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HomeMy WebLinkAboutPermit 82-20-CUP - PAVILION OUTLET MALL - OFF-SITE PARKING CONDITIONAL USE82-20-cup 17900 southcenter parkway PAVILION OUTLET MALL OFF-SITE PARKING CONDITIONAL USE AGENDA ITEM INTRODUCTION FINDINGS CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT • 82 -20 -CUP Pavilion Offsite Parking The Benaroya Co.,.developers of the Pavilion Outlet Center, are requesting a conditional use permit to allow a portion of the Center's required off - street parking at an off- premise location. The applica- tion is presented concurrently with application 82- 21 -SPE in order to allocate parking more efficiently between the Pavilion and the changing chacteristics of tenancy at Parkway Plaza North. We shall try herein to explain the inter- relation- ship of parking facilities for these projects. 1) Off- premise parking is allowed by conditional use permit in TMC Section 18.56.040(1B). November 18, 1982 f 1 1 ! n I C•2 .1. C•M �I C•M q. Slit! .' . PA .2 !, f' ,h c N �' _ i /I ``'r-. i J 1 - �\�,� r r l. F li 2) Off- premise parking is allowed without conditional use permit approval when certified by "legally binding agreement running with the land, the term of which shall be at least as long as the reasonable life of the premises served thereby." The current off - premise parking facility is leased for a three -year period, considerably less than the Center's expected economic lifetime. 3) The Pavilion is already served by a leased, off - premise parking area on the Schoenbachler property at the southeast quadrant of S. 180th St. and 57th Avenue South. However, only parking.beyond the required ordinance minimum is provided in this off -site facility. (See Exhibit "A ") 4) The remodel permit for s_conversion'of'the former "Doces" store to the Pavilion Outlet Center was approved in February, 1982. Subsequent tenant improvements and site modification have resulted in a determination that 740 spaces are required to serve the development. 5) Accompanying the approved remodel plan for the Pavilion is a property use and development agreement executed by the Benaroya Company and recorded under auditor's file no. 8203090492. The agreement outlines a multi -point parking strategy for the development as required by the City Council. Page -3- Planning Commission 82 -20 -CUP Pavilion Of ..te Parking November 18, 1982 Response: The offsite parking area is currently linked to the north side of S. 180th Street and the Pavilion by a signalized crosswalk at the Southcenter Parkway intersection. Plans for a second, "mid- block" crossing point are under negotiation, and if implemented will be done with due consideration for public safety. (4) The ptopo4ed uze 4hatt be in keeping w.itc the goatz and poti.cJed o6 the compnehe zive Land use policy plan; Response: Objective 1, Policy 7 of the "Commerce & Industry" element is representative of the City's comprehensive plan parking management strategy: adequate off- street parking protects'adjoining land -value and helps maintain safe street - traffic capacity. It should be noted in passing, however, that the policy statement discourages "over- parking." The wisdom of this approach is apparent in its attempt to conserve valuable urban land for worthier uses than storing automobiles. Further, traffic congestion on already- crowded streets can be exacerbated by making parking too conveniently available and discouraging use of alternative transportation means. It is likely that the overage available to the Pavilion if the use permit is approved will be "temporary." The Schoenbachler lands on which the off -site lot is located is most certainly suited for more intensive useage, and part or all of the leased parking area may be redeveloped in the future, eliminating the existing surplus of stalls. (5) Ate meabunes have been taken to minimize the pasdLbte adveAse impacts which the pnopo4ed use may have on the anea in which it is located. Response: The most :severe adverse impact anticipated in the scope of this application is the transitory nature of the lease agreement between the Pavilion's developer and the Schoenbachler family. Therefore, the conditional use permit should be viewed in one sense as transitory also. The strongest mitigation factor available to the City to resolve this problem, however, is contained in "parking plan B" of the existing property use and development agreement which requires the developer to provide a parking structure on the Pavilion site proper if parking becomes a problem of safety or adequacy. It is understood by the City and the Jack A. Benaroya Company that loss of the Schoenbachler parking area to the Pavilion Outlet Center constitutes a problem of parking adequacy requiring the provision of on- premise parking per "parking plan B." The Benaroya - Schoenbachler lease allows at least six months for replacement parking to be provided. CONCLUSION Staff recommends approval of application 82 -20 -CUP, according to Exhibits "A" and "B" thereof, subject to the following conditions: 1) The subject conditional use permit is approved for operation of an off - premise parking lot as provided in TMC 18.56.040(1B) and is issued for the benefit of the Jack A. Benaroya Company. The subject conditional use permit shall not be considered transferable, except on prior approval of the Planning Commission. Page -2- Planning Commission 82 -20 -CUP Pavilion Of% ate Parking November 18, 1982 6) Section 112 of Exhibit 2 of the aforementioned agreement provides that 200 surplus parking spaces in Parkway Plaza North will be set aside for use by customers and employees of the Pavilion. It is the Benaroya Company's intent to seek Council modification of this portion of the agreement by returning .these spaces to Parkway Plaza and then providing the additional spaces for the Pavilion on the Schoenbachler parking area by conditional use permit. 7) As explained in Application 82- 21 -SPE, the 200 spaces in Parkway Plaza North now reserved for the Pavilion are intended to be used in a cooperative parking facility agreement among Parkway Plaza North tenants only, if the Pavilion conditional use permit is granted and if the property use and development agreement amendment is approved by Council. 