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Permit 81-25-SMP - SHEETS - GREEN RIVER OFFICE COMPLEX SHORELINE SUBSTANTIAL DEVELOPMENT
81-25-smp not built GREEN RIVER OFFICE COMPLEX SHORELINE SUBSTANTIAL DEVELOPMENT SHEETS GREEN RIVER OFFICE COMPLEX SHORELINE SUBSTANTIAL DEVELOPMENT JOHN SPELLMAN Governor STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 4350-750th Avenue N.F. • Redmond, Washington 98052 September 28, 1981 City of Tukwila 6200 S. Center Blvd., *Tukwila, Washington 98188 Dear MS./Mr.: p1ENOdIED OCT 1 1981 CITY OF TOKWILA PLANNING DEPT, Re: COUNTY: KING APPLICANT: JERRY B. SHEETS SHORELINE MANAGEMENT PERMIT #N 3493 -17 A (81- 25- SNIP.') Develoazt of two office buildings. The-subject Shoreline Management Substantial Development Permit was received by this office on September 24,, 1981 The review period by the Department of Ecology and the Attorney General's Office will termi 30 days from the above date. If no notice a appeal is received, construction pursuant to the permit may commence following expiration of the review period; provided, howev. all other federal;, state, and local laws regulating such construction have been complied with. NK:sb cc Jerry B. Sheets Headquarters Shara Stelling ECY 050 -1 -28 Rev. 6/78 Sincerely, L P{ source Management NORTHWEST REGIONAL OFFICE DONALD W. MOOS Director W1 A '1908 ;s City of Tukwila ? 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor Department of. Ecology Northwest Regional Office 4350 150th Ave. E. Redmond, WA 98052 MC /blk xc: Attorney General J.B. Sheets 22 September 1981 SUBJECT: Application 81 -25 -SMP Shoreline Mgmt. Substantial Dev. Permit Enclosed is a copy of City of Tukwila Shoreline Management Substantial Development Permit 81 -25 -SMP and related materials. The permit has been approved by this office after processing in accordance with the Shore- line Management Act of 1971, and the State Environmental Policy Act. We have also determined that this permit action is consistent with the provisions of the Tukwila Shoreline Master Plan Program. Approval by the Department of Ecology will allow construction of two, three -story office buildings with related surface parking and flood con- trol improvements. TUKWILA PLANNING DEPARTMENT Mark Caughey Acting Planning Director SHOP ".INE MANAGEMENT ACT OF 19,71. PERMIT FOR SHORE INE MANAGEMENT SUBSTANTIAL DEVELOPMENT NOTE - THIS PAGE FOR LOCAL GOVERNMENT USE ONLY Date 22 September 1981 Type of Action ® Substantial Development Permit ❑ Conditional Use ❑ Variance Pursuant to RCW 90.58, a permit is hereby granted to Jerry B. Sheets (name of applicant) 1818 Westlake Ave. N. Seattle, WA 98 109 to undertake the •following development buildings of 3 stories each upon the following property township, range) Application No. • 81- 25 -SMP Administering Agency City of Tukwila (City or County) Date received . July 1981 Approved XXX Denied The project will be within shorelines of statewide (be /not be) significance (RCW 90.58.030). The project will be located within an urban designation. The following master (environment) program provisions are applicable to this development Tukwila Shoreline Master Plan Program - Chapter 6 (state the master program sections or page numbers) Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions 1) Board of Architectural Review approval for site. archi- tecture and landscaping of the project approved as Exhibits A, B, C, & D of this Shoreline Management Permit shall be required prior to commencement of site prepara- tion or issuance of building permits. Construction of two office (be specific) W �� 24 -�� -R4 W M Vi) (legal description,`i.e., section, 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. I CONSTRUCTION PURSU NOT AUTHORIZED UNTI THE FINAL ORDER OF OFFICE OF THE DEPAR OR UNTIL ALL REVIEW DAYS FROM THE DATE ZZ ser pt • (Date) Date received Approve (Date) 0 .V T TO THIS PERMIT WILL NOT BEGIN OR IS • .THIRTY (30) DAYS. FROM THE DATE OF FILING HE LOCAL GOVERNMENT WITH THE REGIONAL MENT OF ECOLOGY AND THE ATTORNEY GENERAL, PROCEEDINGS INITIATED WITHIN THIRTY F SUCH FILING HAVE TERMINATED.' irecto ffice of Communl ty Development THIS SECTION FOR DE•ARTMENT OF ECOLOGY USE ONLY IN REGARD TO A SUBSTANTIAL DEVELOP ENT PERMIT WITH A CONDITIONAL USE OR VARIANCE. y Department of Ecology Denied This substantial development permit with conditional use / variance is approv =d by the Department of Ecology pursuant to chapter 90.58 RCW. Development shall be undertaken pursuant to the following addi•ional terms and conditions: (Signature of Authorized Department of Ecology Official) • MASTER LAND DEVELOPMENT APPLICATION FORM 1. General location of proposed project otherwise relate to nearby intersections or streets.) within W% SUPPLEMENTARY QUESTIONAIRE 'chedule B SHORELINE MANAGEMENT (give street address, if known, (quarter section of section N.W 24 of township 23 N., Range 4 W.M., in Thkwila, 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 Ostg improvements 4. Proposed use of property Two, three -story office buildings 5. A. Total construction cost and fair market value of proposed project including additional developments contemplated but not included in this application: $ &5nn ,nnn B. Construction dates (month and year) for which this permit is requested: Begin February, 1982 End November, 1982 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 rip -rap, minimal vegetation 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. NONE GREEN RIVER INVESTORS OFFICE BUILDING The proposed building as illustrated in Drawing P -1 is a three story office building containing approximately 65,000 s.f. of which 57,000 s.f. ± is•leaseable. The building height from grade (measured five feet from perimeter from building) and mean roof elevation is 35 feet. Certain elements will project above this height (i.e. mechanical equipment stair towers, parapet, etc.). The relatively flat site of approximately 11,040 s.f. (2.55 acres). is located on the Green River bounded on the west by Fort Dent access road and the south by Southcenter Blvd. LAND USE DESCRIPTION Land to the north, east & south within 1,000 feet is commercial use, with the exeption of Fort Dent Park. To the west across Interurban Ave. are residential lots. BENCH MARK. ELEVATION DESCRIPTION Bench mark rim of sanitary sewer manhole in Southcenter Blvd. 307' northerly of the centerline of the intersection of Inter- urban Ave. Elevation 28.87' above mean sea level datum U.S.C. & G.S. PARCEL 1: All that certain real property situate in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at Highway Engineer's Station P.O.T. (2M) 127 + 75.0 on the 2M line shown on the State Highway map of Primary State Highway Number 1 (SR 405) Green River interchange, sheet 2 of 4 sheets, established by Commission Resolution Number 1192, February 19, 1962; thence northeasterly at right angles to said 2H line north 30 °27'06" east 284.88 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 300.00 feet and a central angle of 08 ° 19'06 ", an arc length of 43.56 feet; thence tangent to the preceding curve north 22 °08'00' east 309.43 feet; thence north 64 ° 00'36" east 60.00 feet to a point on the northeasterly line of Southcenter Boulevard as conveyed to the City of Tukwila by Deed recorded October 29, 1974 under Recording Number 7410290105 and the TRUE POINT OF BEGINNING of the parcel to be described herein; thence from said TRUE POINT OF BEGINNING along said northeasterly line from a tangent which bears north 25 °59'24" west, along the arc of a curve to the left having a radius of 60.00 feet and a central angle of 33 °25'21 ", an arc length•of 35.00 feet, to a point on the boundary of that parcel of land conveyed to King County by Deed recorded July 30, 1975 under Recording Number 7507300471; thence along the southeasterly and northeasterly boundary of said parcel north 30 °35'15" east 1.82 feet; thence north 59 °24'45" west 66.73 