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HomeMy WebLinkAboutPermit 82-04-SMP - NENDELS - CHRISTENSEN HOTEL SHORELINE SUBSTANTIAL DEVELOPMENT82-04-smp 15901 west valley highway NENDELS CHRISTENSEN HOTEL SHORELINE SUBSTANTIAL DEVELOPMENT Gewerner • November 18, 185' ' : ' Nendels Motor c/o R.W. Thorpe & Associ. tes, Inc. 1300 Alaska Bldg. • ' • Seattle, WA. .98104 Gentlemen: Sincerely, inda' S. Rankin Permit Coordinator Shorelands Division ECY 050- 1 -30(a) Rev. 11/81 • stAi1R 01 wA,,1aoom • ..:. DEPARTMENT QF ECOLOGY Iv-i1 • dyad Wahivral 96901 se ato• •..0 • cc: City of Tukwila • • ( • LX :_� '` C OUNTY: King APPLICANT: Nendels Motor Inn • • REVISED SMA PERMIT PI KX None on appl • The subject Revised Shoreline Substantial Development Permit was received by this office on October 28, 1985. The review period the Department of Ecology and the Attorney General's Office will terminate fifteen (15) days from the above date of receipt. Construction pursuant to the revised permit may proceed during the review period provided that all other federal; state, and local laws regulating such construction have been complied with. • ication . Obsak r0V201985 PI DEPT. • IOHN SPEL MAN Govern Rick Beeler, Associate Planner City of Tukwilla 6200 South Center Blvd. Tukwilla, WA 98504 Dear Rick: DB:m STATE OF WASHINGTON Sincerely, iC51(4-,'X Don Beery V Management Section Shorelands Division DEPARTMENT OF ECOLOGY Mail Stop PV -11 • Olympia, Washington 98504 • (206) 459-6000 January 10, 1985 In response to your letter of December 27, 1984 regarding revision to shoreline permits, the department has always assumed a sub- stantial development permit is transferable with the sale of the property. As you know only local government has the authority to approve revisions; the department can appeal if we do not agree with your action. After reviewing the plans you sent me for the Hampton Motel, I can say that the department would not appeal the proposed revision. DONALD W. MOOS Director MERNRTO JAN 1 '' 1935 PLANNING r;EP'I•. City of Tukwila •1908 q December 27, 1984 Don Barry Shorelands Division Department of Ecology PV -11 Olympia, WA 98504 Dear Don: 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusen, Mayor Re: Shoreline Management Permit #N590-14-1361 (82 -4) To follow up our recent telephone conversation regarding proposed revisions to this permit the approved and revised plans and elevations are enclosed. Please review as quickly as possible and give me your comments. The two major issues are: 1. Can a different applicant request the revision and develop under the existing permit? The ownership and use remains unchanged. Instead of a Hilton Hotel, a Hampton Inn Hotel will be built on the site. We have discussed this before, but please confirm your earlier affirmative response. 2. Do both of the alternative revised plans (Phase I only) fit within the guidelines of an acceptable revision? Previously our discussions favored Alternative A, since it is closest to the approved plan. However, recently we have come to prefer Alternative B because of its preferred two -way access to West Valley Highway relative to recent WSDOT plans for improvements therein. The latter also moves the building bulk further away from the river. We plan on extending this permit under a separate letter this week. Critical deadlines for the applicant require us to process the revision through the Planning Commission under assumptions of your favorable response. On January 24, 1985, the Commission will review the matter, but your response will be most helpful if received by January 11, 1985. This will enable us to include your input in our staff report to the Commission. Thank you.for your prompt attention which is greatly appreciated. Call me at 433 -1847 if you have any questions. t Page -2- Mr. Don Barry_„ December 27, 1984 Respe , r � Rick Beeler Associate Planner RB /blk cc: Christensen Group, Inc. Brock Hotel Corporation Planning Director approved tukwila hotel HAMPTON INN HOTEL. Interior - Corridor Prototype approved ORDINARY HIGH WATER LINE GREEN RIVER Jt3IO•J PROPOSED HAMPTON INN TUKWILA WA. 12/07/84 SCALE: 1" 100' TOP OF BANK AREAS +/- HOTEL: 3.73 ACRES RESTAURANT: 1.75 ACRES TOTAL: 5.48 ACRES PARKING PROVIDED HOTEL: 260 RESTAURANT: 151 W J J 4 N W PHASE I -'148 ROOMS PHASE II- 106 ROOMS TOTAL 254 '� City of Tukwila •190B 6200 Southcenter Boulevard' Tukwila Washington 98188 December 27, 1984 C Gary L VanDusen, Mayor Kenneth W. Baines, President Christensen Group, Inc. 2500 N.E. Andresen Vancouver, Washington 98661 Re: Shoreline Management Permit nN 590 -14 -1361 Dear Mr. Baines: Per your letter of December 18, 1984, the City hereby extends the time period for commencing construction under this permit from January 1, 1985, to January 1, 1987, pursuant to WAC 173.14.060(1). This should provide sufficient time to secure the required permit revision from the Department of Ecology, the necessary building and construction permits, and completion of contracts. Please be aware the WAC 173.14.060(2) requires completion of the project by January 1, 1988. In the enclosed letter of December 27, 1984, to the Department of Ecology we requested formal responses to the issues of the rights of Hampton Inn to the Hotel Hilton shoreline permit and the acceptability of the proposed Hampton Inn plan revisions. 