8) The " Schoenbachler" parking site development plan was reviewed and approved by the Board of Architectural Review in May of 1982. At full build -out, the site will accomodate approximately 500 spaces. Coupled with the 518 spaces provided on the Pavilion site proper, the completed configuration will far - exceed the minimum project parking requirements prescribed in TMC 18.56 for the Pavilion Outlet Center. CONCLUSIONS TMC 18.64.050 specifies the criteria which shall be used by the Commission to evaluate a request for a conditional use permit; our response to each is as follows: (1) The pnopo4ed use wi 2 not be matetiatey detii menvat . o the public weliane on .Ln.jutu.ou4 to the pnopeAty on i.mpnovements in the vicinity o 4 the pno poa ed use on in the distnict in which the a ub j eat pnopenty situated. Response: The proposed conditional use will, in staff's view, have the affect of enhancing public welfare and property improvement viability. While the permit will not physically increase the total number of parking stalls already available or planned to serve the Pavilion /Parking Plaza complex, it will distribute those spaces in a more logical relationship of proximity to the actual development they serve. (2) The pnopod ed use z hate meet on exceed the penionmance b.tandandb that ate nevi/Led in the d a r iat .i t mitt occupy; Response: The "Schoenbachler" parking facility has been reviewed extensively by the B.A.R. and city staff and meets or exceeds minimum dimensional, landscape and setback standards of the M -2 zone in which it is located. (3) The pnopoaed development skate be compatib.Pe gene/tatty with the a unno und.i.ng .eared uses in terms o l 6 tnai i.ic and pedutA i.an aixe u to Uon, bu.i ed.ing and site design; Page -4- Planning Commission 82 -20 -CUP Pavilion Of November 18, 1982 MC /bik ..te Parking 2) The conditional use permit shall be subject to annual review by the Planning Commission to ascertain the status of the lease dated 28 April 1982 as referenced in the memorandum of lease recorded under auditor's file number 8206220535. The conditional use permit shall be deemed to expire simultaneously with the expiration or abrogation.of said lease, unless the property described in said memorandum of lease is purchased in fee by the Jack A. Benaroya Company as provided in recital # #2 of said memorandum. Nothing in the terms and provisions of this conditional use permit shall, modify the terms of the property use and development agreement recorded under auditor's file no. 8203090492.as said agreement reads this date, or as it may amended subsequently. site plan EXHIBIT B LEGAL DESCRIPTION 82 -20 -CUP Those portions of the southwest quarter of the northeast quarter and southeast quarter of the northwest quarter, all in Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Commencing at the northwest corner of the said southwest quarter of the northeast quarter; thence'S 88 °54'46" E along the north line of said subdivision, 449.30 feet; thence S 01 °05'14" W, 36.0 feet to the southerly margin of South 180th Street and the true point of beginning; thence continuing S 01 °05'14" W, 365.78 feet; thence N 88 °54'46" W, 424.89 feet; thence 5 86 °58'00" W 103.76 feet; thence S 58`20'50" W, 74.23 feet to the easterly margin of 57th Avenue South (Southcenter Parkway); thence N 08 °43'18" E along said easterly margin, 316.06 feet; thence N 14 °46'53" E along said easterly margin,' 63.77 feet; thence on said easterly margin along a curve to the right having a radius of 50 feet through a central angle of 76 °18'21 ", an arc distance of 66.59 feet; thence S 88 °54'46" E along the southerly margin of said South 180th Street, 485.16 feet to the true point of beginning City of Tukwila 6200 Soutt,center Boulevard Tukwila Wlashirclton 98188 MASTER LAND DEVELOPMENT APPLICATION FORM SUPPLER1Nz4RY QUESTIOMAIRE ,edu1e C CONDITIONAL USE PERMIT APP. PRESENT USE OF LAND OR IN STRUC : �o., i O„� am+ es.----4 S 1, °oP U�^- -k �-` o .v-.) u r�. w.- -✓ &1 - .f 1 �C IF THE STRUCTURE IS VACANT, INDICATE WHEN VACANCY BEGAN AND WHAT USE WAS BEFORE VACANCY: f )/A DETAIL DESCRIPTION OF PROPOSED USE (For example, discuss manufacturing processes used, wholesale /retail /warehouse functions, outside storage of goods or equip- ment, or other information which will facilitate understanding of.the activities you propose to develop on this site) Gen-et i.- *It. u Si. -FLU, 4 -s I,l - S, li 6w.li 4"0 St.•.v t maw O,A Let Z.---v cl' a •••- v-o. SITE USE STATISTICS: NO. OF ROOMS (MOTEL /HOTEL ONLY) 1211/A MANUFACTURING/WAREHOUSE FLOOR AREA sq ft � � /A OFFICE FLOOR AREA ' sa ft L J N NO. OF EMPLOYEES ANTICIPATED °•mol o" ens EKA TOTAL ON -SITE PARKING PROVIDED 1S'I5 spaces ❑ N/A FLOORS OF CONSTRUCTION PROPOSED floors 1/A Control Number V2 "3gp MASTER LAND DEVELOPMENT APPLICATION FORM NOTE: Please write legibly or type all requested information -- incomplete applications will not be accepted for processing. / SECTION I. GENERAL DATA. 1) APPLICANT'S NAME JAcx P. C3eNpaayA Co . TELEPHONE: (.zoG)'16x- AnS - b 2) APPLICANT'S ADDRESS S 5t4 Ave S.' • ZIP: 901 3) PROPERTY OWNER'S NAA11 Aeic P. QFNPROyp eo . TELEPHONE: (a 00 ") G-a. - 4-1"1 S s0 sr 44, Pte- 5 u 4) PROPERTY OWNER'S ADDRESS .t4,-M.l:e ZIP: g9loir • 5) LOCATION OF PROJECT: (geographic or legal descrip.) 1 00 So..tLce.� -><tr �a.kwi. � 1./ita..j•- J 6) NAME OF PROJECT(OPTIONAL) O v4. \ .4 C54 • SECTION II: PROJECT INFORMATION 7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: GC-p ��:,�� - L&$ e --•� �...- C-11)- one.. us � � -' !�••t.. S) DO YOU PROPOSE TO DEVELOP THIS PROJECT IN PHASES? 1YES [ - 1"" 9) PROJECT. a. NET ACRES ± c. PARKING SPACES I °Ig b. GROSS ACRES d. FLOORS OF CONSTRUCTION ■// e. LOT AREA COVERAGE BLDG. SQ.FT. LANDSCAPE PAVING SQ. FT. 10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 10 %? DI YES NO 11) EXISTING ZONING[ -2 (A a. 12. EXISTING CCMP.PLAN 13) IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION OYES DNO ON THE CITY'S ENVIRONMENTAL BASE MAP? 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. SQ. FT. a. NAMIE : .J f A ADDRESS: b. NAME: ADDRESS: OVER VOA Tel ow,,trol .»