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HomeMy WebLinkAboutPermit DR-10-81 - BUCHANAN KINNEAR - SOUTHCENTER 6450 BUILDING DESIGN REVIEWdr-10-81 6450 southcenter boulevard 6450 building 411 A 1909 City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 Baylis Architects 500 108th Ave. N.E. Bellevue, WA 98004 Frank Todd, Mayor MC /blk Subject: Southcenter 6500 Building 7 June- 1981 This letter will confirm the decision of the Tukwila Board of Architec- tural Review to approve the site and architectural concept for the Southcenter 6500 Building. Stipulations of the approval action are as follow: 1) Provision on -site for loading and delivery vehicle service space, in such a manner as not to obstruct movement on streets, alleys or driveways. 2) Submittal of a landscape and automatic irrigation system plan for staff approval prior to issuance of building permits. 3) Execution of a Developer's Agreement to participate in a future local improvement district for roadway and utility improvements on the Southcenter Boulevard frontage of the site. We enclose also an executed Declaration of Non - Significance, evidencing completion of the SEPA clearance process. Tukwilaafianning Dept. Ma Caughey Associate Planner • 1909 � w L4 wg City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 ul Frank Todd, Mayor PLANNING COMMISSION Minutes of the regular meeting of 28 May, 1981. Chairman Kirsop called the meeting to order at 8:32 p.m. in the Council Chamber of Tukwila City Hall. Commissioners Orrico, Avery and Sowinski were present. Staff present were Brad Collins, Planning Director and Mark Caughey, Associate Planner. APPROVAL OF MINUTES: 23 APRIL 1981 MOVED BY MR. ORRICO, WITH MR. SOWINSKI'S SECOND TO APPROVE THE MINUTES OF THE REGULAR MEETING OF 23 APRIL 1981 AS PUBLISHED. MOTION CARRIED. COUNCIL ACTIONS Mr. Collins noted that Council is progressing in its review of the Proposed Zoning Code, with wrap -up anticipated by the end of June. Regarding the "Sunwood" Phase III rezone proposal, Mr. Collins reported that Council reviewed the follow -up staff report contained in the Commission's packet at their Committee -of- the - Whole. The Committee voted to put the application forward to the regular meeting for a favorable vote. No decision will be reached before the 9 June 1981 meeting. He noted that certain home- owners within the project have requested opportunity to comment on the proposed rezone. CITIZEN COMMENT Karl Lewis, representing a group of "Sunwood" homeowners, was recognized by the chair. He noted that their intent is to decide whether or not to take a formal position on the rezone matter when it next comes before the City Council. The minutes of the 23 April 1981 do not, in his estimation, make totally clear the basis for the Planning Commission's recommendation of denial for the Phase III rezone request. He asked the Commission to elabo- rate on the reasons for the denial action. Mr. Kirsop noted that the chair does not usually vote on applications pend- ing before the Commission except in case of a tie. He personally did not find the rezone request unreasonable in light of their previous R -4 zoning approval now expired. Page -2- Planning Commi' on 4 28 May 1981 Mr. Lewis asked the Commission to indicate specifically if the follow -up staff report addressed adequately the concerns raised at the public hear- ing. Mr. Sowinski stated that his perception of the inadequacy of recrea- tion space and traffic intensity level associated with the rezone pro- posal has not been alleviated. Mrs. Avery noted that some of the "Open Space" area is not of sufficient size and slope to permit reasonable use as a play area. Mr. Sowinski expressed concern about the potential view blockage eastward from Phase I by Phase III rooflines. Mr. Caughey explained that the follow -up staff report was prepared as a means of communicating a set of standards by which the Council might judge comparatively the issues raised by the Planning Commission. BOARD OF ARCHITECTURAL REVIEW A) Buchanan /Kinnear (Southcenter 6500 Building) - requesting approval of site and architecture for a two -story office building with basement -level parking at the northwest quadrant of Southcenter Boulevard and 65th Ave. So. Mark Caughey presented the staff report. Brian Brand, project architect, was present on behalf of the application. Mr. Brand stated that the building owner does not wish to reduce parking or floor space to meet the staff's open -space suggestion. Also, they will reconfigure the narrow driveway between parking areas to accomodate a loading space. Finally, Mr. Brand stated that his client is willing to participate in a local improvement district as suggested in the staff report conditions of approval. Discussion followed regarding the applicant's proposed outdoor living space solution -- That is, to control the gradient of the streetside planter strips on the south and east sides and shade them with street trees. Decorative benches would be added as well. A formal landscape proposal will be included with the building permit plan set. Discussion then followed regarding implementation of the side- walk requirement for the Southcenter Boulevard frontage. It was the Commission's consensus that such improvements be made without unneccesary delay. MOVED BY MR. ORRICO, WITH MRS. AVERY'S SECOND, TO APPROVE SITE AND ARCHI- TECTURE FOR THE SOUTHCENTER 6500 BUILDING, ACCORDING TO'EXHIBITS. A -H OF THE DEVELOPMENT PLAN SET WITH THE FOLLOWING CONDITIONS: 1) PROVISION ON -SITE FOR LOADING AND DELIVERY VEHICLE SERVICE SPACE, IN SUCH A MANNER AS NOT TO OBSTRUCT FREEDOM OF TRAFFIC MOVEMENT ON STREETS, ALLEYS AND DRIVEWAYS. 2) SUBMITTAL OF A LANDSCAPE AND AUTOMATIC IRRIGATION SYSTEM PLAN FOR STAFF APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMITS. Page -3- Planning Commi( 28 May 1981 C 3) EXECUTION OF A DEVELOPER'S AGREEMENT TO PARTICIPATE IN A FUTURE LOCAL IMPROVEMENT DISTRICT FOR ROADWAY AND UTILITY IMPROVEMENTS ON THE SOUTHCENTER BOULEVARD FRONTAGE OF THE SITE. MOTION CARRIED. MOVED BY MRS. AVERY, WITH MR. ORRICO'S SECOND, TO ADJOURN AT 9:16 P.M. MOTION CARRIED. Tukwila Planning Commission Eileen Avery Secretary AGENDA ITEM CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT DISCUSSION The various departments of the City administration were asked to comment on this application prior to your Board's consideration this evening. The following comments are relevent to the design review procedure: • Buchanan/Kinnear - Southcenter 6500 Building INTRODUCTION The applicants are requesting ap- proval of site and architecture for a two -story office complex with ba senent- —, level parking. The proposed develop- ment is located in a C -i zone. B.A.R. review has been requested by staff as part of the environmental assessment process to insure adequate opportunity for the Board to direct the emerging architectural character of the South - center Blvd. office strip. 2) Construct sidewalks on the Southcenter Blvd. site frontage. - Fran the Tukwila Parks and Recreation Department:. 