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HomeMy WebLinkAboutPermit L04-016 - CITY OF TUKWILA - 12014 44TH PLACE SOUTH NON-CONFORMING USECITY OF TUKWILA 12014 44 PL S L04 -016 June 15, 2006 Pat Malara Western Cascade 12065 44 Place S. Tukwila, WA 98178 RE: Preservation of Non - Conforming Use Rights on 12014 44 Place South Dear Mr. Malara, You have asked for confirmation that the non - conforming rights to perform have not lapsed on the property at 12014 44 Place South. Based upon your June 13, 2006 letter and the lease between PCM Properties and Western Cascade Truck, Inc dated May 1, 2000 (a copy of which you previously provided), I have determined that the previously established non - confirming rights relating to this property have not been abandoned. The above uses may continue until such time as the site is vacant or a different use is established for more than six consecutive months or 365 days in a three -year time period, TMC 18.70.040. If you have any additional questions or comments, please call me at (206) 431 -3670. Steve Lancaster DCD Director NG Q: \LETTERS \Malara2.DOC City of f TIZkINllc2 Department of Community Development Steve Lancaster, Director Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses Page 1 of 2 06/14/2006 4:27:00 PM Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206-431-3665 June 15, 2006 Pat Malara Western Cascade 12065 44 Place S. Tukwila, WA 98178 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director RE: Preservation of Non - Conforming Use Rights on 12014 44 Place South Dear Mr. Malara, You have asked for confirmation that the non - conforming rights to perform Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses have not lapsed on the property at 12014 44 Place South. Based upon your June 13, 2006 letter and the lease between PCM Properties and Western Cascade Truck, Inc dated May 1, 2000 (a copy of which you previously provided), I have determined that the previously established non - confirming rights relating to this property have not been abandoned. The above uses may continue until such time as the site is vacant or a different use is established for more than six consecutive months or 365 days in a three -year time period, TMC 18.70.040. If you have any additional questions or comments, please call me at (206) 431 -3670. Steve Lancaster DCD Director NG Q:\LETTERS \Malara2.DOC Page 1 of 2 06/14/2006 4:27:00 PM 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206- 431 -3665 888.228.2658 .ocal 206.767.2151 Fax 206.767.2157 AVIATION DRY BULK PETROLEUM PROPANE WORK TRUCKS Cargo Tank Repair & Fabrication Full Service Parts Department We Deliver! CSC Container Inspections & Repair Meter/Register Sales & Service State Certified Meter Prover Full Service Fleet Maintenance (Truck Tank & Equipment) Custom: Suction & Discharge Systems NBBI "R" Stamp Certified Welders Service Trucks Computerized Maintenance Record Keeping DOT Inspections Compliance Repairs WA State Certified Emissions Test & Repair Center Registered Importer Shop Hours: On Call 24/7 Office Hours: Pacific Time lam — 6pm June 13, 2006 Mr. Lancaster, WESTFN R CASCADE Pt It1:1oi1 OF I:Iltl ;t► T1 I\S. t:o \T\I \E:I{S. TRICKS & EQ1 IP11F \T 1 1.1...E • N L 10 1( L • 1' 11I "1',� Steve Lancaster Director Department of Community Development City of Tukwila 6300 Southcenter BLVD, Suite 100 Tukwila, WA 98188 -2544 Fax: 206 -431 -3665 Phone: 206 -431 -3670 E - Mail: slancastert7a,ci.tukwila.wa.us Re: Letter Confirming continued use of Property located at 12014 44th place so., Tukwila, WA 98178 As requested, I am sending this letter of confirmation regarding our continued use of the property located at 12014 44th Place South, Tukwila, WA 98178 ( "Garage "). We have been operating our business (Western Cascade Truck) on this property since the day we purchased it. Western Cascade Truck entered into a 10 year lease agreement for the Garage on May 1, 2000 (Closing Date on property). At times we have sub - leased a portion of the facility to various other businesses, but Western Cascade Truck has always been the master tenant operating on site — working on cargo tanks and other equipment as needed. The tenants we have sub - leased a portion of the property to included an automotive repair shop (at the time that use was allowed). The repair shop was ultimately forced out due to a change in use of the property by the City of Tukwila, after the purchase of the property. After the repair shop moved out, Seattle Commercial Tire sub - leased the front of the shop and Dennis Connors Welding ( "Connors ") sub - leased the back portion of the shop. Seattle Commercial Tire has since moved out, but Connors continues to sub -lease a portion of the property from Western Cascade Truck performing welding and fabrication of metal skid assemblies. As you can see, Western Cascade Truck has been operating on this property continuously since it was purchased back in 2000. Additionally, via a telephone conversation June 12, 2006, your department confirmed our continued use of the property after consulting with the Tukwila City Attorney. 12065 44th Place South • Tukwila, WA • 98178 • www.westemcascade.com • sales @westerncascade.com To confirm, we are currently operating under the following City use definition: "Manufacturing, processing and or assembling of previously manufactured metals, such as iron and steel fabrication: steel production by electrode arc melting, oxygen refining, and consumable electrode melting: and similar industrial uses." It would be greatly appreciated if you could immediately forward verification of our continued use in writing and send the verification via email due to the urgency of the request. Thank you in advance for your immediate attention to this matter. If you have any questions please don't hesitate to call. Best Regards, Pat Malara, President 12065 44th Place South • Tukwila, WA • 98178 • www.westemcascade.com • sales @westerncascade.com 888.228.2658 .ocal 206.767.2151 Fax 206.767.2157 AVIATION DRY BULK PETROLEUM PROPANE WORK TRUCKS Cargo Tank Repair & Fabrication Full Service Parts Department We Deliver! CSC Container Inspections & Repair Meter /Register Sales & Service State Certified Meter Prover Full Service Fleet Maintenance (Truck Tank & Equipment) Custom: Suction & Discharge Systems NBBI "R" Stamp Certified Welders Service Trucks Computerized Maintenance Record Keeping DOT Inspections Compliance Repairs WA State Certified Emissions Test & Repair Center Registered Importer Shop Hours: On Call 24/7 Office Hours: Pacific Time 7am — 6pm May 16, 2006 Fax: 206 -431 -3665 Phone: 206 -431 -3670 E -Mail: slancasterta7,ci.tukwila.wa.us Mr. Lancaster, Best Regards, Pat Malara, President WESTERN CASCADE, I'CRIF.IOIt OF I:111:o 'MKS. CONTAINERS. TRUCKS << EQCI1'1IE \T f L • .s Lill 1( 1. • 1' I/1 Steve Lancaster Director Department of Community Development City of Tukwila 6300 Southcenter BLVD, Suite 100 Tukwila, WA 98188 -2544 Re: Letter Confirming continued use of Property located at 12014 44th place so., Tukwila, WA 98178 This letter is confirming continued use of our property located at 12014 44th Place South, Tukwila, WA. 98178. We have been operating on this property since the day we purchased the property. Western Cascade Truck entered into a 10 year lease agreement for the garage with PCM Properties on May 1, 2000. At times we have sub - leased a portion of the facility to various other businesses. We have been operating under the City use definition as follows: "Manufacturing, processing and or assembling of previously manufactured metals, such as iron and steel fabrication: steel production by electrode arc melting, oxygen refining, and consumable electrode melting: and similar industrial uses." If you have any questions please don't hesitate to call. 12065 44th Place South • Tukwila, WA • 98178 • www.westemcascade.com • sales @westemcascade.com March 26, 2004 Pat Malara Western Cascade 12065 44 Place S Tukwila, WA 98178 RE: Clarification on Seattle Commercial Tire Dear Mr. Malara: In response to our telephone conversation on March 25, 2004, I have written this letter to clarify the City's position on Seattle Commercial Tire activities at 12014 44 Place S. Seattle Commercial Tire is permitted to store vehicles totally within the commercial structure on the property. No business license is required for this activity. As has been stated in the March 1, 2004 letter, all tires on the property must be removed by June 1, 2004. If you have any questions, please call (206) 431 -3670. incerely, e J c 'ace puty Director City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director cc. L04 -016 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 MEMO TO: File City of Tukwila Department of Community Development Steve Lancaster, Director FROM: Brandon J. Miles, Assistant Planner f 2)J ' ) RE: Non - conforming Use at 12014 44 Place S DATE: March 25, 2004 The property at 12014 44 Place S is zoned Low Density Residential. There is currently an industrial operation located at the site and the use is vested non - conforming. Western Cascade is the current operator on the property. In 2000, the City entered into an agreement with Western Cascade on the business would be classified. The following is the vested use that the property is allowed to operate under: "Manufacturing, processing and /or assembling of previously manufactured metals, such as iron, and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting, and similar industrial uses." More information on the history of this property can be found in files L99 -0060 and L2000 -062. Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 LEASE AGREEMENT (Multi- Tenant Form) This Has Been Prepared For Submission To Your Attorney For Review And Approval Prior To Signing No Representation Is Made By Licensee As To Its Legal Sufficiency Or Tax Consequences CBA Text Disclaimer. Text deleted by licensee indicated by strike. New text inserted by licensee indicated by small capital letters. 1 THIS LEASE AGREEMENT (the 'Lease") is entered into this 1st day of May ,2000 between 2 PCM Properties ( "Landlord "), an dWerstern Cascade ("Tenant). Landlord and Tenant agree as follows: Truck, Inc. 3 1. LEASE SUMMARY. sin o,' CM Form MT.I.S Red 6/97 Pap I of l yrghi 199 Commercial Brokers Association ALL RIGHTS RESERVED 4 a. Leased Premises. The leased commercial real estate (the "Premises") consist of an agreed area of 5 rentable- square feet and are outlined on the floor plan attached as Exhibit A, located on the land legally 6 described on attached Exhibit B, and is commonly known as 12014 44th P1 S Tukwila 7 TUKWILA, WA 98178. The Premises do not include, and Landlord reserves, the exterior walls and roof of 8 the Premises, the land beneath the Premises, the pipes and ducts, conduits, wires, fixtures, and "Building"). 9 The Building, the land upon which it is situated, all other improvements located on such land, and all common 10 areas appurtenant to the Building are referred to herein as the 'Property." aI,,� 11 b. Lease Commencement Date. The Lease shall commence on it / . 0- or such earlier or later 12 date as provided In Section 3 (the "Commencement Date"). 13 c. Lease Termination Date. The Lease shall terminate at midnight on x 55/ ?Dl D. or such earlier or 14 later date as provided in Section 3 (the 'Termination Date'). 15 d. Base Rent. The base monthly rent shall be (check one): $ 1 or 4ccording to the Rent Rider 16 attached hereto. Rent shall be payable at Landlord's address o in Section 1(h) below, or such other place 17 designated in writing by Landlord. 18 e. Prepaid Rent. Upon execution of this Lease, Tenant shall deliver to Landlord the sum of $ as 19 prepaid rent, to be applied As $' • , to the Rent due for the FIRST month(s) of the Lease OWED, AND 20 $' ; AS SECURITY DEPOSIT.. 21 f. Security Deposit. The amount of the security deposit is . $ - 22 g. Permitted Use. The Premises shall be used only for •; 23 , -MAINTENAfteE and for no otherpurpose without the prior written consent of Land! d. 24 h. Notice and Payment Addresses: Dr VU-Lt a " 25 Landlord: 12065 44' PLACE SOUTH, CUITC 1, •TUKWILA, WA 98178 Fax No::- 26 Tenant: 12014 44th P1 S. Tukwila WA 98178 Fax No.: 27 I. Tenant's Pro Rata Share. Landlord and Tenant agree that Tenant's Pro Rata Share is based on 28 the ratio of the agreed rentable area of the Premises to the agreed rentable area of the Building and all other 29 buildings on the Property as of the date of this Lease. 30 2. PREMISES. Landlord leases to Tenant, and Tenant leases from Landlord the Premises upon the terms 31 specified in this Lease. 32 3. TERM. 33 a. Commencement Date. The Lease shall commence on the date specified in Section 1(b), or on such 34 earlier or later date as may be specified by written notice delivered by Landlord to Tenant advising Tenant that 35 the Premises are ready for possession and specifying the Commencement Date, which shall not be less than 36 30 (30 if not completed) days following the date of such notice. If Tenant occupies the Premises before the 37 Commencement Date specified in Section 1(b), then the Commencement Date shall be the date of occupancy. 38 If Landlord acts diligently to make the Premises available to Tenant, neither Landlord nor any agent or employee 39 of Landlord shall be liable for any damage or loss due to Landlord's inability or failure to deliver possession of 40 the Premises to Tenant as provided in this Lease. The Termination Date shall be modified upon any change in 41 the Commencement Date so that the length of the Lease term is not changed. If Landlord does not deliver 42 possession of the Premises to Tenant within 40 days (60 if not completed) after the date specified in Section CBA Form AMU awa 6197 mom hoe 2 of 2 IIMMILAL Ww. aileas LEASE AGREEMENT (Multi- Tenant Form) (CONTINUED) ® Copyngnl 1997 Commercial Bracers Association ALL RIGHTS RESERVED 43 1(b), Tenant may elect to cancel this Lease by giving written notice to Landlord within 10 days after such time 44 period ends. If Tenant gives such notice, the Lease shall be canceled, all prepaid rent and security deposits 45 shall be refunded to tenant, and neither Landlord nor Tenant shall have any further obligations to the other. The 46 first 'Lease Year shall commence on the Commencement Date and shall end on the date which is twelve (12) 47 months from the end of the month In which the Commencement Date occurs. Each successive Lease Year 48 during the initial term and any extension terms shall be twelve (12) months, commencing on the first day 49 following the end of the preceding Lease Year. except that the last Lease Year shall end on the Termination 50 Date. 51 b. Tenant Obligations. To the extent Tenant's tenant improvements are not completed in time for the Tenant 52 to occupy or take possession of the Premises on the Commencement Date due to the failure of Tenant to fulfill 53 any of its obligations under this Lease, the Lease shall nevertheless commence on the Commencement Date. 54 Except as specified elsewhere In this Lease, Landlord makes no representations or warranties to Tenant 55 regarding the Premises, including the structural condition of the Premises and the condition of all mechanical, 56 electrical, and other systems on the Premises. Except for any tenant improvements described on attached 57 Exhibit C to be completed by Landlord (defined therein as 'Landlord's Work "), Tenant shall be responsible for 58 performing any work necessary to bring the Premises into condition satisfactory to Tenant. By signing this 59 Lease, Tenant acknowledges that It has had adequate opportunity to investigate the Premises, acknowledges 60 responsibility for making any corrections, alterations and repairs to the Premises (other than the Landlord's 61 Work), and acknowledges that the time needed to complete any such items shall not delay the Commencement 62 Date. 63 Attached Exhibit C sets forth all Landlord's Work, if any, and all tenant improvements to be completed by Tenant 64 ('Tenant's Work, which is to be performed on the Premises. .Responsibilities for design, payment and 65 performance of all such work shall be as set forth on attached Exhibit C. If Tenant fails to notify Landlord of any 66 defects in the Landlord's Work within ten (10) days of delivery of possession to Tenant, Tenant shall be deemed 67 to have accepted the Premises In their then condition. If Tenant discovers any major defects in the Landlord's 68 Work during this 10-day period that would prevent Tenant from using the Premises for its intended purpose, 69 Tenant shall so notify Landlord In writing and the Commencement Date shall be delayed until after Landlord has 70 corrected the major defects and Tenant has had five (5) days to inspect and approve the Premises after 71 Landlord's correction of such defects. The Commencement Date shall not be delayed if Tenant's inspection 72 reveals minor defects In the Landlord's Work that will not prevent Tenant from using the Premises for their 73 intended purpose. Tenant shall prepare a punch list of all minor defects and provide the punch list to Landlord. 74 Landlord shall promptly correct all punch list items. 75 4. RENT. Tenant shall pay Landlord without demand, deduction or offset, in lawful money of the United States, the 76 monthly rental stated in Section 1(d) in advance on or before the first day of each month during the Lease Term 77 beginning on (check one): ® the Commencement Date, or ❑ (specify, but if no date specified, then 78 on the Commencement Date), and any other additional payments due to Landlord, Including Operating Costs 79 (collectively the 'Rent') when required under this Lease. Payments for any partial month at the beginning or 80 end of the Lease term shall be prorated. 81 If any sums payable by Tenant to Landlord under this Lease are not received by the fifth (5th) day of each 82 month, Tenant shall pay Landlord in addition to the amount due. for the cost of collecting and handling such late 83 payment, an amount equal to the greater of $100 or five percent (5 %) of the delinquent amount. In addition, all 84 delinquent sums payable by Tenant to Landlord and not paid within five days of the due date shall, at Landlord's 85 option, bear interest at the rate of twelve percent (12 %) per annum, or the highest rate of interest allowable by 86 law, whichever is less. Interest on all delinquent amounts shall be calculated from the original due date to the 87 date of payment. '"` 88 Landlord's acceptance of less than the full amount of any payment due from Tenant shall not be deemed an 89 accord and satisfaction or compromise of such payment unless Landlord specifically consents in writing to 90 payment of such lesser sum as an accord and satisfaction or compromise of the amount which Landlord claims. 91 5. SECURITY DEPOSIT. Upon execution of this Lease, Tenant shall deliver to Landlord the security deposit 92 specified in Section 1(f) above. Landlord may commingle the security deposit with its other funds. If Tenant 93 breaches any covenant or condition of this Lease, including but not limited to the payment of Rent, Landlord CBA form MT-LS RIVd 6197 min Page S of 3 LEASE AGREEMENT (Multi - Tenant Form) (CONTINUED) 0 Copyright 1997 Commercial Brokers Assoaatlon ALL RIGHTS RESERVED 94 may apply all or any part of the security deposit to the payment of any sum In default and any damage suffered 95 by Landlord as a result of Tenant's breach. In such event, Tenant shall, within five (5) days after written 96 demand therefor by Landlord, deposit with Landlord the amount so applied. Any payment to Landlord from the 97 security deposit shall not be construed as a payment of liquidated damages for any default. if Tenant complies 98 with all of the covenants and conditions of this Lease throughout the Lease term, the security deposit shall be 99 repaid to Tenant without interest within 30 days after the vacation of the Premises by Tenant. 100 6. USES. The Premises shall be used only for the use(s) specified in Section 1(g) above (the "Permitted Use "), 101 and for no other business or purpose without the prior written consent of Landlord. No act shall be done on or 102 around the Premises that is unlawful or that will increase the existing rate of insurance on the Premises or the 103 Building, or cause the cancellation of any Insurance on the Premises or the Building. Tenant shall not commit or 104 allow to be committed any waste upon the Premises, or any public or private nuisance. Tenant shall not do or 105 permit anything to be done in the Premises or on the Property which will obstruct or interfere with the rights of 106 other tenants or occupants of the Property, or their customers, clients and visitors, or to injure or annoy such 107 persons. 108 7. COMPLIANCE WiTH LAWS. Tenant shall not cause or permit the Premises to be used in any way which 109 violates any law, ordinance, or governmental regulation or order. Landlord represents to Tenant, to the best of 110 Landlord's knowledge, that with the exception of any Tenant's Work, as of the Commencement Date, the 111 Premises comply with . all applicable laws, rules, regulations, or orders, including without limitation, the 112 Americans With Disabilities Act, if applicable, and Landlord shall be responsible to promptly cure any 113 noncompliance which existed on the Commencement Date. Tenant shall be responsible for complying with all 114 laws applicable to the Premises as a result of Tenant's particular use, such as modifications required by the 115 Americans With Disabilities Act as a result of Tenant opening the Premises to the public as a place of public 116 accommodation. if the enactment or enforcement of any law, ordinance, regulation or code during the Lease 117 term requires any changes to the Premises during the Lease term, the Tenant shall perform all such changes at 118 its expense if the changes are required due to the nature of Tenant's activities at the Premises, or to alterations 119 that Tenant seeks to make to the Premises; otherwise, Landlord shall perform all such changes at its expense. 120 8. OPERATING COSTS. 121 a. Definition. As used herein, "Operating Costs' shall mean all costs of operating, maintaining and repairing 122 the Premises, the Building, and the Property, determined in accordance with generally accepted accounting 123 principles, and including without limitation the following: all taxes and assessments (including, but not limited to, 124 real and personal property taxes and assessments, local improvement district assessments and other special 125 purpose assessments, and taxes on rent or gross receipts); insurance premiums paid by Landlord and (to the 126 extent used) deductibles: water, sewer and all other utility charges (other than utilities separately metered and 127 paid directly by Tenant or other tenants); janitorial and all other cleaning services; refuse and trash removal; 128 refurbishing and repainting; carpet replacement; air conditioning, heating, ventilation and elevator service; pest 129 control; lighting systems, fire detection, FIRE ALARM SYSTEM MONITORING and security services; landscape 130 maintenance; management (fees andlor personnel costs); parking lot, road, sidewalk and driveway patching, 131 resurfacing and maintenance; snow and ice removal; amortization (in accordance with generally accepted 132 accounting principles) of capital improvements as Landlord may in the future install to comply with governmental 133 regulations and rules or undertaken in good faith with a reasonable expectation of reducing operating costs (the 134 useful life of which shall be a reasonable period of time as determined by Landlord); and costs of legal services 135 (except those Incurred directly relating to a particular occupant of the Building); accounting services, labor, 136 supplies, materials and tools. Landlord and Tenant agree that if the Building is not ninety percent (90a /o) 137 occupied during any calendar year, on a monthly average, then the Operating Costs shall be increased to reflect 138 the Operating Costs of the Building as though it were ninety percent (90 %) occupied and Tenant's Pro Rata 139 Share of Operating Costs shall be based upon Operating Costs as so adjusted. Operating Costs shall not 140 include: Landlord's income tax or general corporate overhead, depreciation on the Building or equipment 141 therein; loan payments; real estate broker's commissions; capital improvements to or major repairs of the 142 Building shell (j,,g the Building structure, exterior walls and roof) not described in this paragraph; or any costs 143 regarding the operation, maintenance and repair of the Premises, the Building, or the Property paid directly by 144 Tenant or other tenants in the Building. If Tenant is renting a pad separate from any other structures on the 145 Property for which Landlord separately furnishes the services described in this paragraph, then the term 146 "Operating Costs" shall not include those costs of operating, repairing, and maintaining the enclosed mall which OMNI CBA form MT {S Rs ✓d 11 Paco Sole LEASE AGREEMENT (Multi- Tenant Form) (CONTINUED) Cop7^ght 1997 Commercial &oksrs Assowtion All RIGHTS RESERVED 248 cost of which shall be included as an Operating Cost. Tenant shall not damage any demising wall or disturb the 249 structural integrity of the Premises and shall promptly repair any damage or injury done to any such demising 250 walls or structural elements caused by Tenant or its employees, agents, c or invitees. If Tenant fails 251 to maintain or repair the Premises, Landlord may enter the Premises and perform such repair or maintenance 252 on behalf of Tenant. In such case, Tenant shall be obligated to pay to Landlord immediately upon receipt of 253 demand for payment, as additional Rent, all costs Incurred by Landlord. Notwithstanding anything in this 254 Section to the contrary, Tenant shall not be responsible for any repairs to the Premises made necessary by the 255 acts of Landlord or Its agents, employees, contractors or invitees therein. 