'Respectfully, C 2s2A.., Bradley J.rtolTins Planning Director BJC /RB /blk cc: Department of Ecology Christensen Group. d 2500 N.E. Andresen Vancouver, Washington 98661 (206) 696 -0381 (503) 285 -8321 December 18, 1984 Mr. Rick Beeler City of Tuckwi 6200 Southcenter Blvd, Tuckwila, WA 98188 Re: Shoreline Management Permit #82 -4 -SMP Dear Mr. Beeler: enneth W. Baines President KWB President KWB /mwc We are the owners of the real property upon which the captioned permit was issued. We abandoned the construction of our proposed hotel upon this property because of the financing costs. We are in the process of selling this property and plan on entering into a second option agreement with Robert A, Pofahl. Please extend this permit for the maximum amount of time possible. Thank you. Very Truly Yours, CHRISTENSEN GROUP, EXHIBIT A Sell C I e3j vavani 3 That portion of Henry Meader Donation Claim No. 46 lying within Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the center line of South 158th Street as the same was originally established, and the center line of West Valley Highway (SSH 2• -M); thence North 07 °40'58" West along center line of the said 'West Valley Highway 32.17 feet; thence South 86 °04'17" West 280.13 feet; thence North 07 °40'58" West 20 feet to the true point of beginning of this description; thence South 07 °40'58" East 20 feet; thence North 86 °04'17" East 220 feet to the Westerly line of said highway; thence Southerly along the Westerly margin of said highway South 07 °40'58" East 109.00 feet; thence South 02 °31'16" West 101.61 feet; thence South 07 °40'58" East 285.08 feet; thence leaving said Westerly margin South 86 °04'17" West to the Easterly bank of the reen River as now established; th 'ence te Wesrl`yV and Northerly along said river bank to a point which bears South 86 °04'17" West from the true point of beginning; thence North 86 °04'17" East to the true point of beginning; EXCEPT that portion thereof adjoining the Green. River, condemned by the State of Washington in the King County Superior Court .Cause No. 592029 AND EXCEPTING from the remainder of said premises a strip of land 10 feet in width lying aa.0171SiLly and Southeasterly of and immediately adjoining the excepted portion first above described. 2140A/77/0D -•STATE OFWASHINGTON § COUNTY OF KING• § • CONTRACT OF SALE AND PURCHASE THIS CONTRACT AND AGREEMENT made and entered into as of "the 23rd day of May , 1969, by and between HELEN B. . NELSEN, a resident of Renton, Washington (hereinafter called "Seller "), and REBMA WASHINGTON, INC., a Missouri corporation with a permit.to do business in the State of Washington (herein- after called "Purchaser "), W I T N E S S E T H: 1. Seller agrees to sell and convey to Purchaser, and Purchaser agrees.to purchase upon the terms and conditions herein stated, the described tract of land located and situated in King County, Washington, to -wit: That portion of the Henry Meader Donation Land Claim .No. 46 lying within Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as fol- lows: Commencing at the intersection of the centerlines of South 158th Street and the West Valley Highway (S.S.H. 2 -M); thence N 7° 40' 58" W along the centerline of said West Val- ley Highway 32.17 feet; thence S 86° 04' 17 ".W feet to the west margin of highway and the True Point of Begin- ning; thence continuing S 86° 04' 17" W 667 feet, more �r less, to the centerline of the Green River, as that line is now located; thence southerly and easterly following the meanders of said River to its point of intersection with the westerly margin of said West Valley Highway; thence northerly along - said westerly margin of said Highway, a distance of 505 feet, . more or less, to the.Point of Beginning and containing 5.5 acres, more or less, of usable land. 2. Prior to the date of closing, hereinafter specified, Purchaser agrees to have a survey made by a firm of civil engineers and land surveyors, at its own cost and expense. 3. The consideration for this sale and purchase is the sum of Four Hundred Twenty -five Thousand Dollars ($425;000). Qf • said consideration, the sum of Two Thousand Five Hundred Dollars ($2,500) shall be paid by Purchaser to Pioneer National Title Insurance Company, whose office is in Seattle,.Washington, upon the execution of this Contract and Agreement in escrow as earnest money pending the consummation of this sale. The remainder Of such consideration shall be paid in accordance with the provisions hereinafter set out at the time of closing and upon the execution and delivery by Seller to Purchaser of a general warranty deed conveying said property, as follows: a. At the time of closing, Purchaser shall pay to Seller the sum of Fifty Thousand Dollars ($50,000) in cash and the $2,500 earnest money hereinabove mentioned shall be applied to the cash down payment. b. The remaining Three Hundred Seventy -five Thousand Dollars ($375,000) of the purchase price shall be represented by a promissory note in such amount, executed by Purchaser and payable to Seller, or order, such promissory note shall be payable as fol- lows: (i) During the first five (5) years Purchaser shall pay interest only