Loading...
HomeMy WebLinkAboutPermit 80-41-W - MCNAMARA - MCMICKEN HEIGHTS CONDOMINIUMS SENSITIVE AREA WAIVER80-41-w MCNAMARA MCMICKEN HEIGHTS SENSITIVE AREA WAIVER TUKWILA CITY COUNCIL, REGULAR MEETING November 17, 1980 Page 6 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS - Cont. Final Waiver request for Bestway Truck Terminal (cont.) RESOLUTION #769 - Authorizing the Mayor to execute supplemental E.I.M.A. (Bestway) Waiver Request McNamara Condominiums McMicken Heights WAIVER improper circumstances on the part of the requestee. PHELPS -NO SAUL -NO VAN DUSEN -NO *MOTION FAILED; 4 - NO; 3 - YES. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT COUNCIL RECONSIDER THE ORIGINAL MOTION. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL APPROVE THE APPLICATION FOR FINAL WAIVER.* MOVED BY SAUL, SECONDED BY BOHRER, THAT THE MOTION BE AMENDED TO ELIMINATE SECTION I OF THE SUPPLEMENT TO ENVIRONMENTAL IMPACT MITIGATION AGREEMENT AND HAVE THE CITY ATTORNEY REWRITE SECTION II TO MAKE IT COMPLY WITH THE EXISTING NOISE ORDINANCE. ** Mr. Walsh clarified the motion -- eliminate Section I and change Section II to apply to the Noise Ordinance. He said Council is applying a penalty under the Noise Ordinance on them that is not being applied to other truck terminals in the area. Attorney Hard noted that the Conditional Use Permit comes up for annual review before the Planning Commission. If there is a violation of the Noise Ordinance, it should be brought to them. ROLL CALL VOTE: BOHRER -. YES HARRIS - YES HILL - NO JOHANSON - YES PHELPS - NO SAUL - YES VAN DUSEN - NO * *MOTION CARRIED; 4 - YES; 3 - NO . *MOTION CARRIED WITH BOHRER VOTING NO. Councilman Bohrer stated that he considers the Council's vote invalid until the agreement is signed by Bestway. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution of the City of Tukwila, Washington, authorizing the Mayor to execute a supplement to the environmental impact mitigation agreement under City File EPIC - 133 -80. MOVED BY SAUL, SECONDED BY HILL, THAT RESOLUTION NO. 769 BE ADOPTED AS READ.* MOVED BY BOHRER, SECONDED BY SAUL, THAT THE RESOLUTION BE AMENDED TO READ "TO CONTROL NOISE RELATED TO TRUCK TRAFFIC." MOTION CARRIED. *MOTION CARRIED AS AMENDED. Mr. Lyle Kussman; 2367 East Lake East, Seattle; architect for McNamara introduced himself and offered to answer any questions. Mrs. Elanor McLester, 5118 South 164th, said the majority of the home owners on the McMicken Hill have come before the Council time and time again to prevent the building of any apartments on their side of Tukwila. They were at the meeting TUKWILA CITY COUNCIL, REGI( 1 MEETING November 17, 1980 Page 7 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS - Cont. Waiver Request again to protest a development. Look at the developments already McNamara built and you can see the difference in what a developer promises Condominiums, and what they produce. When is this going to end? When is the McMicken Council going to adopt a Comprehensive Plan? When are we going Heights to feel that the people at City Hall are protecting our interests (cont.) on the hill? We don't want this kind of thing in our area of town. Criteria #1 *MOTION FAILED. Councilman Bohrer commented that the end of the process is in sight. Council should be reviewing the proposed zoning ordi- nance early in 1981. Mrs. Ethel Mae Cole, 16030 -51st Ave. So., asked what Council is going to do prior to adoption of the Comprehensive Plan. Mayor Todd noted that reference is to the zoning ordinance not the Comprehensive Plan which has already been adopted. Mrs. Cole asked Council to listen to the people on the hill. As soon as condominiums are built on the hill the taxes will go up and the value of single family residence will go down. Mr. Ernie Onorati, 5102 So. 163rd Place, gave Council a brief description of the proposals for development of sites in the McMicken area starting back in 1956. The people were there to oppose each of the proposals. The people do not want apart- ments. Why does this have to continue to come up? Mayor Todd said any property owner has the privilege of asking for consideration of a development at any time. This is our way of life. Mr. Onorati said Council knows what the people of his area want so now it is in Council's hands to vote in favor of the citizens. Mr. Thomas Lawrence, 16010 -51st Ave. So., noted that we all have a voice and we all have a vote. There are those who own land and want land and want to make money and those who own land and want to preserve the peace and tranquility on the hill. This is the American way. Our area is a relatively calm area; now, somebody wants to make money. We have a moral responsi- bility to preserve the tranquility of the hill as it now exists. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA NO. 1 - -Does the proposed action represent a unique condition ?* Councilman Bohrer noted the proposed action is not unique because there are other properties in the surrounding area that have similar zoning and there have been other similar proposals. ROLL CALL VOTE: PHELPS - NO JOHANSON - NO HARRIS - NO BOHRER - NO SAUL - NO VAN DUSEN - NO, density level gives little recognition to the HILL - NO environmental amenities. Criteria #2 MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA NO. 2 - -Is the proposed action significant in scale ?* Councilman Harris commented that it is significant in scale. There are almost twice as many units requested as originally TUKWILA CITY COUNCIL, REGUJ-AR MEETING November 17, 1980 Page 8 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS - Cont. Waiver Request McNamara Condominiums, McMicken Heights (cont.) Criteria #3 Criteria #4 Criteria #5 when the proposal was presented. Councilman Johanson said this would be the first major impact in that area of multiple dwellings. Councilman Bohrer said it is significant in that it represents a substantial portion of the land in that area which currently has similar zoning but is also currently under single family designation in the Comprehensive Plan. ROLL CALL VOTE: JOHANSON - YES HARRIS - YES BOHRER - YES SAUL - YES VAN DUSEN - YES, because of intensive environmental modifications of the site. - YES - YES HILL PHELPS * MOTION CARRIED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA NO. 3 - -Has the applicant shown that no reasonable alternatives are available which would not require a waiver ?* ROLL CALL VOTE: HARRIS - BOHRER - SAUL - VAN DUSEN - HILL PHELPS JOHANSON *MOTION FAILED. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA NO. 4 - -If the request for waiver involves building, grading, clearing, excavation, or filling in a geographical area generally identified by the environmental base map as an area of high natural amenity or development constraint are sufficient mitigating measures provided ?* Councilman Bohrer noted that the applicant's response is that site impact will be kept to a minimum. ROLL CALL VOTE: HARRIS - BOHRER SAUL - VAN DUSEN - HILL - PHELPS - JOHANSON - *MOTION FAILED. C ) NO NO, application does not indicate that the ap- plicant has addressed this subject. There are reasonable alternatives. N/A N/A N/A N/A NO, they have not shown any alternatives. YES NO, do not believe adequate mitigating measures have been provided; in fact, none have been provided. NO NO, stability problems have been demonstrated in that area. NO NO NO MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL VOTE YES ON CRITERIA NO. 5 - -Is the request for waiver consistent with the goals and . policies of the comprehensive land use policy plan ?* IUl;W':LA CITY COUNCIL, REGU 1 . MEETING November 17, 1980 Page 9 PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS - Cont. Waiver Request McNamara Condo- miniums, McMicken Heights (cont.) Criteria #6 Criteria #7 RECESS: 9:26 P.M.- 9:35 P.M. ROLL CALL VOTE: SAUL - NO VAN DUSEN - NO HILL - NO PHELPS - NO JOHANSON - NO HARRIS - NO BOHRER - NO, based on *MOTION FAILED. MOVED BY SAUL, SECONDED BY HARRIS, THAT COUNCIL VOTE YES ON CRITERIA NO. 6 - -Do the requirements of this waiver ordinance impose a special hardship to this site ?