La Pianta").
I. RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of
development agreements between a local government and a person having ownership or control
of real property within its jurisdiction and between a local government and a person owning real
property outside its boundaries as part of a proposed annexation, pursuant to RCW 36.70B.170
through RCW 36.70B.210.
WHEREAS, the "Tukwila South Project" (hereinafter defined) comprises approximately
512 acres of real property, which site is shown on the vicinity map attached hereto as Exhibit 1,
and La Pianta owns or controls approximately 503 of those acres, which is known as the
"Tukwila South Property" and legally described in Exhibit 2. The Tukwila South Project is
generally located between the boundaries of South 178 Street/South 180 Street on the north;
South 204 Street on the south; Orillia Road and Interstate -5 on the west; and the Green River on
the east. Approximately 259 acres will be annexed to the City pursuant to this Agreement.
WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is
appropriate for urban development pursuant to the Growth Management Act, and the City's
adopted Comprehensive Plan. The City will provide public services to the Tukwila South
Property, with the exception of power and water.
WHEREAS, La Pianta intends to develop the Tukwila South Property consistent with the
Tukwila South Master Plan "Master Plan The Master Plan envisions the creation of a major
new employment and housing base on the Tukwila South Property. The plan calls for
approximately ten million square feet of development that would be accommodated in a
combination of campus style research and office environments with a mix of other supporting
uses such as retail, residential, commercial, hotel and flex tech "Tukwila South Project The
Tukwila South Project will use the topographic and environmental constraints of the site to
define the limits of its development area, as shown on Exhibit 3 "Development Areas" and
"Non- Development Areas The Tukwila South Project includes the extension of Southcenter
Parkway in an alignment along the west edge of the valley floor "Southcenter Parkway
Project thus, functioning as the major transportation arterial through the site. The Tukwila
South Project will also contain an integrated, internal circulation system of streets, sidewalks and
05 23 0906 -08 -09 1 Exhibit A 1
pedestrian connections that link its various developments and will serve vehicles, cyclists and
pedestrians.
WHEREAS, La Pianta's goals for the Tukwila South Project are for a return on
investment, quality public infrastructure and service, certainty regarding the costs and flexibility
in how and when it develops. The City's goals in the development of the Tukwila South
Property include implementing its comprehensive plan, producing positive economic impacts to
the City and promoting environmental quality, mitigating financial risk for City funds, and
mitigation of project impacts.
WHEREAS, a development agreement must be approved by ordinance or resolution after
a public hearing.
WHEREAS, a public hearing for this Development Agreement was held on and
the City Council approved this Development Agreement by Ordinance on
WHEREAS, this Agreement constitutes a final land use action pursuant to RCW
36.70C.020 and is subject to review pursuant to RCW 36.70C.101 et seq.
NOW, THEREFORE, in consideration of the mutual promises set forth herein and the
long -term benefit to both the City and La Pianta, the parties hereby agree as follows:
II. AGREEMENT
1. Project Description.
The master planned development to be sited on the Tukwila South Property in
accordance with the terms and conditions of this Agreement as well as other applicable
development regulations is called the "Tukwila South Project." As used in this Agreement, the
term Tukwila South Project (or "Project means the proposed development of the Tukwila
South Property with a mix of uses, types and density of development, public and private
infrastructure and amenities consistent with the Tukwila South Master Plan and this Agreement.
2. Zoning Approvals.
2.1 Comprehensive Plan Designation. The Tukwila South Property is described
within the "Tukwila South" element of the City's 1995 Comprehensive Land Use Plan, as
amended "Comprehensive Plan This includes both the portion of the property currently
located within the City limits and the portion within the City's Potential Annexation Area
"PAA The City's Comprehensive Plan provides for use of a master plan in the Tukwila
South district to guide and authorize development. La Pianta has submitted a Master Plan which
identifies its development proposal. The City's Comprehensive Plan contemplates an overlay
district for the property subject to the Tukwila South Master Plan.
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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 512 contiguous acres and provides the vision and framework for the
creation of a "campus -type environment" focused on office and research facilities for emerging
technology industries, along with a mix of supporting retail, residential, commercial and flex
tech and hotel uses. The Master Plan is attached as Exhibit 4 to this Agreement and incorporated
by this reference. The first phase of the Master Plan implementation will involve grading the
entire site and installation of street and utility infrastructure. The approved Master Plan will
remain in effect for the Terris of this Agreement. The Master Plan may not be amended or
superseded without the consent of both parties. In addition, any amendment to the master plan
must follow the process for such amendments that is in effect at the time of the request.
2.3 Sensitive Areas Overlay and Master Plan. The City Council approved the
designation of Tukwila South Property as a Sensitive Area Master Plan Overlay district on
2009. La Pianta has submitted for City review a Sensitive Areas Master Plan "SAMP for the
Tukwila South Property. The Department of Ecology "DOE has issued a Section 401 water
quality certification for the Tukwila South Property (Certification Order No. 2877, dated
November 7, 2005) (the "401 Certification Pursuant to TMC 18.45.160.G.8, the City will
review the SAMP to ensure it conforms to the conditions of the 401 Certification. If the SAMP
conforms to the conditions of the 401 Certification and TMC 18.45.160, the Director of
Community Development will take action to approve the proposed SAMP, pursuant to TMC
18.45.160.G, within 30 calendar days after the effective date of the annexation. The Sensitive
Areas Overlay and associated SAMP require mitigation of impacts to sensitive areas associated
with the Tukwila South Project through build -out.
2.4 Land Use Permit Process. The above referenced plans will be implemented in
phases by a series of Land Use Permit Process applications. These include but are not limited to,
applications for clearing and grading permits, tree permits, building permits, shoreline substantial
development permits, development permits, design review approvals, conditional use permits,
planned residential developments, and such other permits and approvals described in Chapter
18.104 of the TMC and necessary to authorize development and implementation of the Master
Plan approval. The Land Use Permit process requires the applicant to demonstrate consistency
with the requirements of the approved Master Plan, as implemented through the Tukwila South
Overlay District described in Section 2.5 below. All land use fees not specifically addressed in
this Agreement will be paid at the time of permit application or when otherwise due.
2.5 Application of Tukwila South Overlay District. Consistent with the
Comprehensive Plan, the City has amended the Tukwila Municipal Code "TMC to adopt the
Tukwila South Overlay District as Chapter 18.40, a copy of which is attached hereto as Exhibit
5. The purpose of the Tukwila South Overlay District is to encourage innovative uses, sites and
comprehensive planning of large land parcels through a master plan. The Tukwila South
Overlay contains the development regulations, including commercial design guidelines, that will
apply to the Tukwila South Property. The City agrees to apply the Tukwila South Overlay
District regulations to the portion of the Tukwila South Property within its PAA, after that area is
annexed to the City.
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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 perinitted uses) that
does not generate more than 10,166 Net New Trips (as defined below) from onsite development
and is limited to 10.3 million square feet of new building floor area "Allowable Development
For the purposes of deteinrining Allowable Development, new "building floor area" shall include
new floor area generating vehicle trips, but shall not include floor area that does not generate
vehicle trips, such as parking areas and mechanical space.
3.2 Site Clearing, Grading, and Coverage. Subject to the limitations of Section 3.5
below, (i) up to 100% of the Development Area, outside of sensitive area or shoreline buffers,
may be cleared and graded, and (ii) in the Development Area, up to 85% of the developable area
served by each stoiniwater facility may be covered with impervious surfaces.
3.3 Limit on Certain Uses. The following uses in the Tukwila South Project will be
subject to the restrictions set forth in this Section 3.3:
(a) Movie theaters with three (3) or fewer screens shall be a peiiiiitted use. Movie
theaters with more than three (3) screens shall be treated as special permission
uses (TMC 18.41.060).
(b) Regional malls shall be a prohibited use. For purposes of this Agreement,
"Regional Mall" shall mean an independent, retail complex of at least 500,000
square feet of building floor area (as that term is defined in Section 3.1 above)
containing privately -owned indoor and outdoor walkways for shoppers traveling
to and from multiple retail uses. The square footage limitation under this
definition shall be applied on a project -by- project basis, and shall not be applied
to the Tukwila South Property as a whole.
(c) No warehouse uses will be allowed in the Tukwila South Project beyond what is
in existence at the time of execution of this Agreement, and redevelopment of
existing warehouses to warehouse use will not be pelnritted. Notwithstanding the
foregoing, with respect to existing warehouse uses and buildings, La Pianta shall
be entitled to undertake noinral maintenance and repair, reconstruction in the
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event of casualty and condemnation, modifications necessary to meet current code
requirements, and for each building, a one -time "minor expansion" (not exceeding
5% of building floor area). The City shall require special permission uses (TMC
18.41.060). approval for such "minor expansions
3.4 Expansion Areas. Several parcels that are not currently owned by La Pianta are
located within the Project boundaries and are more particularly described and depicted in Exhibit
6. These parcels were included within the 512 acres analyzed in the Tukwila South EIS
(hereinafter defined). The Tukwila South Overlay District regulations shall apply to these
parcels if they are acquired and developed by La Pianta during the Term of this Agreement.
Another parcel owned by La Pianta, hereinafter referred to as the "Arnold Parcel also described
in Exhibit 6, was not studied as part of the Tukwila South EIS. La Pianta and the City
acknowledge that the Tukwila South Overlay District regulations shall apply to the Arnold
Parcel, but that additional environmental review may be necessary when La Pianta elects to
develop the Arnold Parcel. In the event that La Pianta desires to develop an Expansion Area
under the Development Agreement, La Pianta shall provide (i) written notice to the City, (ii)
evidence of its ownership or control of the Expansion Area(s) in question or the agreement by
La Pianta and the owner(s) of the Expansion Area in question to subject such area to the terms of
the Agreement, and (iii) evidence that no further additional environmental analysis is required
beyond that covered in the Tukwila South EIS for the development proposed.
3.5 Floodplain Development Review. Development in any areas of the Tukwila
South Property lying within a 100 -year floodplain, as designated by the Federal Emergency
Management Agency "FEMA shall be subject: (i) to review by the City and/or agencies with
jurisdiction to ensure that such development will not result in a "take" of any endangered species
in violation of federal law; and (ii) to all laws and regulations governing development within
such FEMA- designated 100 -year floodplains that are in effect at the time of a complete
development application (the "Floodplain Regulations
The clearing and grading permit for initial, overall site development for the Tukwila
South Project "Clearing and Grading Permit shall be executed in accordance with the
Floodplain Regulations, as applicable. Upon completion of the clearing and grading, subject to
the Clearing and Grading Peiinit, and the Levee Modification, as defined herein, La Pianta will
prepare for review by the City a Letter of Map Revision "LOMR or conditional Letter of Map
Revision "CLOMR The City shall forward the LOMR or CLOMR, as applicable, to FEMA
for review and when the LOMB ro��is approved by FEMA, future building applications
will not be subject to the Floodplain Regulations.
4. Parties Obligations Under this A €reement.
This Agreement establishes certain roles and responsibilities for the development of the
Tukwila South Project, including but not limited to City commitments for partial funding and
construction of certain public infrastructure improvements benefiting the Tukwila South Project,
as well as the community at large, and La Pianta commitments to participate in the funding of
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05 28 0906 -08 -09
certain public improvements, to fund all private aspects of the development and to develop the
Tukwila South Property consistent with all applicable land use policies and regulations.
4.1 Annexation. Upon execution of this Agreement, La Pianta shall submit a signed
60% petition for annexation to the City of Tukwila for the portion of the Tukwila South Property
located within the PAA. The City will take all steps necessary to consider the annexation in a
timely manner after submittal of a signed 60% petition. In the event that La Pianta fails to
submit the 60% petition, the City may terminate this Agreement upon giving 14 days notice to
La Pianta. Should the annexation fail to occur by December 31, 2009 (the "Outside Annexation
Date this Agreement will tee urinate and all obligations herein will be extinguished. The
Outside Annexation Date shall automatically be extended for the period of any review of the
annexation by the Boundary Review Board, if jurisdiction is taken, and/or the courts. For
purposes of this Agreement, the "effective date of the annexation" hereunder shall be the date on
which the ordinance of annexation of the Tukwila South Property adopted by the City Council is
effective, final and unappealable.
4.2 Levee Modification and 404 Permit Approval. The City has submitted to the U.S.
Airily Corps of Engineers, Seattle District "ACOE an application for modification of the levee
system in the Tukwila South Property which will, among other things, permit the removal of the
existing cross -levee structure at South 196 Street (the "Levee Modification La Pianta has
submitted to ACOE an application for a Section 404 permit under the Clean Water Act, to permit
the grading, filling and development of the Tukwila South Property as contemplated in the
Tukwila South Master Plan (the "404 Peiurit The parties will take all reasonable steps
necessary to secure from the ACOE the issuance of the Levee Modification and the 404 Peinrit
in a timely manner. If either the Levee Modification or the 404 Peituit has not been issued by
the Corps, and all appeal periods having passed with no appeals filed, by June 30, 2010 (the
"Outside Approval Date this Agreement will terminate and all obligations herein will be
extinguished. The Outside Approval Date may be extended by mutual agreement of the parties.
As provided herein, the parties will place in the Escrow (as established under Section 4.8.4.6
below) all documents, payments and other undertakings required to be delivered prior to the
Outside Approval Date. Upon approval of the Levee Modification and issuance of the 404
Peiniit, the Escrow Agent (hereinafter defined) shall be instructed to release, deliver or record, as
appropriate, all sums and documents held in escrow unless expressly provided otherwise in this
Agreement.
The City shall incur no costs for the maintenance of the new levee constructed as a result
of the Levee Modification. Failure of La Pianta to secure maintenance for the levee prior to
issuance of the Clearing and Grading Penult, shall result in denial of said permit.
4.3 Southcenter Parkway Proiect.
4.3.1 Southcenter Parkway Proiect Design. The City shall, using grant funds
secured for this Project, promptly complete the final design of the extension and relocation of
Southcenter Parkway from S. 180 Street to S. 200 Street "Southcenter Parkway Project" or
"SCP Project including necessary sewer, water, stormwater, natural gas, power and
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telecommunications utility system improvements associated with this roadway improvement
project (the "Final Design Plans as documented in the 90% drawings completed by David
Evans and Associates dated September 2005 (the "90% drawings and on file with the City.
The City may use up to $300,000 of the grant funds identified in Section 4.3.7 below for the
purpose of completing the Final Design Plans; any costs to complete the Final Design Plans in
excess of $300,000 shall be borne by the City. The Southcenter Parkway Project will provide
additional access to the Tukwila Urban Center and the Tukwila South Project. Except as set
forth in this subsection, the Final Design Plans shall not materially deviate from the 90%
drawings without the written consent of both parties. For the purposes of this Section, the Final
Design Plans shall be deemed to "materially deviate" from the 90% drawings if the Final Design
Plans include modifications to the 90% drawings that will result in a construction cost increase in
the aggregate of more than $250,000. The Southcenter Parkway Project will not include the
relocated South 178 Street improvements or the bike lanes as specified on the 90% drawings.
4.3.2 Land Dedication for Southcenter Parkway Project. La Pianta agrees to
dedicate, at no cost to the City, the land necessary to construct the Southcenter Parkway as
depicted in Exhibit 7. La Pianta waives all credit for this dedication of land against any traffic
impact fee assessed for the Project. In addition, La Pianta agrees to waive any claim for just
compensation pursuant to RCW 8.12 and any claims under the Washington and Federal
Constitutions in connection with the dedication of this right -of -way. La Pianta shall deliver a
signed but undated statutory warranty deed (free of all encumbrances and easements
unacceptable to the City) for this land and a signed and dated right of way easement
encumbering the same property described in the deed, in commercially reasonable fo"u
acceptable to the City, to the Escrow no later than 5 days after the effective date of the
annexation specified in Section 4.1. Upon receipt, the City shall record the right of way
easement and retain the undated deed in Escrow until the City is prepared to vacate Frager
Road/Southcenter Parkway as provided in Section 4.10. Simultaneously with the transfer of the
properties described in Section 4.10, the City shall cause the deed delivered by La Pianta into
Escrow to be dated and recorded. If the deed and the right of way easement are not delivered in
the time specified by this Section, this Agreement will terminate. For the purpose of the real
estate excise tax, the City acknowledges that the transfer of property pursuant to this section shall
be for a "public use in connection with the development of real property" as provided under
WAC 458 -61A -205.
4.3.3. Planning and Design Work. La Pianta has provided the following
planning and design services in connection with the Southcenter Parkway Project:
(i) Geotechnical reports and info' nation;
(ii) Survey, topographical maps;
(iii) As -built survey of utilities;
(iv) Legal description of final right -of -way;
(v) Plans and designs for wetland and stream mitigation, including plans for
land, cost of restoration, permitting, on -going maintenance and
monitoring;
(vi) 30% design work; and
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(vii) Plans and designs for temporary stormwater detention and treatment for
Southcenter Parkway Project during construction, and peimanent
stoimwater detention and water quality facilities for Southcenter Parkway
and South 200 Street as more particularly described in Sections 4.3.5 and
5.4.
4.3.4 Hiahline/PSE /Southcenter Parkway Costs. La Pianta shall obtain power
and gas utility service for the Tukwila South Project from Puget Sound Energy "PSE and
water service from the Highline Water District "Highline La Pianta shall pay for all costs
related to the design and construction of Highline Water systems and PSE systems for the
Tukwila South Project (not including costs for which PSE and Highline are responsible for
undergrounding and relocation of existing systems, as described herein). The City shall cause
Highline to relocate its existing water system facilities pursuant to its franchise agreement with
the City. The City shall cause PSE to relocate and underground existing power and gas system
facilities pursuant to its franchise agreement with the City and applicable tariff. Any costs or
fees assessed to the City by those utilities for invoking either of the franchise terms discussed in
this Section shall be paid to the City by La Pianta within 30 days of invoice.
4.3.4.1 Highline Water. The City will include the work for the relocation
and upgrade of the Highline Water system utilities in its SCP Project bid as a bid additive (the
"Highline Work The Highline Work will be accounted for and invoiced separately from the
SCP Project. The City shall enter into an agreement with Highline pursuant to which Highline
shall reimburse the City for the cost of the Highline Work. La Pianta shall enter into a separate
agreement with Highline pursuant to which La Pianta shall reimburse Highline for La Pianta's
portion of the costs of the Highline Work. Pursuant to Section 4.8.4 of this Agreement, La
Pianta shall provide the City with a letter of credit in the amount of 110% of La Pianta's portion
of the estimated cost of the Highline Work as security for payment of those associated costs. In
the event that Highline fails to reimburse the City, pursuant to the terms of the agreement
between the City and Highline, for La Pianta's portion of the cost of the Highline Work, the City
may draw upon the letter of credit as provided in Section 4.8.4. In addition, La Pianta shall
provide the City with a copy of La Pianta's agreement with Highline and evidence of timely
payments to Highline thereunder.
4.3.4.2 PSE. The City will exclude the work for the PSE power and gas
utilities from the SCP Project bid. PSE will provide the specifications for such power and gas
utility work to serve the Tukwila South Project (the "PSE Work which will be constructed in
coordination with the SCP Project. The PSE Work will be conducted by third parties on behalf
of PSE. The bid documents and the final construction contract for the SCP Project shall include
a "cooperation clause," requiring cooperation and communication between the City (and the
City's contractor on the SCP Project). La Pianta LLC and PSE or PSE's designees and
contractors undertaking the PSE Work. La Pianta shall indemnify and defend the City against
delay claims made by the City's contractor for the SCP Project because of the PSE Work. La
Pianta shall pay (i) PSE directly for La Pianta's share of the cost of the PSE Work in accordance
with PSE Tariff Schedule 85, and (ii) the City directly for the City's share of the cost of the PSE
Work in accordance with PSE Tariff Schedule 74. La Pianta's obligation under this Section
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05 28 0906 -08 -09
4.3.4.2 shall be secured by an irrevocable standby letter of credit in the amount of 110% of the
City's estimated share of the PSE Work, naming the City as beneficiary as provided in Section
4.8.4. In the event that La Pianta fails to pay the amount due under this Section 4.3.4.2 within
thirty (30) days of demand by the City, the City may draw upon the letter of credit as provided in
Section 4.8.4.
4.3.5 Southcenter Parkway Storm Drainage. La Pianta shall provide, at no cost
to the City, sufficient capacity for all drainage from the Southcenter Parkway Project within the
regional storm drainage facilities more particularly described in Section 5.4 to be constructed by
La Pianta as part of the pen stormwater drainage facilities for the Tukwila South Project.
La Pianta shall provide easements granting the City the right to discharge stonnwater from
Southcenter Parkway and South 200 Street to La Pianta's regional stonnwater facilities. La
Pianta covenants that the regional stonnwater facilities will be sized to accommodate stonnwater
run -off from the Tukwila South Project, including Southcenter Parkway, South 200 Street and
all other development proposed as part of the Tukwila South Project. The stormwater system
includes a "South Facility" and a "North Facility both as defined in Section 5.4 below.
4.3.5.1 South Facility. Easements and stormwater facilities for the South
Facility may, at the discretion of La Pianta, be temporary, provided however, that except as
provided in Section 4.3.5.3 below, La Pianta shall: (i) provide permanent, no -cost easement and
stormwater facilities in the South Facility prior to the issuance of the first construction permit for
a new building development in the Tukwila South Project; and (ii) ensure that the South Facility
will be operational and ready for use prior to the completion of the Southcenter Parkway Project.
4.3.5.2 North Facility. At La Pianta's option, stormwater to be treated in
the North Facility may be piped to the South Facility for treatment and discharge on an interim
basis. The development of the North Facility shall occur prior to the date on which the capacity
of the South Facility is fully utilized.
4.3.5.3 WSDOT/FHWA Approval. Immediately upon execution of this
Agreement, the City shall amend its submissions to WSDOT/FHWA to describe the stone
drainage plan for the Southcenter Parkway Project that is more particularly set forth in Section
5.4, and shall request approval for such change. La Pianta shall cooperate in good faith to
provide all necessary documentation reasonably necessary to secure WSDOT's approval of such
stonnwater plan for Southcenter Parkway. In the event that the stonnwater plan for Southcenter
Parkway described in Section 5.4 is not approved by WSDOT/FHWA, the City shall construct
the stormwater ponds described in its original proposal to WSDOT, for treating and detaining
stonnwater runoff from Southcenter Parkway and South 200 Street. In such case, La Pianta
shall, within thirty (30) days of the City's written demand therefore, grant at no cost to the City
temporary easements necessary to construct the stonnwater ponds needed to accommodate the
stonnwater run -off from Southcenter Parkway and South 200 Street that was described in the
City's original SCP Project proposal to WSDOT. The easement agreements shall provide that at
such time La Pianta completes the South Facility and it is available to accommodate the run -off
from Southcenter Parkway and South 200 Street, the temporary easements shall terminate and
shall be replaced by permanent easements to the South Facility.
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4.3.6 Southcenter Parkway Bidding /Constriction. Upon the issuance of the 404
Permit contemplated in Section 4.2, the City shall be responsible for the bidding and construction
of Southcenter Parkway "Southcenter Parkway Project The City shall request foinral bids
from contractors for the construction of the Southcenter Parkway Project as soon as all necessary
approvals and permits have been received. This Agreement is premised on the assumption that
the project costs for the Southcenter Parkway Project (including the up to $300,000 allocated to
completion of the Final Design Plans under Section 4.3.1 above) will not exceed available
financing in the amount of $26,800,928 "Construction Cost Cap The total project cost of the
Southcenter Parkway Project "Total Project Cost shall be the lowest responsible bid received
by the City, and shall allow and include up to a 15% construction management allowance and a
15% project contingency allowance. For the purpose of determining whether the Total Project
Cost exceeds the Construction Cost Cap, the Total Project Cost shall not include the costs for the
Highline Work and PSE Work (which costs shall be paid by La Pianta and the utilities as
provided in Section 4.2.4), and shall not include the City's costs for its employees in connection
with or related to the management and/or supervision of the construction of the Southcenter
Parkway Project, which costs the City shall bear. The City shall use commercially reasonable
efforts to minimize the Total Project Cost of the Southcenter Parkway Project. For purposes of
this Agreement, "commercially reasonable efforts" means the actions normally taken to reduce
costs for any City project.