on the principal sum at the rate of ten percent (10 %) per annum, such interest to be payable on or before the anniversary date of said note at Seller's address set out below; (ii) The principal sum of said note shall be payable subject to the other provisions hereof, over a period of five (5) years commencing with the sixth year from the date thereof, bearing interest after the first five (5) years at the rate•of eight per- - -cent (8 %) per annum until paid in full, which principal sum plus_ interest shall be payable in annual installments, beginning at the end of the sixth, seventh, eighth and ninth years, of Fifty -four Thousand Six Hundred Dollars ($54,600) each, and the balance of the principal sum plus accrued interest shall be payable on or be- fore the end of the tenth year from 'the date of said note. Said 'note shall contain a provision for interest at the rate of ten percent (1O%) per annum on all past due principal and interest', -2- and a provision for reasonable attorney's fees in the event said note is placed in the hands of an attorney for collection. The holder of said note, upon six (6) months' written - notice to the maker thereof, shall have the right to require said note to be paid in full on any anniversary date of said note be- ginning with the seventh anniversary date thereof. The maker of said note shall likewise have the option and privilege of paying said note in full at any time on or after the seventh anniversary -- date of said note, without penalty of any kind, upon giving to the holder of said note six (6) months' prior written notice of its intention to do so. It is understood and agreed that Rebma Washington, Inc. is a wholly owned subsidiary of BMA Real Estate Corporation, a Missouri corporation. Accordingly, BMA Real Estate Corporation joins in this Contract to evidence its agreement, and it hereby agrees, to enter into a guaranty agreement guaranteeing the pay- ment of the above - described note in'accordance with its terms and . provisions. 4. Seller agrees, at her expense, to furnish to Purchaser at the time of closing an owner's title policy issued by a title company satisfactory to Purchaser, which policy shall contain no exceptions other than rights or claims of parties in possession and taxes for the current year. Seller agrees that within thirty (30) days from the date of this Contract she will furnish or cause to be furnished to Purchaser a title report from such title company showing title to be good in Seller. If said title company's at- torneys shall make objections to said title, then Seller shall have a period of fifteen (15) days from the date such objections are made known to Seller in writing in which to cure such objections. The closing of this purchase and sale shall take place at the offices of said title company within twenty (20) days from the date Pur- chaser is furnished with a title report showing title to be good in Seller. 5. On the date of closing, Seller will furnish and de- liver to Purchaser a duly executed general warranty deed covering -4- the above - described property and simultaneously therewith Purchaser shall pay to Seller the cash down payment and will execute and deliver the promissory note described above and a mortgage and /or -deed of trust covering the above- described property to secure the payment of the unpaid portion of the purchase price which is repre- sented by said note. It is understood and agreed that Purchaser 'will be required to borrow substantial sums of money in connection with the construction of improvements proposed to be constructed -by it on the above - described premises, and that the lender will require a subordination of the Seller's mortgage and /or deed of trust to the mortgage of such lender. Accordingly, Seller agrees to execute a subordination agreement subordinating her mortgage to any mortgage which Purchaser may be required to execute in order to finance the construction of the improvements hereinafter de- scribed. It is understood and agreed that Purchaser proposes to use the above - described premises for the purpose of constructing and operating a Marriott Inn, restaurant and cocktail lounge and uses related thereto in accordance with limitations and require- ments of local laws and ordinances. Purchaser may, at its discre- tion, however, use such premises for any other lawful purpose, ex- •cept that Purchaser agrees not to use said premises for a gasoline service station. 6. Seller agrees to obtain and assign to Purchaser the necessary right -of -way to permit Purchaser to lay a water main of adequate size to serve the improvements to be constructed on the premises by Purchaser and to serve Seller's water company, such right -of -way to extend from a point on the City of Seattle water main across the shortest possible route over Seller's property to a point on the north line of the premises to be purchased by Pur- chaser which point Purchaser shall designate. In this connection, Purchaser agrees to pay the cost of laying said water main from the City of Seattle main to the purchased premises and agrees there- after to convey that portion of said water line which lies on Seller's property, to the Helen Nielsen Water Company, in con- sideration of the agreement of the Helen Nelsen Water Company to furnish water to Purchaser at industrial rates which are no higher than the Seattle industrial water rates or the industrial water rates of the Helen Nelsen Water Company, whichever rates are lower. 