HomeMy WebLinkAbout1983 - Agreement - Property Use and Development Agreement - Jack A Benaroya Company - 8301030385
JAN 2 0 1983
PARKWAY PLAZA
RECD F
OF Tl1i<WILra►ZUP RTY USE AND DEVELOPMENT AGREEMEi'I'. L
_ANNING DEPT.
W I T N E S S T H:
THIS INSTRUMENT, executed this day of
;1982, in favor of THE CITY OF.TUKWILA, a municipal corporation
(herein, called "City "), by the JACK A. BENAROYA COMPANY, a
Washington corporation (herein called "Benaroya ").
;WHEREAS, Benaroya is the owner of certain real property '
(herein call the "Property ") located in the City of Tukwila,
County of King, State of Washington, which is more particularly
described in Exhibit 1 attached hereto and incorporated herein
by reference; and
WHEREAS, pursuant to Chapter 18.56 of the Zoning Code of
City of Tukwila, Benaroya has petitioned the Tukwila Planning
Commission for approval of a cooperative parking facility
located at the Property;' and
WHEREAS, the Tukwila Planning Commission is willing to
grant the petition for a cooperative parking facility subject
to the execution and recording of'an agreement with the City
pertaining to certain uses and developments of the Property in
the interest of public safety and health;
FILED LED f o 1 i ✓ V
"PARKWAY PLAZA " PROPERTY
USE AND DEVELOPMENT AGREEMENT - Page 1 r C='
9 6 6 8 A/ 5 0 2 A/ DDW :.4�. , ', • o.-) r ` i - .. ../_
'f n
NOW, THEREFORE, Benaroya hereby covenants, bargains and
agrees on behalf of itself, its successors and assigns, that
the Property will be developed and subject to the
following terms and conditions:
1. The proposed tenants are as described by name or type
of business in Exhibit 2 (November 3, 1982 letter of
c7,1 •
application from Benaroya) attached hereto and incorporated
CD herein by reference.
. 2. Total arrangement of parking spaces on the Property •
RD
shall be as described in Exhibit 3 attached hereto and
incorporated herein by reference).
3. If any change is made to the above described tenants'
or complementary tenant mix and such change affects the parking
analysis submitted by Benaroya in Exhibit 2 and in Exhibit 4
(November 9, 1982 analysis by C.V. Brown), attached hereto and
incorporated herein by reference, so as to create a need for
additional parking, the Tukwila Planning Department staff may
request the Tukwila Planning Commission to review the
cooperative parking facility, and the Tukwila Planning
Commission may require cancellation thereof or modification of
its terms upon'finding of adverse impact to public safety or
health.
4. It being understood that the cooperative parking
facility is approved upon the finding by the Tukwila Planning
"PARKWAY PLAZA • " PROPERTY
USE AND DEVELOPMENT AGREEMENT - Page 2
9668A /502A /DDW
Commission that such action is taken at the time of approval in
the public interest, the Tukwila Planning Commission may review
the cooperative parking facility annually and may require
cancellation thereof or modification of its terms upon finding
of adverse impact to public safety or health.
5. Any outdoor promotional event within the Property
during periods of simultaneous operation of the theater, retail
space and food service facilities, which makes unusable any
parking spaces, may be allowed only with prior approval of the
Planning Department.
6. No more than three hundred (300) spaces below the
total number of parking stalls required by the Tukwila Zoning..
Code for the Property shall be permitted under the cooperative
parking facility agreement.
7. This Agreement shall be recorded in the records of the
King County Department of Records and Elections and filed in
the records of the City Clerk, and the covenants thereof shall
be deemed to attach to and run with the Property and shall be
binding upon Benaroya, its successors and assigns, and shall
apply to after acquired title to Benaroya to the Property.
8. This Agreement may be amended or modified by agreement
between Benaroya and the City; provided such amended agreement
shall be approved by the Tukwila Planning Commission after
written notice is made to property owners within three hundred
(300) feet of the Property.
"PARKWAY PLAZA " PROPERTY
USE AND DEVELOPMENT AGREEMENT - Page 3
9668A/502A/DDW
DATED:
STATE OF WASHINGTON
COUNTY OF K I N G
) ss.
By
9. Nothing in this Agreement shall prevent the Tukwila
City Council from making such further amendments to the Zoning
Code as it may deem necessary in the public interest. Nothing
in this Agreement shall prevent the application to the Property
of future amendments to the Zoning Code, if otherwise
applicable.
U 10. This Agreement is made for the benefit of the City.
The City may institute and prosecute any proceedings at law or
CD
O in equity to enforce this Agreement, including injunctive
VD
OD relief. The City shall be entitled to recover from Benaroya
reasonable attorney fees and costs for any action commenced
pursuant to this Agreement.