256 Upon expiration of the Lease term, whether by lapse of time or otherwise, Tenant shall promptly and peacefully 257 surrender the Premises, together with all keys, to Landlord in as good condition as when received by Tenant 258 from Landlord or as thereafter improved, reasonable wear and tear and insured casualty excepted. 259 14, ACCESS. After reasonable notice from Landlord (except in cases of emergency, where no notice is required), 260 Tenant shall permit Landlord and its agents and employees to enter the Premises at all reasonable times for the 261 purposes of repair or inspection. This Section shall not impose any repair or other obligation upon Landlord not 262 expressly stated elsewhere in this Lease. After reasonable notice to Tenant, Landlord shall have the right to 263 enter the Premises for the purpose of showing the Premises to prospective purchasers or lenders at any time, 264 and to prospective tenants within 180 days prior to the expiration or sooner termination of the Lease term. 265 15. SIGNAGE. Tenant shall obtain Landlord's written consent before Installing any signs upon the Premises. 266 Tenant shall install any approved signage at Tenant's sole expense and in compliance with all applicable laws. 267 Tenant shall not damage or deface the Premises in installing or removing signage and shall repair any injury or 268 damage to the Premises caused by such installation or removal. 269 16. DESTRUCTION OR CONDEMNATION. 270 a. Damage and Repair. If the Premises or the portion of the Property necessary for Tenant's occupancy are 271 partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently 272 restore the Premises and the portion of the Property necessary for Tenant's occupancy and this Lease shall not 273 terminate; provided, however, Tenant may terminate the Lease if Landlord is unable to restore the Premises 274 within six (6) months of the casualty event. The Premises or the portion of the Property necessary for Tenant's 275 occupancy shall not be deemed untenantable if less than twenty-five percent (25 %) of each of those areas are 276 damaged. Notwithstanding the foregoing, Landlord shall have no obligation to restore the Premises or the 277 portion of the Property necessary for Tenant's occupancy if insurance proceeds are not available to pay the 278 entire cost of such restoration. if insurance proceeds are available to Landlord but are not sufficient to pay the 279 entire cost of restoration, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by 280 notifying Tenant within sixty (60) days of the date of such casualty. 281 If the Premises, the portion of the Property necessary for Tenant's occupancy, or 50% or more of the rentable 282 area of the Property are entirely destroyed, or partially damaged and rendered untenantable, by fire or other 283 casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises 284 and the portion of the Property necessary for Tenant's occupancy to their previous condition; provided, 285 however, if such casualty event occurs during the last 6 months of the Lease term (after considering any option 286 to extend the term timely exercised by Tenant) then either Tenant or Landlord may elect to terminate the Lease. 287 If, within 60 days after receipt by Landlord from Tenant of written notice that Tenant deems the Premises or the 288 portion of the Property necessary for Tenant's occupancy untenantable, Landlord fails to notify Tenant of its 289 election to restore those areas, or if Landlord is unable to restore those areas within six (6) months of the date 290 of the casualty event, then Tenant may elect to terminate the Lease. 291 If Landlord restores the PremtSes or the Property under this Section 16(a), Landlord shall proceed with 292 reasonable diligence to complete the work, and the base Rent shall be abated in the same proportion as the 293 untenantable portion of the Premises bears to the whole Premises, provided that there shall be a rent 294 abatement only if the damage or destruction of the Premises or Property did not result from, or was not 295 contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant's officers, contractors, 296 licensees, agents. servants. employees, guests, invitees or visitors. Provided, Landlord complies with its 297 obligations under this Section, no damages, compensation or claim shall be payable by Landlord for 298 inconvenience, less of business or annoyance directly, incidentally or consequentially arising from any repair or C8A Fore MT•LS Rov'd 6197 arm Page a of 8 LEASE AGREEMENT (Multi - Tenant Form) (CONTINUED) Copyrpnl 1997 Commaraal Brokers Association ALL RIGHTS RESERVED 350 arising from any cause covered by insurance required to be carried by each of them. Each party shall provide 351 notice to the insurance carrier or carriers of this mutual waiver of subrogation, and shall cause its respective 352 insurance carriers to waive all rights of subrogation against the other. This waiver shall not apply to the extent 353 of the deductible amounts to any such policies or to the extent of liabilities exceeding the limits of such policies. 354 18. INDEMNIFICATION. Tenant shall defend, indemnify, and hold Landlord harmless against all liabilities, 355 damages, costs, and expenses, including attorneys' fees, arising from any negligent or wrongful act or omission 356 of Tenant or Tenant's officers, contractors, licensees, agents, servants, employees, guests, invitees, or visitors 357 on or around-the Premises or arising from any breach of this Lease by Tenant. Tenant shall use legal counsel 358 acceptable to Landlord in defense of any action within Tenant's defense obligation. Landlord shall defend, 359 indemnify and hold Tenant harmless against all liabilities, damages, costs, and expenses, including attorneys' 360 fees, arising from any negligent or wrongful act or .omission of Landlord or Landlord's officers, contractors, 361 licensees, agents, servants, employees, guests, invitees, or visitors on or around the Premises or arising from 362 any breach of this Lease by Landlord. Landlord shall use legal counsel acceptable to Tenant in defense of any 363 action within Landlord's defense obligation. 364 19. ASSIGNMENT AND SUBLETTING. Tenant shall not assign, sublet, mortgage, encumber or otherwise transfer 365 any interest in this Lease (collectively referred to as a "Transfer") or any part of the Premises, without first 366 obtaining Landlord's written consent, which shall not be unreasonably withheld or delayed. No Transfer shall 367 relieve Tenant of any liability under this Lease notwithstanding Landlord's consent to such transfer. Consent to 368 any Transfer shall not operate as a waiver of the necessity for Landlord's consent to any subsequent Transfer. 369 If Tenant is a partnership, limited liability company, corporation, or other entity, any transfer of this Lease by 370 merger, consolidation, redemption or liquidation, or any change(s) in the ownership of, or power to vote, which 371 singularly or collectively represents a majority of the beneficial interest in Tenant, shall constitute a Transfer 372 under this Section. 373 As a condition to Landlord's approval, if given, any potential assignee or sublessee otherwise approved by 374 Landlord shall assume all obligations of Tenant under this Lease and shall be jointly and severally liable with 375 Tenant and any guarantor, if required, for the payment of Rent and performance of all terms of this Lease. In 376 connection with any Transfer, Tenant shall provide Landlord with copies of all assignments, subleases and 377 assumption instruments. 378 20. LIENS. Tenant shall keep the Premises free from any liens created by or through Tenant. Tenant shall 379 indemnify and hold Landlord harmless from liability from any such liens including, without limitation, liens arising 380 from any Alterations. If a lien is filed against the Premises by any person claiming by, through or under Tenant, 381 Tenant shall, upon request of Landlord, at Tenant's expense, immediately furnish to Landlord a bond in form 382 and amount and issued by a surety satisfactory to Landlord, indemnifying Landlord and the Premises against all 383 liabilities, costs and expenses, including attorneys' fees, which Landlord could reasonably incur as a result of 384 such lien(s). 385 21. DEFAULT. The following occurrences shall each be deemed an Event of Default by Tenant: 386 a. Failure To Pay. Tenant fails to pay any sum, including Rent, due under this Lease following five (5) days 387 written notice from Landlord of the failure to pay. 388 b. Vacation/Abandonment Tenant vacates the Premises (defined as an absence for at least 15 consecutive 389 390 days without prior notice to Landlord), or Tenant abandons the Premises (defined as an absence of five (5) days or more while Tenant is in breach of some other term of this Lease). Tenant's vacation or abandonment of the 391 Premises shall not be subject to any notice or right to cure. 392 393 c. Insolvency. Tenant becemes insolvent, voluntarily or Involuntarily bankrupt, or a receiver, assignee or 394 other liquidating officer is appointed for Tenant's business, provided that in the event of any involuntary bankruptcy or other insolvency proceeding, the existence of such proceeding shall constitute an Event of 395 Default only if such proceeding is not dismissed or vacated within 60 days after its institution or commencement. 396 397 d. Levy or Execution. Tenant's Interest in this Lease or the Premises. or any part thereof, is taken by 398 execution or other process of law directed against Tenant, or is taken upon or subjected to any attachment by any creditor of Tenant, if such attachment is not discharged within 15 days after being levied. CSA Form MT4.S RrrVd 9/97 Pipe 9 of 9 LEASE AGREEMENT (Multi- Tenant Form) (CONTINUED) 0 Copyright 1997 Commarclal Brows Association ALL RIGHTS RESERVED 399 e. Other Non - Monetary Defaults. Tenant breaches any agreement, term or covenant of this Lease other 400 than one requiring the payment of money and not otherwise enumerated in this Section, and the breach 401 continues for a period of 30 days after notice by Landlord to Tenant of the breach. 402 f. Failure to Take Possession. Tenant fails to take possession of the Premises on the Commencement 403 Date. 404 22. REMEDIES. 405 Landlord shall have the following remedies upon an Event of Default. Landlord's rights and remedies under this 406 Lease shall be cumulative, and none shall exclude any other right or remedy allowed by law. 407 a. Termination of Lease. Landlord may terminate, Tenant's interest under the Lease, but no act by Landlord 408 other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease shall 409 terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain 410 liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by 411 Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any reletting of the 412 Premises by Landlord subsequent to the . termination, after deducting all Landlord's Reletting Expenses (as 413 defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which 414 rent or other, amounts would have been payable under the Lease, or alternatively, Landlord may accelerate 415 Tenant's obligations under the Lease and recover from Tenant (i) unpaid rent which had been earned at the 416 time of termination; (iI) the amount by which the unpaid rent which would have been earned after termination 417 until the time of award exceeds the amount of rent loss that Tenant proves could reasonably have been 418 avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of 419 award exceeds the amount of rent loss that Tenant proves could 'reasonably be avoided (discounting such 420 amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1 %); 421 and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by 422 Tenant's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to 423 result from the Event of Default, including without limitation Reletting Expenses described in Section 22b. 424 b. Re -Entry and Reletting. Landlord may continue this Lease in full force and effect, and without demand or 425 notice, re -enter and take possession of the Premises or any part thereof, expel the Tenant from the Premises 426 and anyone claiming through or under the Tenant, and remove the personal property of either. Landlord may 427 relet the Premises, or any part of them, in Landlord's or Tenant's name for the account of Tenant, for such 428 period of time and at such other terms and conditions, as Landlord, in its discretion, may determine. Landlord 429 may collect and receive the rents for the Premises. Re -entry or taking possession of the Premises by Landlord 430 under this Section shall not be construed as an election on Landlord's part to terminate this Lease, unless a 431 written notice of termination is given to Tenant. Landlord reserves the right following any re -entry or reletting, or 432 both, under this Section to exercise its right to terminate the Lease. During the Event of Default, Tenant will pay 433 Landlord the rent and other sums which would be payable under this Lease if repossession had not occurred, 434 plus the net proceeds, If any, after reletting the Premises, after deducting Landlord's Reletting Expenses. 435 ' Reletting Expenses' is defined to include all expenses incurred by Landlord in connection with reletting the 436 Premises, Including without limitation, all repossession costs, brokerage commissions, attorneys' fees, 437 remodeling and repair costs, costs for removing and storing Tenant's property and equipment, and rent ' 438 concessions granted by Landlord to any new Tenant, prorated over the life of the new lease. 439 c. Waiver of Redemption Rights. Tenant, for itself, and on behalf of any and all persons claiming through or 440 under Tenant, including creditors of all kinds, hereby waives and surrenders all rights and privileges which they 441 may have under any present or future law, to redeem the Premises or to have a continuance of this Lease for 442 the Lease term, as it may haveeen extended. 443 d. Nonpayment of Additional Rent. All costs which Tenant agrees to pay to Landlord pursuant to this Lease 444 shall in the event of nonpayment be treated as if they were payments of Rent, and Landlord shall have all the 445 rights herein provided for In case of nonpayment of Rent. 446 e. Failure to Remove Property. If Tenant fails to remove any of its property from the Premises at Landlord's 447 request following an uncured Event of Default, Landlord may, at its option, remove and store the property at 448 Tenant's expense and risk. If Tenant does not pay the storage cost within five (5) days of Landlord's request, 449 Landlord may, at its option, have any or all of such property sold at public or private sale (and Landlord may eb CBA Form MT-LS RaYd 6/97 arm Page 10 of 10 LEASE AGREEMENT (Multi- Tenant Form) (CONTINUED) © Copyright 1997 Commercial Brokers Association ALL RIGHTS RESERVED 450 become a purchaser at such sale), in such manner as Landlord deems proper, without notice to Tenant. 451 Landlord shall apply the proceeds of such sale: (I) to the expense of such sale, including reasonable attorneys' 452 fees actually incurred; (ii) to the payment of the costs or charges for storing such property; (iii) to the payment of 453 any other sums of money which may then be or thereafter become due Landlord from Tenant under any of the 454 terms hereof; and (iv) the balance, if any, to Tenant. Nothing in this Section shall limit Landlord's right to sell 455 Tenant's personal property as permitted by law to foreclose Landlord's lien for unpaid rent. 456 23. MORTGAGE SUBORDINATION AND ATTORNMENT. This Lease shall automatically be subordinate to any 457 mortgage or deed of trust created by Landlord which 1s now existing or hereafter placed upon the Premises 458 including any advances, Interest, modifications, renewals, replacements or extensions (`Landlord's Mortgage'), 459 provided the holder of any Landlord's Mortgage or any person(s) acquiring the Premises at any sale or other 460 proceeding under any such Landlord's Mortgage shall elect to continue this Lease in full force and effect. 461 Tenant shall attom to the holder of any Landlord's Mortgage or any person(s) acquiring the Premises at any sale 462 or other proceeding under any Landlord's Mortgage provided such person(s) assume the obligations of Landlord 463 under this Lease. Tenant shall promptly and in no event later than fifteen (15) days execute, acknowledge and 464 deliver documents which the holder of any Landlord's Mortgage may reasonably require as further evidence of 465 this subordination and attomment. Notwithstanding the foregoing, Tenant's obligations under this Section are 466 conditioned on the holder of each of Landlord's Mortgage and each person acquiring the Premises at any sale 467 or other proceeding under any such Landlord's Mortgage not disturbing Tenant's occupancy and other rights 468 under this Lease, so long as no uncured Event of Default exists. 469 24. NON WAIVER. Landlord's waiver of any breach of any term contained in this Lease shall not be deemed to be 470 a waiver of the same term for subsequent acts of Tenant. The acceptance by Landlord of Rent or other 471 amounts due by Tenant hereunder shall not be deemed to . be a waiver of any breach by Tenant preceding such 472 acceptance. 473 25. HOLDOVER. If Tenant shall, without the written consent of Landlord, hold over after the expiration or 474 termination of the Term, such tenancy shall be deemed to be on a month -to -month basis and may be terminated 475 according to Washington law. During such tenancy, Tenant agrees to pay to Landlord 125% the rate of rental 476 last payable under this Lease, unless a different rate is agreed upon by Landlord. All other terms of the Lease 477 shall remain in effect. 478 26. NOTICES. All notices under this Lease shall be in writing and effective (I) when delivered in person, (ii) three 479 (3) days after being sent by registered or certified mail to Landlord or Tenant, as the case may be, at the Notice 480 Addresses set forth in Section 1(h); or (iii) upon confirmed transmission by facsimile to such persons at the 481 facsimile numbers set forth in Section 1(h) or such other addresses /facsimile numbers as may from time to time 482 be designated by such parties In writing. 483 27, COSTS AND ATTORNEYS' FEES. If Tenant or Landlord engage the services of an attorney to collect monies 484 due or to bring any action for any relief against the other, declaratory or otherwise, arising out of this Lease, 485 including any suit by Landlord for the recovery of Rent' or other payments, or possession of the Premises, the 486 losing party shall pay the prevailing party a reasonable sum for attorneys' fees in such suit, at trial and on 487 appeal. 488 28. ESTOPPEL CERTIFICATES. Tenant shall, from time to time, upon written request of Landlord, execute, 489 acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any 490 modifications necessary to make such statements true and complete: (i) the date the Lease term commenced 491 and the date it expires; (ii) the amount of minimum monthly Rent and the date to which such Rent has been 492 paid; (iii) that this Lease is in full force and effect and has not been assigned, modified, supplemented or 493 amended In any way; (iv) tha>this Lease represents the entire agreement between the parties; (v) that all 494 conditions under this Lease to be performed by Landlord have been satisfied; (vi) that there are no existing 495 claims, defenses cr offsets which the Tenant has against the enforcement of this Lease by Landlord; (vii) that no 496 Rent has been paid more than one month in advance; and (viii) that no security has been deposited with 497 Landlord (or, if so. the amount thereof). Any such statement delivered pursuant to this Section may be relied 498 upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of 499 Landlord's interest :n the Premises. If Tenant shall fail to respond within ten (10) days of receipt by Tenant of a 500 written request by Landlord as herein provided, Tenant shall be deemed to have given such certificate as above CM Form MT4.3 Wit 6/97 mot Page 11 of 11 amyl none LEASE AGREEMENT (Multi- Tenant Form) (CONTINUED) ® Copyrig , t 1997 Commercial Broken Association ALL RIGHTS RESERVED 501 provided without modification and shall be deemed to have admitted the accuracy of any information supplied by 502 Landlord to a prospective purchaser or mortgagee. 503 29. TRANSFER OF LANDLORD'S INTEREST. This Lease shall be assignable by Landlord without the consent of 504 Tenant. In the event of any transfer or transfers of Landlord's Interest in the Premises, other than a transfer for 505 • security purposes only, upon the assumption of this Lease by the transferee, Landlord shall be automatically 506 relieved of obligations and liabilities accruing from and after the date of such transfer, except for any retained 507 security deposit or prepaid rent, and Tenant shall attom to the transferee. 508 30. RIGHT TO PERFORM. If Tenant shall fall to timely pay any sum or perform any other act on its part to be 509 performed hereunder, Landlord may make any such payment or perform any such other act on Tenant's part to 510 be made or performed as provided in this Lease. Tenant shall, on demand, reimburse Landlord for its expenses 511 Incurred in making such payment or performance. Landlord shall (in addition to any other right or remedy of 512 Landlord provided by law) have the same rights and remedies in the event of the nonpayment of sums due 513 under this Section as in the case of default by Tenant in the payment of Rent. 514 31. HAZARDOUS MATERIAL. Landlord represents and warrants to Tenant that, to the best of Landlord's 515 knowledge, there is no "Hazardous Material' (as defined below) on, in, or under the Premises as of the 516 Commencement Date except as otherwise disclosed to Tenant in writing before the execution of this Lease. If 517 there is any Hazardous Material on, in, or under the Premises as of the Commencement Date which has been 518 or thereafter becomes unlawfully released through no fault of Tenant, then Landlord shall indemnify, defend and 519 hold Tenant harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses 520 including without limitation sums paid In settlement of claims, attorneys' fees, consultant fees and expert fees, 521 incurred or suffered by Tenant either during or after the Lease term as the result of such contamination. 