If the Total Project Cost exceeds the Construction Cost Cap, the City shall have
no obligation to construct the Southcenter Parkway Project unless La Pianta gives written notice
as provided herein to the City that La Pianta shall pay such difference "Project Cost
Differential In such case, the City shall send written notice to La Pianta of the Project Cost
Differential, and La Pianta shall, within 15 days of receipt thereof, give the City written notice of
whether La Pianta elects to pay the Project Cost Differential. If La Pianta elects to pay the
Project Cost Differential, then La Pianta must provide the City cash security for such amount
"Cash Security also within the 15 days. Provided that La Pianta timely provides the City such
notice and Cash Security, the City shall promptly execute a construction contract for the
Southcenter Parkway Project. If La Pianta does not timely provide the City with the notice
and/or the cash security, the City shall reject all bids and this Agreement shall immediately
terminate without further action required by any party.
If La Pianta pays the Project Cost Differential, the City agrees to utilize the funds
within the Construction Cost Cap prior to utilizing the Cash Security. Should any Cash Security
remain after completion of the Southcenter Parkway Project, said remainder shall be refunded to
La Pianta within thirty (30) days after final acceptance of the Southcenter Parkway Project. In
the event of cost overruns in excess of the Total Project Cost (including Cash Security for the
Project Cost Differential), the City shall promptly notify La Pianta, and La Pianta shall provide
additional Cash Security equal to or greater than the amount of any overruns within ten (10) days
of invoice. Upon completion of the Southcenter Parkway Project, if state or federal auditors
identify any charges that fall outside the scope of work, excluding mutually agreeable change
orders and agreed to modifications to the scope of work, for the Southcenter Parkway Project, La
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Pianta shall be entitled to a refund for those sums identified within thirty (30) days after
completion of said audit(s).
4.3.7 Southcenter Parkway Financing,. The City shall use 18,530,345.00 in
state and federal grant money secured for the cost of design and construction of Southcenter
Parkway Project. The City shall also utilize limited tax general obligation debt "General
Obligation Bonds or other financing mechanisms to finance up to $8,250,000.00 dollars toward
the construction of the Southcenter Parkway Project. In the event that any state or federal grant
funds are withdrawn from the Southcenter Parkway Project prior to the Outside Approval Date
(as defined in Section 4.2), the parties will use best efforts to seek replacement grant funds
"Replacement Funds If the parties are unable to secure commitments for such Replacement
Funds by December 31, 2010, then this Agreement will immediately teiniinate, all obligations
hereunder will be extinguished, and the Escrow shall be terminated.
In the event that any additional state or federal grant funds, debt or credit
enhancements, including but not limited to interest rate reductions, tax credits or
reimbursements, and which are not Replacement Funds, are provided to the Southcenter Parkway
Project, the parties shall equally share the economic benefit of such additional measures.
4.3.8 Closure of Southcenter Parkway and Frager Road. The City shall close
the existing Southcenter Parkway and Frager Road from South 180 Street to South 200 Street
during the construction phase of the Southcenter Parkway Project, except for local traffic, and
agrees that La Pianta can use the roadway for project purposes, without compensation to the City
or the need for issuance of right -of -way penults, provided that La Pianta maintains the roadway
during that period of time and La Pianta's use does not unreasonably interfere with use for local
traffic. La Pianta shall ensure that local traffic may access their properties from the north access
point to Tukwila South. The City acknowledges that a certain portion of Frager Road and the
existing stouuwater pond near South 200 Street shall be permanently closed and removed upon
issuance of a grading pellniit to La Pianta for the purpose of constructing the "Green River Off
Channel Habitat Area." Provided that WSDOT approval for stormwater plan is granted pursuant
to Section 4.3.5.3, the City shall penult La Pianta to use said portions of the right of way and
existing detention pond for such purpose prior to conveying ownership of such parcels to La
Pianta pursuant to Sections 4.10 and 4.11, provided however, La Pianta shall indemnify and hold
the City haiiiiless for any claims or damages because of or arising out of La Pianta's use or
possession of this land, except to the extent caused by the negligence of the City, its employees
or agents. Before commencing the construction of the Green River Off Channel Habitat
Area, La Pianta shall provide temporary detention of stoiniwater from South 200 Street in place
of the removed stormwater pond until the South Facility is complete and operational.
4.4 Sanitary Sewer System. As outlined in the Tukwila South EIS, additional sewer
capacity may be required to serve the Tukwila South Project, as the Project develops. Sewer Lift
Station #2 may need to be upgraded to create sufficient pumping capacity; and the force sewer
main along Andover Park West from Minkler Ave to Strander Blvd (the "Force Sewer Main
may need to be upgraded to provide sufficient capacity to carry the additional flows generated by
the Tukwila South Project. If at any time during the Tenn of this Agreement, a capacity analysis
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of the system shows that any of the Sewer Lift Station #2, the Force Sewer Main, or any other
facility within the City's sanitary sewer system necessary to provide service to the Tukwila
South Property (each a "Facility is at 80% or more of its capacity, then the City shall promptly
initiate its standard process of planning, financing and construction for improvement to the
Facility (or more than one) necessary to provide adequate sanitary sewer service to accommodate
the Allowable Development. The City will finance the construction of the Facility through
bonds or any other source of City capital funding and/or through connection fees, sewer rates or
other charges to be paid by all the benefited ratepayers. If the City elects to fouii a Utility Local
Improvement District "ULID or other special district to pay for the Facility, La Pianta shall
execute a No Protest ULID Agreement for the foiniation of an ULID to provide improvements to
the sanitary sewer system as outlined herein. The No Protest agreement shall be in a form
acceptable to the City. La Pianta shall be responsible for paying citywide sewer system
connection charges and fees at the time of each building permit application, subject to the tennis
of any applicable No Protest Agreement as described herein and La Pianta's participation in any
ULID or special district assessment.
Construction of the initial Southcenter Parkway sewer lines serving the Tukwila South
Property will be included in the cost of the Southcenter Parkway Project, and therefore a portion
of the cost of the sewer improvements will be funded by sources other than the City. La Pianta
or Parcel Builders (hereinafter defined) shall pay sewer connection charges based on the total
project cost. Each sewer connection charge paid by La Pianta or a Parcel Builder for the initial
Southcenter Parkway sewer line shall be credited to La Pianta as O &M Revenue pursuant to
Section 4.8.3.
4.5 Parks and Open Space.
4.5.1 Bike/Pedestrian Trail. Within thirty (30) days of the effective date of the
annexation, La Pianta shall donate to the City an easement for a north -south trail system through
the Tukwila South Property from S. 180 Street to S. 204 Street, provided however, that the
City shall not peiniit the public to use the easement area until the later of: (i) three (3) years after
the conveyance of the easement, or (ii) completion of initial site grading and the Green River Off
Channel Habitat Area, but not later than four (4) years after the conveyance of the easement.
The width of the easement shall be at a minimum -14 feet or such greater width as may be I
required under the City's Shoreline Master Program. The easement shall be delivered into the
Escrow. The bike /pedestrian trail shall be located along the Green River within the crown of the
levee. When the new levee is constructed, as contemplated by this Agreement, the easements
will be revised to follow the crown of the new levee configuration. La Pianta waives any credit
for this donation against any future park impact fee assessed against the Project and waives all
claims for just compensation pursuant to RCW 8.12 and State and Federal Constitutions. La
Pianta shall not be responsible for costs of construction or maintenance of any improvements
within the trail easement.
La Pianta will develop and submit to the City for approval a plan for trails and
bike /pedestrian connections within the Tukwila South Property. The Plan will identify the
general goals and objectives of a system of pedestrian connections for the Tukwila South
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Property and will identify possible locations for eight (8) 14 foot wide pedestrian corridors and
connections from the bike /pedestrian trail described above through the Tukwila South Property,
in locations approved by La Pianta, to off -site pedestrian trails and City rights -of -way. The eight
locations will include the City's existing trail connection points at South 180 Street, South 200
Street and South 204 Street. La Pianta will complete this plan and submit it for approval to the
Parks and Recreation Director by December 31, 2011.
4.5.2 Green River Pedestrian Bridge. La Pianta shall be responsible for
$500,000.00 toward the cost of construction of a pedestrian bridge across the Green River to the
Green River Trail and Briscoe Park (the `Bridge Any additional cost for this bridge project
and all peiiiiitting obligations shall be the responsibility of the City. Within thirty (30) days of
the date the City notifies La Pianta that the City will make application for a grant or grants for
any portion of the cost of construction of the Bridge, La Pianta shall provide to the City a letter
of credit in the amount of $500,000 pursuant to Section 4.8.4.3 of this Agreement. The letter of
credit shall have a teller of one (1) year (or less than one year in the initial year, as set forth in
Section 4.8.4.4) and shall be renewed until the 5500,000 payment is made to the City. In the
event that La Pianta fails to pay $500,000 to the City within thirty (30) days of the date the City
notifies La Pianta that any grant(s) have been awarded to the City, which grants, together with
other funds available to the City, will underwrite the full cost of construction of the Bridge, the
City may draw upon the letter of credit as provided in Section 4.8.4. The City will use best
efforts to obtain full funding to provide the additional funding necessary to complete
construction of the Bridge project. If the City is unable to obtain grant funding for construction
of the Bridge within five (5) years of the date of this Agreement, then La Pianta shall pay
S500,000 in cash to the City within thirty (30) days after such date, or the City may thereafter
draw upon the letter of credit as provided in Section 4.8.4. If the City is unable to secure
adequate funding for the Bridge, the City may utilize the 5500,000.00 for general park facilities
within the Tukwila South area. La Pianta waives credit for this donation against any future park
impact fee assessed for the Tukwila South Project and waives any claim for just compensation
pursuant to RCW 8.12 and the State and Federal Constitutions. The City and La Pianta
acknowledge that construction of the Bridge will occur after December 31, 2012 when
significant development has occurred within the Tukwila South Project. Prior to commencement
of construction of the Bridge project, La Pianta shall grant to the City an easement in
commercially reasonable form on a portion of the Tukwila South Property for the purpose of
installing and maintaining bridge supports and touchdowns (the "Bridge Easement The area
of the Bridge Easement shall not exceed 3,000 square feet and shall be located subject to mutual
agreement of the parties, provided such location shall be within the river buffer of the City's
Shoreline Master Program. If the City has obtained funding and is commencing construction of
the bridge, La Pianta shall grant the Bridge Easement within thirty (30) days of the City's
request.
4.5.3 Donation of Levee Easements. La Pianta will grant permanent easements,
at no cost to the City, on property under its ownership, to the City of Tukwila for improvements
to the City's levee system on the west side of the Green River. The easements will be sized to
accommodate (i) an overall slope gradient of 2.5:1 on the river side of the levee from S. 196
Street to S. 204 Street; (ii) a slope gradient of 2:1 on the landward side of the levee from S.
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Ef 22 0906 -08 -09
196 Street to S. 204 Street and on both sides of the levee from S. 180 Street to S. 196 Street
and (iii) a 14- foot -wide levee crown. In each case, the easement area to be granted will
commence at the waterside toe of the existing levee. If levee improvements are made before
redevelopment in the existing Segale Business Park, the levee improvements shall not
unreasonably interfere with La Pianta's use of the existing Segale Business Park. "Unreasonably
interferes" shall be deemed to include, without limitation, any restriction on the use of the
existing buildings or the paved areas around them. If it is determined that additional easement
area is needed, the City will negotiate with La Pianta or take necessary legal action to acquire the
additional easement. The easements referenced in this section shall be delivered to the Escrow
within thirty (30) days of the effective date of the annexation.
4.6 Fire Service.
4.6.1 Voluntary Fire Impact Fee. Pursuant to RCW 82.02.020, La Pianta agrees
to voluntarily pay a fire service mitigation fee of 50.50 per square foot for commercial/industrial
development and 5500.00 per dwelling unit for residential development. If the City adopts a fire
impact fee pursuant to RCW 82.02 or other enabling legislation, those impact fees will apply to
the Tukwila South Project, replacing the fee set forth above, and will be assessed at the time of
building permit issuance. In either case, La Pianta will not be assessed an impact fee for new
development which replaces existing building square footage, currently served by Tukwila Fire,
if redeveloped.
4.6.2 Donation of Land for Fire Station. La Pianta shall donate to the City up to
three (3) acres of undeveloped land along Southcenter Parkway south of South 180 Street for
future use as a fire station. The location of the specific property must be mutually acceptable and
the property shall meet the following criteria of the City: (1) Able to accommodate a 25,000 gsf
building, parking and outdoor storage (more specific detail will be provided by the City's
architect no later than 180 days after execution of this Agreement); (2) level topography; (3)
rectilinear site; (4) clear title (i.e., subject to liens and encumbrances approved by the City,
created under this Agreement, or which are not inconsistent with the City's intended use); (5)
soils capable of bearing the load of the proposed fire station without shoring, bracing, piling, or
other extraordinary construction methods, and containing no hazardous substances; (6) direct
access onto an arterial street; (7) located in the vicinity of S. 180 Street, but outside the
shoreline environment. La Pianta shall transfer such property to the City in its as -is, where -is
condition, without warranties other than good title. No credit will be given against any fire
impact fee for this land donation. The parcel will be identified and agreed upon, and the deed
therefore shall be delivered to the Escrow, prior to the City Council's adoption of the ordinance
vacating existing Frager Road, as provided in Section 4.11 below. La Pianta will be responsible
for all closing and escrow costs associated with this land donation. La Pianta waives any credit
for this land donation against any fire impact fee assessed under the Tukwila Municipal Code.
For the purpose of the real estate excise tax, the City acknowledges that the transfer of property
pursuant to this section shall be for a "public use in connection with the development of real
property" as provided under WAC 458 -61A -205. The City agrees to cooperate with La Pianta to
implement modifications to the boundaries of the fire station parcel (prior to commencement of
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construction of the fire station) to promote logical development of adjacent lands by La Pianta,
as long as such modifications are consistent with the parameters set forth above.
4.7 Impact Fees. Nothing in this Agreement shall preclude the City from assessing
duly enacted impact fees to this Project at the time of building peiiuit issuance.
4.8 City Revenues and Costs: La Pianta Financial Guarantees.
4.8.1 Operations and Maintenance Services. Pursuant to the protocols set forth
in Section 4.8.3, the City will track the following revenue generated from the Tukwila South
Property (including all use and development thereon): sales tax, real estate excise taxes, utility
taxes, franchise fees, business license revenues, commercial parking taxes, hotel/motel tax,
admission tax, where those taxes and /or fees are paid by the owners of property or businesses
developed as part of the Tukwila South Project (collectively, the "O &M Revenue provided,
however, that if the Washington State Department of Revenue begins to report liquor excise
taxes, motor vehicle excise taxes and/or fire insurance premium taxes in such a way that they can
be identified as having been generated from the Tukwila South Property, then each of those taxes
that is so reported shall be included in O &M Revenue. The O &M Revenue will not include any
property tax revenue from the Tukwila South Property, or any revenue from any business or land
use existing or in operation on any portion of the Tukwila South Property as of the date of this
Agreement.
The City will also track expenditures related to providing operations and
maintenance public services to new development within the Project and pre construction
expenses related to the Project, including without limitation, the provision of police, fire, public
works and parks services allocable to new development at Tukwila South, the pro -rata capital
costs for such services (not covered by impact fees), and the pro -rata operations and maintenance
expenses related to the Southcenter Parkway Project once completed (collectively, the "O &M
Expenses The City covenants to use commercially reasonable efforts to minimize the O &M
Expenses during the Term of this Agreement (i.e., the same efforts the City uses to minimize its
O &M Expenses city wide).
On or before March 31, 2010 and each March 31 thereafter, the City shall provide
to La Pianta an Annual Statement (hereinafter defined). If for any year the Annual Statement
shows that O &M Expenses have exceeded O &M Revenue, La Pianta shall pay the difference to
the City within thirty (30) days of receipt of the Annual Statement "O &M Guarantee If for
any year the Annual Statement shows that O &M Revenue has exceeded O &M Expenses, the
City is not prohibited from using the excess funds for general City purposes.
If La Pianta requests an audit of an Annual Statement pursuant to Section 4.8.3, it
shall nonetheless pay to the City any amount shown to be due by the Annual Statement within
thirty (30) days of receipt of the Annual Statement, and if the audit shows an error in the Annual
Statement then the City shall refund to La Pianta any sums it has paid that were not due pursuant
to this Section 4.8.1, or La Pianta shall make any additional payment due, in either case within
thirty (30) days of the Accountant's decision.
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05 28 0906 -08 -09
La Pianta's total obligation under this section 4.8.1 shall be limited to
S 12,000,000.
4.8.2 General Obligation Bonds and Increased Property Tax Revenues.
Pursuant to the protocols set forth in Section 4.8.3, the City shall track the Increased Property
Tax Revenues from the Tukwila South Property. For the purposes of this section, "Increased
Property Tax Revenues" shall mean the property tax revenue attributable to that property
annexed to the City of Tukwila pursuant to this Agreement.
If any Annual Statement shows that the Increased Property Tax Revenue in that
year is less than the annual debt service for the General Obligation Bonds in that year "Debt
Service Shortfall then La Pianta shall pay to the City within thirty (30) days of receipt of the
Annual Statement a sum equal to the Debt Service Shortfall. However, notwithstanding the
foregoing, (a) the City shall be responsible for debt service on the first $6,000,000 of bonds, and
(b) La Pianta's yearly obligation under this Section 4.8.2 shall not in any year exceed a sum
equal to the difference between the total annual debt service on the General Obligation Bonds in
that year minus the debt service on $6,000,000 of those bonds in that year. If, for any year, the
Annual Statement shows that Increased Property Tax Revenue has exceeded the City's annual
debt service for the General Obligation Bonds in that year, the City is not prohibited from using
the excess funds for general City purposes.
For example, if the City issues General Obligation Bonds totaling $7,000,000, the
City will be responsible for the first six sevenths of the debt service ($6,000,000 divided by
S7,000,000) in each year, whether or not the Increased Property Tax Revenues are sufficient to
fully provide for that portion of the debt service. If there is no Debt Service Shortfall in a given
year, the City will be responsible for all of the debt service in that year. If, in this example,
however, there is a Debt Service Shortfall in a year, then for that year La Pianta will be
responsible for the Debt Service Shortfall up to one seventh of the debt service on those General
Obligation Bonds and must make a shortfall payment to the City in that amount. In no event will
the City issue more than $8.25 million of General Obligation Bonds.
If La Pianta requests an audit of an Annual Statement pursuant to Section 4.8.3, it
shall nonetheless pay to the City any amount shown to be due by the Annual Statement within
thirty (30) days of receipt of the Annual Statement, and if the audit shows an error in the Annual
Statement then the City shall refund to La Pianta any sums it has paid that were not due pursuant
to this Section 4.8.2, or La Pianta shall make any additional payment due, in either case within
thirty (30) days of the Accountant's decision.
4.8.3 Project Revenue /City Expenditures Protocols. Within thirty (30) days of
execution of this Agreement, the parties will meet and confer regarding the development of
accounting protocols for tracking Project revenue and City expenditures related to the Tukwila
South Project, as required under this Section 4.8. Within thirty (30) days of said meeting, the
parties shall retain the services of a mutually agreeable certified public accountant with expertise
in municipal accounting (the "Accountant With the assistance of the parties, the Accountant
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will develop protocols for tracking revenue and expenditures consistent with the terrus of this
Section 4.8. The protocols will be developed and will be reduced to writing in the form of a
memorandum of understanding signed by both parties within one hundred eighty (180) days of
the retention of the Accountant. Each party will share equally the cost for the Accountant's
services outlined in this section. In the event that the parties do not execute the memorandum of
understanding documenting the accounting protocols within one hundred eighty (180) days of
the retention of the Accountant, this Agreement shall teuuinate.
On or before March 31, 2010 and each March 31 thereafter, the City shall prepare
a statement "Annual Statement showing the O &M Revenue, O &M Expenses, O &M
Guarantee, the Increased Property Tax Revenues, the annual debt service for the General
Obligation Bonds, any Debt Service Shortfall, and the portion of any Debt Service Shortfall
which La Pianta has guaranteed under the terurs of this Agreement, consistent with the protocols
set forth in the memorandum of understanding. If La Pianta questions the City's determination
of any of the items set forth in the Annual Statement for the prior calendar year, La Pianta may
request an audit of the disputed matter from the Accountant who developed the protocols, or his
or her designee. Within thirty (30) days of La Pianta's request, the Accountant shall review the
Annual Statement and La Pianta's dispute therewith, and render a decision based on generally
accepted governmental accounting practices, the protocols, and the terms of this Agreement.
The Accountant's decision shall be final and binding on the parties, excepting manifest error by
the Accountant. The parties agree to cooperate in good faith with the Accountant concerning any
requests for information or documentation to resolve the issue. If there is a variance of 10% or
more between the Accountant's decision and the City's determination of revenue or
expenditures, the City shall pay the cost of the audit. If the variance is less than 10 La Pianta
shall pay the cost of the audit.
4.8.4 Security for La Pianta's Financial Guarantees.
4.8.4.1 O &M Guarantee.
4.8.4.1.1 O &M Collateral.
La Pianta's obligation under Section 4.8.1 (not to exceed 812,000,000) shall be
secured during the Term of this Agreement by collateral comprised of: (i) an irrevocable standby
letter of credit naming the City as beneficiary "O &M LC and (ii) a first -lien deed of trust on
Building No. 931 located in Segale Business Park, which is currently occupied by Qwest
Communications Corporation "O &M Deed of Trust If La Pianta fails to pay timely any
amount due under Section 4.8.1, the City may draw upon the O &M LC and/or foreclose on the
O &M Deed of Trust as provided in this Section 4.8.4.
4.8.4.1.2 O &M LC.
(a) The O &M LC shall be in the form, and meet
the requirements, set forth in Section 4.8.4.4 below. The O &M LC shall be in the sum of
86,000,000 and shall be delivered to the Escrow Agent following Boundary Review Board action
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on the annexation described in Section 4.1 but no later than 10 days before the date on which the
City Council is scheduled to take final action on the annexation at a public meeting. To the
extent La Pianta makes any payments to the City under the O &M Guarantee, then the amount of
the letter of credit shall be reduced by 50% of the total of such payments, and the credits set forth
in Section 4.4, except that the amount of the O &M LC shall not be less than $2,000,000 at any
time during the Term. The amount of the O &M LC shall be determined annually pursuant to the
foregoing upon renewal. If a longer term O &M LC is provided, the amount shall be recalculated
annually on the anniversary of the initial issuance date and may be adjusted at that time. If La
Pianta is not required to make any payments to the City under the O &M Guarantee, then at any
time, and from time to time, during the last five (5) years of the Term, the parties may agree to a
reasonable reduction in the amount of the O &M LC, taking into consideration the remaining
Term of this Agreement, the historical receipt of O &M Revenue by the City, the likely
obligation of La Pianta pursuant to the O &M Guarantee, the security provided under the O &M
Deed of Trust, and all other relevant factors.
(b) Failure of La Pianta to provide and maintain
the O &M LC at the time and in the amount required by this Section 4.8.4.1, where such failure
continues after written notice from the City specifying the nature of the default and 20 days'
opportunity to cure, shall entitle the City to accelerate that portion of the O &M Guarantee
obligation represented by the amount of the O &M LC, draw on the O &M LC, and deposit the
amount drawn "O &M Deposit into an escrow account with the Escrow Agent described in
Section 4.8.4.6 (the "Escrow Agent except that in the case of a failure to provide a
replacement of the O &M LC no later than 15 days prior to its stated expiration, no notice and
opportunity to cure shall be required prior to a City draw on the O &M LC. The City may
subsequently draw upon the O &M Deposit if La Pianta shall default on its obligations under the
O &M Guarantee. If the City shall draw on the O &M Deposit at any time during the Tenn of this
Agreement, La Pianta shall, within 30 days of notice by the City, restore the O &M Deposit to the
amount required at the time the O &M Deposit was established. Upon expiration of the Term,
any remaining funds held in the escrow account, including any remaining accrued interest, shall
be released to La Pianta. La Pianta's obligation to provide the O &M LC, and the City's remedy
for failure to provide the O &M LC, shall not be subject to the Dispute Resolution Process set
forth in Section 7 of this Agreement.
4.8.4.1.3 O &M Deed of Trust.
(a) The remaining 56,000,000 of La Pianta's
total potential liability under the O &M Guarantee shall be secured by the O &M Deed of Trust.
