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Home My WebLink AboutPermit 80-39-R - BENAROYA - REZONE80-39-r southcenter parkway south 180th street benaroya company change in rezone conditions REZONE COMPREHENSIVE PLAN AMENDMENT COMPREHENSIVE LAND USE PLAN AMENDMENT MC /jas City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development Jack A. Benaroya Co. 5950 Sixth Ave. So. Seattle, WA 98108 Attn: Joel Benoliel 2 December 1980 SUBJECT: APPLICATION 80 -39 -R - CHANGE IN REZONE CONDITIONS At its Committee -of- the- Whole of 24 November 1980, the Tukwila City Council voted to table this application pending immenent review of the new-zoning ordinance text and map. The Council's action is based on their desire to insure that provisions of the new code will cover adequately the same regulatory matters now addressed in the existing property use and development agreement. We anticipate that council review of the new zoning documents will begin right after the holidays.. At the conclusions of their review, we shall place this matter before the council once again. If I can be of service in the interim, please let me know. TUKWILAINNING DEPT. Caughey Acting Director City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development Jack A. Benaroya Co. 5950 Sixth Ave So. Seattle, Wa 98101 Attn: Joel Benoliel, Gen. Counsel 31 October 1980 Subject: Application 80 -39 -R; Modification of rezone conditions This letter confirms the decision of the Tukwila Planning Commission at its 23 October 1980 meeting to recommend to the City Council that the petition for release of previously - imposed zoning conditions be denied. This matter will be presented to the Council at their meeting of 10 November 1980, beginning at 7:00 p.m. in City Hall. Please plan to be represented at that time. An excerpt from the Planning Commission's proceedings is enclosed. Tukwilyanning Dept. MC /bk Encl. Mai"k Caughey Acting Director 1 City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 Office of Community Development MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION 433 -1845 Minutes of the meeting of 23 October 1980, continuing the regular meeting of 16 October 1980. Chairman Richard Kirsop called the meeting to order at 7:00 P.M. All Com- missioners were present, except Mr. Sowinski who arrived at 8:10 P.M. Staff present were: Al Pieper, Building Official; Fred Satterstrom, Project Planner; Caroline Berry, Assistant Planner and Mark Caughey, Acting Planning Director. BOARD OF ARCHITECTURAL REVIEW A) Hayden Island, Inc. For approval of alternate signing at 16600 Southcenter Pkwy. Mr. Pieper read the staff report. The applicants were not represented at the meeting. The essence of the application is to obtain B.A.R. approval of a second building - mounted tenant sign on one of the buildings in the Parkway Square complex, per Ordinance 1175. The applicants would forego one freestanding sign within the complex in exchance for.•the second wall -sign. MOVED BY MRS. AVERY TO APPROVE THE SECOND SIGN AT 16600 SOUTHCENTER PARKWAY WITH THE STIPULATION THAT SIZE RESTRICTIONS IN TABLE B -1 OF ORDINANCE 1175 BE FOLLOWED, AND THAT THE RIGHT TO INSTALL A FREESTANDING SIGN IS FORFEITED. MOTIONED SECONDED BY MR. RICHARDS. B) S & S Sign Company for review of additional signing on a building located at 15439 53rd Ave. So. Mr. Pieper presented the staff report which recommends denial of the appli- cation as contrary to the intent of Ordinance 1175. He then explained further._the interpretation of the tenant -sign uniformity standard refer- enced in Ordinance 1175. David Shenton, Attorney, spoke in support of the proposal. He noted that the Board of Adjustment recently interpreted this project as a single entity thus giving it two street frontages. Page 2 MOVED BY MR. ARVIDSON, WITH MRS. AVERY'S SECOND, TO APPROVE THE REQUEST FOR ADDITIONAL SIGNING AT 15439 53RD AVE. SO. AS PRESENTED. MOTION FAILED; JAMES, ORRICO AND RICHARDS DISSENTING. MOVED BY MR. ORRICO, WITH MR. JAMES' SECOND, TO DENY THE APPLICATION. MOTION CARRIED WITH MRS. AVERY AND MR. ORRICO DISSENTING. OTHER BUSINESS A) Ramada Inn - Informal Design Analysis The Building Official displayed drawings of the proposed hotel to be built on West Valley Highway, requesting critque thereof by the Commission. B) Report of the Building Official on Ordinance 1175. The Commssion discussed Mr. Pieper's written report citing criticisms of Ordinance 1175. It was the Commission's consensus that a recommendation be sent to the City Council to repeal Ordinance 1175. PUBLIC HEARING A) Application 80 -39 -R (Jack A. Benaroya Co.) to obtain partial release from conditions of rezoning embodied in a property use and developeent agreement dated 21 July 1969. Property located on the West side of Southcenter Parkway, North of South 180th St. Mark Caughey read the "Introduction" and "Recommendation" sections of the staff report. The public hearing was opened at 8:11 P.M. Joel Benoliel, general counsel for the Benaroya Company, elaborated on their request to have the present agreement set aside. He explained that Parkway Plaza's lender, who is out -of- state, objects to the potential cloud on the title represented by the agreement. The Benaroya Company believes that all terms of the agreement have been satisfied and that existing city regulations are already more stringent than those found in the document. Thus, the City's interests are protected and the agreement is no longer useful to either party. The Commission then discussed the relationship between the lender's apparent willingness to extend permanent financing to the project, and the on -going nature of the agreement as a deed restriction. The public hearing was closed at 8:19 P.M. MOVED BY MR. ORRICO, WITH MR. RICHARD'S SECOND TO RECOMMEND TO THE CITY COUNCIL THAT THE BENAROYA COMPANY'S PETITION 80 -39 -12 FOR RELEASE FROM CONDITIONS OF USE AND DEVELOPMENT AGREEMENT NO. 6557692 DATED 21 JUNE 1969 BE DENIED. MOTION CARRIED 6 -0, MR. SOWINSKI ABSENT. Page 3 The meeting was recessed at 8:33 P.M. to allow for the scheduled public hearing on Draft #4 of the Proposed Zoning Ordinance and accompanying D.E.I.S. (Separate minutes of these proceedings are available) The meeting reconvened at 10:37 P.M. PUBLIC HEARING B) Application 80 -38 -R (Harold Wynn) to rezone 5.0 acres, more or less from R -1 to R -4. Property located on South 152nd Street, East of MacAdam Road. Mark Caughey