7. Seller further agrees to provide and assign to Pur- chaser a right -of -way across Seller's property lying east of West Valley Highway to the PSP & L Company's right -of -way for the .- purpose of maintaining and operating a sewer line from a lift station to be located on the above - described premises. Seller agrees to use her best efforts to assist Purchaser in obtaining a permit from the PSP & L Company to lay such sewer line along such Company's right -of -way to a point of intersection with the sewer main lines owned and maintained by the City of Seattle. In this connection, Purchaser agrees to construct a lift station on the above - described premises of sufficient capacity to handle twice the amount of sewage reasonably to be expected from 228 motel units plus a restaurant to accommodate such units. 8. It is understood and agreed that Purchaser will be required to fill the above - described premises to the extent neces- sary to obtain the approval of the flood control division of King County for the construction of the improvements proposed to be placed thereon by Purchaser. In order to place said fill upon all of said premises, it will be necessary for Purchaser to slope said fill on that portion of Seller's property lying immediately north of the above - described tract. Accordingly, Seller agrees to grant to Purchaser a slope easement two and one -half (2 1/2) feet wide along the south line of Seller's property which adjoins on the north the above - described premises to be conveyed to Purchaser. Such slope easement shall extend from the west right -of =way of the West Valley Highway to the edge of the Green River. • Purchaser covenants and agrees that it will not voluntar- ily grant any easement to the flood control division of King County, or to any other political subdivision, along the Green River adjacent to the premises covered by this agreement which easement would grant to the general public the right to use such easement. 9. It is understood and agreed that a portion of the above - described premises is presently under lease to a third party, which lease can be terminated upon six (6) months' written notice. Seller agrees to give notice to said third party immediately upon the execution of this agreement to vacate said premises and to remove any and all improvements located thereon, and Seller war- rants to Purchaser that possession of the entire premises shall be delivered to Purchaser at the end of said six (6) months' period. Notwithstanding the provisions of paragraph 3b(i) above, it is expressly understood and agreed that interest shall not accrue on said note until such time as possession is delivered and said • tenant has vacated and removed all improvements from the above - described premises. 4. 10. It is understood and agreed that Purchaser proposes *to construct an entrance driveway to the above - described premises, which driveway shall be fifty (50) feet wide and shall provide access to and from West Valley Highway. The center of said drive- way will be located at a point on the east line of the above - described premises which point shall be determined by an extension of the center line of South 158th Street. Seller recognizes that the location 'of said driveway must conform to the requirements of state law, and agrees to locate any driveway which she may con - struct on that portion of Seller's property lying north of the above- described premises at such a location as will not interfere with the location of Purchaser's driveway as set out above. In this connection, Seller agrees to use her best efforts to assist Purchaser in obtaining the location of a traffic light at the in- tersection of South 158th Street and West Valley Highway. 11. In the event any portion of the above - described property shall be taken for any public or quasi - public use, by right of eminent domain, or in the event any proceedings are com- menced for the purpose of taking any of such property prior to the. date of closing, Purchaser, at its option, may terminate this agreement, whereupon the earnest money shall be returned to Pur- chaser and each of the parties shall be released from any and all obligations under this agreement. 12. Purchaser agrees to keep the above- described premises insured in an amount of at least eighty percent (80 %) of the in- surable value against damage by fire or other casualty insurable under a standard fire and extended coverage insurance policy, ex- cluding earthquake coverage, until the above-described promissory note has been paid in full. 13. Seller hereby grants to Purchaser, for a period of ten (10) years, or for such lesser period which will terminate upon the full and final payment of the above - described note, a preferential right to purchase the balince of the ree Seilern i g pgrt ' ast o � Interstate Highway 405 r lying west of the West Valley Highway, /and immediately north ou of of the CPp above - described premises. Said preferential right shall be exer- cised in the following manner : -In the event Seller shall receive a bona fide offer from any third party to purchase such property, Seller shall immediately give Purchaser written notice thereof setting out in detail all of the terms and provisions of said offer. Thereafter Purchaser shall have a period of thirty (30) days within which to purchase said property on the same terms and conditions as outlined in•said notice. In the event Purchaser does not exercise such preferential right within said 30 -day period, then Seller shall be free for a period of thirty (30) days thereafter to sell said property to the party making such bona fide offer described in said notice. In the event Seller shall not make such sale within said 30 -day period, then the preferential right shall again attach to said property. 