522 Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about, or 523 disposed of on the Premises by Tenant, its agents, employees, contractors or invitees, except in strict 524 compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant 525 breaches the obligations stated in the preceding sentence, then Tenant shall indemnify, defend and hold 526 Landlord harmless from any and all claims, Judgments, damages, penalties, fines, costs, liabilities or losses 527 including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of 528 rentable or usable space or of any amenity of the Premises, or elsewhere, damages arising from any adverse 529 impact on marketing of space at the Premises, and sums paid in settlement of claims, attorneys' fees, 530 consultant fees and expert fees incurred or suffered by Landlord either during or after the Lease term. These 531 indemnifications by Landlord and Tenant include, without limitation, costs incurred in connection with any 532 investigation of site conditions or any clean -up, remedial, removal or restoration work, whether or not required 533 by any federal, state or local governmental agency or political subdivision, because of Hazardous Material 534 present In the Premises, or In soil or ground water on or under the Premises. Tenant shall immediately notify 535 Landlord of any Inquiry, investigation or notice that Tenant may receive from any third party regarding the actual 536 or suspected presence of Hazardous Material on the Premises. 537 Without limiting the foregoing, If the presence of any Hazardous Material brought upon, kept or used in or about 538 the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of 539 Hazardous Materials on the Premises or any other property, Tenant shall promptly take all actions, at its sole 540 expense, as are necessary to return the Premises or any other property, to the condition existing prior to the 541 release of any such Hazardous Material; provided that Landlord's approval of such actions shall first be 542 obtained, which approval may be withheld at Landlord's sole discretion. 543 As used herein, the term 'Hazardous Material' means any hazardous, dangerous, toxic or harmful substance, 544 material or waste Including biomedical waste which is or becomes regulated by any local governmental 545 authority, the State of Washington or the United States Government, due to its potential harm to the health, 546 safety or welfare of humans or the environment. 547 32. QUIET ENJOYMENT. So long as Tenant pays the Rent and performs all of its obligations in this . Lease, 548 Tenant's possession of the Premises will not be disturbed by Landlord or anyone claiming by, through or under 549 Landlord, or by the holders of any Landlord's Mortgage or any successor thereto. 550 33. RIGHT OF ENTRY. Landlord and its agents, employees and contractors shall have the right to enter the 551 Premises at reasonable times for inspection, to make repairs, alterations, and improvements, to show the eit) CSA Fam MT4.S RWd VS7 err hp.121x12 LEASE AGREEMENT (Multi- Tenant Form) (CONTINUED) Copyngs 1997 Commercial Brokers Astocuation ALL RIGHTS RESERVED 552 Premises to prospective purchasers and, within six (6) months prior to the expiration of the Lease term, to show 553 the Premises to prospective tenants. 554 34. GENERAL 555 a. • Heirs and Assigns. This Lease shall apply to and be binding upon Landlord and Tenant and their 556 respective heirs, executors, administrators, successors and assigns. 557 b. Brokers' Fees. Tenant represents and warrants to Landlord that it has not engaged any broker, finder or 558 other person who Would be entitled to any commission or fees for the negotiation execution, or delivery of this 559 Lease other than as disclosed in Section 1(i) or elsewhere in this Lease. Tenant shall indemnify and hold 560 Landlord harmless against any loss, cost, liability or expense incurred by Landlord as a result of any claim 561 asserted by any such broker, finder or other person bn the basis of any arrangements or agreements made or 562 alleged to have been made by or on behalf of Tenant. This subparagraph shall not apply to brokers with whom 563 Landlord has an express written brokerage agreement. 564 c. Entire Agreement This Lease contains all of the covenants and agreements between Landlord and 565 Tenant relating to the Premises. No prior or contemporaneous agreements or understanding pertaining to the 566 Lease shall be valid or of any force or effect and the covenants and agreements of this Lease shall not be 567 altered, modified or added to except in writing signed by Landlord and Tenant. 568 d. Severability. Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way 569 affect, impair or Invalidate any other provision of this Lease. 570 e. Force Majeure. Time periods for either party's performance under any provisions of this Lease (excluding 571 payment of Rent) shall be extended for periods of time during which the party's performance is prevented due to 572 circumstances beyond such party's control, including without limitation, fires, floods, earthquakes, lockouts, 573 strikes, embargoes, governmental regulations, acts of God, public enemy, war or other strife. 574 f. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State 575 of Washington. 576 g. Memorandum of Lease. Except for the pages containing the Broker Provisions and Commission 577 Agreement, the parties signatures and attached Exhibits A and B, this Lease shall not be recorded. However, 578 Landlord and Tenant shall, at the other's request, execute and record a memorandum of Lease in recordable 579 form that identifies Landlord and Tenant, the commencement and expiration dates of the Lease, and the legal 580 description of the Premises as set forth on attached Exhibit B. 581 h. Submission of Lease Form Not an Offer. One party's submission of this Lease to the other for review 582 shall not constitute an offer to lease the Premises. This Lease shall not become effective and binding upon 583 Landlord and Tenant until it has been fully signed by both Landlord and Tenant. 584 1. No Light, Air or View Easement. Tenant has not been granted an easement or other right for light, air or 585 view to or from the Premises. Any diminution or shutting off of light, air or view by any structure which may be 586 erected on or adjacent to the Building shall in no way effect this Lease or the obligations of Tenant hereunder or 587 impose any liability on Landlord. 588 j. Authority of Parties. Any individual signing this Lease on behalf of an entity represents and warrants to 589 the other that such individual has authority to do so and, upon such individual's execution, that this Lease shall 590 be binding upon and enforceable against the party on behalf of whom such individual is signing. 591 35. Exhibits and Riders. The following exhibits and riders are made a part of this Lease: 592 Exhibit A "" SITE PLAN of the Premises 593 Exhibit B Legal Description 594 Exhibit C Tenant Improvement Schedule 595 Exhibit 0 Rules and Regulations 596 CHECK THE BCX FOR ANY OF THE FOLLOWING THAT WILL APPLY. ANY RIDERS CHECKED SHALL BE 597 EFFECTIVE ONLY UPON BEING INITIALED BY THE PARTIES AND ATTACHED TO THE LEASE. 598 CAPITALIZED TERMS USED IN THE RIDERS SHALL HAVE THE MEANING GIVEN TO THEM IN THE 599 LEASE. 600 Rent Rider 601 ❑ Retail Use Rider 602 ❑ Arbitration Rider 603 ❑ Limitation on Landlord's Liability Rider 604 ❑ Guaranty of Tenant's Lease Obligations Rider 605 ® PW,NC R CER ADDmONAL LEASE CLAUSES ADDENDUM 606 ❑ Option to Extend Rider 607 36. AGENCY DISCLOSURE. At the signing of this Agreement, 608 Landlord's Agent . .. . ; . . 609 heart names of Ucersee and ma Company name u licensed) en CIA Form MT.l.S ReYd 1197 Pao 13 13 6 represented (insert landlord. Tenant. t, both landlord and Tenant or neither Landlord nor Tanana) 612 613 and Tenant's Broker (Licensee) _ . (Insert names d Monte* the am Company name as licensed) 614 615 represented (nsert Landlord. Tenant both landlord and Tenant or neither Landlord nor Tenant) 616 If Tenant's Licensee and Landlord's Agent are different salespersons affiliated with the same Broker, then 617 both Buyer and Seller confirm their consent to that Broker acting as a dual agent. If Tenant's Licensee and 618 Landlord's Agent are the same salesperson representing both parties, then both Landlord and Tenant 619 confirm their consent to that salesperson and his/her Broker acting as dual agents. Landlord and Tenant . 620 confirm receipt of the pamphlet entitled 'The Law of Real Estate Agency. LEASE AGREEMENT (Multi- Tenant Form) (CONTINUED) © Copyright 1997 Commercial Brokers Association All RIGHTS RESERVED 730 731 I� 732 733 734 735 pont_ OM CM Form MT-LS Revd 6/97 - Page 18of18 Many .11.111 NMI LEASE AGREEMENT (Multi Tenant Form) (CONTINUED) 726 EXHIBIT B 727 (Legal Descdptfonj • 728 BLK 4 LOT 1T -18 -19 Hillman's Meadow Garden's Div #1 Less N P Ry RIW. 729 This lease covers only that portion of the above legal description that consists of r. M , ' roe4 0 Copyright 1997 Commercial Brokers Association ALL RIGHTS RESERVED wt3 Le4L,1/4,_. 723 724 723 (r) CEA Form MT -LS Revd 6/97 MUM Page 17 of 17 IMMINdea AMMON LEASE AGREEMENT (Multi- Tenant Form) (CONTINUED) EXHIBIT A (Outline of the Premises) 0 Copyright 1997 Commercial Brokers Association ALL RIGHTS RESERVED CAA Form MT-LS Rw'd &97 Pogo 20 of 20 LEASE AGREEMENT (Multi- Tenant Form) (CONTINUED) 0 Copyright 1997 Commercial Brokers Association AU. RIGHTS RESERVED 751 EXHIBIT D 752 (Rules and Regulations] 753 Landlord shall be entitled to create a set of reasonable Rules & Regulations that don't interfere with Tenant's 754 core business operations, any time during this lease, at which time they are to be attached as a part of this 755 lease. The Andover Company, Inc. Adi 415 Baker Boulevard, Suite 200 Tukwila, WA 98188 Phone•(206) 244 -0770 Fax (206) 246 -9229 ADDITIONAL LEASE CLAUSES ADDENDUM The Following Is Not Written By Or For The Commercial Brokers Association. The Contents Willis Addendum Affect Your Legal Rights And Obligations. Seiler And Buyer Are Each Advised To Seek Independent Legal And Tax Advice On These And Other Matters Related To This Agreement You Are Advised To Submit The Following To Your Attorney For Review And Approval Pr or To Signing And Not To Seek Legal Advice From Your Real Estate Broker Or licensee, CBA Text Disclaimer: Text deleted by licensee Indicated by strike. New text Inserted by licensee Indicated by small capital letters. 1. Assignment and Subletting: If Tenant subleases the Premises anytime during the lease, or during any extentlon period, for a rental amount greater than the stated base rent in this lease form, then any additional rental amount (over that stated in the lease) shall be shared equally (50/50) with Landlord. 2. First Right of Opportunity onYard Space: Tenant shall be given the first right of opportunity to lease the surrounding yard space, if and when it becomes available. Tenant must give Landlord irs response within 7 days of being notified of this opportunity, or this first right becomes null and void on the specific opportunity. This first right runs with the lease and the time frames listed above remain the same for each new opportunity. 3. First right of Opportunity To Purchase: Tenant shall be given the first right of opportunity to purchse the property (including the yard space), if and when the Landlord decides to sell the Premises. Tenant must give'Landlord It's response within 21 days of being notified of the opportunity, or this first right becomes null and void on the specific opportunity. This first right runs with the lease and the time frames listed above remain the same for each new opportunity. Date: Date: 21 � Date: 5 \ L2 -000 ® Copyright lees en Commercial Brokers Association ALL RIGHTS RESERVED alms C8A F ACAL RWd 6195 Pape I d i Date: CBA Pam MT4IS ReYd St97 Pepe 19ot19 LEASE AGREEMENT (Multi - Tenant Form) (CONTINUED) 736 EXHIBIT C 737 [Tenant Improvement Schedule] 738 Landlord's Work: Provided at Landlord's sole cost. 739 740 741 742 743 744 745 746 747 746 749 750 0 Copyri2 1927 Commercial Brokers Association ALL RIGHTS RESERVEO May 25, 2006 David Hall Fursse & Hall Realty Inc. 536 Westlake Avenue North Seattle, WA 98109 RE: Proposed Use at 12014 44 Place South Dear Mr. Hall, Thank you for following up on your meeting with Steve Lancaster by submitting a letter with additional information about the proposed use of the property at 12014 44 Place South. As you have described them in your letter the types of uses that Northstar Broadcast Contractors engages in would fall under the Zoning Code category of: Sincerel Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. Tukwila has not yet determined whether the non - conforming rights to metal manufacturing at the 12014 44 Place South site have lapsed. We have requested additional documentation from Western Cascade that that site has not been vacant or replaced by a different use for more than six consecutive months or 365 days in a three - year time period, TMC 18.70.040. If you have any additional questions or comments, please call me at (206) 431 -3670. Nora Gierloff Planning Supervisor NG Q: \LETTERS\Hall.DOC CC: Pat Malara, Western Cascade City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Page 1 of 1 05/24/2006 12:39:00 PM 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Via Facsimile 206 - 431 -3665 & U.S. Mail May 22, 2006 Mrs. Nora Gierloff Planning Supervisor CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Suite 300 Tukwila, WA 98188 FURSSE &HALL Realty, Inc. RE: 12014 44th Place South, Tukwila, WA Parcel Numbers 334740 -0815 & 334740 -0810 Permitted Use Dear Nora: RECEIVED MAY 2 41006 COMMUNITY DEVELOPMENT Recently, the above - referenced properties were put into escrow by Mr. Ronald Kardokus who intends to purchase the properties (via an LLC). We met with Mr. Steven Lancaster (Director Dept. of Community Development) recently to discuss our proposed use of the property. Our meeting with Mr. Lancaster confirmed that our use would fit the existing description for the property and we are requesting an official letter of confirmation. Mr. Lancaster suggested we write you a letter prior to submitting for a business license to help things progress more smoothly. Mr. Kardokus, upon closing of the property, will be leasing the facility to his own company, Northstar Broadcast Contractors. Northstar is a licensed specialty contractor in the state of Washington. Northstar fabricates steel broadcast towers and misc. steel bracket, and mounting hardware for offsite broadcasting installations in various locations throughout the United States. The manufacturing and assembly process includes fabrication from processed steel plate, pipe, structural shapes, square tubing, etc. The process includes, but is not limited to, oxy- acetylene heating and cutting, saw cutting, drilling, punching, jigging, welding, and painting in order to create a structural assembly for the project installations. In order to support this ferrous and at times non - ferrous fabrication work, Northstar will have trucks and equipment at the property in order to deliver and install the assemblies at offsite locations. Northstar contracts with television, radio, and various broadcast companies and works year round. It does not do business with the general public. The administrative office is currently in Seattle, and will be maintained there. 536 Westlake Avenue North I Seattle, Washington 98109 1 206 381 3800 I fax: 206 381 3838 I fhrealtyinc.com CUM mat, fleena, Regards, David W. Hall, CCIM (206) 381 -3883 direct (206) 271 -3883 cell (206) 381 -3838 fax david@fhrealtyinc.com FURSSE &HALL Realty. In<. The property will also be utilized by another company owned by Mr. Kardokus, Intrastate Painting. Intrastate Painting maintains a yard in Bothell and an administrative office in Seattle. Intrastate Painting will utilize the Tukwila property for fabricating structural steel repair and steel seismic upgrade assemblies for municipal bridge projects. Intrastate will have trucks and equipment at the property in order to deliver and install the assemblies at offsite locations. The general manufacturing and steel fabrication processes described above for Northstar operations also apply to Intrastate Painting operations. The existing ingress and egress truck routes on 44th Place South and 49th Avenue South to /from South 124th Street will be utilized for both company trucks and outside shipping and receiving. The hours of operation, as outlined in the City of Tukwila Zoning Code (lam to 10pm on the weekdays and 9am to 10pm on the weekends and holidays) would work well for our operations, as our operations are not considered high production. Projects are site specific and unique to each location. The average amount of employees working at the property year round will be about three, ranging from one to six depending on project work load and schedules. It is our understanding that 55 decibels, as measured at any property boundary is the City of Tukwila Zoning Code threshold. All operations will be contained within the stated allowed levels. Please "fast- track" your confirmation in writing so that we may proceed to the more formal application of the business license and formal closing on the property. We look forward to your immediate response, and please do not hesitate to call should you have any questions. C.C. Steve Lancaster via facsimile 206 -431 -3665 (and via email slancaster@ci.tukwila.wa.us) 536 Westlake Avenue North I Seattle, Washington 98109 1 206 381 3800 I fax: 206 381 3838 I fhrealtyinc.com CCIM leGrnial Member May 22, 2006 Pat Malara Western Cascade 12065 44 Place S. Tukwila, WA 98178 RE: Preservation of Non - Conforming Use Rights on 12014 44 Place South Dear M�, Thank you for following up on our meeting by submitting a letter with additional information about the use of the property at 12014 44 Place South. In order for us to determine that the non - conforming rights to metal manufacturing have not lapsed we need to document that that site has not been vacant or replaced by a different use for more than six consecutive months or 365 days in a three -year time period, TMC 18.70.040. It appears that the illegal automotive repair business occupied the 12014 site for over a year (approximately mid -2000 to late 2001). Can you document that Western Cascade has performed metal manufacturing, processing and/or assembling on that site continuously since you came into possession of the property? We would need information such as the lease agreement with the automotive repair business showing that they only occupied a portion of the site, a site plan showing where your operations occurred and utility bills showing water and electricity consumption on the site. If you have any additional questions or comments, please call me at (206) 431 -3670. Sincerely, Steve Lancaster DCD Director Enclosure NG Q:\LETTERS \Malara.DOC City of Tukwila Page 1 of 2 05/19/2006 4:20:00 PM Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 w Page 1 of 1 j Scale: 1" 150 ' N CityGIS5 Copyright 0 2004. All IS¢rts Reserved The information contained herein is the proprietary property d the contributors supplied under license and may not be reproduced except as licensed by agtal Map Products http : / /maps.digitalmapcentral.com / production / CityGIS5 /CityGIS5_5.17.2 /index.html 05/19/2006 Business License: ❑ RENEWAL ❑ NEW • Application Date: Business Name Local Street Western Cascade Truck Address 12065 44TH PL S (Be sure to Include zip TUKWILA WA 98178 - 3414 code+ 4 -digit extension) Local PO box & zip, if applicable Corporate Address, if different from local: Business Phone (include area code): 767 Corporate Phone: Loca/3)7- ll manager (include name and home phone): n' , C /9/2 tJ a.. ? -' 9 - 7 7 r1 Q Indicate ownership status: I dividual Partnership ❑ LLC corporation 0 Non-profit List owners/partners / officers: T,�tte - Home Address City/State/Zip Phone _ _ . Date of Birth /),, 4/4.f) cr12 -r-i p 1<- t s - 2€ 2 z -: ' t3i -5'y Gf/r ,-f 114/5 141 V i' 1J j1P,»nj#ic/ 1 ' 5 , L2 S /i pM S _ , - 9- Is your Door -to -door solicitation/peddler? p� ❑ Yes business: Telephone solicitation? rdl�lo ❑ Yes Contractor based outside City? No E Yes If "Yes ", show Jobsite address in space below Operated from your Tukwila residence? 7 N° ❑ Yes If "Yes", read information on reverse side and sign Any lam,.. f and/or gambling devices on premises? .� No ❑ Yes Any ent devices on premises? No ❑ Yes If "Yes", number of devices: Description of business (give details; also, list types of products sold or stored): Repair /Fab . of truck tanks ��// Will retail sales be conducted? ,I�Ys ❑ No Size of floor space stl• ft Original opening date of business in Tukwila: 05/18/87 Total employees at Tukwila location, including owners and managers: Full -time: i d Part-time: / Number of employees in each type of employment Office: Retail: / Wholesale: / Manufacturing: / Warehousing: Other. /,�-- Do e/store/discharge flammable, hazardous, or biohazardous materials? No ❑ Yes If "Yes ", state type and quantity: Local Emergency Contacts: � _ % / _� 1. _ / Are you PRESENTLY doing any: construction or remodeling? E 4 0 Yes installation of commercial storage racks? i Ian ❑ Yes installation of new signage or changes in existing signage? fd'No ❑ Yes If Yes Appropriate building permits MUST be obtained prior to start of construction or rack installation. Separate sign permits required. Copies of the final approved permits MUST accompany this application. Show 2002 City of Tukwila Business License # If Renewal. 