1) Encourage the developer to provide "on- site" recreational space to off- set heavy volume, fair weather use of nearby Tukwila Park. Encourage developer to include a small outdoor eating area br activity space as part of the project. Staff agrees with the Recreation Division's position on the need to provide at least minimal opportunity for canfortable outdoor living for employees and visitors of a major office building. While the project designer has provided a rather generous amount of perimeter landscaping, its steepness and proximity to street traffic render it unusable as recreation area. There are several ways in which to accomplish the objective of providing a passive recreation. space: A) Delete a few parking staff at the northwest corner of the site in favor of a lawn "picnic" area with table and benches (this option would require reductions of developable floor space, since parking is already Page -2- Staff report Buchanan/Kinnear at minimum.) B) Delete a portion of the office floor space to incorporate an outdoor "terrace" for employee dining, reading, sunbathing, etc. C) Devote a portion of the roof area to a passive recreation activity space (noisy mechanical equipment is a disadvantage under this option.) We have discussed this matter with the project architects, and anticipate that their office will be prepared to address it further at the Board meeting. Regarding sidewalks on the site's south frontage, the Public Works Director indicates that the appropriate grade elevation for street improvements cannot be established at this time. To do so will require extensive survey and de- sign work for much of Southcenter Blvd. Therefore, a comprehensive street/ sidewalk construction approach under a future local improvement district will most likely be necessary. - From the Tukwila Fire Department 1) Street address should be less than "6500 ". 2) Maintain driveway grade of 15% or less. Regarding the address number, the applicants indicate that an appropriate change per the City's "grid" system presents no difficulty. ' The steepest parking aisle grade occurs at the west side of the building in a narrow passage connecting the upper and lower parking areas. Staff will attempt to work with the designers to lessen this slope, if possible, during final building permit review. Fire access route gradients elsewhere on the site are less than or equal to 10%, well within Fire Department guidelines. Note also that the building will be fully protected by automatic sprinkler equipment. - Fran the Tukwila Planning Department 1) MC 18.56.210 provides as follows: Business or commercial building off - street loading. In district C or C -2, off - street space for standing, loading and unloading services shall be provided in such a manner as not to obstruct freedom of traffic move- ment on streets, alleys or driveways. We have discussed this point with the project designer who has agreed to re- study the parking area layout to provide a separate delivery /loading space. Recommendation Staff recommends approval of site and architecture for the Southcenter 65nn building, according to exhibits A -H of the development plan set, with the following conditions: Page -3- Staff report Buchanan /Kinnear 1) Provision on -site for loading and delivery vehicle service space. 2) Submittal of a landscape and automatic irrigation system plan for staff approval prior to issuance of building permits. 3) Execution of a Developer's Agreement to participate in a future local improvement district for roadway and utility improvements on the Southcenter Boulevard frontage of the site. MASTER LAND DEVELOPMENT APPLICATION FORM FEES: RCPT. M.F. EPIC. NOTE: Please write legibly or type all requested information -- incomplete applications will not be accepted for processing. MOWEI M 1981 C I11r Vr tuKWtLA FLAP N PT. SECTION I. GENERAL DATA 'Bill Buchanan, Jr. 1) APPLICANT'S NAME Ken Kinnear' TELEpHOND ( 206) 243 -0300 2) APPLICANT'S ADDRESS 652 S.W. 143rd, Seattle ZIP: 3) PROPERTY OWNER'S NAME TELEPHONE:( Contract Purchaser (Same as above) 4) PROPERTY OWNER'S ADDRESS ZIP: 5) LOCATION OF PROJECT: (geographic or legal descrip.) The corner.; df, ` Southcenter Blvd. and 65th Ave. So. approximately. 6500 Southcenter'Blvd'..' 6) NAME OF PROJECT(OPTIONAL) Southcenter 6500 Professional Offices SECTION II: PROJECT INFORMATION 7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: A two story professional office building with a parking garage at the basement. 8) DO YOU PROPOSE TO DEVELOP THIS PROJECT IN PHASES? 9) PROJECT 53,100 sq. ft. a. NET ACRES 1.21 acre El yEs c. PARKING SPACES 103 b. GROSS ACRES d. FLOORS OF CONSTRUCTION 2 PAVING SQ. FT. 10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 100? D YES ONO 11) EXISTING TONING C - 1 12. EXISTING COMP.PLAN 13) IS THIS SITE DESIGuNATED FOR SPECIAL CONSIDERATION DYES ON THE CITY'S ENVIRONMENTAL BASE MAP? e. LOT AREA COVERAGE 31% BLDG. 16,485SQ, LANDSCAPE 14,400 e NO NO 14) IF YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS, OR CTHER DOCUMENTS SENT TO ADDRESSES OTHER THAN APPLICANT OR PROPERTY OWNER, PLEASE INDICATE BELOW. SQ. FT. a. NAME: The Baylis Architects ADDRESS: 500 108th'Ave. N.E. b. NAME: Attn: Brian Brand ADDRESS: Bellevue Washi ngton 98004 OVER I- r SECTION III:. APPLICANT S AFFIDAVIT zo I, ° Of4tJ ■ s€ t_ k A?J, , being duly sworn, declare that I am the -- - t:ohtrac.t'purc as er 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. DATE :bscribed :`and sworn before me th3,s QTR day of • /1-Pe L , 19 res at 'I U f. Co of Li) A. G►. tic an or t e tate of Washington aser or owner) SECTION IV: SUPPORTING MATERIAL REQUIREMENTS TYPE OF APPLICATION SUPPORTING MATERIAL ** E REZONING SCHEDULE E, 1,2,3,4,5,9 E CONDITIONAL USE SCHEDULE C, 2,3,5,9 [lVARIME SCHEDULE F, 3,5,9 r 1CONPREHENSIVE PLAN AMENDMENT SCHEDULE D, 2,3,4,5,9 r 1SFIORELINE MaIT. PERMIT SCHEDULE B, 2,3,4,5,8 WAIVER • SCHEDULE A, 3,9,10 El SHORT SUBDIVISION 3,4,7 r1SUBDIVISION 2,3,4 + ,12 BINDING SITE IMPROVEMENT_ PLAN 2,3,4,6,9 I]ARCHITECIURAL REVIEW 9 ,10 r]LANDSCAPE REVIEW 11 * *SEE TABLE 1 FOR DESCRIPTION + OPTIONAL ' AT STAFF'S DIRECTION of Washington (hereinafter called "City ") and H. Diape Hu. ti.ngton (hereinafter called "Owner "), W I T N E S S E T H : DEVEL OP ER' S A G R E E M E N T (Future participation in one or more'local improvement districts.) THIS AGREEMENT, executed this llthday of November , 1981 , by and between the City of Tukwila, a municipal corporation of the state James S. Huntington & WHEREAS, Owner has title in fee simple of the described property in Exhibit A attached to this Agreement (hereinafter called the "property ") located in the City of Tukwila, King County, Washington; and Whereas, Owner has requested certain land use and construction permits for development of said property; and Whereas, Owner is required to construct sidewalk improvements in order to obtain such permits, pursuant to Ordinance No. 1158 as amended; and Whereas, the City has determined that in order to provide for the public health, safety and general welfare with respect to the subject property and other property located in the vicinity of this property, one or more Local Improvement District may at some time in future be formed for the purpose of improving rights -of -way adjacent to the subject property, and to improve said rights -of -way be widening, grading, filling, paving, providing curbs and gutters, sidewalks, street lighting, sanitary and storm sewers, water, underground electrical power lines, and other utilities as deemed necessary; and NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties hereto covenant