read the staff report; Robert Thorpe of R.W. Thorpe Associates was present on behalf of Mr. Wynn, the property owner. The public hearing was opened at 10:49 P.M. Mr. Thorpe stated that his client agrees with most of the staff's comments, but requests Planning Commission consideration of alternative approaches in the configuration of R -4/R -3 zoning boundaries and density levels author- ized. He also presented a real estate research report relating to housing demand within the community. Mr. Thorpe described the background research undertaken to arrive at the present site layout, including their intent to retain significant trees and slope areas in an undisturbed condition to the maximum extent possible. The advantages of allowing higher density than is indicated on the application exhibits were explained, including the possibility of structured recreation and lesser disturbance of surface conditions. Ms. Louise Strander, resident in the project vicinity, suggested that the perimeter of the Wynn property be fenced to limit trespass upon surrounding properties. She also stated her wish that multi - family use not be extended northward of the Wynn property. The public hearing was closed at 11:08 P.M. MOVED BY MR. ORRICO, WITH MR. JAMES'SECOND, TO RECOMMEND TO THE CITY COUNCIL THAT THE WYNN PROPERTY BE RECLASSIFIED FROM R -1 -12 TO R -3 AND R -4 SUBJECT TO THE FOLLOWING CONDITIONS: 1) PRIOR TO TRANSMITTAL OF THE COMMISSION'S RECOMMENDATION ON THIS ZONING RECLASSIFICATION TO THE CITY COUNCIL, THE APPLICANT SHALL PREPARE AND SUBMIT FOR STAFF APPROVAL PRECISE LEGAL DESCRIPTIONS FOR THE "R -3" AND "R -4" SUB -AREAS OF THE SITE. SAID DESCRIPTIONS SHALL BE AGREED UPON MUTUALLY BETWEEN STAFF AND THE PROPERTY OWNER PER THE MODIFICATIONS SUGGESTED FOR EXHIBIT "C" IN THE PUBLIC RECORD OF PROCEEDINGS UNDER THIS APPLICATION 80 -38 -R. 2) THE BUILDING /PARKING /CIRCULATION AND RELATED DEVELOPMENT DETAILS APPEARING ON EXHIBIT "C" ARE CONCEPTUAL ONLY AND ARE NOT APPROVED. ANY PROJECT PROPOSED ON THIS. SITE SUBSEQUENT TO CITY COUNCIL APPROVAL OF THE SUBJECT REZONE SHALL REQUIRE B.A.R. APPROVAL OF SITE, ARCHITECTURAL AND LANDSCAPING DETAILS PRIOR TO ISSUANCE OF BUILDING PERMITS. I' Page 4 MC /jas C 3) MAXIMUM RESIDENTIAL DENSITY FOR OVERALL DEVELOPMENT OF THIS SITE SHALL NOT EXCEED 18 D.U. /GROSS ACRE. 4) STRUCTURED ENCLOSED PARKING SHALL BE PROVIDED FOR ANY PROJECT DEVELOPED ON THIS SITE SUBSEQUENT TO CITY COUNCIL APPROVAL OF THE REZONE RECOMMENDATION AT A RATIO OF NOT LESS THAN ONE (1) STALL PER DWELLING UNIT. UNSTRUCTURED PARKING SHALL BE PROVIDED AT THE MINIMUM RATIO OF ONE -HALF STALL PER UNIT. THE APPLICANT SHALL AGREE TO EQUITABLY PARTICIPATE IN CITY OF TUKWILA L.I.D. #30. 6) FENCING SHALL BE PROVIDED ON THE NORTH AND EAST PROPERTY LINES OF THE WYNN PROPERTY; PRECISE DESIGN DETAILS OF SAID FENCING SHALL BE SUBJECT TO MUTUAL AGREEMENT BETWEEN THE PROPERTY OWNER AND STAFF. MOTION CARRIED 5 -0, MR. RICHARDS ABSENT. The meeting was adjourned at 11:32 P.M. TUKWILA PLANNING COMMISSION Minutes Transcribed by: Mark Caughey Assistant Planner Eileen Avery Secretary AGENDA ITEM INTRODUCTION In 1969, the property now developed as Parkway Plaza West ( "Boeing" Office Building, Carriage House, Simon's, etc.) was rezoned from R -1 to M -1 (Light Industry) by the Planning Commission. As a condi- tion of rezone approval, the Planning Commission imposed several use and design constraints on dev- elopment of the property, and required that those standards be recorded as a deed restriction on the property, binding future pur- chasers and owners to adhere to those standards. The Development/ Use Agreement is still in force today, and the Benaroya Company is requesting release of that docu- ment from title to the Parkway Plaza West site. CI T Y OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT 80 -39 -R: Benaroya; Modification of Rezone Conds. FINDINGS 1) The subject property was rezoned in June, 1969, from R -1 to M -1 at the request of Stanley Kasperson, Trustee. 2) Conditions imposed by the Planning Commission on said rezone approval were in a "Development and Use Agreement" recorded under King County Auditor's File No. 6557642. 3) The subject property was purchased subsequently and developed by the Benaroya Company; the Development Agreement appears as an encumbrance on the Benaroya Company's title to the site. 4) Paragraph 4, Page 1, of the Agreement states: "WHEREAS, the City Planning Commission has recommended to the City Council that the property be rezoned only upon execution of a Property Use and Development Agreement, substantially in the form hereof, herein called "Agreement" and that otherwise the petition should be denied." PLANNING COMMISSION STAFF REPORT SUBJ: 80 -39 -R: Benaroya; Modification of Rezone Conds. Page 2 5) On 30 July 1980, the Benaroya Company petitioned the City to set aside the Agreement to clear any cloud on the record title to accommodate the Benaroya Company's mortgage lender. 6) On 15 September 1980, the Benaroya Company's legal counsel discovered that the subject Development Agreement also covers properties south of their site (Levitz Furniture); they request that only those properties depicted on Exhibit "A" be released from terms of the Agreement. CONCLUSIONS 1) It is apparent that the applicant's willingness to accept the terms of the subject Agreement on a deed - restriction basis was a key factor which persuaded the Planning Commission to upzone this property in 1969. It is also apparent that the Benaroya Company knew of the terms of the Agreement as running with the land at the time they purchased the property and accepted them as presented. 2) By imposing their rezone conditions in a form perpetually binding on the land, it seems that the intent of the Planning Commission was to impose development standards which would govern both the initial development of the site as well as future redevelopment. 3) Staff concludes that the specific terms of the Agreement have probably out- lasted their stated public purpose insofar as zoning restrictions and the established architectural theme of Parkway Plaza West already impose more restrictive standards than are contained in the Development Agreement. Note that Draft #4 of the proposed Zoning Ordinance, as recommended by your Commission, requires B.A.R. review of projects in the M -1 zone. III) RECOMMENDATION Staff suggests that the Planning Commission recommend to the City Council that the Benaroya Company's Petition 80 -39 -R for release from conditions of Use and Development Agreement No. 6557642 dated 21 June 1969 be granted for those properties described on Exhibits "A" and "B" of this application. LEVITZ ATTACHMENT Master Land Development Application (Jack A. Benaroya Company) parkway plaza west site plan legal description Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING i1 C•�1f3� •O••• �.