The O &M Deed of Trust shall be in the form attached to this Agreement as Exhibit 8 and shall
be delivered to the City at the same time that the O &M LC is delivered to the Escrow Agent. La
Pianta shall have the right, to substitute as security from time to time one or more deeds of trust
in the same or similar form on other real estate acceptable to the City in the exercise of
reasonable discretion, so long as the unencumbered value of the substituted collateral is equal to
or greater than $9,000,000 as shown by a current appraisal performed by a neutral appraiser
having no less than 10 years' experience appraising commercial property in the area in which the
real estate is located, with appraisal cost shared equally between the parties. Any permitted
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substitute deed of trust given under this Section 4.8 shall be delivered to the City in an escrow
arrangement (the cost of which shall be paid by La Pianta) that provides for delivery and
recording of the substitute deed of trust simultaneously with release of the original deed of trust.
Substituted collateral must be located in the State of Washington, shall have an appraised value
of nine million dollars ($9,000,000) or more, shall be income producing, shall be improved by
structures of a quality that is the same as or similar to the improvements existing on the land
encumbered by the initial deed of trust, and shall be of a character suitable as collateral for a
substantial commercial loan from a recognized commercial real estate lender. The City shall not
have the right to unreasonably reject proposed substitute collateral, and the characteristics listed
in the previous sentence will be relevant in determining reasonableness of a City rejection.
(b) In the event of a default that entitles the City
to foreclose on the O &M Deed of Trust, then the O &M Deed of Trust shall provide that there
shall be no default entitling the City to foreclose the O &M Deed of Trust until (1) La Pianta shall
have failed after notice and 20 days to cure to pay the sum(s) required under the terms of this
Agreement, (2) the City has drawn on the letter of credit (or cash deposit) securing the obligation
in default to the maximum amount of the letter of credit (or cash deposit) and has applied the
sum(s) so drawn to the obligation in default, and (3) there remains outstanding an additional sum
due under the terms of this Agreement for which the deed of trust has been granted as security.
4.8.4.2 Southcenter Parkway Project General Obligation Bonds Guarantee.
La Pianta's obligation pursuant to Section 4.8.2 of this Agreement to
guarantee a portion of the General Obligation Bonds (the "Bond Guarantee shall be secured
during the Teiiin of this Agreement by a separate irrevocable standby letter of credit naming the
City as beneficiary "SCPW LC The amount of the SCPW LC shall be determined annually
as of January 1 of each calendar year during the Term of this Agreement, and shall initially be in
the amount of $185,000, and, upon issuance of the General Obligation Bonds, shall be adjusted
to an amount equal to twice the average annual debt service on the Bonds for that portion of the
General Obligation Bonds that exceeds $6,000,000. The SCPW LC shall be delivered to the
Escrow Agent before the date on which the City awards the contract for construction of the
Southcenter Parkway Project. If La Pianta fails to pay timely any amount due under Section
4.8.2, the City may draw upon the letter of credit as provided in this Section 4.8.4.
Failure of La Pianta to provide and maintain the SCPW LC at the time and
in the amount required by this Section 4.8.4.2, where such failure continues after written notice
from the City specifying the nature of the default and 20 days' opportunity to cure, shall entitle
the City to accelerate that portion of the Bond Guarantee that is represented by the amount of the
SCPW LC, draw on the SCPW LC, and deposit the amount drawn "SCPW Deposit into an
escrow account with the Escrow Agent, except that in the case of a failure to provide a
replacement of the SCPW LC no later than 15 days prior to its stated expiration, no notice and
opportunity to cure shall be required prior to a City draw on the SCPW LC. The City may
subsequently draw upon the SCPW Deposit if La Pianta shall default on its obligation under the
Bond Guarantee. If the City shall draw on the SCPW Deposit at any time during the Term of
this Agreement, La Pianta shall, within 30 days of notice by the City, restore the SCPW Deposit
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to the amount required at the time the SCPW Deposit was established. Upon expiration of the
Term, any remaining funds held in the escrow account, including any remaining accrued interest,
shall be released to La Pianta. La Pianta's obligation to provide the SCPW LC, and the City's
remedy for failure to provide the SCPW LC, shall not be subject to the Dispute Resolution
Process set forth in Section 7 of this Agreement.
4.8.4.3 Other Secured Obligations.
For each of the remaining obligations of La Pianta under this Agreement
for which security is required specifically, (i) the letter of credit required pursuant to Section
4.3.4.1 in the amount of 110% of La Pianta's portion of the Highline Work (the Highline Work
LC (ii) the letter of credit required pursuant to Section 4.3.4.2 in the amount of 110% of the
City's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 74 (the "PSE
Work LC and (iii) the letter of credit required pursuant to Section 4.5.2 in the amount of
$500,000 (the "Bridge LC La Pianta shall provide to the City an irrevocable standby letter of
credit naming the City as beneficiary. The Highline Work LC and the PSE Work LC shall be
delivered to the Escrow Agent at the same time that the SCPW LC is delivered, which shall be
prior to the award of the construction contract for the Southcenter Parkway Project. The Bridge
LC shall be delivered to the Escrow Agent no later than thirty (30) days after the date the City
notifies La Pianta that the City will make application for a grant or grants for any cost of
constructing a pedestrian bridge across the Green River to connect Tukwila South to Briscoe
Park. Only upon La Pianta paying the amount due in fulfillment of an obligation secured by one
of the foregoing letters of credit, the City shall release the letter of credit for that obligation, and
La Pianta's obligation to provide that letter of credit shall terminate.
Failure of La Pianta to provide and maintain any letter of credit at the time
and in the amount required by this Section 4.8.4.3, where such failure continues after written
notice from the City specifying the nature of the default and 30 days' opportunity to cure, shall
constitute a default with respect to the obligation secured by that letter of credit "Secured
Obligation in Default except that in the case of a failure to provide a replacement letter of
credit no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall
be required prior to a City draw on the letter of credit for which no replacement has been
delivered. The default shall entitle the City to draw on the letter of credit securing the Secured
Obligation in Default, and deposit the amount drawn into an escrow account with the Escrow
Agent. The City may subsequently draw upon that deposit if La Pianta shall default in the
obligation so secured. Upon expiration of the Term or fulfillment of the obligation so secured
(whichever shall first occur), any remaining funds held in the escrow account, including any
remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide any
letter of credit under this Section 4.8.4.3, and the City's remedy for failure to provide a letter of
credit under this Section 4.8.4.3, shall not be subject to the Dispute Resolution Process set forth
in Section 7 of this Agreement.
4.8.4.4 General Terms and Conditions for the Letters of Credit.
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Each letter of credit provided under this Section 4.8.4 (including the O &M
LC, the SCPW LC and each letter of credit provided pursuant to Section 4.8.4.3) shall be in form
substantially similar to Exhibit 9. Each letter of credit shall be issued by Bank of America or, at
La Pianta's option, another financial institution having a branch in the State of Washington that
is reasonably acceptable to the City; provided, however, that the City shall not withhold its
consent to any institution having a long teliii debt rating of at least A from Standard and Poor's
Corporation, or at least Aa3 from Moody's Investors Service. Each letter of credit shall have at
least a one -year term (except that any initial letter of credit may have a shorter term so that when
all letters of credit have been issued they will expire simultaneously), and La Pianta shall provide
the City with a replacement letter of credit 15 days prior to the expiration of the respective letter
of credit, or within 90 days after the downgrade of an existing letter of credit below the long term
debt rating set forth above. Each letter of credit shall provide that it will be honored by
presentation or at sight at an office of the issuer upon presentation of a certificate signed by the
City stating that (i) La Pianta has defaulted on an obligation under this Agreement that is secured
by the letter of credit and (ii) the City is entitled to draw on the letter of credit. If any letter of
credit is drawn by the City because of La Pianta's failure to provided a replacement letter of
credit 15 days prior to the expiration of the existing letter of credit, or within 90 days after the
downgrade of an existing letter of credit below the long term debt rating set forth above (each
draw resulting in a "Deposit" pursuant to the tennis of this Section 4.8), then within five (5) after
delivery to the Escrow Agent of a replacement letter of credit that complies with the
requirements of this Section 4.8, the resulting Deposit shall be refunded to La Pianta except to
the extent (if any) that the City shall have drawn upon the Deposit pursuant to the teinis of this
Agreement.
4.8.4.5 Specific Remedy under Section 4.8.4.
The City shall have the right to specific perfonnnance of La Pianta's
obligations under this Section 4.8.4.
4.8.4.6 Escrow and Escrow Agent.
An escrow shall be established as set forth herein (the "Escrow The
Escrow Agent initially shall be The Bank of New York Mellon Trust, N.A. The Escrow Agent
shall hold funds as provided in Section 4.8.4.1.2 and in this Section 4.8.4.6, and various deeds
and easements as provided in this Agreement, pursuant to a written escrow agreement among the
Escrow Agent, La Pianta and the City to be agreed by the parties within one hundred twenty
(120) days after full execution of this Agreement. The Escrow Agent selected by the parties may
be replaced by another financial institution with trust powers that has a branch in Seattle,
Washington, selected by the City and approved by La Pianta (which approval shall not be
unreasonably withheld). The Escrow Agent shall hold each of the letters of credit on behalf of
the City and shall receive deposits of amounts and deliveries of documents as set forth in this
Agreement. Upon the direction of the City, the Escrow Agent shall present and make draws on
the letters of credit described in Section 4.8.4.1.1, Section 4.8.4.2 and Section 4.8.4.3. The
Escrow Agreement shall also provide that the Escrow Agent shall, with or without direction from
the City, draw the full amount of any letter of credit that is not replaced or extended on or before
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the date that is 15 days prior to the expiry date of that letter of credit. Upon any such
withdrawal, the Escrow Agent will hold the amount drawn as an O &M Deposit, an SCPW
Deposit or a deposit made pursuant to Section 4.8.4.3 and apply such amounts on deposit
consistent with this Agreement. If this Agreement is not tetnuinated following the Outside
Approval Date (as defined in Section 4.2 above), the Escrow Agent shall deliver all deeds and
easements in the Escrow to the City for recording, with the exception of the deed to the fire
station parcel pursuant to Section 4.6.2, which shall be delivered to the City at its request
following adoption of the ordinance vacating existing Frager Road. The parties shall share
equally the cost of the Escrow Agent for services performed pursuant to this Agreement.
4.9 Grading Permit Review. The City will complete review and issue a determination
regarding La Pianta's Clearing and Grading permit application for the Tukwila South Project
within 30 days of determining that such application is complete for areas outside of the shoreline
jurisdiction. For areas within the shoreline jurisdiction, La Pianta shall submit a Shoreline
Substantial Development Permit along with the Clearing and Grading Permit. The City will
promptly review the Shoreline Substantial Development Permit, and forward its decision to the
Department of Ecology for review. The City will complete review of the Clearing and Grading
permit application within thirty (30) days and issue a decision after the expiration of the
Department of Ecology's review period for the Shoreline Substantial Development permit. La
Pianta shall segregate the Clearing and Grading permit application into separate applications for
those portions of the Tukwila South Project inside and outside the 200 -foot shoreline
environment, respectively, and the City shall review and issue such separate permits
independently. These grading permit applications shall not operate to vest La Pianta to the SMP
or any Floodplain Regulations.
4.10 South 178 Street Proiect. The Administration of the City shall recommend to
the City Council that the realignment of South 178 Street, as depicted in the 90% construction
drawings, be added to the City's Capital Improvement Plan.
4.11 Vacation of Fraser Road /Southcenter Parkway and the City Triangular Parcel.
Pursuant to RCW 35.79.010, the City has by resolution initiated a vacation of (i) that portion of
Frager Road /Southcenter Parkway described in Exhibit 7, attached hereto, and (ii) the "City
Triangular Parcel," which is more particularly described in Exhibit 6 of this Agreement. The
City agrees that there will be no remaining public use or benefit to that portion of Frager
Road/Southcenter Parkway described in Exhibit 7 and the City Triangular Parcel, following
dedication of the Southcenter Parkway right -of -way as set forth in Section 4.3.2 above.
Therefore, the City shall, simultaneous with La Pianta's dedication of the Southcenter Parkway
right -of -way set forth in Section 4.3.2 above, vacate Frager Road/Southcenter Parkway and the
City Triangular Parcel at no cost to La Pianta and the other adjoining landowners, as applicable.
The conveyance of the property to La Pianta pursuant to the vacation will occur within thirty
(30) days after the completion of the Southcenter Parkway Project.
4.12 Transfer of the City Detention Pond. The City hereby deter mines that there is no
remaining public use or benefit to the following property and shall transfer to La Pianta, free and
clear of all encumbrances and for no additional consideration, in its as -is, where -is condition, the
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"City Detention Pond," which is more particularly described in Exhibit 6 of this Agreement.
Subject to the tennis set forth in Section 4.2.5, the City shall convey the City Detention Pond
within thirty (30) days of the completion of the annexation. The City shall undertake all
necessary actions required to declare said parcel surplus, and convey the parcel to La Pianta in
the manner required by law.
5. Development Under This Agreement.
The Tukwila South Project will be developed under the jurisdiction of the City pursuant
to the terms and conditions of this Agreement. This Agreement sets forth the development
standards, mitigation measures, and other conditions of development for the Project. Proper
operation and maintenance of surface water management systems, adequate sewer service
capacity, adequate public safety facilities and services, and adequate transportation facilities will
be fully satisfied through La Pianta's compliance with the requirements of this Agreement.
Provided La Pianta satisfies its obligations under this Agreement as such obligations may arise,
the City shall provide on a timely basis the necessary City public infrastructure specified in this
Agreement needed to support build -out of the Project, subject to the condition of securing the
necessary funds to construct such improvements and City Council approval for such
improvements.
5.1 Native Growth Protection Areas (NGPAI. No development shall be permitted to
occur in a Native Growth Protection Area except trails, the Orillia Road Connector and utilities,
including, but not limited to, electrical transmission lines, placement of which must be approved
by the City; water and sewer system lines; access roads for levy maintenance. Clearing
limitations within NGPA areas shall be those identified in the existing Tukwila Municipal Code,
subject to the provisions of this Section 5.1. Clearing and ground disturbing activities associated
with mitigation activities are permitted, with City permits. Once the Sensitive Areas Master Plan
is implemented and mitigation areas are enhanced, restored, or created, NGPAs shall be left
permanently in an undisturbed vegetated state and shall not be cleared or improved except as
necessary to (1) prune or remove dead or diseased trees, and vegetation reasonably adjacent to
developed areas of the Tukwila South Property, (2) remove invasive or exotic vegetation, (3)
prune or remove trees or other vegetation presenting a threat to life or safety or growing over
roadways, levees, drainage ditches, trails, or other corridors that must be kept clear, or (4)
maintain mitigation areas; or (5) permit the work expressly described in this Section 5.1. For the
purposes of this Agreement, the NGPAs on the Tukwila South Property are identified in Exhibit
3 attached hereto.
5.2 Vesting of Development Regulations. The proposed development as described in
this Agreement shall vest to the following development regulations in effect on the date of
execution of this Agreement (the "Development Regulations for the Ternr of this Agreement:
The Tukwila Comprehensive Plan (Ord No. 2070 adopted November 22, 2004, as
amended by Ordinance 2218 adopted December 15, 2008); the Tukwila Zoning
Ordinance (Title 18, TMC); the Tukwila Subdivision Ordinance (Title 17, TMC);
Shoreline Master Program designations and pre designations, transportation concurrency
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regulations; stonnwater, surface water treatment and quality, and surface water retention
and detention design standards and ordinances (including the requirement of the NPDES
permit effective February 2007); SEPA regulations and substantive SEPA policies.
Development of the Property shall not be subject, during the Tern of this Agreement, to
any amendments to, or replacements of, the Development Regulations listed above. These are
rights vested under state law for purposes of RCW 36.70A.300 (3)(a). In accordance with
Section 3.5 above, La Pianta will comply with the provisions of the SMP and the Floodplain
Regulations in effect on the date of each complete development permit application.
5.2.1 Police Power/Pre emotion. Nothing herein relieves La Pianta of any
obligations it may have during the Tenn to comply with state or federal laws or regulations of
any kind, including but not limited to those related to stouii, surface water and floodplain
management. The proposed development shall not be vested against the application of
development standards that are imposed by virtue of state or federal pre emption of the City's
regulatory authority. As provided by RCW 36.70B.170(4), the proposed development shall not
vest against new development regulations to the extent the new regulations are required by a
serious threat to public health and safety.
5.2.2 International Codes. The International Building Code, International Fire
Code, and other construction codes in effect in the State of Washington as of the date of the
filing of a complete application for a building peitnit shall apply to all new development and the
redevelopment or modification of existing development.
5.2.3 Scope of Vesting. The vesting described herein shall apply for fifteen (15)
years from the effective date of the annexation provided in Section 4.1 (the "Term" of the
Agreement). For those development standards not specifically enumerated in this section or in
Section 5.2.1, the Land Use Process approvals shall be governed by the City codes and standards
in effect upon the date of complete application.
5.2.4 FEMA. La Pianta is obligated to comply with applicable FEMA National
Flood Insurance Program regulations that are in effect at the date of any building, grading or
clearing pennit application.
5.2.5 Optional Regulations. During the Teen of this Agreement, La Pianta may
at its option develop the Property or portions thereof in accordance with new code provisions or
generally applicable standards for that subject adopted after the date of execution of this
Agreement, without the obligation to bring other portions of the Property into conformance with
newly- adopted codes or regulations.
5.3 Transportation.
5.3.1 Concurrencv Approval. Pursuant to TMC 9.48 and TMC 21.04, the City
has determined that the Tukwila South Project, up to the Trip Ceiling (hereinafter defined),
meets the City's standards for transportation concurrency approval and mitigates significant
adverse impacts to the City's transportation system; provided that the Tukwila South Project
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must be developed in compliance with the terms of this Agreement, including compliance with
requirements that La Pianta pay transportation impact fees applicable at the time of building
permit issuance.
5.3.2 Trip Ceilinm for Tukwila South Proiect. New development within the
Tukwila South Project under this Agreement is limited to new development generating net new
p.m. peak hour vehicle trips (inbound and outbound) "Net New Trips not exceeding the Trip
Ceiling. New development within the project exceeding the Trip Ceiling shall be subject to
mitigation and concurrency requirements applicable at the time of application. The number of
Net New Trips for the Project for which full mitigation and concurrency approval is established
under this Agreement (the "Trip Ceiling shall be 10,166 Net New Trips from new
development, comprising not more than 2,646 Net New Trips inbound to the Project and not
more than 7,520 Net New Trips outbound from the Project. The methodology for determining
Net New Trips for any phase of the Tukwila South Project (including assumed values for trip
generation and percentages for trip reductions) shall be as set forth in the Transportation Impact
Study incorporated in the Tukwila South EIS for the Tukwila South Project. Trip counts shall be
estimated at the perimeter of the Project site; trips internal to the Project shall not count against
the Trip Ceiling. Transportation impact fees shall apply only to the Net New Trips allocated to
the proposed new development. Subject to the provisions of this Agreement, these 10,166 Net
New Trips shall be reserved by the City for use by La Pianta hereunder for the Tenn of this
Agreement. If La Pianta is in compliance with the requirements of this Section, La Pianta will
only be required to produce a trip generation study for each development project in order to
identify the associated Net New Trips for that project.
(a) Construction of Orillia Road Connector. La Pianta shall construct
at its own expense a new 4 -lane arterial connector between Orillia Road S. and Southcenter
Parkway Extension "Orillia Road Connector La Pianta shall complete construction of the
Orillia Road Connector within 6 years of the time 7500 Net New PM-Trips are generated by the
Project (the Ori llia Road Completion Date After the Orillia Road Completion Date, no Net
New Trips from the remainder of the Trip Ceiling may be used by La Pianta until this
improvement is completed and accepted by the City. La Pianta shall, at its own cost, obtain all
state, federal, and local permits and approvals required for the Orillia Road Connector. Subject
to applicable laws and ordinances and the terns and conditions of this Development Agreement,
the City agrees to cooperate with La Pianta in obtaining such permits and approvals. The Orillia
Road Connector will consist of four lanes. A diagram of the Orillia Road improvement is
attached hereto as Exhibit 10.
(b) If the Orillia Road Connection, required hereunder cannot be
constructed within the time frame set out herein for reasons outside the control of La Pianta, then
if La Pianta desires to continue with new development absent the construction of either of this
improvement, La Pianta may, as an alternative to construction of the Orillia Road Connector (i)
reduce or defer the amount of development proposed in the Project; (ii) implement
Transportation Demand Management (TDM) strategies and/or (iii) construct other transportation
system improvements "Alternative Mitigation The City shall approve such Alternative
Mitigation if, with such Alternative Mitigation in place, the Project passes a test under the City's
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transportation concurrency requirements, applying the requirements of TMC 9.48 and the City's
traffic concurrency ordinance. Provided that under no circumstance can the cap of 10.3 million
square feet of new building floor area (as that term is defined in Section 3.1) be exceeded by
implementing TDM strategies or Alternative Mitigation measures.
5.3.3 Credit for Existing Trios. As described in the Tukwila South EIS, the
existing development on the Project site generates a total of 1,241 p.m. peak hour vehicle trips
(298 trips inbound and 943 trips outbound) "Existing Development Trips Existing
Development Trips shall not count against the Trip Ceiling, and are not subject to impact fees
hereunder. Existing Development Trips may be used as a credit against trip generation from new
development to the extent existing uses are peiuianently discontinued and/or existing structures
are removed "Credit Trips The existing development and Existing Development Trips are set
forth in Exhibit 11. La Pianta may allocate available Credit Trips to the proposed new individual
development, as development occurs.
5.3.4 No Additional Transportation Concurrencv or SEPA Review Reouired.
Since the City has deteimined compliance with the mitigation requirements identified in this
Agreement satisfies transportation concurrency and substantive SEPA requirements for the
Tukwila South Project, no additional SEPA review or transportation concurrency review shall be
required for development that is within the Trip Ceiling for the Term of this Agreement, except
additional SEPA review may occur as set forth in Section 6.2 below.
5.4 Stormwater Regulation.
5.4.1 Description of Surface Water Control Facilities. The surface water control
facilities for the Project shall include:
5.4.1.1 Parcel storm drains. Parcel stoliu drains will provide collection
and conveyance of runoff from individual development parcels to a primary trunk storm drain
within Southcenter Parkway from S. 180 Street to S. 200 Street (the "Trunk Storm Drain
5.4.1.2 Trunk storm drain. The Trunk Storm Drain will drain into two
detention/water quality facilities the North Basin "North Facility and the South Basin
"South Facility and are more particularly described in Section 5.4.1.3. The North Basin will
outflow into the S. 180 Street Pump station, which will route stogy iwater either to the Green
River or into the P -17 Drainage Basin. The South Basin will outflow into the Green River.
Emergency overflow of the South Basin will be discharged to Johnson Creek.
5.4.1.3 Water quality treatment and detention facilities. The stormwater
control system includes two major water quality treatment and runoff control facilities (one each
in the north and south portions of the site). Each facility shall be constructed as a combined
water quality /detention ponds and sized to meet the water quality treatment and runoff control
requirements for the area being served, including the Expansion Areas.
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The South Facility shall provide at least Level 1 flow control as defined in
the 2005 King County SWDM. The North Facility shall control the peak flow magnitude of
runoff to at or below 75% of the designed pumping capacity of the S. 180`" Street Pump Station.
Both the North and South Facilities will be open ponds, and a preliminary design of the facilities
are set forth in the Tukwila South EIS. The water quality /detention facilities will operate to
provide the required level of downstream peak flow control. The detention facilities will include
a dead storage component for water quality and a live storage component representing the
required detention volumes. The site development phasing may include phased construction of
detention and water quality facilities or the use of temporary facilities for the early site
development. Temporary use of the South Facility may also be used for site development within
the North Basin, provided that such use does not exceed the capacity of the South Facility.
5.4.2 Stoiiuwater Standards. This Section specifies the surface water
management standards applicable to the Tukwila South Project during the Ternr of the
Agreement, including the existing Segale Business Park and the proposed Expansion Areas.
5.4.2.1 Vested Desi n Standards for Surface Water Control Facilities.
City of Tukwila Development Guidelines and Design and Construction Standards (Second
Edition, Revision 1, 2005) and the 1998 King County SWDM provide the approved methods for
the analysis and design of the surface water management components for the Project during the
Tenn of this Agreement, except for the South Facility where conservation flow control is
required under the 2005 King County SWDM, and except for those modifications listed in Table
1 (the "Stonnwater Standards Where not otherwise specified, design standards of the 1998
King County SWDM will apply. The Stoiniwater Standards supersede any other applicable
TMC, SWDM, and basin/water quality plan requirements during the Term of this Agreement.