feet; thence north 55 °24'30" west 50.12 feet; thence north 37 °36'40" west 95.23 feet; thence leaving said northeasterly boundary of land conveyed to King County north 63 °35'49" east 237.32 feet; thence south 26 °24'11" east 227.32 feet; thence south 63 °35'49" west 150.00 feet to the TRUE POINT OF BEGINNING, and containing 1.044 acres of land more or less. PARCEL II: All that certain reams ,property situate in the City us Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at Highway Engineer's Station P.O.T. (2M) 127 + 75.0 on the 2M line shown on the State Highway map of Primary State Highway Number 1 (SR 405) Green River interchange, sheet 2 of 4 sheets, established by Commission Resolution Number 1192, February 19, 1962; thence northeasterly at right angles to said 2M line north 30 ° 27'06" east 284.88 feet; • thence tangent to the preceding course along the arc of a curve to the left having a radius of 300.00 feet and a central angle of 08 ° 19'06 ", an arc length of 43.56 feet; thence tangent to the preceding curve north 22 ° 08'00" east 309.43 feet; thence north 64 ° 00'36" east 60.00 feet, to a point the northeasterly line of Southcenter Boulevard as conveyed to the City of Tukwila by Deed recorded October 29, 1974, under Recording Number 7410290105; thence north 63 °35'49" east 150.00 feet to the TRUE POINT OF BEGINNING of the parcel to be described herein; thence from said TRUE POINT OF BEGINNING north 26 °24'11" west 227.32 feet; thence south 63 °35'49" west 237.32 feet to a point on the northeasterly line of that parcel as conveyed to King County by Deed recorded July 30, 1975 under Recording'Number 7507300471; thence along said northeasterly line north 37 °36'40" west 42.54 feet more or less to the bank of the Green River; thence along the bank of the Green River'the following courses and distances; thence north 30 ° 04'58" east 78.63 feet; thence north 39 °21'15" east 91.49 feet; thence north 48 °39'58" east 58.48 feet; thence north 55 ° 39'53" east 64.93 feet; thence north 58 °47'17" east 157.87 feet; thence north 66 °39'37" east 113.10 feet; thence north 73 ° 24'10" east 65.68 feet; thence south 88 °17'03" east 55.70 feet; thence south 49 ° 00'11" east 126.60 feet; thence south 33 ° 29'18" east 143.48 feet; thence south 36 ° 57'02" east 86.00 feet; thence leaving said bank of the Green River south 63 °35'49" west 490.40 feet to the TRUE POINT OF BEGINNING EXCEPT the northwesterly and northeasterly 20 feet of said premises containing 4.055 acres of land more or less. • • • ' te 'Jo air •o••••11.1. mow.. 061.••• tamomm 411•0114 •,•1 • •• • SITS PLAN - -4 de +••••11..C. .10.1.16 erases 11•••••••.fr PLANNING DEPT EXHIBIT A - • ••■41 re! ••• •• M.F. Si- zs.. VAi" ) _p• /....1•••••( - 1 ------ PROJECT STATISTICS 00 6..16 GPM III■L 0,11 er..c..m....cy W.& Gme1.11t,orM. .11. 11 Clor•••■••••••PI ....• ..6 C.,41. .16 NV •P•,•• Oaftiet qif (C •... _■•••:1 •••• 19.4•■••• 1W 6.01. •••10•••••STOIta IA eve le gl.•••• A...WI /46•..g. ••••••■•■• oute....0 IlloS•Ogra 4to• •Sfar-Illb r.-- -. %Aro t. woorovi 46.4 1101411A. -c? • ,__.• • ; • • P-1 11111 alli • Walri/1 • IMMO =3111111 ;Imaliwimmes AINSILIVZ El 1. plf`Mfft Pqit a a 4 4 a a I C..) 0 • • • • ,F • ••10•4 Oar • 4 WS" "tt • r • 3.--4 • . - . __1 THEICI FLOOR PLAN • IPIRST FLOOR PLAN- - •••••••• - FRONT ELEVATION (.1,) . • Vas Ora" We.. 4.••••:• 2r r"r MAWS& ••••••• . awd111. A.1.11 PLANNING DEPT EXHIBIT 1 M.F. - SAP rim .••• .••••.a. • ••••••••. Car • 91 I O ...or m JO. vu, .. L2. 4.11-tat 440 1.1 P4 •0141alli• WNW • mrr.c.c.c. ON Wt.- PUMP 04 Mein itywo. 41 %'T' 111•11•■• I WINS . alL1•41.17.1.0...... I 4•10C1.1.01.••••0/•••• 16.0 0•4 V•1•0.- 11•16•14111A Cr411.011.1. ela4211. WALL SECTION XV •f v*p_ I 71.10 .4 dor mdll •••• •••111••• • • BIDE ELEVATION IF 0 6 ... Lo a Mo ..{•O.lt- ••o ir+aaeLfl U PROFILES F rc+n /n „M ■•• GYW WV OA Is r {a - ` .r.n mow....... ITT 0,w, FIN* • : ..r 441 von0 GaLLH RM• . PP' La .r.• •d ••• NI c.'seH Ff- y/ • .s rw {wl 0 S GREEN IVVW • /as N GREEM I M1 GREEN Fiver- sae re. GREN RIVER µ0 i•■ '•ti.. // Q N o•r�s: L ays ab. lin/a.'�V.. I,..W M1 Ir'f IY.'O �Wt7 pa groin ' i r /I W6.11 W6.11 sass" l P r++►aa'1 $ flI -• 4- 4 a.0 ..T10J ♦ FY. *W. !r PLANNING DEPT EXHIBIT M.F. 8 1- 25 SUMP X Y g • 3 1 •11 1 1 1 1 1 POPIT DENT P*MK VACANT LOT „r OFFICE COMPLEX • VACANT LOT 1908 City of Tukwila 6200 Scutt-center Ba,lerara Tukwila % 5rr ton 98188 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 JERRY B. SHEETS TELEPHONE:(206) 283 -8706 2) APPLICANT'S ADDRESS 1818 WESTLAKE ZIP: 98109 3) PROPERTY CANER'S WE JOHN T. MELIN TELEPHONE: (415) 781 -1874 4) PROPERTY CJI'NER'S ADDRESS 150 CHESTNUT ST. ZIP: 94111 SAN FRANCISCO, CALIF. 5) LOCATION OF PROJECT: (geographic or legal descrip.) SEE ATTACHED 6) NLEE OF PROJECT(OPTIONAL) GREEN RIVER INVESTORS OFFICE BUILDING SECTION II: PROJECT INFORMATION 7) BRIEFLY DESCRIBE 1HE PROJECT YOU PROPOSE: THREE STORY OFFICE BUILDING 8) DO YOU PROPOSE TO DEVELOP THIS PROJECT IN PHASES? Elms © NO 9) PROJECT a. NET ACRES 111,040 c. PARIXING SPACES 202 b. GROSS ACRES 111,040 `- d. FLOORS OF CONSTRUCTION THREE e. LOT AREA COVERAGE BLDG. 21 , 600Q. FT. LANDSCAPE 29 SQ. FT. PAVING SQ. FT. 10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 10;? D YES 1:10 11) EXISTING =ONING M-1 12. EXISTING c(IP.P.AN C -2 13) IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION OYES 11N0 ON THE CITY'S ENVIRO'NENTAL BASE MAP? :ADDRESS: a. 14) IF YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS, OR OTHER DOCUMENTS SENT TO ADDRESSES OTHER THAN APPLICAXF OR PROPERTY OWNER, PLEASE INDICATE BELOW. 1818 WESTLAKE AVE. N. wm: JERRY B. SHEETS SEATTLE, WASHINGTON 98109 OVER it ti cs b. N E:LANCE MUELLER & ASSOC. ADDRESS: 130 LAKESIDE, SUITE F R , SEATTLE, WASHINGTON 98122 SECTION III: APPLICANT'S AFFIDAVIT I, JERRY B. SHEETS , heing duly sworn, declare that I am the contract purchaser or owner or 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 r-r-ec - -t _to the best of my knowledge and belief. Subscribed and sworn before me (,-7 r� this day of t.4...6.. , 19 q / / DATE JUL-( (o (q$1 x (7 o Contract • Notary Public i d for the State of Washin ton residing at rc laser or owner) SECTION IV: SUPPORTING MATERIAL REQUIRET•MENTS TYPE OF APPLICATION REZONING CONDITIONAL USE [1VARIANCE flCOMPREHENSIVE PLAN AMENDMENT E SHORELINE MGMT. PERMIT EWAIVER OSHORT SUBDIVISION SUBDIVISION BINDING SITE IMPROVEMENT PLAN E ARCHITECTURAL REVIEW E LANDSCAPE REVIEW SUPPORTING DAIERIAL ** SCHEDULE E, 1,2,3,4,5,9 SCHEDULE C, 2,3,5,9 SCHEDULE F, 3,5,9 SCHEDULE D, 2,3,4,5,9 SCHEDULE B, 2,3,4,5,8 SCHEDULE A, 3,4,7 2,3;4,5,9 + ,12 2,3,4,6,9 9,10 11 * *SEE TABLE 1 FOR DESCRIPTION + OPTIONAL AT STAFF'S DIRECTION 3,9,10 Description of proposal Proponent Location of Proposal Lead Agency City of Tukwila This proposal has been determined to ()b 1( /not have) a significant adverse impact upon the environment. An EIS (0)9/is not) required under RCW 43.21C.030(2)(c). This decision was made after review by the lead agency of a completed environmental checklist and other information on file with the lead agency. Responsible Official Mark Caughey Position /Title Acting Planning Director Date COMMENTS: CITY OF TUKWILA OFFICE OF COMMUNITY DEVELOPMENT FINAL DECLARATION OF NON- SIGNIFICANCE Modern Skylines, Inc. Office Complex Easterly terminus - Southcenter Blvd. IA toW $1 Signature File No. EPIC. 170 -81 1) Applicant shall participate equitably in the costs of upgrading intersection signal equipment in the project vicinity to offset the increased traffic volumes associated with this development. 2) Control of short -term air quality impacts associated with construction of the project shall be controlled by Regulation 1•as published by P.S.A.P.C.A. 3) On -site exterior light- fixtures shall be shielded so as to eliminate glare into Fort Dent Park. of Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING M4.chele Roe being first duly sworn on oath, deposes and says that ....