* ROLL CALL VOTE: VAN DUSEN - HILL - PHELPS - JOHANSON - HARRIS BOHRER SAUL *MOTION FAILED. ROLL CALL VOTE: HILL - YES PHELPS - YES JOHANSON - YES HARRIS - YES BOHRER - YES SAUL - YES VAN DUSEN - YES *MOTION CARRIED. *MOTION FAILED staff's analysis. YES, there is some constraint on this development. NO YES NO, applicant's response is that it can't be developed in any other way. YES NO, there are other properties with similar problems. NO MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT COUNCIL VOTE YES ON CRITERIA NO. 7- -Would a grant of the waiver necessitate a major policy commitment prior to the adoption of the new zoning ord- inance and map ?* MOVED BY SAUL, SECONDED BY HILL, THAT THE PRELIMINARY WAIVER IS APPROVED AS SUBMITTED.* Councilman Bohrer noted that the votes on the seven criteria were: One is not applicable, and on the remaining six, the Council vote indicated that they would fail this proposal and it was unanimous on all six of them. Mr. Dick Goe suggested that, based on the information on the application form for waiver, the applicant has not given full consideration to the necessities of the planning for that parti- cular piece of property, nor have they given full consideration to the impact of many other items that need to be considered. Since the applicant has not deemed it necessary to come before Council fully prepared with information about the property, your action to refuse the waiver would be in the best interest of the community. Council declared a recess. Mayor Todd called the regular meeting back to order with Council Members present as previously reported. AGENDA ITEM INTRODUCTION The applicants are requesting approval of a preliminary waiver from the provisions of Ordinance 1137 in order to construct 54 condominium units on 2.7 ± acres in McMicken Heights. The waiver action is necessary for two reasons: - Inconsistency Between Comprehensive Land Use Plan Category and Existing Zoning Classification: At this time, the property is zoned "RMH" (multiple - residential high density). However, the property appears on the Comprehen- sive Plan Land Use Map as "low- density residential" at a maximum density of 5.0 D.U. /acre. Ordinance 1137 requires that develop- ment proposals must either conform to the Comprehensive Plan or that a waiver from the use restrictions of the Comprehensive Plan be granted. CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT (80 -41 -W) MCNAMARA CONDOMINIUMS - Project Site is an Identified Area of Environmental Sensitivity: The Compre- hensive Plan Environmental Base Map indicates that this site warrants special analysis of the following factors: a) Vegetation Cover - The site contains many large, healthy trees, occuring as individual specimens or in groves at the south and east edges of the site. The Environmental Base Map depicts this site as a major wooded area characteristic of the City's valley wall. Page 2 b) Geologic Conditions - The underlying geological structure of the site is questioned in the Environmental Base Map due to potential instability. Figure I -2 (Geology) in the City's data inventory booklet labels the underlying geology of the site as "Lacostrine Deposits" which tend to be seismically unstable. Your council may recall a previous waiver application on this site by Mr. McNamara in May of 1979. That proposal for 11 triplex units (12 D.U. /Ac.) was denied after council review. The record indicates a variety of reasons for the previous waiver's failure, among them density and consistency with the Comprehensive Plan designation of McMicken Heights as a single family area. ANALYSIS Waiver Criterium #1 -- Applicant's Response: Staff Response: Waiver Criterium #2 -- Applicant's Response: Staff Response: C. C Does the proposal represent a unique condition? (From Schedule "A ", Question 3) "A condominium development would allow minimum. coverage by buildings and paving and a• maximum of open space." The proposed project is unique in that it would represent the first intensification of the resi- dential land use intensity pattern of McMicken Heights, if this waiver is approved. The pro- ject is not unique, however, in terms of design approach. Extensive disturbance of the site is indicated by the cross - section illustrating cuts and fills. Natural land form will be modified to a "terraced" contour. It appears that the conventional building techniques proposed at this density level give little recognition to the unique environmental amenities present on the property. Is the proposed action significant in scale? (From Schedule "A ", Question 4) "No. Project meets requirements set forth in RMH zone." Due to the number of units proposed and the extensive environmental modification of the site implied in the conceptual design layout, the project is significant in scale. The pro- ject scale is also significant relative to the existing low- density character of McMicken Heights. Page 3 Waiver Criterium #3 -- Has the applicant shown that no reasonable alternatives are available which would not require a waiver? The applicants were not asked to prepare alternative site plans, insofar as any development alternative exceeding 5 D.U. /Ac. would necessitate waiver approval. Further, site development at any density level would undoubtedly affect sensitive environmental factors. We conclude, therefore, that this criterium is not appli- cable to the present application. Other development alternatives under RMH zoning are available, however, which would present a lesser impact on site environment, and would provide for a less- abrupt transition of building intensity in McMicken Heights. These alternatives include fewer dwelling units (the 1979 McNamara application discussed above was judged too intensive at 33 units), and "clustering" development activity to one sub -area of the site leaving the rest relatively undisturbed to maintain natural valley wall amenities. Waiver Criterium #4 -- If the request for waiver involves building, grading, clearing, excavation, or filling in a geographical area generally identified by the environmental base map as an area of high natural amenity or development constraint, are sufficient mitigating measures provided? (From Schedule "A ", Question 5) "Site'impact will be kept to a minimum." We believe that the applicant's response begs the question. The project is located in an area where stability of the subsurface geology is questionable and must be investigated prior to construction. How- ever, a soils study completed in 1969 for the nearby Schmidt property which has many of the same underlying geologic characteristics suggested that actual stability problems, if any, can be overcome in the structural design of the foundation and building frame. Further, the applicants are ignoring the extent to which the character of the site would change due to extensive vegetation removal and site grading. We suggest that future topics for discussion, if the waiver is approved, include connection of the project with adjoining Tukwila Trail #9, visual buffering of the site from Klickitat drive and the Tukwila valley floor, control of easterly view disruption from the city park on South 158th Street, and investigation of other than conventional construction approaches to mini- mize site coverage and land surface disturbance. Noise control within the dwelling units themselves as a function of proximity to the I -5/405 corridors should also be studied. Applicant's Response: Staff Response: Waiver Criterium #5 -- Is the request for waiver consistent with the goals and policies of the Comprehensive Land Use Policy Plan? Page 4 Applicant's Response: Staff Response: NATURAL ENVIRONMENT Objective 1, Policy 1: Objective 2, Policy 1: Objective 3, Policy 3: Objective 6, Policy 1: RESIDENCE f See attached analysis of Comprehensive Plan Policy. Generally speaking, staff finds that the proposed pro- ject is not consistent with the Comprehensive Plan's environmental objectives, and that it is marginally consistent with housing policy. This situation, how- ever, is not the fault of the applicant nor of his pro- ject design, but results from the absence of a clearly - defined city council policy on intensity of land use for those properties in McMicken Heights currently zoned "RMH." The discrepancy between high - density zoning and the low- density long -range plan has existed for several years, and