The Stormwater Standards include the Code Modifications specified in Table 1. Furthermore,
some adjustments in the natural location of discharge (including minor inter subbasin diversions
of runoff) will be permitted as a result of changes in development area drainage collection,
detention, treatment, and outfall locations. Other adjustments from the applicable SWDM,
design standards or other applicable surface water management regulations may be requested
during the site plan review process and evaluated in accordance with the criteria in TMC
18.41D.090. Nothing herein shall relieve La Pianta from any obligation to comply with
applicable state and federal storrnwater regulations currently in effect or adopted in the future.
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05 2° 9906 -08 -09
TABLE 1. Code Modifications
SWDM Manual SWDM Manual /TMC Code Modifications Rationale
Section TMC Reference Text
SWDM Core Discharge at the Natural During development, minor Other minor on -site sub -basin routing
Requirement #1 Location changes to natural drainage shed through detention ponds and
All surface and storm water boundaries and tributary areas are discharges to on -site wetlands etc.
runoff from a proposed inevitable due to grading of are not formal variances from core
project that proposes to roadways etc. requirement #1 but shall be reviewed
construct new, or modify Interpretation that existing during the preliminary plat technical
existing drainage facilities discharge points to the Green review or the detailed engineering
must be discharged at the River do not constitute separate drainage review.
natural location so as not to "natural" discharge points The existing discharge points are
be diverted onto, or away man installed culverts through the
from, the adjacent levee system. The Green River is a
downstream property..." "managed" flow system and is a
direct receiving water above and
below the project site. Proposed
future discharge points from post
developed basins will not pose an
adverse impact to the River.
SWDM Core Flow Control The Manual prescribed Level 1 All runoff from the North Basin drains
Requirement #3 Level 1 flow control identified flow control is not proposed for the to City stormwater pump stations.
for the Site area of Tukwila North Basin runoff. The control of runoff and stormwater
South detention design is geared to the
capacity of these existing pump
stations. This is not specifically listed
in the Manual as an allowed
exemption.
SWDM Core Basic Water Quality Treatment Sizing methods utilizing the HSPF Would best meet the intent of the
Requirement #8 Design model from the project Master design standard by utilizing
Water quality design flow per Drainage Plan continuous simulation and historic
KCSWDM Sec. 6.2.1 data.
TMC 14.30 TMC 14.30.070 Standards All facilities would be in To allow for maximum flexibility of the
Storm Water requires that all activities be accordance with the 1998 King site, and acknowledging the site
Management undertaken in accordance with County Surface Water Design design particulars, adequate water
the 1998 King County Surface Manual, unless site constraints or quality and detention will be provided,
Water Design Manual other provisions such as LID but may vary from Manual design
require variation to design specifics.
specifics.
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5.4.2.2 Grading Ordinance Design Standard Modifications. The
following exceptions from Grading Ordinance No. 2062 shall apply to the Project during
the Tenn of this Agreement:
a. A significant tree survey and tree replacement plan are not required.
b. Slope grading Slope stability and slope grading limitations shall be
evaluated within site development areas based on geotechnical evaluation
and applicable codes.
c. A vegetative restoration plan is not required except for the wetland
mitigation portions of the NGPAs.
d. Project notification and permanent NGPA signs are required.
e. Points of drainage discharge are not limited to the nearest practicable
drainageway Required methods of managing natural discharge from
springs, streams, or other natural sources are to be defined in the approved
Master Stormwater Infrastructure Plan (hereinafter defined).
f. Proposed modifications to surface water management provisions are
governed by TMC 18.41D.090.
g. Any construction activities, including site grading and building, during wet
or dry seasons shall be allowed provided such activities meet with the
stormwater quality requirements set forth in the NPDES Pelniit.
5.4.2.3 Impervious Area Limitations. In the "Development Area
up to 85% of the developable area served by each stoiniwater facility may be covered
with impervious surfaces, unless otherwise altered with City approval in the design
phase. Expansion Areas described in Section 3.4 of the Development Agreement are
included in the impervious area calculations. The sizing of surface water control
facilities may be adjusted to reflect actual land use impervious areas in final design as
indicated in the final approved Master Stonnwater Infrastructure Plan.
5.4.2.4 TESCP and NPDES Reauirements for all Construction.
Temporary Erosion and Sedimentation Control Plans "TESCPs will use SWDM Best
Management Practices "BMPs to minimize the extent of soils disturbance in contact
with surface runoff during construction, and to maximize disturbed soil
stabilization/cover practices to reduce erosion potential. This will apply to both dry and
wet season construction. The TESCPs will be developed to comply with Core
Requirement No. 5 and Appendix D of the SWDM, and Department of Ecology
requirements as identified in the NPDES Permit. The TESCPs will be implemented in
Project grading permits, which shall be submitted for City review and approval. Multiple
TESCPs will be required to accommodate the phasing of site development. La Pianta
shall comply with all project inspection requirements concerning surface water TESC
plans that are set forth in the NPDES Peuiuit.
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5.4.3 Storniwater Infrastructure Development.
5.4.3.1 La Pianta Obligations. La Pianta shall implement the
following stouuwater mitigation conditions at its sole expense, in accordance with the
timing requirements set forth below:
Mitigation Measures Timing
1. A temporary stouuwater treatment During the first construction season.
system shall be installed per the
requirements of the 1998 King County
SWDM during the first construction season.
Prior to its completion, all stouuwater from
construction or cleared areas shall be
retained on site.
2. Install a long -tezru construction Constructed and operational prior to the
stolniwater polymer treatment system. start of any discharges from the site.
3. Construct the elevation of the separating During the first construction season and
berm between the Green River and the prior to first wet season construction
Green River Off Channel Habitat Area activities.
excavation to prevent Green River inflow to
the excavation during the high flow season.
4. Install a sediment curtain or similar Installation before breaching the berm
measures to minimize sediment release to adjacent to the off channel habitat
the Green River when the separating beam restoration project, during a time window
between the Green River Off Channel defined in the Hydraulic Project Approval
Habitat Area and the river is removed. (HPA) for the project.
5. Prepare and implement the SAMP Approval of SAMP plan by the
wetland mitigation plan to compensate for Department of Community Development
the filling of low -value wetlands. Director prior to the start of site mass
grading during the first construction
season; wetland mitigation construction
will start the first year of construction and
be complete during the third year of
construction.
6. Prepare and implement a fisheries Approval of the SAMP plan by the
mitigation plan pursuant to the SAMP. Department of Community Development
Director prior to the start of site mass
grading during the first construction
season; mitigation construction will start
the first year of construction and be
complete during the third year of
construction.
7. Construct a temporary North Facility and I Approval of the temporary North and
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05 28 0906 -08 -09
the South Facility as part of the peinuanent permanent South Facilities plans shall
stormwater management system. occur prior to the start of site grading
during the first construction season.
8. Prepare a Master Stolinwater Approval shall be obtained prior to start of
Infrastructure Drainage Plan. utility worksite grading.
5.4.3.2 City Obligations. During construction of the Southcenter
Parkway Project, the City shall install stormwater conveyance infrastructure, including
the Trunk Stoini Drain, within Southcenter Parkway to connect to the North Facility and
the South Facility.
5.4.4 Master Stoiniwater Infrastructure Plan. Master Stormwater
Infrastructure Plan. La Pianta shall prepare and submit as part of the Tukwila South
Project's application for a Clearing and Grading Permit, a Master Stounwater
Infrastructure Plan for Tukwila South. The plan shall substantially comply with all the
criteria of Section 5.4 of this Agreement including this Section 5.4.4, and be consistent
with the Stoiniwater Standards of this Agreement and shall address the Tukwila South
Project's compliance with the eight core requirements and five special requirements
specified in Section 1.1.2.4 of the 1998 King County Surface Water Design Manual
Large Site Drainage Review. The City shall review the Stoiuuwater Infrastructure Plan
and may require changes if necessary to ensure overall compliance. Issuance of the
Clearing and Grading Permit shall be governed by Section 4.9 herein, and approval of a
final Master Stounwater Infrastructure Plan shall not be required prior to issuance of the
Clearing and Grading Peuuit.
5.4.5 Monitoring. Monitoring shall be perfoimed as required under the
401 Certification and the NPDES peuuit for construction discharge issued and
administered by the Washington Department of Ecology, and for Total Suspended Solids
"TSS as shown in Table 2.
TABLE 2
NORTH AND SOUTH FACILITIES
TOTAL SUSPENDED SOLIDS (TSS) MONITORING PLAN
Plan Element 1 Implementation Comments
Objective Report Facility water quality performance to the City as estimated by
TSS monitoring (used as performance measure in the 1998 SWDM).
Monitoring Upon 70% buildout in the Begin monitoring when there is
Start for Each catchment served by each Facility sufficient buildout to generate
Facility TSS, but not while active
construction influence persists
(construction discharge to be
monitored under NPDES permit
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Plan Element Implementation 1 Comments
requirements).
Monitoring o Five times per year Collect samples under a range
Frequency o During stomis exceeding of conditions through the year,
inch of rain in 24 hours but concentrating on the wetter
o Four times during Oct 1 season when the majority of
through March 30 (wetter discharge volume will occur.
season)
o One time during May 1 through
Sept 30 (drier season)
Monitoring Three consecutive years per
Duration Facility
Monitoring Grab samples at Facility outlet Samples analyzed at a
Method during active rainfall Washington Certified analytical
laboratory
Criterion TSS (cumulative average during The 1998 King County
the monitoring for each Facility) SWDM's treatment goal is to
shall be lower than 20 mg/L remove 80% of TSS for flows
or volumes up to and including
the WW design flow or volume.
Flows and volumes in excess of
the WQ design flow or volume
can be routed around the WQ
facility or can be passed
through untreated. The
monitoring plan assumes that
the inflow WQ will between 30
to 100 mg/L TSS and therefore
proposes a criterion of 20 mg/L
(80% removal of the upper
estimate).
Reporting Once annually to the City Within 60 days of last wet
season result from the analytical
laboratory.
Response to The water quality perfoimance data shall be provided to the City for
Data its use in making future decisions on stormwater management. If the
data indicates that the North and South Facilities are not functioning
properly due to improper construction or lack of required
maintenance by La Pianta, then La Pianta shall remedy such
condition promptly at its expense.
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6. SEPA Compliance.
6.1 Prior SEPA Documents. Development within the Project areas as
contemplated in this Agreement has been addressed and analyzed in prior environmental
documents, including but not limited to environmental impact documents prepared for
Tukwila's Comprehensive Plan and the Tukwila South environmental impact statement
(collectively, the "SEPA Documents The SEPA documents shall constitute
compliance to the fullest extent possible under SEPA for all Implementing Approvals.
For purposes of this Agreement, an "Implementing Approval" means a land use approval
or permit subsequent to the execution of this Agreement which implements or otherwise
is consistent with this Agreement, including but not limited to plats, short plats, binding
site plans, site development peuuits, grading and building peiniits and utility permits.
Subject to the provisions of this Section, no further SEPA review is required, and no
additional substantive SEPA mitigation measures are required beyond those set forth in
this Agreement.
6.2 Further SEPA Review Limited. Except as set forth herein, no further
SEPA review shall be required for the Project. The City may require additional SEPA
review based only the following conditions:
(a) An Implementing Approval or requested modification materially
exceeds the Project Envelope (hereinafter defined) and governing
Development Regulations; or
(b) The City concludes (pursuant to SEPA, SEPA Rules, and City
SEPA regulations) that substantial changes have been made to the
Tukwila South Project so that, as mitigated, it is likely to have
significant adverse impacts not previously analyzed in a SEPA
environmental document, and which impacts cannot be mitigated
below a level of significance by applicable local, state or federal
regulations; or
(c) The City concludes (pursuant to SEPA, SEPA Rules, and City
SEPA regulations) that there is new infoimation indicating
probable significant adverse environmental impacts of the Tukwila
South Project not previously analyzed in a SEPA environmental
document which cannot be mitigated below a level of significance
by applicable local, state or federal regulations.
For purposes of this Agreement, "Project Envelope" means the level and
range of development (including maximum structure height, floor area, bulk and use)
analyzed within one of the alternatives reviewed in the Tukwila South EIS and any
subsequent addenda or SEPA Documents which may be issued by the City. The Project
Envelope includes all of the physical aspects of a general development plan, individual
project, or other on -site or off -site physical improvements as disclosed and analyzed in
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05 28 0906 -08 -09
the Tukwila South EIS. As used herein, "materially exceeds" means the proposal, as
mitigated, is likely to have significant adverse impacts not previously analyzed in the
SEPA Documents or any other SEPA environmental document prepared for property
within the Tukwila South Project area and which impacts cannot be mitigated below a
level of significance by applicable local, state or federal regulations.
6.3 Written Notice. If the City determines at any time during the Term that it
intends to require additional SEPA review for any Implementing Approval, the City shall
give La Pianta written notice thereof and provide La Pianta an opportunity to modify the
Implementing Approval application so as to render such additional SEPA review
unnecessary.
7. Dispute Resolution Process.
7.1 The parties shall use their best efforts to resolve disputes arising out of or
related to this Agreement using good faith negotiations by engaging in the following
dispute escalation process should any such disputes arise:
(a) Level One La Pianta's project manager and a City staff member
appropriate to the nature of the dispute (selected from among the
City's Deputy Director of DCD, Building Official, Fire Marshall or
City Engineer, or a designee of any of the foregoing identified by the
Administration)) shall meet to discuss and attempt to resolve the
dispute in a timely manner. If they cannot resolve the dispute within
fourteen (14) calendar days after referral of that dispute to Level One,
either party may refer the dispute to Level Two.
(b) Level Two La Pianta's principal and the City's Community
Development Director or Public Works Director (or a designee of
either of the foregoing identified by the Administration) shall meet to
discuss and attempt to resolve the dispute, in a timely manner. If they
cannot resolve the dispute within fourteen (14) business days after
referral of that dispute to Level Two, either party may refer the dispute
to Level Three.
(c) Level Three La Pianta's principal (or designee) and the Mayor and
the City Administrator (or the City Administrator's designee) shall
meet to discuss and attempt to resolve the dispute in a timely manner.
Counsel for the parties shall be permitted to attend Level Three
meetings.
7.2 Except as otherwise specified in this Agreement, in the event the dispute is
not resolved at Level Three within fourteen (14) calendar days after referral of that
dispute to Level Three, either party may refer the dispute to binding arbitration, as set
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C 28 9906 -08 -09
forth herein. At all times prior to resolution of the dispute, the parties shall continue to
perfornn and make any required payments under this Agreement in the same manner and
under the same Willis as existed prior to the dispute.
7.3 In the event that a dispute is referred to binding arbitration, the parties
agree to the following procedure:
(a) Binding arbitration between the parties pursuant to this Section shall
be governed by the rules and procedures set forth in this Section.
(b) Within seven (7) calendar days of the date the dispute is referred to
binding arbitration, each party shall provide the other party with the
names of three neutral arbitrators having significant experience in the
subject matter of the dispute and in arbitrating disputes. The parties
will thereafter attempt in good faith to select an arbitrator from this
panel of six candidates.
(c) If the parties to the dispute are unable to agree upon a single arbitrator
within twenty -eight (28) calendar days of the date the dispute is
referred to binding arbitration, then each party shall designate one
arbitrator from its panel of three, the two arbitrators selected in that
manner will choose a third arbitrator from among the remaining panel
members, and this third arbitrator so selected would act as the single
arbitrator for the dispute.
(d) Upon selection of the arbitrator, said arbitrator shall determine the
question(s) raised within fourteen (14) calendar days, unless a different
period of time is otherwise agreed upon by the parties in writing,
provided that issues of arbitrability may not be decided by the
arbitrator. Said arbitrator shall then give both parties reasonable notice
of the time (which time shall be within thirty (30) calendar days of the
arbitrator's determination of the questions raised, unless a different
period of time is otherwise agreed upon by the parties), and place of
hearing evidence and argument; take such evidence as the arbitrator
deems relevant, with witnesses required to be sworn; and hear
arguments of counsel or others.
(e) After consideration of all evidence, testimony and arguments, said
single arbitrator shall, within thirty (30) days of completion of the
hearing, promptly state such decision or award in writing. Said
decision or award shall be final, binding, and conclusive on all parties
to the arbitration when delivered to them, except as provided in
Subsection 7.3(h). Until the arbitrator issues the first decision or
award upon any question submitted for the arbitration, perfoiniance
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05 2 0906 -08 -09
under the Agreement shall continue in the manner and foini existing
prior to the rise of such question. After delivery of said first decision
or award, each party shall forthwith comply with said first decision or
award immediately after receiving it.
(f) La Pianta and the City shall share equally the compensation, costs, and
expenses of the arbitrators, but each shall be responsible for their own
fees and expenses of its own witnesses, exhibits, and counsel. La
Pianta and the City shall pay the compensation, costs and expenses of
the single arbitrator or the additional arbitrator in the board of
arbitrators in equal shares.
(g) The arbitrator shall have the authority to enter awards of equitable
remedies consistent with the obligations of the City and La Pianta
under this Agreement.
(h) The arbitrator shall not have the authority to enter any award, the
satisfaction of which by the party to be bound, would be impermissible
under any law, regulation, or funding agreement to which the bound
party is subject. The determination of any such impeiniissibility shall
be made by a court of competent jurisdiction within the State of
Washington and under the laws of the State of Washington. Any such
determination shall be appealable.
7.4 This dispute resolution process will not apply to the following disputes: (i)
disputes regarding the accounting of Project revenues and City expenditures; and (ii)
disputes concerning the letters of credit. Any disputes regarding revenues /expenditures
must utilize the dispute resolution process outlined in Section 4.8.3. Issues of
arbitrability of a dispute shall be determined by the Presiding Judge, King County
Superior Court.
7.5 Nothing in this Section 7 shall preclude either party from seeking
injunctive or equitable relief prior to the initiation or completion of this dispute resolution
process.
8. Modifications to Agreement. This Agreement contains all terms, conditions and
provisions agreed upon by the parties hereto, and shall not be modified except by written
amendment executed by both parties. Amendments to this Agreement that materially
modify the intent and policy of the Agreement must be approved by the City Council.
Other amendments may be approved by the City Mayor.
9. General Provisions.
9.1 Governing Law. This Agreement shall be governed by and interpreted in
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C 23 2906 -08 -09
accordance with the laws of the State of Washington.
9.2 Recording. This Agreement or a memorandum thereof shall be recorded
against the Tukwila South Property as a covenant running with the land and shall be
binding on La Pianta, its heirs, successors and assigns until this Agreement expires on its
own terms pursuant to Section 5.2.3.
9.3 Agreement Binding on Successors: Respective Obligations of La Pianta
and Parcel Builders. This Agreement shall be binding upon and shall inure to the benefit
of the heirs, successors and assigns of La Pianta, and upon the City, except as limited and
conditioned in this Agreement. La Pianta's general duties and obligations under this
Agreement for the Tukwila South Project are not intended to be delegated to Parcel
Builders unless a particular duty or obligation, specifically and directly related to the
Development Parcel in question, is expressly imposed by the City as a teiiii or condition
of an Implementing Approval for that Parcel.
9.4 ParcelBuilders' Obligations: Notice to City re Parcel Builder: Declaration
of Covenants for Tukwila South Proiect. The parties acknowledge that development of
the Tukwila South Project may involve transfer of undeveloped or partially developed
development parcels in the Tukwila South Property or the Expansion Areas, each a
"Development Parcel," to one or more Parcel Builders. Those Parcel Builders will in
turn own, develop and /or occupy portions of the Tukwila South Property and buildings
thereon as part of the Tukwila South Project. Parcel Builders shall be obligated with
respect to all conditions of Implementing Approvals applicable to their respective
Development Parcels, unless such an obligation is specifically identified in this
Agreement or in the Implementing Approval as that of La Pianta. For purposes of this
Agreement, a "Parcel Builder" shall mean an owner or lessee of all or a portion of the
Development Area authorized for development pursuant to this Agreement, or a
successor or assign of an owner or lessee, who develops and/or occupies portions of the
Tukwila South Property or an Expansion Area, or develops and/or occupies buildings
thereon as part of the Tukwila South Project, provided however, that building tenants
shall be excluded from this definition.
9.5 Interpretation: Severability.
9.5.1 Interpretation. The parties intend this Agreement to be interpreted
to the full extent authorized by law as an exercise of the City's authority to enter into
development agreements pursuant to RCW 36.70B.170 et seq., and this Agreement shall
be construed to exclude from the scope of this Agreement and to reserve to the City, only
that police power authority which is prohibited by law from being subject to a mutual
agreement with consideration. If a Tukwila South Development Standard conflicts with
an otherwise applicable provision of the Tukwila Municipal Code, the Tukwila South
Development Standard shall control.
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9.5.2 Severability. If any provisions of this Agreement are determined
to be unenforceable or invalid in a final decree or judgment by a court of law, then the
remainder of this Agreement not decreed or adjudged unenforceable or invalid shall
remain unaffected and in full force and effect. In that event, this Agreement shall
thereafter be modified, as provided immediately hereafter, to implement the intent of the
parties to the maximum extent allowable under law. The parties shall diligently seek to
agree to modify the Agreement consistent with the final court determination, and no party
shall undertake any actions inconsistent with the intent of this Agreement until the
modification to this Agreement has been completed. If the parties do not mutually agree
to modifications within forty -five (45) days after the final court determination, then either
party may initiate the arbitration process under Section 7 for deteuiiination of the
modifications that will implement the intent of this Agreement and the final court
decision.
9.6 Authority. Each party respectively represents and warrants that it has the
power and authority, and is duly authorized, to enter into this Agreement on the teinis
and conditions herein stated, and to deliver and perfolin its obligations under this
Agreement.
9.7 Exhibits and Appendices Incorporated. Exhibits 1 through 11 are
incorporated herein by this reference as if fully set forth.
9.8 Headings. The headings in this Agreement are inserted for reference only
and shall not be construed to expand, limit or otherwise modify the tennis and conditions
of this Agreement.
9.9 Time of the Essence. Time is of the essence of this Agreement and of
every provision hereof. Unless otherwise set forth in this Agreement, the reference to
"days" shall mean calendar days. If any time for action occurs on a weekend or legal
holiday in the State of Washington, then the time period shall be extended automatically
to the next business day.
9.10 Entire Agreement. This Agreement represents the entire agreement of the
parties with respect to the subject matter hereof. There are no other agreements, oral or
written, except as expressly set forth herein and this Agreement supersedes all previous
agreements, oral or written.
9.11 Default and Remedies.
9.11.1 Cures Taking, More Than Thirty Days. Except as expressly
provided otherwise in this Agreement, no party shall be in default under this Agreement
unless it has failed to perfoini as required under this Agreement for a period of thirty (30)
days after written notice of default from any other party. Each notice of default shall
specify the nature of the alleged default and the manner in which the default may be
cured satisfactorily. If the nature of the alleged default is such that it cannot be
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05 23 0906 -08 -09
reasonably cured within the thirty (30) day period, then commencement of the cure
within such time period and the diligent prosecution to completion of the cure shall be
deemed a cure.
9.11.2 Rights of Non Defaulting Party. A party not in default under this
Agreement shall have all rights and remedies provided by law or equity, including
without limitation damages, specific performance, or writs to compel performance or
require action consistent with this Agreement.
9.11.3 Attorneys' Fees. In any action to enforce or determine a party's
rights under this Agreement, the prevailing party shall be entitled to attorney's fees and
costs.
9.12 Relief Against Defaulting Party or Portion of Tukwila South Property. In
recognition of the anticipated transfers by La Pianta of parcels of the Tukwila South
Property to Parcel Builders, remedies under this Agreement shall be tailored to the
Tukwila South Property or parties as provided below.
9.12.1 Relief Limited to Affected Development Parcel. Any claimed
default shall relate as specifically as possible to the portion or Development Parcel of the
Tukwila South Property involved, and any remedy against any party shall be limited to
the extent possible to the owners of such portion or Development Parcel of the Tukwila
South Property.