11. In the event any covenant, condition or restriction
hereinabove contained, or any portion thereof, is invalid or
void, such invalidity or voidness shall in no way affect any
other covenant, condition or restriction hereinabove contained.
JACK A. BENAR'° : " . r PANY
A.= enar•ya, President
On this date, before me,, the undersigned, personally
appeared before me JACK A. BENAROYA, to me known to be the
"PARKWAY PLAZA . " PROPERTY
USE AND DEVELOPMENT AGREEMENT - Page 4
9668A/502A/DDW
L Ea.4Z DESCWT /ON e x,4f /,r3 /T
That portion of the southeast quarter of the southwest quarter and of the
southwest quarter of the southeast quarter of Section 26 Township 23
North, Mange 4 East, Willamette Meridian, in King County, Washington,
and of the northwest quarter of the northeast quarter and of the northeast
quarter of the northwest quarter of Section 35, Township 23 North, Range 4
East, Willamette Meridian, King County, Washington, described as follows:
Beginning at the northwest corner of the northeast quarter of said
Section 35;
thence South 87 °44'08" East along the north lino of said northeast quarter
a distance of 140.16 feet to the true point beginning;
:thence South 02 ° 24'12" West parallel to the west line of said northeast
'quarter a distance of 894,23 feet to the north line 0 the •oath 430 feet
of the northwest quarter of the northeast quarter of said Section 35,
thence North 87°50'09" Vest along said north line a distance of 140.16
feet to the east line of the northeast quarter of.the northwest quarter
of paid Section 35;
thence North 87 °50'57" West along the north line of the south 430 feet of
raid northeast quarter of the northwest quarter a distance of 177.29 feet
to a point 6 feet distant northeasterly , measured at right angles, from
the easterly margin of the Mean Brother's County Road No. 972; •
thence Borth 11 ° 59'33" Weet•alonq along a line 6 feet distant northeasterly,
measured at right angles, from said easterly margin a distance of 1771.86
feet;
thence continuing along said line 6 feet distant' northeasterly along a curve
to the right having a radius of 919.37 feet, an arc distance of 210.78 feet
through a central angle of 13 °08'08 "; .
thence North 01 °08.35" Eaat along said line 6 feet dia northeasterly
- iLdistance of 285.11 feet to the north line of the southeast quarter of
the southwest quarter of said Section 26;.
thence South 87 ° 55'53" East along said Korth line a distance of 625.20
feet to the west line of the southwest quarter of the southeast quarter
of said Section 26;
thence South 87 ° 55'02" East along the north line of said southwest quarter
of the southeast quarter a distance of 140.16 feet;
thence South 01 ° 12'25" West parallel to the west line of said southwest
quarter of the southeast quarter a distance of 1318.77 feet to the true
point of beginning
TOGETHER WITII:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 359 TOiiNSHIP 23
NORTH. RANGE 39 EAST. W.M.. IN KING COUNTY. WASHINGTON. DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE
NORTHEAST QUARTER ;,THENCE SOUTH 02'24'12" WEST ALONG THE WEST LINE OF
SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER. A DISTANCE OF 894.47
FEET TO THE NORTH LINE OF THE SOUTH 430 FEET OF SAID NORTHEAST QUARTER
OF THE NORTHWEST OUARTER AND THE TRUE POINT OF BEGINNING; THENCE NORTH
87'50'57" WEST ALONG SAID NORTH LINE A DISTANCE OF 177.29 FEET TO A
LINE 36 FEET EASTERLY OF THE CENTERLINE OF SOUTHCENTER PAP.KWAY•
(FORMERLY 57TH AVENUE SOUTH); THENCE SOUTH 11'59'33" EAST ALONG SAID
LINE A DISTANCE OF 322.74 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING
A RADIUS OF 107.24 FEET, AN ARC DISTANCE OF 141.96 FEET THROUGH A
CENTRAL ANGLE OF 75'50'36" TO A LINE 36 FEET NORTHERLY OF THE
CENTERLINE OF SOUTH 180TH STREET; THENCE SOUTH 87'50.09" EAST ALONG
SAID LINE A DISTANCE OF 576.70 FEET TO A LINE 740.70 FEET WEST OF THE
EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 35; THENCE NORTH 01'51'39" EAST A DISTANCE OF 553.59 FEET TO A
POINT SOUTH 01 WEST 50.00 FEET FROM THE SOUTHWEST CORNER OF THE
TRACT OF LAND CONVEYED TO BRUCE E. MC CANN. ET AL. BY DEED RECORDED
UNDER RECORDING NO. 7208170551; THENCE NORTH 87'55'02" WEST 220.00
FEET; THENCE NORTH 01 EAST 50.00 FEET; NORTH 87'55.02"
WEST A DISTANCE OF 218.09 FEET TO A POINT 140.16 FEET EAST OF THE WEST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH
02•24'12" wEST A DISTANCE OF 209.26 FEET TO THE NORTH LINE OF THE
SOUTH 430 FEET OF SAID NORTHWEST OUARTER OF THE NORTHEAST QUARTER;
THENCE NORTH wEST A DISTANCE OF 140.16 FEET TO THE TRUE
POINT OF BEGINNING.