02-842 If business name has changed in past year, list former name: Is your business use different than the previous use of If New Business -► this building /space? ❑ Yes ❑ No No. of CTR "affected employees" at the site for which this business license application is filed: (Read CTR information on reverse side) If you are a new building owner or planning to sell a building - please note fire alarm installation provisions on reverse side Date: Building: 0 Building/sign permit attached Police: Date issued: 2003 License No.: City of Tth wvila 6200 Southcenter Boulevard Tukwila, Washington 98188 -2599 206 -433 -1800 This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license PRIOR to conducting business. ALL LICENSES EXPIRE DECEMBER 31 OFFICl1SE ONLY.; Received by: -i( l,2 - I� -off Paid: ❑ Cash l 00 . Receipt No.: 33.25 Check No.: I,2,50 4 L} Planning: Zoning designation: Fire: -0� o k 2.43 Appl r ation for 2003 City Business License FILL 'OUT THIS FORM IN ITS ENTIRETY INCOMPLETE _AP.P.LICATIONS` BE. ACCEPTELR i WA State Sales Tax N or UBI number (9 digits): 1 certify the Information contained herein is correct. I understand that any untrue statement Is cause for revocation of my license. Signatur Title /Office: Print Name LICENSE FEE (based on number of employees) CHECK ONE -► 601024696 0to5 1 .6 to 100 101 and above $100:00- $$22 o.ou Please return completed application with fee to Tukwila City Hall at address shown above, Attention: City Clerk's 0 (fice March 8, 2004 city of Tukwila 6200 Southcenter Boulevard • Tukwila, Washi Mr. Ron Gallager Seattle Commercial Tire PO Box 84143 Seattle, WA 98124 Dear Mr. Gallager: 91 Steven M Mullet, Mayor RF c F V V )140 'C FO o o eo n , 8 10 VIA CERTIFIED Wt IL �F < 4 i 0� 7001 2510 0003 3378 6460 tir Return Receipt Requested RE: NOTICE OF NON- ISSUANCE — 2004 TUKWILA BUSINESS LICENSE This letter will serve as a Notice of Denial that your application for a 2004 Tukwila Business License for your business located at 12041— 44 Place South has been denied under Tukwila Municipal Code 5.04.110, Denial — Revocation: A.2. — The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of the Tukwila Municipal Code. The Department of Community Development has reviewed your application and found that your proposed business is located in a Low Density Residential (LDR) zone. They have recommended a business license not be issued for the following reasons: ❖ The intent of the LDR zone'is to provide low density residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses (TMC 18.10). Commercial and Industrial land uses are specifically excluded from the zone. Western Cascade currently operates at the property because it is a continuation of a non - conforming use. This use lawfully existed prior to a change in the City's Zoning Code that would not permit the use under current regulations. This business is classified as: "Manufacturing, processing and /or assembling of previously manufactured metals, such as iron, and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting, and similar industrial uses ". Any new business that comes after Western Cascade must meet the above classification or be allowed outright in the zoning for the property. Your proposed business does not fall under the above classification and would be similar to a contractor storage yard. The LDR zoning does not permit contractor storage yards to locate in the district. Phone: 206 - 433 -1800 • City Hall Fax 206 - 433 -1833 • www.ci.tukwila.wa.us Ron Gallager Seattle Commercial Tire March 8, 2004 Page 2 Your business license is hereby denied. You are advised it is illegal to conduct business in the City of Tukwila without a current business license. You may appeal this Notice of Non- Issuance to the Hearing Officer, provided that the appeal is made in writing and filed with the City Clerk within ten (10) days from the date of receipt of the Notice of Non - Issuance. Failure to appeal within this time period shall constitute a waiver of all rights to any additional administrative hearing or determination on the matter (Tukwila Municipal Code 5.04.110(B)). Should you have questions regarding the reason for denial, please contact Assistant Planner Brandon Miles at (206) 431 -3684. For questions regarding the business license application, contact the City Clerk's office at (206) 433 -1800. Sincerely, eitic- ne E. Cantu, CMC ity Clerk C: J. Pace, Deputy Director of Community Development B. Miles, Assistant Planner,Dept. of Community Development S. Kerslake, City Attorney , K. Stetson, Code Enforcement March 1, 2004 Mr. Ron Gallagher Seattle Commercial Tire PO Box 84143 Seattle, WA 98124 Dear Mr. Gallagher: City of Tukwila Department of Community Development Steve Lancaster, Director The Department of Community Development has reviewed your business license to operate a tire storage yard at 12014 44` Place S. This letter is to inform you that the Department will be recommending to the City Clerk that the business license be denied. Allow me to elaborate on how this decision was reached. The property in question is zoned Low Density Residential (LDR). The intent of the LDR zone is to provide low - density residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses (TMC 18.10). Commercial and Industrial land uses are specifically excluded from the zone. Western Cascade is allowed to operate at the property because it is the continuation of a non - conforming use. A non - conforming use is a land use that lawfully existed prior to a change in the City Zoning Code, which would not permit the use under current regulations. The previous uses on the property included Union Tank Works, Division Five, and Pacific Joist. The City considers Western Cascade to be similar to these previous businesses. Additionally, in 2000 the City entered into an agreement with Western Cascade on how the business would be classified. In a letter signed by Donald E. Marcy, attorney for Western Cascade and Steve Lancaster, Tukwila's Community Development Director both parties agreed the business would be classified as: "Manufacturing, processing and /or assembling of previously manufactured metals, such as iron, and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting, and similar industrial uses". Any subsequent new business must meet the above classification or be allowed outright in the zoning for the property. Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 The business does not fall under the above classification and would be similar to a contractor storage yard. The LDR zoning does not permit contractor storage yards to locate in the district. Thus, your business license cannot be approved. The City has had conversations with the property owner and has discussed operations that would be allowed without having to obtain a business license. Yet, none of those activities would permit the storage of tires on the property. Since the business was established prior to obtaining a business license the City will allow Seattle Commercial Tire to have adequate time to vacate the property. Effective from the date of this letter, Seattle Commercial Tire has 90 -days to remove all tires from the property. Failure to comply will result in a Notice of Violation being issued and could include a fine of no more than $500 per day per violation. The City Clerk will be sending the formal Notice of Denial. If you have any question . would like assistance in finding a suitable location in the City, please call 431 -3684 or send an email to bmiles@ci.tukwila.wa.us. Sincerely, ( Miles Assistant Planner cc. Steve Lancaster, Director of Community Development Shelley Kerslake, City Attorney Jack Pace, Deputy Director of Community Development Jane Cantu, City Clerk Nora Gierloff, Planning Supervisor Kathy Stetson, Code Enforcement Officer Files (L99 -0060, L2000 -062) City of Tukwila INTEROFFICE MEMO DATE: December 31, 2003 The site is unmanned and is only used for storage. Department of Community Development Steve Lancaster, Director TO: Jack Pace, Deputy Director Community Development Nora Gierloff, Planning Supervisor FROM: Brandon Miles, Assistant Planner RE: Seattle Commercial Tire Business License Application located at 12014 44 PL S. Since March of 2002 Seattle Commercial Tire has been using the property at 44 PL S to store tires and other automotive parts. Originally, the tires had been stored indoors; after learning from the Fire Department that tires could not be stored indoors the tires were moved outdoors. The Fire Departments has issued two "Tire Storage Permits" to the property since March of 2002. The City Clerk's Office was informed that they were operating without a City Business License and on December 15, 2003 the Clerk City sent a letter to the business informing them that they needed a business license. On December 23, 2003, Seattle Commercial Tire filed for a business license. Background The property at 44 PL S is zoned Low Density Residential. The City Council rezoned this property in 1995 and in doing so made the existing use at the property legally non- conforming. Union Tank Works Company operated the site from 1957 to 1995. In 1995, Pacific Joist/Seaport Fabrication and Division Five began operating at the site. Pacific Joist terminated operation in 1997 and Western Cascade replaced Division Five. In 1999, Western Cascade applied for a Type II decision to determine if a change of use would occur if Western Cascade operated the site after Division Five had left the site. Division Five was engaged and classified under the following use classification: Steven M Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 "Manufacturing, processing, assembling and /or packaging of electrical or mechanical equipment, vehicle and machines, including but not limited to heavy and light machinery, tools airplanes boats or other transportation vehicles and equipment. The City issued its decision in November of 1999 stating that Western Cascade would not constitute a change of use from the operations that Division Five were engaged in. The applicant did no file an appeal of the decision. In October of 2000, the City issued an addendum to the Notice of Decision. In this addendum the City stated that there was an error in how the businesses was classified. It is important to note that the change in classification still allowed Western Cascade to remain and operate on the property. In the addendum the business was classified as: "Manufacturing, processing, assembling and /or packaging, of electrical or mechanical equipment, vehicle and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats, or other transportation vehicles and equipment." This correction in the classification of the business was consistent with the letters that had been submitted by Western Cascade describing the nature of their business. After receiving the addendum, Western Cascade filed an appeal with the Hearing Examiner. Western Cascade had subleased one of the buildings to be used for automotive repair the previous use category could be interrupted as allowing auto repair business to operate. In December of 2000, Western Cascade and the City of Tukwila entered into a settlement regarding the addendum to the Notice of Decision. The terms of the settlement were as follows: 1. Western Cascade shall withdraw its appeal filed before the City of Tukwila Hearing Examiner. 2. The City recognizes that Western Cascade fabricates and repairs specialized tanks and equipment for applications in the petroleum, food, and pressurized gas industries. Western Cascade also offers mechanical repair and consultation services to their customers. This includes conducting inspections and compliance repairs to meet federal and state standards. These uses fit within the following zoning use category: Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric, arc melting argon oxygen refining, and consumable electrode melting, and similar heavy industrial uses. 3. Western Cascade shall cause its tenant that is presently engaging in automotive repair to vacate the premises on or before July 31, 2001. 4. Western Cascade shall prevent any exterior signage from being installed for automotive repair business. Analysis Another business, Sexton Steel Metal also applied for a Type II decision to locate at the property. The purpose of the application was for City staff to determine if their business operation would fall under the previous approved addendum to the Notice of Decision for Western Cascade. Sexton Steel Metal manufactures parts from previously manufactured metals such as steel. Planning Staff determined that there was no change between Western Cascade's operation and the proposed operation of Sexton Steel Metal. A tire storage operation is not consistent with the vesting rights for the property. Seattle Commercial Tire is engaged in truck equipment, tire sales, and service. This use would fall under "Automotive Services ". The use could also be considered heavy equipment repair and savage. Western Cascade is not permitted to have these types of operations occur on the property. While there is indeed some outdoor storage on the property, such storage is related to the permitted use on the property. Tire storage is not related to that use. As previously noted, the property is currently zoned LDR. The LDR zoning does not permit the proposed operation. Recommendation The business license for Seattle Commercial Tire should be denied. This denial does not infringe on the right of Western Cascade or any future business operator from operating in a manner that is consistent with the non - conforming rights of the property and City regulations regarding the continuation of non - conforming uses. The property owner and Seattle Commercial Tire should be given 90 -days to remove all tires from the property. City of Tukwila City Council Regular Meeting Minutes Chad Phillips, Washington State Department of Agriculture, was on hand to answer questions as they relate to the SEPA review process for Councilmembers. CITIZEN COMMENT /CORRESPONDENCE: Julie Nybore.16302 — 47' Place South. Tukwila, on behalf of several neighbors within the Crestview Park area, spoke in favor of Council considering an amendment to current ordinances which ban off-leash running of dogs within their nearby park. The neighbors are in favor of allowing their dogs off -leash for health reasons. Ms. Nyborg also spoke in favor of purchasing and donating plastic baggie holders for responsible owners who will clean up after their dogs. Ms. Nyborg is active in watching over and caring for the park and contacts responsible City staff as the need arises. Council President Simpson referred the matter to the Community Affairs and Parks Committee. CONSENT AGENDA: a. Approval of Minutes — April 1, 2002 - Regular meeting b. Approval of Vouchers — 234359 — 235668, in the amount of $1,034,145.89 c. Approve unbudgeted expense of $35,202.00 for purchase of Bauer Breathing Air Compressor with Cascade System for the Fire Department; replacing current system DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE CONSENT AGENDA, AS PRESENTED. The motion carried 7 -0. OLD BUSINESS: Page 2 of 4 April 15, 2002 a. An ordinance regulating the use of cargo containers as accessory buildings (proposed Zoning Code amendment) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1758, AND 1976 AND CHAPTERS 18.06, 18.10, 18.12, 18.14, 18.24, 18.26, 18.28, 18.30, 18.30 AND 18.70 OF THE TUKWILA MUNICIPAL CODE, TO CLARIFY AND UPDATE ZONING CODE PROVISIONS REGULATING THE USE OF CARGO CONTAINERS AS ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Steve Lancaster, Director, Community Development, reviewed the proposed amendments to the draft ordinance to ensure each request of the Council was adequately covered and included. FENTON MOVED; LINDER SECONDED; READING OF THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 7 -0. David St. Pierre, Assistant City Attorney, read the title of the proposed ordinance. FENTNO MOVED; DUFFIE SECONDED; ADOPTION OF THE PROPOSED ORDINANCE AS READ. The motion carried 6-1; with Councilmember Haggerton voting NO. APPROVED ORDINANCE #1989 b. Foster Golf Links Greens Fees: 1. An Ordinance Amending Ordinance No. 1930, previously setting greens fees AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING PORTIONS OF ORDINANCE NO. 1930, AS CODIFIED AT CHAPTER 12.12 OF THE TUKWILA MUNICIPAL CODE, REGARDING FOSTER GOLF LINKS FEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE FENTON MOVED; UNDER SECONDD; READING OF THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 7 - 0. David St. Pierre, Assistant City Attorney, read the title of the proposed ordinance. FENTON MOVED; DUFFIE SECONDED; ADOPTION OF THE PROPOSED ORDINANCE AS READ. The motion carried 7 - APPROVED ORDINANCE #1990 CALL TO ORDER/PLEDGE OF ALLEGIANCE: Calling the meeting to order at 7:00 p.m., Steven M. Mullet, Mayor, led the Pledge of Allegiance. ROLL CALL: Calling the roll of Council was Jane Cantu, City Clerk. Present were Council President Richard Simpson; and Councilmembers Joe Duffie; Joan Hernandez; Pam Carter; Jim Haggerton; and Dave Fenton. OFFICIALS: John McFarland, City Administrator Bob Noe, City Attorney; David Haynes, Captain, Police Department; Steve Lancaster, Director, Community Development; Jim Morrow, Public Works Director Mike Villa, Lieutenant, Gerald Mykelbust, and Sean Robertson, Officers, Police Department. SPECIAL PRESENTATION: Certificate recognizing Bob Abbott, for 30 years of dedicated service in the Tukwila Police Department David Haynes, Police Captain, recognized Bob Abbott, Master Police Officer, for 30 years of dedicated service to the community members and Tukwila Police Department. During his tenure, Mr. Abbott, Badge #12, has served as a Patrol Officer, Foot Patrolman, Special Operations Officer and most recently as Crime Prevention Officer. Overseeing the Safety in Overnight Lodging Program is now one of Mr. Abbott's primary focuses within the City. Bob Abbott, addressing the Council and staff, noted it has been his pleasure and privilege. He stated the work continues and he is looking forward to continuing for many more years. CITIZEN COMMENT /CORRESPONDENCEL Dennis Sivak. 4218 South 150th Street. Tukwila. stated his complete pleasure with the results of the improvements to South 150th Street. He thanked Council and staff for a job well done. Additionally, for the, Tukwila Parks and Recreation Scholarship Fund, Mr. Sivak presented a contribution, in the amount of $50.00. CONSENT AGENDA: DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE CONSENT AGENDA, AS PRESENTED. The motion carried 7 -0. OLD BUSINESS: TUKWILA CITY COUNCIL April 1, 2002 — 7:00 p.m. Tukwila City Hall - Council Chambers REGULAR MEETING a. Approval of Minutes — March 18, 2002 Regular March 25, 2002 Special b. Approval of Vouchers — 235061- 235358, in the amount of $787,901.59 c. Acceptance of turnover of storm drainage facilities within 46th Avenue South (248 linear feet of 12 reinforced concrete pipe, Dreamcraft Properties; Value $6,324.00 An ordinance regulating the use of cargo containers as accessory buildings (proposed Zoning Code amendment) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1758, AND 1976 AND CHAPTERS 18.06, 18.10;18.12, 18.14, 18.24, 18.26, 18.28, 18.30, 18.50 AND 18.70 OF THE TUKWILA MUNICIPAL CODE, TO CLARIFY AND UPDATE ZONING CODE PROVISIONS REGULATING THE USE OF CARGO CONTAINERS AS ACCESSORY BUILDINGS; PROVIDING FOR SEVERABIUTY; AND ESTABLISHING AN EFFECTIVE DATE Steve Lancaster, Director of Community Development, reviewed the most recent changes to the proposed ordinance. After hearing from City Council Committee of Whole and the Community Affairs and Parks Committee, staff has added foodbanks to the list of institutional uses allowed to have cargo containers. Additionally, institutional uses were to be limited to one container and a size limit of 30 feet was proposed for institutional and commercial containers. Moreover, no refrigerated containers would be allowed outside, as a result of potential noise impacts. 1 City of Tukwila City Council Regular Meeting Minutes Page 2 of 4 April 1, 2002 Upon hearing the newly created, proposed language within the draft ordinance, considerable discussion was held. At the end of discussion and deliberation, the following was decided: NEW BUSINESS: 1. A size limit of 40 feet will be included for institutional and commercial containers. 2. Institutional uses will be limited to two containers. 3. In instances where two containers are used, no stacking is permitted. 4. Language would be amended [in 18.70.130(a)] to make clearer, that cargo containers installed before April 15, 2002, must receive a Type 2 special permission approval or be removed by April 15, 2003. This is in the residentially zoned areas only. For consideration and proposed adoption, a newly proposed, draft ordinance is to presented at the April 15, 2002, Regular meeting. a. Authorize the Mayor to sign a consultant's agreement with KPG, Inc., in the amount of $184,081.84, for the design of the South 144th Street Improvements (42nd Avenue South — Military Road) and half - street frontage improvements adjacent to Cascade View Park Jim Morrow, Public Works Director, reported KPG, Inc. was selected from an interview process to perform design services associated with the South 144th Street project and adjacent Cascade View Park Roadway frontage improvements. The ability to perform quality design work was important during the interview process, as was traffic calming and an innovative urban design. A design report will be produced for the section of South 144th Street (between Tukwila International Boulevard & 42nd Avenue South). This will tie together the South 144th Street improvements with the new Cascade View Park and future Tukwila Village development. LINDER MOVED; FENTON SECONDED; TO AUTHORIZE MAYOR MULLET TO SIGN A CONSULTANT'S AGREEMENT WITH KPG, INC., IN THE AMOUNT OF $184,081.84, FOR THE DESIGN OF THE SOUTH 144TH STREET IMPROVEMENTS (42ND AVENUE SOUTH — MILITARY ROAD) AND HALF - STREET FRONTAGE IMPROVEMENTS ADJACENT TO CASCADE VIEW PARK. The motion carried 7 - b. Authorize the Mayor to sign a contract with The McAndrews Group, LTD, in the amount of $49,853.00 to perform the survey for Tukwila Village Jim Morrow, reported that as a condition of the sale of Tukwila Village property to the Sabey Corporation, the City of Tukwila is required to provide a boundary and topographic survey of the project and adjacent streets. Part two includes topographic survey services along South 144th Street, which will assist in the design of the roadway and will include necessary rights -of -way. LINDER MOVED; FENTON SECONDED; TO AUTHORIZE MAYOR MULLET TO SIGN A CONSULTANT'S AGREEMENT WITH THE MCANDREWS GROUP, LTD, IN THE AMOUNT OF $49,853.00 TO PERFORM THE SURVEY FOR TUKWILA VILLAGE. The motion carried 7 -0. c. Authorize the Mayor to sign an interlocal agreement with the City of Renton for the South 180th Street Grade Separation and the Strander Boulevard Extension projects Jim Morrow reported the City of Renton has agreed to be a project funding partner on the South 180th Street Grade separation project. In order for Tukwila to receive monies from the City of Renton, an interlocal agreement must be executed. In 1986, a reciprocal agreement was entered into by both cities to resolve annexation issues. Although the principles of the 1986 agreement were valid, it has been determined the agreement was insufficient to cover the details needed to implement the agreement; thus, resulting in a newly proposed interlocal agreement. The newly proposed agreement includes such items as decision- making authority, right -of -way issues; property considerations, and funds (types and amounts) being contributed by both cities. The agreement also sets out financial credits afforded to each city. Due to the fact Tukwila has or will contribute more to the project than the City of Renton, Tukwila will enter the Strander Boulevard Extension project with a credit of $262,622. The format and items presented in the South 180th agreement will be carried forward into the agreement for the Strander Boulevard agreement when that project becomes reality. CALL TO ORDER/PLEDGE OF ALLEGIANCE: Calling the meeting to order at 8:17 p.m., Steven M. Mullet, Mayor, led the Pledge of Allegiance. ROLL CALL: Calling the roll of Council was Bob Baker, Deputy City Clerk. Present were Councilmembers Joe Duffie; Joan Hernandez; Pam Carter, Jim Haggerton; and Dave Fenton. Absent was Council President Richard Simpson. DUFFLE MOVED; HERNANDEZ SECONDED; TO EXCUSE THE ABSENCE OF COUNCIL PRESIDENT SIMPSON. The motion carried 6-0. OFFICIALS: TUKWIIA CITY COUNCIL March 18, 2002 Tukwila City Hall - Council Chambers REGULAR MEETING — 8:17 p.m. (immediately following a Special COW meeting) John McFarland, City Administrator; Bob Noe, City Attorney; David St. Pierre, Assistant City Attorney; Bruce Fletcher, Parks and Recreation Director; and Jim Morrow, Public Works Director. CITIZEN COMMENT /CORRESPONDENCE: None. CONSENT AGENDA: a. Approval of Minutes — March 4, 2002 — Regular Meeting b. Approval of Vouchers — 234759- 235060, in the amount of $820,116.45 HERNANDEZ MOVED; DUFFIE SECONDED; APPROVAL OF THE CONSENT AGENDA, AS PRESENTED. The motion carried 6-0. BID AWARD: Award a contract to C. A. Goodman Construction Company, in the amount of $42,595.20, including Washington State Sales Tax, for construction of the Christensen Road Water Line Extension FENTON MOVED; LINDER SECONDED; TO AWARD A CONTRACT TO C. A. GOODMAN CONSTRUCTION COMPANY, IN THE AMOUNT OF $42,595.20, INCLUDING WASHINGTON STATE SALES TAX, FOR CONSTRUCTION OF THE CHRISTENSEN ROAD WATER LINE EXTENSION. The motion carried 60. PUBLIC HEARING: An ordinance clarifying and updating zoning code provisions regulating the use of cargo containers as accessory buildings AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1738 AND 1976, AND CHAPTERS 18.06, 18.10, 18.12, 18.14, 18.24, 18.26, 18.28, 18.30, 18.50 AND 18.70 OF THE TUKWILA MUNICIPAL CODE, TO CLARIFY AND UPDATE ZONING CODE PROVISIONS REGULATING THE USE OF CARGO CONTAINERS AS ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Nora Gierloff, Senior Planner, presented the newly- created draft ordinance to Council. At the February 11 COW meeting, Council provided direction to City staff to amend the proposed ordinance relative to siting of cargo containers. Since that last time Council reviewed this issue, Department of Community Development staff has received two telephone calls. One telephone caller spoke in favor of allowing cargo containers as long as they are not junky? The other caller spoke in favor of allowing food banks to qualify for use, even if in residential neighborhoods. 