9.12.2 Relief Limited to Affected Owner. To the extent possible, the City
shall seek only those remedies that do not adversely affect the rights, duties or obligations
of any other nondefaulting owner of portions of the Tukwila South Property under this
Agreement, and shall seek to utilize the severability provisions set forth in this
Agreement.
9.13 Term. The Term of this Agreement shall be as set forth in Section 5.2.3
above. Until such time as the City revises the comprehensive plan or development
regulations which apply to Tukwila South during the Tei of this Agreement, the goals
of the comprehensive plan and the development regulations to which the project vests
will continue to apply to the Tukwila South Property following the expiration of this
Agreement.
9.14 No Third -Party Beneficiary. This Agreement is made and entered into for
the sole protection and benefit of the parties hereto and their successors and assigns. No
other person shall have any right of action based upon any provision of this Agreement.
Parcel Builders in Tukwila South shall be deemed to be successors under this provision.
9.15 Interpretation. This Agreement has been reviewed and revised by legal
counsel for both parties, and no presumption or rule construing ambiguity against the
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05 28 0906 -08 -09
drafter of the document shall apply to the interpretation or enforcement of this
Agreement.
9.16 Notice. All communications, notices, and demands of any kind that a
party under this Agreement requires or desires to give to any other party shall be in
writing and either (i) delivered personally, (ii) sent by facsimile transmission with an
additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail
postage prepaid, return receipt requested, and addressed as follows:
If to the City: City of Tukwila
6300 Southcenter Boulevard
Tukwila, Washington 98188
Attn: Mayor's Office and
Director of Public Works and
Director of Community Development
If to La Pianta: La Pianta LLC
P.O. Box 88028
Tukwila, Washington 98138 -2028
Attn: Mr. Mark A. Segale
Notice by hand delivery or facsimile shall be effective upon receipt, provided that
notice by facsimile shall be accompanied by mailed notice as set forth herein and shall be
evidenced by a machine- printed confiiniation of successful transmission. If deposited in
the mail, certified mail, return receipt requested, notice shall be deemed delivered forty
eight (48) hours after deposited. Any party at any time by notice to the other party may
designate a different address or person to which such notice or communication shall be
given.
9.17 Delays. If either party is delayed in the performance of its obligations
under this Agreement due to Force Majeure, then performance of those obligations shall
be excused for the period of delay. For purposes of this Agreement, economic downturns,
loss in value of La Pianta assets, inability to obtain or retain financing, do not constitute a
force majeure event.
9.18 Payments. Any payments made pursuant to the terns of this Agreement
shall be made within thirty days of invoice, unless otherwise specified in the Agreement.
Any late payments shall be subject to interest charges at the rate of 12% per annum.
9.19 Indemnification. Except as otherwise specifically provided elsewhere in
this Agreement and any exhibits hereto, each party shall protect, defend, indemnify and
hold haiiiiless the other party and their officers, agents, and employees, or any of them,
from and against any and all claims, actions, suits liability, loss, costs, expenses, and
damages of any nature whatsoever, which are caused by or result from any negligent act
-40-
€5 28 3906 -08 -09
or omission of the party's own officers, agents, and employees in performing services
pursuant to this Agreement. In the event that any suit based upon such a claim, action,
loss, or damage is brought against a party, the party whose negligent action or omissions
gave rise to the claim shall defend the other party at the indemnifying party's sole cost
and expense; and if final judgment be rendered against the other party and its officers,
agents, and employees or jointly the parties and their respective officers, agents, and
employees, the parties whose actions or omissions gave rise to the claim shall satisfy the
same; provided that, in the event of concurrent negligence, each party shall indemnify
and hold the other parties haiinless only to the extent of that party's negligence. The
indemnification to the City hereunder shall be for the benefit of the City as an entity, and
not for members of the general public.
9.20 Tukwila South Proiect is a Private Undertakin. The Tukwila South
Project is a private development and the City has no interest therein except as authorized
in the exercise of its governmental functions.
In Witness Whereof, the parties have caused this Agreement to be executed, effective on
the day and year set forth on the first page hereof.
-41-
0` 22 9906 -08 -09
CITY OF TUKWILA, a Washington municipal corporation
By:
Jim Haggerton, Mayor
Date:
ATTEST:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
City Attorney
La Pianta LLC, a Washington limited liability corporation
By: Metro Land Development, Inc.,
Its: Manager
By:
M.A. Segale, President
Date:
-42-
05 28 0906 -08 -09
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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 MARGN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF
1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20 AN ARC
DISTANCE OF 191.75 FEET TO THE TRUE PONT OF BEGINNING OF SAID
LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55'
05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET;
THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10"
WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY
STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE EN THE
COUNTY OF KING, STATE OF WASHNGTON.
PARCEL 022204 -9011:
THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2,
AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER
OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY
UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF
SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE
SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29
FEET TO NTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE
TERMINUS OF SAID LINE;
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT
THE SOUTHEAST CORNER OF THE SOUTHWEST %4 OF THE NORTHWEST i/4
OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST
WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40'
47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE
ver. 05 -26 -09 Exhibit 2 -1
CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53"
EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE
INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD;
THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN,
117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER
BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY
ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58
FEET TO A POINT ON A NON TANGENT CURVE FROM WHICH RADIAL
CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE
NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO
THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT
PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT
OF -WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER
KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION
THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT -OF-
WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN
THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 022204 -9015:
GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST,
W.M.;
EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY
AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH
22.8 FEET THEREOF TO K iING COUNTY FOR ROADWAY AS RECORDED
UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF
CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302
FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF
DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT
THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED
RECORDED UNDER RECORDING NO. 9705231403;
TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.,
DESCRIBED AS FOLLOWS: BEG-MINING AT THE NORTHEAST CORNER OF
SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE
NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00 °30'45" EAST ALONG THE
EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °54'02" WEST
ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST
CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE
SOUTH 00 °25'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET
NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST
ver. 05 -26 -09 Exhibit 2 -2
1/4 OF SECTION 3; THENCE NORTH 89 °40'00" EAST ALONG A LINE 40 FEET
NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF
THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF
SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00 °30'45" WEST
ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT
OF BEGINNING;
EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY
SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE
BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KNG
COUNTY, WASHNGTON; AND EXCEPT THAT PORTION THEREOF
CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER
RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 022204 -9033:
THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 N SECTION 2,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM
WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55'
10" WEST, A DISTANCE OF 217.06 FEET; THENCE ALONG SAID WEST LINE,
SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50
FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LNE OF
THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER
KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST,
ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY
BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG
SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE
NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM
WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03'
20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST,
269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH
88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02 °41' 45" EAST 140.14 FEET;
THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05"
WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE
SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48
FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF
LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD;
TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER
ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND
SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT
CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING
ver. 05 -26 -09 Exhibit 2 -3
COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING,
STATE OF WASHINGTON.
PARCEL 022204 -9037:
THAT PORTION OF GOVERNMENT LOTS 10 AND 11 N SECTION 2, TOWNSHIP
22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON
THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST,
1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH
77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET;
THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45"
EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF
THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30,
1951 TRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD
LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID
NORTH SECTION LINE TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF
THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF
SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST
CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE
NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46
FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF
SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER
ROAD; SITUATE N THE COUNTY OF KING, STATE OF WASHNGTON.
PARCEL 022204 -9040:
THAT PORTION OF GOVERNMENT LOTS 10 AND 11 N SECTION 2, TOWNSHIP
22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNENG AT
A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE
NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A
DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET;
THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET;
THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15"
EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE
SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING;
G;
EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF
ANY, THAT DVS WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN
THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 022204 -9043:
ver. 05 -26 -09 Exhibit 2-4
THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06"
EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2;
THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH
73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET;
THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21"
WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE
WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND
A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT
BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE
NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO
THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59 HAVING A RADIUS
OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53'
39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A
RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49 AN
ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET
TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A
RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53 AN
ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET
TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING,
STATE OF WASHINGTON.
PARCEL 022204 -9057:
THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST 1 /4 OF THE
NORTHWEST 1 /4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.,
BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08"
EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH
31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET
TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG
SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID
NORTHWEST 1 /4 OF THE NORTHWEST 1/4; THENCE WEST ALONG SAID SOUTH
LINE TO THE WEST LINE OF SAID NORTHWEST 1 /4 OF THE NORTHWEST 1 /4;
THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF
BEGINNING;
EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE
NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08"
EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE
SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE
RECORDED SURVEY NO. 7707280568, FILED EN VOLUME 4 OF SURVEYS,
ver. 05 -26 -09 Exhibit 2 -5
PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST
352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00'
00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE
NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING;
AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01°
55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45"
EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE
NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2;
THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING;
AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1
(INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE
OF WASHINGTON.
PARCEL 023900 -0352:
THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH
AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND
NORTH OF SOUTH 200TH STREET;
EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY
SUPERIOR COURT CAUSE NO. 98 -2- 18787 -5 KNT; (BEING ALSO KNOWN AS A
PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2
UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 032204 -9006:
THE SOUTHEAST 1/4 OF THE NORTHEAST Y4 OF SECTION 3, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED
TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION
COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42;
AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH
240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF
LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING
AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH,
PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID
SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19"
EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE
PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED
IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE
SOUTH 11° 41' 30" WEST 352.30;
THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00"
WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE
ver. 05 -26 -09
Exhibit 2 -6
NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING;
AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT
PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT
OF-WAYS AND STORM WATER RIGHT -OF -WAYS AND STORM WATER
RIGHT -OF -WAY BY DEED RECORDED UNDER KING COUNTY RECORDING
NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 032204 9047:.
THAT PORTION OF THE NORTHEAST 1 /4 OF THE NORTHEAST 1 /4 IN SECTION 3,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF
ORILLIA ROAD EXTENSION COUNTY ROAD AND Pith MARY STATE
HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING
WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE
NORTHWEST CORNER OF SECTION 2 N SAID TOWNSHIP 22 NORTH; THENCE
PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF
SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19"
EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE
PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED
IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE
SOUTH 11° 41' 30" WEST 352.30 FEET;
THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00"
WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE
NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINTT OF BEGINNING; AND
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED
RECORDED UNDER RECORDING NO. 6013508;
SITUATE N THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 032204 9056:,
THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE
WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST 1 /4 OF SECTION 3,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS
412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER
OF THE SOUTHEAST 1 /4 OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE
OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746
FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS
WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT
OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND
EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF
THE ABOVE DESCRIBED MAN TRACT WHICH IS 527.5 FEET SOUTH AND
1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST 1 /4 OF
SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF
ver. 05 -26 -09
Exhibit 2 -7
51ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID
LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 032204 -9062:
PARCEL A:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.,
DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE
SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET
EASTERLY FROM A CONCRETE MONUMENT; ENT; THENCE NORTH, ALONG THE
EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT
ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 88 °57'43" WEST, 234.57 FEET; THENCE SOUTH
27 °37'40" WEST, 264.86 FEET; THENCE SOUTH 48 °11'25" WEST, 269.46 FEET;
THENCE SOUTH 51 °58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE
INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN
CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY
ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY
ROAD, TO A POINT, WHICH BEARS SOUTH 0 °13'04" WEST FROM THE TRUE
POINT OF BEGINNING; THENCE NORTH 0 °13'04" EAST, 760.00 FEET, MORE
OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION
THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT
CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO
THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED
UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF,
LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE
WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH
OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE
NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665);
TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET
ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED
UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS
WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW;
PARCEL B:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING
SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON
AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO.
4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH
vet. 05 -26 -09
Exhibit 2 -8
STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF
CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO.
653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE
COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER
RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING
SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD
NO. 665); SITUATE N THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 032204 -9090:
THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF
THE SOUTHEAST 1 /4 OF THE NORTHEAST 1 /4 OF SECTION 3, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND
EXCEPT ANY PORTION OF THE COUNTY ROAD, If ANY, THAT LIES WITHN
THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION
THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT -OF -WAYS
BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 032204 -9092:
THAT PORTION OF THE SOUTHEAST 1 /4 OF SECTION 3, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST
QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06"
WEST ALONG THE NORTH LINE OF THE SOUTHEAST 1 /4 OF SAID SECTION 3,
A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO
THE TRUE PONT OF BEGINNING; THENCE CONTINUNG SOUTH 01° 11'00"
EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID
NORTH LINE, 220 FEET; THENCE NORTH 01° 11' 00" WEST 300 FEET TO THE
SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST 1 /4; THENCE
NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 032204 -9093:
THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30
FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF
SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH
STREET; THENCE WEST 746 FEET; THENCE NORTH TO A PONT 527.5 FEET
SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH;
THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE
NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT
THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT
PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER
THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE
ver. 05 -26 -09 Exhibit 2 -9
SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT
THAT PORTION, BEG INNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF
THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89 °11'06"
EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET
SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID
SUBDIVISION; THENCE NORTH 01 °11'00" WEST 284 FEET; THENCE WEST TO
THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY
ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO
BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE
COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 032204 -9100:
THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST 1 /4 OF THE NORTHEAST
1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT
THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663,
AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF
WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED
UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING
NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND
EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT
OF WAY IN K NG COUNTY SUPERIOR COURT CAUSE NO. 98- 2- 18787 -5 KNT;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 032204 -9106:
A PORTION OF THE WEST %2 OF THE NORTHWEST 1 /4 OF SECTION 2 AND THE
EAST %2 OF THE NORTHEAST V4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE
4 EAST, W.M., BEM MORE PARTICULARILY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED
SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55
FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS
SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4
OF SURVEYS, PAGE 239, RECORDS OF K NIG COUNTY;THENCE SOUTH 11° 41'
30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE
NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27
FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF
BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 262304 -9065:
THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BEGINNING AT
THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4
vet. 05 -26 -09
Exhibit 2 -10
OF SECTION 26; THENCE NORTH 87 °45'57" WEST ALONG THE SOUTH LINE
OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, A DISTANCE OF 481.05
FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY; THENCE
CONTINUING NORTH 87 °45'57" WEST ALONG SAID SOUTH LINE, A
DISTANCE OF 680 FEET, MORE OR LESS, TO A POINT ON A LINE WHICH IS
PARALLEL WITH AND 39.0 FEET NORTHWESTERLY OF THE CENTER LINE OF
A 19 FOOT RAILROAD EASEMENT ESTABLISHED BY INSTRUMENT
RECORDED UNDER RECORDING NO. 6643573 AND THE TRUE POINT OF
BEGINNING; THENCE NORTH 16 °18'55" EAST ALONG SAID PARALLEL LINE
92 FEET, MORE OR LESS, TO THE CENTER LINE OF A 40 FOOT DRAINAGE
EASEMENT GRANTED TO THE STATE OF WASHINGTON BY INSTRUMENT
RECORDED UNDER RECORDING NO. 6233536; THENCE NORTH 50 °38'32"
WEST ALONG SAID DRAINAGE EASEMENT CENTER LINE 224 FEET, MORE
OR LESS, TO THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST
1/4 OF SAID SECTION 26; THENCE SOUTH 00 °56'36" WEST ALONG SAID WEST
LINE TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST
ALONG THE SOUTH LENT OF SAID SUBDIVISION TO THE TRUE POINT OF
BEGINNING; TOGETHER WITH ALL RIGHTS IN THOSE CERTAIN 15 FOOT
EASEMENTS RESERVED IN DOCUMENTS RECORDED UNDER KING COUNTY
RECORDING NOS. 7701050685 AND 7701050686; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9008:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4
EAST, W.M., LYING SOUTHERLY OF MUSIEL ROAD;
EXCEPT THAT PORTION THEREOF. PURSUANT TO THE CITY OF TUKWILA
ORDINANCE 626. RECORDED UNDER RECORDING NO. 6671631, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHEAST
OUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35. NORTH
87 °50'57" WEST, 319.21 FEET FROM THE SOUTHEAST CORNER THEREOF:
THENCE NORTH 20 °03'27" EAST, 31.53 FEET:
THENCE SOUTH 87 °50'57" EAST, 96.47 FEET:
THENCE ALONG THE ARC AT THE CURVE TO THE LEFT, HAVING A RADIUS
OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 15°16'16" AN ARC
DISTANCE OF 13.33 FEET: THENCE SOUTH 24 °56'33" EAST, 35.68 FEET TO
THE SOUTH LINE OF SAID SUBDIVISION: THENCE NORTH 87 °50'57" WEST,
135.58 FEET TO THE POINT OF BEGINNING:
TOGETHER WITH THE VACATED PORTION OF MUSTF.L ROAD ADJOINING,,
PURSUANT TO THE CITY OF TUKWILA ORDINANCE 626, RECORDED UNDER
ver. 05 -26 -09 Exhibit 2 -11
RECORDING NO. 6671631. WHICH, UPON VACATION. ATTACHED BY
OPERATION OF LAW, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER,
OF THE NORTHWEST QUARTER OF SAID SECTION 35:
THENCE NORTH 87 °50'57" WEST. ALONG THE SOUTH LINE THEREOF, 319.21
FEET;
THENCE NORTH 20 °03'27" EAST. 31.53 FEET TO THE TRUE POINT OF
BEGINNING:
THENCE NORTH 87 °50'57" WEST. 31.53 FEET:
THENCE NORTH 20 °03'27" EAST, 221.29 FEET;
THENCE SOUTH 24 °03'27" EAST, 216.19 FEET:
THENCE WESTERLY. ALONG AN ARC OF CURVE TO THE RIGHT, HAVING A
RADIUS OF 50.00 FEET. THE RADIAL PONT OF WHICH BEARS NORTH
48 °12'58" WEST, THROUGH A CENTRAL ANGLE OF 35 °05'45" AN ARC
DISTANCE OF 30.63 FEET;
THENCE NORTH 24 °56'33" WEST. 146.77 FEET;
THENCE SOUTH 20 °03'27" WEST, 139.18 FEET TO THE TRUE POINT OF
BEGINNING;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 352304 -9009:
THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST
1/4 OF THE NORTHWEST 1/4; THENCE NORTH 87 °45'57" WEST, ALONG THE
NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1 /4, A DISTANCE
OF 481.05 FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY
AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 11 °59'33" EAST,
ALONG SAID WEST MARGIN, A DISTANCE OF 41.27 FEET; THENCE NORTH
87 °45'57" WEST A DISTANCE OF 229.11 FEET; THENCE SOUTH 42 °30'27" WEST
A DISTANCE OF 695.97 FEET; THENCE SOUTH 52 °44'03" EAST TO THE SOUTH
LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST
1/4 OF SAID SECTION 35; THENCE WESTERLY, ALONG SAID SOUTH LINE, TO
THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 35; THENCE NORTH 01 °49'41" EAST, ALONG SAID EAST LINE, TO
THE NORTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE SOUTH
87 °45'57" EAST, ALONG THE NORTH LINE, OF SAID NORTHWEST 1 /4, A
DISTANCE OF 831.10 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT
THAT PORTION OF SAID TRACT LYING WITHIN THE BOUNDARIES OF CITY
OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. BLA -8 -79, RECORDED
UNDER KING COUNTY RECORDING NO. 7908230752; SITUATE IN THE CITY
OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
ver. 05 -26 -09 Exhibit 2 -12
PARCEL 352304 -9013:
THAT PORTION OF THE SOUTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTHERLY LINE OF SAID SUBDIVISION AT A PONT
657.02 FEET WESTERLY OF THE NTERSECTION OF SAID SOUTHERLY LINE
WITH THE WESTERLY LINE OF COUNTY ROAD NO. 540 (57TH AVENUE
SOUTH), SAID POINT BEING THE SOUTHWESTERLY CORNER OF THAT
CERTAIN TRACT OF LAND DESCRIBED N NSTRUMENT RECORDED UNDER
RECORDNG NO. 4744487; THENCE NORTH 16 °21'00" EAST 831.38 FEET TO
THE NORTHWESTERLY CORNER OF SAID CERTAIN TRACT OF LAND;
THENCE SOUTH 87 °53'30" EAST 504.80 FEET; THENCE NORTH 60 °47'30" EAST
206.43 FEET TO THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE
NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF
SAID SUBDIVISION; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO
THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTHERLY
ALONG THE WESTERLY LINE THEREOF TO THE SOUTHWEST CORNER OF
SAID SUBDIVISION; THENCE EASTERLY ALONG THE SOUTHERLY LINE
THEREOF TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF
SAID SUBDIVISION; THENCE SOUTH 87 °5101" EAST, ALONG THE NORTH
LINE OF SAID SUBDIVISION 800 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH PERPENDICULAR TO THE SAID NORTH LINE OF SAID
SUBDIVISION 250 FEET; THENCE EAST PARALLEL WITH THE SAID NORTH
LINE OF SAID SUBDIVISION TO THE WEST LINE OF COUNTY ROAD NO. 540;
THENCE NORTHERLY ALONG THE SAID WESTERLY LINE OF SAID COUNTY
ROAD TO THE NTERSECTION WITH THE SAID NORTH LINE OF SAID
SUBDIVISION; THENCE NORTH 87 °51'01" WEST ALONG SAID NORTH LINE OF
SAID SUBDIVISION 335 FEET, MORE OR LESS, TO THE TRUE POINT OF
BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID
SUBDIVISION; THENCE NORTH 01 °49'45" EAST ALONG THE WEST LINE OF
SAID SUBDIVISION 566.20 FEET; THENCE NORTH 63 °06'45" EAST 485.45 FEET
TO AN IRON PIPE AT THE NORTHWESTERLY CORNER OF SAID CERTAIN
TRACT OF LAND DESCRIBED IN INSTRUMENT RECORDED UNDER
RECORDING NO. 4744487; THENCE SOUTH 18 °30'20" WEST ALONG THE
WESTERLY LINE OF SAID TRACT 835.35 FEET TO THE SOUTH LINE OF THE
SOUTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SAID SECTION; THENCE NORTH
87 °56'03" WEST ALONG SAID SOUTH LIVE 186.03 FEET TO THE POINT OF
BEGINNING; AND EXCEPT COUNTY ROADS; SITUATE N THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9015:
ver. 05 -26 -09 Exhibit 2 -13
PARCEL A OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER
L06 -029 RECORDED UNDER RECORDING NO. 20060913900003; SITUATE IN
THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9016:
THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID
SUBDIVISION; THENCE SOUTH 87 °59'06" EAST ALONG THE SOUTH LINE
THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 87 °59'06" EAST 328.00 FEET; THENCE NORTH 16 °56'40"
EAST 262.12 FEET; THENCE NORTH 47 °11'37" WEST TO THE EASTERLY
RIGHT -OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE
SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS NTERSECTION WITH
THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND
PREVIOUSLY CONVEYED BY DEED RECORDED N VOLUME 1522 OF DEEDS,
PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE
SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO
THE TRUE POINT OF BEGINNING; SITUATE N THE COUNTY OF KING, STATE
OF WASHINGTON.