has resulted in some bewilder- ment for land owners and city officials alike. "Maintain the wooded character of the steep slopes and upland plateau..." "Strive to retain viable areas of wooded hillsides, agricultural lands, wet lands, streams, and the Green River for wildlife habitat." "Preserve and promote the quality of natural landform." "Discourage development in area where slopes are known to be unstable. In areas where the stability of slopes is questionable, allow development only after a qualified propfessiona,l can demonstrate that slopes will be stable even after site modification." The foregoing policies appear to be areas of environmental conflict. Objective 2, Policy 1: Provide for medium density "transition areas" between high and low density use areas. Although multiple- family developments are residential in nature, they represent a more intensive use of the land and have environmental impacts much like commer- cial or industrial products (i.e. Traffic,Noise). As such, dense multiple - family developments juxtaposed with single - family residences are incompatible. The intention of this policy is to establish a transi Page 5 Waiver Criterium #6 -- Applicant's Response: Staff Response: c tion area or zone where density of residential dev- elopment gradually diminishes as one approaches a single- family use area. In the present case,a smooth transition between the established single - family neighborhood in McMicken Heights and the intensive valley floor uses such as the freeway corridors -and' Southcenter Mall is not evident. We find-that the project conforms to the comprehensive plan policies which encourage development of diversified housing opportunity in the community and owner - occupied multi - family units. Do the requirements of this waiver ordinance impose a special hardship to this site? (From Schedule A, Question 7) "The site cannot be developed as it is now zoned" Staff concurs with the applicant's assertion that development under RMH zoning is constrained by the waiver process. Waiver Criterium #7 -- Would a grant of the waiver necessitate a major policy commitment prior to the adoption of the new zoning ordinance and map? Staff contends that approval of the waiver action as requested will commit the presently -zoned RMH properties in McMicken Heights to an intensive development pattern not anticipated in the Comp. Plan. Very soon, your council will receive the Planning Commission's recommended text for the new Zoning Ordinance and new Zoning Map. The commission's recommendation is to create R -1 zoning in the McMicken area, consistent with the comprehensive plan. You may also recall that the commission, during formation of the comprehensive plan, recommended medium density land use classification for "RMH" properties in that area. Clearly, approval of the present waiver request will indicate a significant shift in land use policy for the McMicken Heights neighborhood. Recommendation As we see it, three alternative decisions may be made by Council on this matter: A) Deny the waiver application as presented B) Approve the waiver application with the stipulation that such approval is only an authorization to proceed with environmental analysis and Board of Architectural Review; no endorsement of the project layout or proposed density is implied by such approval action. C) Take no action on the application pending forthcoming review of The New Zoning Ordinance text and map as recommended by The Planning Commission. Page 6 c We believe that The Planning Commission's two year effort to complete a recom- mended new zoning ordinance text and map will be transmitted formally to your council within the next 30 days. Therefore, we favor alternative "C" above. We encourage The Council to withold a decision on this application until you have . the opportunity to study the new zoning documents. You will then be in a better position to judge the matter of establishing land use intensity for the McMicken Heights sub -area in light of land use controls suggested for the community as a whole. If you wish to take action at this time, alternative "6" above will allow the applicants to undertake a detailed environmental impact investigation, but without any assurance that the project will ultimately be endorsed. Final decision on the design, density and impact mitigation aspects of the project would be left to Council at the final waiver stage of the approval process, and could possibly result in denial of development permits. WILLIAM S. ISM) & CO., P. S. ENGINEERS & ARCHITECTS 2307 EASTLAKE AVENUE EAST SWILL WASHINGTON $0107 USA 17001 7710700 n 0 Z yr • I.,,,., TUH:WRJ, �d Ur�IT GONDOMIUM MaE:AMA.ZA R I■VF- A frM!l4T to RAf7Y IN. WILLIAM S. TSAO & CO., P. S. ENGINEERS & ARCHITECTS 2317 EASTLAKE AVENUE EAST SEATTLE. WASHINGTON 11102 USA 12051 321 5710 A. 6 I n.0• 54 LA4IT GOt�IflOMINIUM N.NA4 -1.24A4 R 6 IWE- /TM Go. tUKWI� 41w4,(.41016) WILLIAM S. TSAO & CO., P. S. ENGINEERS & ARCHITECTS 2382 EASTLAKE AVENUE EAST SEATTLE. WASHINGTON 86102 USA 12061 3216160 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. Michele Spaulding oath, deposes and says that . she. is the ( h•i'...01 .e.rk of THE DAILY RECORD CHRONICLE, a newspaper published six (6) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a newspaper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to -wit, King County, Washington. That the annexed is a NQti.ce..Qf... eating T1607 as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of 1 consecutive issues, commencing on the 31.. day of October ,19.$Q...., 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 $ 10.94- 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 f i r each subseque t insertion. V.P.C. Form No. 87 Rev. 7 -79 being first duly sworn on Chief Cl =rk Subscribed and sworn to before me this 6 day of ....N5?.i. KO? ors, ., 19 8 Notary Public in and for the State of Washington, residing u a King County. — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. - AK':F�• v 'I::aci �•�. na:..,, �,i�b.3 W,� le • t i ` s. - .• YM...�.i. y `�J�v`��y'i"Y r11tS•t k {Y:: fs mak 206/324.8780 WILLIA.M S. TSAO c&., COMPANY PS. Engineers & Architects Lyle N. Kussman, Architect 2367 Eastlake Avenue E. • Seattle, Washington 98102 ANALYSIS OF RELATIONSHIP OF THE PROPOSED WAIVER TO EXISTING COMPREHENSIVE LAND USE PLAN The 54 unit condominium project for Mr. McNamara is proposed for a site zoned RMH (Multiple Residence High Density) but shown on the Comprehensive Land Use Plan as Low Density Residential. The project however does comply with the goals set forth in the Plan. The element goals which apply to this project are (1) Natural Environment and (3) Residence. (1) NATURAL ENVIRONMENT Objective 1, Policy 1: Although the site has several small and medium size trees, the ground cover is mostly underbrush, blackberry bushes and some large shrubs. The underbrush and blackberry bushes will be cleared and replaced with ground cover and additional tress will be planted. Objective 1, Policy 2: The ground covers and trees to be planted will be live vegetation. Objective 1, Policy 3: A building permit will be obtained before clearing is done. Areas within the site that will not be used for buildings or parking will be undisturbed except for clearing of underbrush where required. Objective 1, Policy 4: N/A Objective 2, Policy 1: The site has few trees. As many trees as possible will be saved and additional trees will be planted. Objective 3, Policy 1: The majority of the building and parking sites are on areas of less than 10% slope. A portion of one building is in an area of 16% slope and a portion of another building a little over 20% slope. These two buildings take advantage of the slope to limit building height seen from single family areas. Objective 3, Policy 2: The project takes advantage of the topog- raphy so that from the street only the rooftops of the two closest buildings are seen and so that surrounding residential development has its views preserved. Objective 3, Policy 3: Although some cut and fill will be required by the project, unit and building types have been designed to take advantage of the slope and minimize cut and fill, e.g. stacked townhouses having separate entrances at opposite sides of