and agree as follows: 1. In the event the City finds that the creation of a Local Improvement District or Districts is necessary for the City Attorney, Lawrence E. Hard Attest: Mayor Approved as to Form: ACCEPTED: City Clerk protection of the public health, safety and general welfare, by improving rights -of -way adjacent to the subject property, and by improving said rights -of -way by widening, grading, filling, paving, providing curbs and gutters, sidewalks, street lighting, sanitary and storm sewers, water lines, underground electrical power lines, and other utilities as deemed necessary, and such Local Improvement District or Districts include within their boundaries the property subject to this Agreement, the Owner agrees to participate equitably in such Local Improvement District or Districts, and hereby waives any right to protest the formation of said LocaL.Improvement District or Districts; provided, however, that the improvements constructed within said Local Improvement District or Districts specially benefit the subject property in an amount equal to or greater than the final assessment for such improvements. 2. This Agreement shall be recorded and shall inure to the benefit of and be binding on all parties to this Agreement, their heirs, successors, and assigns. Owner(s) INDIVIDUAL ACKNOWLEDGMENT: STATE OF WASHINGTON ) COUNTY OF KING ) ss. instrument, and acknowledged thatlj('�,y CORPORATE ACKNOWLEDGMENT: 'STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of 1 On this day personally appeared before me �/ , t ),t' to me known to be the individual(s) described in and who executed the within and foregoing signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this /g day of elApi'Izitil►) , 19 ( f/ ARY PUBLIC in and for the of Washington, residing at 19 , before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and , the president and secretary, respectively, of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, andon oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and offical seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at P ^RCEL "An EXHIBI..T THAT PORTION OF THE WM. H. GILLIAM DONATION CLAIM NO. 40 IN TOWNSHIP 23 NORTH. RANGE 4 EAST. W.M.. IN K ING. CO'UN T Y. :WASHINGTON. LYING NORTHERLY OF THE RENTON THREE TREE PONT : ROAD. AND LYING SOUTHERLY AND SOUTHEASTERLY OF MACADAM ROAD AND LYING WESTERLY OF 5TH ' AVENUE SOUTH AS CONVEYED TO THE CITY OF TUK4ILA BY DEED RECORDED UNDER AUDITCR'S.FILE NO. 7105100425 TOGETHER WITH THAT PORTION 9F' VACATED MACADAM ROAD.. ADJOINING AS VACATED B.Y 'THEE 'CITY "OF TUKWILA ORDINANCE NO. 6.71. RECORDED UNDER AUDITOR'S FILE NO. 7108120429 • PARCEL "3" THAT PORT ION OF THE WM. H. GILLIAM DONATION CLAIM NO. 40. IN ' ToWNSH P 23 NORTH. RANG_ 4 EAST. w'.M•. IN KING COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS; • 2= G_.:NI NG AT A POINT ON THE CENTER LINE OF THE RENTON -THREE TREE POINT ROAD NUMBER 2649 AT ITS INTERSECTION WITH THE ::EST L INE.OF SECTION 23 TOWNSHIP 23 NORTH. RANGE 4 EAST. W.K.. IN KING COUNTY. WASHINGTON, SAID POINNT BEING ENGINEER'S STATION 13529.92 FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 23 SEARS SOUTH 0 °11'42" EAST 2044.06 FEET: THENCE SOUTH 54 °51'48" EAST 1647.24 FEET; THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 955.37 FEET. 360.00 FEET; THENCE SOUTH 63°15'48" EAST 359.18 FEET; THENCE ON A CURVE TO THE LEFT HAVING 'A RADIUS CF 5729.65 FEET. 370.00 FEET; THENCE SOUTH 66 °57'48 EAST 1162.53 FEETt.THE`CE ON A CURVE TO THE LEFT HAVING A RADIUS OF 716.34 FEET 442.40 FEET; THENCE. NORTH 77 °38'42" EAST 201.68 FEET; THENCE LEAVING SAID CENTER LINE OF SAID ROAD AND RUNN /NG NORTH .:'14' EAST 272.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 69 0 59' EAST 165.00 FEET. MORE OR LESS. TO THE WESTERLY MARGIN OF 65TH AVENUE SOUTH, AS CONVEYED TO THE CITY CF TUKWILA BY DEED RECORDED UNDER AUDITOR'S FILE NO 72010703951 THENCE SOUTHE ASTERLY ALONG SAID . WESTERLY MARGIN OF 65TH AVENUE SOUTH To THE NORTHERLY MARGIN OF THE MACADAM ROAD THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID NORTHERLY MARGIN OF THE MACADAM ROAD 200.00 FEET. MORE CR LESS. TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS NORTH 0 °14' EAST; THENCE NORTH 0 °14' EAST 5 6.21 FEET. MORE OR LESS TO THE TRUE POINT OF BEGINNING TOGETHER WITH THAT PORTION OF VACATED MACADAM :ROAD ADJOINING AS VACATED BY THE CITY OF TUKWILA ORDINANCE NO. 671, RECORDED UNDER AUDITOR'S FILE NO. 71031 20429 Washington; and DEVELOPER'S AGREEMENT CITY OF TUKWILA - Page 1 5667A /LEH DEVELOPER'S AGREEMENT (For Future Construction) THIS AGREEMENT, executed this 11th day of November • 1981, by and between the City of Tukwila, a municipal corporation of the State of Washington (hereinafter called "City ") and James S. Huntington & H. Diane Huntington , (hereinafter called "Owner"). WITNESSETH: WHEREAS, the Owner has title in fee simple of the described property in Exhibit A attached to this Agreement (hereinafter called the "property ") located in the City of Tukwila,•King County, Whereas, Owner has requested certain land use and construction permits for development of said property; and Whereas, Owner is required to construct sidewalk improvements in order to obtain such permits, pursuant to Ordinance No. 1158 as amended; and Whereas, the City has determined that in order to provide for the public health, safety and general welfare with respect to the subject property, it is necessary to require Owner to construct certain improvements and to provide security for construction of said improvements; and Whereas, Owner is willing to enter into such a contractual agreement, NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties hereto covenant and agree as follows: 1. Upon receipt of written specifications for the construction of improvements provided to it by the City, Owner shall have thirty (30) days in which to notify City in writing of any changes or corrections which Owner feels are necessary in order to construct said improvements. . City shall have ten (10) days from receipt of said comments to accept, reject or modify said proposals by Owner. If City does not accept or modify said proposals by Owner, Owner shall be required to construct improvements pursuant to the original specifications submitted to it by the City. 2. Within ten (10) days of receipt of the Notice to Proceed from City, Owner shall initiate construction of said improvements. The construction shall be completed within days from the date of Notice to Proceed. 3. Before beginning construction, Owner shall provide City with a bond or other acceptable security to provide that in the event'said improvements are not constructed in a timely manner, or in accordance with the City's specifications, or if they are not accepted by the City upon completion of construction, that Owner shall make all necessary corrections at its sole expense. 4. This Agreement shall be binding on the Owner, its heirs, successors and assigns. The parties hereunto set forth their signatures on the day and year first above written. Approved as to Form: City Attorney, Lawrence E. Hard DEVELOPER'S AGREEMENT CITY OF TUKWILA - Page 2 5667A /LEH Attest: ACCEPTED: Mayor City Clerk INDIVIDUAL ACKNOWLEDGMENT: STATE OF WASHINGTON COUNTY OF K I N G n thiR ate, pe sopally, appear d before me ,! 