$h.eis the CD i of 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 .Appli.cat.ion Ta.63.3 as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period 2 13 day of July ,19 81 ,and ending the 20 day of Ji�.� ,19 , 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 18.00 charged for the foregoing publication is the sum of $ X , 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 Jul Ty 1 9 81 V.P.C. Form No. 87 R.v. 7-79 } ss. consecutive issues, commencing on the Chief.. Clerk 21 day of Notary Public in and for the State of Washington, residing at King County. 1 uburn — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. REAL ESTATE CONTRACT This contract, made and entered into this 15th day of August, 1979, between U. J. Merlino and Gertrude F. Merlino, husband and wife, and Elmer DeTore and Mary F. DeTore, husband and wife, hereinafter called "Sellers" and John T. Melin or his nominee, hereinafter called "Buyer ". W I T N E S S E T H: That Sellers agree to sell and Buyer agrees to purchase from Sellers certain real estate situate in the State of Washington, County of King and City of Tukwila and described in Attachment A to this Real Estate Contract, subject to the Declaration of Covenants set forth in Attachment B to this Real Estate Contract, and subject also to those Exceptions, set forth in Attachment C to this Real Estate Contract, to which any warranties incident to the conveyance are to be subject. The terms and conditions of this contract are as follows: A. The purchase price is $800,000, of which $116,000 have been paid, the receipt whereof is hereby acknowledged by Sellers, and the balance of said purchase price in the amount of $684,000 shall be paid as follows: 1 C 1. The sum of $116,000, on the unpaid balance at the simple on or before October 1, 1979. 2. The sum of $100,000, on the unpaid balance at the simple one year from the date of closing; 3. The sum of $100,000, on the unpaid balance at the simple two years from the date of closing; 4. The sum of $100,000, in default, of default, to the date default are paid. together with interest rate of 12% per annum, together with interest rate of 12% per annum, together with interest rate of 12% per annum, together with interest on the unpaid balance at the simple rate of 12% per annum, three years from the date of closing; 5. The sum of $100,000, together with interest on the unpaid balance at the simple rate of 12% per annum, four years from the date of closing; 6. The sum of $168,000, together with interest on the unpaid balance at the simple rate of 12% per annum, five years from the date of closing. 7. If payment of any sum due hereunder should be then the entire amount due hereunder at the time specifically including unpaid interest accrued of default, shall bear interest at the rate of 14% per annum compounded annually, until all amounts in at: notice to Buyer - - -- 3 8. Buyer may, at its sole option, prepay any portion of the purchase price at any time, provided however, t hat unless Buyer prepays the entire amount due hereunder in 1979, Buyer shall make no prepayments of the unpaid balance at any time during the calendar year 1979 without the Sellers' express written permission so to do first had and obtained. All payments to be made hereunder shall be made such place as Seller may hereafter direct by written or at such other place as Sellers may hereafter from time to time direct in writing. 9. As referred to in this contract, "date of closing" shall be , 1979. B. Buyer assumes and agrees to pay before delinquency all taxes for periods from and after November 15, 1978, which may be or hereafter become a lien on the real estate, and to pay before delinquency all special assessments levied by Local Improvement District No. 25. C. Buyer agrees that until the purchase price is fully paid, he will keep any buildings hereafter placed on the real estate insured to the extent of 90% of their replace- ment cost, excluding foundations and excavations, against loss or damage by both fire and windstorm with a company acceptable to Sellers, naming Sellers as insureds as their interests may appear, and will pay all premiums therefor and tion of any improvements thereon, nor shall the Buyer or Sellers or the assigns of either be held to any covenant or agreement for alterations, improvements or repairs unless the covenant or agreement relied upon is contained herein or is in writing and attached to and made a part of this agreement. E. Buyer is authorized to construct improvements on the real estate and assumes all hazards of damage to or destruction of any improvements hereafter placed upon the real estate and of the taking of said real estate or any part thereof for public use, and agrees that no damage, destruc- tion or taking shall constitute a failure of consideration. In case any part of the real estate is taken for public use, the portion of the condemnation award remaining after payment of reasonable expenses of procuring the same shall be applied by Buyer to the rebuilding or restoration of any improvements damages by such taking; any portion of the award remaining after such rebuilding or restoration shall be paid to Sellers and applied as payment on the purchase price herein. In case of damage or destruction from a peril insured against, the proceeds of such insurance estate has been made and that neither the Sellers nor their assigns shall be held to any covenant respecting the condi- deliver all policies and renewals thereof or certificates of such insurance to Sellers. D. Buyer agrees that full inspection of the real 4 remaining after payment of the reasonable expenses of pro- curing the same shall be devoted to the restoration or rebuilding of such improvements within a reasonable time, unless Buyer elects that such proceeds shall be paid to Sellers for application on the purchase price herein. F. Sellers have authorized the escrow holder to deliver within 15 days of the date of closing a purchaser's policy of title insurance in standard form issued by Trans- america Title Insurance Company insuring Buyer to the full amount of the purchase price against loss or damage by reason of defect in Seller's title to the real estate as at the date of closing and containing no exceptions other than (1) printed general exceptions appearing in said policy form; (2) liens or encumbrances which by the terms of this contract Buyer is to assume or to which the conveyance hereunder is to be made subject; and (3) defects and encum- brances specified on Attachment khereto; none of which for the purpose of this paragraph F shall be deemed defects in Seller's title. G. At any time after receipt of the $116,000 payment required under paragraph A(1) above, Sellers will execute and deliver to Buyer a statutory warranty deed to a portion of the real estate, not to exceed 151,000 square feet thereof, to be designated by the Buyer provided that such 151,000 square feet so designated abuts two or more 5 6 boundaries of the property. The Sellers agree that there- after upon their receipt from the Buyer of $100,000 of the unpaid principal balance hereunder due one year after the date of closing, together with interest on such $100,000 to the date of payment, they will execute and deliver to the Buyer a statutory warranty deed to one acre of the real estate, the location and legal description of such one acre to be determined by the Buyer provided that such area shall abut real estate to which Sellers have previously given Buyer a deed. Real estate located on the east side of the bridge to South Area Park shall be considered to be abuting the property on the west side of the bridge for purposes of these deed release provisions. Sellers' agreement to execute and deliver statutory warranty deeds to one acre parcels of the real estate shall extend to that $100,000 principal payment due one year after the date of closing, and to each subsequent payment of not