TOGETHER WITH ANON - EXCLUSIVE. EASEMENT FOR INGRESS AND E6°.ESS OvER AND
ACROSS A STPIP OF LAND 50 FEET IN WIDTH DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN
CONVEYED TO 186 CORPORATION 0Y DEED RECORDED UNDE
7111100109; THENCE NORTH 87 WEST A DISTANC
.THENCE SOUTH 01'51.39" WEST PARALLEL TO ANDOVER P
50.00 FEET; THENCE SOUTH B7'55'02" FAST A DISTANC
THE wEST N.ARGIN OF AIDOvER PARK WEST;.THENCE NORT
SAID WEST MARGIN A DISTANCE OF 50.00 FEET 10 THE
SAID TRACT OF LAND COP4VEYED BY RECORDING NO. 7111
87'55'02" WEST ALONG THE SOUTH LINE OF SAID TRACT
270.00 FEET TO THE POINT OF BEGINNING.
TRACT OF LAND
R PECORDING NO.
E OF 660.70 FEET;
ARK. WEST A DISTANCE OF
E OF 930.70 FEET Tfl
H 01'51'39" EAST ALO'!G
SOUTHEAST CORNER OF
100109; THENCE NORTH
OF LAND A DISTANCE OF
•
•
11
REC )RE?Eil 1 HIS DAY
AV .3 1 31 ?M'T?
E' THE D! I It N O
REcOko &ELECTIONS
awry
Those portions of the southen , uar to of the southwest
quarter of Section 2G, Townshi 1'2'3 North, Range 4 East, W. M.
in the City of Tukwila, County of King, State of Washington,
and of the northeast quarter of the northwest quarter of
Section 35, Township 23 North, Range 4 East, W. M. in the
City of Tukwila, County of King, State of Washington, described
as follows:
Beginning at the northeast corner of said northeast quarter of
the northwest quarter of Section 35;
Thence 11 87 °45'57" W along the north line of said northeast
quarter of the northwest quarter a distance of 431.05 feet to
the west margin of Southcenter Parkway as established in King
County Auditor's File No. 6343048;
Thence S 11 °59'33" E along'said west margin a distance of 41.27
feet;
Thence 1.1 87 °45'57" W a distance of 210.00 feet to the true point
of beginning;
Thence continuing N 87°45'57" 11 a distance of 19.11 feet;
Thence S 42 °30'27" W a distance of 537.51 feet to a point on a
line that is 19.5 feet southwesterly of the centerline of a 19.
'foot wide railroad.easenent established 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
U.) which bears 17 48 °31'03" E having a radius of 429.78 feet an
aD arc distance of 433.55 feet through a central angle of 57 °47'
O 52";
. Thence continuing along said parallel line N 16 °18'55" E a
Cl distance of 50.03 feet to the south'line'of said Section 26;
Thence S 87 °45'57" E along said south line a distance of 20.10
feet to the centerline of an existing railroad easement
Q established by instrument recorded under King County Receivifg
CI No:'7711090221; ,• •
CD Thence N 16 °18'55" E along said centerline a distance of 164.16
feet; 1 •
Thence along a curve to the right having a radius of 661.74 feet,
an arc distance of 184.73 feet through a central angle of
15 °59'40 ";
Thence N 00 °19'15" E along said centerline a distance :of 528.93
feet; , f .
Thence continuing along said centerline on a curve to the right
having a radius of 410.28 feet, an arc distance of 239.28 feet
through a central angle of 33 °24'54 "; 1 •
Thence • leaving said centerline of railroad easement, S. 8B °51'
25" E a distance of 34.64 feet; • • '
Thence S 01 °08'35" W a distance of 198.66 feet;
Thence.N 86 °40'03" E a distance of 274.13 feet to the west
margin of Southcenter Parkway as established in King County
Auditor's File No. 6343868;
Thence southerly along said west margin on a curve to the
left, the center of which bears N 85 °13'08" E having a radius
of 991.37 feet, an arc distance of 40.00 feet through a central
angle of 02 °18'42 "; • t
Thence leaving said west. margin- of Southcenter Parkway S 85°
12'11" i•1 a distance of 182.00 feet;
Thence S 11 °59'33" E'a distance of 261.67 feet;
Thence S 88 °25'36" E a distance of 115.17 feet; •
.Thence N 11 °59'33" W a distance of 91.74'feet;
Thence S 88 °25'36" E a distance of 66.85.feet to the west
margin of Southcenter Parkway as established in King County
1"' 1; 6343667;
Auditor' s ..mac o. 6 ,,
Thence S 11 °59'33" E along said west margin as established
in King County Auditor's File No. 6343867 and No. 6343865 a
distance of 531.16 feet;
Thence leaving said west margin, N 87°45'57" W a distance of
210.00 feet;
Thence S'11°59 1: a distance of 235.54 feet to the true
point of beginning.