PARCEL 352304 -9018:
LOT B OF BOUNDARY LINE ADJUSTMENT NO. L99 -0008, RECORDED UNDER
KING COUNTY RECORDING NO. 9906099010, RECORDS OF KING COUNTY,
WASHINGTON; BEING A PORTION OF GOVERNMENT LOT 5 N SECTION 35,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9019:
THAT PORTION OF THE SOUTHWEST 1 /4 OF THE NORTHEAST 1 /4 OF THE
NORTHWEST 1 /4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M.,
LYING SOUTH AND WEST OF P.J. MUS I HL ROAD (SOUTH 178TH STREET),
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF
SAID SOUTHWEST 1 /4 OF THE NORTHEAST Y4 OF THE NORTHWEST 1/40F SAID
SECTION; THENCE SOUTH 87 °50'57" EAST 286.71 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 23 °27'57" EAST 147.13 FEET; THENCE SOUTH
87 °50'57" EAST 25 FEET; THENCE NORTH 23 °27'57" EAST 180 FEET, MORE OR
LESS, TO A POINT ON THE SOUTHERLY MARGIN OF SAID P.J. MUSIEL ROAD;
THENCE SOUTH 55 °13'03" EAST ALONG SAID SOUTHERLY MARGIN 195.78
FEET; THENCE ALONG THE WESTERLY MARGIN OF SAID MUSIEL ROAD
SOUTH 29 °37'57" WEST 224.57 FEET TO THE SOUTH LINE OF SAID
SUBDIVISION; THENCE NORTH 87 °50'57" WEST ALONG SAID SOUTH LINE TO
THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE
ver. 05 -26 -09 Exhibit 2 -14
SOUTHWEST Y4 OF THE NORTHEAST V4 OF THE NORTHWEST %4 OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE
ALONG THE SOUTH LINE THEREOF, SOUTH 87 °50'57" EAST 365.16 FEET;
THENCE NORTH 02 °09'03" EAST 137.09 FEET; THENCE NORTH 23°2T57" EAST
179.32 FEET TO THE SOUTHWESTERLY MARGIN OF SOUTH 178TH STREET;
THENCE ALONG SAID MARGIN SOUTH 60 °38'09" EAST 10.11 FEET; THENCE
ALONG SAID MARGIN SOUTHEASTERLY ALONG THE ARC OF A CURVE TO
THE RIGHT, HAVING A RADIUS OF 208.74 FEET, A DISTANCE OF 10.02 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
MARGIN AND SAID CURVE A DISTANCE OF 70.00 FEET; THENCE SOUTH
21 °38'27" WEST 120.39 FEET; THENCE NORTH 68 °5T03" WEST 70.06 FEET;
THENCE NORTH 23 °27'57" EAST 145.00 FEET TO THE TRUE POINT OF
BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE
CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6405581;
TOGETHER WITH THOSE PORTIONS OF MUS 11 ROAD (SOUTH 178TH
STREET) VACATED BY THE CITY OF TUKWILA BY ORDNANCE NO. 556
WHICH ATTACHED THERETO BY OPERATION OF LAW; SITUATE IN THE
CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9025:
THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 01 °49'41"
WEST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4 OF SAID SECTION 35, A DISTANCE OF 757.08 FEET TO THE NORTHERLY
MARGIN OF SOUTH 178TH STREET (P.J. MUSIFL COUNTY ROAD); THENCE
NORTH 65 °22'03" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF
240.64 FEET; THENCE NORTH 47 °46'03" WEST, ALONG SAID NORTHERLY
MARGIN, A DISTANCE OF 341.00 FEET TO THE EAST RIGHT -OF -WAY LINE OF
PRIMARY STATE HIGHWAY NO. 1 (JUNCTION S. S. H. NO. 5A TO SOUTH
178TH STREET); THENCE NORTH 09 °32'33" EAST, ALONG SAID EAST RIGHT
OF -WAY LINE, A DISTANCE OF 240.39 FEET; THENCE ALONG A CURVE TO
THE RIGHT, HAVING A RADIUS OF 11,199.16 FEET, AN ARC DISTANCE OF
209.74 FEET, THROUGH A CENTRAL ANGLE OF 01°04'23", TO THE NORTH
LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35;
THENCE SOUTH 87 °45'57" EAST, ALONG SAID NORTH LINE, A DISTANCE OF
419.14 FEET TO THE TRUE POINT OF BEGENNING; TOGETHER WITH THAT
PORTION OF VACATED SOUTH 178TH STREET ADJOINING, PURSUANT TO
ORDINANCE NO. 8238, WHICH UPON VACATION, ATTACHED TO SAID
PROPERTY BY OPERATION OF LAW; SITUATE IN THE CITY OF TUKWILA,
COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9027:
ver. 05 -26 -09 Exhibit 2 -15
THE NORTH 25.25 FEET OF THAT PORTION OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M.,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF
SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 87 °45'57"
WEST, ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE
NORTHWEST 1/4, A DISTANCE OF 481.05 FEET, TO THE WESTERLY MARGIN
OF THE SOUTHCENTER PARKWAY; THENCE SOUTH 11 °59'33" EAST, ALONG
SAID WESTERLY MARGIN, A DISTANCE OF 1,007.07 FEET; THENCE
CONTINUING SOUTH 11 °59'33" EAST, ALONG SAID MARGIN, A DISTANCE OF
94.05 FEET; THENCE SOUTH 78 °00'27" WEST A DISTANCE OF 68.93 FEET TO
AN ANGLE POINT ON THE OLD ALIGNMENT OF SOUTH 178TH STREET
(FORMERLY KNOWN AS P.J. MUSIEL COUNTY ROAD); THENCE SOUTH
20 °03'27" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A
DISTANCE OF 221.29 FEET TO A LINE 30 FEET NORTH OF AND PARALLEL
WITH THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4,
BEING THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH
178TH STREET; THENCE NORTH 87 °50'57" WEST, ALONG SAID NORTHERLY
MARGIN, A DISTANCE OF 233.08 FEET TO A PONT OF CURVE; THENCE
ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE RIGHT, HAVING A
RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169.17 FEET, THROUGH A
CENTRAL ANGLE OF 85 °35'34 TO A POINT OF REVERSE CURVE; THENCE
ALONG SAID NORTHERLY MARGIN, ON A CURVE TO THE LEFT HAVING A
RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 29.43 FEET, THROUGH A
CENTRAL ANGLE OF 06 °16'3T', TO THE OLD CENTERLINE OF SAID SOUTH
178TH STREET; THENCE NORTH 29 °42'27" EAST, ALONG SAID OLD
CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE
NORTH 55 °08'33" WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF
64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID
SOUTH 178TH STREET TO THE TRUE POINT OF BEGINNING, AND FROM
WHICH SAID TRUE POJI TT OF BEGINNING, POINT "A" WHICH IS TO BE USED
FOR LATER REFERENCE HEREIN, LIES NORTH 37 °55'55" EAST, A DISTANCE
OF 173.09 FEET; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE
TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 62 °56'38" WEST,
HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 157.50 FEET,
THROUGH A CENTRAL ANGLE OF 33 °34'48 THENCE NORTH 60 °38'10" WEST,
ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 204.96 FEET; THENCE
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 508.59 FEET, AN ARC
DISTANCE OF 25.52 FEET, THROUGH A CENTRAL ANGLE OF 02 °5T29
THENCE NORTH 63 °30'39" WEST, ALONG SAID NORTHERLY MARGIN, A
DISTANCE OF 290.59 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF
THE NORTHWEST 1/4; THENCE NORTH 01 °49'41" EAST, ALONG SAID WEST
LINE, TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4
OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE EASTERLY, ALONG
SAID SOUTH LINE, TO INTERSECT A LINE WHICH BEARS NORTH 52 °44'03"
WEST FROM THE AFOREMENTIONED POINT "A THENCE SOUTH 52 °44'03"
ver. 05 -26 -09 Exhibit 2 -16
EAST TO SAID POINT "A WHICH POINT IS THE MOST SOUTHERLY CORNER
OF A TRACT OF LAND CONVEYED TO AMERICAN NATIONAL INSURANCE
BY DEED RECORDED OCTOBER 16, 1970 UNDER RECORDING NO. 6704630;
THENCE SOUTH 37 °55'55" WEST 173.09 FEET TO THE TRUE POINT OF
BEGINNING; SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE
OF WASHINGTON.
PARCEL 352304 -9032:
THAT PORTION OF THE SOUTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE
NORTH 88° 53' 32" WEST ALONG THE NORTH LINE THEREOF, 101.47 FEET;
THENCE SOUTH 08° 43'18" WEST 477.17 FEET; THENCE SOUTH 17° 59' 30"
WEST 247.69 TO THE TRUE PONT OF BEGINNING; THENCE CONTINUING
SOUTH 17° 59' 30" WEST 151.00 FEET; THENCE SOUTH 71° 43' 40" EAST 203.51
FEET; THENCE NORTH 16° 28' 50" EAST 151.08 FEET; THENCE NORTH 71° 43'
40" WEST 199.53 FEET TO THE TRUE PONT OF BEGINNING; EXCEPTING
THEREFROM THE COUNTY ROAD; SITUATE IN THE CITY OF TUKWILA,
COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9033:
THE SOUTH 660 FEET OF THE SOUTHWEST %4 OF THE NORTHWEST 1 /4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST
792 FEET THEREOF; AND EXCEPT THAT PORTION LYING NORTHWEST OF
THE CITY OF SEATAC CITY OF TUKWILA CORPORATE BOUNDARY AS
ESTABLISHED BY TUKWILA ORDINANCE #269.
PARCEL 352304 -9036:
PARCEL C OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L99-
0008, AS RECORDED UNDER RECORDING NO. 9906099010, RECORDS OF KING
COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 352304 -9038:
PARCEL A:
THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST
1/4 OF THE NORTHWEST 1/4; THENCE NORTH 87 °45'57" WEST, ALONG THE
NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, A DISTANCE
OF 481.05 FEET, TO THE WESTERLY MARGIN OF THE SOUTHCENTER
ver. 05 -26 -09
Exhibit 2 -17
PARKWAY; THENCE SOUTH 11 °59'33" EAST, ALONG SAID WESTERLY
MARGIN, A DISTANCE OF 1,007.07 FEET; THENCE CONTINUING SOUTH
11 °59'33" EAST, ALONG SAID MARGIN, A DISTANCE OF 94.05 FEET; THENCE
SOUTH 78 °00'27" WEST A DISTANCE OF 68.93 FEET TO AN ANGLE POINT ON
THE OLD ALIGNMENT OF SOUTH 178TH STREET (FORMERLY KNOWN AS P.J.
MUSIEL COUNTY ROAD); THENCE SOUTH 20 °03'27" WEST, ALONG THE OLD
CENTERLINE OF SAID STREET, A DISTANCE OF 221.29 FEET TO A LINE 30
FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID
NORTHEAST 1/4 OF THE NORTHWEST 1/4, BEING THE NORTHERLY MARGIN
OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET;THENCE NORTH
87 °50'57" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 233.08
FEET TO A POINT OF CURVE; THENCE ALONG SAID NORTHERLY MARGIN
ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 113.24 FEET, AN ARC
DISTANCE OF 169.17 FEET, THROUGH A CENTRAL ANGLE OF 85 °35'34 TO A
POINT OF REVERSE CURVE; THENCE ALONG SAID NORTHERLY MARGN,
ON A CURVE TO THE LEFT HAVING A RADIUS OF 268.74 FEET, AN ARC
DISTANCE OF 29.43 FEET, THROUGH A CENTRAL ANGLE OF 06 °16'32 TO
THE OLD CENTERLINE OF SAID SOUTH 178TH STREET; THENCE NORTH
29 °4T27" EAST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 52.69 FEET
TO AN ANGLE POINT; THENCE NORTH 55 °08'33" WEST, ALONG SAID OLD
CENTERLNE, A DISTANCE OF 64.04 FEET TO THE NORTHERLY MARGIN OF
THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET TO THE TRUE POINT
OF BEGINNING, AND FROM WHICH SAID TRUE POINT OF BEGINNING, POINT
"A" WHICH IS TO BE USED FOR LATER REFERENCE HEREIN, LIES NORTH
37 °55'55" EAST, A DISTANCE OF 173.09 FEET; THENCE ALONG SAID
NORTHERLY MARGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH
BEARS SOUTH 62 °56'38" WEST, HAVING A RADIUS OF 268.74 FEET, AN ARC
DISTANCE OF 157.50 FEET, THROUGH A CENTRAL ANGLE OF 33 °34'48
THENCE NORTH 60 °38'10" WEST, ALONG SAID NORTHERLY MARGIN, A
DISTANCE OF 204.96 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING
A RADIUS OF 508.59 FEET, AN ARC DISTANCE OF 25.52 FEET, THROUGH A
CENTRAL ANGLE OF 02 °52'29 THENCE NORTH 63 °30'39" WEST, ALONG SAID
NORTHERLY MARGIN, A DISTANCE OF 290.59 FEET TO THE WEST LINE OF
SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 01 °49'41"
EAST, ALONG SAID WEST LINE, TO THE SOUTH LINE OF THE NORTHWEST
1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35;
THENCE EASTERLY, ALONG SAID SOUTH LINE, TO INTERSECT A LINE
WHICH BEARS NORTH 52 °44'03" WEST FROM THE AFOREMENTIONED POINT
"A THENCE SOUTH 52 °44'03" EAST TO SAID POINT "A WHICH POINT IS
THE MOST SOUTHERLY CORNER OF A TRACT OF LAND CONVEYED TO
AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 16, 1970
UNDER RECORDING NO. 6704630; THENCE SOUTH 37 °55'55" WEST 173.09
FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE NORTH 25.25 FEET
THEREOF; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHNGTON.
ver. 05 -26 -09
Exhibit 2 -18
PARCEL B:
THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST
1/4 OF THE NORTHWEST 1/4 THENCE NORTH 87 °45'57" WEST, ALONG THE
NORTH LINTE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, A DISTANCE
OF 481.05 FEET, TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY;
THENCE SOUTH 11 °59'33" EAST, ALONG SAID WESTERLY MARGIN, A
DISTANCE OF 1,007.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 11 °59'33" EAST, ALONG SAID MARGIN, A DISTANCE OF
94.05 FEET; THENCE SOUTH 78 °00'27" WEST A DISTANCE OF 68.93 FEET TO
AN ANGLE POINT OF THE OLD ALIGNMENT OF SOUTH 178TH STREET
(FORMERLY KNOWN AS P.J. MUSTRL COUNTY ROAD); THENCE SOUTH
20 °03'27" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A
DISTANCE OF 221.29 FEET TO A LINE 30 FEET NORTH OF AND PARALLEL
WITH THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4,
BEING THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH
178TH STREET; THENCE NORTH 87 °50'57" WEST, ALONG SAID NORTHERLY
MARGIN, A DISTANCE OF 233.08 FEET TO A POINT OF CURVE; THENCE
ALONG SAID NORTHERLY MARGIN, ON A CURVE TO THE RIGHT HAVING A
RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169.17 FEET, THROUGH A
CENTRAL ANGLE OF 85 °35'34" TO A POINT OF REVERSE CURVE; THENCE
ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE LEFT, HAVING A
RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 29.43 FEET, THROUGH A
CENTRAL ANGLE OF 06 °16'32" TO THE OLD CENTERLINE OF SAID SOUTH
178TH STREET; THENCE NORTH 29 °42'27" EAST, ALONG SAID OLD
CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE
NORTH 55 °08'33" WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF
64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID
SOUTH 178TH STREET; THENCE NORTH 37 °55'55" EAST 173.09 FEET TO THE
MOST SOUTHERLY CORNIER OF A TRACT OF LAND CONVEYED TO
AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 16, 1970
UNDER RECORDING NO. 6704630; THENCE ALONG THE SOUTHEASTERLY
LINE OF SAID CONVEYED TRACT, NORTH 42 °30'27" EAST, A DISTANCE OF
106.34 FEET, ALONG THE SOUTHEASTERLY LINE OF AMERICAN NATIONAL
INSURANCE'S TRACT TO THE INTERSECTION OF THE SOUTHWESTERLY
LINE OF A TRACT CONVEYED TO LAUREL DEVELOPMENT CO., A
WASHINGTON CORPORATION, BY DEED RECORDED UNDER KING COUNTY
RECORDING NO. 7611100056; THENCE ALONG THE SOUTHERLY LINE OF
SAID LAUREL DEVELOPMENT CO. TRACT, SOUTH 51 °25'11" EAST, A
DISTANCE OF 57.27 FEET;
THENCE SOUTH 45 °56'15" EAST A DISTANCE OF 62.15 FEET; THENCE SOUTH
51 °32'16" EAST A DISTANCE OF 47.25 FEET; THENCE SOUTH 76 °3122" EAST A
DISTANCE OF 72.20 FEET; THENCE SOUTH 87 °45'57" EAST A DISTANCE OF
ver. 05 -26 -09 Exhibit 2 -19
120.00 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9040:
THAT PORTION OF THE SOUTHEAST %4 OF THE NORTHWEST 1/40F SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE
SOUTH 87 °5F01" EAST ALONG THE NORTH LINE OF SAID SUBDIVISION
800.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
PERPENDICULAR TO THE SAID NORTH LINE OF SAID SUBDIVISION 250.00
FEET; THENCE EAST PARALLEL WITH SAID NORTH LINE OF SAID
SUBDIVISION TO THE WEST LINE OF COUNTY ROAD NO. 540; THENCE
NORTHERLY ALONG THE SAID WESTERLY LINE OF SAID COUNTY ROAD TO
THE INTERSECTION, WITH THE SAID NORTH LINE OF SAID SUBDIVISION;
THENCE NORTH 87°5T01" WEST ALONG SAID NORTH LINE OF SAID
SUBDIVISION 335.00 FEET, MORE OR LESS, TO THE TRUE POINT OF
BEGINNING; EXCEPT COUNTY ROAD; EXCEPT THAT PORTION CONDEMNED
IN KING COUNTY CAUSE NO. 698092 BY THE CITY OF TUKWILA FOR ROAD
PURPOSES; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF
TUKWILA IN CONCOMITANT ZONING AGREEMENT RECORDED UNDER
RECORDING NO. 8708270391; SITUATE IN THE CITY OF TUKWILA, COUNTY
OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9041:
THAT PORTION OF THE SOUTHWEST 1 /4 OF THE SOUTHWEST 1/4 AND OF
GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST,
W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY
LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION,
FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35,
BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST
1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND
ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05"
EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE
SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00
FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE
BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG
SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE
NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE
OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD
LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35;
THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE
THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00
FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID
ver. 05 -26 -09 Exhibit 2 -20
LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT
FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND
DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A
50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25
FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A
50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41
FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID
EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00
FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08'
28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE
POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 352304 -9045:
THAT PORTION OF THE SOUTHWEST OF THE SOUTHWEST %4 OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNE TG AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID
SECTION 35; THENCE SOUTH 87° 59' 06" EAST, ALONG THE SOUTH LINE OF
SAID SOUTHWEST 1/4, 835.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 87° 59' 06" EAST, ALONG SAID SOUTH LINE,
438.99 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76;
THENCE NORTH 01° 53' 23" WEST, ALONG SAID MARGIN, 216.74 FEET;
THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 306.48
FEET, THROUGH A CENTRAL ANGLE OF 02° 52' 12 AN ARC DISTANCE OF
15.35 FEET TO A SURVEY MONUMENT ON THE SOUTH LINE OF THE NORTH
1,089.31 FEET OF SAID SOUTHWEST 1 /4 OF THE SOUTHWEST 1/4 OF SECTION
35; THENCE NORTH 87° 57' 17" WEST ON THE SOUTH LINE, 331.09 FEET,
MORE OR LESS, TO A SURVEY MONUMENT; THENCE NORTH 47° 11' 37"
WEST 32.95 FEET; THENCE SOUTH 16° 56' 40" WEST 262.12 FEET TO THE
TRUE PONT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY
OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9049:
THE NORTH 490 FEET OF THE EAST 100 FEET OF THAT PORTION OF THE
SOUTHWEST 1 /4 OF THE SOUTHWEST 1 /4 OF SECTION 35, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE SOUTH BOUNDARY LINE OF THE SOUTHWEST %4 OF THE
SOUTHWEST OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,
FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION BEARS
NORTH 89 °03'20" WEST, A DISTANCE OF 507.00 FEET; THENCE ALONG SAID
SOUTH LINE SOUTH 89 °03'20" EAST TO THE WESTERLY LINE OF COUNTY
ver. 05 -26 -09 Exhibit 2 -21
ROAD; THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE OF SAID
COUNTY ROAD, TO ITS INTERSECTION WITH THE EAST LINE OF THE
SOUTHWEST 'V4 OF THE SOUTHWEST OF SECTION 35; THENCE
NORTHERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF
SAID SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE
THEREOF, 100.00 FEET; THENCE SOUTHERLY PARALLEL TO THE EAST LINE
OF SAID SUBDIVISION 490.00 FEET; THENCE WESTERLY ALONG A LINE
PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 1238.31 FEET, MORE
OR LESS, TO THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTHERLY
ALONG SAID WEST LINE TO ITS NTERSECTION WITH THE
NORTHEASTERLY LINE OF THE ORILLIA ROAD EXTENSION; THENCE
SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF SAID ROAD TO
ITS NTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN
TRACT OF LAND HERETOFORE CONVEYED TO KING COUNTY BY DEED
RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, RECORDS OF KING
COUNTY, RECORDED UNDER RECORDING NO. 2722034; THENCE
SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE TO AN ANGLE
POINT HEREIN;THENCE CONTINUING SOUTHEASTERLY ALONG THE
NORTHEASTERLY LINE OF SAID TRACT, 731.2 FEET TO THE PLACE OF
BEGINNING; EXCEPT ANY PORTION THEREOF LYING WITHIN A TRACT OF
LAND CONVEYED TO KING COUNTY BY DEED RECORDED UNDER
RECORDING NO. 3353356; SITUATE IN THE, CITY OF TUKWILA, COUNTY OF
KING, STATE OF WASHINGTON.
PARCEL 352304 -9050:
THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD
KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF
DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE
INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH
THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID
NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF
THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET,
MORE OR LESS, TO AN IRON PIPE SET N THE WESTERLY LINE OF THE SAID
COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS,
ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE
IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9051:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,
LYING EASTERLY OF THE ORILLIA ROAD EXTENSION, DESCRIBED AS
FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION
35;THENCE SOUTH 87 °56'00" EAST ALONG EAST AND WEST CENTER LINE
ver. 05 -26 -09 Exhibit 2 -22
960 FEET; THENCE SOUTH 53 °24'59" WEST 727.57 FEET TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 38 °42'02" EAST 1144.63 FEET TO SOUTH
LINE OF NORTHWEST QUARTER OF SOUTHWEST QUARTER; THENCE
SOUTH 87 °57'00" EAST ALONG SAID SOUTH LINE 100 FEET TO SOUTHEAST
CORNER SAID SUBDIVISION; HENCE NORTH 04 °04'00" EAST ALONG EAST
LINE TO A POINT BEAR 1NG SOUTH 85 °56'00" EAST FROM BEGINNING;
THENCE NORTH 85 °56'00" WEST TO THE TRUE POINT OF BEGINNING;
EXCEPT ANY PORTION LYING WITHIN THAT CERTAIN TRACT CONVEYED
TO CHARLES C. STRONG AND OTHERS, DATED JULY 5, 1904, AND
RECORDED UNTDER RECORDING NO. 322573; AND EXCEPT THAT PORTION
CONDEMNED IN KING COUNTY SC# 590470 FOR PRIMARY STATE HIGHWAY
NO. 1. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 352304 -9055:
LOT 1 OF SHORT PLAT NO. 86- 45 -SS, RECORDED UNDER KING COUNTY
RECORDING NO. 8609081152; SITUATE IN THE CITY OF TUKWILA, COUNTY
OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9065:
THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF
ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION;
THENCE SOUTH 87 °58'28" EAST 165 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 87 °58'28" EAST 80 FEET; THENCE
NORTH 15 °00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID
SUBDIVISION; THENCE NORTH 87 °58'28" WEST 80 FEET; THENCE SOUTH
15 °00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION
LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH
STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 352304 -9066:
THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY
ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST
ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF
SOUTHWEST CORNER OF SECTION; THENCE NORTH 26 °48'20" WEST TO
NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH
ver. 05 -26 -09 Exhibit 2 -23
87 °58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15 °00'00' EAST TO
BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE
HIGHWAY NO. 1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE I\T
THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9068:
THAT PORTION OF THE SOUTHWEST %4 OF THE SOUTHWEST V4 OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE
SOUTH 04° 04' 20" WEST, ALONG THE EASTERLY LINE OF SAID
SUBDIVISION, A DISTANCE OF 490 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 87° 57' 17" WEST, PARALLEL WITH THE
NORTHERLY LINE OF SAID SUBDIVISION, A DISTANCE OF 843.32 FEET TO A
POINT WHICH IS SOUTH 87° 57' 17" EAST 495 FEET FROM THE WESTERLY
LINE OF SAID SUBDIVISION; THENCE SOUTH 282.00 FEET TO THE THREAD
OF A CREEK FLOWING SOUTHEASTERLY; THENCE SOUTH 47° 11' 37" EAST
486.74 FEET TO A PONT ON THE THREAD OF SAID CREEK; THENCE SOUTH
87° 57' 17" EAST 338.76 FEET TO AN ItiNTERSECTION WITH THE WESTERLY
MARGIN OF MESS BROS. COUNTY ROAD NO. 76 (57TH AVENUE SOUTH) AS
PRESENTLY LOCATED AND HAVING A TOTAL RIGHT OF WAY WIDTH OF 40
FEET; THENCE ALONG SAID ROAD MARGIN, ALONG A CURVE TO THE
RIGHT, HAVING A RADIUS OF 306.48 FEET, THE CENTER OF WHICH BEARS
SOUTH 88° 40' 12" EAST, AN ARC DISTANCE OF 143.56 FEET; THENCE NORTH
28° 10' 08" EAST 191.48 FEET TO AN NTERSECTION OF SAID ROAD MARGIN
WITH THE EASTERLY LINE OF SAID SUBDIVISION; THENCE NORTH 04° 04'
20" EAST 289.11 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT
PORTION THEREOF LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 AS
CONDEMNED N KING COUNTY SUPERIOR COURT CAUSE NO. 672088;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 352304 -9078:
THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS
FOLLOWS: BEGINNti'NG AT THE SOUTHWEST CORNER OF SAID SECTION 35;
THENCE NORTH 05°44'13" EAST ALONG THE WESTERLY LIMIT OF SAID
SECTION 833.82 FEET; THENCE SOUTH 87°57'17" EAST PARALLEL TO THE
NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT
OF -WAY MARGIN OF PRIYIARY STATE HIGHWAY NO. 1, SOUTH 188TH
STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE CONTNUING SOUTH 87°57'17" EAST 61.01 FEET;
THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT -OF -WAY MARGIN
OPPOSITE ENGINEER'S STATION JR 36 -00; THENCE SOUTH 82 °46'30" WEST
59.85 FEET; THENCE NORTH 07 °13'30" WEST 106.15 FEET; THENCE ALONG A
ver. 05 -26 -09 Exhibit 2 -24
CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE
OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION,
IF ANY, LYING WITHN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH
188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE
OF WASHINGTON.