1 /tur Fn �ll/tirtC `i'�rl�t*n , to'•me known to be the individual desc & in and who egecuted the within and acknowledged that he /she signed and sealed the same as his /her free and voluntary act and deed for the.uses and purposes therein mentioned. VEN UNDER MY HAND AND OFFICIAL SEAL this / /is day o f .dI : i a 1 , ` 1981. STATE OF WASHINGTON ) ) ss. C O U N T Y O F K I N G On this date, before me, the undersigned, personally appeared and , to me known to be the of , the corporation that executed the within and foregoing and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of , 1981. DEVELOPER'S AGREEMENT CITY OF TUKWILA Page 3 5667A /LEH . ) ss. of - r "•ublic in and for the State of Wa- ing on, residing at and Notary Public in and for the State of Washington, residing at DEVELOPER'S AGREEMENT CITY OF TUKWILA - Page 1 5667A /LEH DEVELOPER'S AGREEMENT (For Future Construction) THIS AGREEMENT, executed this l l th day of November . , 1981, by and between the City of Tukwila, a municipal corporation of the State of Washington (hereinafter called "City ") and Schneider /Nilsen Development Co. , ( hereinafter called "Owner ") . WITNESSETH: WHEREAS, the Owner has title in fee simple of the described property in Exhibit A attached to this Agreement (hereinafter called the "property ") located in the City of Tukwila, King County, Washington; and Whereas, Owner has requested certain land use and construction permits for development of said property; and Whereas, Owner is required to construct sidewalk improvements in order to obtain such permits, pursuant to Ordinance No. 1158 as amended; and Whereas, the City has determined that in order to provide for the public health, safety and general welfare with respect to the subject property, it is necessary to require Owner to construct certain improvements and to provide security for construction of said improvements; and Whereas, Owner is willing to enter into such a contractual agreement, NOW, THEREFORE, in consideration of the terms and :conditions contained herein, the parties hereto covenant and agree as follows: 1. Upon receipt of written specifications for the construction of improvements provided to it by the City, Owner shall have thirty (30) days in which to notify City in writing of.any changes or corrections which Owner feels are necessary in order to construct said improvements. City shall have ten (10) days from receipt of said comments to accept, reject or modify said proposals by Owner. If City does not accept or modify said proposals by Owner, Owner shall be required to construct improvements pursuant to the original specifications submitted to it by the City. 2. Within ten (10) days of receipt of the Notice to Proceed from City, Owner shall initiate construction of said improvements. The construction shall be completed within days from the date of Notice to Proceed. 3. Before beginning construction, Owner shall provide City with a bond or other acceptable security to provide that in the event said improvements are not constructed in a timely manner, or in accordance with the City's specifications, or if they are not accepted by the City upon completion of construction, that Owner shall make all necessary corrections at its sole expense. 4. This Agreement shall be binding on the Owner, its heirs, successors and assigns. The parties hereunto set forth their signatures on the day and year first above written. Approved as to Form: City Attorney, Lawrence E. Hard DEVELOPER'S AGREEMENT CITY OF. TUKWILA - Page 2 5667A/LEH Attest: ACCEPTED: Mayor City Clerk .EXHIBIT A PARCEL A: Lots 1, 2 and 3, Block 15, Hillman's Seattle Garden_ according to plat recorded in Volume 11 of Plats, page 24, in King County, Washington, EXCEPT the Northeasterly 40 feet thereof condemned for road purposes in King County Superior Court Cause No. 109001; PARCEL A -1: An easement for existing driveway . over and across the Southerly 5 feet of the' Easterly 315 feet of Lot 4, Block 15, Hillman's Seattle Garden Tracts, according to plat recorded in Volume 11 of Plats, page 24, in King County, Washington EXCEPT the Northeasterly 40 fee thereof condemned for road purposes in King County Superior Court Cause No. 109001. PARCEL 8: The North 250 feet measured along the West line, of Lot 2, Interurban Addition to Seattle, according to plat recorded in Volume 10 of Plats, page 55, in King County, Washington; EXCEPT that portion of Lot 2, Interurban Addition to Seattle according to plat recorded in Volume 10 of Plats, page 55, records of King County, Washington, described as follows: Beginning at the Northwest corner of said lot; thence south along the West line of said lot 250.00 feet; thence north 89 ° 37'52" east 178.40 feet; thence northwesterly to a point on the north line of said lot which is north 89 ° 37'52" east a distance of 10.00 feet from the point of beginning; thence south 89 ° 47' 52" west 10.00 feet to the point of beginning. INDIVIDUAL ACKNOWLEDGMENT: STATE OF WASHINGTON ) ) ss. C O U N T Y O F K I N G On this date, personally appeared before me ,to me known to be the individual described in and who executed the within and acknowledged that he /she signed and sealed the same as his /her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of ,• 1981. STATE OF WASHINGTON COUNTY OF K I N G DEVELOPER'S AGREEMENT CITY OF TUKWILA -'Page 3 5667A /LEH . ss. Notary Public in and for the State of Washington, residing at On this date, before me, the undersigned, personally appeared and , to me known to be the and of , the corporation that executed.the within and foregoing and acknowledged said instrument to be the free and voluntary . act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of , 1981. Notary Public in and for the State of Washington, residing at THAT PORTION OF THE WM. H. GILL /AM DONATION CLAIM N0. 40 IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN K.:•NG WASHINGTON, LY:r:G NORTHERLY OF THE RENTON THREE TREE PO :NT ROAD, AND LYING SC`U7HE LY AND SOUTHEASTERLY. OF MACADAM ROAD AND LYING WESTERLY OF 65TH'AVENUE SOUTH AS CONVEYED TO THE CITY OF TUK4ILA BY DEED RECORDED UNDER AUOITCR'S.FILE NO. 7105160426 TOGS WITS n !0 VACATED Vr rDA4 �D ADJOINING : TOGETHER THAT PORTION OF �:,�AT :D - +C.,_„ n ROAD-. AS VACATED 3.Y 'THE 'CITY "O F TUKWILA ORDINANCE `O. 6.71, RECORDED UNDER AUDITOR'S FILE NO. 7108120429 EXHIBI..T A • PARCEL "3" THAT PORTION OF THE WM. H. GILLIAM DONATION CLAIM N0. 40, IN • TCMNSHIP 23 NORTH, RANGE 4 EAST, ..M., IIN KING COUNTY, WASHINGTON, DESCRI5E0 AS FOLLOWS; • BEG NNING AT A POINT ON THE CENTER LINE OF THE RENTOWN —THREE TREE POINT ROAD NUMBER 2649 AT ITS INTERSECTION W I T H THE :;EST LINE OF SECTION 23 TOWNSHIP 23 NORTH,' RANGE 4 EAST, W.M., IN K I tiG . COUN T Y , WASHINGTON, SAID POINT BEING ENGINEER'S STATION 23529.92 FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 23 BEARS SOUTH 0 EAST 2044.06 F E!T t THENCE SOUTH 84 EAST 1647.24 FEET; THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 955.37 FEET, :60.00 FEET; THENCE SOUTH 63 °15'43" EAST 359.18 FEET; THENCE ON A CURVE TO THE LEFT HAVING 'A RADIUS OF 5729.65 FEET, 370.00 FEET: THENCE SOUTH 65 °57'48 EAST 1162.53 FEETt.THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 716.34 FEET 442.40 FEET: THENCE. NORT H 77°38'42" EAST 201.68 FEET; THENCE LEAVING SAID CENTER LINE OF SAID ROAD AND RUNNING NORTH 0'14' EAST 272.