4
.. .
..THAT, PORTION OF THE SOUTHEAST( ASTER OF THE SOUTHWEST QUARTER OF ( •i10':
26, TOWNSHIP 23 NORTH, RANGE 4 SOUTHEAST( W.M.. IN MING COUNTY, WAStiI'4GI.•.4,
DESCRIBED AS FELLOWS:
BEGINNING AT THE SOUTHEAST CORNER CF SAID SOUTHEAST oUAF,TE= • ^.F THE
SOUTHWEST OUARTER CF SECTIO% 26; THENCE NORTH °7° -,5'57" wEST ALONG THE
SOUTH LINE OF SAIJ SOUTHEAST QUARTER OF THE SOUTHEEST OUARTER A DISTANCE
OF 481.05 FEET TO THE WEST MARGIN OF SOUTNCE".TER PARKAAY AS ESTAPLI5 EC IN
KING COUNTY AUDITOR'S FILE NOS. 6343862, 6343663. 6343865. b343667 A'.D
6343868; THENCE NORTH 11 °5 F. EST ALONG SAID' WEST NARGI'. A LIST A•.CE 0°
830.58 FEET; THENCE CONTINUING ALONG SAID WEST MARGIN 0. A CURVE TO THE
RIGHT, HAVING A RADIUS OF 991.37 FEET, AN ARC DISTANCE 0° 227.25 FEET
THROUGH A CENTRAL ANGLE OF 13 °08'09 "; THENCE NORTH 01 °06'35i EAST ALONG
SAID WEST MARGIN A GISTANCE OF 74.95 FEET TO THE TRUE POINT PF 5EGIN'.I`IG;
THENCE NORTH 88 °51'25" WEST A DISTANCE OF 69.00 FEET; THENCE NORTH
01 °08'35" EAST A DISTANCE OF 12.00 FEET; THENCE NORTH 88 °51'25" WEST A
DISTANCE OF 38.00 FEET; THENCE SOUTH 01 °08'35" ++EST A DISTANCE OF 12.00
FEET; THENCE NORTH 8PO51'25" REST A DISTANCE OF 195.64 FEET TO THE CENTEP
OF A RAILROAD EASEMENT AS DESCRIBED IN INSTRUMENT RECORDED UNDER KING
COUNTY RECEIVING N0. 7711090221; THENCE NORTHEASTERLY ALONG THE
CENTERLINE OF SAID RAILROAD EASEMENT ON A CURVE TO THE RIGHT THE CENTER OF
WHICH BEARS SOUTH 5b ° 15'51" EAST HAVING A RACIUS OF 410.28 FEET AN ARC
DISTANCE OF 102.00 FEET THROUGH A CENTRAL ANGLE OF 14 °14'40 "; THENCE
NORTH 12 °28'30" WEST A DISTANCE OF 33.38 FEET; THENCE NORTH 04 °34'26" •
WEST A DISTANCE OF 50.16 FEET; THENCE NORTH 01 0 41'39" EAST A DISTANCE OF
54.76 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER; THENCE SOUTH 87 °55'53" EAST ALONG SAID NORTH LINE A DISTANCE OF
250.00 FEET TO SAID WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH
01 °08'35" WEST ALONG SAID WEST MARGIN A DISTANCE OF 211.33 FEET TO THE
TRUE POINT OF EEGINNING.
PARCEL 2A:
THAT PORTION OF THE SOUTHEAST OUARTER OF THE SOUTHWEST QUARTER OF SECTION
26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.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. 6343062. 6343863. 6343865r 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 8R °25'36" ZEST A
DISTANCE OF 66.85 FEET; THENCE SOUTH 11 °59'33" EAST A DISTANCE OF 91.74
FEET; THENCE NORTH 88 0 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 PARY
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 29:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
26, TOWNSHIP 23 NORTH, RANGE 4 EAST, A.M., IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER f)F 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. 6343867, 6343863. 6343965, 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 0 12'41" TO THE TRUE POINT OE BEGINNING;
THENCE SOUTH 86 0 40'03" WEST A DISTANCE OF 274.13 FEET; THENCE NORTH
O1 °08'35" EAST A DISTANCE OF 30.66 FEET; THENCE SOUTH 88 0 51'25" EAST A
DISTANCE OF 272.38 FEET TO SAID WEST MARGIN OF SOUTHCENTER SOUTH; THENCE
SOUTHEPLY ALONG SAID WEST MARGIN ALONG A CURVE TO THE LEFT, THE CENTER OF
WHICH BEARS NORTH 85 0 45'26" EAST HAVING A PA01U5 OF 991.37 FEET AN ARC
DISTANCE OF 9.31 FEET THROUGH A CENTRAL ANGLE OF 00 ° 32'16" TO THE TRUE
POINT OF BEGINNING.