1 In the event Purchaser shall fail or refuse to con- summate the purchase herein provided for for any reason other than title defects or for the failure of Seller to perform any of the • covenants herein provided to be performed by Seller prior to the date of closing, then the earnest money herein deposited with the escrow agent shall be paid to Seller as liquidated damages and Purchaser shall have no further liability hereunder. In the event Seller shall fail to consummate the transaction herein contemplated, then Purchaser may enforce specific performance hereof. 15. All notices, statements, demands, requests or ap- provals shall be sufficiently given and served on the other party hereto if sent by United States certified mail, return receipt re- -- quested, postage prepaid and addressed as follows: If to Purchaser, the same shall be sent to BMA Tower, Penn Valley Park, Kansas City, Missouri 6 or at such other place as Purchaser may from time to time designate in writing to Seller. If sent to Seller, the same shall be addressed and mailed to 15643 West Valley Highway, Renton, Washington 98055, or at such other place as Seller may from time to time designate by writteni„r,ti urc h aser . 16. Taxes for tWcurrent year shall be prorated to the date of closing. r,, pq�r�. 1 .�v4fkFtf}j)r 17. It is understood and agreed that Purchaser has em- ployed no broker in connection with this transaction, and has repre- sented itself in all negotiations with respect to this purchase agreement. In the event any brokerage commissions are payable as a result of this transaction, all -such commissions shall be paid by Seller, and Purchaser shall have no responsibility or liability for any part thereof. '(— 18. To the extent applicable, all covenants and agreements contained herein shall survive the closing of this transaction. In witness whereof, the parties have executed this agree- ment on the day and year first above written. BMA REAL ESTATE CORPORATION By , .J. 1/1-e-t t: Morgan 1, �1 ,; .;r ' / . zk/ ice President Escrow Agent By Helen B. Nelsen Seller REBMA WASH NGTON, INC. . (No cp1 2Are SEAL.) Purchaser Ira Crawford - Vice President covenants herein provided to be performed by Seller prior to the date of closing, then the earnest money herein deposited with the escrow agent shall be paid to Seller as liquidated damages and Purchaser shall have no further liability hereunder. In the event Seller shall fail to consummate the transaction herein contemplated, then Purchaser may enforce specific performance hereof. 15. All notices, statements, demands, requests or ap- provals shall be sufficiently given and served on the other party hereto if sent by United States certified mail, return receipt re- -- quested, postage prepaid and addressed as follows: If to Purchaser, the same shall be sent to BMA Tower, Penn Valley Park, Kansas City, Missouri 64141, or at such other place as Purchaser may from time to time designate in writing to Seller. If sent to Seller, the same shall be addressed and mailed to 15643 West Valley Highway, Renton, Washington 98055, or at such other place as Seller may from time to Mi time designate by writteni Purchaser, 14) 6� 16. Taxes for t, current year shall be prorated to the ., date of closing. r ta ' 17. It is understood and agreed that Purchaser has em- ployed no broker in connection with this transaction, and has repre- sented itself in all negotiations with respect to this purchase agreement. In the event any brokerage commissions are payable as a result of this transaction, all -such commissions shall be paid by Seller, and Purchaser shall have no responsibility or liability for any part thereof. t 18. To the extent applicable, all covenants and agreements contained herein shall. survive the closing of this transaction. In witness whereof, the parties have executed this agree- ment on the day and year first above written, BMA REAL ESTATE CORPORATION T .,Morgan 0 ice President Escrow Agent By -8- Helen 8. Nelsen Seller REBMA WASH NGTON, INC. .