building on different levels. Objective 3, Policy 4: Filling, grading and excavation will not be started until building permits have been obtained. Objective 4, Policy 1: N/A Objective 4, Policy 2: N/A Objective 4, Policy 3: N/A Objective 4, Policy 4: N/A Objective 5, Policy 1: N/A Objective 6, Policy 1: Soils study will be done if required. From field observation and soils report of property across the street from site, indications are that the land is stable. Objective 6, Policy 2: N/A Objective 7: N/A Objective 8: The environmental base map has two factors indicated for the site, one of which is for only a portion of the site. These factors are vegetation cover and geologic stability. The vegetation on site is small and medium size trees with underbrush, blackberry bushes and some large shrubs. The underbrush and blackberry bushes will be cleared and replaced with ground cover and additional trees in areas of the site that will be undeveloped. Trees and shrubs will be saved where possible. A soils study will be done if required for the site, but field observation and the soils report on the property across the street give indications that the land is stable. (3) RESIDENCE Section 1: Neighborhood Objectives and Policies Objective 1: N/A Objective 2, Policy 1: The proposed project of 54 units has been broken into five separate buildings varying in height from two to four stories in order to bring the project into a scale compatible to a transition area between single family to the west and the freeway and Southcenter to the east. The present zoning allows for approximately 195 units on the site and could possibly allow a building over 150 feet high. The proposal is a definite transition between single family and high density residential. Objective 2, Policy 2: The site is 1/2 block from a collector arterial in an area that is not widely developed. Objective 2, Policy 3: The project has been broken up into five buildings following the topography of the site. Limiting the height of the buildings to a maximum of four stories, placing the taller buildings downhill and locating even the lower buildings downhill of the street diminishes the scale, size, and obstructed views from single family areas. The vehicular access to the site has been limited to one driveway in order to minimize traffic hazards. Objective 3, Policy 1: Retention of the significant vegetation within the site as well as using additional landscaping and other noise barriers will protect the area from high noise levels. Objective 3, Policy 2: N/A Objective 3, Policy 3: The project will have underground utilites, paths, and landscaping within the site. Objective 3, Policy 4: During construction the site will be cleared of the blackberry bushes and planted with low maintenance ground cover as well as additional landscaping. The condominium's home owner association will be responsible to maintain the site. Objective 3, Policy 5: The site plan follows the parking requirement of the RMH zone requiring 3 parking spaces for every two units. In order to limit the amount of impervious surfaces, parking greater than that ratio was not planned although there is room in the land- scape areas. Objective 3, Policy 6: Pathways will be developed within the site. Objective 3, Policy 7: Some units will have their own yards and several on -site areas are of a size and away from parking that can be used for passive recreation. Objective 3, Policy 8: N/A Section 2: Housing Objectives and Policies Objective 1, Policy 1: The project has divided the 54 units into five buildings in three different configurations. The units are a combination of townhouses and flats and buildings vary in height and number of units. Objective 1, Policy 2: The project is multi family condominiums. Objective 1, Policy 3: N/A Objective 2, Policy 1: N/A Objective 2, Policy 2: N/A Objective 2, Policy 3: Energy and sound insulation will be used in exterior walls of the building as well as between units. Objective 2, Policy 4: N/A Objective 3, Policy 1: N/A Objective 3, Policy 2: N/A Objective 4, Policy 1: The project has been divided into five smaller buildings. Each unit has its own individual exterior entrance and windows will be placed to allow observation into individually defined private spaces. Objective 4, Policy 2: By not using an interior common corridor, the project eliminates a common space that is hard to monitor. Each unit has windows placed to allow observation of the parking and common areas. Objective 4, Policy 3: Exterior lighting will be used on pathways, in parking areas and for the exterior entrances to provide for the safety and security of residents and their guests. 4 Objective 4, Policy 4: This design has been based on principals expressed in Oscar Newman's Defensible Space. W11JLL ZA & COIVE.P.A111 i . Engineers & Architects Lyle N. Kussman, Architect 2367 Eastlake Avenue E. • Seattle, Washington 98102 LEGAL DESCRIPTION 54 Unit Condominium LOT 9 BROOKVALE GARDEN. TRACTS LESS BEGINNING 330 FEET WEST OF N.E. CORNER; THENCE SOUTH TO S.E. CORNER; THENCE WEST 170 FEET TO POINT ON CURVE WHERE RADIUS BEARS SOUTH 89 59' 24" WEST; THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE TO LEFT WITH RADIUS OF 382.47 FEET TO POINT 50 • FEET SOUTH OF NORTH LINE SAID TRACT AND 300 FEET • WEST OF EAST LINE; THENCE NORTHWESTERLY IN STRAIGHT LINE TO BEGINNING LESS SOUTH 30 FEET LESS STATE HIGHWAY. 206/324.8780 MASTER LAND DEVELOPMENT APPLICATION FORM _( SUPPLEMENTARY QUESTIONAIRE Schedule A WAIVER APPLICATION 1. State specifically the action in Ordinance No. 1137 to which you are requesting a waiver: Request to develop property that is environmentally critical area sensitive area. 2. Briefly and generally describe the project you are proposing: 5 4 unit condominium consisting of 34 Townhouse units, 20 Flats all in 5 buildings with parking for 81 cars. 3. Is your project unique in terms of design, land use or benefit to the Tukwila community? Yes, a condominium development would allow minimum coverage by buildings and paving and a maximum of open space. 4. Is your project significant in scale? No. It meets requirements set forth for RMH zone. S. If the request for waiver involves building, grading, clearing, excava- tion, or filling in an environmentally - sensitive area, what mitigating solutions do you propose to offset the impact of such activities? Site impact will be kept to a minimum. 6. What goals and policies can you identify which support your request for waiver, if any? Even though the comprehensive plan calls the site area R -1, it is zoned RMH. 7. In your opinion, do the requirements of waiver ordinance 1137 impose a hardship on the use and development of this site? Yes, the site cannot be developed as it is now zoned. MASTER LAND DEVELOPMENT APPLICATION FORM gear 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 NAMEWm . S. Tsao & Co., F F. LEPHONE P06) 324 -8780 2) APPLICANT'S ADDRESS 2367 Eastlake Ave. E. ZIp : Seattle, WA 98102 3) PROPERTY OWNER'S NAME Edward F. McNamart . (206) 285 -6646 4) PROPERTY OWNER'S ADDRESS 1600 Dexter Ave. N. ZIP: 98109 Seattle, WA Suite 1 5) LOCATION OF PROJECT: (geographic or legal descrip.) 6) NAME OF PROJECT(OPTIONAL) SEE ATTACHED SHEET KROLL PAGE: 344 SECTION II: PROJECT INFORMATION 7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: 54 unit condominium consisting of 34 Townhouse units, 20 Flats, all in 5 buildings with required parking area (s) . 8) DO YOU PROPOSE TO DEVELOP 'THIS PROJECT IN PHASES? YES ONO 9) PROJECT DATE a. NET ACRES 2.69 '- c. PARKING SPACES 81 b. GROSS ACRES 2 d. FLOORS OF CONSTRUCTION 2 to 4 e. LOT AREA COVERAGE BLDG 27, 280SQ,FT LANDsCApE 58,305 PAVING 31 , 625 SQ. FT. 10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 10 %? ' 0 YES ONO 11) EXISTING TONING RMH 12. EXISTING CCMP.PLAN R -1 13) IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION [YES ONO ON THE CITY'S ENVIRONMENTAL BASE MAP? 14) IF YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS, OR OTHER DOCUMENTS SENT TO ADDRESSES OTHER THAN APPLICANT OR PROPERTY OWNER, PLEASE INDICATE BELOW. a. NAME: b. NAME: ADDRESS: ADDRESS: SQ. FT. SECTION III: APPLICA'fT'S AFFIDAVIT ',Edward F. McNamara , being duly sworn, declare that I am the contract purchaser or owner of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed and sworn before me this cV45- day of cSIE , Not •1ic zr residing at in�- •� or t e tate of Washington &nature of c g ii ebo ser or owner) ■ : �o 9 N oTA R y � • . N. .. F •. 