-� I;� .,• ��- ��'�^^^-- , being duly sworn , dec lare that I am the Ads. contract "turthaser 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. APPL CANT'S AFFIDAVIT Subscribed sworn before me this rd • day of /v6v• 1 Notary Public in and for the State of Washington residing at DATE ///3/0 Z X 4 /n+y 1 �. r►,. -- ( ignatu e o f Contract Purchaser or owner A .rlis 7'. i'^ v] — a-rfe 444. �.,.._••••o t�. G o • SECTION IV: SUPPORTING MATERIAL REQUIREMENTS TYPE OF APPLICATION REZONING CONDITIONAL USE fl VARIANCE F1COMPREHENSIVE PLAN AMENDMENT ri SHORELINE MG TT. PERMIT fl WAIVER [1 SHORT SUBDIVISION 17SUBD IVI S ION r1BINDING SITE IMPROVEMENT PLAN L_.IARCHITECTURAL REVIEW 1 1 LANDSCAPE REVIEW 11 * *SEE TABLE 1 FOR DESCRIPTION + OPTIONAL AT STAFF'S DIRECTION SUPPORTING MATERIAL ** SCHEDULE E 1,2,3,4,5,9 SC SCHEDULE D, 2,3,4,5,9 SCHEDULE B, 2,3,4,5,8 SCHEDULE A, 3,9,10+ 3,4,7 2,3,4,5,9 + ,12 2,3,4,6,9 9,10 far AROMA COMPANY, a Washington corporation ( "Benaroya" ELEASE OF INTEREST executed this day of December, 1982, in herein), and JACK A. BENAROYA, .individually, by the CITY OF TUKWILA, a 1 HIS D municipal corporation ( "the City" herein): ! WITNESSETH: WHEREAS, Benaroya executed a Property Use and Development Agree' -" ; •:a ELECT! KIN;,7 L{)1JNT ment in favor of the City dated February 23, 1982, and recorded under King County recording number 8203090492, in connection with a building permit issued by the City, which agreement established parking plans for certain real property owned by Benaroya. The property is more particularly de- scribed in attached Exhibit 1 which is incorporated herein by this reference ( "the Property" herein); and WHEREAS, Benaroya and the City have this date entered into a Revised Property Use and Development Agreement to implement a mutually acceptable alternative parking plan covering a portion of the Property as well as cer- tain additional property leased by Benaroya; and WHEREAS, Benaroya and the City desire to formally release the Prop- erty from the terms and conditions of the February 23, 1982, agreement dated February 23, 1982, by execution and recordation of this instrument; NOW, THEREFORE, the City hereby fully and finally releases the Property described in attached Exhibit 1 from all terms and conditions of that certain Property Use and Development Agreement dated February 23, 1982, and recorded under King County recording number 8203090492. CITY OF TUKWILA Mayor R3/01/03 •03R0 E7 RECD F 7.00 `- L EGAL DESCR/'7 740N e x,1 /2 /r / That portion of the southeast quarter of the southwest quarter and of the southwest quarter of the southeast quarter of Section 26, Township 23 North, Range 4 East, Willamette Meridian, in King County, Mashingten, and of the northwest quarter of the northeast quarter and of the northeast quarter of the northwest quarter of Section 35, Township 23 North, Range 4 East, Willamette Meridian, King County, Washington, described as follows: Beginning at the northwest corner of the northeast quarter of said Section 35; thence South 87 °44'08" East along the north lino of said northeast quarter a distance of 140.16 feet to the true point of beginning; .thence South'O2 ° 24'12" West parallel to the west line of said northeast quarter a distance of 894,23 feet to the north line of the south 430 feet of the northwest quarter of the northeast quarter of said Section 35, thence North 87 °50'09" -West along said north line a distance of 140.16 feet to the east line of the northeast quarter of.t northwest quarter of paid Section 35; thence North 87 °50'57" West along the north line of the south 430 feet of said northeast quarter of the northwest quarter a distance of 177.29 feet to a point 6 feet distant northeasterly , measured at right angles, from the easterly margin of the Mess Brother's County Road Tip. 972; thence North 11 ° 59'33" Weat' along along a line 6 feet distant northeasterly, measured at right angles, from said easterly margin a distance of 1771.86 feet; thence continuing along said line 6 feet distant•northeaeterly along a curve to the right having a radius of 919.37 feet, an are distance of 210.78 feet through a central angle of 13 °08.08 "; . . thence North 01 ° 08'35" East along Said line 6 feet distant northeasterly - 4Ldiitance of 285,11 feet to the north line of the southeast quarter of the southwest quarter of said Section 26;. thence South 87 ° 55'53" East along said Korth line a distance of 625.20 feet to the west line of the southwest quarter of the southeast quarter of said Section 26; thence South 87 ° 55'02" East along the north line of said southwest quarter . of the southeast quarter a distance of 140.16 feet; thence South 01 ° 12'25" West parallel to the west line of said southwest quarter of the southeast quarter a distance of 1318.77 feet to the true point of beginning TOGETHER WITI1: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THS NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOvNSHIP 23 NORTH. RANGE 3. EAST. N.M.. 1N KING COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER ;,THENCE SOUTH 02 WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER. A DISTANCE OF 894.47 FEET TO THE NORTH LINE OF THE SOUTH 430 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST OUARTER AND THE TRUE POINT OF BEGINNING; THENCE NORTH 87'50.57" WEST ALONG SAID NORTH LINE A DISTANCE OF 177.29 FEET TO A LINE 36 FEET EASTERLY OF THE CENTERLINE OF SOUTHCENTER PARKWAY' (FORMERLY 57TH AVENUE SOUTHI; THENCE SOUTH 11'59'33" EAST ALONG SAID LINE A DISTANCE OF 322.74 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 107.24 FEET. AN ARC DISTANCE OF 141.96 FEET THROUGH A CENTRAL ANGLE OF 75'50.36" TO A LINE 36 FEET NORTHERLY OF THE CENTERLINE OF SOUTH 180TH STREET; THENCE SOUTH 87'50.09" EAST ALONG SAID LINE A DISTANCE OF 576.70 FEET TO A LINE 740.70 FEET WEST OF THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE NOPTH 01'51'39" EAST A DISTANCE OF 553.39 FEET TO A POINT SOUTH 01'51'39" WEST 50.00 FEET FROM THE SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO BRUCE E. MC CANS!. ET AL. BY DEED RECORDED UNDER RECORDING NO. 7208170551; THENCE .NORTH 87'55'02" WEST 220.00 FEET; THENCE NORTH 01'51'39" EAST 50.00 FEET; NORTH 87'55'02" WEST A DISTANCE OF 218.09 FEET TO A POINT 140.16 FEET EAST OF THE wEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 02'24'12" WEST A DISTANCE OF 209.26 FEET TO THE NORTH LINE OF THE SOUTH 430 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH WEST A DISTANCE OF 140.16 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH A NON - EXCLUSIVE. EASEMENT FOR INGRESS AND E1 ESS OVER AND ACROSS A STRIP OF LAND 50 FEET IN WIDTH DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO 186 CORPORATION BY DEED RECORDED UNDER PECORDING 'N0. 7111100109; THENCE NORTH 87'55'02" WEST A DISTANCE OF 660.70 FEET; .THENCE SOUTH 01'51'39" WEST PARALLEL TO ANDOVER PARK, WEST A DISTANCE OF 50.00 FEET; THENCE SOUTH 87'55'_02" FAST A DISTANCE OF 930.70 FEET 10 THE wEST N.ARGIN OF LNDOVER PARK WEST;.THENCE NORTH 01'51'39" EAST ALO SAID WEST MARGIN A DISTANCE OF 50.