`Ja'1L1� '� 1 ri` being first duly sworn on oath, deposes and says that ..she. is the c'.•.1.j.3 f'... L1e?" k of THE DAILY RECORD CHRONICLE, a newspaper published six (6) times 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 ; jp ti.ot3••f3'•..j,jget1•T17 V.P.C. Form No. 17 Rev. 7-79 ss. :' 21600 as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of 1 consecutive issues, commencing on the 3 day of Oat.ber ,19 $O, and ending the day of 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 charged for the foregoing publication is the sum of $.1)J... rnt 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 'T day of Notary Public in and for the State of Washington,. residing at -freest, King County. AU1�1ti �n �r — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 19S5. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. cn r Ur IUI WILA NOTICE OF MEETING OF THE TUKWILA PLANNING COMMISSION NOTICE IS HEREBY GI- ' ,4 VEN that the Tukwila PLAN- • 1 NING COMMISSION has fixed the 18th day of Octob- er, 1980 at 8:00 P.M. in Conference Room #3 of Tukwila City Hall, 8200 Southcenter Boulevard, Tukwila, Washington, as the time and place tor: PUBLIC HEARING: • Application 80 -30 -R , (Donald A. Moody) to rezone 1.8 Acres, more or less from R -1 to C -2. Property located at S. 139th Street and In- terurban Avenue. PUBLIC HEARING: Application 80-38-R (Harold Wynn) to rezone 5.0 Acres, more or less from R -1 to R-4. Property located on S. 152nd St. East of MacAdam Road. PUBLIC HEARING: Application 80 -39 -R (Jack A. Benaroya Co.) to obtain partial release from condi- tions of rezoning embodied in a property use and de- velopment agreement dated 21 July 1969. Property lo- cated on West side of South - center Parkway, North of S. 180th St. Any and ell interested per- sons are invited to TUKWILA attend. PLANNING COMMISSION Eileen Avery • _ Secretary Published in The Daily Record Chroncle October 3, 1980. T1800. .I: September 15, 1980 Mark Caughey Acting Director Tukwila Planning Dept. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Zoning Agreement #6557642 Joel Benoliel General Counsel Jack A. Benaroya Company 5950 Sixth Avenue South, Seattle, WA 98108 (206) 762 4750 Following up on your letter dated August 5, 1980, I enclose our application for a partial release of the above zoning agreement, together with a certificate of title, a list of owners within 300', a map of the affected area, and a check for the $100 filing fee. Since the date of your letter, I have discovered that the 1969 zoning agreement also affects property which we do not own, to the south of Parkway Plaza West. For this reason, we designate our application as requesting a "partial release." Thus, if our application is granted, the release will affect only the Parkway Plaza Office Building (9- story), Simon's Restaurant, and Casa Lupita Restaurant, together with associated parking areas, as shown in red on the site plan attached to the application. The northerly boundary of the land subject to our current application excludes the "north canyon" and the Carriage House. We excluded these because it appears that the zoning agreement never did affect these properties, and in any event, these properties were rezoned in 1979 and 1977, respectively. Please call me if you need anything further in order to set this for a public hearing. INDUSTRIAL PARKS /WAREHOUSES /OFFICE BUILDINGS /SHOPPING CENTERS AND SPECIALIZED MERCHANDISE MARTS. Real property owners within 300': ATTACHMENT Master Land Development Application City of Tukwila (Jack A. Benaroya Company) Castello Land Company 3400 Phinney Avenue North Seattle, Washington 98103 American National Insurance Company 525 1st West Seattle, Washington Fradarick A. Lillian Vice President and King County Manager September 9, 1980 City of Tukwila c/o Mr. Joel Benoliel Attorney at Law 5950 Sixth Avenue South Seattle, WA 98108 To Whom It May Concern: Attached hereto, as exhibits A and A -1, are properties affected by "Property Use and Development Agreement" recorded August 28, 1969 under Auditor's File No. 6557642. While no examination of the records has been made in regard to liens or encumbrances that may affect said properties, this letter is to advise and assure you that as of September 9, 1980, at 8:00 a.m., the record title to the properties described in exhibits A and A -i were vested in Jack A. Benaroya Company, a Washington Corporation. Yours ruly, hf . RONALD E. BAUER Sr. Advisory Title Officer REB:ph Enclosure Pioneer National Title Insurance Company 719 Second Avenue Seattle, Washington 98104 206 223 7878 PIONEER NATIONAL TITLE INSURANCE ATICOR COMPANY PARCEL 2A: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, N.M.• IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26; THENCE NORTH 87 °45'57" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AS ESTABLISHED IN KING COUNTY AUDITOR'S FILE NOS. 6343862, 6343863, 6343865, 6343867 AND 6343868; THENCE NORTH 11 °59'33" WEST ALONG SAID WEST MARGIN A DISTANCE OF 725.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88 °25'36" WEST A DISTANCE OF 66.85 FEET; THENCE SOUTH 11 0 59'33" EAST A DISTANCE OF 91.74 FEET; THENCE NORTH 88 °25'36" WEST A DISTANCE OF 115.17 FEET; THENCE NORTH 11 °59'33" WEST A DISTANCE OF 261.67 FEET; THENCE NORTH 85 °12'11" EAST A DISTANCE OF 182.00 FEET TO SAID WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTHERLY ALONG SAID WEST MARGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 82 °54'26" EAST HAVING A RADIUS OF 991.37 FEET, AN ARC DISTANCE OF 84.78 FEET THROUGH A CENTRAL ANGLE OF 04 °53'59 "; THENCE SOUTH 11 °59'33" EAST ALONG SAID WEST MARGIN A DISTANCE OF 105.15 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2B: ( EXHIBIT A Page 1 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, N.