PARCEL 3:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTIUI
26, TOWNSHIP 23 NORTH, RANGE 4 EAST. H.M., IN KING COUNTY. WASHINGTUN . AND
THE NORTHEAST OUARTER OF THE NORTHWEST QUARTER OF SECTION 35. TOWNSHIP 23
NORTH, RANGE 4 EAST. W.M., IN KING COUNTY, r+AS'-IINGTJN. DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE
NORTHWEST CUARTER; THENCE NORTH 87 °45'57" WEST ALONG THE NORTH LINE OF
SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A CISTA'ICE OF 481.35 FEET
TO THE WEST MARGIN OF SOUTHCENTEF PARKWAY. BEING THE TRUE POINT OF
BEGINNING; THENCE SOUTH 11 °59'33" EAST ALONG SAID WEST MARGIN, A DISTANCE
OF 41.27 FEET; THENCE NORTH 87 °45'57" WEST 210.00 FEET; THENCE NORTH
11 °59'33" WEST 235.54 FEET; THENCE SOUTH 87 0 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.
Lec.il Uescri^ ion of Carria:. M oue." s tc Pa :wn% rla a Wort.
That portion of the southeast quarter of the southwest quarter
of Section 2G, Tcwnship 23 North, Range 4 East, w. M. in the
City of Tukwila, County of King, State of Washington described
as follows:
Beginning at the southeast corner of said southeast quarter of
the southwest quarter of Secticn 26;
Thence N 87 °45'57" h 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 :;os. 6343862, 6343863, 6343865,
6343867 and 6343568;
Thence N 11 °50 W along said west margin a distance of
830.58 feet;
Thence continuing along said west margin on a curve to the
right'having a radius of 991.37 feet, an arc distance of 134.09
feet through a central angle of C7 °44'59" to the true point of
beginning;
Thence N 88 °51 W a distance of 272.38 feet;
Thence N. 01 °00'35" E a distance of 168:00 feet;
Thence S 88 °51'25" E a distance of 161.00 feet;
Thence N O1 °08'35" E a distance of 12.00 feet;
Thence S 88 °S1'25" E a distance of 38.00 feet;
Thence S 01 °09'35" W a distance of 12.00 feet;
Thence S 88 °51'25" E a distance of 69.00 feet to said west
margin of Southcenter Parkway and the northeast corner of the
" herein described tract;
Thence S 01 °08'35" N along said west margin a distance of
cn 74.95 feet;
.Thence continuing along said west margin on a curve to the left '
Cpl having a radius of 901.37 feet, an arc distance of 93.19 feet
0 through a central angle of 05 °23'09" to the true point of beginning.
.Legal Description of the North Canyon Area
M
op That portion of the southeast quarter of the southwest
• quarter of Section 26, Township 23 North, Range 4 East,
W. M. in the City of Tukwila, King County, Washington
described as follows:
Beginning at the southeast corner of said southeast
quarter of the southwest quarter of Section 26;
Thence N 87 °45'57" W along the south line of said
southeast quarter of the southwest' quarter a distance
of 1312.15 feet to the southwest corner of said southeast
quarter of the southwest quarter;
Thence N 00 °50'36" E along the west of said
southeast quarter of the southwest quarter a distance
of 819.01 feet to the true point of beginning;
Thence continuing N 00 °50'36" E along said west line a
distance of 140.00 feet;.
Thence N 60 °27'22° E along the toe of slope to the north
a distance of 49.54 feet;
Thence N 69 °14'47" E along said toe a distance of 50.80
feet;
Thence N 76 °14'21" E along said toe a distance of 50.45
feet;
Thence N 83 °54'41" E along said toe a distance of 75.43
feet;
Thence S 89 °11'35" E along said toe a distance of 70.65
feet•to the centerline of a railroad easement recorded
under King County Receiving No. 7711090221;
Thence along said centerline on a curve to the left, the
center of which bears S 66 °50'05" E having a radius of
410.28 feet through a central angle of 22 °50'40" an arc
distance of 163.58 feet;
Thence S 00 °19'15" W along said centerline a distance of
20.71 feet;
Thence leaving said centerline S 85 °08'34" W a distance
of 255.03 feet to the true point of beginning.
EXCEPT the east 11 feet thereof.
••
8301030385
Jack A. Benaroya Co mp ��y 5950 Sixth Avenue South, 5e....,:e, WA 98108 (206)762 4750
November 3, 1982
Brad Collins
Director, Planning Department
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
EXHIBIT 2
Re: Application to Planning Commission for Cooperative
Parking Facility for Parkway Plaza
This is an application pursuant to Title 18.56.070 for Planning Commission
approval of.a Cooperative Parking Facility at Parkway Plaza, located on
the east side of Southcenter Parkway (commonly known as 17300 to 17790
Southcenter Parkway).