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT OF LAND CONVCYED BY RECORDING NO. 7111100109; THENCE NORTH 87•55'02" WEST ALONr, THE SOUTH LINE OF SAID TRACT OF LAND A DISTANCE OF 270.00 FEET TO THE POINT OF BEGINNING. PT, of 4 • :1...C.iS. ]ors o: i'':....: v 1'1nr.a Von': 01fice Lu.lding.✓ite. : 'hoses f orti.ons of the southeast uar ter of the southwest ''quarter of Section 2G, Township 23 North, Ranee 4 East, W. 14. •' in the City of Tukwila, County of King, State of Washington, and of the northeast quarter of the northwest quarter of Section 35, Township, 23 Korth, Range 4 Last, W. 1.1. in the City of Tukwila, County of King, State of Washington, described as follows: Beginning at the northeast corncr of said northeast quarter of the northwest quarter of Section 35; Thence l` 87 °45'57" 1.1 along the north line of said northeast quarter of the northwest quarter a distance of 481.05 feet to the west margin of Southcenter Parkway as established in King County Auditor's File No. 6343848; Thence S 11 °59'33" E'along'said west margin a' distance of 41.27 feet; Thence 1.1 87 °45'57" W a distance of 210.00 feet to the true point of beginning; Thence continuing N 87 °45'57" 11 a distance of 19.11 feet; © Thence S 42 °30'27" W a distance of 537.51 feet to a point on a GO line that is 19.5 feet southwesterly of the centerline of a 19 CO. 'foot wide railroad easement established by instrument recorded Q under King,County Auditor's File No. 6643574; CI Thence northerly along a line which is concentric and parallel Q with said centerline along a curve to the right, the center of r"1 which bears 11 48 °31'03" E having a radius of 429.78 feet an .O arc distance of 433.55 feet through a central angle of 57 °47' C', 52"; OD Thence continuing along said parallel line N 16 °18'55" E a 'distance of 50.03 feet to the south'line said Section 2G; • Thence S 87 °45'57" E along said south line a distance of 20.10 feet to the centerline of an existing railroad easement established by instrument recorded under King County Receiving ro : Thence N 16 °18 E along said centerline a distance of 164.16 feet;' Thence along a curve to the right having a radius of 661.74 feet, an arc distance of 184.73 feet through a central angle of . 15 0 59'40 "; Thence 11 00 °19'15" E along said centerline a distance;of 528.93 feet; • i • Thence continuing along said centerline on a curve to the right having a radius of 410.28 feet, an arc distance of 239.28 feet ' through a central angle of 33 °24'54 "; 1 • • Thence•leaving said centerline of railroad easement, S 88 °51' 25" E a distance of 34..64 feet; • Thence S 01 °08'35" W a distance of 198.66 feet; • Thence.N 86 °40'03" E a distance of 274.13 feet to the west margin of Southcenter Parkway as established in King County Auditor's File No. 6343868; Thence southerly along said west margin on a curve to the • left, the center of which bears N 85 °13'08" E having a radius of 991.37 feet, an arc distance of 40.00 feet through a central angle of 02 °18'42 "; • Thence leaving said west margin. Of Southcenter Parkway S 85° 12'11" W a distance of 182.00 feet; Thence S 11 °59'33" E'a distance of 61.67 feet; Thence S 88 °25'36" E a distance 02'115.17 feet;• .Thence N 11°59'33" W a distance of 91.74 feet; Thence S 88 °25 E a distance of 66.85.feet to the west margin of Southcenter Parkway as established in King County 1; Auditor's rile o. 6343967; Thence S 11 °59'33" E along said west margin as established in King County Auditor's File No. 6343867 and No. ' 6343865 a distance of 531.16 feet; Thence leaving said west margin, N 07 "45'57" W a distance of 210.00 feet; Thence S11°59'33" l; a distance of 235.54 feet to the true pint of beginning. ' .= !'?�:�: 11 .0W.SHIP 23 NORTH, RANGE ATHA�T ^N OF THE SOUTHEASTIURTER OF THE SOUTHWEST QUARTER OF TI3': ST• W.M.• IN KING COUNTY, WASHING r �• DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST DUARTE: CF THE SOUTHWEST QUARTER OF SECTION 26; THENCE NORTH S7 °45'57" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PAP.KAAY AS ESTAPLISNEC IN KING COUNTY AUDITOR'S PILE NOS. 6343862, 6343863. 6343865, 6343 067 A".D 6343868; THENCE NORTH 11 WEST ALONG SAID WEST NARGI': A DISTANCE OF 830.58 FEET; THENCE CONTINUING ALONG SAID WEST MARGIN ON A CURVE TO THE RIGHT, HAVING A RACIUS OF 991.37 FEET, AN ARC DISTANCE OF 227.26 FEET THROUGH A CENTRAL ANCLE OF 13 °08'08 "; THENCE NORTH 01 EAST ALONG, SAID WEST MARGIN A 01STANCE OF 74.95 FEET TO THE TRUE POINT PF SEGIN".ING; THENCE NORTH 88 °51'25" WEST A DISTANCE OF 69.00 FEET; THENCE NORTH 01 °08'35" EAST A DISTANCE OF 12.00 FEET; THENCE NORTH 88 °51'25" WEST A DISTANCE OF 38.00 FEET; THENCE SOUTH 01 °08'35" WEST A DISTANCE OF 12.00 FEET; THENCE NORTH 8RO51'25" WEST A DISTANCE OF 195.64 FEET TO THE CENTER OF A RAILROAD EASEMENT AS DESCRIBED IN INSTRUMENT RECORDED UNDER KING COUNTY RECEIVING N0. 7711090221; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF SAID RAILROAD EASEMENT ON A CURVE TO THE RIGHT THE CENTER OF WHICH BEARS SOUTH 56 °15'51" EAST HAVING A RACIUS OF 410.28 FEET AN ARC DISTANCE OF 102.00 FEET THROUGH A CENTRAL ANGLE OF 14 °14'40 "; THENCE NORTH 12 °28'30" WEST A DISTANCE OF 33.38 FEET; THENCE NORTH 04 °34'26" WEST A DISTANCE OF 50.16 FEET; THENCE NORTH 01 °41'39" EAST A DISTANCE OF 54.76 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 87 °55'53" EAST ALONG SAID NORTH LINE A DISTANCE OF 250.00 FEET TO SAID WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 01 °08'35" WEST ALONG SAID WEST MARGIN A DISTANCE OF 211.33 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2A: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST. W.M., IN KI.G COUNTY, WASHINGTON, OESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26; THENCE NORTH 87 °45'57" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AS ESTABLISHED IN KING COUNTY AUDITOR'S FILE NOS. 6343062, 6343863, 6343865, 6343867 AND 6343868; THENCE NORTH 11 °59'33" WEST ALONG SAID WEST MARGIN A DISTANCE OF 725.