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 69 °59' EAST 165.00 FEET, •SORE OR LESS, TO. THE WESTERLY M:ARGIN CF 65TH AVENUE SOUTH, AS CONVEYED TO THE CITY CF TUKWILA BY DEED RECORDED UNDER AUDITOR'S FILE NO: 7201070395; THENCE • SOUTHEASTERLY ALONG SAID WESTERLY MARGIN OF 65TH AVENUE SOUTH TO THE NORTHERLY MARGIN OF THE MACADAM ROAD' THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID NORTHERLY MARGIN OF THE N,ACADAM ROAD 200.07 FEET, :YORE OR LESS, TO A POINT FROi '.. WHICH THE TRUE PO /NT OF BEGINNING BEARS NORTH 0 °14' EAST; THENCE NORTH 0 °14' . EAST 96.21 FEET, MORE OR LESS TO THE TRUE POINT OF .SEGI NING TOGETHER WITH THAT PORTION OF VACATED MACADAM ROAD ADJOINING AS VACATED BY THE CITY OF TUKWILA ORDINANCE NO. 671. RECORDED LR:DER AUDITOR'S FILE ►'`!0. 7108120429 D E V E L O P E R ' S A G R E E M E N T (Future participation in one or more'local improvement districts.) THIS AGREEMENT, executed this l l th day of November , 1981 , by and between the City of Tukwila, a municipal corporation of the state of Washington (hereinafter called "City ") and Schneider/ Nilsen Development Co. (hereinafter called "Owner "), W I T H E S S E T H : WHEREAS, Owner has title in fee simple of the described property . in Exhibit A attached to this Agreement (hereinafter called the "property" located in the City of Tukwila, King County, Washington; and Whereas, Owner has requested certain land use and construction permits for development of said property; and Whereas, Owner is required to construct sidewalk improvements in order to obtain such permits, pursuant to Ordinance No. 1158 as amended; and Whereas, the City has determined that in order to provide for the public health, safety and general welfare with respect to the subject property and other property located in the vicinity of this property, one or more Local Improvement District may at some time in future be formed for the purpose of improving rights -of -way adjacent to the subject property, and to improve said rights-of-way be widening, grading, filling, paving, providing curbs and gutters, sidewalks, street lighting, sanitary and storm sewers, water, underground electrical power lines, and other utilities as deemed necessary; and NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties hereto covenant and agree as follows: 1. In the event the City finds that the creation of a Local Improvement District or Districts is necessary for the protection of the public health, safety and general welfare, by improving rights -of -way adjacent to the subject property, and by improving said rights -of -way by widening, grading, filling, paving, providing curbs and gutters, sidewalks, street lighting, sanitary and storm sewers, water lines, underground electrical power lines, and other utilities as deemed necessary, and such Local Improvement District or Districts include within their boundaries the property subject to this Agreement, the Owner agrees to participate equitably in such Local Improvement District or Districts, and hereby waives any right to protest the formation of said Local Improvement District or Districts; provided, however, that the improvements constructed within said Local Improvement District or Districts specially benefit the subject property in an amount equal to or greater than the final assessment for such improvements. 2. This Agreement shall be recorded and shall inure to the benefit of and be binding on all parties to this Agreement, their heirs, successors, and assigns. Owner (s) Approved as to Form: ACCEPTED: City Attorney, Lawrence E. Hard Attest: Mayor City Clerk INDIVIDUAL ACKNOWLEDGMENT: STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of , 19 CORPORATE ACKNOWLEDGMENT: 'STATE OF WASHINGTON ) COUNTY OF KING SS. NOTARY PUBLIC in and for the State of Washington, residing at On this day of , 19 , before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and , the president and secretary, respectively, of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, andon oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and offical seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at • EXHIBIT A PARCEL A: Lots 1, 2 and 3, Block 15, Hillman's Seattle Garden according to plat recorded in Volume 11 of Plats, page 24, in King County, Washington, EXCEPT the Northeasterly 40 feet thereof condemned for road purposes in King County Superior Court Cause No. 109001; PARCEL A -1: An easement for existing driveway • over and across the Southerly 5 feet of the Easterly 315 feet of Lot 4, Block 15, Hillman's Seattle Garden Tracts, according to plat recorded in Volume 11 of Plats, page 24, in King County, Washington EXCEPT the Northeasterly 40 fee thereof condemned for road purposes in King County Superior Court Cause No. 109001. PARCEL B: The North 250 feet•as measured along the West line, of Lot 2, Interurban Addition to Seattle, according to plat recorded in Volume 10 of Plats, page 55,°in King County, Washington; EXCEPT that portion of Lot 2, Interurban Addition to Seattle according to plat recorded in Volume 10 of Plats, page 55, records of King County, Washington, described as follows: Beginning at the Northwest corner of said lot; thence south along the West line of said lot 250.00 feet; thence north 89 ° 37'52" east 178.40 feet; thence northwesterly to a point on the north line of said lot which is north 89 ° 37'52" east a distance of 10.00 feet from the point of beginning; thence south 89 °47' 52" west 10.00 feet to the point of beginning. April 2, 1982 City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Public Works Department 433 -1850 ;1908, - Via Planning Department City of Tukwila 6200 Southcenter Blvd. Tukwila, Wa. 98188 Condor Associates ATTN: Mr. Bill Buchanan P.O. Box 66479 Seattle, Washington 98166 Dear Mr. Buchanan: 1 ! R _ 6 __ 1982 ] C OF TUKWILA r NNING DEPT. Re: Plan Approval of 6450 Building for Sidewalk Adjacent to South - center Boulevard Only The Public Works Department has reviewed your plan submittal for the new concrete sidewalk per Ordinance No. 1158 and approved this sidewalk per the following comments: 1. Twenty -four hours prior to commencement of the construction activities for the sidewalk access permit, the developer shall apply for and obtain said permit, permit fee $25.00 2. The sidewalk shall be installed per Ordinance No. 1158. For C -1 zoned property this sidewalk shall be 8 feet in width. 3. Adjacent public and private utilities shall be protected • during the course of the construction and relocated as necess- ary to allow for this 8 -foot sidewalk construction to go as prescribed in the plan. It is understood that the developer has met with Rod Schrengohst of Entranco Engineers, the City's consultant, and received all the latest data with respect to the proposed alignment and configuration of this sidewalk. The developer has elected not to sign the "Developer's Agreement" and allow for the sidewalk to go in when the final street profile is determined in the future. Rather the developer has elected to provide the sidewalk at this time with the best available information from our consultant engineers who are now in the process of determining the final alignment and configuration of Southcenter Boulevard. It is recognized that infor- V.. f mation available at this time does not provide any reliable guarantees that the proposed location of the sidewalk is the final sidewalk location for. the developed Southcenter Boulevard. If you have any questions regarding these matters please do not hesitate to contact me at 433 -1856. Sincerely, PRF:jst Phillip R. Fraser, . Acting Director of Public Works xc: .Al Pieper Brad Collins Mark Caughey Tukwila Maintenance Shops Mr. Ben Flotkoetter The Baylis Architects 500 '' ' Avenue Northeast Bellevue. Wl;hingtc).