8:32 p.m. Mayor Mullet opened the public hearing. Anna Bernhard, 14241 — 59th Avenue South, Tukwila, spoke against the use of cargo containers in anyone's front yard. She spoke in favor of siting them in back yards, with fencing to hide them. City of Tukwila City Council Regular Meeting Minutes Joe Tice, 3629 South 137th, Tukwila, representing the Tukwila Pantry, spoke in favor of allowing cargo containers being used for a proposed regional food bank, here in Tukwila. He noted two would be required on site for the anticipated amount of food. Gregory Johnson. 4917 South 164th, Tukwila, owns a cargo container and spoke in their favor. William Schmidt, 12924 E. Marginal Way South, Tukwila, spoke in favor of the use of cargo containers, so long as they are aesthetically pleasing. He stated they are an inexpensive form of storage which most can afford. Joanne McManus, Tukwila resident, noted when people are in need of food, they are generally referred to St. Thomas Church or the Church By the Side of the Road. She did not know of Mr. Tice's intention to apply for a Regional Food Bank license. 8:42 p.m. Mayor Mullet closed the public hearing. Council deliberations took place with Council speaking in favor of creating a use categor for foodbanks, as they do not currently exist within the TMC; 2. Considering (further) the potential sizes of the containers to be allowed; and 3. including a no stacking' policy when within residential neighborhoods. Based on Council's decision during deliberation, this matter was remanded to staff for additional, draft language to the proposed ordinance. OLD BUSINESS: a. An ordinance adopting the King County 2001 Comprehensive Solid Waste Management Plan APPROVED ORDINANCE #1988 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2001 KING COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE FENTON MOVED; LINDER SECONDED; READING OF THE PROPOSED ORDINANCE, BY TITLE ONLY. The motion carried 6-0. City Attorney Bob Noe read the title of the proposed ordinance. FENTON MOVED; DUFFIE SECONDED; APPROVAL OF THE PROPOSED ORDINANCE, AS PRESENTED. The motion carried 6-0. b. Public Meeting: Comprehensive Plan Amendment Process Page 2 of 4 March 18, 2002 Having already heard from City staff during a COW meeting (earlier tonight), Mayor Mullet called for public input/testimony. Rebecca Fox, Associate Planner, was on hand to answer inquiries from citizens, staff and Council. As it relates to 101 - 075 8,101 the following spoke: Gregory Johnson, applicant, for L01 -075 & L01 -078, spoke in favor of revising the comprehensive plan and zoning code maps to change LRD to C/LI at 13136 — 48th Avenue South. Iohn Gustafson, 4425 — 178th Avenue Court E, (no City specified), spoke in favor of the Gregory Johnson application for rezone. Betty Gully, 13017 — MacAdam Road South, Tukwila, noted 42nd Avenue South is formally known (now) as MacAdam Road and should be referred to as such. Additionally, Ms. Gully spoke against 'eating away at single family housing. Ms. Gully then read a letter into the record from former Tukwila Councilmember Allan Ekburg, speaking against the proposed change by Petitioner, Gregory Johnson. Brad White, 13429 — 43rd Avenue South, Tukwila, on behalf of his wife and himself, spoke against 'converting the property,' at 13136 — 42nd Avenue South. He stated the proposed shifting of the property in question into the C/LI category will upset the boundary; and breaks the natural separation that currently exists between the commercial and residential uses in their neighborhood. City of Tukwila Page 2 of 4 City Council Committee of Whole Minutes February 11, 2002 b. Connectivity Project Status Update John McFarland, City Administrator, initiated the original contract with Analytic Assets President, David Luman. The purpose of the contract was to complete an assessment of the feasibility of implementing the City's (proposed) connectivity project. The assessment has been complete and staff is in support of moving forward with Phase II of the project, which includes providing guidance and oversight to the City's Ad Hoc Connectivity Committee; finalizing the vision, constructing cost modeling mechanisms and options; establishing technical specifications for a Network Operations Center; determining network configurations; evaluating fiscal impacts against operational resource requirements; defining business models and funding strategies; and assisting the City Council in determining the model of choice. David Luman, President, Analytic Assets, informed Council this item had been to the Utilities Committee on February 5. Additionally, he explained the goal of Phases I and II with the Council. Noting that Tukwila is "well placed for connectivity, Mr. Luman reviewed proposed fiber optic zone maps with the Council. Issues of equipment determination; choices of active or passive systems; kick - out points; converged content; and grant funds were all discussed between Mr. Luman and the Council. One grant, from the National Teleconferencing Industry Association (NTIA) has an open period (at this time) until March 25; for disbursement in September, 2002. A positive factor is the fact conduit is already down in most areas in the City. Therefore, the City is poised for and may potentially become a super -fast, network service provider. In this arena, marketing could be a key factor to a large success. A meeting of the Ad Hoc Committee will be called within approximately 3 weeks according to Mayor Mullet; and Council consensus existed to include Utilities Committee Chair David Fenton on the Ad Hoc Committee. Council consensus existed to forward this item to the February 19 Regular meeting for action. c. Proposed Zoning Code Amendments — Cargo Container Issues Update Hearing Council consensus at the January 28 COW meeting on policy direction encouraged by Council, Nora Geirloff, Senior Planner, reviewed the newly proposed, draft ordinance with Council. The newly created, draft ordinance included such policy directions as: 1. All existing containers in residential or commercial zones would be required to apply for and receive a special permission approval from the Director of Community Development; or be removed within one year. 2. New cargo containers may be allowed in residential zones only for institutional uses with a special permission approval from the Director of Community Development. 3. New cargo containers may be allowed in regional commercial zones if they receive a special permission approval from the Director of Community Development. 4. Criteria for granting special permission would include a limit of one per lot, and adequate screening from adjacent lots and streets. 5. New and existing cargo containers will be allowed (without question or review) in industrial zones: Len 1, 15815 — 62nd Avenue So., Tukwila, presented a draft scenario to Council and asked where the line could be drawn on requiring permits and special permission for items to be placed on personal property. Anna Bernhard, 14241 — 59th Avenue So., Tukwila, asked the Council to consider a requirement to ban cargo containers altogether from residential neighborhoods. 1 City of Tukwila Page 3 of 4 City Council Committee of Whole Minutes February 11, 2002 After questions and answers between Council and staff, it was agreed a public hearing must now be scheduled. The anticipated date, at this time, is March 18, 2002. REPORTS: a. Mayor Mayor Mullet reported attendance to last week's Economic Development Committee meeting; as well as a Suburban Cities Association Co-Chairs meeting this morning. Mayor Mullet also reported a basic footprint of the new Foster Golf Links Clubhouse has been developed. Work on that project continues. b. City Council Councilmember Duffie attended the February 5 ACORN meeting. Councilmember Hernandez attended the February 7 Equity and Diversity Committee meeting. Council President Simpson attended the February 5 ACORN meeting; and the February 8 meeting of the Southwest King County Chamber of Commerce. Councilmember Carter, referring to Mayor Mullet's note on the golf course clubhouse, noted a recent visit to the website of the City of Lake Forest Park. There, a photo-a -week was posted (and subsequently thumbnailed and saved) as they built a new City Hall. She suggested Tukwila may do the same thing with the development of Tukwila Village or the construction of the new clubhouse. Ms. Carter noted the school levy validated and passed with 64.8% voter approval. Finally, Ms. Carter reported sending recent e correspondence to area politicians seeking support for Bill HR2424. Councilmember Haggerton attended the February 6 Airport Communities Coalition Executive Committee meeting; and the February 9 Tukwila Schools Strategic Planning meeting. Councilmember Linder attended the February 11 King County International Airport/WSDOT (Aviation Department) Joint meeting. Councilmember Fenton attended the February 5 Utilities Committee meeting. b. City Administrator John McFarland reported the tracking of three pieces of legislation; including the proposed "jail bill" and the Utilities Tax Bill. He noted skateboard park issues will be raised at the February 13 Parks and Recreation meeting. d. Legislative Analyst Lucy Lauterbach reported the Utilities Tax Bill is being worked behind the scenes. Additionally, she reported the Dangerous Dog Bill cleared the senate judiciary without opposition. MISCELLANEOUS: None. EXECUTIVE SESSION: None. City of Tukwila City Council Committee of Whole Minutes Page 2 of 3 January 28, 2002 Mr. McFarland told Council the long -range contract is under review and consideration by Peter Lukevich, Municipal Court Judge, and Keith Haines, Chief of Police. The newly proposed, long -term contract will be presented to Council when details are believed to be positive for all parties. Council agreed to forward the proposed, short-term amendment to the February 4 regular meeting agenda. Additionally, they acknowledged the long -term contract will come back after staff perfects the proposed agreement(s). d. PROPOSED ZONING CODE AMENDMENTS — CARCO CONTAINERS Steve Lancaster, Community Development Director, led Council on a review of a 'decision tree which would be useful when making decisions in this matter. Additionally, he shared portions of both the Burien Municipal Code and the SeaTac Municipal Code. Discussions between staff and Council centered around what to do with currently - placed containers as well as those who would purchase and place new containers. Suggestions were made and discussed. Questions were answered related to proposed zoning and a decision was made to separate the matter into two, separate discussions — residentially zones areas and commercial areas. Relating to residentially -zoned areas, including community facilities, government facilities, hospitals, public parks, recreation facilities or schools, newly proposed cargo containers (for an accessory use), may be placed, with Community Director approval, so long as they are screened and/or out of sight. Additionally, only one cargo container may be placed at each of the facilities; unless substantial need is proved to Community Development Director. In instances where cargo containers are already in place in the previously mentioned areas, it was decided they must be screened within a period of one year. Calling the commercially -zoned areas easier to handle, Mr. Lancaster proposed various recommendations and noted he would prepare draft language and bring a newly- proposed item back for consideration. Council agreed to forward this item to the February 11 COW for further consideration and potential setting of a public hearing date. e. A RESOLUTION REGARDING EMPLOYEE APPRECIATION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SETTING BUDGET GUIDELINES FOR THE ANNUAL EMPLOYEE AWARDS BANQUET AS AUTHORIZED IN THE ANNUAL BUDGET Noting a finding from the Washington State Auditor's Office in 2001, Councilmember Haggerton stated the need for the proposed resolution. The Assistant State Auditor requested the resolution be considered at the next regular meeting of the Council. Council agreed to forward this item to the February 4 regular meeting. REPORTS: a. Mayor Mayor Mullet reported attendance at a January 25 luncheon with Julia Patterson. A luncheon is being planned for the City Council and Ms. Patterson, (date not specified); at Vic's Broiler. He also reported on meetings he will attend following the upcoming AWC Conference, in Olympia. Finally, he reported City Clerk Jane Cantu is home and resting. Updates will be provided when information is received. b. City Council Councilmember Duffie reported appreciation for the City Council Retreat January 25 — 27. Councilmember Hernandez was pleased with the results of the Council Retreat. She attended Maria Cantwell's fundraiser luncheon today. Council President Simpson stated satisfaction with the Council Retreat. City of Tukwila Page 2 of 5 City Council Regular Meeting Minutes September 17, 2001 CITIZEN COlVEVIENT /CORRESPONDENCE: Howard Reiser and airlfriend, PJ Nichol, 14025 — 55th Street, Tukwila informed Council they have been feeding crows in their yard as a way to preserve a natural habitat. Both Reiser and Nichol are certified as Backyard Wildlife Habitat experts and see no problem with feeding the crows that chase away known predators. Howard Anderson, 5341 South 140th, Tukwila, spoke against feeding of the crows as they leave behind substantial messes, which are difficult to clean. Eric Holmeren, 5329 South 140th, Tukwila, also spoke against feeding of the crows in Tukwila. He estimated their numbers as over 100 and reiterated Mr. Anderson's statement about droppings and messes created by the birds. Upon hearing from all present, Council noted this item, currently being handled through the City's Code Enforcement Office, shall continue to be worked in that Office. This item was not referred to any committee for action. CONSENT AGENDA: a. Approval of Vouchers — 230994 - 231253. in the amount of $826339.11 Hernandez moved; Fenton seconded; to approve the consent agenda, as presented. The motion carried 7 -0. OLD BUSINESS: a. An Ordinance Amending the Zoning Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1758, 1774, I814,1830, 1833,1834,1865,1872 AND 1954 AND CHAPTERS 17.20, 18.06, 18.10, 18.16, 18.18, 18.22, 18.24, 18.26, 18.28, 18.30, 18.32, 18.34, 18.38, 18.40, 18.50, 18.52 AND 18.88 OF THE TUKWILA MUNICIPAL CODE, TO CLARIFY AND UPDATE. ZONING CODE PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Carter moved; Duffle seconded; reading of the proposed ordinance by title only. The motion carried 7 - 0. City Attorney Bob Noe read the title of the proposed ordinance. Duffle moved; Carter seconded; adopting the proposed ordinance as read. The motion carried 7 -0. APPROVED ORDINANCE #1971 b. Deliberation on Remaining Zoning Code Amendments Nora Gierloff, Associate Planner, reminded Council that staff presented the Planning Commission's recommendations on the proposed code amendments to the COW on August 27th. A public hearing was then held on September 4. There, Council asked the ordinance be bifurcated to allow the items that had consensus to be adopted while staff continued to work on other issues. Those issues needing additional study were: - prohibition on the use of cargo containers in residential and commercial zones - adding pawnbrokers as allowed or conditional uses in specified zones - adding a definition for pawnbrokers - adding intemet data centers as allowed or conditional uses in specified zones - adding a definition for intemet data centers Ms. Gierloff, led discussions on the issues, one at a time. First considered was that of a potential prohibition on the use of cargo containers in residential and/or commercial zones. Regarding this issue, Ms. Gierloff noted the City City of Tukwila Page 3 of 7 City Council Regular Meeting Minutes September 4, 2001 k) *Add Internet Data Centers as allowed or conditional uses in specified Zones; deleted I) *Add a definition of Internet Data Centers; m) Amend the Subdivision Standard for Turnarounds; n) Remove the fee for Street Vacations from the Zoning Code; o) Change the Zoning Code to allow structures over the right-of-way. NOTE: Only those proposals evoking public comment or requiring additional consideration by Council were included below. All remaining proposals were accepted as presented. Public Comment: Pat Molera, Western Cascade, 12605 44' Pi. So., Regarding Proposal (c) Prohibit the use of cargo containers as storage sheds in residential and commercial zones, he noted no recommendation as treating existing containers or future containers as garbage dumpsters requiring a full enclosure. He suggested a code that would deal with them, noting it is an inexpensive way to have ground level, watertight, and lockable storage. Regarding Western Cascade, per the new code, TMC 18.50.120, the use of shipping containers is allowed in certain areas. However, there is no consideration taken for special use zoning which Western Cascade has which is grandfathered commercial zoning in a residential area. Molera asks the City include Western Cascade's special use zoning in the allowable use. Councilmember Carter asked for proposals on how the City would handle this kind of a situation if a special use is granted. City Attorney Bob Noe after talking with DCD staff it was decided to wait for Council to make a policy decision and then provide some options on how to make that policy decision work. Councilmembers agreed with Mr. Fenton that it would be difficult to make a decision until an inventory of properties that would•fall into this category was determined. Ms. Gierloff explained the options the CA &P Committee discussed were 1) as of whatever date the ordinance passed, no new cargo containers /storage sheds special uses would be allowed; and 2) try to go back and have the existing ones removed from all or some areas; or 3) try to get the existing ones screened and any new ones screened. Any of those would require an inventory to determine where we stood. An inventory would be very tough to establish because there are no permits. Consequently, we'd have to ask building inspectors where they'd seen them, etc. Councilmember Fenton commented he sees no reason to penalize the schools because they have them. Regarding Proposal (i) Add Pawnbrokers as allowed or conditional uses in specified Zones, Ms. Geirloff reported that the current pawnbrokers in the City were notified by mail of this hearing. There was no comment received. In response to a question from Councilmember Haggerton, Police Captain Doug Partlow explained there have been no problems with pawnbrokers in the City, but by their very nature, pawnbrokers do occasionally attract an unsavory element. The regulation on pawnshops, the monitoring, the tracking of pawnshops is becoming time sensitive and labor intensive. Currently, the police department uses volunteers who aid in tracking pawn transactions. The two pawnshops in town have not been particularly problematic, but if we had a half dozen or so, we'd have to dedicate a tremendous amount of resources to them. Councilmember Carter noted that this isn't the type of business that caters to local neighborhood folk. It attracts a clientele from a wider region and is more of a regional use, different from a barbershop. Captain Partlow agreed and added that if there is only one pawnshop within five or ten square miles, it will be highly visited and highly active. Councilmember Carter said she'd spoken with a developer who said it's been his experience that potential businesses consider it an undesirable element in the neighborhood. Many tenants would choose not to move into something because of certain types of businesses, pawnshops being one. Council President Hernandez noted her personal concern that if someone was going to invest a lot of money in the NCC, they might find it an undesirable land use. Councilmember Carter said the committee had proposed to the Planning Commission conditional uses in the RC and the RCM and then outright permitting it in the TUC, CLI, LI, HI, and TVS. Those areas are more distant from residential. However, the Planning Commission didn't see it that way. Councilmember Linder said neighborhood commercial doesn't seem like a good spot for pawnshops. Councilmember Fenton said he doesn't want to see any more in the City but would lean toward grandfathering the two that are here and not allowing any in the NCC. Councilmember Duffle agreed with keeping the two that are already located here but not adding any more. Following Council deliberation, it was decided that this issue would come back in the form 1 City of Tukwila Page 2 of 7 City Council Regular Meeting Minutes September 4, 2001 Lisa Kious, LATCH Program, reported the City of SeaTac has awarded funding to the LATCH program in 2001 and is supporting the program in 2002 as well. This regional commitment the City of Tukwila is helping to show is really helping us leverage significant amounts of money from King County and from the State. Kious acknowledged appreciation for Tukwila's support. Regarding senior housing, Boykan explained there is no dollar limit with capital funds for senior housing. And about minor home repairs, not as many requests received as funds available, but those who have taken advantage of the program are very pleased with it. Mayor Mullet declared the public hearing open at 7:15 p.m. There being no public comments, Mayor Mullet declared the hearing closed at 7:15 p.m. Moved by Linder, seconded by Fenton, to cancel the CDBG funds allocated for Cascade View Park. Motion carried 7 - 0. Moved by Carter, seconded by Linder to allocate funds for 2002 for the CDBG passthrough allocation as shown on page 11 in the agenda packet. Motion carried 7 -0. Moved by Carter, seconded by Duffle, that in the event the amounts of money are not as anticipated, the information on page 12 of the packet is used for increasing the allocation and on page 13 for the decreasing the allocation. Motion carried 7 - 0. b. The proposed use of Local Law Enforcement Block Grant (LLEBG) funds to reduce crime and improve public safety. Rosa Krows, Records Manager, explained that a grant in the amount of S48,812 was awarded to the City on July 25, 2001. This hearing satisfies the Bureau of Justice Assistance's requirement that one public hearing be held prior to expending any grant funds. No council action required. Mayor Mullet declared the public hearing open at 7:25 p.m. No public comments forthcoming, Mayor Mullet closed the hearing at 7:25 p.m. Councilmember Fenton commented that this is a tremendous program and asked if it is an annual grant process. Ms. Krows responded that it is a congressional appropriation and it is undetermined whether it will continue in the future. The City's match to the grant funds S54,024. c. Proposed Zoning Code Amendments Mayor Mullet declared the public hearing open at 7:30 p.m. Nora Gierloff reviewed each of the proposed amendments as follows: a) Change the floor area ratio limitation in LDR to a lot coverage standard; b) Eliminate increased setbacks for the second story of structures in Low Density Residential (LDR); c) *Prohibit the use of cargo containers as storage sheds in residential and commercial zones; d) Add additional detail to landscape plan requirements; e) Revise the Zoning Code definition of building height to match the Washington State Building Code; f) Revise the Zoning Code definition of story to match the Washington State Building Code; g) Delete High Tech as a Use Category; h) Correct Figure 18 -4 Location and Measurement of Yards on Lots; i) *Add Pawnbrokers as allowed or conditional uses in specified Zones; j) *Add a definition for Pawnbrokers; 1 City of Tukwila August 27, 2001 Committee of the Whole Minutes Page 2 of 5 Longacres theme be considered at the station rather than the "Birds in Silhouette Against the Sky ". Fletcher suggested plaques about the history of Longacres and the Backyard Wildlife Habitat be added at the train station. Council consensus was to send this issue back to the Lodging Tax Advisory Board for a presentation to the full LTA Board. c. Proposed Zoning Code Amendments Steve Lancaster, DCD Director, introduced this item and explained that Item A, changing from a floor area ratio to lot coverage standard in LDR, was developed in conjunction with the ordinance regulating group homes. Lancaster requested council's guidance as to whether this item be included in the Zoning Code Amendment. Council consensus was to include Item A in the ordinance. The amendments have been before the Community Affairs and Parks Committee and the Planning Commission. A Planning Commission public hearing was held on June 28 A listing of the amendments follows: A. Change the Floor Area Ratio limitation of LDR to a lot coverage Standard; B. Eliminate increased setbacks for the second story of structures in LDR; C. Prohibit the use of cargo containers as storage sheds in residential zones; D. Add additional detail to landscape plan requirements; E. Revise the Zoning Code definition of building height to match the Washington State Building Code; F. Revise the Zoning Code definition of story to match the Washington State Building Code; G. Delete High Tech as a Use Category; H. Correct Figure 18 -4 Location and Measurement of Yards on Lots; I. Add Pawnbrokers as allowed or conditional uses in specified Zones; J. Add a definition for Pawnbrokers; K. Add Internet Data Centers as allowed or conditional uses in specified Zones; L. Add a parking standard for Internet Data Centers; M. Add a definition for Internet Data Centers N. Amend the Subdivision Standard for Turnarounds O. Remove the fee for Street Vacations from the Zoning Code; P. Change the Zoning Code to allow structures over the right -of -way. Following discussion on each proposal, Council concurred with the majority of the amendments, however, for items Items C & N, the majority of councilmembers preferred to wait and hear the public comments on this item at the September 4 public hearing before making their final decision. d. Contract for services with ECONorthwest for the Tukwila Urban Center sub- area planning project. 