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26; THENCE NORTH 87 °45'57" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AS ESTABLISHED IN KING COUNTY AUDITOR'S FILE NOS. 6343862, 6343863, 6343865, 6343867 AND 6343868; THENCE NORTH 11 °59'33" WEST ALONG SAID WEST MARGIN A DISTANCE OF 830.58 FEET; THENCE CONTINUING ALONG SAID WEST MARGIN ON A CURVE TO THE • RIGHT, HAVING A RADIUS OF 991.37 FEET, AN ARC DISTANCE OF 124.78 FEET THROUGH A CENTRAL ANGLE OF 07 °12'41" TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86 °40'03" WEST A DISTANCE OF 274.13 FEET; THENCE NORTH 01 °08'35" EAST A DISTANCE OF 30.66 FEET; THENCE SOUTH 88 °51'25" EAST A DISTANCE OF 272.38 FEET TO SAID WEST MARGIN OF SOUTHCENTER SOUTH; THENCE SOUTHERLY ALONG SAID WEST MARGIN ALONG A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 85 °45'26" EAST HAVING A RADIUS OF 991.37 FEET AN ARC DISTANCE OF 9.31 FEET THROUGH A CENTRAL ANGLE OF 00 °32'18" TO THE TRUE POINT OF BEGINNING. TOGETHER WITH A NON— EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, N.M., IN KING COUNTY, WASHINGTON; THENCE NORTH 87 °45'57" WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AS ESTABLISHED IN KING COUNTY AUDITOR'S FILE NO. 6343848; THENCE SOUTH 11 °59'33" EAST ALONG SAID WEST MARGIN A DISTANCE OF 41.27 FEET; THENCE NORTH 87 °45'57" WEST A DISTANCE OF 210.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 87 °45'57" WEST A DISTANCE OF 19.11 FEET; THENCE SOUTH 42 °30'27" WEST A DISTANCE OF 26.38 FEET; THENCE NORTH 11 °59'33" WEST A DISTANCE OF A- 000000 PAGE 1 EXHIBIT A Page 2 336.32 FEET; THENCE NORTH 02 °14'03" EAST A DISTANCE OF 108.30 FEET; THENCE NORTH 11 °59'33" WEST A DISTANCE OF 519.86 FEET; THENCE NORTH 88 °51'25« WEST A DISTANCE OF 152.31 FEET TO THE CENTERLINE OF A RAILROAD EASEMENT AS DESCRIBED UNDER KING COUNTY RECEIVING NO. 7711090221; THENCE NORTHERLY ALONG SAID CENTERLINE ON A CURVE TO THE RIGHT• THE CENTER OF WHICH BEARS SOUTH 89 °05'19" EAST HAVING A RADIUS OF 410.28 FEET, AN ARC DISTANCE OF 24.01 FEET THROUGH A CENTRAL ANGLE OF 03 °21'11 "; THENCE LEAVING SAID CENTERLINE OF A RAILROAD EASEMENT SOUTH 88 °51.25" EAST A DISTANCE OF 78.65 FEET; THENCE NORTH 01 °08'35" EAST A DISTANCE OF 198.66 FEET; THENCE SOUTH 88 °51'25" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH O1 °08'35" WEST A DISTANCE OF 198.66• FEET; THENCE NORTH 86 °40'03" EAST A DISTANCE OF 274.13 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AS ESTABLISHED IN KING COUNTY AUDITOR'S FILE NO. 6343868; THENCE SOUTHERLY ALONG SAID WEST MARGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 85 °13'08" EAST HAVING A RADIUS OF 991.37 FEET. AN ARC DISTANCE OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 02 °18'42" TO THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL 2 -A; THENCE LEAVING SAID WEST MARGIN OF SOUTHCENTER PARKWAY, AND ALONG THE NORTHERLY AND WESTERLY LINE OF SAID PARCEL 2 -A, SOUTH 85 °12'11" WEST A DISTANCE OF 182.00 FEET; THENCE SOUTH 11 °59'33" EAST A DISTANCE OF 502.04 FEET; THENCE SOUTH 02 °14'03" WEST A DISTANCE OF 27.67 FEET; THENCE SOUTH 87 °45'57" EAST A DISTANCE OF 189.56 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AS ESTABLISHED IN KING COUNTY AUDITOR'S FILE NO. 6343867; THENCE SOUTH 11 °59'33" EAST ALONG SAID WEST MARGIN A DISTANCE OF 56.74 FEET; THENCE NORTH 87 °45'57" WEST A DISTANCE OF 203.50 FEET; THENCE SOUTH 02 °14'03" WEST A DISTANCE OF 25.63 FEET; THENCE SOUTH 11 °59'33" EAST A DISTANCE OF 320.70 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.. IN KING COUNTY, WASHINGTON; THENCE NORTH 87 °45'57" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AS ESTABLISHED IN KING COUNTY AUDITOR'S FILE NOS. 6343862, 6343863, 6343865, 6343867 AND 6343868; THENCE NORTH 11 °59'33" WEST ALONG SAID WEST MARGIN A DISTANCE OF 830.58 FEET; THENCE CONTINUING ALONG SAID WEST MARGIN ON A CURVE TO THE RIGHT HAVING A RADIUS OF 991.37 FEET, ON ARC DISTANCE OF 124.78 FEET THROUGH A CENTRAL ANGLE OF 07 °12'41 "; THENCE SOUTH 86 °40'03" WEST A DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 86 °40'03" WEST A DISTANCE OF 20.06 FEET; THENCE NORTH 03 °52'30" WEST A DISTANCE OF 12.83 FEET; THENCE NORTH 88 °51'25" WEST A DISTANCE OF 227.25 FEET; THENCE NORTH O1 °08'35" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 88 °51'25" EAST A DISTANCE OF 245.63 FEET; THENCE SOUTH 03 °52'30" EAST A DISTANCE OF 31.34 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS: A- 000000 PAGE 2 BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35. TOWNSHIP 23 NORTH. RANGE 4 EAST. W.M.• IN KING COUNTY. WASHINGTON; THENCE NORTH 87 °45'57" WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AS ESTABLISHED IN KING COUNTY AUDITOR'S FILE NO. 6343848; THENCE SOUTH 11 °59'33" EAST ALONG SAID WEST MARGIN A DISTANCE OF 15.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 11 °59'33" EAST ALONG SAID WEST MARGIN A DISTANCE OF 51.58 FEET; THENCE NORTH 87 °45'57" WEST A DISTANCE OF 256.63 FEET; THENCE NORTH 42 °30'27" EAST A DISTANCE OF 32.77 FEET; THENCE SOUTH 87 °45'57" EAST A DISTANCE OF 19.11 FEET; THENCE NORTH 11 °59'33" WEST A DISTANCE OF 25.79 FEET; THENCE SOUTH 87 °45'57" EAST A DISTANCE OF 210.00 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH A WATER LINE EASEMENT. 10 FEET IN WIDTH, HAVING 5 FEET OF SAID WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26. TOWNSHIP 23 NORTH. RANGE 4 EAST. W.M.. IN KING COUNTY. WASHINGTON; THENCE NORTH 87 °45'57" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AS ESTABLISHED IN KING COUNTY AUDITOR'S FILE NO. 6343848; THENCE NORTH 11 °59'33" WEST ALONG SAID WEST MARGIN A DISTANCE OF 419.58 FEET; THENCE SOUTH 78 °00'27" WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 11 °59'33" WEST A DISTANCE OF 160.00 FEET; THENCE SOUTH 78 °00'27" WEST A DISTANCE OF 190.00 FEET; THENCE NORTH 11 °59'33" WEST A DISTANCE OF 160.00 FEET; THENCE NORTH O1 °29'24" EAST A DISTANCE OF 154.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 68 °30'52" EAST A DISTANCE OF 32.45 FEET TO THE WEST LINE OF THE ABOVE DESCRIBED PROPERTY AND THE TERMINUS OF THIS EASEMENT. TOGETHER WITH A SANITARY SEWER LINE EASEMENT. 10 FEET IN WIDTH. HAVING 5 FEET OF SAID WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26. TOWNSHIP 23 NORTH. RANGE 4 EAST. W.M.• IN KING COUNTY. WASHINGTON; THENCE NORTH 87 °45'57" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 1153.39 FEET; THENCE NORTH 16 °18'55" EAST A DISTANCE OF 194.99 FEET; THENCE NORTH 35 °19'33" EAST A DISTANCE OF 127.49 FEET; THENCE NORTH 04 °34'07" EAST A DISTANCE OF 279.94 FEET; THENCE NORTH 04 °45'09" EAST A DISTANCE OF 345.42 FEET TO A MANHOLE AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 45 °19'08" EAST A DISTANCE OF 158.87 FEET; THENCE SOUTH 62 °52'32" EAST A DISTANCE OF 28.40 FEET TO THE WEST LINE OF THE ABOVE DESCRIBED PROPERTY AND THE TERMINUS OF THIS EASEMENT. PARCEL 3: EXHIBIT A Page 3 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M.