( eamefte.seA,..) Purchaser Ira Crawford - Vice President JOHN SPELLMAN Governor December 7, 1982 Christensen .Group, Inc. 2500 N.L. Andresen Road Vancouver, WA 98661 Gntl ecien : Re: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PV -11 • Olympia, Washington 98504 2•/*11s4000 COUNTY: King APPLICANT: Christensen Group, Inc. SHORELINE MANAGEMENT PERMIT #N 590 - - 1361 (82 -4) The .subject Shoreline Management Substantial Development Permit .was received by this office on December 1, 1982 . The review period by the Department of Ecology and the Attorney General's Office will terminate 30 days from the above date. If no notice of appeal is received, construction pursuant to the permit may commence following expiration of the review period, provided that all other federal, state, and local laws regulating such construction have been complied with. Sincerely, cc: Linda S. Rankin, Iermit Coordinator Shorelands Division City of Tukwila ECY 050- 1 -28(a) Rev. 11/81 DONALD W. MOOS Director M E N U DEC 8 1982 C OF TUKWILA PLANNING DEPT. SHGKtLINE MANAGEMENT ACT OF 1i1 PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT NOTE - THIS PAGE FOR LOCAL GOVERNMENT USE ONLY Type of Action ®(Substantial Development Permit ❑ conditional Use ❑ Variance to undertake the .following development W.M. in Tukwila, King County Wa. township, range) The project will a Urban Vancouver, WA. 98661 be Application No. 82 -4 -SMP . Administering Agency City of Tukwila Date received Approved XXX , Denied Date Pursuant to RCW 90.58, a permit is hereby granted to Chrictencpn Group TnC (name of applicant) 2500 N.E. Andresen Rd. with related food service and meeting facilities (City or County) 13 May 1982 .30 November 1982 274 room hotel (be specific) upon the following property SW 1/4 of Sec 24, Township 23 N Range 4E (legal description, i.e., section, within shorelines of statewide (be /not be) significance (RCW 90.58.030). The project will be located within designation. The following master (environment) program provisions are applicable to this development ,.TMC Chapter 18.44 (state the master program sections or page numbers) Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions Prior to issuance of construction permits pursuant to this Shoreline Management Permit, the property owner /apllicant shall execute an Environ- mental Impact Mitigation Agreement based on the impact mitigation strategies contained in the project EIS. This permit is granted pursuant to the :Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant from compliance with any other federal, state or local statutes, ordi- . nances or regulations applicable to this project, but not incon- sistent with the Shoreline Management Act (Chapter 90.58 RCW) This permit may be rescinded pursuant to RCW 90.58.140 (7) in the event the permittee fails to comply with the terms or conditions hereof. CONSTRUCTION PURSUANT TO THIS PERMIT WILL NOT BEGIN OR IS NOT AUTHORIZED UNTIL. THIRTY (30) DAYS FROM THE DATE OF FILING THE FINAL ORDER OF THE LOCAL GOVERNMENT WITH THE REGIONAL OFFICE OF THE DEPARTMENT OF ECOLOGY AND THE ATTORNEY GENERAL, OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN THIRTY DAYS FROM THE DATE OF SUCH FILING HAVE TERMINATED.' ?Y, ( 182 (Date) Date received by Department of Ecology Approve Denied Direc , e- Cominuni- y D v — lopmcc n . THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A SUBSTANTIAL DEVELOPMENT PERMIT WITH A CONDITIONAL USE OR VARIANCE. This substantial development permit with conditional use/ variance is approved by the Department of Ecology pursuant to chapter 90.58 RCW. Development shall be undertaken pursuant to •the following additional terms and conditions: (Date) (Signature of Authorized Department of Ecology Official) LEGAL DESCRIPTION That portion of Henry Meader Donation Claim No. 46, lying within Section 24, Township 23 North, Range 4 E.W.M. in King County, Washington, described as follows: Beginning at the intersection of the centerline of South 158th Street, as the same was originally established and the west Valley Highway (S.S.H. 2 -M); thence north 7 0 40'58" west along the centerline of said West Valley Highway 32.17 feet; thence south 86 °04'17" west 60.13 feet to the west margin of said highway and the truepoint of Beginning; thence southerly along the margin of said highway south 7 ° 40'58" east 109.00 feet; thence south 2 ° 31'16" west 101.61 feet; thence south 7 °40'58" east 285.08 feet; thence south 86 °04'17" west to the easterly bank of the Green River' -as now established; thence westerly and northerly along saidr river bank to a point which bears south 86 0 04'17" west from the true point of beginning; thence north 86 °04'17" east to the true point of beginning; EXCEPT that portion'thereof adjoining the Green River condemned by the State of Washington in King County Superior Court Cause No. 592029; and EXCEPTING from the remainder of said premises a strip of land 10 feet in width southerly and southeasterly of and immediately adjoining the excepted portion first above described. J 1 1908 City of Tukwila 2 6200 Southcenter Boulevard Tukwila Washington 98188 Department of Ecology Shorelands Division Mail Stop PV -11 Olympia, WA. 98504 Gary L VanDusen, Mayor SUBJECT: Application 82- 4- SMP;Tukwila Hotel (Christensen Group) Shoreline Management Substantial Development Permit Enclosed is a copy of City of Tukwila Shoreline Management substantial De- velopment Permit 82 -4 -SMP and related materials. The permit has approv- ed by this office after processing in accordance with the Shoreline Manage- ment Act of 1971, and the State Environmental Policy Act. We have determin- ed that this permit action is consistent with the provisions of the Tukwila Shoreline