� '8004 206 454 0566 March 25, 1982 City of Tukwila Department of Planning 6200 Southcenter Blvd. Tukwila, Washington OZ- 46 Attn: Mark Caughy Re: Southcenter 6450 Dear Mark: You will find 3 sets of revised plans for the referenced project dated 2 -26 -82 attached. As I mentioned in our recent phone conversation we have added some area to the building, the main addition being 4 feet in the east -west direction near grid 1 and 2 and between grid A and E. We added small amounts elsewhere but they did not impact the size of the building. Please process as required through the various departments. Call me if you have any questions. Sin , rian Brand BB /jr cc: Bill Buchanan, Coast Construction Co. A Professional Service Corporation • • El Baylis, A.I.A. Brian Brand, A.I.A. • Richard Wagner, A.I.A. City (f Tukwila C. 6200 Southcenter Boulevard Tukwila, Washington 98188 Public Works Department 433 -1850 March 3, 1982 Via Planning Department City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 John W. (Bill) Buchanan, President Coast Construction Company 652 S.W. 143rd Street Seattle, Washington 98166 Dear Sir: Re: Southcenter 6450 Office Building Traffic Revision at 65th Avenue South, Tukwila, Washington The Public Works Department has reviewed and accepted your traffic revision in 65th Avenue South per your letter of January 12, 1982 (with the except- ion of paragraph 4 on page 1) and the plan from Bayliss Architects as re- vised 12/28/81 with the following comments: 1. All striping, buttons and signing shall be accomplished per MUTCD 2. A Street -Use Permit shall be applied for and obtained twenty -four hours prior to commencement with the work in the public right -of- way. 3. The Public Works Department agrees with paragraph 3 in your January 12th letter which states the following: "In consideration for our completion of this work the City of Tukwila agrees to allow the developer to install the proposed ingress /egress drive- way from our property to 65th Avenue South ". 4. Stop signs shall be included at the exit point from your proposed project onto 65th Avenue South. 5. At the time of application for the permit, three additional plans shall be provided for use by the City. Per paragraph 4 in your letter of January 12 the following is stated: "It is also my understanding that upon your acceptance and receipt of this letter you will issue a Building Permit for the Project ". Per my discussion with Mr. Ben Flotkoetter, Project Manager for.Coast Construction Company, your firm has requested that City accept, in lieu of a full site development plan which will include a proposed sidewalk at the location which the City deems appropriate. Currently the City is in the design phase for Southcenter Boulevard in terms of alignment. If the developer considers it appropriate to put in a sidewalk as part of his development at this time, for the purpose of providing a complete development for the site, the following information which will be made available for the develop- er to complete his plans for Southcenter Boulevard. 1. Existing utility maps 2. Ordinance.1158 3. Contact Rod Schrengohst (at telephone number 454 -0683) of Entranco Engineers for the latest alignment on Southcenter Boulevard for the Southcenter Boulevard street development. 4. The Southcenter Boulevard development plan (via Rod Schrengohst) The above information shall be used to develop the sidewalk plan on Southcenter Boulevard. Per Amended Ordinance 1217 and per my meeting of 3/2/82 with Ben Flotkoetter, Mark Caughey and Al Pieper, the developer is required to submit his final sidewalk plan and have it approved through the Public Works Department prior to the issuance of the building permit for the project. (Paragraph 4 of the January 12th letter of 1981 is thus considered void.) Sincerely, Phillip R. Fraser, Acting Director of Public Works cc: Mark Caughey, Acting Planning Director Al Pieper, Building Official f Re: Southcenter 64bv Office Building Traffic Revision at 65th Avenue South, Tukwila, Washington (Conti'nued) - Mark Caughney FROM: Phillip Frase SUBJECT: 6450 Southcente Blvd:I Office Building Per our meeting this morning with Brian Brand, the Public Works Department has requested the following comments be addressed in a resubmittal of the plans: 1. STORM DRAINAGE: Internal building catch basins to the building shall be reconnected to the sanitary sewerage system. 2. Per the Public Works 10/15/81 memorandum (attached), the external site- site fire loop /sprinkler system (See #4) shall be reviewed by the Tukwila Fire Department and Fire Rating Bureau prior to submittal to the Public. Works Department. As these agencies determine what type of fire prevention system is appropriate for the development, the Public Works Department reviews the plan proposal after these reviews have been completed. Preliminary review of this plan submittal indicates that for the fire loop system, the size, location relative to other utilities, type of material and bedding of the fire loop system is needed to complete the plans. Also, it is likely that the proposed location of the sprinkler pit will not be acceptible by the Tukwila Fire Department and /or Insurance Underwriters. 3. Item # 1 in the 10/15/81 memorandum attached is yet to be submitted. 4. Item # 5 in the 10/15/81 memorandum attached is yet to be submitted. 5. Public Works review of the proposed channelization to 62nd Avenue S. finds the proposed left turn pocket into your property unacceptable as the full traffic needs to surrounding properties has not been met by this proposal. Suggested is a resubmittal with proposed rechannelization that includes a a duel left turn lane /reverse lane up to and including old McCadam Road R /W - - -to be provided by your traffic engineers. Prior to commencing with this revision, I wish to consult with the traffic engineers and request they contact me at their earliest convienence (433- 1856). ,w� *ILIA TO: FROM: DATE: 1909 PF:nb c s City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor MEMORANDUM Mark Caughey, Planning Department Phil Fraser, Senior Engineer October 15, 1981 SUBJECT: Site Plan for 6450 Southcenter Boulevard Building The site utility plans for the 6450 Southcenter Boulevard Building has been reviewed by the Public Works Department and I request a resubmittal which addresses the following comments: 1) Provide the design calculations for the storm retention facility. 2) An addendum to "Note #4" shall allow for only metal pipe in reaches under driveway surfaces. 3) A 2% minimum slope with 12" minimum cover is required for all sanitary sewers. The water service shall be a minimum of 10 L.F. from all storm and sanitary systems and built per D.S.H.S. require- ments. 