less than $156,000 plus interest on the unpaid balance made by the Buyer. Sellers agree that upon receipt of full payment of the purchase price and interest in the manner above specified, they will execute and deliver to the Buyer a statutory warranty deed to all of the real estate for which they have not theretofore executed and delivered a statutory warranty deed or deeds. All statutory warranty deeds given pursuant to this paragraph G shall except from such warranty any part of the real estate hereafter taken for public use, any encumbrances that may attach after the date of closing through any person other than Sellers and not caused by Sellers directly or indirectly and shall be subject to the exceptions appearing in the policy of title insurance to be delivered by Sellers to Buyer hereunder. H. If for any reason Buyer, its heirs, successors, or assigns shall default or otherwise fail to comply with or perform any condition or agreement hereof, and if the Sellers thereupon elect, under the provisions of paragraph L below, to declare all of Buyer's rights hereunder terminated, then it shall be the obligation of Buyer, its heirs, successors, or assigns, to grant to Sellers, their heirs, successors, and assigns, a 20 -foot easement for the purpose of providing access to and from such parcels of real property as have not, at the time of such declaration of termination, been con- veyed to Buyer by statutory warranty deed, and to grant such other easements as are necessary to connect such parcels with public utilities. I. Sellers agree that so long as Buyer is not in default of any provision of this contract, Buyer may sub- divide any or all of the property covered under this 7 contract, provided however that Buyer shall do so at his sole cost and expense. Sellers agree to join with Buyer in signing the dedication of any plat or plats that the Buyer may elect to subdivide and they will also join the Buyer in such actions as may be necessary to effect said plats, such as execution of easements, dedication of roads, utilities, requests for zoning and the like. Sellers agree to permit Buyer to make improvements on the real estate for clearing, draining and installing utilities, and Buyer agrees to indemnify and hold Sellers harmless from any liens that may be asserted against the real estate because of any action or work done by the Buyer. J. Buyer shall be entitled to possession of the real estate on the date of closing and to retain possession so long as Buyer does not default hereunder. Buyer covenants to keep the buildings and other improvements hereafter erected on the real estate in good repair and not to permit waste and not to permit the use of the real estate for any illegal purpose. The Buyer covenants to pay all service, installation and construction charges for water, sewer, electricity, garbage or other utility services furnished to the real estate after the Buyer is entitled to possession. K. In case the Buyer fails to make any payment herein required or to maintain insurance as herein required, Sellers may make such payment or effect such insurance and any amount so paid by Sellers, together with interest thereon at the rate of 15% per annum from the date of payment until repaid shall be repayable by Buyer at Sellers' demand, all without prejudice to any other right that Sellers might have by reason of such default. L. Time is of the essence of this contract and it is agreed that in case the Buyers shall fail to comply with or perform any condition or agreement hereof, or to make any payment required hereunder promptly at the time and in the manner herein required, Sellers may elect to declare all of the Buyer's rights hereunder terminated, and upon their doing so, all payments made by the Buyer hereunder, and all improvements placed upon the real estate shall be forfeited to the Sellers as liquidated damages and Sellers shall have right to reenter and take possession of the real estate and no waiver by the Sellers of any default on the part of the Buyer shall be construed as a waiver of any subsequent default. Any action by Sellers to exercise their rights under this paragraph L shall be preceded by Sellers' written notice to Buyer of Default and Intent to Declare Forfeiture, giving Buyer 60 days within which to cure such default prior to termination and forfeiture of Buyer's rights. Service upon Buyer of all demands, notices or other papers with respect to forfeiture and termination of Buyer's rights shall be given pursuant to the provisions of paragraph P hereof. 9 M. Upon Seller's election to bring suit to enforce any covenant of this contract, including suit to collect any payment required hereunder, the Buyer agrees to pay a reas- onable sum as attorney fees and all costs and expenses in- curred by Sellers in connection with said suit, which sum shall be included in any judgment or decree entered in such suit. N. If Sellers shall bring suit to procure an adjudi- cation of termination of the Buyer's rights hereunder and judgment is so entered, Buyer agrees to pay a reasonable sum as attorney fees and all costs and expenses in connection with such suit, and also the reasonable cost of searching records to determine the condition of title at the date such suit is commenced, which sum shall be included in any judgment or decree entered in such suit. 0. Moreover, if the Buyer should be in default under any provision of this contract, and the Sellers should refer such default to an attorney for the purpose of enforcing their rights hereunder, whether by way of giving notice of default and intent to declare forfeiture or otherwise, the Buyer agrees to pay to Sellers their reasonable cost of obtaining such attorney services and no default on the part of Buyer under this contract shall become cured unless such payment for their attorney fees is also made to Sellers. P. Sellers agree to pay to Buyer reasonable attorney fees and costs in the event of a breach of this Real Estate 10 Contract by Sellers. Q. Sellers agree that JOHN T. MELIN, as Buyer, shall have the right to nominate another entity to assume all Buyer's rights and obligations under this Real Estate Con- tract, and that, upon exercise of such right of nomination, JOHN T. MELIN shall have no further liability under this Real Estate Contract except as he may otherwise have based upon his relationship with his nominee. R. Sellers agree that they will not do any act with respect to the property that would have the effect of sub- ordinating or subjecting Buyer's interest in the property to the interest of any third person except an assignee of Seller's interest in this Real Estate Contract, and Sellers further agree to indemnify and hold Buyer harmless from any claims or losses arising from such acts by Sellers. S. All communications, notices and demands of any kind which any party may be required or desire to give to any other party to this Real Estate Contract shall be made in writing and delivered by personal service on the other party or sent by telegram or by registered or certified mail, postage prepaid, return receipt requested, to the following respective addresses of the parties: 11 To Buyer: To Sellers: John T. Melin 150 Chestnut Street San Francisco, California 94111 Elmer and Mary F. DeTore 9160 So. 54th Street Mercer Island, Washington 98040 U. J. and Gertrude F. Merlino 9150 So. 54th Street Mercer Island, Washington 98040 Any such notice sent by mail shall be presumed to have been received by the addressee 48 hours after posting in the United States mail in Seattle, Washington. 'Either party may change its address by giving the other party written notice of its new address as herein provided. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date firs written abov • M RLINO, Seller DE F. AEERLIN• Seller MARY F �/ DeTORE, Seller JOHN T. MELIN, Buyer STATE OF WASHINGTON ) ) ss. COUNTY OF KING On this / / /,,c day of August, 1979, personally. appeared before me U. J. MERLINO and GERTRUDE F. MERLINO,'to.me known l la to be the individuals described in and who executed the within and foregoing REAL ESTATE CONTRACT, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) Notary Public in and for the of Washington, residing at On this /4,4e day of August, 1979, personally appeared before me ELMER DeTORE and MARY F. DeTORE, to me known to be the individuals described in and who executed the within and foregoing REAL ESTATE CONTRACT, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. 12 tate IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary. Public in and for the tate of Washington, residing at ;..tom 17 7 PARCEL I: ATTAC NT 'A' TO REAL ESTATE CONT�,ACT l All that certain real property situate in the City of Tub'ri1a, County of King, State of Washington, and being more particularly described as follows: Commencing at Highway Engineer's Station P.O.T. (214) 127 + 75.0 on the 2M line shown on the State Highway map of primary State Highway 61 (SR. 405) Green River interchange, sheet 2 of 4 sheets, established by Commission Resolution f1192, February 19, 1962; thence, northeasterly at right angles to said 2H line N30 ° 27'06 "E 284.88 feet, thence tangent to the preceding course along the arc of a.curve to the left having a radius of 300.00 feet and a central angle of OB° 19' b6" , an arc length of 43.56 feet; thence tangent to the'preceding curve N22 °08'00 "E 309.43 feet; thence N64 °00'36 "E 60.00 feet • . to'a point on the northeasterly line of Southcenter Boulevard as conveyed to the City of Tukwila by Deed recorded October 29, 1974 Under Auditor's File Ho.. 7410290105 and the TRUE POINT OF BEGINNING of the parcel t� be described here- in; thence from said TRUE POINT OF BEGINNING along said northeasterly line from a tangent which bears N25 °59'24 "W, along the arc of . a curve. to the left having .a radius of 60.00 feet and a central angle of 33 °25'21 ", an arc length of 35.00 feet, to a point on the boundary of that parcel of land conveyed to King County by Deed recorded July 30, 1975 under Auditor's File No. 7507300471; thence along the southeasterly and northeasterly boundary of said parcel N30 °35'15 "E 1.82 feet; thence N59 °24' 45 "W 66.73 feet; thence N55 W ' 50.12 feet; thence ' N37 °36' 40" W 95.23 feet; thence leaving said northeasterly boundary of land conveyed to King County N63 °35'49 "E 237.32 feet; thence 526°24'11"E 227.32 feet; thence 563°35'491i 150.00 feet to the TRUE POINT OF BEGINNING, and containing 1.044 acres of land more or less. 1 PARCEL II: All that certain real property situate in the City of Tuktri l a, County of King, State of Washington, and being more particularly described as follows: Commencing at Highway Engineer's Station P.O.T. (2M) 127 + 75.0 on the 21I1 line shown on the State Highway map of primary State Highway fl (SR 405) Green River interchange, sheet 2 of 4 sheets, established by Corral ssi on • • Resolution #1192, February 19, 1962; thence, northeasterly at right . angles to said 2M line N30 °27'06 "E 284.88 feet, thence tangent to the preceding course. ' along the arc of a curve to the left having a radius of 300.00 feet and a central angle of 08°19'06", an arc length of 43.56 feet; thence tangent to the preceding curve N22 °08'00 "E 309.43 feet; thence N64•00'36 "E .60.00 feet, to a point the northeasterly line of Southcenter Boulevard as conveyed to the City of Tukwila by Deed recorded October 2.9, 1974, under. Auditor's File No. 7410290105; thence 1163 °35'49 "E 150.00 feet to the TRUE POINT OF BEGINNING of the parcel to be described herein; thence from said TRUE POINT OF BEGINNING N26 °24' 11 "W 2.27.32 feet; thence S63 '36'49 "W 237.32 feet to a point on the • northeasterly line of that parcel as conveyed to King County by Deed recorded July 30, 1975 under Auditor's file No. 7507300471; thence 'along said north— __ easterly' line N37 °36' 40 "W 42. 54 feet more or less to the bank of the Green • . River; thence along the bank of the Green River the following courses and distances; N30 °04' S8 "E 78.63feet; N39 °21' 15 "E 91.49 feet; N48°39'58'1 58.48 feet; 1155 °39' 53 "E 64.93 feet; N58 °47' 17 "E 157.87' feet; N66 °39' 37 "E 113.10 feet; N73° 24' 10" E 65.68 feet; S88 °17' 03 "E 55.70 feet; S49° 00' 71 "E 126.60 feet S33 °29' 18 "E 143.48 feet; 536°57'02"E 86.00 feet; thence leaving said bank of • the Green River S63 °35'49 "W 490.40 feet to the TRUE POINT OF•BEGItLNICG, and containing 4.0551 acres of land more or less. . • • PARCEL III: All that certain real property situate in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at Highway Engineer's Station P.O.T. (2M) 127 + 45.0 on the 2M line shown on the State Highway map of primary State Highway il'1 (SR405) Green River Interchange, sheet 2 of 4 sheets, established by Commission Resolution 1.1192, February .19,•1962; thence, northeasterly at right angles to said 2M line N30 ° 27'06 "E 228.36 feet to a point on a line that is parallel with and 150 feet (measured at right angles) northeasterly of the southwesterly margin'of vacated Kennedy Street (67th Place S.) as shown on the plat of Gundaker's Interurban Addition to Seattle, recorded in Vol. 14 of Plats, page 46, in King County, Washington, said point being the TRUE POINT OF BEGINNING of the parcel to be described herein; thence, from said :RUE POINT OF BEGINNING along said parallel line N59'32'54 "W 95.00 feet; thence, leaving said parallel line at right angles 530'27'06 "W 50.00 feet to a point on a line that'is parallel with and 100 feet (measured at right angles) northeasterly of the southwesterly margin of said. vacated Kennedy Street; thence along'last said parallel line 1159'32'54 "W 181.31 feet to the bank of the Green River; thence, along the bank of the Green River the following courses: N38 ° 19'12 "E 123.64 feet and 1130'04'58 "E 334.53 feet to a point on the southwesterly line of the lands conveyed to .King County by Statutory Warranty Deed filed under A.F. 17507300471; thence along said south- westerly line 55924'45"E 183.62 feet to a point on the northwesterly line of the lands conveyed to the City of Tukwila by Quit Claim Deed filed under A.F. 17410290105; thence along last said northwesterly line the following courses from 'a tangent that bears 530'53'45"W along the arc of a curve to the left having a radius of 60.00 feet and a central angle of 33'10'27', an arc length of 34.74 feet; thence tangent to the preceding curve S02'16'42 "E 52.69•feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 32.00 feet and a central angle of. 24'24'42 ", an arc length of 13.63 feet; thence tangent to the preceding curve S22 °08'00 "W 223.43 feet; thence tangent to the preceding course along the arc of a curve ' to the right having a radius of 270.00 feet and a central angle of 08'19'06 ", an arc length of 39.20 feet; thence tangent to the preceding curve 530 ° 27'06 "W 56.52 feet to the TRUE. POINT OF BEGINNING and containing 2.423 Acres (105542 sq. ft.) of land more or less. 3 ATTACIL'4ENT 1 /3 1 C DECLARATION OF COVENANTS PERTAINING TO UNDEVELOPED REAL PROPERTY PRIOR TO PARTITION AMONG TENANTS IN COMMON THIS DECLARATION, this 15th day of August, 1979, by.J. D. FIORITO and VERA S. FIORITO, husband and wife (here- inafter Fiorito); and by E. J. FERULLO, E. FERULLO, and JANICE FERULLO PICATTI (hereinafter Ferullo); and by ELMER DeTORE and MARY F. DeTORE, husband and wife (hereinafter DeTore); and by U. J. MERLINO and GERTRUDE F. MERLINO, husband and wife (hereinafter Merlino), is made for the purpose of establishing certain covenants with respect to certain real property owned by Declarants as tenants in common and more particularly described in Exhibit A attached hereto. W I T N E S S E T H: WHEREAS, Declarants are the owners of real property located in King County, Washington, described in Exhibit A, including all the lots, tracts, and parcels of the, land situ- ated within the boundaries