• IN KING COUNTY, WASHINGTON, AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 A- 000000 PAGE 3 EXHIBIT A Page 4 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 87 °45'57" WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 11 °59 EAST ALONG SAID WEST MARGIN, A DISTANCE OF 41.27 FEET; THENCE NORTH 87 °45'57" WEST 210.00 FEET; THENCE NORTH 11 °59'33" WEST 235.54 FEET; THENCE SOUTH 87 °45'57" EAST 210.00 FEET TO SAID WEST MARGIN; THENCE SOUTH 11 °59'33" EAST ALONG SAID WEST MARGIN, A DISTANCE OF 194.27 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 359 TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE NORTH 87 °45'57" WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AS ESTABLISHED IN KING COUNTY AUDITOR'S FILE NO. 6343848; THENCE SOUTH 11 °59'33" EAST ALONG SAID WEST MARGIN A DISTANCE OF 15.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 11 °59'33" EAST ALONG SAID WEST MARGIN A DISTANCE OF 51.58 FEET; THENCE NORTH 87 °45'57" WEST A DISTANCE OF 256.63 FEET; THENCE NORTH 42 °30'27" EAST A DISTANCE OF 32.77 FEET; THENCE SOUTH 87 °45'57" EAST A DISTANCE OF 19.11 FEET; THENCE NORTH 11 °59 WEST A DISTANCE OF 25.79 FEET; THENCE SOUTH 87 °45'57" EAST A DISTANCE OF 210.00 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH A NON- EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE NORTH 87 °45'57" WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AS ESTABLISHED IN KING COUNTY AUDITOR'S FILE NO. 6343848; THENCE SOUTH 11 °59'33" EAST ALONG SAID WEST MARGIN A DISTANCE OF 41.27 FEET; THENCE NORTH 87 °45'57" WEST A DISTANCE OF 210.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 87 °45'57" WEST A DISTANCE OF 19.11 FEET; THENCE SOUTH 42 °30'27" WEST A DISTANCE OF 26.38 FEET; THENCE NORTH 11 °59'33" WEST A DISTANCE OF 336.32 FEET; THENCE NORTH 02 °14'03" EAST A DISTANCE OF 108.30 FEET; THENCE NORTH 11 °59'33" WEST A DISTANCE OF 519.86 FEET; THENCE NORTH 88 °51'25" WEST A DISTANCE OF 152.31 FEET TO THE CENTERLINE OF A RAILROAD EASEMENT AS DESCRIBED UNDER KING COUNTY RECEIVING NO. 7711090221; THENCE NORTHERLY ALONG SAID CENTERLINE ON A CURVE TO THE RIGHT THE CENTER OF WHICH BEARS SOUTH 89 °05'19" EAST HAVING A RADIUS OF 410.28 FEET, AN ARC DISTANCE OF 24.01 FEET THROUGH A CENTRAL ANGLE OF 03 °21•11 "; THENCE LEAVING SAID CENTERLINE OF A RAILROAD EASEMENT SOUTH 88 °51'25" EAST A A- 000000 PAGE 4 A 000000 PAGE EXHIBIT A Page 5 DISTANCE OF 78.65 FEET; THENCE NORTH O1 °08'35" EAST A DISTANCE OF 198.66 FEET; THENCE SOUTH 88 °51'25" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH O1 °08'35" WEST A DISTANCE OF 198.66 FEET; THENCE NORTH 86 °40'03" EAST A DISTANCE OF 274.13 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AS ESTABLISHED IN KING COUNTY AUDITOR'S FILE NO. 6343868; THENCE SOUTHERLY ALONG SAID WEST MARGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 85 °13'08" EAST HAVING A RADIUS OF 991.37 FEET, AN ARC DISTANCE OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 02 °18'42" TO THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL 2 -A; THENCE LEAVING SAID WEST MARGIN OF SOUTHCENTER PARKWAY, AND ALONG THE NORTHERLY AND WESTERLY LINE OF SAID PARCEL 2 -A, SOUTH 85 °12'11" WEST A DISTANCE OF 182.00 FEET; THENCE SOUTH 11 °59'33" EAST A DISTANCE OF 502.04 FEET; THENCE SOUTH 02 °14'03" WEST A DISTANCE OF 27.67 FEET; THENCE SOUTH 87 °45'57" EAST A DISTANCE OF 189.56 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AS ESTABLISHED IN KING COUNTY AUDITOR'S FILE NO. 6343867; THENCE SOUTH 11 °59'33" EAST ALONG SAID WEST MARGIN A DISTANCE OF 56.74 FEET; THENCE NORTH 87 °45'57" WEST A DISTANCE OF 203.50 FEET; THENCE SOUTH 02 °14'03" WEST A DISTANCE OF 25.63 FEET; THENCE SOUTH 11 °59'33" EAST A DISTANCE OF 320.70 FEET TO THE TRUE EXHIBIT Page 1 IS A 1)(tint.-1011 Pall=V P1Wl.0 Offic hli1d1112_1!ito. 1 Those portions of the nouthenst quarter of the southwest quarter of Section 26, Township 23 North, Range 4 Eant, W. M. in tha City of Ta.wila, County of King, State of Wanhington, nnd of tha northeast quarter of the northwest quarter of :Section 35, Township 23 North, Range 4 East, W. M. in the City of TnWila, County of Xing, Litete of Washington, described as follows: Et:ginning at the northeast corner of said northonst quarter of the northwest fiunrter of 6ection 35; Thtnce V 67°45'57" W along the north line of said nothL: quortex of the northwent quarto:: a distance of 4U1.05 feat to the was margin of Southcentor ParwzAy as establishod in Ning County Auditor's rile No. 6343846; Theneq S 11°5933" N along said west margin a distance of 41.27 foot; . Thence N 87°45 W a distance of 210.00 feet to the true point of beginning; Thence continuing N 07°45'57" W a distence of 19.11 feet; Thence s 42°30 W a distence of 537.51 feet to a point on a line that is 19.5 feet southwesterly of the centerline of a 19 foot wide railroad easement ustablished by instrument recorded under King .County Auditor's File No. 6643574; Thence northerly along a line which is concentric and parallel with said centerline along a curve to the right, the center of which bears N 49°31'03" E having a radius of 429.70 feet an arc distance of 433.55 feet through a central angle of 57°47' 52"; Thence continuing along said parallel line N 16°i8' 55' 3 a distance of 50.03 feet to the south lino of s4:10. Section 26; Thence 8' 970451 5711 E along said south 1:1 4 aiOtan:.0 Of 20,10 feet to the centerline of an indsting railroad easement established by instrument recorded under King County Raceiviftg Vo.7711090221; Thence N 16°10'55" E along said centerline a distance of 164.16 feet; Thence along a curve to the right having a radius of 661.74 feet, an are distance of 164.7 tnzeugh a cer.tr:.:1 iln":fle of 15 Thence N 00 E along said conc:erline a dieteece of 520.93 feet; Thence continning along surd centerline en a curve to the right having a radius of 410.26 feet, an arc distnnce of 239.28 foot through a centrs1 angle of 33°24'54"; Thence Aeaving said centerline, of railroad easement, 6 06.51. 