The basis and support for this request are as follows:
1. New Five -Plex Theater Proposed. An application for a building
permit is file with the City on behalf of J.R. Cinemas, Inc. (Moyer
Theaters) to convert the easterly 22,585 square feet of the former Nerland's
Home Furnishings. space to a movie theater. This is the same tenant who
operates the Crossroads Cinemas in Bellevue, as well as other theaters.
The proposed configuration of the new Tukwila theater is a "five -plex"
consisting of one main auditorium and four smaller cinemas. The total
seating capacity for all five cinemas will be 1,800 seats.
Since Parkway Plaza is not classified as a "shopping center (mall), planned,"
as defined.by Title 18.06.730 of the Zoning Code, each component retail
operation in Parkway Plaza is served by sufficient parking to meet the
Zoning Code as if it were a free - standing building with a single use.
Introduction of a theater operation within Parkway Plaza with heavy emphasis
on weekend evening peak hours leads to an analysis of the actual parking
loads of each use within the shopping center. It is apparent that there is
a "cooperative use" arrangement among the various retail operations, so that
the literal requirements of the Zoning Code lead to an excess of parking
area over that actually required.
INDUSTRIAL PARKS /WAREHOUSES /OFFICE BUILDINGS /SHOPPING CENTERS AND SPECIALIZED MERCHANDISE MARTS
Brad Collins
November 3, 1982
Page Two
2. Jafco Store Reconfiguration. The recessed area south of the main
Jafco store and north of the former Sam Heller store has been used by Jafco
as a distribution and storage facility. Therefore, in calculating the overall
parking requirements for Parkway Plaza, we and the City have traditionally
accounted for that area as "warehouse" rather than "retail." Due to changing
distribution patterns, Jafco anticipates that it will require significantly .
less storage and distribution space in this location than has been required
over the past ten years since the store went into operation. It is likely
that some portion of this space, since it has exposure to Southcenter Parkway,
will eventually be converted to more retail oriented uses.
3. Parking Space Analysis.
A. Parkway Plaza now provides 1,515 parking stalls. Existing uses •
under the current Code require 1,192 stalls, for a current surplus of 323
parking stalls. According to Planning Department calculation, the net additional
Code requirement for the theater is 468 spaces (524 less 56 previously allotted
to that area as retail). Thus, per Code, introduction of the theater produces
a deficit of 145 stalls. We estimate that an additional 155 stalls may be
required if the contemplated renovation of the Jafco warehouse area occurs.
Thus, Parkway Plaza, by strict Code analysis, would have 300 fewer stalls
than required.. —
B. Pavilion Outlet Center. Per Code, the Pavilion is required to
have 740 spaces. Including the Schoenbachler leased lot south of 180th Street,
1,018 spaces are provided, for a surplus of 278 stalls.
C. Parkway Plaza West. Per Code, the Parkway Plaza Office Building
and the four other buildings in Parkway Plaza West are required to have 897
spaces. 1,331 are provided, for a surplus of 434.
4. Parkway Plaza Parking As A Facility. The retail stores
in Parkway Plaza all maintain regular shopping center hours of operation,
similar to, those of the Southcenter Mall. These retail 'stores are principally
oriented toward "hardgoods ", i.e. furniture and the like, as opposed to
"softgoods ", i.e. apparel, shoes, and the like. Traditionally, because
Parkway Plaza is a hardgoods center, and is principally promoted as a home
•furnishings center, the Code - required parking has been far in excess of
that actually used by patrons of these. stores. And, all of this furniture
and home furnishing shopping occurs within the normal shopping center hours,
which exclude weekend evenings, after 9:00 p.m. Monday through Friday, and
6:00 p.m. and 5:00 p.m. on Saturday and Sunday, respectively. In addition,
there are four food and beverage establishments in Parkway Plaza (Sandwich
Shop & Pie Place, Shortacres Tavern, Mayflower of China, and Red Robin) which
have hours of operation extending into the late evening hours.
Brad Collins
November 3, 1982
Page Three
The following summarizes the current uses at Parkway Plaza:
No. of Stores Type of Use Sq.Ft. :% of Total Hours
26 Retail Hardgoods 228,994 43% Normal retail
12 Retail Softgoods 94,656 18% Normal retail
4 Food & Beverage 19,036 4% Extended evening
hours
4 Service, warehouse, Daytime - light
or vacant 166,640 31% use
1 Theater 22,585 4% Nights, evenings,
weekend matinees
47 531,911 100%
It is apparent from this analysis that only 8% of the total square footage in
Parkway Plaza (including the proposed theater) would be oriented toward nights
and late evening hours of operation. Secondly, even that portion of the space
devoted to daytime use is heavily weighted toward lighter parking demand uses,
such as furniture and home furnishings. It is for these reasons that the
parking lots at Parkway Plaza are so often under -used even during normal retail
hours.