thereof; and WHEREAS, it is the intention of Declarants to effect a partition of the real property described in Exhibit A, such that Fiorito and Ferullo become the owners, as tenants in common, of an undivided 100% interest in precisely one -half thereof, and such that DeTore and Merlino become the owners, as tenants in common, of an undivided 100% interest in pre- cisely one -half thereof; and 1 WHEREAS, Declarants DeTore and Merlino intend, upon said partition of said real property, to sell all of their interest in the property; and WHEREAS, Declarants Fiorito and Ferullo intend, upon said partition of said real property, to retain all of their interest in the property; and WHEREAS, Declarants Fiorito, Ferullo, DeTore and Merlino have agreed to partition the real property described in Exhibit A according to plat to be recorded in the office of Director of Records and Elections of King County; and WHEREAS, Declarants Fiorito, Ferullo, DeTore and Melino desire to establish certain covenants applicable, upon said partition, to the real property described in Exhibit A. NOW, THEREFORE, Declarants Fiorito, Ferullo, DeTore, and Merlino hereby declare that all the properties, tracts, and lots included within the descriptions set forth in Exhibit A shall be held, sold, conveyed, developed, improved, and occu- pied subject to the following covenants, all of which are, independently and collectively, made for the purpose of enhanc- ing and protecting the value of said properties; the following covenants shall be appurtenant to the real property and to any portion thereof and shall be binding on all parties hav- ing any right, title, or interest in or to the described properties or any part thereof as well as the heirs, repre- sentatives, successors, and assigns of said persons, and the 2 rights and privileges herein granted shall inure to the benefit of each owner of the described property or any part thereof. I. • If at any time prior to August 15, 1982, either Fiorito and Ferullo or DeTore and Merlino are required by governmental authority to install or construct an access road or driveway to serve its property, then such access road or driveway shall be constructed so as to serve both parties' properties. The cost of construction of such access road or driveway shall be borne equally by the parties; such access road or driveway shall be installed or constructed within a right -of- way measuring no less than forty (40) feet in width; and any and all easements necessary to assure the permanent right of both parties to use such access road or driveway shall be executed and recorded. This covenant shall run with the land so as to be enforceable by the parties, their heirs, repre- sentatives, successors, and assigns at any time prior to August 16, 1982, but it shall be void and unenforceable by any person after August 15, 1982. II. At such times as either Fiorito and Ferullo or Detore and Merlino undertake to connect their property to public sewer, water, or other utility services, the party so con- necting its property shall permit the other party to join 3 in such connections. If one party does elect to join the other in connecting its property to public utility services, the parties do further agree that stubbing connections shall either be located on the boundary between the parties' par- cels at a site reasonably convenient to both parties, or the joining party shall be granted 'a 15 -foot easement for the purpose of extending such services to its property, such easement to be located so as to minimize interference with the property of both parties. This covenant shall run with the land and shall be enforceable by the heirs, representa- tives, representatives, successors, and assigns of Fiorito and Ferullo, and by the heirs, representatives, successors and assigns of DeTore and Merlino. III. That special assessment number 2 levied against the property described in Exhibit A by Local Improvement District No. 25 on February 14, 1979, shall be borne by the parties, their heirs, successors and assigns in proportion to the interests of such parties in such described property or portion thereof, notwithstanding any failure or refusal by the City of Tukwila formally to so apportion said assess- ment. In the event said assessment is reduced, the obliga- tion of the parties having an interest in the property or a portion thereof to bear the assessment costs in propor- tion to their interests shall continue. This covenant shall 4 run with the land and shall be enforceable by and binding upon the parties and their heirs, representatives, succes- sors, and assigns. IN WITNESS WHEREOF, each of the parties to this Declara- tion has executed this Declaration or a counterpart of this Declaration on the day and year set out opposite each party's signature. (Date) ' / /7p Dat sq• r "e77 ate ate T7 'v7 7 (Date) (Date) :, (Date) . / (Date) ,/ (Date) (Date) ! /` J. D. FIORITO FIO` • G ?I l . FERULLO C- - 1 E . FER �'• A gANIC ELMER DeTORE MAR E.aseTO U. J. INO GERTRUDE F. MERLINO ERUL,ID 4-CA 1' • • [ACKNOWLEDGEMENTS OF SIGNATURES FROM PAGE 5 OF DECLARATION OF COVENANTS] STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) On this day personally appeared before me J. D. FIORITO and VERA S. FIORITO, to me known to be the individuals described in and who executed the within and foregoing DECLARATION OF COVENANTS PERTAINING TO UNDEVELOPED REAL PROPERTY PRIOR TO PARTITION AMONG TENANTS IN COMMON, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this /Tl day of August, 1979. STATE OF WASHINGTON ) ss. COUNTY OF K I N G ) On this day personally appeared before me E. J. FERULLO, E. FERULLO, and JANICE FERULLO PICATTI, to me known to be the individuals described in and who executed the within and foregoing DECLARATION OF COVENANTS. PERTAINING TO UNDEVELOPED REAL PROPERTY PRIOR TO PARTITION AMONG TENANTS IN COMMON, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this /4e day of August, 1979. Let- ,e STATE OF WASHINGTON COUNTY OF K I N G Notary Public in and for the State 9f Washington, residing at ' . Notary Public in and for the State of Washington, residing 6 at . On this day personally appeared before me ELMER DeTORE and MARY F. DeTORE, to me known to be the individuals described in and who executed the within and foregoing DECLARATION OF COVENANTS PERTAINING TO UNDEVELOPED REAL PROPERTY PRIOR TO PARTITION AMONG TENANTS IN COMMON, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this /jam' day of August, 1979. STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G DATED this /Wlee day Notary Public in and for the State o Washington, residing at , Yl%1 -��J • On this day personally appeared before me U. J. MERLIN() and GERTRUDE F. MERLINO, to me known to be the individuals described in and who executed the within and foregoing DECLARATION OF COVENANTS PERTAINING TO UNDEVELOPED REAL PROPERTY PRIOR TO PARTITION AMONG TENANTS IN COMMON, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. of August, 1979. Ifotary Public in and State of Washington,' at a'f�� . for the residing • + A .1CHMENT C TO REAL ESTATE LITRACT EXCEPTIONS TO WHICH CONVEYANCE OF PARCEL A AND THE. WARRANTIES INCIDENT THERETO ARE TO BE SUBJECT 1. The right to construct and maintain a rip -rap bank pro- tection and remove debris along the left bank of Green River on vacated Block 9 of Gundaker's Interurban Addition to Seattle, as granted to County of King, by instrument recorded under Auditor's File #5353688. 2. Any question that may arise due to shifting and changing in course of the White River or of the Green River as the case may be. 3. Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land. 4. Right of the State of Washington in and to that portion, if any, of the property herein described which lies below the line of ordinary high water of the Green River. 5. Obligations and covenants set forth in the appurtenant easement for ingress and egress from Puget Sound Power and Light Company to Fiorito Brothers as recorded January 27, 1971, under Recording #7101270176. 