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88 °25'36" NEST A DISTANCE OF 66.85 FEET; THENCE SOUTH 11 °59'33" EAST A DISTANCE OF 91.74 FEET; THENCE NORTH 88 °25'36" WEST A DISTANCE OF 115.17 FEET; THENCE. NORTH 11 °59'33" WEST A DISTANCE OF 261.67 FEET; THENCE NORTH 85 °12'11" EAST A DISTANCE OF 182.00 FEET TO SAIL WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTHERLY ALONG SAID WEST MARGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 82 °54'26" EAST HAVING A RACIUS OF 991.37 FEET, AN ARC DISTANCE OF 84.78 FEET THROUGH A CENTRAL ANGLE OF 04 °53'59"; THENCE SOUTH 11 °59'33" EAST ALONG SAID WEST MARGIN A DISTANCE OF 105.15 FEET TO THE TRUE POINT OF BEGINNIN.IG. PARCEL 29: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26. TOWNSHIP 23 NORTH, RANGE 4 EAST, N.M., IN KING COUNTY. WASHINGTON., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26; THENCE NORTH 87 °45'57" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AS ESTABLISHED IN KING COUNTY AUDITOR'S FILE NOS. 634386 ?. 6343863. 6343865, 6343867 AND 6343868; THENCE r10RTH 11 °59'33" WEST ALONG SAID HEST MARGIN A DISTANCE OF 830.58 FEET; THENCE CONTINUING ALONG SAID WEST MARGIN ON A CURVE TO THE RIGHT. HAVING A RADIUS OF 991.37 FEET. AN ARC DISTANCE OF 124.78 FEET THROUGH A CENTRAL ANGLE OF 07 °12'41" TO THE TRUE POINT 0E BEGINNING; THENCE SOUTH 85 °40'03" WEST A DISTANCE OF 274.13 FEET; THENCE NORTH 01 °08'35" EAST A DISTANCE OF 30.66 FEET; THENCE SOUTH 8b °51'25" EAST A DISTANCE OF 272.39 FEET TO SAID WEST MARGIN OF SOUTHCENTER SOUTH; THENCE SOUTHERLY ALONG SAID WFST MARGIN ALONG A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 85 °45'26" EAST HAVING A RADIUS OF 991.37 FEET AN ARC DISTANCE OF 9.31 FEET THROUGH A CENTRAL ANGLE OF 00 °32'18" TO THE TRUE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF THE. SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTIUN 26. TOWNSHIP 23 NORTH, RANGE 4 EAST. N.M.. IN KING COUNTY, WASHINGTON, AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35. TOWNSHIP 23 NORTH, RANGE 4 EAST. W.M.. IN KING COUNTY. AASHINGTJN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 87 °45'57" WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER. A CISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTEF PARKWAY, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 11 °59'33" EAST ALONG SAID WEST MARGIN, A DISTANCE OF 41.27 FEET; THENCE NORTH 87 0 45'57" WEST 210.00 FEET; THENCE NORTH 11 °59'33" WEST 235.54 FEET; THENCE SOUTH 87 °45'57" EAST 210.00 FEET TO SAID WEST MARGIN; THENCE SOUTH 11 °59'33" EAST ALONG SAID WEST MARGIN, A DISTANCE OF 194.27 FEET TO THE TRUE POINT OF BEGINNING. rqe, _3 4- • 7 I Description of Carries 'ouse Site, Perl :way rhea West. Th portion of the southeast quarter of the southwest quarter of Section 26, Township 23 North, Range 4 East, W. M. in the City of Tukwila, County of King, State of Washington described as follows: Beginning at the southeast corner of said southeast quarter of the southwest quarter of Section 26; Thence N 87 ° 45'57" W along the south line of said southeast quarter of the southwest quarter a distance of 481.05 feet to the west margin of Southcenter Parkway as established in King County Auditor's File Nos. 6343862, 6343263, 6343865, 6343867 and 6343868; Thence N 11 ° 59'33" W along said west margin a distance of 830.58 feet; Thence continuing along said west margin on a curve to the right•having a radius of 991.37 feet, an arc distance of 134.09 feet through a central angle of C7 ° 44'59" to the true point of beginning;' Thence N 88 °51'25" i•1 a distance of 272.38 feet; Thence N.01 °08'35" E a distance of 168.00 feet; Thence S 88 °51'25" E a distance of 161.00 feet; Thence N 01 °08'35" E a distance of 12.00 feet; Thence S 88 °51'25" E a distance of 38.00 feet; Thence S 01 °08'35" W a distance of 12.00 feet; Thence S 88 °51'25" E a distance of 69.00 feet to said west margin of Southcenter Parkway and the northeast corner of the herein described tract; Thence S 01 °08'35" W along said west margin a distance of 74.95 feet; .Thence continuing along said west margin on a curve to the left having a radius of 991.37 feet, an arc distance of 93.19 feet through a central angle of 05 °23'09" to the true point of beginning. • .Legal Description of the North Canyon Area • That portion of the southeast quarter of the southwest quarter of Section 26, Township 23 North, Range 4 East, W. M. in the City of Tukwila, King County, Washington described as follows: Beginning at the southeast corner of said southeast quarter of the southwest quarter of Section 26; Thence N 87 °45'57" W along the south line of said southeast quarter of the southwest quarter a distance of 1312.15 feet to the southwest corner of said southeast quarter of the southwest quarter; Thence N 00 °50'36" E along the west of said southeast quarter of the southwest quarter a distance of 819.01 feet to the true point of beginning; Thence continuing N 00 °50'36" E along said west distance of 140.00 feet;, Thence N 60 °27'22" E along a distance of 49.54 feet; Thence N 69 °14'47" E along feet; Thence feet; Thence feet; Thence S 89 °11'35" E along said toe a feet•to the centerline of a railroad easement under King County Receiving No. 7711090221; Thence along said centerline on a curve to the left, the center of which bears S 66 °50'05" E having a radius of 410.28 feet through a central angle of 22 °50'40" an arc distance of 163.58 feet; Thence S 00 °19'15" W along said centerline a distance of 20.71 feet; Thence leaving said centerline S 85 °08'34" W a distance of 255.03 feet to the true point of beginning. N 76 ° 14'21" E along N 83 ° 54'41" E along the toe of said said said EXCEPT the east 11 feet thereof. toe a toe a toe a slope to distance distance distance line a the north of of of 50.80 50.45 75.43 distance of 70.65 recorded : .� +.'�:::. FILED, for Record at Request of Name. .�4.;: Address...3 Se.Q - Ft ;& 214 r • . - tb2c. 8301030384 revised pROPERTY USE AND DEVELOPMENT AGREEMENT JAN 20 1983 r: ANNlNG DEPT. S INSTRUMENT, executed this 2 day of December, 1982, in favor PAVILION of the CITY OF TUKWILA, a municipal corporation ( "the City" herein), by the JACK A. BENAROYA COMPANY, a Washington corporation ( "Benaroya" herein): WITNESSETIi : WHEREAS, Benaroya is owner of certain real property located in the City of Tukwila, County of King, State of Washington, which is more particularly described in Exhibit 1 attached hereto and incorporated herein by reference ( "the Property" herein); WHEREAS, Benaroya has developed a retail shopping center called, "Pavilion Outlet Center" (the "Pavilion ") in an existing structure located on a portion of the property pursuant to a building permit No. 2245 granted by the City of Tukwila; and WHEREAS, the granting of the subject building permit by the City of Tukwila was conditioned upon Benaroya's execution of a Property Use and Development Agreement dated February 23, 1982, to provide a Parking Plan for the benefit of the Property, which agreement was recorded under King County recording number 820309492; and PAVILION - REVISED PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 9853A /DDW FILED for Record at Request of Name (\- Q.