25' N a distance of 34.64 feet; 8007290263 Thence S 01°08 N a distance of l':$6.66 feet; Thence 11 86°40 E a distance of 274.13 feet to the west of senthc..entc: Parlzway as e3tablishud in ping County ;-.utitor' File No. 6343868; Thence southerly along said west ri4trgin en a curve to the left, tics center of which bears N BS°13'08" N having it radius 0 991 feet, an arc distance of 40.00 feet through a central innOe of 02°18 '.:nenon leaving said w..n.;t margin of Seuthnentor Parinlay 5 65° 11 a distance of In200 feet; 11°5f.;''3" n dis:ann 261,67 ijnet: 1.5“0 ) .,;13 • ( t, EXHIBIT A-1 Page 2 81.100ECT TO an easement for ingress and egress described as follows: Dcginning at the northeast corner of said notheast quarter of the nothwost quarter of flection 3c.;, Tc.wnship 23 North, Range 4 East, W. N. in the City of Tukwila, County of King, 0tate of Washington; Thence N 87°45'57" U along the north lino of said northeast ouarter or the northwest quarter a distance of 461.05 feet to the west margin of Southconter Parkway as established in King County 4uditorls rile No G343640; Thence S 11°59 2 along aaid west margin a distance of 41.27 foot; Thence U 67°4557" W a distance of - 210.00 feet to the true of ,inning; Thenro crntinuinci N C7°45 W a astance of 19.11 6 4.2°30!27" 0 a, distance of 215.30 feet; 'acnCe N 11c'59 W a istance of 336.32 feet; Thence U 02°14 2 a distance of 106.30 toet Thenoa 17 11°59 W a distance of 519.06 feet; Thence N 60°51 W a distance of 152,31 feet to the centerline of a railroad easement as described under King County Izceiving No. 7711090221; Thence northerly along said centerline on a curve to the right, th° center of which bears S 09°05 E having a radius of 410,28 feet, an arc distance of 24,01 feet through a central angle of 03°21 Thence leaving said centerline of a railroad easement S 86 25" 2 a distance of 70.05 feet; Thence N 01'300'35" 2 a distance of 196.66 feet to the north line of the above described property; Thence 8 86°51 E along said north line a distance of 20.00 feet; Thence S 01°03'35" U along the east boundary of the above deueribed property a distance of 198.66 fret; Thence N 86°40 E along the north boundary of the above Cescribed property a distance of 274.13 feet to the vest margin of Southcentar Parkway as established in King County 'Auditor's Pilo No. 6343660; Thence southerly along said west margin on a curve to the left, the center of which bears N 65°13 2 having a radius of ' 991 feet, an arc distance of 40.00 feet through a central enrj3n of 02°10'42"; TEen leaving said west margin of 6outhen'te;: Pa,:%way.S 35 1:2c1." alg the north boundary of the above described prvrty a distande of 182,00 feet; 8 1:0'59 E along the oinst boundary of ehe abevo acfheJ pror.rty a distance of 02. 04 feet; 021 0 a dintenca of 2.7„67 Ecot; 'xhnce n 87°45'57° E a diutanee of 1U9.06 feet to the wont rmtrgin of Southeenter Y:arl:way . as established in King County Iniditorts Pile No, 63431167; Thence S 11°59'33" 2 along said west margin a distance of b6.74 feet; 87“-IS;57" U a dintearu of 203.50 feet; c):eoco 02';14'03" 0 a distance of 2563 fat; .'Zner.ee S 1159+33" E a distance of 320.70 feet to the true 'c:'oint of beginning, a. n6n-exclusive easement for ingress and egress, deeribed ,ul ham: 22 Noc:: heN Sr , a EXHIBIT A-1 Page 3 Thence S 07°45'57" E a distance of 19.11 feet; ThenCe N 11°59 W a distance of 25.79 feet; 01 Thence S 87°45'57" E a distance of 210.00 foot to the true O point of beginning. 04 t" SUEYNT TO a water line easement 10 .ifcut in width, having 5 Loot uk said width on each side of the following centerline: CD (;) Beginning at the southeast corner of the southeast quarter. co of the eouthwest quarter of Section 26, Township 23 North, nange 4 East, W. M. in the City of Tukwila, County of King, State of Washington; Thence N 07°45 W along the south line of said southeast quarter of the southwest quarter a distance of 481.05 feet to the west margin of Southcenter Parkway as established in King County Auditor's File No. 6343840; • Thence 14 11°59'33" W along said west margin a distance of 419.58 feet; Thence 8 78°00'27" U a distance of 50.00 feet; Thence 14 11.'459 W a distance of 160.00 feet; Thence S 70°00 W a distance of 190.00 feet; Thence N 11°59'33" W a distance of 160.00 feet; Thence U 01°29'24" E a distance of 154.36 feet to the true point of beginning; Thence S 68°30'52" E a distance of 32.45 feet to the west line of Simon's Restaurant property and the terminus of this easement. SUBJECT TO a sanitary sewer line easement 10 feet in width, having 5 feet of said width on each side of the following described centerline: Beginning at the southeast corner of the southeast quarter of the southwest quarter of Section 26, Township 23 North, ii:n19s; 4 East, W. N. in thc City of Tukwila, County of King, State of 'f4a6hiwAton; °45 U along e4;:ntn line ;outhcast c of the :.loWein;est qua:: a cli4.illance of 1153,39 feet; Thcswe 1: 16'18'16" E a distsce of 194,99 J:cet; . ',t'hanco N 342,°19 E a distance uf 127049 ieut; '4:3 ence 11 04°34a07" 5 a distance of .279094 icet; TI%ence 11 0445 E a distance of 345.42 !cet:to a manhole 'A.nd the true point of beginning; Thence 4.1 65°19c0Eo. E a distance of 158.07 feet; The:lt:o 62°52 E a distance of 26 out to the ucet t3iNo4OU Restaurant prop.z:rty and the tQx6illuzi of tat; City of Tukwila Jack A. Benaroya, Co. 5950 Sixth Ave. So. Seattle, WA 98108 Attn: Joel Benoliel, Gen. Counsel SUBJECT: ZONING AGREEMENT #6557642 Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development 5 August 1980 I have been asked by City Clerk Maxine Anderson to respond to your letter of 30 July 1980 regarding possible city action to set aside the subject agreement. As you may observe in the attached copy of the June 26, 1969 Planning Com- mission Minutes, the stipulations contained in agreement 6557642 are the same as those imposed by the Planning Commission at the time that the Kasperson Property was rezoned. It was the Commission's intent that these conditions remain in force not only during initial development of the site, but through any successive stages of redevelopment. In accordance with TMC Section 18.84, your request to remove the subject agreement from title to the property requires an application for public .hearing before the Planning Commission. An application form for this pur- pose enclosed. Note that the only materials which must accompany filing of the Master Land Development application form are a Certificate of . Ti ti'e, a list of property owners within 300' of the site, and an 8l" x 11" map