6. Easement granted to City of Tukwila for utilities, said easement recorded October 29, 1974, under Recording #7410290105. 7. Right of entry for construction granted to King County, such right of entry recorded on the 30th day of December, 1974, under Recording #7412200300. 8. Terms and conditions of Boundary Agreement attached to Agreed Judgment entered May 30, 1973, under King County Superior Court Cause No. 725392. 9. Special assessment together with interest thereon levied against the property by the City of Tukwila or local improvement districts, including but not limited to assessments levied on February 14, 1979, by Local Improvement District No. 25. 10. Second half of general taxes for 1979 in the sum of $3,393.59 (Tax Account No. 295490 - 0425 -00) (covers portion of property). ATTACHMENT C v s. _'t:.' 7 _6'`•'?r4D772 , 74r!A7'77AW7L�� Y� AMERICAN LAND TITLE ASSOC! .•1 I ION COMMITMENT — 1966 CHICAGO TITLE INSURANCE COMPANY CHICAGO "1!TEE INSURANCE COMPANY. a corporation of Missouri, herein called the Company, fora valuable consideration. hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and 13, to the Exclusions from Coverage ( appearing herein) and to the Conditions and Stipulations hereof. This ('unmiitnicnt shall he effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have hecn inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. 1 his Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN \\'I'1 NESS \VHI:REOF, Chicago Title Insurance Company has caused this Commitment to he signed and scaled as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory. Issued by: CHICAGO TITLE INSURANCE COMPANY 1415 Fifth Avenue Peoples National Bank Building Seattle, Washington 98171 (206) 628 -5666 Alb Authorized Signatory COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY Hy: ATTEST: " 411 "b7 copyright 1966 American Land Title Association 1. LOAN POLICY EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching, or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. CONDITIONS AND STIPULATIONS The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the propo Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commit- ment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (h) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed tor and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured wh are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must he based on and are subject to the provisions of this Commitment. Effective Date: August 18, 1980 at 8:00 a.m. D. TO FOLLOW. B. ALTA Residential Policy Form Proposed Insured: 1415 Fifth Avenue attle, Washington 98171 Unit 2 Title Officer, Marilyn Sanden Telephone: 628 -5675 A.L.T.A. COMMITMENT SCHEDULE A SECOND REPORT Amount $ Tax C. ALTA Loan Policy - 1970 Amount $ (Amended 10- 17 -70) Tax Standard ( ) Extended ( ) Proposed Insured: Your No: /Our No: 36783 Modern Skylines Inc. 1818 Westlake Avenue North Seattle, Washington 98109 Attn: Jerry B. Sheets 1. Policy or Policies to be issued: PREMIUM A. ALTA Owner's Policy Form B 1970 Amount $ 1,000,000.00 $1755.60 (Amended 10- 17 -70) Short Term Rate Tax 93.05 Standard (X °) Extended ( ) Proposed Insured: 2. The estate or interest in the land described herein and which is covered by this commitment is: A Fee Amount $ $ Tax TOTAL PREMIUM $1848.65 3. The estate or interest referred to herein is at Date of Commitment vested in: JOHN T. MELIN, presumptivley subject to the community interest of his spouse if married on or between August 15, 1979 and October 1, 1979 as to Parcel 1 and U. J. MERLINO and GERTRUDE F. MERLINO, husband and wife and ELMER DETORE and MARY F. DETORE, husband and wife as to Parcel 2. 4. The land referred to in this commitment is situated in the County of King, State of Washington, and is described as follows: As on Schedule A, pages 2 and 3, attached. A.L.T.A COMMITMENT SCHEDULE A Page 2 36783 -D 4. THE LAND REFERRED TO IN THIS COMMITMENT IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: All that certain real property situate in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at Highway Engineer's Station P.O.T. (2M) 127 + 75.0 on the 2M line shown on the State Highway map of Primary State Highway Number 1 (SR 405) Green River interchange, sheet 2 of 4 sheets, established by Commission Resolution Number 1192, February 19, 1962; thence northeasterly at right angles to said 2H line north 30 ° 27'06" east 284.88 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 300.00 feet and a central angle of 08 ° 19'06 ", an arc length of 43.56 feet; thence tangent to the preceding curve north 22 ° 08'00" east 309.43 feet; thence north 64 ° 00'36" east 60.00 feet to a point on the northeasterly line of Southcenter Boulevard as conveyed to the City of Tukwila by Deed recorded October 29, 1974 under Recording Number 7410290105 and the TRUE POINT OF BEGINNING of the parcel to be described herein; thence from said TRUE POINT OF BEGINNING along said northeasterly line from a tangent which bears north 25 ° 59'24" west, along the arc of a curve to the left having a radius of 60.00 feet and a central angle of 33 ° 25'21 ", an arc length of 35.00 feet, to a point on the boundary of that parcel of land conveyed to King County by Deed recorded July 30, 1975 under Recording Number 7507300471; thence along the southeasterly and northeasterly boundary of said parcel north 30 ° 35'15" east 1.82 feet; thence north 59 ° 24'45" west 66.73 feet; thence north 55 ° 24'30" west 50.12 feet; thence north 37 ° 36'40" west 95.23 feet; thence leaving said northeasterly boundary of land conveyed to King County north 63 ° 35'49" east 237.32 feet; thence south 26 ° 24'11" east 227.32 feet; thence south 63 ° 35'49" west 150.00 feet to the TRUE POINT OF BEGINNING, and containing 1.044 acres of land more or less. (continued) A.L.T.A COMMITMENT 36783 -D C SCHEDULE B Page 3 PARCEL II: All that certain real property situate in the City of Tukwila, County of King, State of. Washington, and being more particularly described as follows: Commencing at Highway Engineer's Station P.O.T. (2M) 127 + 75.0 on the 2M line shown on the State Highway map of Primary State Highway Number 1 (SR 405) Green River interchange, sheet 2 of 4 sheets, established by Commission Resolution Number 1192, February 19, 1962; thence northeasterly at right angles to said 2M line north 30 ° 27'06" east 284.88 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 300.00 feet and a central angle of 08 ° 19'06 ", an arc length of 43.56 feet; thence tangent to the preceding curve north 22 ° 08'00" east 309.43 feet; thence north 64 ° 00'36" east 60.00 feet, to a point the northeasterly line of Southcenter Boulevard as conveyed to the City of Tukwila by Deed recorded October 29, 1974, under Recording Number 7410290105; thence north 63 ° 35'49" east 150.00 feet to the TRUE POINT OF BEGINNING of the parcel to be described herein; thence from said TRUE POINT OF BEGINNING north 26 ° 24'11" west 227.32 feet; thence south 63 ° 35'49" west 237.32 feet to a point on the northeasterly line of that parcel as conveyed to King County by Deed recorded July 30, 1975 under Recording Number 7507300471; thence along said northeasterly line north 37 ° 36'40" west 42.54 feet more or less to the bank of the Green River; thence along the bank of the Green River the following courses and distances; thence north 30 ° 04'58" east 78.63 feet; thence north 39 east 91.49 feet; thence north 48 ° 39'58" east 58.48 feet; thence north 55 ° 39'53" east 64.93 feet; thence north 58 ° 47'17" east 157.87 feet; thence north 66 ° 39'37" east 113.10 feet; thence north 73 ° 24'10" east 65.68 feet; thence south 88 ° 17'03" east 55.70 feet; thence south 49 ° 00'11" east 126.60 feet; thence south 33 east 143.48 feet; thence south 36 ° 57'02" east 86.00 feet; thence leaving said bank of the Green River 63 ° 35'49" west 490.40 feet to the TRUE POINT OF BEGINNING EXCEPT the northwesterly and northeasterly 20 feet of said premises containing 4.055 acres of land more or less. Also known as Parcels 1 and 2 of Tukwila Short Plat Number 79 -7 -SS recorded under Recording Number 7908210370. A.L.T.A. COMMITMENT SCHEDULE B STANDARD COVERAGE No. 36783 Schedule B of the policy or policies to be issued will contain exceptions to the 'following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore furnished, imposed by law and not shown by the public records. 