< fr-c.0 Address 2 10:34 E► 1: 3. o ► :► *:+:*11.00 22 WHEREAS, Benaroya has applied for and the City of Tukwila has granted a Conditional Use Permit (82 -20 -CUP) pursuant to Sec. 18.56.040(1)(B) of the Tukwila Municipal Code allowing the use of an off - premise parking area to service the Property; and WHEREAS, the City Council on November 22, 1982, sitting as a committee of the whole, directed that the Planning Department arrange for the execution of this agreement in replacement of the former agreement and that the City release its interest under the former agreement; and WHEREAS, the City of Tukwila and Benaroya pursuant to such action by the City Council now wish to revise the subject Property Use and Development Agreement; NOW, THEREFORE, Benaroya hereby covenants, bargains and agrees on behalf of itself, its successors and assigns, that the Property shall be developed and used in accordance with the following terms and conditions: 1. The Parking Plan (consisting of both Parking Plan "A" and Parking Plan "B "), attached hereto as Exhibit 2 and incorporated herein as if fully set forth, shall be instituted by Benaroya pursuant to the terms of said plan. 2. This Agreement shall be recorded in the records of the King County Department of Records and Elections and filed in the records of the City Clerk, and the covenants hereof shall be deemed to attach to and run with the Property and shall be binding upon Benaroya, its successors and assigns, and shall PAVILION - REVISED PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 2 9853A /DDW apply to any after - acquired title in Benaroya to the Property. 3. This Agreement may be amended or modified by written agreement between Benaroya and the City upon approval by the City Attorney. 4. This Agreement is made for the benefit of the City and property owners located within 300 feet of the Property, and the City may institute and prosecute any proceedings at law or in equity to enforce this Agreement, including one for injunctive relief. Any judgment so obtained may include an award of reasonable attorney fees to the prevailing party. 5. Nothing in this Agreement shall prevent the City Council from making such further amendments to the Building Code and Zoning Code as it may deem necessary in the public interest. Nothing in this Agreement shall prevent the application to the Property of future amendments to the Building Code and Zoning Code, if otherwise applicable. 6. In the event any covenant, condition or restriction hereinabove contained, or any portion of this Agreement is held to be invalid, such invalidity shall in no way affect any other covenant, condition or restriction hereinabove contained. DATED: , 1982. PAVILION - REVISED PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 3 9853A /DDW JACK. BE AROYA C• ANY By k A. Benaroya, Preside STATE OF WASHINGTON COUNTY OF K I N G ) ss. On this date, before me, the undersigned, personally appeared before me JACK A. BENAROYA, to me known to be the President of JACK A. BENAROYA COMPANY, the corporation that executed the within and foregoing PROPERTY USE AND DEVELOPMENT AGREEMENT and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and CO purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument. 9/ GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of Dui , 1982. co PAVILION - REVISED PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 4 9853A /DDW otary Public in and)got' the---,,., State of Washington 141n9 ' a t �1 • 1 • 11 C t v.. ' % `' f . ✓' EXHIBIT 1 LEGAL DESCRIPTION OF PAVILION OUTLET CENTER THAT PORTION'0F THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUA 0 SECTION 35, TO'nNSHIP 23' NORTH, RANGE 3, EAST. W.M., IN KING COUNTY, ASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NO•TH'W'EST QUARTER OF THE NORTHEAST QUARTER ; SOUTH 02 WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUa• TER. A DISTANCE OF 894.47 FEET TO THE NORTH'LINE.OF THE SOUTH 430 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE TRUE POINT OF BEGINNING; THENCE NORT~ 87 WEST ALONG .SAID NORTH LINE A DIST NCE OF 177.29 FEET TO A LINE 36• FEET EASTERLY OF THE CENTERLINE OF 'OUTHCENTER PARKWAY (FORMERLY 57TH AVENUE SOUTH); THENCE SOUTH 1 EAST ALONG SAID LINE A DISTANCE OF 322.74 FEET; THENCE A CURVE TO THE LEFT HAVING A RADIUS OF 107.24 FEET, AN ARC DISTANCE OF 141.96 FEET THROUGH A CENTRAL ANGLE OF 75'50'36" TO A LINE 36 FEE NORTHERLY OF THE • CENTERLINE tF SOUTH 180TH STREET; THENCE SO TH 87'50'09" EAST ALONG SAID LINE A DISTANCE OF 576.70 FEET TO A LI E 740.70 FEET WEST OF THE EAST LINE OF SAID NORTHWEST QUARTER OF THE ORTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 01'51'39" EAST A 0 STANCE OF 553.99 FEET TO 4 POINT' SOUTH 01'51"39" WEST 50.00 FEET FROM . HE SOUTHWEST COR OF THE TRACT OF LAND CONVEYED TO BRUCE E. MC CANM, ET AL, BY GEED RECORDED • UNDER RECORDING NO. 7208170551; . THENCE NOP.T 87'55'02" WEST 220.00 FEET; THENCE NORTH 01'51'39" EAST 50.00 FEE ; THENCE NORTH 87'55.02" WEST A DISTANCE OF 216.09 TO A POINT 1 0.16 FEET EAST OF THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 02 WEST A DISTANCE OF 209.26 FEET TO THE NORTH LINE OF THE SOUTH 430 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 87'50'09" WEST A DISTANCE OF 140.16 FEET TO THE TRUE. • POINT - OF - BEGIWNI NG. TOGETHER WITH ANON- EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER AND 'ACROSS A STRIP OF LAND 50 FEET IN WIDTH DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT CONVEYED TO 186 CORPORATION BY DEED RECORD 7111100109; THENCE NORTH 87'55'02" WEST A .THENCE SOUTH 01'51'39" WEST PARALLEL TO AN 50.00 FEET; THENCE SOUTH 87'55'02" EAST A THE WEST MARGIN OF ANDOVER PARK WEST; THEN SAID WEST t4ARGIN A DISTANCE OF 50.00 FEET SAID TRACT OF LAND CONVEYED BY RECORDING N • 87'55'02" WEST ALONG, THE SOUTH LINE OF SAI 270.00 FEET TO THE POINT OF BEGINNING. FILED for Record at e Uest ,01 6?,/ r Name. ..."�t,L�.