4) Per letter of September 22, 1981 from Fire Department, Item #12 shall be addressed prior to submittal to Public Works Department for final review. Also, the Fire Rating Bureau shall have reviewed and stamped the drawings prior to Public Works Department review. The function of the Public Works Department review is to review what is required by both the Fire Department and Fire Rating Bureau. 5) A copy of the joint use agreement for the common access off of Southcenter Boulevard shall be provided. 6) A full circulation detail, channelization of 65th Avenue South 200' to the north and to the intersection of Southcenter Boulevard shall be provided. It is not clear from this drawings how the 65th Street access will function relating to the traffic movements on 65th Avenue South. 7) A waiver for sidewalk shall be applied for Southcenter Boulevard to the City Council, if per this drawing it is the intent of the developer to omit this item from the development. QtyofTukwiIa , `` K�� K-� Fire �����������������0^ " .n �� Department ��~_wx �u x u�� u n� " Al-Pieper �uildinS Department City of Tutuila Re: 6430 BuildinS Dear Al: Frank Todd Mayor Hubert H. Crawley Fire Chief September 222 1981 In reviewinS the above mentioned project plans, please note the followins items: 1^ Reouired fire dampers shall be installed per UBC Standard 443-7^ (Penetrations in corridor walls 2, �eilin�s) 2^ Per UFC Section 12^104(b): EXIT doors shall be cxpenable from the inside without the use of a key or any special knowledSe or effort. Walls are to be fire-stopped per UBC Section 2517 (f), 4^ Maintain sprinkler protection for all enclosed areas. Maintain hose station covera�e par City Ordinance :11141^ All sprinkler drawins shall be prepared by conponies licensed to perfcrm this ty^e of work. Drawi:zis shall first be approved by ths Washinf:Iton Scrveyins 1 '7 Bureau, Factory Mutual EnElineerin or Industrial Risk insurers ; then by the Tukwila Fire Department. No work shall . commence without approved dpawinss 5, Firm aXtin1luishers shall be provided per NFPA 0102 as a minimum reouirement+ (One unit per 3000 so+ ft, of sross buildins area) • 6^ Per M7. reouirements, extinsuishers with a f:Iross wei.sht of 40 pocr%ds or les sc that the tup oi' :Ale exin.atuisher is not hiLsher thim 60 inches above the floor: Units weiE!hin::1 more than shall be : than 42 inches above . E:ti:g:ishers shall be loca�ed so as to be in "lain vie: (if at all pcssibla), or if not. in pl�in ..,lain they shall be identified with a siOn statinal "Fir'..: Pia TCity �~. . ° �D� UKK �� ~��x o ��x n�" vn ����� ������������������� ���»��� Department �o x o��x u� " Pa��� number Extinmuishero, : an arrow poiotiniL; to the unit. 7^ A roof access hatch and ladder complying with OSHA standards shall be Provided from inside of the buildin^ 8. All interior wall coveyin materials shall be fire-resistive or shall be treated to be fire-resistive: so as to result in a flame-spread ratin of a least Class III (Class II for eXitways). A certificate of the flame spread ratinsA is reoVired to be delivered to the Tukwila Fire Department. 9. Protective .1uard posts or curbs are reouired around all .sas metersx electrical transformers, sprinM.or valves and hydrants. Posts and curbs are to be painted ellow^ 10^ Insure that adeouate electrical service (receptaoles) �s installed. This will help to eliminate the future use extcnsion cords or or unapproved devices, �1, Per Sec, 10^309(c) of the U:i 7ira Code, all sprinkler systems more than 10* heads. shall by s'^perv�s�� by an approved centr.:Il, prcpriecry or remote station service or a local alarm which will an a4dible sinal at o constantly attended locati:.., , :::4:-proved central Ttoticcs cre those listed by Underwriter's Laboratories:, 12. The locations shown for the sprinkler. pit & P^I4 valves is not - These locations must be shown on sprinkler system drawin::Is submitted for ap,roval' Please include these comments in yoVr review of the above-wentioned Project. Y tr�ly, c:�TFD fi�a Frank Tod Mayor Hubert H. Crawley Fire Chief Fire Prevention Burecu - ' -- --- . i � � � � ��� . 7910240948 PLEASE RETURN 1'O OMAR S. PARKER, JR. 1900 WASHINGTON BUILDING SEATTLE, WA X3101 ROAD AND UTILITY EASEMENT For and in consideration of the prompt and faithful obser- vance of the terms and conditions hereinafter set forth, and other valuable consideration, receipt of which is hereby acknowledged, JAMES S. HUNTINGTON and HELEN DIANE HUNTINGTON, husband and wife (hereinafter referred to as "Grantor "), hereby convey and quitclaim to Robert E. Lee and Evelyn Lee, husband and wife (hereinafter referred to as "Lee ") and King County Housing Authority, a municipal corporation (hereinafter referred to as "Housing Authority "), as the present owners of the property described on Exhibit H referred to below, their successors and assigns (Lee and Housing Authority are herein- after collectively referred to as "Grantee "), a perpetual non- exclusive easement to use the property described on Exhibit A attached hereto and by this reference incorporated herein (hereinafter referred to as "the Easeuent Property "), including any interest therein which Grantor may hereafter acquire. The easement and rights granted herein are subject to the following terms and conditionss 1. The sole and exclusive purposes, for which Grantee may exercise this easement and the rights 'herein granted, are for the installation, operation and maintenance of underground and overhead utilities including, without limitation thereto, a storm sewer for the benefit of, and for pedestrian and vehicu- lar ingress to and egress from, the property described on Exhi- bit H attached beret° and by this reference incorporated herein (hereinafter referred to as "Grantee's Property "). 2. Grantor hereby reserves all rights in and to the Ease ment Property not expressly granted to Grantee herein includ- ing, without limiting the foregoing, the right at all times and IS EXCISE TAX NOT REQUtf:O King Co. Records Divis■an 10 - °� Y ,#-: . , oeputM for all purposes to use the Easement Property and to go upon, along and across, and cross and recross the Easement Property, and to construct, reconstruct, operate and maintain thereon such roads, utility facilities and other improvements as Grantor shall, in its sole and exclusive judgment, deem appro- priate, and to grant to others nonexclusive use of the Easement Property and any other rights herein .reserved; provided, how- ever, Grantor's use of the Easement Property or Grantor's exer- cise of the rights herein reserved shall not unreasonably interfere with use of the road by Grantee or Grantee's exercise of the rights herein granted. 3. Lee, Huntington and Housing Authority shall each bear its own expenses of constructing, reconstructing, operating and maintaining such roads, utility facilities and other improve- ments as are authorized by this instrument and used exclusively by such party; provided, however, any such expenses relating to any roads, utility facilities or improvements used in common by any of the parties hereto shall be borne equally by the parties using the same; provided further, however, P&L Company, a part- nership and current lessee from Lee of property adjacent to the Easement Property hereby agrees by executing this instrument in the space provided below to, at its own expense, construct a road in the location described in Exhibit A attached hereto and, by this reference, made a part hereof, and after the com- pletion of construction of the road, P&L Company shall, during the term of its lease at its own cost and expense, thereafter 6414 01,6 y maintain said road. Such road may be used by Grantee, —ito invitees, successors and assigns for ingress to and egress from the properties described on Exhibit 8 attached hereto. -2- 092179/7/S837A 4. The rights and obligations contained herein shall run with the properties described on Exhibit A and Exhibit D attached hereto and shall benefit and burden the .same as well as the owners thereof, their successors and assigns. IN WITNESS. WHEREOF, Grantor has caused this easement to be executed this / day of ^. + , 1979. P&L COMPANY By STATE OF WASHINGTON ) ) se. COUNTY OF • sep ync enera •artner On this ?!'day of e- .