Master Plan Program and with Chapter 18.44 of the City's Zoning: Code regulating development of Shoreline properties. Approval by the Department of Ecology will allow construction of a 274 room hotel with related dining and meeting facilities. me xc: Atty.Gen. Christensen Group TUKWILA PLANNING DEPARTMENT Brad Collins, AICP Director 30"November 1982 J Mr. Brad Collins Planning Director Planning Department City of Tukwila Tukwila, WA 98188 RE: Christensen Group, Inc. Dear Sir: DOEISON, HOUSER & DOBSON ATTORNEYS AT LAW r( :I.E'WOIJE JOHN W. IJOUSON 229 WILLIAMS AVE. !o. (.06) PAUL W. HOUSER P. O. SOX 59 2eb.E104I DAVID C. DOBSON HENTON, WASHINGTON 98057 WYMAN K. DODSON July 20, 1982 Miss Helen Nelsen, owner of the property to the North of the property now sought to be developed by the Christensen Group, has an interest as an adjoining property owner and as the original vendor of the prop- erty now owned by the Christensen Group. The property was originally sold under contract recorded in the office of the King County Auditor recorded on August 14, 1969, under Auditor's File No. 6551402 being recorded in Volume 128 of records, page 590. Reference is made to the description contained in the contract, copy of which description is attached and marked Exhibit "A ". Under the terms of the contract there are certain obli- gations on the part of the purchaser. Paragraph 5 of the contract provides " * * ** *purchaser agrees not to use said premises for gasoline service station, automotive sales or repair business, including new and used cars, trucks or heavy equipment sales and service." Under Paragraph 7 of the contract the seller granted to the purchaser a slope easement ten feet in width along the north line of the property sold which carried the provision " * ** *that any fill within the slope's easement shall be made with topsoil borrowed from other portions of the premises conveyed to purchaser. cJ Mr. Brad Collins Page 2 July 20, 1:82 "Purchaser covenants and agrees they will not voluntarily grant any easement to the flood control division of King County, or to any other political subdivision or any in- dividual or corporation along the Green River, adjacent to the premises covered by this agreement, which easement would grant to the general public the right to use such easement. It is understood and agreed that in the designing of the improvements to be placed upon the premises covered by this agreement the drainage plan will be so designed that surface drainage is directed to the West Valley Road or the River, and not towards property of Seller on the north. In this regard drainage plans shall be submitted to the Seller for her inspection and approval, prior to the development." Paragraph 9 of the contract provides: "It is understood and agreed that Purchaser proposes to construct an entrance driveway to the above described premises, which driveway shall be fifty (50) feet wide and shall provide access to and from the West Valley Highway. The centtr of said driveway will be located at a point on the east line of the above described premises which point shall be determined by an exten- sion of the center line of South 158th Street. Seller recognizes that the location of said driveway must con- form to the requirements of state law, and agrees to locate any driveway which she may construct on that portion of Seller's property lying north of the above described premises, at such location as may be approved by the State Highway Department. In this connection Seller agrees to use her best efforts to assist Pur- chaser in obtaining the location of a traffic light at the intersection of South 158th Street and West Valley Highway." Miss Nelsen desires that the County Commission and the City of Tukwila be advised as to these contract provisions and asks that in any granting of permits your department and the City of Tukwila take them into consideration. Mr. Brad Collins Page 3 July 20, 1982 If you desire a complete copy of the contract we would be happy to furnish it to you. If you have any ques- tions, please contact either myself at 255 -8641 or Miss Nelsen at 255 -6535. Thanking you for your consideration I am Very truly yours, /HN. W. DOBSON JWD:jh encls CC: `Miss Helen Nelsen Christensen Group: Attention Kenneth W. Baines Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. Audrey ..DeJ.oie being first duly sworn on oath, deposes and says that 8x18... is the Ghi.ef...Clerk of THE DAILY RECORD CHRONICLE, a newspaper published six (6) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a newspaper published four (4) times a week in Kent King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to -wit, King County, Washington. That the annexed is a...NotiC{'•••C•'••••Application T1765 as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of 2 consecutive issues, commencing on the 9th day of Jul 82 ,19 , and ending the 1.6.thdayof July ,19..$2, both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 34.9, which has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. Subscribed and sworn to before me this Silt ,, . 1982.. 9th, 1955. ■ VN 087 Revised 5/82 — Western Union Telegraph Co. rules for adopted by the newspapers of the State. 