6. Liens under the Workman's Compensation Act not shown by the public records. 7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable; matters relating to special assessment and special levies, if any, preceding the same becoming a lien. 9. (a) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (b) water rights, claims or title to water. 10. Requirements: Instruments creating the estate or interest to be insured must he approved and filed for record. (continued) A.L.T.A COMMITMENT 36783 11. Right to construct and maintain a rip -rap bank protection and remove debris along the left bank of Green River on vacated Block 9 of said Gundaker's Interurban Addition to Seattle, as granted to County of King, by instrument recorded under Recording Number 5353688. 12. Right of the State of Washington in and to that portion, if any, of the property herein described which lies below the line of ordinary high water of Green River. 13. Any question that may arise due to shifting and changing in course of White River (Green River) . 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: DATED: RECORDED: RECORDING NUMBER: SCHEDULE B Page 2 15. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: DATED: RECORDED: RECORDING NUMBER: (continued) Fiorito Brothers, a co- partnership consisting of J. D. Fiorito, E. Detore, U.J. Merlino and E. Ferullo For ingress and egress and the right to construct, use, repair and maintain an access road A strip of land 50 feet wide, with 25 feet of such width being on each side of the centerline which is hereinafter described, extending over and across the following described property: The southwesterly 100 feet in width of vacated Blocks 4 to 9 and 12 to 17, inclusive, of Gundaker's Interurban Addition December 15, 1970 January 27, 1971 7101270176 City of Tukwila Utilities 15 foot strips northwesterly and northeasterly and southeasterly of road conveyed to City of Tukwila October 29, 1974 October 29, 1974 7410290105 YEAR: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: TAX ACCOUNT NUMBER: AFFECTS: 18. DELINQUENT GENERAL TAXES: YEAR: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: TAX ACCOUNT NUMBER: AFFECTS: YEAR: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: TAX ACCOUNT NUMBER: AFFECTS: 20. DELINQUENT GENERAL TAXES: YEAR: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: TAX ACCOUNT NUMBER: AFFECTS: 30 SCHEDULE B Page 3 16. Terms and conditions of boundary agreement attached agreed judgment. Entered - May 30, 1973 under King Superior Court Cause Number 725392. 17. DELINQUENT SECOND HALF TAXES: 19. DELINQUENT SECOND HALF TAXES: (continued) 1979 $298.25 $149.12 $149.13 PLUS INTEREST 295490 - 0425 -00 Parcel I 1980 $292.39 None $292.39 PLUS INTEREST 295490 - 0425 -00 Parcel I to County 1979 $2265.60 $1132.80 $1132.80 PLUS INTEREST 295490-0440-01 Parcel 2 except north- westerly and northeasterly 20 feet of said premises 1980 $2221 .24 None $2221.24 PLUS INTEREST 295490 - 0440 -01 Parcel 2 except north- westerly and northeasterly 20 feet of said premises BK /mc D -1119 PURCHASER: 22. ASSESSMENT: SCHEDULE B Page 4 21. CONTRACT OF SALE AND THE TERMS AND CONDITIONS THEREOF: SELLER: DATED: RECORDED: RECORDING NUMBER: EXCISE TAX RECEIPT NUMBER: The purchaser's interest is presumptively subject to the community interest of his spouse if married on or since August 15, 1979 date of said contract. Said Contract has been partially fulfilled as to Pracel I. AMOUNT: BALANCE: INTEREST: FROM: ANNUAL INSTALLMENTS: INSTALLMENTS PAID: INSTALLMENTS DELINQUENT: NEXT INSTALLMENT DELINQUENT: LEVIED BY: FOR: L.I.D. NUMBER: CUMl'1'MEN'i' 36 , 78 , .1 END OF SCHEDULE B U. J. Merlino and Gertrude F. Merlino, husband and wife, and Elmer DeTore and Mary F. DeTore, husband and wife John T. Melin or his nominee August 15, 1979 August 21, 1979 7908210382 E- 0553246 $296,919.16 $296,919.16 8% February 11, 1979 10 0 1 February 11, 1981 Tukwila Sanitary Sewer, Streets and paving, water mains 25 23. Matters against the undisclosed spouse of John T. Melin, if any. 24. Title is to vest in persons not yet revealed and vested will be subject to matters disclosed by a the records against their names. when so search of Chicago Title Insurance Con( )ny IMPORTANT. This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. • 6 ' 1 . , t1 • Sq. Ft Q 1. oSS CL60�GgT 0..1 NET A 2 r s) /Q "1 , h 45 RCE� 1 Q� � 45 9 " E "'l97• 5 °2a � , E_ 86 5012' 55.23' ro 2 0.34 . i • S 59° 21: E- L jA\ ` A=33°1 3° 10'2 " L= 34.74' 14 Oa °1642-W -52.69 'A =24 24 42' =13.6 15 2p5 3 34.53' (E'f` 223 43 1,\01 PAT_ \\ 01_ PLAT •13.20' I 5: 1 4 59 °325 30' 06 W -50.00 tJ 59 ° .52: 54' W 5 30° t 5fi r 1b0 i 3500' Q' • 5 9'2 ' 1. °OCi6"E o L Q B. 60.00'. A 74 40' p6,, �` N ' 5 0 °3515 "E -60.00 5 goo 50; .2.6324t'8 =25.16' R \ 309.4' \ N 22° _.00„t 5'MT. 1r 15' tica NGl 223. R• 300.00; A 08 ° t9 06 ` L• 4 'S A ='55p.00; L= 41. t' 1 1 PARCEL 3 319 505 Sq Ft. a A,J 106.52' l N30 11430° 2 1' 0Gt- 50• \ 1459 °52 . 5 " $1 t52. 1 I 95 5.00', tat 'v ti K St Z_M LINE S59 °32:E I 1,11TECS eA15 \) I • t I I I 128 +05 • \- SrA' 127 +75.00 5tA: 127 + PEOPLES NATIONAL BANK BUILDING SEATTLE, WASHINGTON 98171 ORDER NO OWNERS POLICY EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been . sustained if the insured claimant had paid value for the estate or interest insured by this policy. .' National Bank Building Seattle, Washington 98171 AMERICAN LAND TITLE ASSOCIATION STANDARD FORM COMMITMENT zssmP Nor utLr (i9&i'i 4SI\tEp OFFicE COP4PLE.X J 51-keeTs .site plan I PARCEL 3 319, 505 Sq.Ft. N 55'39'53"E N 48°39 58.48' N 39'21 91.49' FORT DENT PARK 'ENTRANCE ROAD. (KING COUNTY). N 59'24 "WOJR) - 183.62' • Found Tack In pavement. 111 1" Iron Pipe witfi cap to be set. 23 Feb.1979 Seale 1 "- too' Sheet • \ - of 1 388 55.70' N73 ° 24'10'E- 65.68' N 66°39' 37"E -113.10' N 58 °47'17 "E -157.87 N 30 °04' 58 "E- 529.33 N 38°19'12"E-123.g Field Book Number • '\ ���D Mp •' 1; NEON 5( � `� `• K M�‘N 59 _ ik 14 ZN�ER (-51\ Q B VT +�.00 5IA.� 51A. t +A5 c. I ' I' I' �'Tr�'I' 7 'I I�'1•��ih ) l�'�'li�'I I' . rrlr� il r� . 11l�JlLi�1T�e1' TtCe���l(' . � . ' fn. �. 1. flli. ���f�l> 7�I�r�' ��� `IfII�mlTfr�rlTrfr('���'f�'14 �, O •'•'" 1 2 3 4 5 6 7 8'' _® FLEXIe1E OULEn•302Awn.v+n 1 oe 6Z De a 9z 9z 4z cz zS IZ OZ 61 el LI 91 9t °I 'CI 21 tt O L Iuidmi�mdliu�nKluu��mlpli�unliiq�u�IllnI�141Ji�II�gldo�i�uuluii�aoluuLu�duu�mdim�uRlmi��udoi��llgluo�iiuhal�uuh�ii�oulRn�uilhm�mdgRlR t 99P5; A� . p9"•�' - wE \0 9• y 55 5 .y1 , 42� x .55 °IS , es 5 u • 5 Nth Boundary 347'20'51 "W. - 271.21' Revi5ion'2' Designated 20' RiverTroitas Tract A ,1 revised ai.Rgs%brcds t /2t 179tDR:. Revision '1 : Added 20'RiverTrnil Dedication IRevised Easement R2rcel 2 14/18/79 a D.R. I T Surveyed Drawl; rRawson T WESTERN ATHLETIC CLUBS INC. Checked SHOAT PLAT Job Numher 246-0101-21-C1 1 Tuk wila,' . ... Washington: S 72'08'52'W- 389.92' 372 °18'44 "W - 93.66' 864' 02'.45" W- 111.69' 100'.:. • 58 °26'46 "W - 115.38' Portion of West t/2, Section 24 Townsfiip 23 North., Range 4 East,W. M. 347'32'38 "W - 32.76' SI -25 -Stmt W &H WII SEY & HAM INC. T ENGINEERING • PLANNING • SURVEYING . • ENVIRONMENTAL ANALYSIS • bander ,Nuuler.id �•'fele°h0 ". 111shiner°n 9NItlN (20M112� 631 ti ne • 'I • Tukwila, 8- 2.1711 IF THIS MICROFILMED DOCUMENT IS LESS CLEAR THAN THIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINAL DOCUMENT MODERN SKYLINES INC, JUN 1 1981 RECEIVED •