1 , . * * c) ! ` OF W io SECTION IV: SUPPORTING MATERIAL REQUIREMENTS NOTE: All applications require certain supporting documents and information which are described in the following table: 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 MG1T 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 IMPROVEMENT 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 SAFECO real estate contract THIS CONTRACT, made and entered into this 22nd day of between JACK R. JAMISON, as his separate estate hereinafter called the "seller," and BROOKVALE GARDEN ASSOCIATES, a Washington limited partnership hereinafter coiled the "purchaser," WITNESSETH: That the seller agrees to sell to the purchaser and the purchaser agrees to purchase from the seller the following described real estate, with the appurtenances, in KIN County, State of Washington: Shown in Exhibit A attached hereto and by this reference made a part hereof. NO /100 DOLLARS ($75,000.00) All payments to be made hereunder shall be mode at or of such other place as the seller may direct in writing. TL -116 R3 1/76 KING C075.17-4'.."‘„ EXCISE TAX PAID JUL251980 1 O5D:)826 TWELVE THOUSAND AND NO /100 DOLLARS ($12,000.00) July, 1980 SEMI- ANNUAL PAYMENTS OF $5,000.00, or more at purchaser's option, with the first payment due on the 22nd day of January, 1981. Purchaser further agrees to pay ,interest on the diminishing balance of said purchase price at the rate of 11.000 r per cent per annum from the 22nd day of July, 1980, which interest shall be deducted from each installment payment and the balance of each payment applied in 0 reduction of principal. CV Notwithstanding the aforementioned payment terms of this contract, the Purchaser 0 agrees to pay in full, the entire remaining principal balance, together with any Q accrued interest owing seller, within 36 months from date of closing. 3,4. 5//e7 - / flirt? r CO RrecIRD AT 341 fITI C INSURANCE' tom T OF �ln AVCNUE. SEA171E, WA 98) ? I The terms and conditions of this contract are as follows: The purchase price is SEVENTY FIVE THOUSAND AND (, 75,000.0 Dollars, of which 12,000.00 (5 ) Dollars have been paid, the receipt whereof is hereby acknowledged, and the balance of said purchase price shall he paid as follows: } ORPEI) I 1u� 25 II it b T is i. .► tJ: RECflRD; & ELECTIO IS KING C OUN As referred to in this contract, "date of closing" shall be July 22, 1980 (1) The purchaser assumes and agrees to pay before delinquency all taxes and assessments that may as between grantor and grantee hereafter become a lien on said real estate; and if by the terms of this contract the purchaser has assumed pay- ment of any mortgage, deed of trust, contract or other encumbrance, or has assumed payment of or agreed to purchase subject to any taxes or assessments now a lien on said real estate, the purchaser agrees to pay the same before delinquency. (2) The purchaser agrees, until the purchase price is fully paid, to keep the buildings now and hereafter placed on said real estate insured to the actual cash value thereof against loss or damage by both fire and windstorm in a company accept- able to the seller and for the seller's benefit, as his interest may appear, and to pay all premiums therefor and to deliver all policies and renewals thereof to the seller. (3) The purchaser agrees that full inspection of said real estate has been made and that neither the seller nor his assigns shall be held to any covenant respecting the condition of any improvements thereon nor shall the purchaser or seller or the assigns of either be held to any covenant or agreement for alterations, improvements or repairs unless the covenant or agree- ment relied on is contained herein or is in writing and attached to and made a port of this contract. (4) The purchaser assumes all hozords of damage to or destruction of any improvements now on said real estate or here- after placed thereon, and of the taking of said real estate or any part thereof for public use; and agrees that no such damage, destruction or taking shall constitute a failure of consideration. In case any part of said real estate is taken for public use, the portion of the condemnation award remaining after payment of reasonable expenses of procuring the same shall be paid to the seller and applied as payment on the purchase price herein unless the seller elects to allow the purchaser to apply all or a portion of such condemnation award to the rebuilding or restoration of any improvements damaged by such taking. In case of damage or destruction from a peril insured against, the proceeds of such insurance remaining after payment of the reasonable expense of procuring the same shall be devoted to the restoration or rebuilding of such improvements within a reasonable time, unless purchaser elects that said proceeds shall be paid to the seller for application on the purchase price herein. (5) The seller has delivered, or agrees to deliver within 15 days of the date of closing, a purchaser's policy of title insurance in standard form, or a commitment therefor, issued by SAP ECO Title Insurance Company, insuring the purchaser to the full amount of said purchase price against loss or damage by reason of defect in seller's title to said real estate as of the date of closing and containing no exceptions other than the following: a. Printed general exceptions appearing in said policy form; b. Liens or encumbrances which by the terms of this contract the purchaser is to assume, or as to which the conveyance hereunder is to be made subject; and c. Any existing contract or contracts under which seller is purchasing said real estate, and any mortgage or other obliga- tion, which seller by this contract agrees to pay, none of which for the purpose of this paragraph (5) shall be deemed defects in seller's title. (6) If seller's title to said real( ite is subject to an existing contract or contr under which seller is purchasing said real - estate, or any mortgage, deer? of trust or other obligation which seller is to pa, seller agrees to make such payments in accordance with the terms thereof, and upon default, the purchaser shall have the right to make any payments necessary to re- move the default, and any payments so made shall be applied to the payments next falling due the seller under this contract. (7) The seller agrees, upon receiving full payment of the purchase price and interest in the manner above specified, to execute and deliver to purchaser a statutory warranty fulfillment deed to said real estate, excepting any part thereof hereafter taken for public use, free of encumbrances except any that may attach after date of closing through any person other than the seller, and subject to the following: Easement under recording No. 7412170397. Agreement under recording No. 5709309. Right of way for laying water pipes through said premises. (8) Unless a different date is provided for herein, the purchaser shall be entitled to possession of said real estate on date of closing and to retain possession so long as purchaser is not in default hereunder. The purchaser covenants to keep the buildings and other improvements on said real estate in good repair and not to permit waste and not to use, or permit the use of, the real estate for any illegal purpose. The purchaser covenants to pay all service, installation or construction charges for water, sewer, electricity, garbage or other utility services furnished to said real estate after the date purchaser is en- titled to possession. (9) In case the purchaser fails to make any payment herein provided or to maintain insurance, as herein required, the seller may make such payment or effect such insurance, and any amounts so paid by the seller, together with interest at the rote of 10% per annum thereon from date of payment until repaid, shall be repayable by purchaser on seller's demand, all without prejudice to any other right the seller might hove by reason of such default. (10) Time is of the essence of this contract, and it is agreed that in case the purchaser