PARCEL 352304 -9090:
THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M.,
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF
SAID SUBDIVISION; THENCE ALONG THE SOUTH LINE THEREOF SOUTH
87 °50'57" EAST 365.16 FEET; THENCE NORTH 02 °09'03" EAST 137.09 FEET;
THENCE NORTH 23 °27'57" EAST 179.32 FEET TO THE SOUTHWESTERLY
MARGIN OF SOUTH 178TH STREET; THENCE ALONG SAID MARGIN SOUTH
60 °38'09" EAST 10.11 FEET; THENCE ALONG SAID MARGIN SOUTHEASTERLY
ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 208.74
FEET, A DISTANNCE OF 10.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID MARGIN AND SAID CURVE A DISTANCE
OF 70.00 FEET; THENCE SOUTH 21 °38'27" WEST 120.39 FEET; THENCE NORTH
68 °52'03" WEST 70.06 FEET; THENCE NORTH 23 °27'57" EAST 145.00 FEET TO
THE TRUE POINT OF BEGINNING; SITUATE N THE CITY OF TUKWILA,
COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9104:
THAT PORTION OF GOVERNMENT LOT 5 AND OF THE SOUTHWEST 1 /4 OF
THE NORTHEAST OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST,
W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A MONUMENT AT
NORTHEAST CORNER OF SAID SOUTHWEST Y4 OF THE NORTHEAST 1 /4;
THENCE SOUTH 07 °44'56" WEST 956.67 FEET TO A POINT OF A CURVE;
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2500 FEET
THROUGH A CENTRAL ANGLE OF 05 °22'20 AN ARC DISTANCE OF 234.41
FEET; THENCE NORTH 76 °52'44" WEST 30 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 69 °15'04" WEST 55.31 FEET; THENCE NORTH
30 °55'15" WEST 56.43 FEET; THENCE NORTH 82 °15'04" WEST 185.24 FEET;
THENCE SOUTH 07 °44'56" WEST 51.23 FEET; THENCE ALONG A CURVE TO
THE RIGHT RADIUS 447.465 FEET THROUGH A CENTRAL ANGLE OF 13 °00'00"
AN ARC DISTANCE OF 108.33 FEET; THENCE SOUTH 20 °44'56" WEST 396
FEET; THENCE SOUTH 69 °15'04" EAST 180 FEET; THENCE SOUTH 20 °44'56"
WEST 15 FEET; THENCE SOUTH 69 °15'04" EAST 85.77 FEET; THENCE ALONG
A CURVE TO THE LEFT WITH A RADIUS OF 2470 FEET THROUGH A CENTRAL
ANGLE OF 13°22'12" AN ARC DISTANCE OF 576.38 FEET TO THE TRUE PONT
OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING,
STATE OF WASHINGTON.
ver. 05 -26 -09
Exhibit 2 -25
PARCEL 352304 -9108:
A 20.0 FOOT WIDE STRIP OF LAND LOCATED WITHIN THAT PORTION OF
THE EAST 1/ 2 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,
LYING SOUTHERLY OF THE SOUTHERLY LINE OF SOUTH 180TH STREET,
HAVING 10.0 FEET OF SUCH WIDTH ON EITHER SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE: BEGINNING AT A MONUMENT AT THE
INTERSECTION OF THE CENTERLINE OF ANDOVER PARK WEST WITH THE
CENTERLINE OF SOUTH 180TH STREET; THENCE SOUTH 87 °50'09" EAST,
309.00 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT,
HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF
08 °25'33 AN ARC DISTANCE OF 44.12 FEET; THENCE ALONG A CURVE TO
THE RIGHT, WHOSE CENTER BEARS NORTH 77 °23'28" WEST, HAVING A
RADIUS OF 572.96 FEET, THROUGH A CENTRAL ANGLE OF 03 °49'21 AN ARC
DISTANCE OF 38.23 FEET, TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 572.96
FEET, THROUGH A CENTRAL ANGLE OF 00 °25'46 AN ARC DISTANCE OF
4.29 FEET, TO A POINT OF COMPOUND CURVE; THENCE ALONG A 14°
CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 58°14'17", AN ARC
DISTANCE OF 415.99 FEET; THENCE SOUTH 75 °05'56" WEST, 139.64 FEET TO
A POINT OF CURVE; THENCE ALONG A 14° CURVE TO THE LEFT, THROUGH
A CENTRAL ANGLE OF 55 °41'00 AN ARC DISTANCE OF 397.74 FEET;
THENCE SOUTH 19 °24'56" WEST, 161.29 FEET TO A POINT OF CURVE;
THENCE ALONG A 12° CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE
OF 11 °40'00 AN ARC DISTANCE OF 97.22 FEET; THENCE SOUTH 07 °44'56"
WEST, 261.95 FEET TO A POINT OF CURVE; THENCE ALONG A 12° CURVE TO
THE RIGHT, THROUGH A CENTRAL ANGLE OF 13 °00'00 AN ARC DISTANCE
OF 108.33 FEET; THENCE SOUTH 20 °44'56" WEST, A DISTANCE OF 400.00 FEET
TO THE TERMINUS OF THIS CENTERLINE; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9109:
THAT PORTION OF THE SOUTHWEST 1 /4 OF THE NORTHEAST 11 /4 OF THE
NORTHWEST 1 /4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, M.M.,
LYING SOUTH AND WEST OF P.J. MUS IFL ROAD (SOUTH 178TH STREET),
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF
SAID SOUTHWEST OF THE NORTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SAID
SECTION; THENCE NORTH 01° 49' 41" EAST ALONG THE WEST LINE OF SAID
SOUTHWEST 1/4 503.47 FEET TO A POINT ON THE SOUTHERLY MARGIN OF
SAID P.J. MUS I KL ROAD; THENCE SOUTH 65° 26 33" EAST ALONG SAID
SOUTHERLY MARGIN, 374.01 FEET; THENCE SOUTH 55° 13' 03" EAST 104.12
FEET; THENCE SOUTH 23° 27' 57" WEST 180 FEET; THENCE NORTH 87° 50' 57"
WEST 25 FEET; THENCE SOUTH 23° 27' 57" WEST 147.13 FEET; THENCE
NORTH 87° 50' 57" WESDT 286.71 FEET TO THE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF SOUTH 187TH STREET, MUS I F;L ROAD,
ver. 05 -26 -09 Exhibit 2 -26
AS VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 556 AND
RECORDED UNDER RECORDING NO. 6516240 64055081; EXCEPT THAT
PORTION CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED
UNDER RECORDING NO. 64055081. SITUATE IN THE CITY OF TUKWILA,
COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9112:
LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. 85- 19 -SS, RECORDED UNDER
KING COUNTY RECORDING NO. 8505090619; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9115
PARCEL E OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02-
029, AS RECORDED UNDER -_L. e 1. RECORDING NO. 20021007900001;
RECORDS OF KING COUNTY: TOGETHER WITH AN EASEMENT FOR INGRESS
AND EGRESS AND UTILITIES OVER, ALONG, ACROSS, N AND THROUGH
PARCEL A (SHOWN AS "SEGALE DRIVE C OF CITY OF TUKWILA
11. 111
a.
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I9
COUNTY RECORDING NO. 20021007900001; SITUATE N THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9116:
PARCEL D OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02-
029, AS RECORDED UNDER RECORDING NO. 20021007900001, RECORDS OF
KING COUNTY; SITUATE N THE CITY OF TUKWILA, COUNTY OF KING,
STATE OF WASHINGTON.
PARCEL 352304 -9117:
vet. 05 -26 -09
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THAT PORTION OF THE SOUTHEAST Y4 OF THE SOUTHWEST %4 OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE
SOUTH 87 °58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO
A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE);
THENCE NORTH 01 °54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE
ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES
OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES;
NORTH 88 °05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT
RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 62 °10'00" AND AN ARC LENGTH OF 54.25 FEET;
THENCE NORTH 25 °55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00
FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 83 °13'26" AN ARC LENGTH OF 44.41
Exhibit 2 -27
FEET;THENCE SOUTH 70 °51'32" EAST 121.13 FEET TO THE END OF SAID
EASEMENT; THENCE SOUTH 19 °08'28" WEST 10.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUE SOUTH 19 °08'28" WEST 100.00 FEET;
THENCE NORTH 70 °51'32" WEST 100.00 FEET; THENCE NORTH 19 °08'28"
EAST 100.00 FEET; THENCE SOUTH 70 °51'32" EAST 100.00 FEET TO THE POINT
OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 352304 -9118:
PARCEL F OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L99-
0008, AS RECORDED UNDER RECORDING NO. 9906099010, RECORDS OF
KING COUNTY, LOCATED WITHIN SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M.; SITUATE IN THE CITY OF TUKWILA, COUNTY OF
KING, STATE OF WASHINGTON
PARCEL 352304 -9119:
PARCEL A OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02-
029, AS RECORDED UNDER RECORDING NO. 20021007900001, RECORDS OF
KING COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING,
STATE OF WASHINGTON.
PARCEL 352304 -9120:
THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE SOUTH 87 °50'09"
EAST ALONG THE NORTH LINE THEREOF 449.30 FEET; THENCE SOUTH
02 °09'51" WEST 36.00 FEET TO THE SOUTH MARGIN OF SOUTH 180TH
STREET AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 °50'09"
EAST ALONG SAID SOUTH MARGIN 786.92 FEET; THENCE ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL
ANGLE OF 95 °35'05" AN ARC DISTANCE OF 83.41 FEET; THENCE SOUTH
07 °44'56" WEST 348.56 FEET; THENCE NORTH 87 °50'09" WEST 802.76 FEET;
THENCE NORTH 02 °09'51" EAST 401.77 FEET TO THE TRUE POINT OF
BEGINNING; (ALSO KNOWN AS LOT 3 OF CITY OF TUKWILA BOUNDARY
LINE ADJUSTMENT NO. 93 -0085, RECORDED UNDER KING COUNTY
RECORDING NO. 9311301961); SITUATE IN THE CITY OF TUKWILA, COUNTY
OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9121:
LOT 4 OF BOUNDARY LINE ADJUSTMENT NO. 93 -0085, RECORDED UNDER
KING COUNTY RECORDING NO. 9311301961, RECORDS OF KING COUNTY,
ver. 05 -26 -09 Exhibit 2 -28
WASHINGTON; BEING A PORTION OF THE SOUTHWEST V4 OF THE
NORTHEAST 1 /4 AND GOVERNMENT LOTS 2 AND 5 IN SECTION 35, TOWNSHIP
23 NORTH, RANGE 4 EAST, W.M. SITUATE IN THE CITY OF TUKWILA,
COUNTY OF KItii TG, STATE OF WASHINGTON.
PARCEL 352304 -9017:
THAT PORTION OF GOVERNMENT LOT 7, SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING ON THE
EASTERLY MARGIN OF COUNTY ROAD IN GOVERNMENT LOT 7, IN SAID
SECTION AT A POINT SOUTH 89 °03'20" EAST 1,656.75 FEET AND NORTH
00 °56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08 °13'05" EAST 36.70
FEET; THENCE SOUTH 19 °59'25" WEST 520.10 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 73 °05'40" EAST 233.32 FEET;
THENCE NORTH 16 °29'55" EAST 374.00 FEET; THENCE NORTH 66 °02'38"
WEST 211.14 FEET TO A POINT WHICH BEARS NORTH 19 °59'25" EAST FROM
THE TRUE POINT OF BEGININTNG; THENCE SOUTH 19 °59'25" WEST 420.10
FEET TO THE TRUE POINT OF BEGNTNING; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 0322049020 (ZGRAGGEN EASEMENT AREA):
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE
W.M., KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE
NORTH 89° 38' 12 "EAST ALONG THE SOUTH LINE OF SAID SUBDIVISION A
DISTANCE OF 442.17 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 25°
39'15"EAST 1478.76 FEET TO A PONT ON THE NORTH LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10;
THENCE SOUTH 89° 45'55 "WEST ALONG SAID NORTH LINE 112.43 FEET;
THENCE SOUTHERLY THE FOLLOWING COURSES; SOUTH 43° 22'57 "WEST
64.64 FEET; THENCE SOUTH 34° 43'25 "WEST 147.78 FEET; THENCE SOUTH 42°
25'05 "WEST 375.79 FEET; THENCE SOUTH 39° 30'43 "WEST 99.04 FEET;
THENCE NORTH 79° 43'59 "WEST 97.03 FEET TO AN ANGLE POINT ON THE
BOUNDARY L iNE OF THE ST. PATRICK CEMETERY; THENCE SOUTH 32°
46'02 "WEST ALONG THE EAST LINE OF SAID CEMETERY A DISTANCE OF
176.58 FEET; THENCE SOUTH 89° 46'02 "WEST ALONG THE SOUTH LINE OF
SAID CEMETERY 180.04 FEET; THENCE LEAVING THE BOUNDARY OF SAID
CEMETERY SOUTH 68° 27'52 "WEST 167.68 FEET TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10;
THENCE SOUTH 00° 12'08 "EAST ALONG SAID WEST LINE 619.60 FEET TO THE
POINT OF BEGINNING.
ver. 05 -26 -09 Exhibit 2 -29
PARCEL 032204 -9102:
PORTION OF THE SOUTHEAST OF SECTION 3, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A STONE MONUMENT WHICH IS THE SOUTHEAST CORNER
OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE SOUTH
89 °36'00" WEST ALONG THE SOUTH LINE OF SAID SECTION 3, A DISTANCE
OF 1,326.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
89 °36'00" WEST, ALONG SAID SECTION LINE, 866.40 FEET; THENCE NORTH
26 °08'00" EAST 1,477.50 FEET TO THE SOUTH LINE OF SOUTH 204 STREET;
THENCE SOUTH 89 °37'00" EAST, ALONG SAID ROAD, 791.30 FEET; THENCE
SOUTH 35 °36'00" WEST 973.80 FEET, ALONG THE WEST BANK OF DRAINAGE
DITCH; THENCE SOUTH 0 °38'00" WEST 522.90 FEET, ALONG THE WEST BANK
OF DRAINAGE DITCH TO THE POINT OF BEGINNING; SITUATE IN THE CITY
OF KENT, COUNTY OF Khi IG, STATE OF WASHINGTON.
TOGETHER WITH ALL RIGHTS, TITLE, INTERESTS, LICENSES, PRIVILEGES,
REVERSIONS AND EASEMENTS APPURTENANT OR ATTACHING THERETO
BY OPERATION OF LAW TO ALL OF THE ABOVE DESCRIBED PARCELS.
ver. 05 -26 -09
Exhibit 2 -30
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EXHIBIT 6
EXPANSION AREAS LEGAL DESCRIPTION
EXPANSION PARCEL #1: 032204 -9049
THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHN THE SOUTHEAST
1 /4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS
CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT -OF -WAY,
FOR THE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING
COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF
KENT, COUNTY OF KING, STATE OF WASHINGTON.
EXPANSION PARCEL #2: 032204 -9052:
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS:
BEGI NING AT A PONT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH
01° 11'00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE
NORTH 01° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87
FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° 11'
06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06"
WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST
QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE
SOUTHWESTERLY 138 FEET TO A PONT 120 FEET EAST OF THE POINT OF
BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF
BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH
STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF
AUGUST 1, 1999; 0GE HER WITH AN EASEMENT FOR ROADWAY AS
l-9
Ii
COUNTY RECORDING NO. 373133S; SITUATE N THE COUNTY OF Kli TG,
STATE OF WASHINGTON.
EXPANSION PARCEL #3: 352304 -9014:
THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 35, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ANNA MESS COUNTY
ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH) AND
SOUTHWESTERLY OF A LINE, DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT N THE SOUTHEASTERLY MARGIN OF SAID ANNA MESS COUNTY
ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH),
WHICH POINT IS MARKED BY AN IRON PIPE AND FROM WHICH POINT THE
SOUTHWEST CORNER OF SAID GOVERNMENT LOT 6 BEARS SOUTH 00° 58'
10" WEST 313.17 FEET SOUTH AND NORTH 89° 01' 50" WEST 505.54 FEET,
SAID DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO
ver. 05 -26 -09 Exhibit 6 -1
AND ALONG THE SOUTH BOUNDARY LINE OF SAID GOVERNMENT LOT;
THENCE SOUTH 67° 36' 00" EAST 380.45 FEET TO AN IRON PIPE; THENCE
CONTINUING SOUTH 67° 36' 00" EAST 50 FEET, MORE OR LESS, TO THE
BANK OF GREEN RIVER; SITUATE IN THE CITY OF TUKWILA, COUNTY OF
KING, STATE OF WASHINGTON.
EXPANSION PARCEL #4: 352304 -9081
THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT FROM WHICH THE NORTHWEST CORNER OF SAID GOVERNMENT
LOT 7 BEARS SOUTH 00° 58' 10" WEST 313.17 FEET AND NORTH 89° 01' 50"
WEST, 505.54 FEET, SAID DISTANCES BEING MEASURED RESPECTIVELY AT
RIGHT ANGLES TO AND ALONG THE NORTH BOUNDARY LINE OF SAID
GOVERNMENT LOT, SAID POINT BEING MARKED BY A CONCRETE
MONUMENT SET BY R. W. JONES AND ASSOC. ENGINEERS AND SURVEYORS
ON OCTOBER 4, 1966;THENCE SOUTH 67° 36' 00" EAST 248.63 FEET; THENCE
SOUTH 23° 57' 22" WEST 352.69 FEET TO THE TRUE POINT OF BEGINNING;
THE NORTH 66° 02' 38" WEST 250 FEET, MORE OR LESS, TO THE EAST LINE
OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY
57TH AVENUE SOUTH); THENCE NORTH 23° 27' 22" EAST 5.14 FEET TO THE
NORTH LINE GOVERNMENT LOT 7; THENCE SOUTH 89° 01' 50" EAST TO
BANK OF GREEN RIVER; THENCE SOUTHWESTERLY ALONG SAID RIVER
BANK, TO A POINT THAT BEARS SOUTH 66° 02' 38" EAST FROM THE TRUE
POINT OF BEGINNING; THENCE NORTH 66° 02' 38" WEST TO THE TRUE
POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF
KING, STATE OF WASHINGTON.
EXPANSION PARCEL #5: 352304 9034:
PARCEL B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER
L06 -029 RECORDED UNDER RECORDWG NO. 20060913900003; SITUATE IN
THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
EXPANSION PARCEL #6: 352304 9082:
THAT PORTION OF GOVERNMENT 7, SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING ON THE
EASTERLY MARGIN OF ANNA MESS COUNTY ROAD (SOUTHCENTER
PARKWAY, FORMERLY 57TH AVENUE SOUTH) IN GOVERNMENT LOT 7, IN
SAID SECTION AT A POINT SOUTH 89 °03'20" EAST 1,656.75 FEET AND NORTH
00 °56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08 °13'05" EAST 36.70
FEET; THENCE SOUTH 19 °59'25" WEST 520.10 FEET; THENCE SOUTH 73 °05'40"
EAST 233.32 FEET; THENCE NORTH 16 °29'55" EAST 474.00 FEET TO THE TRUE
ver. 05 -26 -09 Exhibit 6 -2
POINT OF BEGINNING; THENCE CONTINUING NORTH 16 °29" 55" EAST 100
FEET; THENCE SOUTH 64°1T20" EAST 232.26 FEET TO THE BANK OF GREEN
RIVER; THENCE NORTHERLY ALONG SAID BANK OF GREEN RIVER TO A
LINE ESTABLISHED BY DEED RECORDED UNDER KING COUNTY
RECORDING NO. 7308030425; THENCE ALONG SAID LINE NORTH 66 °0T38"
WEST 250 FEET TO A PONT ON THE EASTERLY MARGIN OF COUNTY ROAD
WHICH BEARS SOUTH 25 °01'18" WEST 5.14 FEET FROM THE NORTH LINE OF
SAID GOVERNMENT LOT 7; THENCE SOUTH 25 °01'18" WEST ALONG SAID
ROAD MARGIN TO A POINT SOUTH 89 °03'20" EAST 1,656.75 FEET AND NORTH
00 °56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08 °13'05" EAST 36.70
FEET; THENCE SOUTH 19 °59'25" WEST TO A PONT WHICH BEARS NORTH
66 °0T38" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH
66 °02'38" EAST 211.14 FEET TO THE TRUE POINT OF BEGINNING; SITUATE 11N
THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
EXPANSION PARCEL #7: 022204 -9061 "CITY DETENTION POND
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.;
THENCE NORTH 89 °16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF
SAID SECTION, 458.30 FEET; THENCE NORTH 02 °40'47" EAST 53.72 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 °40'47" EAST
68.04 FEET; THENCE NORTH 20 °24'53" EAST 88.72 FEET; THENCE NORTH
49 °07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE
SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40 °52'58"
EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON
A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49 °07'02" WEST
798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON- TANGENT
CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84 °31'00" WEST
40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89 °16'32" WEST
190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF
KING, STATE OF WASHINGTON.
EXPANSION PARCEL #8: "CITY TRIANGULAR PARCEL
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,
DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID
SUBDIVISION; THENCE NORTH 87 °50'57" WEST, 243.15 FEET; THENCE NORTH
02 °09'03" EAST 248.09 FEET TO THE TRUE POINT OF BEGNNNG; THENCE
NORTH 78 °00'27" EAST 38.15 FEET TO THE WESTERLY MARGIN OF SOUTH
CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING
COUNTY RECORDING NO. 6343848; THENCE SOUTH 11 °59'33" EAST 164.65
ver. 05 -26 -09 Exhibit 6 -3
FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 537.14 FEET, THROUGH A CENTRAL ANGLE OF 00 °08'00 AN ARC
DISTANCE OF 1.25 FEET; THENCE NORTH 24 °56'33" WEST 170.23 FEET TO THE
TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE EAST
HALF OF P. J. MUS I b L ROAD ABUTTING THE WEST LINE OF THE PROPERTY
ABOVE DESCRIBED, AND BOUNDED ON THE WEST BY THAT PORTION
VACATED UNDER CITY OF TUKWILA VACATION ORDINANCE NO. 626, ON
THE SOUTH BY THE NORTH MARGIN OF THE NEW ALIGNMENT OF P. J.
MUSTF,L COUNTY ROAD AND ITS EXTENSION EASTERLY AND NORTHERLY
(ALONG THE 50 FOOT RADIUS CURVE) TO THE INTERSECTION WITH THE
WEST MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED
RECORDED UNDER KING COUNTY RECORDING NO. 6343848, AND ON THE
NORTH BY THE SOUTHWESTERLY EXTENSION OF THE NORTH LINE OF THE
PROPERTY DESCRIBED ABOVE; SITUATE IN THE COUNTY OF KING, STATE
OF WASHINGTON.