�.t- -�^- 19 7 5, before me, a Notary Public in and for the tate of Washin ton duly , my commissioned and sworn, personally appeared J n and -Helen Diane Huntington, husband and wife, to me known to be the individuals who executed the within and foregoing instru- ment and acknowledged the said instrument to be their free and voluntary act and deed, for the uses and purpoiea_,_therein ••-- -•-- mentioned. GIVEN UNDER my hand and official seal the day and y.ar . i•n this certificate above written. I • • ,� ;,, , • . ,,, ....... , 1 , , a . I1O ?ARY num in and for r , t St to of Washington, residing at • 092179/7/8837A STATE OF WASHINGTON ) ) ss. COUNTY OF On this 2 day of , 192i, before me, the undersigned, a Notary Publ c in an for the State of Washing- ton, duly commissioned and sworn, personally appeared JOSEPH W. LYNCH, tome known to be the General Partner of P&L COMPANY who executed the within and foregoing instrument, a k16w q4ge4' the said instrument to be his free and voluntary act'and deed,''- as General Partner, for the uses and purposes the r ein (dentloted. O' WITNESS my hand and official seal. the day and ye8r' iih, thls�• CD certificate above written. •, t? N O STATE OF WASHINGTON COUNTY OF KING TARY =' BLIC n an Washin on, residing a ) ) SS On this day personally appeared before me JAMES S. HUNTINGTON to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposds therein mentioned. GIVEN under my hand and official seal this 57 day of September, 1979. NOTARY PUBLIC n and for the State of Washington residing at tate of '092179/7/S837A r EXHIBIT A • All of Grantor's right, title and interest in and to: That portion of Macadam Road, as located by King County Survey, Number 639 "a ", lying Westerly of a line perpendicular to the Northwesterly margin of said Macadam Road at its intersection with the Westerly line of that portion of the William H. Gilliam Donation Claim Number 40, in Township 23 North, Range 4 East, W.M., as conveyed to H. Wayne Anderson and Ardeth Anderson, his wife, by deed recorded under Auditors File Number 5845225, and lying North of the Northerly margin of the Renton -Three Tree Point Road•Number 2649. • Lee's Property EXHIBIT B That portion of William H. Gilliam donation land claim No. 40 in Township 23 North, Range 4 East, W.M., described as follows: Beginning 1,336.78 feet West and 1,501.5 feet North Southeast Corner of Section 23.23.4 then East 250 feet, then South 325.5 feet to North line of County Road 0622 then Westerly along said Northerly line to point South of beginning then North to begin- ning, less County Road. Situate in the County of King, State of Washington. Housing Authority Property Ttt; • . 11••.:. •r '.:•46 7►.. I. 4t131ma. 0•.Mtt11 C1••• se. •M, to tr•,nrt :1 :..t ••t.•• 4 Met, •V. L'. , tw llar 344111), St.a111r..tO1, .0:Orll ..• •r. • t• 1 •.•e o tiV:•.t.:t 1, •t • ,111.4 M t•.• ta•t•r 11M of IIt* 1•atow -T: re* 1•41t.t t'M: Mort:' hoot► at 114 tat IM •1th tM *met 1!t.. -[ '•.111•.1. 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IMO +f :.• •4 11.1 vv. 11:.11 test, wave or less, 1D • polo' •w 1M ..•.••... w• :• el • • t Wt1. ••m•• :Wilt •• i.011 11 11 • '.IL; •.f •.1•4•1146 1.1 1.0•.1 r•nu•M• wa••r awl %101•• Itt• Ito. 71.41••11Ctii tl e+a : 4•011sn0•.e•r1; 418•4 MS• row* •10r461 M.3: Vol, rem or lea•, to • ••:re trio ;I.$s •111 LIMO pte.t of Pr, 1.0 :.1,: 110” •$ ••t.w grei..•t• 04011 WIMP* Mob* s9 ••W t••1.It teat. - ,r• 00 1•t•:, IS 11* 11ttM Irt•% •' 1•i.I1• VI. •:►.0r •:!k Itol WIS.. of **•••• ••••r•tt rr.4 04'•tols4, u • t. 0.1:•1 ..:. •/. •: ol•I..41611 K IMP FOLLOWS: ITY F TUK WASHINGTON ORDINANCE NO /0-5 ORDINANCE RECLASSIFYING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF 65TH AVENUE AND SOUTH - CENTER BOULEVARD FROM R -4 ZONING CLASSIFICATION TO C -1 ZONING CLASSIFICATION WITHIN THE CITY OF TUKWILA. WHEREAS, the owner of the property described in Exhibit "A" attached hereto has petitioned the City requesting reclassification of said property from R -4 to C -1 for the expressed purpose of development of an office facility, and; Council hereby adopts the map:attached as Exhibit the property described. 111311 Vie/1 11 ��. I TA13 ED acz OD <c�L� WHEREAS, adequate environmental information was submitted and a negative declaration made by the responsible official, and; WHEREAS, a public hearing on said petition was conducted before the Planning Commission as required by law on 21 December 1977 after which a favorable recommendation with stipulations was made, and; WHEREAS, the City Council, at a regular meeting thereof, has considered the recommendation of the Planning Commission and has concurred with said recommen- dation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN AS Section 1. That the real property generally located at the northwest corner of the intersection of 65th Avenue South and Southcenter Boulevard, as further described in Exhibit "A" attached hereto, is hereby classified C -1 in accordance with Ordinance #251 of the City of Tukwila, as amended, and the City hereto as illustrative of Section 2. This classification to C -1 shall include the following stipulations. 1. Development of the property under the C -1 classification shall be limited to a single office building which may contain commercial service uses customarily incidental to office use. 2. All buildings shall be set back twenty -five (25) feet from the right - of -way line of Southcenter Boulevard and 65th Avenue South. 3. All buildings or structures shall not exceed three.(3) stories and thirty -five (35) feet in height irrespective of adjacent zones or structures. 4. Development plans, including but not limited to site, elevation, landscape and building materials.shall be subject to review and approval of the Planning Commission sitting as the Board of Architectural Review as established in Chapter 18.32 of the Tukwila Municipal Code. The express purpose of such reveiw is to ensure the development design complements the neighboring developments and the residential neighborhood. 5. If the concrete and bulkheads now located on the site are not removed within a one -year period of time from the effective date of this ordinance, subject land shall be reclassified to R -4. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof, this / f 0 day of i , 1978. Approved as to Form: Deputy City Attorney ATTEST: • Published: Record-Chronicle, April 23, 1978 / .afcwe j Mayor it?Clerk LAWRENCE E. HARD • • • /J ri site plan southcenter 6500 baylis architects floor plan floor plan basement floor plan grading plan section a-a elevation elevation