shall fail to comply with or perform any condition or agreement hereof or to make any payment required hereunder promptly at the time and in the manner herein required, the seller may elect to declare all the purchaser's rights hereunder terminated, and upon his doing so, all payments mode by the purchaser hereunder and all improvements placed upon the real estate shall be forfeited to the seller as liqui- dated damages, and the seller shall hove right to re -enter and take possession of the real estate; and no waiver by the seller of any default on the part of the purchaser shall be construed as a waiver of any subsequent default. Service upon purchaser of all demands, notices or other papers with respect to forfeiture and termination of purchaser's rights may be made by United States Mail, postage pre -paid, return receipt requested, directed to the purchaser at his address lost known to the seller. (11) Upon seller's election to bring suit to enforce any covenant of this contract, including suit to collect any payment required hereunder, the purchaser agrees to pay a reasonable sum as attorney's fees and all costs and expenses in connection with such suit, which sums shall be included in any judgment or decree entered in such suit. If the seller shall bring suit to procure on adjudication of the termination of the purchaser's rights hereunder, and judg- ment is so entered, the purchaser agrees to pay a reasonable sum as attorney's fees and all costs and expenses in connection with such suit, and also the reasonable cost of searching records to determine the condition of title at the date such suit is commenced, which sums shall be included in any judgment or decree entered in such suit. IN WHEREOF, the parties hereto have executed this instrument as of the date first written above. �f L• X� / � :t�yz BROOKVALE GARDEN ASSOCIATES Jack R. Jam son f ;. STATE OF WASHINGTON, ss. County of � l On this day per natty appeared before me f2l L to me known to be the individual described in a d who executed the within and foregoing instrument, and acknowl ,c4W8' ?Hdb.,, /L¢_ signed the same as h-x-•� free and voluntary.cc� , .,' • G I , for the uses and purposes therein mentioned. / 7)9J GIVEN under my hand and official seal this ''� � "� day of � WHEN RECORDED, RETURN TO Filed for Record at Request of NAMF ADDRESS CITY AND STATE S7 9 6,4f ,.„‘,,,,,_ X) I G (� �, f77 a t+• Gv1 Notary, d' of residing (SEAL) (SEAL) (SEAL) (SEAL) iu and for h dtat o/ Washing on • • r THIS SPACE RESERVED FOR RECORDER'S USE SAFECO SAFECO TITLE INSURANCE COMPANY Exhibit A PAGE 1 Tract 9 of Brookvale Garden tracts, according to plat recorded in Volume 10 of Plats, page 47, in King County, Washington, EXCEPT the following: Beginning at a point on the North line of said Tract 9, 330 feet West of the Northeast corner thereof; thence East 330 feet to the Northeast corner of said tract; thence South along the East line of said tract to the Southeast corner thereof; thence along the South line of said tract, a distance of 170 feet to a point on a curve whose radius bears South 89'59'24" West; thence Northerly and Westerly along the arc of said curve to the left with a radius of 382.47 feet to a point 50 feet South of the North line of said Tract and 300 feet West of the East line; thence Northwesterly in a straight line to the point of beginning; EXCEPT the South 30 feet thereof conveyed to the City of Seattle for pipeline by t7' deed recorded under Auditor's File No. 3641174; EXCEPT the South 30 feet thereof lying Easterly of a line drawn Northerly at right angles to the South line of said Tract 9 from a point on said South line which is 200 feet Westerly of the "W" line survey of Primary State Highway No.'1, South 178th Street to South 126th Street; aD ALSO EXCEPT that portion of the remainder lying Southwesterly of a line drawn parallel with and 20 feet Northeasterly from the D2 centerline of Primary State Highway No. 1, South 178th Street to South 126th Street. SUBJECT TO: Easement under recording number 7412170397. Agreement under recording number 5709309. Right of way for laying water pipes through said premises. is TP.58 N1 2/79 ALTA OWNER'S POLICY FORM B - 1970 (AMENDED 10.17 -70) SAFECO POLICY OF TITLE INSURANCE issued by SAFECO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, SAFECO TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title: 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. In Witness Whereof, SAFECO Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. VAI-cett4 President PRINTED h U.S.A. SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi-ances) restricting or •eg -• Wing or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, din•, ^sons or locatic^ a improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a rec:ction in the dirrefs or area of the land, or the effect of any violation of any such law, ordinance or governmental regula' :n 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of 5_:h rights appears public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the claimant; (b) not known to the Company and not shown by the public records but known to the inst.•ei claimant eithe• a' of Policy or at the date such claimant acquired an estate or interest insured by this policy and not c solosed in wrili'g o. insured claimant to the Company prior to the date such insured claimant became an insured hereurce', (c) resulting or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss c• ca which would not have been sustained if the insured claimant had paid value for the estate or interest insured by th s 1. Definition of Terms The following terms when used in this policy mean: (a) "insured ": the insured named in Sched- ule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as dis- tinguished from purchase including, but not limited to, heirs, distributees, devisees, sur- vivors, personal representatives, next of kin, or corporate or t,duciary successors. (b) "insured claimant ": an insured claiming loss or damage hereunder. (c) "knowledge ": actual knowledge, not con- structive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land ": the land described, specifically or by reference in Schedule A, and improve- ments affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or water- ways, but nothing herein shalt modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (f) . "public records": those records which by law impart contructive notice of matters relating to said land. 2. Continuation of Insurance after Con - veyance of Title The coverage of this policy shall continue in force as of Date of Policy in favor of an insured CONDITIONS AND STIPULATIONS so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase' money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer of conveyance of such estate or interest: provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or in- terest or the indebtedness secured by a pur- chase money mortgage given to such insured. 3. Defense and Prosecution of Actions - Notice of Claim to be given by an In- sured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the de- fense of an insured in all litigation consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or defense is interposed as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such (Conditions and Stipulations Continued and Concluded on Last Page of this Policy) prompt notice is required; that failure to notify shall in r.,, :a :: the rights of any such insure •^ s c: cy unless the Company shall to : - _: _ such failure a - .d then only to • ^e : --. prejudice. (c) The Company shalt ha•.e . - . _ • own cost to - statute and w t^. :__ _e a. prosecute a ^, action or procee: -; - any other a :: which in its c. ma. to_ necessary cr Cesireable to este: • : • _ to the estate Cr nterest as insure:. a • ^e :: - pany may to -.e any approor a:e 2:: 2 the terms of :nos policy, whetre• :- -:. • be liable thereunder, and shat' cede Habit :, or waive any c _. .: - •- s policy. (d) Whenever the Compar brought any action or interpose: a : _ _ :e as required or permitted by the o•:. a : c• •- s policy, the Company may pursee a su : gation to fine' determination b, a c: _t• c•' petent jurisc non and express , :-.e right in its so ;e discretion. to adverse judgment or order. (e) In all cases where this p:. : :erm :; or requires the Company to prosecute : • _. ce for the defense of any action or or:: e _ o:r; :ne insured hereunder shall secure to :-: Corr :a - ; the right to so prosecute or pro. o= :_ : •., such action or proceeding, an: a ep ;ea:s therein, and p ermit the Compa ^•; to _se. _- •ts option, the name of such ins:.