- �.... tLe Address • E,UAIN TRACT OF LAND D UNDER RECORDING NO. IST'ANCE OF 660.70 FEET; OVER PARK WEST A DISTANCE OF 'STANCE OF 930.70 FEET TO E NORTH 01'51'39" EAST ALONG 0 THE SOUTHEAST CORNER OF . 7111100109; THENCE NORTH TRACT OF LAND A DISTANCE OF RECORDED 1 HIS r)iG1 JAN 3 1. 31 PM BY THE DIVISION OF RECORDS & ELECTIONS KING •COUNT Y EXHIBIT 2 TO PROPERTY USE AND DEVELOPMENT AGREEMENT PARKING PLAN PARKING PLAN "A" PAVILION - REVISED PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 5 9853A /DDW PARKING PLAN "A" Benaroya shall adhere to the terms and conditions contained in the Conditional Use Permit for Off- Premises Parking Area at the Pavilion as follows: 1. The subject off - premise parking area is depicted by the plan designated Exhibit A -1 attached hereto and said off - premise parking area is more fully described by Exhibit A -2 which is also attached. 2. A total of 740 parking spaces shall be required to serve the Pavilion Outlet Center. Of that total, 518 spaces shall be provided on the Pavilion site proper. At least 222 additional spaces, but no more than 500 additional spaces shall be provided at the southeast quadrant of 57th Avenue South and South 180th Street by lease agreement in accordance with the terms of City of Tukwila Conditional Use Permit 82 -20 -CUP. 3. Parking closest to the Pavilion shall be reserved for the customers of the Center with parking areas for tenants and employees specifically designated at a less convenient location. 4. In the event that the implementation of the provisions of Paragraphs 1 through 3 hereinabove fails to prevent or alleviate traffic congestion and parking problems at or near the proprty, Benaroya may, at its discretion, implement such other measures approved by the City's Planning Department, which shall provide additional parking spaces to serve the Pavilion. ..* • EXHIBIT A-1 •• •• ••••• •■•••••••• 10. r !.7 'rrairtt Toe: \ \ \ A \ • A \ \ • `• • X • • • . • 0 4 - .11 4 .i.•••'•11...., A 4---- desk , fl•mmia OLNIPb oll II•••••• ••••••••••••••■•••••••••••••••1••• ••11 ••••• Mal 1•■•••••••• MON... 001 riv boc SC0 0 0,9 , :•; •“"... .^:":": • . • • • • • — - -'"'• Acrq. •••0 L0 ••••• P1D8 •• EXHIBIT A -2 LEGAL DESCRIPTION 82 -20 -CUP Those portions of the southwest quarter of the northeast quarter and southeast quarter of the northwest quarter, all in Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: 'Commencing at the northwest corner of the said southwest quarter of the northeast quarter; thence'S 88 °54'46" E along the north line of said subdivision, 449.30 feet; thence S 01 °05'14" W, 36.0 feet to the southerly margin of South 180th Street and the true point of beginning; thence continuing S 01 °05'14" W, 365.78 feet; thence N 88 °54'46" W, 424.89 feet; thence S 86 °58'00" W 103.76 feet; thence S 58`20'50" W, 74.23 feet to the easterly margin of 57th Avenue South (Southcenter Parkway); thence N 08 ° 43'18" E along said .easterly margin, 316.06 feet; thence N 14 °46'53" E along said easterly margin,' 63.77 feet; thence on said easterly margin along a curve to the right having a radius of 50 feet through a central angle of 76 °18'21 ", an arc distance of 66.59 feet; thence S 88 °54'46" E along the southerly margin of said South 180th Street, 485.16 feet to the true point of beginning PARKING PLAN B - Page 1 PARKING PLAN "B" PAVILION - REVISED PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 6 9853A /DDW At such time as the City of Tukwila Planning Department determines that a dangerous or undesirable parking situation exists on the Property as a result of the use of the Pavilion Outlet Center, or as a result of any other development of the Property, Benaroya shall cause to be implemented Parking Plan rr OD "B" containing the following elements which replace O those contained in Parking Plan "A ": Construction of a parking structure on the Pavilion Outlet cl QD site proper with sufficient parking capacity to satisfy the Tukwila Planning Department that the dangerous or undesirable parking situation has been corrected. Such structure, if required, shall not increase the number of parking stalls which is now required by applicable codes for the existing uses on the Property, as follows: 740 spaces for the Pavilion Outlet Center as approved by existing building permits, together with any additional parking spaces required by any permits later issued for more intensive uses on the Pavilion Outlet Center site proper. The decision of the City's Planning Department requiring Benaroya to implement Parking Plan "B" shall be made in writing and a copy of such determination shall be sent by the City, by certified mail, to Benaroya. Benaroya shall implement said Plan within 90 days of such notice. PARKING PLAN B - Page 2 PAVILION - REVISED PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 7 9853A /DDW Benaroya may appeal the decision of the Planning Department requiring implementation of Parking Plan "B" by filing a written notice of appeal with the City Clerk. Such appeal shall be considered by the City Council within 30 days of the filing of the notice of appeal. The City Council may affirm, deny, or modify the determination of the Planning Department. The decision of the City Council shall be final. 1908 A City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 November 22, 1982 Gary L. VanDusen, Mayor Mr. Gregory Bertram, Assistant Secretary Mr. Joel Benoliel, General Counsel Jack A. Benaroya Co. 5950 Sixth Avenue South Seattle, WA 98108 RE: Conditional Use Permit for Off - Premise Parking Area The Tukwila Planning Commission approved the conditional use permit for the Pavilion Outlet Center off - premise, parking area according to exhibits "A" and "B" of the application at their regular meeting November 18, 1982 subject to the following conditions: 1) The subject conditional use permit is approved for operation of an off - premise parking lot as provided in TMC 18.56.040(1B) and is issued for the benefit of the Jack A. Benaroya Company. The subject conditional use permit shall not be considered transferable, except on prior . approval of the Planning Commission. 2) The conditional use permit shall be subject to annual review by the Planning Commission to ascertain the status of the lease dated 28 April 1982 as referenced in the memorandum of lease recorded under auditor's file number 8206220535. The conditional use permit shall be deemed to expire simultaneously with the expiration or abrogation of said lease, unless the property described in said memorandum of lease is purchased in fee by the Jack A. Benaroya Company as provided in recital #2 of said memorandum. 