16.tl t day of Claie....0.1.srk Notary Public in an or the State of Washington, residing ate King County. — Passed by the Legislature; 1955, known as Senate Bill 281, effective June counting words and figures, ���.± TLrp; 1t>>. 1L' {f�pi +j.::.ifNdna'+,_..�: +) l,� evn.a•ky »� � •':�vir',� G, of Tukwila MASTER LAND DEVELOPMENT APPLICATION FORM otherwise relate to nearby intersections or streets.) SUPPLEMENTARY QUESTIONAIRE chedul e B SHORELINE MANAGEMENT 1. General location of proposed project West Valley Highway (give street address, it Tmown, At South 158th Street, Tukwila, Washington within SW 1/4 (quarter section of section 24 of township 23 N., Range 4E W.M., in Tukwila, King County, Washington. 2. Name of water area and /or wetlands within which development is proposed Green River 3. Current use of the property with existing improvements Portions being used to graze sheep, the remainder is vacant. 4. Proposed use of property, 274 Room Hotel with food and beverage facilities, meeting rooms an swimming pool. 5. A. Total construction cost and fair market value of proposed project including additional developments contemplated but not included in this application: $11,000,000.00 B. Construction dates (month and year) for which this permit is requested: Begin Late 1982 or Early 1983 6. (To be completed by local official) Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type of beach such as accretion, erosion, high bank, low bank or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any): Low bank with light vegetation cover; sand beach exposed at low tidy N/A 7. (To be completed by local official) In the event that any of the proposed buildings or structures will exceed a height of 35 feet above the existing grading level, indicate the approximate location of and number of residen- tial units, existing and potential that will have an obstructed view. r SECTION I. GENERAL DATA 1) APPLICANT'S NAME Christensen Group, Ii c HONE:(20 MASTER LAND DEVELOPMENT APPLICATION FORM NOTE: Please write legibly or type all requested information -- in applications will not be accepted for processing. 2) APPLICANT'S ADDRESS 2500 N.E. Andresen Rd Lip: 98661 Vancouver, WA. 3) PROPERTY °WINTER'S NAME Christensen Group TELEPHONE :(206) 696 -0381 4) PROPERTY Ot YNER'S A DR erly Dave Christensen, Inc. 2IP : Same SECTION -TI: PROJECT INFORMATION 7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: 274 Room Hotel with food and beverage facilities, 5) LOCATION OF PROJECT: (geographic or legal descrip.) West Valley Highway at South 158th Street Tukwila /South Center aw 6) NAME OF PROJECT(OPTIONAL) Tukwila Hotel meeting rooms and swimming pool. DO YOU PROPOSE TO DEVELOP THIS PROJECT IN PHASES? rims PROJECT a.' NET ACRES ± c. PARKING SPACES 509 b.. GROSS ACRES 51 4 70 d . FLOORS OF CONSTRUCTION 8 e. LOT AREA COVERAGE BLDG30,715 SQ.FT. LANDSCAPE 48,834 SQ. FT. PAVING15 FT. plus 32,800 off site 10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 10%? EJ YES an 11) EXISTING ZZONING M-1 12. EXISTING COMP.PLAN 13) IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION YES N0. OWN THE CITY'S ENVIRO ENTAL BASE MAP? XX NO 14) IF. YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS, OR OTHER DOCUMENTS SENT TO ADDRESSES OTHER THAN APPLICANT OR PROPERTY OWNER, PLEASE INDICATE BELOW. Jensen, Krause & • n NMv. ., _L __ _L___ AnT1RFCC• 7 e62 N_W_ KP arnPy Portland, Oregon 97209 b. NAME: • ADDRESS: • OVER SECTION III: APPLICANT'S AFFIDAVIT I, Kenneth W. Baines , being duly sworn, declare that I am the contract purchaser or owner of the property involved in this application and that the foregoing statements and answers herein contained and the information. : herewith submitted are in all respects true and correct to the best of my knowledge and belief. Christensen Group, Inc. ��JJ /eg DATE — T /9 ,)----- °" `-1 / (Sifnature of Contract Purc aser.or owner) . President Subscribed and sworn before me this 19 day of ,19 Adz.. ii . _J _ / /// / 4 No / P un in an' tor the State of Was ington residing at SECTION IV: .SUPPORTING MATERIAL REQUIREMIENI'S TYPE OF APPLICATION SUPPORTING MATERIAL ** XX X X XX 0 Vancouver REZONING SCHEDULE E, 1,2,3,4,5,9 CONDITIONAL USE SCHEDULE C, 2,3,5,9 VARIANCE SCHEDULE F, 3,5,9 COMIPREHENSIVE PLAN AMENDMENT SCHEDULE D, 2,3,4,5,9 U SHORELINE MGMT. PERMIT SCHEDULE B, 2,3,4,5,8 WAIVER SCHEDULE A, 3,9,10 SHORT SUBDIVISION 3,4 SUBDIVISION 2,3, BINDING SITE IMPROVEMIENT PLAN 2,3 ARCHITECTURAL REVIEW 9,10 LANDSCAPE REVIEW 11 * *SEE TABLE 1 FOR DESCRIPTION + OPTIONAL AT STAFF'S DIRECTI rAw sections ays -8 "ION f/-N /ON 4./-J _; OiYN. a. Old/ . Qh.9r: ,6..a, 3 a.- omy. . • ......... ... .... ................ tO yr, JO- JO to a ?END __" r.. ...... ........ 1 . • %0A/ L -t /NIGH 9AVY/ND SGfflSlCr iIW.M -AEI 1WN014,r -4f'M i?ifPl aN li fS.: -. ,df041G4�Pr.H /6NNOMftE4r4T�1/ • f V . A3E1/CH -:GO J -- - T Aft,P6fTY Z/NE A o 1d' SR822-Gd .sJ oJiw. a. -d2 NAw w/YL_uw.fiil&uL_ NowwllRt--a, 11001.11111 JAM /" ': •4U0■ 1 .. KECEL i ASSOCIATES INC MIL IMMO • {NO 111101,016 • PLIMNINS SHORELINE PROFILE CROSS SECTIONS for TUKWILA HOTEL "CAW 4/6 SCAW sort . _Z .__u__t NIT Ml WAIN q w01••L JOE No_temi FILE NUMBER OR NAME OUT FILE NUMBER OR NAME OUT FILE NUMBER OR NAME OUT sffl Na225.OG HMflM MN,— LOS ANGELES — LOGAN, OH. — *DOREOOR, TX. — LOCUST GROVE, OA. USA.