•e: 'or __ :n purpose. Whenever requested b, :-- Corr. ; ; -, such insurec shall give the C _ — :an, a reasonable a:d in any such act : - or : ceeding, in effecting settlement se:_•.r.; a.,- dence. obtaining witnesses, or : :_- :, :ir; c defending such action or procee: -; an: :ne Company shall reimburse such :rs_ : ^ for expense so incurred. Amount of Insurance: $75,000.00 Date of Policy: July 28, 1980 at 8:00 1. Name of Insured: FEE SIMPLE JACK R. JAMISON, as his separate estate SCHEDULE A a. m. Policy No.: 435241 Premium: $ 309.00 BROOKVALE GARDEN ASSOCIATES, a Washington limited partnership 2. The estate or interest in the land described herein and which is covered by this policy is: 3. The estate or interest referred to herein is at Date of Policy vested in: 4. The land referred to in this policy is in the State of Washington, County of King, and is described as follows: SEE EXHIBIT "I" ATTACHED HERETO AND MADE A PART HEREOF. SAFECO TP•sz 1/79 1Wa.hmpton1 (Washington) ALTA Owner's Policy Form B -1970 (Standard Coverage) SCHEDULE B GENERAL EXCEPTIONS FOR SPECIAL EXCEPTIONS SEE ATTACHED This policy does not insure against loss or damage by reason of the following: (1) Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or pro. ate easements, streets, roads, alleys or highways, unless disclosed of record by recorded Plat, conveyance or decree :f a Court of record; rights or claims of persons in possession or claiming to be in possession, not disclosed by the public records; material or labor liens or liens under the Workmen's Compensation Act not disclosed by the public rec:•ds; water rights or matters relating thereto; any service, installation or construction charges for sewer, water, electric.: or garbage collection and disposal. (2) Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof; right of use, contra l or regulation by the United States of America in the exercise of power over navigation; any prohibition or limitation a^ the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by ).'.ater. (3) General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the sa me becoming a lien. Policy No. 435241 EXHIBIT "I" Tract 9 of Brookvale Garden Tracts, according to plat recorded in Volume 10 of Plats, page 47, in King County, Washington, EXCEPT the following: Beginning at a point on the North line of said Tract 9, 330 feet West of the Northeast corner thereof; thence East 330 feet to the Northeast corner of said tract; thence South along the East line of said Tract to the Southeast corner thereof; thence West along the South line of said Tract, a distance of 170 feet to a point on a curve whose radius bears South 89 ° 59'24" West; thence Northerly and Westerly along the arc of said curve to the left with a radius of 382.47 feet to a point 50 feet South of the North line of said Tract and 300 feet West of the East line; thence Northwesterly in a straight line to the point of beginning; EXCEPT the South 30 feet thereof conveyed to the City of Seattle for pipeline by deed recorded under Auditor's File No. 3641174; EXCEPT the South 30 feet thereof lying Easterly of a line drawn Northerly at right angles to the South line of said Tract 9 from a point on said South line which is 200 feet Westerly of the "W" line survey of Primary State Highway No. 1, South 178th Street to South 126th Street; ALSO EXCEPT that portion of the remainder lying Southwesterly of a line drawn parallel with and 20 feet Northeasterly from the D2 centerline of Primary State Highway No. 1, South 178th Street to South 126th Street. SPECIAL EXCEPTIONS: 3M Policy No. 435241 Page 2 1. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument recorded on December 17, 1974, in the office of the recording officer of King County, Washington, under recording number 7412170397, In favor of: VAL VUE SEWER DISTRICT, a municipal corporation For: Sewer pipeline Affects: 10 foot.strip through Easterly portion of said premises 2. Agreement dated March 2, 1964, recorded March 11, 1964, in the office of the recording officer of King County, Washington, under recording number 5709309, entered into by and between: CITY OF TUKWILA; and Several property owners; Providing: For the replacement, relocation and improvement of the water main serving the area and further providing for the cost of construction and hook up charges 3. Right of way for laying water pipes through said premises and other property together with the right to go upon aid land for purpose of inspecting and repairing pipes, as granted to Fred Nelson, James Nelson and C. Jorgensen, by instrument recorded under Auditor's File No. 337824, records of King County, Washington. 4. General taxes for the second half of the year 1980 in the amount of $456.66, which become delinquent on November 1, 1980. (Affects: Said premises - Account Number 115720 - 0090 -06). 5. Contract of Sale, including the terms, covenants and provisions thereof, and the effect of any failure to comply with such terms, covenants and provisions. Seller: JACK R. JAMISON, as his separate estate Purchaser: BROOKVALE GARDEN ASSOCIATES, a Washington limited partnership Dated: July 22, 1980 Recorded: July 25, 1980 Recording No.: 8007250464 Excise Tax Receipt No.: E- 0599826 The Coniltany. recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Otenet named in said Policy. hereby modifies said Policy. as follot. 1. Notwithstanding anything contained) in said Policy to the contrary. the amount of insurance provided I.•. said Policy. as stated in Schedule A thereof. is subject to cumulative annual ttimard adjustments in the mat,- ner and to the extent hereinafter specified. 2. "Adjustment Date" is defined. for the purpose of this Indorsement. to he 12:01 .a.nt. on the first January 1 which occurs more than six months after the I)ate of Policy. as shown in Schedule A of the Policy to whirl, this Indorsement is attached and on each succeeding January 1. •e. An upward adjustment %cill he made on each of the Adjustment Dales. as defined alone. Iry ins r:asi::c :1..- ntaxinnnn of insurance provided Icy said Policy t as said amount may have hem) increased Ihe•retefor•: under the Terms of 1Ili4 Indorsement c by the same percentn_c. if .ay. ley teltich the h Stat.. I) • I,:u•tmenl of Commerce Composite ( :onstruction Cost Index t lase period 1967, for the month of St ptend •- immediately preceding, exceeds stn It Index for the month of September one year earlier: provided. h r• ever;. that the maximum amount of insurance in force shall never exceed 1 75 ?; of the amount of insura : stated in Schedule A of said Policy. Tess the amount of any claim Laid under said Policy to hi h under ti. terms of the Conditions and Stipulations. reduces the amount of insurance in force. There shall he no aniline'. adjustment in the amount Of insurance for years in %%hiclt there is no increase in said Construction Cos: Index.. In the settlement of any claim against the Company under said Policy. the amount of insurance• in force he deemed to he the amount tehich is in force as of the date on which the insured claimant first learned t•: the assertion or possible assertion of such claim. or as of the dale of receipt by the Company of the first notice of such claim. whichever shall first occur. Nothing herein contained shall he construed as extending or changing* the effective elate of said Policy. This indorsement is made a part of said Policy and is subject to the schedules. conditions and stipulations there. in. except as modified by the provisions hereof. Dated: Policy No. OWNER'S INFLATION PROTECTIVE INDORSEMENT NO. 3 July 28, 1980 at 8 :00 A.M. 435241 1 1)' AFECO TITLE INSURANCE COMPANY Authorized Signature The sketch is for your aid i :sating your land with re`erence to streets and parcels. While it is believed to be correct, the Company assumeTiio liability for any loss occurring by'reason of