1 1 1 City of Tukwila Committee of Whole Meeting Minutes e. City Attorney City Attorney Bob Noe was not present. MISCELLANEOUS: Councilmember Carter noted there are cargo containers used at the Tukwila Schools which house emergency supplies, surplus food stuffs, etc. Council will need to keep this in mind when considering changes to the zoning code. Mr. McFarIand noted these could be maintained under a conditional use. Next, Ms. Carter noted a poetry slam at Foster Library, beginning at 1:00 p.m. Council President Hernandez announced she will be on annual leave for three weeks from her job. She will miss the next Regular meeting; yet will be present for the COW meeting on May 14. Councilmember Duffie will review the agenda for the May 7 meeting. Councilmember Haggerton announced he has been appointed to the AWC Nominating Committee. Councilmember Linder reminded Council of the May 3 King County National Airport meeting, 6:00 p.m., at the Tukwila Community Center. Councilmember Fenton noted things are progressing for the May 3 National Day of Prayer, outside City Hall. Councilmember Simpson reported the Duwamish Improvement Club will have a dunk tank and is looking for elected officials to sit inside the tank. Brief discussion took place regarding Council ordering jackets, shirts, etc. with City logos. No final decisions were made as the item will be discussed at the April 24 Community Affairs & Parks Committee meeting. 9:25 p.m. Duffle moved; Linder seconded; to recess the regular meeting, take a 5- minute break and convene the executive session, for potential Iand use, for 5 minutes. The motion carried 7 -0. EXECUTIVE SESSION: 9:30 p.m. Executive session began. 9:35 p.m. Executive session ended. .r Hernandez, Council Preside / ADJOURNMENT: 9:35 p.m. There being no further business to come before the Council, Linder moved; Fenton seconded; to adjourn the executive session, reconvene and adjourn the Committee of Whole meeting. The motion carried 7 -0. Robert H. Baker, CMC, Deputy City Clerk Date Minutes Signed: 5 / 1 /01 April 23,2001 Page 8 of 8 City of Tukwila Committee of Whole Meeting Minutes April 23, 2001 Page 3 of 8 projects, etc.. Additionally, the risk of hurting people exists when fire trucks are required to ride on sidewalks. Noting the ladder truck is the primary response vehicle, Mr. Kohler informed Council trucks it weighs 76,000 pounds, without water and fire hoses. It has the potential of crushing nearly anything in its path; thus, the need for addition turnaround space. He then spoke in favor of the proposed 92 feet of right -of -way space. Council concurred to recommend to Planning Commission the standard be changed as requested. (Item A) Change Floor Area Ratio Limitation in LDR to a Lot Coveraee Standard Councilmember Linder noted Committee agreement with staff recommendation on this issue. A lot coverage standard of 50% would still preserve half the lot as yards, while allowing additional living space on a second or third story of a home. Seeking clarification, Councilmember Carter asked questions of Ms. Gierloff. Ms. Carter noted that upon her review of one item listed in the NCC Zone, related to setbacks, makes it appear as though you cannot build right up to the sidewalk This creates a concern in the commercial area, where the City wants development, on the Highway, up to the sidewalk. For that reason, she asked Ms. Gierloff to review that portion of the code for setbacks in the event of a need for change. She believes the City may need a separate zone for the NCC on the Highway, which is different that alI other NCC zones. Council concurred to forward the proposal changes to Planning Commission. (Item B) Eliminate Increased Setbacks for Second Stories of Structures in LDR Ms. Gierloff noted staff recommendation to is to have a 20 -foot setback for the front and 10 foot setback for the second front in LDR, with no increase for the second story. With this, she noted, community members are more likely to integrate the face of a garage with the face of the home. The current, staggered setback requirement often results in a protruding garage and encourages a streetscape of garage doors. Council concurred to forward the proposal to eliminate the additional second story setback to Planning Commission. (Item C) Prohibit Use of Cargo Containers as Storage Sheds in Residential Zones Councilmembers spoke in favor of prohibiting the containers as well as striking the word "old" from the defmition. Council also spoke in favor of removing size dimensions from the document, so as to deter cargo containers of any age and any size. Council concurred to forward the proposal to ban the use of cargo containers in residential zones and MUO to Planning Commission. P►:EASE TYPE OR. PRINT FLeAsg SFE REVERSE REAL ESTATE EXCISE TAX AFFIDAVIT CHAPTER I12 45 RCW CHAPTER 458-61 WAC FOR Ust Al COIN rY TRIASURFRY OFII(1• (Use Fenn No 84-0001B for Reporting Transfers of Controlling Interest of Fanny Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1 -7 ARE FULLY COMPLETED hr UNION TANK WORKS, INC. a HINCTns' COIRPORATION Sneer PO BOX 53186 'AD1MrO TOs ND Al 1,4i1OPERT'Y•TtX RH AI &DCOIIIFSPONIL NCI Name iSMF.' Vi )I BAVF niulhITFF p .Sired , ' r • ' A . •• : SS4)4U UOIU CRyi atc/Zbp •• ,• *': /. 4 LC 2411 a LEGAL DESCRIPTION •b» PRODERT;< SIT1JATI D b ❑ UN INCORPGRATth COUNTY 0 OR IN CITY OF TUKWILA Street Addrcss pt prdpertynnmpror!'d) 5201,E � 4 4TH PL E S QUTH TUKWILA, WA 98194 • • Lots 17, 18 a tuf 19, 4, .D,;.,1 Meadow Gardens Addition to the Ciby of: Seat .le„? b1s 1s 4n No. 1, according to the plat thereof r+itrorded i.it Va3ume 12 of • f lats, page 64.,. in King County, Washingtfin. . ,p. Q Is this property currently Classified or designated as totes( land r C hapter 84,33 R( W Clasaifed as intent use land (open space farm ❑ and agneultural, di4Fmberr Chapter 84 34 RCW Exempt from properiy::tax as a n xiprofit YI 5 0 organisation? Chapter 114 36 RCW Seller's 6xeriipt Reg Ilio — — _— — — _ - _ — :'Recelvinjyt wpeect'sl valuation as h atom. ❑ property C'hap!er 84 24;RC'W Prgp' epty Type. ['And onlie ❑ land with new building Iand:Ulth pmnously used betide, g ❑ land with mobile home 5 . . ❑ tin f t only . •` _••':'..:,: ❑ building only :'PnoapiiF�lae ,70 ❑ Awl.;∎imu) asaidenual ❑ umber ❑ a 1iculitral : ommeraalhndustnal -- -- -- ] other . f -- - - a' (F),NOTWF'iJ CON I INI IAN(f (R('W'64 331)R' 84 34) 11 the new owner(s) of Lind thy(n clati:ified tit dcsrgnalcd as euiltnt ux or forest land wish to cI)nunuc the (.lti•slfica(onir designation of ii)eh ' land, the new owners) quirt algri bcto v I(.ihe iiew owgct(•4) nisi dc1Irr. ' to continue such dessifi(;gion or destination tall com4ensatiog additional tax calculated piilaturit to 1(600 t(4 33 17 r and 14d'o.R(W 84 34 108 shall be due and payable y the seller or;transfenw at itie tine of sale The county assessor must dete mins if the F transferred qualifies to continue classification or ( esigi(htion and•niiitT o indica(e below Signatures do not necessarily mean the land will reiii'am in etassificstton or designation If it no k nger gi)4hftes, it wil(,be removed and the compensating uses will be apillcd All ebw must sign l his land ❑ does 0 does not t ualify for continuance ::. that Ilse Foregoing I ie And Correct (See back of this Date Perjury Perjury Is • class ( felons win.4. • (hen five years, or by a fin fine (RCW 9A 20 020 (IC 61. V 84 00010 (3 18 (PD 6 DEPUIYASSLSSOR (2) NOTICE OF COMM 1A%CC (C 84 26 RCW) If the new owners) of property with s,rectal valuation as history property wish to continue this special valuation the new owner(s) must sign below lithe new owners) do not desire to continue such special valuation, all additional tax calculated pursuant to L. hapter 84 26 RCW. shall be due and payable by the seller or ttansferur at the time of sale (3) OWNER(S) SIGNATURE 101;:. PCM PROPERTIES, L.L.C. W Sneet b44U S 143RD STREET Cny/SieleasprnwwTT.s we, OR1 fiR All TAX PARCEL NUMBIRS 334740 - 0815 -03 nlu form is your receipt when stamped by cashier COUNTY TRFASIIRFR N ACF ASSESSED VAI UI IP TAX EXEMPT Ficuripliiin.o per:One! property included in grow selling price both ' :tangible (t.g'furnn'uie, e.quipment, etc 1 or intangible tcg goodwill, i :agrrcmctn not 113.tOmpIIe t ty+ illexenipuon yfalmedrlist Wi1C nnititber•ifnd ex(ilanat(rin WAC No (Stic /Suit) ,,�— 1 xplanatton _ _— c _ _ type of Document "' nPRff Date of Document_ _ __ 1 1" .J'OZ/ �/ Gross Selling Price S - - _ : _ 230 Personal Property (deduct) S 0 . 00 PACS 001 OF 001 Taxable belling Pnee S 230,000.00 2,944 1,150.150 1 xuse lax Stale S I ucal S Delinquent Interest Sutc S _ _ — _ U . U 0 — 1 mar 'I _ � 73 - s - 90 Ikllnquent Penalty S 4,094.00 local Uue S MINIMU,M01.$2 00 IS 1)1 AS A PROS. rSSINt, F rr AND TAX AFf !DAVIT - -- 1:1. erlifylJndee Penal( 4,f Pequi:), Under The Laws of The Siate of Sign atureul CgntoilA Namelprint): Date ;WViceofSi'gn • Signature of Grantee/Agent • .._ :1 j UZ4 7 Name(pnm) 1 / 4 •<" 4 - / /!C 44# ..• "•. Date & Place 01 Signingx i f 17 0!) on for masiniBm.lerm,pfmnpiore 00) or by both tmpii'uinmenfand coutrrY TREASll(iER T : a landliferred he3 in is situated o in the county of King, state of Washington, and . described as 2e "':" .a. s %'•. tab 17, PI and 19, 8lgck 4, C D c}4illroan's. Meadow Gardens Addition' to the city of Seattle, Drvysioit'14o 1, according to the ::plt<txhiereoh:.•r:ecorded in Volume 1 0 PJat.s, page 64, in King County, Washington. I 1 EXHIBIT A 41)C }W' -1M it0 4 Parcel No.: Address: Suite No: Location: Tenant: Name: Address: Owner: Name: Address: Contact Person: Name: Address: 3347400795 44PLS &46AVS Contractor: Name: KLIER CONSTRUCTION COMPANY Address: PO BOX 3237 , KENT WA 98089 Contractor License No KLIERCC114MS DESCRIPTION OF WORK: Paved driveway approach over 24 "x20' culvert. 20' at street, 5' radius both sides to driveway. - mixed gravel - 5/8 minus - 2" asphalt. Value of Construction: $0.00 Public Works Activities: Channelization / Striping: N Curb Cut / Access / Sidewalk / CSS: Y Fire Loop Hydrant: Flood Control Zone: Hauling: Land Altering: Landscape Irrigation: Moving Oversize Load: Sanitary Side Sewer: Sewer Main Extension: Storm Drainage: Street Use: Water Main Extension: Water Meter: doc: PW -10/06 City of Tukwila Department of Public Works 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -433 -0179 Fax: 206 -431 -3665 Web site: http: / /www.ci.tukwila.wa.us UNION TANK WORKS INC 44 PLS& 46AVS, PUBLIC WORKS CONSTRUCTION PERMIT UNION TANK WORKS INC PO BOX 53186 , BELLEVUE WA 98018 GENE KLIER 3435 S 162ND ST , SEATAC WA 98188 N N N Y N N N N Y Y Number: 0 Start Time: Volumes: Cut 0 c.y. Start Time: Number: 0 Private: N Profit: N N Private: N N ** Continued Next Page ** Permit Number: Issue Date: Permit Expires On: James F. Morrow, P.E., Director Phone: Phone: (206)431 -0284 Phone: (206)824 -2660 Expiration Date: 10/14/2007 Fees Collected: $4,303.50 Steven M Mullet, Mayor Size (Inches): 0 End Time: Fill 20 c.y. End Time: Public: Non - Profit: Public: PW07 -024 03/27/2007 09/23/2007 N N N PW07 - 024 Printed: 03 -27 -2007 Permit Center Authorized Signature: Print Name: doc: PW -10/06 City of Tukwila Department of Public Works 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -433 -0179 Fax: 206 -431 -3665 Web site: http: / /www.ci.tukwila.wa.us Steven M Mullet, Mayor James F. Morrow, P.E., Director Permit Number: PW07 -024 Issue Date: 03/27/2007 Permit Expires On: 09/23/2007 Date: g -U'7 I hereby certify that I have read and examined this permit and know the same to be true and correct. All provisions of law and ordinances governing this work will be complied with, whether specified herein or not. The granting of this permit does not presume to give authority to violate or cancel the provisions of any other state or local laws regulating construction or the perfo ce of work. I am authorized to sign and obtain this construction permit. c. — Date: 2 7 1 27 Signature: .--/t).-4.--N ...04- � This permit shall become null and void if the work is not commenced within 180 days from the date of issuance, or if the work is suspended or abandoned for a period of 180 days from the last inspection. PW07 -024 Printed: 03-27 -2007 Parcel No.: 3347400795 Address: Suite No: Tenant: City of Tukwila UNION TANK WORKS INC 1: ** *PUBLIC WORKS DEPARTMENT CONDITIONS * ** Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206 -431 -3665 Web site: http://www.ci.tulcwila.wa.us PERMIT CONDITIONS * *continued on next page ** Permit Number: Status: Applied Date: Issue Date: PWOZ -024 ISSUED 03/05/2007 03/27/2007 2: Contractor shall notify Public Works Project Inspector Mr. Greg Villanueva at (206)433-0179 of commencement and completion of work at least 24 hours in advance. 3: Work affecting traffic flows shall be closely coordinated with the City Public Works Project Inspector. 4: Any material spilled onto any street shall be cleaned up immediately. 5: A copy of the Certificate of Insurance Coverage (minimum of $2,000,000 naming the City of Tukwila as additionally insured). 6: A bond in the amount of 150% x cost of work within the Public right -of -way, made out to the City of Tukwila for possible property damages caused by activities. 7: Flagging, signing and coning shall be in accordance with MUTCD for Traffic Control. Contractor shall provide certified flagmen for traffic control. Sweep or otherwise clean streets to the satisfaction of Public Works. Notify City Inspector before 12:00 Noon on Friday preceding any weekend work. doc: Cond -10/06 PW07 -024 Printed: 03 -27 -2007 1 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206 - 431 -3665 Web site: http: / /www.ci.tukwila.wa.us I hereby certify that I have read these conditions and will comply with them as outlined. All provisions of law and ordinances governing this work will be complied with, whether specified herein or not. The granting of this permit does not presume to give authority to violate or cancel the provision of any other work or local laws regulating construction or the performance of work. Signature ?> r D ate: 2 -. 7 J'h Ur Print Name: 2 497 1 (T 'r � doc: Cond -10/06 PW07 -024 Printed: 03 -27 -2007 E -Mail Address: Contact Person: E -Mail Address: Contact Person: E -Mail Address: CITY OF TUKWIu Public Works Department Permit Center 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 http://www.ci.tukwila.wa.us PUBLIC WORKS PERMIT APPLICATION Applications and plans must be complete in order to be accepted for plan review. Applications will not be accepted through the mail or by fax. **Please Print** Pj fr- �6 � G { � S King Co Assessor's Tax No.: 33 V 7 roc 71S 0 7 Site Address: � Gl P 4 C 3 3 ` 7 / OC2 7 3 – Suite Number: Floor: Tenant Name: ,c. New Tenant: ❑ .... Yes 0 ..No Property Owners Name::�J t� i / h / of �t 4 l 4Jc i'6 .S h L. Mailing Address: /`� ©a 4o,r S, 3/ t6 . ,2.-� /C/e e II 3/ City State Zip Mailing Address3 7 7, �) /6 GENERAL CONTRACTOR INFORMATIO Company Name: 1< Z / L� / / u jj p>✓ Mailing Address: Z3 / ; y ' T ,Y� _ 6 -/ / _/ b9e- � x/1 ,2 e SN� e6r Contractor Registration Number: I<L1 t r7Z Cd / / j t Contact Person: E -Mail Address: Q :1Appliations'Porms- Applications On Line\3 -2006 - Public Works Permit Appliation.doc Revised: 4 - 2006 bh • 1 Day Teleph S . 7 / _S � et/4 -- 9 g7gg ( •.• city: st ate z Fax PGrn . City State Zip Day Telephone: 206- © L93 " Fax Number: Expiration Date: ARCHITECT OF RECORD -- All plans must be wet stamped by Architect of Recor Company Name: Mailing Address: State Zip City Day Telephone: Fax Number: •All plans must be wet stamped by engineer of Recor Company Name: Mailing Address: State Zip City Day Telephone: Fax Number: Page 1 of 3 Scope of Work (please provide detailed information): eZ ` W er District .Tukwila ❑... Water District #125 ❑ ...Water Availability Provided Seyer District ...Tukwila ❑... ValVue ❑ .. Renton ❑ ...Sewer Use Certificate 0... Sewer Availability Provided Septic System: ❑ On -site Septic System — For on -site septic system, provide 2 copies of a current septic design approved by King County Health Department. Sulymitted with Application (mark boxes which apply): Civil Plans (Maximum Paper Size — 22" x 34 ") ❑ ...Technical Information Report (Storm Drainage) ❑ ...Bond ❑ .. Insurance ❑ .. Easement(s) Proposed Activities (mark boxes that apply): ❑ ...Right -of -way Use - Nonprofit for less than 72 hours ❑ ...Right -of -way Use - No D rbance p..Construction/Excavati. Right -of -way Non Right -of -way N, ❑ ...Total Cut cubic yards ❑ ...Total Fill cubic yards ❑...Sanitary Side Sewer ❑ ...Cap or Remove Utilities rontage Improvements ...Traffic Control ❑... SIC ORI S PERMIT INf MAT Please refer to Public Works Bulletin #1'for fees and estimate sheet. Backflow Prevention - Fire Protection " Irrigation Domestic Water ❑ ...Permanent Water Meter Size. -. ❑ ...Temporary Water Meter Size.. ❑ ...Water Only Meter Size ❑ ...Sewer Main Extension Public _ ❑ ...Water Main Extension Public _ „ ,t Call before you Dig: 1- 800 -424 -5555 ❑ .. Abandon Septic Tank ❑ .. Curb Cut ❑ .. Pavement Cut ❑ .. Looped Fire Line I t Private Private Q: Applications\Forms- Applications On Line l3 -2006 -Public Works Permit Application.doc Revised: 4 - 2006 bh 6=433 4917 ❑ .. Highline ❑ .. Geotechnical Report ❑ .. Maintenance Agreement(s) ❑ . Work in Flood Zone Storm Drainage ❑ ...Renton ❑ ... Seatt le ❑ ...Traffic Impact Analysis ❑ ...Hold Harmless — (SAO) ❑...Hold Harmless — (ROW) R ❑ . ight -of -way Use - Profit for less than 72 hours ight -of -way Use —Potential Disturbance ❑ .. Grease Interceptor ❑ .. Channelization ❑ .. Trench Excavation ❑ .. Utility Undergrounding ❑ ...Deduct Water Meter Size " FINANCE INFORMATION Fire Line Size at Property Line ❑ ...Water ❑ ...Sewer Monthly Service Billing to: Name: Mailing Address: Water Meter Refund/Billing: Name: Mailing Address: Number of Public Fire Hydrant(s) ❑ ...Sewage Treatment Day Telephone: City State Zip Day Telephone: City State Zip Page 2 of 3 PERMIT APPLICATION NOT Expiration of Plan Review — Applications for which no permit is issued within 180 days following the date of application shall expire by limitation. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE UNDER PENALTY OF PERJURY BY THE LAWS OF THE STATE OF WASHINGTON, AND I AM AUTHORIZED TO APPLY FOR THIS PERMIT. BUILDING OWNER OR AUTHORIZEXEN Signature: Print Name: 6 6 Xj_a ( Gsrg_ Mailing Address: 23/6/ .2 9e 9" Ceril 2O .293 Date Application Accepted: 0* Q: \ Applicationfforms-Applications On Line3-2006 - Public Works Permit Application.doc Revised: 4 bh Date: 2 .. ofrI r 7 Day Telephone: .206 ..0Z Ve$ fr ei/ / 1 9C f City State Zip Date Application Expires: 09/05/0 Staff Initials: A Page 3 of 3 t nese plans nave been reviewed by the Public Works Department for conformance with current City standards. Acceptance is subject to errors and omissions which do not authorize violations of dopted standards or ordinances. The responsibility or the adequacy of the design rests totally with the designer. Additions, deletions or revisions to these drawings after this date will void this acceptance and will require a resubmittal of revised drawings for subsequent approval. Final' acceptance is subject to field inspection by the Public Works utilities inspector. Date:— ' .. — — — B a e ... • i 4 i , ? , . f / APB r n c . . • , ' ------ 11 — 1 1 - 1 . 1 - Ar!> 25, 0001=1 /0..30 • /A//e..e. 7 /57. V • l:, ) "N d• • .., e- • .i• i M.3! 0 I 0 41 Nx. ---- -et- c. ... 'HP tb4) %X ,. 1 .0 a 0 0 a .. .V.- .. ...., ee At, 27rr;s efro 151.09 1 . HO 1 60 *, tor 22 tor 2_3 tor E4 (7:; 13467° 0 1&41 1 Z(R.7 n rI 75 1 z9 4- 5 : 1 .1: 1 ! : 1 77 oS zor /7 it 3 57- t.. 6/ /z6• /z1.: ° 53 : /37.05 3: ZT' 1 10 8 6: D 5o• 5 , 15 .0 ;4 In ‚5 as•e 21 s. -- v& Lc• /3 6e,. 66 v4. Lor 50",1 3g e Set Y P. 118 TH ST. I•N ..s 90 .Z _5 2. enrol; 35-17.2W SE 10-23-4 Z -X•7 1378 /7.8 g• . • . . • • • • • • • • • • •. . • 78 Pki 0 mo .... • • . • S•• • • — ;;-..4 • .• • " • • *. . • . . 15 . (f 3 N • . • .44.347 "N PILE CONTRACTORS 12014 44 PL S D08 -202 Parcel No.: 3347400815 Address: 12014 44 PL S TUKW Suite No: Tenant: Name: PILE CONTRACTORS Address: 12014 44 PL S , TUKWILA WA City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206 -431 -3665 Web site: http: / /www.ci.tukwila.wa.us Owner: Name: FRAUENHEIM JOE Address: 375 E SUNSET WAY , ISSAQUAH WA 98027 Phone: Contact Person: Name: JOE FRAUENHEIM Address: 12014 44 PL S , TUKVVILA WA 98178 Phone: 206 713 -2395 Contractor: Name: PILE CONTRACTORS INC Address: 375 E SUNSET WAY , ISSAQUAH WA 98027 Phone: 425 557 -8628 Contractor License No: PILECI *101LM DESCRIPTION OF WORK: REPLACE EXISTING METAL, SHEATHING, AND JOISTS AS NEEDED. Value of Construction: Type of Fire Protection: Type of Construction: $1,000.00 DEVELOPMENT PERMIT * *continued on next page ** Permit Number: D08 -202 Issue Date: 04/30/2008 Permit Expires On: 10/27/2008 Expiration Date: 10/01/2008 Fees Collected: $135.68 International Building Code Edition: 2006 Occupancy per IBC: doc: IBC-10/06 D08 -202 Printed: 04 -30 -2008 Public Works Activities: Channelization / Striping: N Curb Cut / Access / Sidewalk / CSS: N Fire Loop Hydrant: N Number: 0 Size (Inches): 0 Flood Control Zone: Hauling: N Start Time: End Time: Land Altering: Volumes: Cut 0 c.y. Fill 0 c.y. Landscape Irrigation: Moving Oversize Load: Start Time: End Time: Sanitary Side Sewer: Sewer Main Extension: Private: Public: Storm Drainage: Street Use: Profit: N Non - Profit: N Water Main Extension: Private: Public: Water Meter: Permit Center Authorized Signature: Print Name: CeIVi City c,.. Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 - 431 -3670 Fax: 206 -431 -3665 Web site: http: / /www.ci.tukwila.wa.us N Permit Number: D08 -202 Issue Date: 04/30/2008 Permit Expires On: 10/27/2008 Date: l bbj I hereby certify that I have read and a ed this permit and know the same to be true and correct. All provisions of law and ordinances governing this work will be complied whether specified herein or not. The granting of this permit does not presume to give authority to violate or cancel the provisions of any other state or local laws regulating construction e performance of work. I am authorized to sign and obtain this development permit. d Signature: �t V _ / - - n Date: (f r-,,,,—(2 o This permit shall become null and void if the work is not commenced within 180 clays from the date of issuance, or if the work is suspended or abandoned for a period of 180 days from the last inspection. doc: IBC - 10/06 D08 -202 Printed: 04 -30 -2008 Parcel No.: 3347400815 Address: Suite No: Tenant: 12014 44 PL S TUKW PILE CONTRACTORS 1: ** *BUILDING DEPARTMENT CONDITIONS * ** City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 - 431 -3670 Fax: 206 -431 -3665 Web site: http: / /www.ci.tukwila.wa.us PERMIT CONDITIONS Permit Number: Status: Applied Date: Issue Date: D08 -202 ISSUED 04/21/2008 04/30/2008 2: No changes shall be made to the approved plans unless approved by the design professional in responsible charge and the Building Official. 3: All permits, inspection records, and approved plans shall be at the job site and available to the inspectors prior to start of any construction. These documents shall be maintained and made available until final inspection approval is granted. 4: All construction shall be done in conformance with the approved plans and the requirements of the International Building Code or International Residential Code, International Mechanical Code, Washington State Energy Code. 5: Prior to final inspection a written statement from the roofing contractor shall be required. The statement shall confirm the fire classification of the roof assembly that was installed. 6: Remove all demolition rubble and loose miscellaneous material from lot or parcel of ground, properly cap the sanitary sewer connections, and properly fill or otherwise protect all basements, cellars, septic tanks, wells, and other excavations. Final inspection approval will be determined by the building inspector based on satisfactory completion of this requirement. 7: Manufacturers installation instructions shall be available on the job site at the time of inspection. 8: All construction noise to be in compliance with Chapter 8.22 of the City of Tukwila Municipal Code. A copy can be obtained at City Hall in the office of the City Clerk. 9: All plumbing and gas piping work shall be inspected and approved under a separate permit issued by the Cityof Tukwila Permit Center. 10: All electrical work shall be inspected and approved under a separate permit issued by the City of Tukwila Building Department (206 - 431- 3670). 11: VALIDITY OF PERMIT: The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of the building code or of any other ordinances of the City of Tukwila. Permits presuming to give authority to violate or cancel the provisions of the code or other ordinances of the City of Tukwila shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data. doc: Cond -10/06 * *continued on next page ** D08 -202 Printed: 04 -30 -2008 I hereby certify that I have read these conditions and will comply with them as outlined. All provisions of law and this work will be complied with, whether specified herein or not. The granting of this permit does not presume to give authority to violate or cancel the provision of any other work construction or the performance of work. Signature: Print Name: CO‘ I V 1 f -Q ' e'\ City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206 -431 -3665 Web site: http: / /www.ci.tukwila.wa.us doc: Cond -10/06 D08 -202 Date: - 3o - o 3 ordinances governing or local laws regulating Printed: 04 -30 -2008 Site Address: Tenant Name: CITY OF TUKWILA Community Development Department Public Works Department Permit Center 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 http://wwwatukwita.wa.us �y 94f- P1 5. P ILE CC,.+rAc4 Property Owners Name: 3 ©e Fr l4 tr* e_ n Mailing Address: J a t" i'i - 94.5 PL . S - CONTACT PERSON - who do we contact when your permit is ready to be issued Name: vO e Mailing Address: Frow eel h t .' 4 . % E -Mail Address: Fax Number: GENERAL CONTRACTOR INFORMATION — (Contractor Information for Mechanical (pg 4) for Plumbing and Gas Piping (pg 5)) Company Name: P; IE Mailing Address: 1 2 0 r4 — sae ry - y y to- P& ..S Ce,s+ �cr� Lf y tk P't. Contact Person: E -Mail Address: Contractor Registration Number: 07- 1/re ARCHITECT OF RECORD - All plans must be wet stamped by Architect of Record Company Name: Mailing Address: Contact Person: E -Mail Address: Company Name: Mailing Address: City Contact Person: Day Telephone: E -Mail Address: Fax Number: Q:\Applications\Forms- Applications On Line\3 -2006 - Permit Application.doc Revised: 9 -2006 bh Building Permit Mechanical Permit No. Plumbing/Gas Permit No Public Works Permit No. Project No. Applications and plans must be complete in order to be accepted for plan review. Applications will not be accepted through the mail or by fax. * *Please Print ** King Co Assessor's Tax No.: 3 3 i 7 tcc$rs - 33 Floor: c- J Pk ;I 7'k A14 Suite Number: New Tenant: ❑ 80n Oh cih City Yes J..No L A 6 18/78 Zip State Day Telephone: ° " 7 / 3 23 7eic6.31,, L. 1717' City State Zip t,.,A • 9s i 7A City State Zip Day Telephone: C (c- -7/3- -2? f 5 Fax Number: Expiration Date: 1 3- -31 -C IF City Day Telephone: Fax Number: State State Zip Zip Page 1 of 6 ov BUILDING PERMIT INFORMATION - 206 -431 -3670 us Valuation of Project (contractor's bid price): $ t: C" 0 Scope of Work (please provide detailed information): re. pi c ci e lc 5 +;' • le 1 , •,She di ?n, l C & 3 4 ■Si- cus r1<et0 Will there be new rack storage? ❑ Yes Existing Building Valuation: $ C/ Provide All Building Areas in Square Footage Below J.. No If yes, a separate permit and plan submittal will be required. 1" Floor 2nd Floor 3 Floor Floors Basement Accessory Structure• Attached Garage Detached Garage Attached Carport Detached Carport Covered Deck Uncovered Deck 1 “ Interior Remodel Addition to Existing Structure Type of Construction p I$C” Occupancy per IBC PLANNING DIVISION: Single family building footprint (area of the foundation of all structures, plus any decks over 18 inches and overhangs greater than 18 inches) For an Accessory dwelling, provide the following: Lot Area (sq ft): Floor area of principal dwelling: Floor area of accessory dwelling: *Provide documentation that shows that the principal owner lives in one of the dwellings as his or her primary residence. Number of Parking Stalls Provided: Standard: Will there be a change in use? ❑ Yes FIRE PROTECTION/HAZARDOUS MATERIALS: ❑ Sprinklers ❑ Automatic Fire Alarm Q:Wpplications\Forms- Applications On Line3-2006 - Permit Application.doc Revised: 9 -2006 bh Compact: Handicap: ❑ No If "yes ", explain: ▪ None ❑ Other (specify) Will there be storage or use of flammable, combustible or hazardous materials in the building? ❑ Yes No If "yes', attach list of materials and storage locations on a separate 8 -1 /2 "x 11 " paper including quantities and Material Safety Data Sheets. SEPTIC SYSTEM ❑ On -site Septic System — For on -site septic system, provide 2 copies of a current septic design approved by King County Health Department. Page2of6 PERMIT APPLICATION NOTES — Applicable to all permits in this application Value of Construction - In all cases, a value of construction amount should be entered by the applicant. This figure will be reviewed and is subject to possible revision by the Permit Center to comply with current fee schedules. Expiration of Plan Review - Applications for which no permit is issued within 180 days following the date of application shall expire by limitation. Building and Mechanical Permit The Building Official may grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. Section 105.3.2 Intemational Building Code (current edition). Plumbing Permit The Building Official may grant one extension of time for an additional period not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated. Section 103.4.3 Uniform Plumbing Code (current edition). 1 HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE UNDER PENALTY OF PERJURY BY THE LAWS OF THE STATE OF WASHINGTON, AND I AM AUTHORIZED TO APPLY FOR THIS PERMIT. BUILDING OWNER • " y ,2) Cg Signature: ,i Date: Print Name: '- d t FAN. c a 111 J1 'E/"'t Mailing Address: lac 1 `I " 4 t� P- ` S" Date Application Expires: 101241 2 Date Application Accepted: All-do Q:1Applications\Forms- Applications On Line V-2006 - Pennit Application.doc Revised: 9 -2006 bh Day Telephone: Z C c' " 7R - " City t..� cj7�I State Zip Staff Initials: Page 6 of 6 Parcel No.: 3347400815 Address: 12014 44 PL S TUK' T Suite No: Applicant: PILE CONTRACTORS Receipt No.: R08 - 01251 Initials: JEM User ID: 1165 Payee: ACCOUNT ITEM LIST: Description BUILDING - NONRES PLAN CHECK - NONRES STATE BUILDING SURCHARGE City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 - 431 - 3670 Fax: 206 -431 -3665 Web site: http: / /www.ci.tukwila.wa.us JOSEPH L. FRAUENHEIM TRANSACTION LIST: Type Method Descriptio Amount Payment Check 5797 135.68 RECEIPT Account Code Current Pmts 000/322.100 000/345.830 000/386.904 Total: $135.68 Permit Number: D08 -202 Status: PENDING Applied Date: 04/21/2008 Issue Date: Payment Amount: $ 135.68 Payment Date: 04/21/2008 12:18 PM Balance: 50.00 99.00 32.18 4.50 1394 04/21 9710 TOTAL 135.68 doe: Receiot -06 Printed: 04 -21 -2008 COMMENTS: Type oInspection: . - kl..e ro. r A Address: 1 2.- d 14 44 C . _ Date Called: • . -; --- -- • --,,,A., r- 1 I 1 ,i1' 6 , .. 1 "lf '' f t _ - : ,,,1 I 1 '1 I fr • 1 -,, I , ' ' ) • f f f ' 7 i .A — ,i 1 ' ( (. )1 it-4 i ts- /-1 (Y 14 •-• 1" i r 1 ...' 1 CT , , AA ; ( — i• ) -•.,,, , if . i i2 0 J i , • ,(.. e- , Projecy ; \ ( 1- :1---60- • yre Type oInspection: . - kl..e ro. r Type of Inspection: ,` 1 ,‘ 4 N fi v t: - :.‘-•,,. ().,„; 1_ Address: 1 2.- d 14 44 C . _ Date Called: Address: L' ... Special InstruCtions: .-- Date Wanted: C I - e) • ..... -4-.111-- p.m. Requester: Date Wanted: Phone No: • .,.: : a.m p.m. Proje • ‘,- _ , , ,., ‘, ,, . : :_, ' ,, - Type of Inspection: ,` 1 ,‘ 4 N fi v t: - :.‘-•,,. ().,„; 1_ • ' 1 ) 4 NY J 1 Address: L' ... Date Called: Special Instructions: Date Wanted: .,•-• - • .,.: : a.m p.m. Requester: Phone No:, - INSPECTION NO. INSPECTION RECORD Retain a copy with permit • ti PERMIT NO. CITY OF TUKWILA BUILDING DIVISION 6300 Southcenter Blvd., #100, Tukwila, WA 98188 (206)431-3670 El Approved per applicable codes. Corrections required prior to approval. COMMENTS: • , , l Inspector: 'Date: ID $58.00 REINSPECTION FEE REQUIRED. Prior to inspection. fee must be paid at 6300 Southcenter Blvd.. Suite 100. Call the schedule reinspection. Receipt No.: !Date: INSPECTION RECORD Retain a copy with permit INSPECTION NO. PERMIT NO. CITY OF TUKWILA BUILDING DIVISION' 6300 Southcenter Blvd., #100, Tukwila, WA 98188 (206)431-3670 El Approved per applicable codes. 1\1\2', 71', jido L-' (— Corrections El Corrections required prior to approval. Inspector: $58.00 REINSPECTION FEE REQUIRED. Prior to inspection. fee must be paid at 6300 Southcenter Blvd., Suite 100. Call the schedule reinspection. i' t t. k--i. /\ •-- 'Date: 'Receipt No.: iDate: COMMENTS: . I , ., . ......._ Type of Inspection: , 3 c •, •, Address: i ,-, .. \,/ ,-./.. ! , ' — ' f . .,-. -; i •-.. Date Called: ... t) • ,. . , , :•?. - , : . i',.. ''''- 1 .. , .• , / Phone No: 1 . -) • I 1. 1 , j ....:., r r .., . , ■ COMMENTS: . I , ., . ......._ Type of Inspection: , 3 c •, •, Address: i ,-, .. \,/ ,-./.. ! , ' — ' f - -,--- i . [ L •-.. Date Called: ... t) . ,. . Date Wanted: 4 ) -- e --- ...) ... !,1 .• ''''- 1 .. , ! / Phone No: 1 . -) • I 1. 1 , j ....:., r r .., . , Proje i I ( Lc - . I , ., . ......._ Type of Inspection: , 3 c •, •, Address: i ,-, .. \,/ ,-./.. ! , ' — ' f - -,--- i . [ L •-.. Date Called: Special Instructions: i Special Instructions: Date Wanted: 4 ) -- e --- ...) ... Date Wanted: .... -- a.m. , P.M. Requester: L P1A. Phone No: Project: . .. _.,„ /--- , -z : T-,s:Te - //: , '('-V , 1 / .., Type of.nspection: .-- 6 ,5:-1 'f, : 1 /?- 1 ,''',1 Address: Date Called: Special Instructions: Date Wanted: 4 ) -- e --- ...) ... - 0 ' iTh- L P1A. Requester: Phone No: ...",— ,..., / ,,,,, ...' ag::._ r .., •••• / INSPECTION RECORD Retain a copy with permit INS ECTION NO. PERMIT NO. CITY OF TUKWILA BUILDINGANVISION 6300 Southcenter Blvd., *100, Tukwila, WA 98188 (206)431-3670 []Approved per applicable codes. El Corrections required prior to approval. l Inspector: 'Date: c .--- $58.00 REINSPECTION FEE REQUIRED. Prior to inspection, fee must be paid at 6300 Southcenter Blvd., Suite 100. Call the schedule reinspection. 'Receipt No.: 'Date: INSPECTION RECORD Retain a copy with permit INSPECTION NO. PERMIT NO. CITY OF TUKWILA BUILDING DIVISION /X. 6300 Southcenter Blvd., #100, Tukwila, WA 98188 (206)431-3670 Approved per applicable codes. El Corrections required prior to approval. Inspector: 'Date: $58.00 REINSPECTION FEE REQUIRED. Prior to inspection, fee must be paid at 6300 Southcenter Blvd., Suite 100. Call the schedule reinspection. Receipt No.: 'Date: Project • , ,.., .042 i) .) Type of Inspection: /—// iJ,1 if Address: ._, ; - ,-;$ A 3 ,/ , 1 ../...'1 /.....-f-i- , ,z Called: Special Instructions: , „..-- , - „, , Date Wanted: (a.m. Requester: Phoppe No; ,7.....,,,i.... el ,.....:, , s; .. e) INSPECTION RECORD Retain a copy with permit INSPECTION NO. PERMIT NO. CITY OF TUKWILA BUILDING DIVISION E. 6300 Southcenter Blvd., #1 00, Tukwila, WA 98188 (206)43 1 -3 670 In Approved per applicable codes. El Corrections required prior to approval. COMMENTS: Inspector: \ .s 'Date: ,.. ...) :- i El $58.00 REINSPECTION FEE REQUIRED. Prior to inspection. fee must be paid at 6300 Southcenter Blvd.. Suite 100. Call the schedule reinspection. Receipt No.: 'Date: N S ) PIM - 0 ::EVISIONS to th scor, i --, , vark - .mithout prior approval of Tukwila Building Division NOTE: Revisions will require a new plan subrniPal * and may include additional plan rsivi-a.w 4 0' 3' a co' 63' FL E COPY PeFill it No. Plar reviaw approval is subject to errors and omissions. Approva of constriction documents does not authorize the violation of any adopted code or ordinance. Receipt of approved Fie:id Copy and conditions is acblodectried: ITE 0 C- A - 1th Pt -6- 71.)xt";,..., tA/ 90)7a ot„,,,JEFt.s. :TOE FRo E N A-EMA exe PHIL- 20 lkiciNE SCALE 1 City of Tukwila E3LIII.DING ENVISION 56 E)<13 5HED 1o 6 e_ fe . roo t 20 • REVIEWED FOR I CODE COMPLIANCE APPEICiTEP APR 2 211Rfl y Of Tuivilla ,nING DIVISION RECEIVED CITY OF TUKVVILA APR 2 1 2008 PERMIT CENTER 1t* 242- lap' -,- ws!Ges.Ni+a^Fyy -w n ......., - r... -. ...,._-. a.. e .a.. +- _._.- ....__._..�. . .. ._. -. .. .. ...N .�^ •. _.. _ .::. .. .r�++t'_e._w . _ ..._. ._ r_...w...- ...._.,.r... _....a... _.. .... _.._.. .�.. .. ..... . _.... . r. ... .. '.. .-.. _... v,wn a+,v .. ... _. .. .. . -. ......._ .._._.r_.. ,..... ..... _. La......_ �...-._. :'_`i'.`.Y_�.AC�_._w_......v.,. r /"ib' r .._ REVIEW F u� • 4ti I; R 2 r , ,I . C C r �zl City Of Tukv4lit:i 11 s S IT R N EXISTING- 1 4x0 if ), Re4evt. tIts4 ", mt.+tA r00 6.4 7 1.►., 2, Ne,pie, $4O r ve,AA r d R tfii �- 5 /;:c 4�• $t,; ^� � F n-e edc R ePl4cc&- a r•.41e) *G I+ S. Ins -Lati. Me-+e1 F_X 15 SPED Ems axio " 5, To BE R € OO RECEIVED CITY OF TUKWILA APR 212008 PERMIT CENTER S ITE '- o CAT IDM I2014-'-1 P1. ,s Tux wlLL,4 p 1NERs ZOE pRteivENNElN1 a.r,)► PAIL (3 o4Q0A'G. :NL aa' SCALE 1' / wA,98i7e PART 1 1.1 SECTION INCLUDES 1.2 RELATED SECTIONS A. B. C. D. E. F. G. H. %Aq Mry� n. N rFA , . Engineered Solutions in Metal SECTION 07410 METAL ROOF AND WALL PANELS Joint Sealants: Installation requirements. 07410 -1 - :J1: 4:23 F � Display hidden notes to specifier. (Don't know how? Click er GENERAL A. Prefinished prefabricated nonstructural wall, mansard, fascia and soffit panels providing cladding protection of a weather barrier substrate. Section 05120 - Structural Steel: Tolerances for primary and secondary building structure supporting framework. Section 05300 - Structural Metal Roof and Floor Decking: Roof decking material and installation. Section 05400 Section 06100 Section 06125 - Section 07210 - decks. Section 07620 - Section 07710 - provisions. I. Section 07900 - 1.3 REFERENCES A. AWS Structural Welding Code D1.1 - Structural Welding Code, Steel. B. AWS Structural Welding Code D1.3 - Structural Welding Code, Sheet Steel. C. American Iron and Steel Institute (AISI) - Specification for the Design of Cold- Formed Steel Structural Members. D. American Society for Testing and Materials (ASTM) A446 - Steel sheet, zinc coated (galvanized) by the hot -dip process, structural (physical) quality. - Structural Steel Stud Framing: Exterior wall framing. - Rough Carpentry: Blocking and miscellaneous framing. Wood Decking: Wood deck material and installation. Building Insulation: Rigid insulation at insulated walls and roof Sheet Metal Flashing and Trim: Installation requirements. Gutters and Downspouts: Roof edge coordination and attachment RECEIVED CITY OF TUKWILA APR 21 2008 PERMIT CENTER E. American Society for Testing and Materials (ASTM) A653 - Standard Specification for Steel Sheet, Zinc - Coated (Galvanized) or Zinc -Iron AIIoy- Coated (Galvannealed) by the Hot -Dip Process. F. American Society for Testing and Materials (ASTM) A792 - Standard Specification for Steel Sheet, 55 percent Aluminum -Zinc AIIoy- Coated by the Hot -Dip Process. G. American Society for Testing and Materials (ASTM) B209 - Standard Specification for Aluminum and Aluminum -Alloy Sheet and Plate. H. American Society for Testing and Materials (ASTM) D523 - Standard Test Method for Specular Gloss. I. American Society for Testing and Materials (ASTM) D659 - Standard Guide for Testing Industrial Water - Reducible Coatings. J. American Society for Testing and Materials (ASTM) D822 - Standard Practice for Filtered Open -Flame Carbon -Arc Exposures of Paint and Related Coatings. K. American Society for Testing and Materials (ASTM) D2244 - Standard Practice for Calculation of Color Tolerances and Color Differences from Instrumentally Measured Color Coordinates. L. American Society for Testing and Materials ASTM E96 - Standard Test Methods for Water Vapor Transmission of Materials. M. American Society for Testing and Materials (ASTM) E283 - Standard Test Method for Rate of Air Leakage Through Exterior Curtain Walls, and Doors. N. American Society for Testing and Materials (ASTM) E331 - Standard Test Method for Water Penetration of Exterior Windows, Curtain Walls, and Doors by Uniform Static Air Pressure Difference. O. American Society for Testing and Materials (ASTM) E1592 - Standard Test Method for the Structural Performance of Sheet Metal Roofing and Siding Systems by Uniform Static Air Pressure Difference. P. American Society for Testing and Materials (ASTM) E1646 - Standard Test Method for Water Penetration of Exterior Metal Roof Panel Systems by Uniform Static Air Pressure Difference Q. American Society for Testing and Materials (ASTM) E1680 - Standard Test Method for Rate of Air Leakage Through Exterior Metal Roof Panel Systems. R. American Architectural Manufacturer's Association (AAMA) 605.2 - Voluntary Specification for High Performance Organic Coatings. S. National Roofing Contractors Association (NRCA) - Roofing Manual. T. Sheet Metal and Air Conditioning Contractors National Association, 1 nc. (SMACNA) - Architectural Sheet Metal Manual. U. Underwriters Laboratories (UL) - Building Materials Directory. 1.4 ROOFING SYSTEM REQUIREMENTS A. Uplift Requirements: 1. Design wind uplift Toad capacity of panel system capable of resisting the 07410 -2 negative uplift pressure as follows: a. Provide UL rated roofing system that has been tested in accordance with ASTM E 1592 wind uplift test procedure. B. Thermal Movements: Provide sheet metal roofing that allows for thermal movements resulting from 200 degrees F (93 degrees C) material surfaces range without permanent buckling, opening of joints, hole elongation, overstressing of components, failure of joint sealants, failure of connections, and other detrimental effects. 1. Provide clips that resist rotation and avoid shear stress as a result of sheet metal roofing thermal movements. 2. Provide slip critical details that prevent tension build -up. C. Locate snowguards as shown on the contract drawings. When using standing seam roof panels, attach each snowguard to the roof without penetrating the roof panel or restricting the panel's thermal movement. The roof panel attachment to the structure shall be calculated in accordance with the roof panel manufacturer's recommendations and be adequate to resist the forces parallel to the roof slope induced by a snow load as required by code and as required by the Architect. 1.5 SUBMITTALS A. Submit under provisions of Section 01300. B. [ Product Data ]: Manufacturer's data sheets on each product to be used, including: 1. Data substantiating materials comply with requirements. 2. Detailed specification of construction and fabrication. 3. Manufacturer's installation instructions. 4. Certified test reports indicating compliance with performance requirements specked herein and as follows: a. Certification by the manufacturer that the roofing assembly is listed by UL for the wind uplift rating specified with relevant construction number indicated. 5. Certification by the manufacturer that roofing assembly has been tested in accordance with ASTM El 592. 6. Clip fastener pull -out tests. 7. Concentrated load test data certifying compliance with specified performance requirements. 8. Preparation instructions and recommendations. 9. Storage and handling requirements and recommendations. 10. Installation methods. C. Shop Drawings: Indicate dimensions, description of materials and finishes, general construction, specific modifications, component connections, anchorage methods, hardware, and installation procedures, plus the following specific requirements. 1. Indicate material profile, jointing pattern, jointing details, fastening methods, and installation details. D. Selection Samples: For each finish product specified, two complete sets of color chips representing manufacturer's full range of available colors and patterns. E. Verification Samples: For each finish product specified, two samples, minimum size 2 -1/2 by 3 -1/2 inches (63 by 87 mm) square or 10 by 10 inches (254 by 254 mm)representing actual product, color, and patterns. 1.6 QUALITY ASSURANCE 07410 -3 A. Manufacturer Qualifications: 1. Manufacturer shall have a minimum of 10 years experience supplying metal roofing/siding to the region where the work is to be done. B. Installer Qualifications: 1. Acceptable to, licensed or certified by manufacturer. 2. Not less than 5 years experience with systems. 3. Successfully completed not less than 5 comparable scale projects using this system. C. Regulatory Requirements: 1. Comply with local Building Code requirements if more restrictive than those specified. D. Mock - Up: Provide a mock - up for evaluation of surface preparation techniques and application workmanship. 1. Finish areas designated by Architect. 2. Do not proceed with remaining work until workmanship, color, and sheen are approved by Architect. 3. Refinish mock -up area as required to produce acceptable work. 1.7 DELIVERY, STORAGE, AND HANDLING A. Protect against damage and discoloration. B. Handle panels with non - marring slings. C. Do not bend panels. D. Store panels above ground, with one end elevated for drainage. E. Protect panels against standing water and condensation between adjacent surfaces. F. If panels become wet, immediately separate sheets, wipe dry with clean cloth, and allow to air dry. G. Remove any strippable film coating prior to installation and do not allow it to remain on the panels in extreme cold, heat or in direct sunlight. H. Store and dispose of solvent -based materials, and materials used with solvent -based materials, in accordance with requirements of local authorities having jurisdiction. 1.8 PROJECT CONDITIONS A. Maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer's absolute limits. 