EXPANSION PARCEL #9: 352304 -9037
[A PORTION OF THE FOLLOWING DESCRIBED PARCEL THAT MAY BE
ACQUIRED BYLA PIANTAJ
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF PRIMARY STATE
HIGHWAY NO. 1 (SR 5) AS CONVEYED TO THE STATE OF WASHINGTON BY
DEEDS RECORDED UNDER RECORDING NOS. 5517861 AND 6120867, AND THE
NORTH LINE OF SAID SUBDIVISION;
THENCE SOUTH 87 °56'03" EAST, ALONG THE NORTH LINE OF SAID
SUBDIVISION, TO A POINT WHICH IS SOUTH 87 °56' EAST, 960 FEET FROM
THE WEST QUARTER CORNER OF SAID SECTION 35;
THENCE SOUTH 53 °24'59" WEST TO A POINT ON THE NORTHERLY LINE OF
SAID PRIMARY STATE HIGHWAY NO. 1 (SR 5);
THENCE WESTERLY AND NORTHERLY, ALONG SAID PRIMARY STATE
HIGHWAY NO. 1 (SR 5), TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR
ORILLIA ROAD EXTENSION NORTH BY DEED RECORDED UNDER
RECORDING NO. 2748338;
EXPANSION PARCEL #10: 352304 -9124
[A PORTION OF THE FOLLOWING DESCRIBED PARCEL THAT MAYBE
ACQUIRED BYLA PIANTAJ
ver. 05 -26 -09 Exhibit 6 -4
THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING WESTERLY
OF A LINE DRAWN PARALLEL WITH AND 700 FEET EASTERLY MEASURED
AT RIGHT ANGLES TO THE LW LINE SURVEY OF SR 5 (PSH NO. 1), JCT. S.S.H.
NO. 5 -A TO SOUTH 178TH STREET AND WESTERLY OF A LINE DRAWN
PARALLEL WITH AND 700 FEET EASTERLY MEASURED AT RIGHT ANGLES
TO THE LW LINE SURVEY OF SR 5 (PSH NO. 1), SOUTH 188TH STREET
INTERCHANGE;
EXCEPT THAT PORTION LYING NORTHERLY OF A LINE DRAWN AT RIGHT
ANGLES FROM SAID LW LINE SURVEY AT HIGHWAY ENGINEERS STATION
LW 2455 +00.0;
AND EXCEPT THAT PORTION LYING SOUTHERLY OF A LINE DRAWN AT
RIGHT ANGLES FROM SAID LW LINE SURVEY FROM HIGHWAY ENGINEERS
STATION LW 2445 +33.3;
AND EXCEPT THAT PORTION LYING WESTERLY OF A LINE DRAWN
PARALLEL WITH AND 215 FEET EASTERLY OF THE SAID LW SURVEY L iNES;
ALL SITUATE MI THE CITY OF TUKWILA, COUNTY OF K NG, STATE OF
WASHINGTON.
TOGETHER WITH ALL RIGHTS, TITLE, INTERESTS, LICENSES, PRIVILEGES,
REVERSIONS AND EASEMENTS APPURTENANT OR ATTACHING THERETO
BY OPERATION OF LAW TO ALL OF THE ABOVE DESCRIBED PARCELS.
ver. 05 -26 -09 Exhibit 6 -5
Exhibit 7
Sourtt c �sNr1 6
DENOTES PIQHT OP WAY TO
BE VACATED.
DENOTES FIOHT OP WAY TO
BE DEDICATED
6
.004 MEM
e
Return to:
THIS DEED OF TRUST, made this day of
whose address is
DEED OF TRUST
(For Use In the State of Washington Only)
TITLE COMPANY, a corporation, TRUSTEE, whose address is
between
,GRANTOR,
BENEFICIARY,
whose address is
WITNESSETH: Grantor hereby bargains, sells, and conveys to Trustee in trust, with power of sale, the
following described real property in County,
Washington:
Additional on page
Assessor's Tax Parcel IDg
which real property is npt used principally for agricultural or farming purposes, together with all the tenements,
hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the
rents, issues and profits ereo£
This deed is for the p se of securing performance of each agreement of grantor herein contained, and
Grantor's obligation under Section 4.8.1 of that certain Development Agreement between Grantor and
Beneficiary dated the day of .2009 and approved by the Beneficiary's City Council as
Ordinance on .2009,
and also such further sums
as may be advanced orloaned by Beneficiary to Grantor, or any of their successors or assigns, together with
interest thereon at such Bate as shall be agreed upon.
To protect the security of this Deed of Trust, Grantor covenants and agrees:
1. To kcep the property in good condition end repair; to permit no waste thereof, to complete any building, structure or Improvements
being built or about to be built thereon; to restore promptly any building, structure, or Improvement thereon which rosy be damaged or
destroyed; and to comply wilt ail taws, ordlnnntes, regulations, covenants, conditions and restrictions affecting the property.
2. To pay before delinquent l lawful taxes and assessments upon the property; to keep the property free and clear of all other charges,
liens orencumbraners Impairing the security of this Deed of Trust
3. To keep all buildings now or hereafter erected on the property described herein continuously insured
against loss by fire or other hazards in an amount not less than 90% of the insurable value thereof All
policies shall name Beneficiary as a loss payee as its interest may appear. In the event of foreclosure, all
rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale.
4. To defend any =don or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay
all costs and expenses, lnelu4ng cost of title search and anomey's feu In reasonable amount, In any such action or proceeding, In any
sult brought by Beneficiary to oreclose this Deed of Trust.
5. To pay all costs, fees and etxpenses in connection with this Deed of Trust, including the expenses of the Trustee Incurred to enforcing the
obligation secured hereby andTrustee's and attomey's fees actually Incurred, as provided by statute.
6. Should Grantor fail to pay when due any taxes, assessments, huurance premiums, Ilan eneumbrnees or other charges against the
property berelnebove described. Beneficiary rosy pay the same, and the amount no paid, with Interest at the rate set forth In the note
secured hereby, shall be addeQ to and become a pan of the debt secured In this Decd of Taut.
Exhibit 8
IT IS MUTUALLY AGREED THAT
1. In the event any portion of the property s taken or damaged in an eminent domain proceeding, the entire amount of the award or such
portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation.
2. By accepting payment of any sum scared hereby after Its dun date, Beneficiary does not waive its right to require prompt payment
when due of all other sums no secured or to declare default for failure to so pay.
3. The Trustee shall reconvcy all or any part of the property covered by this Dc :d of Trust to the person entitled thereto, on written request
of the Grantor and the Beneficiary,.or upon satisfaction of the obligation secured and written request fir reconveyance mad: by the
Beneficiary or the person entitled thereto.
4. Upon default by Grantor in the payment of any Indebtedness secured hereby or in the performance of any agreement contained herein,
all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request
of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, public auction
to the highest bidder. Any person except Trustee may bld atTrustec' {sale, Trustee shall apply the proceeds of the sales as follows. (1) to
the expense oldie sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Decd of Trost; and (3)
the surplus, if any, shall be distributed to rho persons entitled thereto.
5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to thc.purchaser the interest in the
property whtutn Grantor had or had the power to convey al the time of his execution of this Decd of Trust, and such as he may have
acquired thereafter, Trustee's deed shall recite the facts showing that Use sale was conducted in compliance with all the requirements of law
and this Decd of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona
fide purchaser and cncumbranccs for value.
6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the Sato of Washington s not an exclusive remedy,
Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage.
7. In the event of the death, Incapacity, disability, or resignation of Trustee, Beneficiary may appoint in m dting a successor trustee, and
upon the recording of such appointment In the mortgage raeords.of the county in which this Deed ofTnat Is recorded, Use successor trustee
shall be vested with all powers of the original trustee. The trustee is not obligated to notify any ply hereto of pending sale under any
other Deed of Trust or of an action or proceeding in which Grantor, Trustee ar Beneficiary shall be a party milers such action or proceeding
is brought by the Trustee.
S. This Deed of Trust applies to, Inures to the bereft of, and is binding not only on the parties hereto, but or(th:1r heirs, devisees, legatees,
administrators, executors and assigns. The term Beneficiary shall mean the holder and owner of the note recurred hereby, whether or not
named as Beneficiary herein.
9. The Addendum to Deed of Trust is incorporated by this reference as if fully set forth herein.
Dated
STATE OF WASHINGTON,
SS.
County of
Dated
residing at
My appointment expires
r
Printed Name
REQUEST FOR FULL RECONYEYANCE
Do not record Tri be used only when note has been paid.
Notary Seal
I hereby certify that I know or have satisfactory evidence
that
is the person(s) who appeared before me, and said person(s) acknowledged that (he, she', they) signed this
instrument, on oath stated that
authorized to execute the instrument and acknowledged it as the
of
to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument,
Notary Public in and for the State of Washington
TO: TRUSTEE.
The undersigned is the legal owner and holder of the note and all othcr indebtedness se nand by the within Deed of
Trust Said note, together with all other indebtedness secured by said Decd of Trust, has been fully paid and satisfied; and
you are hereby requested and directed, on payment to you of any sums owning to you under the jams of said Dad of Trust,
to cancel said note above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you
herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of
said Dud of Trost, all the estate now held by you thereunder.
Dated 19
Addendum to Deed of Trust
In the event of a default that entitles Beneficiary to foreclose on this Deed of
Trust, Beneficiary shall not foreclose this Deed of Trust until (1) Grantor shall
have failed after notice and 20 days to cure to pay the sum(s) required under the
terms of the Development Agreement, (2) Beneficiary has drawn on any letter of
credits (or cash deposit) provided by Grantor securing the obligation in default to
the maximum amount of the letter of credit (or cash deposit) and has applied the
sum(s) so drawn to the obligation in default, and (3) there remains outstanding
an additional sum due under the terms of the Development Agreement for which
this Deed of Trust has been granted as security.
BANK OF AMERICA- CONFIDENTIAL
DATE: APRIL SW 2009
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 009E959
BENEFICIARY
THE CITY OF TUKWILA
6200 SOUTHCENTER BLVD.
TUKWILA, WA 9818
AMiOUNT
NOT EXCEEDING USD 6,000-,000.00
NOT EXCEEDING SIX MILLION AND 00/100S US DOLLARS
EXPIRATION
DECEMBER al, 2 AT OUR COUNTERS
DRAFT
PAGE: 1
ISSUING BANK
BANK OF AMERICA, N.A.
10.00 W. TEMPLE STREET
7TH FLOOR, CA9-705-07-05
LOS ANGELES, CA 90012-1514
APPLICANT
LA PIANTA LLC
PO BOX 88028
TUKWII,TA, WA 9
AT THE REQUEST AND ON THE INSTRUCTIONS OF OUR CUSTOMER, LA PLANT A LLC
{THE ft:ACCOUNT PARTY"), WE HEREBY ISSUE .OUR IRREVOCABLE STANDBY LETTER
OP CREDIT NUMBER EN YOUR FAVOR, SUBJECT TO THE OTHER
PROVISIONS OF THIS LETTER OF CREDIT, YOU MAY OBTAIN THE FUNDS
AVAILABLE UNDER THIS LETTER OF CREDIT BY PRESENTMENT TO US OF ONE OR
MORE DRAFTS DRAWN ON BANK OF AMERICA,- N.A. BEARING THIS LETTER
CREDIT NUMBER AND-ACCOMPANIED BY THE DOCUMENTS DETAILED BELOW. THIS
LETTER OF CREDIT IS ISSUED IN:CONNECTION WITH THE
(THE "CONTRACT"),
THIS J1 OF :cy .I EFFECTIVE. IMMEDIATELY AND SHALL EXPIRE AT
SAO P.M. AT TM; OFFICE OF BANK OF AMERICA, N.A., 1000 WEST TEMPLE
STREET, 7TH FLOOR, MAIL CODE: CA9-705-07 LOS ANGELES, CA
90012-1514. ON THE DATE OF EXPIRY SHOWN.
THE FOLLOWING ,144.1,1, ACCOMPANY YOUR SIGHT DRAFT (S) UPON EACH DRAW
UNDER THIS LETTER OF rFEnIT:
1, ACERTIFICATION SIGNED BY AN AUTHORIZED OFFICER OF THE CITY, TO
THE EYFECT THAT THE ACCOUNT PARTY HAS FAILED TO PERFORM AN OBLIGATION
AS SET FORTH IN SECTION (E) OF THE CONTRACT
DESPITE,- WHERE APPLICABLE, PRIOR DEMAND TO SO CURE AND THE EXPIRATION
OF TITE. APPLICABLE CURE PERIOD, AND THAT-AS A RESULT, THE CITY HAS
=WOW COSTS OR REASONABLY EXPECTS TO INCUR COSTS NOT IN EXCESS OF
THE AMOUNT DRAWN; OR
2. A CERTIFICATION SIGNED BY AN AUTHORIZED OFFICER OF THE CITY, TO
THE EFFECT THAT THE ACCOUNT PARTY HAS NOT PROVIDED THE CITY WITH A
Exhibit 9
BANK OF AMERICA CONFIDENTIAL PAGE: 2
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 4098959
REPLACEMENT LET'LER OF CREDIT. WITHIN THE TIME PERIOD REQUJIREL IN
SECTION OF THE CONTRACT,
3. A CERTIFICATION SIGNED BY AN AUTHORIZED OFFICER OF THE CITY OF
T JI WI LIB, WASHINGTON, TO THE EFFECT THAT THE ACCOUNT PARTY HAS NOT
PROVIDED THE CITY WITH A REPLACEMENT LETTER OF CREDIT SATISFACTORY TO
TEEM.
ADDITIONAL CONDITIONS
1. PARTIAL DRAWINGS ARE ALLOWED. BUT IiQT' REQUIRED TOTAL DRAWS
OUTSTANDING AT ANY TIME SMALL NOT EXCEED TEA AMOUNT SET FORTH ABOVE.
2. THE CITY SHALL RETURN THIS ORIGINAL LETTER ON` CREDIT, AND EACH
SUBSEQUENT AMENDMENT (S) AND YOUR AUTHORIZATION' TO CANCEL TO BANK OF
AMERICA, N.A UPON RECEIPT OF A REPLACEMENT LETTER OF CREDIT THAT
CONFORMS TO THE REQUIREMENTS OF THE CONTRACT.
a. TEE CI'i'f QF TU WII4A SHALL RETURN THIS ORI( INAL LETTER OF CREDIT,
AND EACH SUBSEQUENT AMENDMENT (S) AND YOUR AUTHORIZATION TO CANCEL TO
BANX OF AFRICA, N.A. UPON THE TERMINATION OF THE REQUIREMENT FOR
SUCH LETTER OF CREDIT UNDER SECTION OF THE
CONTRACT.
4. TNR AMOul.u. OF EACH DRAWING MUST BE ENDORSED ON THE REVERSE SIDE OF
THIS LETTER OF CREDIT BY THE BANX AND THIS CREDIT SHALL BE RETURNED
TO THE BENEFICIARY UNLESS THE AMOUNT OF THE DRAW SHALL BE FOR THE
FULL OR ENTIRE AMOUlgT REMAINING TINDER THIS LETTER OF CREDIT.
5. AN °AU HORIZED OFFICER OF THE CITY" SHALL MEAN THE MAYOR OR THE
CITY ADMINISTRATOR.
WHEN WE RECEIVE A DRAFT ACCOMPANIED BY DOCUMENTATION AS DESCRIBED
ABOVE AND YOUR REMITTANCE INSTRUCTIONS AT OR PRIOR TO 8:00 A.M.,
PACIFIC TIME, ON A BUSINESS DAY, WE WILL MAKE PAYMENT BY 5;00 P M
PACIFIC TWEE, ON THE NEXT BUSINESS DAY`. IF WE RECEIVE SUCH ITEMS
AFTER THE TIMES SPECIFIED:, WE WILL MARE PAYMENT BY 8:00 A.M., PACIFIC
TIME, ON THE SECOND BUSINESS DAY THEREAFTER.
EACH DRAFT PRESENTED FOR 1 PAYMENT AGAINST THIS LETTER OF CREDIT AND
BACH ACCOMPANYING CERTIFICATION MUST BE DATED THE DATE OF ITS
PRESENTATION TO US, AND MAY BE PRESENTED ONLY ON A BUSINESS DAY. AS
USED IN THIS LETTER OF CREDIT, "BUSINESS DAY" SHALL MEAN ANY DAY
OTHER THAN (I) A SATURDAY OR A SUNDAY, (II) A DAY ON WHICH COMMERCIAL
BANKS IN LOS ANGELES, CALIFORNIA ARE AUTHORIZED OR REQUIRED BY LAW OR
EXECt4TIVE ORDER TO CLOSE
DRAFTS MUST BE MARKED CONSPICUOUSLY "DRAWN UNDER BANK OF AMERICA,
N.A. IRREVOCABLE STANDBY LETTER OF CREDIT NO. THE
CERTIFICATIONS YOU ARE REQUIRED TO SUBMIT TO US ALONG WITH YOUR DRAFT
DRAFT
BANK OF AFRICA CONFIDENTIAL,
PAGE: 3
THIS IS. -AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: ?98959
OR DRAFTS SHOULD BE PREPARED EITHER (1) TN THE FORM OF A LE°T"IER OIL
YOURLETTERHEAD SIGNED-BY YOUR AUTHORIZED OFFICERS OR (II) IN THE
POEM OF A FACSIMILE COPY OF SUCH A LETTER SENT BY ONE OF THEM TO_
213--457 8841. IN SUCH EVENT, TEE ORIGINAL LETTER OF CREDIT AND
AMENDMENTS, IF ANY, ARE NOT REQUIRED FOR PRESENTATION.
OTHER THAN THE FOREGOING PROVISIONS FOR COMMUNICATION BY FACSIMILE
COPY, COMMUNICATIONS WITH RESPECT TO THIS LETTER OF CREDIT SHALL BE
IN WRITING AND SHALL BE ADDRESSED TO D'S AT BANK OF AMERICA, N.A.,
100.0 WEST TEMPLE STREET, 7TH FLOOR, MAIL CODE: CA9- 705- 07 -05, LOS
ANGELES, CA:90012- 1 ATTN: STANDBY LETTER OF CREDIT DEPT.,
SPECIFICALLY REFERRING TO THE NUMBER AND DATE OF THIS LETTER OF
CREDIT. EXCEPT AS PROVIDED ABOVE WITH RESPECT TO COMMUNICATION BY
FACSIMILE, ALL COMMUNICATIONS SHALL BE DELIVERED IN PERSON OR SENT BY
NATIONALLY RECOGNIZED COURIER (SUCH AS FEDERAL EXPRESS, DHL, U.S.
POSTAL, SERVICE EXPRESS MAIL, ETC.), WITH ALL CHARGES PREPAID.
IF A DEHAkND FOR PA;Y'MENT Ma B1 YOU HORETIOPER DOES NOT, IN. ANY
INSTANCE, CONFORM TO TO TE1 S AI'ID _CONDITIONS OF THIS LETTER OF
CREDIT, WE *SHALL GIVE YOU PROMPT NOTICE THAT THE DEMAND WAS NOT
EFFECTED IN WITH THIS LETTER OP CREDIT, STATING THE
REASONS. THEREFORE AND THAT WE ARE HOLDING DOCUMENTS AT YOUR
DISPOSAL OR ARE RETURNING THEM TO YOU, AS WE MAY ELECT. UPON BEING
NOTIFIED THAT THE DEMAND WAS NOT EYFECTED IN CONFORMITY WITH THIS
LETTER OF CREDIT, YOU MAY ATTEMPT TO CORRECT ANY SUCH NONCONFORMING
DEMAND FOR PAYMENT IF,- AND TO THE, EXTENT THAT YOU ARE ENTITLED
(WITHOUT REGARD TO THE PROVISIONS OP THIS SENTENCE) AND ABLE TO DO
SO.
BY P4YINQ YOU AN AMOUNT DEMANDED IN ACCORDANCE WITH IBIS LETTER OF
CREDIT, WE MAKE NO REPRESENTATION AS TO THE CORRECTNESS OF THE AMOUNT
DEMANDED OR YOUR CALCULATIONS AND REPRESENTATIONS ON THE CERTIFICATES
REQUIRED OF YOU BY THIS LETTER OF CREDIT. OUR PAYMENT OF THE AMOUNT
DEMANDED IN ACCORDANCE WITH LETTER OF CREDIT SHALL NOT BE
CONSTRUED TO LIMIT ANY OTHER REMEDIES THAT YOU MAY HAVE AT LAW OR
EQUITY COLLECT AMOUNTS DUE FROM BENEFICIARY:
THIS LETTER OF C EDIT- CANNOT BE MODIFIED-OR REVOKED WITHOUT YOUR
CONSENT.
PARTIAL DRAWING AND MULTIPLE PRESENTATIONS ARE PERMITTED UNDER THIS
LETTER OF CREDIT
THIS LETTER OF CRi?III' SELL BE GQ
ACCORDANCE WITH THE INTERNATIONAL
STANDBY PRACTICES,- PUBLICATION NO.
EXTENT NOT INCONSISTENT THEREWITH,
WASHINGTON:
VERNED BY AND CONSTRUED IN
CHAMBER OF COMMERCE INTERNATION ?AL
59-0 (1998 REVISION) AND, TO THE
THE LAWS OF THE STATE OF
DRAFT
BANK OF AMERICA CONFIDENTIAL PAGE 4
THIS IS AN INTEGRAL PART OF LEiihR OF CREDIT NUMBER: 098959
IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS
TRANSACTION, PLEASE CALL 1--8O 0-541-6095 OPT 1.
AUTEORIZED SIGNATURE
THIS DOCUMENT CONSISTS OF 4 PAGE(S).
FOR ttA Z=.1?-1.ri rtif-7,3" rIgT
xt
Tia5 'F-0`-",141
Exhibit 10
PROPOSED ORILLIA ROAD CONNECTOR
FOR
TUKWILA SOUTH PROJECT
t i
GOLDSMITH
LAND DEVELOPMENT SEaVICES
0
0
n
i
E1
Exhibit 10
South Tukwila EIS
Trip Gplerautin
1 Project No. ?252
P_M.'Peak Hour Trip Generation
Parcels 1 A''
RESIDE9ttIAL 6 Uiun
louring Hai�.ye aL-o b+ 1%; i?7H for No Action altgrnib24
8
Parcel
OFFICE
WAREHOUSING
parcel C 4
EXISTING DEVELOPMENT TRIPS
3.547
134.300
GFA
GFA
OFFICE 8.595 GFA 710 17% 63;'a 3:49
DRIVING RANGE -65 T 432 44% 56% 1.25
(Oriv8 Rage kt t atc�A iar No Acrad AR ii+a5ye)
Parcels F G
OFFICE 197.25.9 GFA 710 {7% 83% 1.52 51 249 300
WAREHOUSING 1- 053. GFA 150 25°.5 7 01. 0.40 -105 317 422
MANUFACTURI NG 1.19.034 GFA 140 64% 0.59 37 66 103
Subtotal -993 .632 6i28 Parcel H (Parcel E in No Actron Alternatnie)
OFFICE 1.2.069 GFA 370 i8% 82% 3.23 7 32 39
WAREHOUSING 77.911 GFA 150 24% 76% 0.69 13 "41 54
Subtotal
Parcel L (Parcel R in No Altet•ariatide)
LIGHT INDUSTRIAL 25.086 GFA 110 10% 90• 0.98
ubt0tal
Parcel 0 a (Parcel J in No Action Alternative)
RESIDENTIAL 1
Page
Existing Trip Generation
•GAis fb
4isa*.e Trip 0 tr.ealfcri 1'ar'-aL 7 Ericel.. 2003 Lard the Coon.
7xcri 4 c.t iIcca ry Ns kNcia Acticn Akunava.
Trips Gen9at
ITE .Oirec8onal Spa PM P ■ak `•PM Peak Hcur
Area LJniti' LUC 4 -In ems" 'Out% Trio Rate In is .::Ta
210 67% 33 1.01
Subtotal
150
Subtntrl
2015 PA Trip G= .^.*T508
710 1715 8315 .248 16 .78 94
24% 769 0.61 20 62 62
SubtOtal 7 3 6 1 4 0 :176
36
25 30
45 .81
..70
26 29
Untts 210 100% 0% 1.01
Subtotal 1-- 0
Gross P.M. Peak Hour Trips Geherated -298: -943 -1,241
Exhibit 11