This presents a classic case where the cooperative parking facility ought to
be recognized and sanctioned.
In fact, a movie theater which plans to , open at 5:30 p.m. on weeknights, and
will do most of its business on weekend nights, will be using the same parking
now devoted to retail stores which otherwise would sit vacant at those hours.
In addition, when the surplus of available parking stalls in Parkway Plaza
West is observed, it is apparent that there would be no real parking shortage
for the theater. This may be enhanced by.theater patrons who elect to park
in Parkway Plaza West while dining at one of the three restaurants on that
side of the street, and then walk to the theater. Introduction of the theater
is advocated on economic grounds by both the property owner and the operator/
tenant because there is sufficient parking available from a practical point
of view.
Respectfully submitted,
JACK A. BENAROYA COMPANY
1 Benoliel, General Counsel
CITY OF TUKWILA
PLANNING DIVISION
EXHIBIT 3
, PARKWAY PLAZA PARKING ALLOCATION
PLANNING COMMISSION
STAFF REPORT
Required Provided
Retail Uses. 809 809
Food Services 160 160
Warehousing 167 167
Theater 524 379
1660 1515
Approved deficit for theater cooperative parking 145
Approved residual deficit for future tenant 155 155
change(s)* cooperative parking
1815 1815
*Anticipated parking need for future Jafco retail space
Dear Mr. Fehnel:
•
Mr. Bob Fehnel
The Jack A. Benaroya Company
5950 - 6th Avenue South
Seattle, WA 98108
Re: Parkway Plaza North
Theatre Complex
Major Theatre
Theatre 2
Theatre 3
Theatre 4
Theatre 5
Total Capacity
Last week at Southcenter, we found
showing, a demand df 0.22 auto trips
trips per seat. This suggested •a
(24.4). Since both had two complete
EXHIBIT 4
chri& opher arovun pe.
9688 rainier avenue s
&e�aktae vrashinQQbn
tel:7234567 " 98118
November 9, 1982
In accordance with your request of November 2nd and your site data, we are
setting out our research and findings on a possible trip generation rate and
attendant parking demand for the theatre complex.
We are assuming that the theatre complex will include the following:
808 seats
270 "
184
256
182
1700 seats
"
It
As you know, the matter of theatre occupancy is subject to the films being
shown along with other societal matters and I have not been able to find a
definitive treatise on the subject within the Institite of Transportation
Engineer's publications. Indeed, there is no published data for theatre
traffic of any kind be it downtown or suburban.
I had done previous research (1980) for a proposed theatre in the South Hill
area of Puyallup and• so, for the Parkway Plaza complex, have assumed
attendance parameters that follow similar lines. The theatres used in our
research were all located in Tacoma and showed films of the type expected to
be shown in the Parkway Plaza setting. Conversely, they were all freestanding
and were not clustered or grouped, per se. The theatres were the Narrows,
Proctor, Rialto, Roxy and Temple. Combined, they experienced an average
weekday (total) demand of 0.67 vehicular trips per seat. Friday had a demand
greater than the average weekday by a factor of 1.836 and Saturday had a
demand greater by a factor of .2.368.
for an average weekday, for the first
per seat and at Factoria Square some 0.24
theatre occupancy of about 25 percent
shows per evening, and since it might be
..v ......lu.. l /1, 1/6.0.L.
page e 2
assumed equal attendance for both shows, the maximum trip rate of 0.48
. vehicular trips per seat for the average weekday evening might be appropriate
since it seems to be in fairly close conformity with the Tacoma data. Vehicle
occupancy in the Tacoma study was higher than the local data at 2.67 persons
per car versus the local data at 2.25 persons per car.
I asked twelve individuals at the Factoria Square group of theatres if their
"movie" trip was combined with a shopping trip. It was not, for any of the
twelve. I asked if the trip origin was from the home, from work, or from
another place. Except for one (who had picked up a companion), the origin of
the trip was the home. Recognizing that this was a small size sample, n 30,
analysis should be by a Student's 'T' test if necessary. My belief is that it
is not really necessary considering the uniformity of answers and it may thus
be considered appropriate as it stands for any decision making you wish.