depicting the property boundary. A one hundred dollar filing fee is also required. At such time as these materials are received, we shall place this matter on the next available Planning Commission agenda. MC /jas Encl. TUKWILA Pl. Ma »IE Caughey Acting Director ING DEPT. Jack A. Benaroya Company 5950 Sixth Avenue South, Seattle, WA 98108 (206) 762 4750 July 30, 1980 .I: Ms. Maxine Anderson City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Re: Release of Property Use and Development Agreement dated July 21, 1969, Parkway Plaza West In the course of obtaining title insurance in connection with financing for our new restaurant buildings, a question has arisen concerning the above Agreement. I enclose a copy of the Agreement which was recorded August 28, 1969 under Auditor's File No. 6557642. Stanley N. Kasperson, as Trustee for the individuals from whom we purchased the subject property, apparently agreed with the City that certain "C -M" development standards would apply, in exchange for which the City agreed to rezone the property to "M -1 ". In the years that followed, this company acquired the land and has developed it together with other adjacent property, including the construction of the Parkway Plaza Office Building, Carriage House Furniture Store, Zach's Restaurant, Simon's Restaurant and Casa Lupita Restaurant (under construction). As part of this development, each building was subject to the approval of the City and its Board of Architectural Review. Each building was built to all City zoning and planning requirements. (In addition, development of the Carriage House required a rezone of a portion of the subject property to "C -2 ".) In each instance, it appears that more stringent development standards were applied than those provided for under the Agreement. It is my opinion that the Agreement is now moot by virtue of the full development of the property,or it should be deemed fully complied with. In either event, our mortgage lender has requested that we obtain the City's release of the Agreement to clear any cloud on the record title pertaining to our compliance with the City's zoning requirements. INDUSTRIAL PARKS /WAREHOUSES /OFFICE BUILDINGS /SHOPPING CENTERS AND SPECIALIZED MERCHANDISE MARTS. Ms. Maxine Anderson July 30, 1980 Page Two Joel Benoliel General Counsel • I have therefore prepared the enclosed form of Release. Please obtain the signatures and return the original to me for recording, or, if you have any questions, please call me. RELEASE The City of Tukwila, a Washington municipal corporation, does hereby release and cancel that certain Property Use and Development Agreement executed July 21, 1969 and recorded in King County, Washington, under Auditor's File No. 6557642. DATED this day of STATE OF WASHINGTON ) COUNTY OF KING ) ss. , 1980. CITY OF TUKWILA By NOTARY PUBLIC in and for the State of Washington, residing at On this day of , 1980, personally appeared before me , to me known to be the of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged to me that was authorized to sign the same on behalf of the City of Tukwila as its free and voluntary act and deed for the uses and purposes mentioned therein. 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. SECTION I. GENERAL DATA 1) APPLICANT'S NAME Jack A. Benaroya Company imLEPt : (206) 762 -4750 2) APPLICANT'S ADDRESS 5950 Sixth South, Seattle zip: 98108 3) PROPERTY OWNER'S NAME same TELEPHONE:( ) 4) PROPERTY OWNER'S ADDRESS same ZIP: 5) LOCATION OF PROJECT: (geographic or legal descrip.) See attached .. l egaMl t; U "• description and site plan. Portion outlined in red is- Subject.of, this application. Includes Parkway Plaza Office Bldg.,'Simon's`; Restaurra Casa Lupita Restaurant and related parking areas. ROLL PAGE: 6) NAME OF PROJECT(OPTIONAL) Parkway Plaza West SECTION II: PROJECT INFORMATION 7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: Partial release of Property Use and Development Agreement dated July 21, 1969, between City of Tukwila and Stanley N. Kasperson, Trustee. 8) DO YOU PROPOSE TO DEVELOP THIS PROJECT IN PHASES? T D NO Project is currently developed or under co tion. 9) PROJECT DATE a. NET ACRES c. PARKING SPACES b. GROSS ACRES d. FLOORS OF CONSTRUCTION e. LOT AREA COVERAGE BLDG. SQ.FT. LANDSCAPE SQ. FT. PAVING SQ. FT. 10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 10 %? O YES I:10 11) EXISTING ZONING 12. EXISTING CCMP.PLAN 13) IS 'THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION OYES El NO ON THE CITY'S ENVIRO14ENTAL BASE MAP? 14) IF YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS, OR OTHER DOCUMENTS SENT TO ADDRESSES OTHER THAN APPLICANT OR PROPERTY OWNER, PLEASE INDICATE BELOW. a. NAME: b. NAME: ADDRESS: ADDRESS: SECTION III: APPLICANT'S AFFIDAVIT I, Joel Benoliel , being duly sworn, declare that I am the secretary f J contract purchaser or owner of the property involved in this application and Ben a ro 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. Subscribed and sworn before me this . 15th day of Sept. , 19 80. Notaiy''ublic.in and for the -State of Washington Tesiding ,at- Seattle SECTION IV: SUPPORTING MATERIAL REQUIREMENTS NOTE: All applications require certain supporting documents and information which are described in the following table: i TYPE OF APPLICATION (CHECK BOX(ES)) SUPPORTING INFORMATION REQUIRED REZONING 1E,:2, 3, 4, 5, 7, 11' CONDITIONAL USE PERMIT 1C, 3, 4, 5, 7, 11 VARIANCE 1F, 4,. 7, 11,or 17 COMPREHENSIVE PLAN AMENDMENT 1D, 3, 4, 5, 7, 11', 12 SHORELINE NWT. PERMIT 1B, 3, 4, 5, 7, 10, 11, 13 SHORELINE MGMT PERMIT REVISION 4, 10, 16 WAIVER IA, 3, 4, 11, 12,.13 SHORT PLAT . 4, 5, 9 BINDING SITE DMPROVEMFNT PLAN 4, 5, 8 ARCHITECTURAL REVIEW • 11, 12, 13 LANDSCAPE REVIEW 14 SUBDIVISION 4, 5, 6, 15 • SIGN VARIANCE 4, 6, 16, -17 * *See TABLE 1 for detailed description . . ck A. a Co., 6557642 • .. • cv • .8 • •II ••• • • • I • t • • 1 • a• • .. ▪ '• •�• ••• • • • •.1, •- ▪ •�' AUG 28 1969 • • • ♦ M • • - 0 • .. . .. \zi 4.1 . N .... ••••,••••••• 1.:.::a.,:; • ••.•; •..:t. • .. • • • •••t Y!,•< :. • ........ 1 7;:r.; •• 4,40.6.. • 1.• • •1 t.