3) Nothing in the terms and provisions of this conditional use permit shall • modify the terms of the property use and development agreement recorded under auditor's file number 8203090492 as said agreement reads this date, or as it may be amended subsequently. 4) The findings of the Board of Architectural Review in May 1982 shall be reaffirmed as follows: A) Modification of Phase I and II limits per staff - suggested alterna- tive depicted on exhibit "A." B) Installation of sidewalk on So. 180th St. per Ordinance 1233. Sidewalks to be deferred on 57th Avenue So. until wd:dening of the street occurs or development occurs to the south. Page -2 Mr. Gregory Bertrany'.9ssistant Secretary • Mr. Joel Benoliel, . .feral Counsel November 22, 1982 Sincerely, CAL / Caroline V. Berry Assistant Planner CVB /blk xc: Ping. Dir. Attachment If you have any questions pertaining to this matter, please call me at 433 -1849. C) Deletion of end -aisle parking stalls as depicted on Exhibit A. D) Final approval of all facilities associated with development of this parking area, including drainage and utilities, shall be subject to Public Works Department approval. E) Prior to construction of this parking facility, applicant shall present to the Planning Division documentation by deed, easement or other binding agreement from the property owner authorizing use of the site of this purpose.. 4 r■i■ ya.r WNW .rIMP rMEMS r.s• N ■■■■■■•••••• MOM.* r,•r••p 'y M••, e r Mlt d WS led • s••• , te r : :0., 47,- ": ". ^ • • . • r . • EXHIBIT B LEGAL DESCRIPTION 82 -20 -CUP Those portions of the southwest quarter of the northeast quarter and southeast quarter of the northwest quarter, all in Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Commencing at the northwest corner of the said southwest quarter of the northeast quarter; thence'S 88 °54'46" E along the north line of said subdivision, 449.30 feet; thence S 01 °05'14" W, 36.0 feet to the southerly margin of South 180th Street and the true point of beginning; thence continuing S 01 °05'14" W, 365.78 feet; thence N 88 °54'46" W, 424.89 feet; thence S. 86 °58'00" W 103.76 feet; thence S W20'50" W, 74.23 feet to the easterly margin of 57th Avenue South (Southcenter Parkway); N 08 °43'18" E along said .easterly ma 316.06 feet; thence N 14 °46'53" E along said easterly margin,' 63.77 feet; thence on said easterly margin along a curve to the right having a radius of 50 feet through a central angle of 76 °18'21 ", an arc distance of 66.59 feet; thence S 88 °54'46" E along the southerly margin of said South 180th Street, 485.16 feet to the true point of beginning 8206220535 MEMORANDUM OF LEASE wj THIS MEMORANDUM OF LEASE is made and entered into this A 'day of , 1982, by and between HERMAN SCHOENBACHLER and RUTH SCHOENBACHLER, husband and wife, and ROBERT W. SCHOENBACHLER, a married man, as his separate property (hereinafter called "Lessor "), and JACK A. BENAROYA COMPANY, a Washington corporation (hereinafter called "Lessee "), as follows: 1. Term and Premises. Lessor leases to Lessee and Lessee leases from Lessor that certain real property located in Tukwila, Washington, legally described as follows: Those portions of the southwest quarter of the northeast quarter and southeast quarter of the northwest quarter, all in Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: ;tai+JWI 901 S�4 ! =,1P TOAS Commencing at the northwest corner of the said southwest Icy ���� ' lk I'S 'ry1 AB quarter of the northeast quarter; thence S 88°54'46" E along the north line of said subdivision, 449.30 feet; ' thence S 01 °05'14" W, 36.0 feet to the southerly margin of South 180th Street and the true point of beginning; 4.1;14A 0, 34 thence continuing S 01 °05'14" W, 365.78 feet; thence N 88 °54'46" W, 424.89 feet; thence S 86 ° 58'00" W 103.76 feet; thence S 58Q20 W, 74.23 feet to the easterly margin of 57th Avenue South (Southcenter Parkway); thence N 08 °43'18" E along said easterly margin, 316.06 feet; thence N 14 °46'53" E along said easterly margin, 63.77 feet; thence on said easterly margin along a curve to the right having a radius of 50 feet through a central angle of 76 °18'21 ", an arc distance of 66.59 feet; thence S 88 ° 54'46" E along the southerly margin of said South 180th Street, 485.16 feet to the true point of beginning (hereinafter called "the Premises "), for a term of one (1) year commencing June 1, 1982, together with options in favor of Lessee to extend the term for two (2) successive periods of one (1) year each commencing at the expiration of the initial term, as more fully described in a Lease dated April 28, 1982. Under the provisions of such Lease, Lessee may use the Premises for a parking lot. 2. Right of First Refusal. Pursuant to Article 15 of such Lease, Lessor grants to Lessee a right of first refusal with respect to bona fide offers from third parties with respect to purchase or lease of the Premises under the terms and conditions therein specified. 1% EXCISE TAX NOT REQUIRED Ping Co. Records uwision BY . , Deputy ` 3. Purpose. This Memorandum of Lease is prepared for purposes of recordation only, and in no way modifies the provisions of the Lease. IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease on the date first above written. A Z � r cct�.A SCH NBACHLER &i./k RUTH SCHOENBACHLER ,4406o-dictlat /(1.(k y�. STATE OF WASHINGTON COUNTY OF KING On this ,' day of ' /� / , 1982, personally appeared before me HERMAN SCHOENBACHLER, RUTH SC H O ENBACHLER and ROBERT W. SCHOENBACHLER, to me be the individuals described in and who executed the within and instrument, nstrument, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes mentioned therein. ERT W. SCHO N:A HLER 1 l \ S OF WASHINGTON COUNTY OF KING ss. s s. JACK .I- BENAROYA COMPANY By/ ack A. Benaroya, President ta '41 Oat/AL NOTARY PUBLIC in and for the/State of Washington, residing at /.Z Washington, residing On this 7 day o 1982, personally ,appeared befoice me JACK A. BENAROYA, to •own to be the President of Jack' A.'Benarbya Comptny, the corporation that ex ed the within and foregoing instrument,(and'acknpii- ledged to me that he was authorized to sign the same on behalf bf the co'rpdration as its free and voluntary act and deed for the uses and purposes .mentione i� therein. ' 64A......0.44::" it NOTARY PUBLIC in and fo State �1