Parking demand at the Southcenter theatre on Monday evening was 133 vehicles
which represented a rate of 9.23 seats per parking stall. This was not a busy
or crowded show, from our experiences. On the same evening, of 499 parking
stalls in the northern portion of the parking lot at Parkway Plaza, extending
from the south side by the proposed theatre to the north side and in front of
r the'Red Robbin, only 125 were occupied at 7:45 on Monday evening. Most of the
; .l demand was by the Red Robbin. Behind the building, on the north and east
sides, there were an addtional 22 vehicles parked. Probably these were long
term parkers - employees.
c1
oD For projecting possible automobile travel demands, given that the local shows
of the last two weeks are average and represent the mean auto - travel demands
of expected patrons, and further assuming an average weekday trip rate of 0.67
trips /seat, a demand of:
0.67(1700) = 1140 vehicle trips per day (AWDT)
may be expected. With an average automobile occupancy of 2.25
persons /vehicle, the average weekday, Monday thru Thursday, theatre demand
would be some 3,150 persons which for . the most part covers the evening
performances.
For a Friday, the vehicular and patron demand would be:
0.67(1700)(1.836) ;2100 trips /day for 4700 patrons
and for a Saturday, it would be:
0.67(1700)(2.368) = 2700 trips /day for 6100 patrons.
•�
Mr. Fehnel
;November 9, 1982
• page 3
if the peak hour arrivals for the shows is taken in the 5:30 to 6:30 range or
at a time when the peak hour of the steeet system has just ended, and if a
theatre occupancy for all the theatres is taken at the 70 percent level, then
the peak theatre travel demands would be in the order of:
1700(.70)/2.25 = 529 vehicles (rounded to 530 vehicles) per hour
However, with five theatres in the complex and projected 15 minute service
intervals, only four of the five theatres would inpact the street system in
the time frame closest to the evening peak hour. The hourly demand, made up
of the four theaters would then be:
In 808 seats 251 arrivals
C/ 181 seats 56 arrivals
C 123 seats 38 arrivals
01 172 seats 54 arrivals
C Total vehicular arrivals 399
CD
t�
ap
Traffic from 5:00 to 6:00 between Zack's and Simon's is described below and,
in brackets, the expected theatre traffic (arrivals) where the demand has been
rounded from the 399 v.p.h. to 400 v.p.h.
(74 ( z
Red Robbin 1 e /S
S"..1 .176S-
y 2 r (z 9)
(23T- aG (R
473-7 M /2 (7.P •
28 S
tack's Ethan Allen
Directional Desion Hour Volumes
(With and Without Theatre Traffic)
( .04)
7 %
2/ 2 �
8 � 8
Sol
Simon's
.
. Mr. •Fehnel
November 9,1982
page 4
Time
As the evening wears on, traffic in the area steadily decreases in terms of
shopping traffic and, ultimately, the only component of significance will be
that traffic associated with the theatres and late night diners.
Hourly demand on Southcenter Parkway declines in the order of:
N.B. S.B.
6:00 to 7:00 p.m. 546 601
7:00 to 8:00 469 570
8:00 to 9:00 391 370
LtO
ap 9:00 to 10:00 257 262
co O 11:00 to midnight 121 95
yl
which may be compared to the data shown in the figure, 595 N.B. and 683 S.B.
vehicles per hour.
o0 • In terms of traffic operations, the Level of Service (LOS) will be A for
vehicles turning left from Southcenter Parkway into either the theatre parking
lot or to the parking ots on the west side of the road. This will also be
the case for vehicles turning right from these lots. However, it is expected
that the LOS will drop to E for vehicles turning left from these parking lots,
if no use is made of the two -way left -turn lane. If the two -way left -turn
lane is used properly, adequate levels of service will be assured, better than
"C" (treating each driveway as a "Tee" intersection in a theoretical sense).
Parking demand will be most critical when the theatre lets out and the next
show's patrons are entering. If the total demand for parking is 400 spaces
for the first showing, and if the large theatre is the first to let out
discharging some 250 vehicles while the next set of 250 vehicles is entering,
the total parking demand given 5 minute for parking and unparking maneuvers .
suggests a total need for:
400 stalls (parked) plus 83 (maneuvering) = 483 stalls
On the weeknight, of 499 "proximate" stalls, 125 were used by existing
facility patrons so that a current evening "surplus" of some 374 stalls is now
available. Thus, given the above demands, it is possible that with a series
of well attended shows, a shortage of about a hundred stall could be felt.•
Consequently, parking demand will spill over to the south by Jafco, or to the
north and east where, presently, employee parking tends to dominate.
Mr. Fehnel
• November 9, 1982
page 5
b
To conclude, while surplus parking is now available in the evenings by the
theatre site, it is possible that this surplus could fall to a negative number
given well attended shows. The Level of Servive on the street system will be
adequate, except for some of the outbound left -turn movements from the side
driveways. It is not expected that movie goers will combine their shopping
and theatre trips. Rather, they will likely be separate. The lack of any
sound traffic data for theatres suggests that the above conclusions be
tempered by judgements associated with the experience of the proposed theater
operator. In the last two weeks, this consultant has not had any trouble
entering, parking, unparking or leaving suburban theatres.
Yours truly,
C. V. Brown, P.E.
cvb /s