t , nce thereon. SAFECO TITLE INSURANCE COMPANY V1 N o- • N \ �S �S y do / CITY OF S "Tl.E. - C '6Yeal� v' c i ca1� O.avt.. `: 5 a . a � � � J geova LAKE. F ii Rtr ; i N A 4. Notice of Loss - Limitation of Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipu- lations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claim- ant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. Options to Pay or.Otherwise Settle Claims The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) (i) the actual loss of the insured claim- ant; or (ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs im- posed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. Limitation of Liability No claim shall arise or be maintainable under this policy (a) if the Company, after having re- ceived notice of an alleged defect, lien or en- cumbrance insured against hereunder, by liti- gation or otherwise, removes such defect, lien or encumbrance or establishes the title, as in sured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as in- sured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. Reduction of Liability All payments under this policy, except pay- ments made for costs, attorneys' fees and ex- penses, shall reduce the amount of the in- surance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy' insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy. or (b) a mortgage hereafter executed by an in- sured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner 10. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at me time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. Subrogation Upon Payment or Settle- ment Whenever the Company shall nave settled claim under this policy, all right of sub•ogauo shall vest in the Company unet'ectec Dy a act of the insured claimant. The Compa - y she be subrogated to and be entit :ed to a rights and remedies which such insured would have had against any person cr c•opert, in respect to such claim had ;nis .cy n: been issued, and if requested by the C: '.pan, such insured claimant shall :ransfe• to Me Company all rights and remedies age - .st ar. person or property necessary in orde• to pe•- fect such right of subrogation and she Derr. the Company to use the name of suc` '-sure: claimant in any transaction cr litiga :.cn i -- votving such rights or remedies if the :a me -• does not cover the loss of such ensured claw ant, the Company shall be subrogatee to suc rights and remedies in me proport c whtc said payment bears to the amount of sa : loss If loss should result from any act of s.cn in- sured claimant, such act sha:i not c th.s policy, but the Company, in that event s be required to pay only that part cf any losses sured against hereunder whit', she' excee_ the amount, if any, lost to the Cor car y t, reason of the impairment of the right of sut•- rogation. 12. Liability Limited to this Policy This instrument together wi :n all e corse- ments and other instruments. if any. attache: hereto by the Company is the ern :re pc =y an: contract between the insured an: the C: Any claim of loss or damage, v.netne or not based on negligence, anc whit arises out cf the status of the title to the esta :e cr - serest covered hereby or any action asser :;r; suer claim, shall be restricted to the orovis c an: conditions and stipulations of tr..s No amendment of or endorsement to this policy can be made except by writing e oorsec hereon or attached hereto signet oy e : the President, a Vice President. the Secre ts•,, ar Assistant Secretary, or ■alydatr.g C7 c' authorized signatory of the Corr:any. 13. Notices, Where Sent All notices required to be given the C= — Dan, and any statement in writing require:: to be furnished the Company shall be addressed to it at the office which issued this colicy c to its Home Office, 13640 Roscoe Bl•.: , Pa :am.? City California 91409. POLICY OF TITLE INSURANCE 03 SAFECO SAFECO TITLE INSURANCE COMPANY WASHINGTON STATE HEAD OFFICE FOURTH & VINE BUILDING P.O. BOX 21987 SEATTLE, WASHINGTON 98111 Important Papers — SAFECO This Title Policy is one of the most im- portant documents included in your rec- ord of ownership or interest in the prop- erty described herein. In the future you may have occasion to refer to it for pur- poses of sale, transfer, or refinance. We suggest it be kept by you in a safe and permanent place so it may be readily available to expedite your transaction. SAFECO TITLE INSURANCE COMPANY A member of the SAFECO Group SAFECO TITLE INSURANCE COMPANY .; • ; • • AUG 281969' 6557642 •■••• 3— i • • • \ , • ,,•, • • • . • (c) Landscaping. As sites era developed, it Shall be required that the 15 font adjacent to tho curb on Southcenter Parkway bo landscaped, and all of the remaining h� rticn of eaid alto not covered by building or paved parking • , ground cover or landscaping to prevent wind and water erosion of tho earth: the design of the landscaping and ground cover shall ' V conform to similar standards as adopted for Southcenter Indus- , trial Park. All areas shall be maintained in a neat and --,.,_,.,orderly manner, to complement the parklike standards achieved by n adjacent CH development. - • ~ •••.: ' •1. I w• • `fl (d) Storage. If storage is not confined to the west part of the site, and behind a building, then said ragedare shalt • • have a slotted screening fence or densely planted at least•10 feet high; any storage not to.exceed an average of 10 icot in height. • {o) Architectural Control. The architectural control requirements of V. use area shall apply, along with tho signing. ,... covenants applicable in Andover Industrial Park. . t 2. This agreement shall be rocorded"in the records of • ` the King County Auditor and the covenants herein shall be deemed to • , .•....•.• 1 attach to and run with the land and shall be binding upon the / Covenantor, his successors and assigns. All building, occupancy and • use permits hereafter applied for or iseuod shall be subject to the 11 • t erns, conditions and limitations of this agreement. I. 3. The City may institute and prosecute any proceedings at law or equity to enforce this agreement and the City shall be entitled to reasonable attorney's fees for such enforcement pro ceedings which may be imposed as a charge against said property. . i 4. It is further expressly agreed that in the .vent any • covenant, condition or restriction hereinabo contained or any par- tition thereof is invalid or void, such invalidity or•voidness shall . in no way effect any other covenants. conditions or restrictions herein contained. •. :,.•.• 1 5. That partial waiver or waiver by acquiescence by the • City of any covenant or condition or restriction of this agreement shall not be a waiver of any other covenant, condition or restriction • •• • •• i • 1 : • i t • -•••■•••■••••••••••• • • • • • 0' .1 .I *Ana 'KW :•• • :: t • 4. ••••••• • • • I r . 06^ l'=•' •:'• ' ' • o f .• • • ; t • . • •• • • I I, I • t• • • • • • t Of thin / / IW WrigESS WT.Z.P.:01.', thin agroetr if oxocutcd this a / day of July, 1969, at Tbkwila, Washington. N i ..../ n ...:7 r — . . ... Ln r 1 ...., La this certiflcete above vrittcn. . . • • •• • • • . .. • .. . • . • ••• a • f . • ••• • v.% ... • ' • • • • t •' . * • . • • , I • i —....-- • . • . • . . „ t . • ' .••••. . • ..... State of %/oohing:0o ) . • on• : . , . County of King ) Oo thits 2lot dey of July,1c6'9, before co, the undersigned, a Notary duly con:ieoioned rod cwort, peroonal; appeared CtaoleyN. Kesperooa, Trurtec,to ve known to be the ihdlviduel den:rited in and uho executed the forfrt!nr, inotrument, end teknow)edred to ue that he eigned and zetled the eald inctruaent LA hlo free en! volurterr oet end dyed for the usestod .7t:rpocro theratn eentionod. • •• • Lr hAlad tr.e. offitiql oeal hereto affixed the day end year c. . . Votary V•IhInc tu Liti for tne Ltnte of i'antingtoo, reciding at Seattle •vri . . • •• ter .• . • * I • • • e ta • ••••••::. • i• •-• ••• •• •••• • •• ••••••• •• • • .1 • • ••••"' •T■ • ,k. tt. . • • • •• • • •••• • • • • . • • • • - • • • t• . • *. *. • • • , • V I. • •• . te :•.. • • • • • • • •4 ( —.—........-- ' ,.............. • r • ' . •• • • I. • • • • • . 1 . . t CCIUM=..•=^•ra•Tt;...r=mr--ry. •- • • • -.-.= elevations william s tsao and company mcnamara investment