• • z `) • • • • • . Y • • • .. • • • • • • • • • ••••••••••• • • • • { • . • • . • • • • • • • .?; •• • • • • • . •• • • Stan cMinkler, Mayor CITY OF TUKWILA WASHINGTON 98067 Minutes of the meeting, June 26, 1969. PLANNING COMMISSION Alvin B. Harrison, Chairman Ronald F. Mettler, Vice - Chairman Helen B. Nelsen, Secretary The meeting of the Tukwila Planning Commission recessed from June 19, 1969 and reconvened on June 26th at 8:30 P.M. Present were members Mr. Harrison, Mr. Crostick, Mr. Mettler, Mr. Johanson Mrs. Davis, and Miss Nelsen. The following items of business were considered: 1. Recessed request for rezone of Kasperson property. Mr. Iverson presented a list of protective restrictive covenants which the developer will voluntarily abide by as a condition of the rezone. The Planning Commission discussed, modified and amended the conditions covering the M -1 zoning pertaining to set - backs, parking, landscaping, storage and architectural control. (a) Parking - It was suggested by Mr. Baker that the City adopt an ordinance restricting on- street parking from Southcenter Boulevard to the south City limits. Mayor Minkier offered to take this problem up with the Council. (b) Landscaping - After discussion it was suggested that the City include "rubbish, debris, etc." in the City's Nuisance Ordinance since the City would be at a disadvantage to enforce the covenants. (c) Storage - Mr. Harrison questioned what screening requirements should be imposed on this rezone. Mr. Crostick suggested that the Planning Commission revise the M -1 zoning requirements and set aside rezone request pending further Planning Commission work. Mr. Baker pointed out that delay could damage potential M -1 development. Mr. Crostick agreed but observed that any successors to the present developers would not be bound unless so stipulated in M -1 Zoning Ordinance. Mr. Crostick moved, seconded by Miss Nelsen, that action on the rezone request be postponed pending further study on Industrial Zoning. Mrs. Davis said she felt that enough progress had been made on M -1 revision and that the Planning Commission could still agree to acceptable requirements Miss Nelsen withdrew her second to the motion and Mr. Crostick withdrew his motion. Discussion on signing followed. A revision of the suggested M -1 requirements as presented by Mr. Iverson was agreed upon. Mr. Crostick moved, Mr. Johanson seconded, that the Planning Commission recommend to the City Council that the request for rezone from R -1 to M -1 by Mr. Kasperson of the property described by the attached legal description (to be made a part of the minutes) be approved subject to the attached conditions as follows: 1. Setbacks - 15 feet on front and side yards, and 5 feet on rear yards. 2. Parking - Paved area, with a minimum of one stall per 1000 square feet of building, or one stall for every two employees or visitors, which- ever shall be greater. Parking shall not be permitted on public. ways. 3. Landscaping - As sites are developed, it shall be required that the 15 feet adjacent to the curb on Southcenter Parkway be landscaped, and all of the remaining portion of said site not covered by build- ing or paved parking shall have a ground cover or landscaping to prevent wind and water erosion of the earth; the design of the landscaping and ground cover shall conform to similar standards as adopted for Southcenter Industrial Park. All areas shall be maintained in a neat and orderly manner.to complement the park- like standards achieved by adjacent CM development. Meeting adjorned at 10:45 P.M. Page 2. 4. Storage - If storage is not confined to the west part of the site, and behind a building, then said storage area shall have a slotted screening fence or densely planted landscape at least 10 feet high; any storage not to exceed an average of 10 feet in height. 5. Architectural Control - The architectural control requirements of CM use area shall apply, along with the signing` covenants applicable in Andover Industrial Park. 2. The landscaping plans approved by the A.C.C. at their 6 -12 -69 meeting. It was moved by Mr. Crostick, seconded by Mrs. Davis, that the before mentioned landscaping plans be approved subject to the restrictions as noted by A.C.C. and the reviewed by the appropriate City official. Motion carried. Mabel J. Harris, Secretary Stan D. Minkler, Mayor CITY OF T U KW I LA WASHINGTON 98067 PLANNING COMMISSION Alvin B. Harrison, Chairmon Ronald F. Mett V ice- Chairman Charles Eastwood, secretory Parcel A That portion of the Southeast 4 of the Southwest 4 of Section 26, Township 23 North, Range 4 East 14.M., described as follows: Beginning at the Southwest corner of said putheast 4 of the Southwest 4 of Section 26; thence North 00 50'36" East along the West line of said Southeast 4 of the Southwest 4 a distance of 819.01 feet; thence North 85 ° 08'34" East a distance of 160.64 feet; thence North 40 10 East a distance of 75.97 feet; thence North 76018 East a distance of 50.90 feet; thence North 64 58" East a distance of 181.90 feet; thence North 76 East a distance of 130.27 feet; thence South 86 ° 33'41" East a distance of 81.41 feet to the Westerly margin 57th Avenue South; thence South 01 08'35" Nest along said Westerly margin a distance of 0.89 feet; thence Southerly along said westerly margin and along a curve to the left having a radius of 985.3g feet, an arc distance o2 feet through a central angle of 13 08'08 "; thence South 11 59 East along said Westerly margin a distance of 832.10 feet to the South line of said Southeast 4 of the Southwest y:; thence North 87 ° 45 "57" West laong the South line of said Southeast 4 of the Southwest a distLnce of 837.29 feet to.the true beginning; EXCEPT that portion deeded th the City of Tukwila under Auditors File #6343862, #6343 6343865,6343 6343867. Parcel B That• portion of the Northeast 4 of the Northwest 3; of Section 35,Town— ship 23, Range 4 East TJ.M., described as follows: Beginning at the Northwest corner of the Northeast ?; of the Northwest 4 of said section 35; thence South 87 45'57" Last along the North line , of said Northeast 4 of the Northwest 1 a distance of 837.29 feet to the Uesterly margin of 57th Avenue South; thence South 11 ° 59'33" East along said Westerly margin a distance of 1007.07 feeta t North 87 ° 45'57" West a distance of 344.58 feet; thence North 52'44'03" West a distance of 900.00 feet to the West line of said Northwest 4f thence North 01, 49' 41" East along the West line of said Northeast ti of the Northwest 4 a distance of 459.57 feet to the true point. beginning; EXCEPT that portion deeded to the City of Tukwila under under Auditors File #6343846, 6343847, & 6343848, situate in the City of Tukwila, County of King, State of Washington.