1.9 WARRANTY A. Manufacturer /installer shall stand behind installed system for the periods described herein, starting from Date of Substantial Completion against all the conditions indicated below. When notified in writing from Owner, Manufacturer /installer shall, promptly and without inconvenience and cost to Owner, correct said deficiencies. 1. Standard Material Warranty: a. 20 years from date of Substantial Completion on coil coated material. b. Finish coating shall not peel, blister, chip, crack or check in finish, and 07410 -4 PART 2 PRODUCTS 2.1 MANUFACTURERS A. Acceptable Manufacturer: AEP Span - California; 10905 Beech Avenue, Fontana, CA 92337. Toll Free Tel: (800) 272 -2466. Tel: (800) 400 -3867 Fax: (909)823 -2625 ASD. Email: info anaepscan.com. Web: www.aeospan.com. B. Acceptable Manufacturer: AEP Span, which is located at: 5100 E. Grand Ave. P.O. Box 150449 ; Dallas, TX 75223; Toll Free Tel: 800 - 527 -2503; Tel: 214 -827 -1740; Fax: 214 - 828 -1394; Email: request info; Web: www.aepsoan.com C. Acceptable Manufacturer: AEP Span - North Carolina 1140 West Mountain Street, Kemersville, NC 27284. Toll Free Tel: (800) 800- 527 -2503. Fax: (214) 828 -1394 ASD. E -mail: info a(�.aepspan.com. Web: www.aeosoan.com. D. Acceptable Manufacturer: AEP Span - Washington 2141 Milwaukee Way, Tacoma, WA 98421. Toll Free Tel: (800) 733 -4955. Tel : (800) 447 -2744 Fax: (253) 272 -0791 ASD. Email: info @aepspan.com. Web: www.aepspan.com. 2.2 PRODUCTS shall not chalk in excess of 7 numerical ratings when measured in accordance with ASTM D659. c. Finish coating shall not change color or fade in excess of 5 NBS units as determined by ASTM D2244 and ASTM D822. 2. Standard 20 -Year Warranties: Warrant roof panels, flashings, sealants, fasteners and accessories against defective materials and /or workmanship, to remain watertight and weatherproof with normal usage following Project Substantial Completion date for the period stated below: 1) Concealed fastener roof warranty, 2 years. 2) Weathertight Side Joint Only 20 -Year Prorated Warranty: Design Span, Design Span HP, Zip -Rib, Klip Rib, Multilok -24, Select Seam Narrow Batten, Snap -Seam Span -Lok, Spanseam, and Cap -Seam. Side joint only warranties cover the weathertight integrity of the panel side joint only. This coverage is for water infiltration due to panel seam failure. Review the actual side joint weathertightness warrant for additional inclusion and exclusions. 3) Weathertight Full System (Prorated) 20 -Year Warranty: Design Span, Design Span HP, Zip -Rib, Klip Rib, Multilok -24, Select Seam Narrow Batten, Snap -Seam, Span -Lok, Spanseam, and Cap -Seam. Side joint only warranties cover the weathertight integrity of the panel side joint only. This coverage is for full system warranties for the weathertight integrity of the roof panels and all flashings. The entire roof system provided by ASC Profiles is included in this warranty. A. Acceptable Product: Exposed fastener profile panels as manufactured by AEP Span. 1. HR -36 Roof and Wall. Wall, fascia and mansard only. a. Net coverage 36 inches (914 mm), rib depth 1 -1/2 inches (38 mm) at 7.2 inches (183 mm) o.c. 2.3 FABRICATION FOR SHEET METAL ROOFING A. All steel to be correctively leveled and handled to minimize stress and waviness of 07410 -5 sheet steel. B. Form and fabricate sheets, seams, strips, clips, valleys, ridges, edge treatments, integral flashings, and other components of the metal roofing to the profiles, patterns, and drainage arrangements as determined by Architect, to provide permanent leakproof construction, with no oil canning or panel distortion. 1. Fabricate panels in full lengths with no end laps. 2. Fabricate exposed items of prefinished sheet metal, color to match panels. 3. Hem exposed edges on underside 1/2 inch (12 mm) miter and seam corners. 4. Provide for thermal expansion and contraction of the Work. 5. Seal joints to achieve leakproof construction per manufacturer's detail. C. Provide factory eave notch for eave termination (to be utilized with joggle cleat detail). D. Provide panning of panel ends is required at ridge and headwall conditions for Zip Rib installation. E. Fabricate vertical faces with bottom edge formed outward 1/4 inch and hemmed to form drip. F. Unless otherwise shown on drawings or specified herein, panels shall be full length. Fabricate flashings and accessories in longest practical lengths. G. Roofing panels shall be factory formed. Field formed panels are not acceptable. PART 3 EXECUTION 3.1 EXAMINATION A. Do not begin installation until substrates have been properly prepared. 1. Inspect installed work of other trades and verify that work required is complete. 2. Verify that installation will be made in accordance with approved shop drawings and manufacturer's instructions. B. If substrate preparation is the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding. 3.2 PREPARATION A. Roof deck substrate specified in Section 06100. 1. Solid 5/8 inch (16 mm) minimum thickness plywood substrate. a. Provide one layer of felt with horizontal overlaps and end laps staggered between layers. b. Lay parallel to ridgeline with 21/2 inches (64 mm) horizontal laps and 6 inches (152 mm) vertical laps. c. Start application at low point; work up roof laying plies in shingle fashion. 2. Insulated metal deck with 5/8 inch (16 mm) minimum thickness nailable substrate. B. Clean surfaces thoroughly prior to installation. C. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. 3.3 INSTALLATION 07410 -6 A. Install in accordance with manufacturer's instructions. 1. Follow roof panel manufacturer's directions. 2. Lap panels away from prevailing wind direction. 3. Do not stretch or compress panel side -laps. 4. Secure panels without warp or deflection. 5. Clean and dry surfaces prior to applying sealant. 6. Exposed fasteners are not allowed, except to fasten flashings, at fixed points, or as indicated on Drawings. B. Cutting and Fitting: 1. Neat, square and true. Torch cutting is prohibited where cut is exposed to final view. 2. Openings 6 inches (153 mm) and larger in any direction: Shop fabricate and reinforce to maintain original Toad capacity. 3. Where necessary to saw -cut panels, debur cut edges. C. Flashing: 1. Follow manufacturer's directions and architect approved Shop Drawings. 2. Overlap roof panels at least 6 inches (153 mm). 3. Install flashings to allow for thermal movement. 4. Remove strippable protective film, if used, immediately preceding flashing installation. D. Batten Seam System: 1. Anchor securely in place using clips and fasteners spaced in accordance with manufacturer's recommendations for design wind load criteria. 2. Make end cuts and install sealant and flashings to achieve weathertight installation. E. Standing Seam System: 1. Anchor securely in place using clips and fasteners spaced in accordance with manufacturer's recommendations for design wind Toad criteria. 2. Fully seat adjacent panels to achieve continuous engagement of standing seam joint. F. Profile Panels: 1. Follow roof panel manufacturer's directions. 2. Install panel seams vertically or horizontally as indicated on drawings. 3. Lap panels away from prevailing wind direction. 4. Do not stretch or compress panel side -laps. 5. Secure panels without warp or deflection. G. Dissimilar Metals: 1. Where sheet metal is in contact with dissimilar metals, execute juncture to facilitate drainage and minimize possibility of galvanic action. 2. At point of contact with dissimilar metal, coat metal with protective paint or tape which can be placed between metals. H. Field apply sealant to penetrations, transitions, and other locations necessary (not batten seam) for airtight, waterproof installation. 3.4 PROTECTION A. Protect installed products until completion of project. 1. Treat, or isolate with protective material, and contacting surfaces of dissimilar materials to prevent electrolytic corrosion. 2. Require workmen who will be walking on Roofing Panels to wear clean, 07410 -7 soft-soled work shoes that will not pick up stones or other abrasive material, which could cause damage or discoloration. 3. Protect work of other trades against damage and discoloration. B. Touch -up, repair or replace damaged products before Substantial Completion. END OF SECTION 07410 -8 PERMIT COORD COPY ACTIVITY NUMBER: D08 -202 DATE: 04 -21 -08 PROJECT NAME: PILE CONTRACTORS SITE ADDRESS: 12014 44 PL S X Original Plan Submittal Response to Correction Letter # Response to Incomplete Letter # Revision # After Permit Issued DEPARTMENTS: g ''vision Public Works PLAN REVIEW /ROUTING SLIP Fire Prevention Structural DETERMINATION OF COMPLETENESS: (Tues., Thurs.) Complete El Comments: Documents/routing slip.doc 2 -28 -02 Incomplete ❑ TUES/THURS ROU ING: Please Route Structural Review Required REVIEWER'S INITIALS: APPROVALS OR CORRECTIONS: Approved ❑ Approved with Conditions Notation: REVIEWER'S INITIALS: Planning Division ❑ Permit Coordinator No further Review Required DATE: DATE: DUE DATE: 04-24-08 Not Applicable ❑ Permit Center Use Only INCOMPLETE LETTER MAILED: LETTER OF COMPLETENESS MAILED: Departments determined incomplete: Bldg ❑ Fire ❑ Ping ❑ PW ❑ Staff Initials: DUE DATE: 0522-08 Not Approved (attach comments) ❑ Permit Center Use Only CORRECTION LETTER MAILED: Departments issued corrections: Bldg ❑ Fire ❑ Ping ❑ PW ❑ Staff Initials: License Information License PILECI* 101 LM Licensee Name PILE CONTRACTORS INC Licensee Type CONSTRUCTION CONTRACTOR UBI 601255122 Ind. Ins. Account Id #3 Business Type CORPORATION Address 1 375 E SUNSET WAY Address 2 City ISSAQUAH County KING State WA Zip 98027 Phone 4255578628 Status ACTIVE Specialty 1 GENERAL Specialty 2 UNUSED Effective Date 6/14/1990 Expiration Date 10/1/2008 Suspend Date Separation Date Parent Company Previous License BONONC* 103C2 Next License Associated License Business Owner Information Name Role Effective Date Expiration Date BONONCINI, PHILIP M Cancel Date 01/01/1980 Bond Amount FRAUENHEIM, JOSEPH L #3 01/01/1980 2917488 Bond Information Bond Bond Company Name Bond Account Number Effective Date Expiration Date Cancel Date Impaired Date Bond Amount Received Date #3 THE OHIO CASUALTY INS CO 2917488 09/03/2001 Until Cancelled $12,000.00 10/01/2001 Look Up a Contractor, Electrician or Plumber License Detail Page 1 of 3 Washington State Department of Labor and Industries General/Specialty Contractor A business registered as a construction contractor with L &I to perform construction work within the scope of its specialty. A General or Specialty construction Contractor must maintain a surety bond or assignment of account and carry general liability insurance. https: // fortress .wa.gov /lni/bbip /printer.aspx ?License= PILECI* 101 LM 04/30/2008 The attached packet represents the complete record that was forwarded to the Department from the Hearing Examiner's Office. FINDINGS AND DECISION OF THE HEARING EXAMINER FOR THE CITY OF TUKWILA In the Matter of the Appeal of JOSEPH & MARIE FRAUENHEIM and PHILIP & JAN BONONCINI From a Violation Notice and Order issued By the City of Tukwila Code Enforcement Officer Introduction File number: RFA10 - 537 The City Code Enforcement Officer issued a Violation Notice and Order to Joseph and Marie Frauenheim and Philip and Jan Bononcini, for violation of the Tukwila Municipal Code. The Frauenheims and the Bononcinis filed an appeal of the Violation Notice and Order. A hearing on the appeal was held before the Tukwila Hearing Examiner on February 22, 2011. Appearing at the hearing were the Appellants, by Joseph Frauenheim, pro se; and the City, by Brandon Miles, Senior Planner and Mary Hulvey, Code Enforcement Officer. For purposes of this decision, all section numbers refer to the Tukwila Municipal Code (TMC or Code) unless otherwise indicated. After due consideration of the evidence elicited during the hearing, the following shall constitute the findings of fact, conclusions, and decision of the Hearing Examiner on this appeal. Findings of Fact 1. The property which is the subject of the Violation Notice and Order consists of King County parcels 334740 -0795 (hereinafter Parcel A) and 334740 -0810 (hereinafter Parcel B). The parcels are located along 44 Place South in the Allentown Neighborhood of Tukwila and are zoned Low Density Residential (LDR). Both parcels are owned by the Appellants (also referred to in the record as Pile Contractors, Inc.). 2. The parcels are located adjacent to King County Parcel 334740 -0815 (hereinafter Parcel C). Parcel C is also zoned LDR. Parcel C is developed and is currently used for metal fabrication activities. 3. PCM Properties sold Parcels A and B to the Appellants. Prior to PCM's ownership, Parcels A, B and C were owned by Union Tank Works; it appears that Union Tank Works owned all three parcels as recently as 2000. 4. A letter from then- Director of DCD Steve Lancaster, dated June 15, 2006, to Pat Malara of PCM Properties states in part: "You have asked for confirmation that the non- conforming rights to perform Manufacturing, processing and/or assembling of previously RECEIVED MAR 0 3 20111 COMMUNITY DEVELOPMENT RFA10 -537 Page 2 of 6 manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses have not lapsed on the property at 12014 44 Place South. Based upon your June 13, 2006 letter and the lease between PCM Properties and Western Cascade Truck, Inc dated May 1, 2000 (a copy of which you previously provided), I have determined that the previously established non - confirming [sic] rights relating to this property have not been abandoned." 5. Correspondence from Union Tank Works states that "These properties have been operated as part of the facility complex used for custom metal fabrication since approximately1959 until the present." The letter does not specify which properties or parcels were used for which purposes. 6. Photographs taken by the City's Code Enforcement Officer on December 22, 2010, January 21, 2011, and February 17, 2011, show materials, including large metal pipes and girders, stored on Parcels A and B. 7. Photographs of Parcels A and B taken in 2007 and earlier, show that the two parcels were previously more heavily vegetated than is shown in the 2010 and 2011 photos, and that the parcels were not graded. No pipes or girders were visible on the lots in the photos taken in 2007. Photos of the site in 2010 and 2011 show that the parcels were cleared and graded, and that fencing which formerly separated Parcel B from Parcel C was moved. 8. The King County Assessor records describe Parcels A and B as "vacant, single family." 9. The Appellants purchased Parcels B and C in 2006 and purchased Parcel A in 2010. According to PCM Properties management, when Parcels A and B were owned by PCM, all parcels were leased to and used by Western Cascade Truck in connection with its metal fabrication activities. 10. Larry Quicksall owns property immediately to the north of Parcel A. Mr. Quicksall has resided at this property 20 years and saw no uses being made of Parcels A or B; they were vacant, vegetated lots. In the fall of 2010, Mr. Quicksall observed Parcels A and B being cleared of vegetation, and saw fill being placed on the property. He also observed that steel girders and pipes were being stored on the property by December of 2010. 11. In response to complaints about noise and activities on Parcels A and B, DCD staff inspected the site and observed the storage of steel girders and pipes on those properties. On December 30, 2010, DCD issued a Violation Notice and Order to the Appellants. The Order stated that the use of Parcels A and B for storage area was not permitted in the LDR zone; that the expansion of the use onto these two parcels represented an illegal expansion of a nonconforming use; that the use was also an illegal relocation of a nonconforming use; and that the use exceeded the permissible sound levels in the zone. 12. The Appellants filed a timely appeal on January 14, 2011. The appeal stated that the Appellants protested the order regarding the use of the lots as storage area; expansion of the use onto the parcels; and relocation of the use onto the parcels. 13. On February 16, 2011, a prehearing conference was held with the parties. After the conference, the Appellants emailed the Hearing Examiner and DCD, asking whether the City had any historical data "on these lots." DCD responded that if the email constituted a request for discovery, it was not timely, but it did forward a link to a King County website that contained information used by the City in this case. 14. On February 18, 2011, the Appellants sent an email to the Hearing Examiner, asking that the hearing be rescheduled to allow time for a response to its public records request. DCD objected on the grounds that the Appellants' request was not timely and that it was unclear what City information the City would have to assist the Appellants, who would presumably have information to support their claim that the use had been established as a nonconforming use. The request to reschedule the hearing was denied. 15. TMC 18.10 identifies the uses permitted in the LDR zone. The permitted uses do not include manufacturing or assembling of previously manufactured metals or similar industrial uses. Such uses are permitted in the City's Heavy Industrial and Manufacturing Industrial/Heavy zones, and may be permitted as conditional uses Light and Tukwila Valley South zones. 16. TMC 18.06.590 defines a nonconforming use a "the use of land which does not conform to the use regulations of the district in which the use exists." 17. TMC 18.70.040 states in part: RFA10 -537 Page 3 of 6 Any preexisting lawful use of land made nonconforming under the terms of this title may be continued as a nonconforming use, defined in TMC Chapter 18.06, so long as that use remains lawful, subject to the following: 1. No such nonconforming use shall be enlarged, intensified, increased or extended to occupy a greater use of the land, structure or combination of the two, than was occupied at the effective date of adoption of this title; 2. No nonconforming use shall be moved or extended in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title; 3. If any such nonconforming use ceases for any reason for a period of more than six consecutive months, or a total of 365 days in a three-year time period, RFA10 -537 Page4of6 whichever occurs first, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located; 18. The effective date of Title 18 was 1995. Conclusions 1. The Hearing Examiner has jurisdiction over this matter pursuant to TMC 8.45.090. 2. Parcels A and B are zoned LDR, and the storage of materials and activities taking place on those parcels shown in Attachment J to Exhibit 1, are not permitted in the LDR zone, and violate the Code. 3. The Appellants assert that these uses are legally nonconforming, and that Parcels A and B have been in use for some time in conjunction with the operations occurring on Parcel C. But the Appellants have not shown that heavy industrial uses were legally established on Parcels A and B prior to 1995 and that those uses have continued without any interruption greater than six months, which is the test required by TMC 18.70.040. Although the correspondence from Union Tank Works refers to the properties as having been "operated as part of the facility complex" on Parcel C, the parcels appear to have been left largely undeveloped and unused. 4. The Appellants indicated that Parcels A and B have been used to support the operations on Parcel C. The previous owners of the property appear to have believed that they could use Parcels A and B to support the business activities taking place on Parcel C. But the evidence at most shows that, since 2006, Parcels A and B have been used for storage or other uses that are not permitted in this zone. It may be that the Appellants were unaware of the limitations on these two parcels at the time of purchasing the property, but that does not change the Code regarding uses which are permitted in the LDR zone. That all three parcels are held in common ownerships also does not confer nonconforming status on Parcels A and B. 5. The Appellants also noted that they are simply trying to operate a business within the City, and now may be forced to sell the property to the railroad for right -of- way, which could lead to greater impacts on the neighbors in the vicinity. However, these factors do not allow Parcels A and B to be used in violation of the Code. 6. The Appellants' use of the property at the time of the issuance of the Order violated the Code as noted in the Order. Also, the appeal did not dispute that Order as to the violation of permissible noise levels at the property. Therefore, the Order should be sustained. 7. DCD argues that the fence shown in the City's 2007 photos marks the historical boundary of the nonconforming use on Parcel C and Parcels A and B. The record here supports this argument, and expansion of the Parcel C uses beyond that fence and onto Parcel B is not permitted. Entered this 2nd day of March, 2011. DCD Exhibit 2: DCD Exhibit 3: Decision RFA10 -537 Page 5 of 6 The Violation Order and Notice issued to Joseph Frauenheim, Marie L. Frauenheim, Philip Bononcini, and Jan Bononcini, is hereby SUSTAINED. Exhibits: DCD Exhibit 1: February 21 Staff Report with Attachments: A. Notice and Order issued by the City on December 30, 2010 B. King County Map and Assessor Information for Parcel A C. King County Map and Assessor Information for Parcel B D. Aerial Map with City's Zoning Information E. King County Real Estate Excise Tax Affidavit for Parcel A F. King County Real Estate Excise Tax Affidavit for Parcel B G. King County Map and Assessor Information for Parcel C H. Real Estate Excise Tax Affidavit for Parcel C I. Letter from Steve Lancaster to Pat Malara dated June 15, 2006 J. Photos of the property at time of issuance of Notice and Order K. Aerial photos L. Photos of site M. Letter from Larry E. Quicksall dated February 17, 2011 N. Letter from Brooke Alford dated February 18, 2011 O. Notice of Appeal P. Letter from William O'Connell III dated January 10, 2011 Q. Letter from Cheri Malara dated January 1, 2011 R. Real estate listing for 12014 44 Place South S. Letter from Bill Wollaston, dated February 20, 2011 Photo taken by Mr. Quicksall Photo taken by Mr. Quicksall Anne Watanabe Hearing Examiner Appellants' Exhibit 1: Statutory Warranty Deed, Appellants' Exhibit 2: PNW Title descriptions of Parcels A, B and C RFA10 -537 Page 6 of 6 CONCERNING FURTHER REVIEW TMC 8.45.090.E provides that: "The decision of the Hearing Examiner shall be final and conclusive unless appealed. In order to appeal the decision of the Hearing Examiner, a person with standing to appeal must file a land use petition, as provided in RCW 36.70C (Land Use Petition Act), within 21 days of the issuance of the Hearing Examiner's decision. The cost for transcription of all records ordered certified by the superior court for such review shall be borne by the appellant." BEFORE THE HEARING EXAMINER CITY OF TUKWILA CERTIFICATE OF SERVICE BY MAIL I, Alvia N. Williams, certify that on the 2 day of March, 2011, I deposited in the mail of the United States (with postage prepaid) a sealed envelope containing the attached FINDINGS AND DECISION, addressed to each person listed on the back of this certificate of mailing or on the attached mailing list, in the matter of JOSEPH & MAIUE FRAUENHEIM and PHILIP & JAN BONOCINI . File number(s): RFA10 - 537. I further certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct and that this certificate of service was executed this 2 " day of March, 2011, at Seattle Washington. Name: Alvia N. Williams Title: Paralegal RECEIVED MAR 0 3 20111 COMMUNITY DEVELOPMENT Mailing List for File: RFA10 -537 JOSEPH FRAUENHEIM and MARIE FRAUENHEIM PHILIP BONONCINI and JAN BONONCINI 375 EAST SUNSET WAY ISSAQUAH WA 98027 MARY L. HULVEY ENFORCEMENT OFFICER CITY OF TUKWILA 6300 SOUTHCENTER BLVD TUKWILA WA 98188 BRANDON J. MILES SENIOR PLANNER CITY OF TUKWILA 6300 SOUTHCENTER BLVD, SUITE 100 TUKWILA WA 98188 MINNIE DHALIWAY CITY OF TUKWILA 6300 SOUTHCENTER BLVD, SUITE 100 TUKWILA WA 98188 (MAILED FILE AND ORIGINAL DECISION TO MINNIE DHALIWAY) City of Tukwila Potential Witness List The following individuals may testify on Tuesday, February 22, 2011 on the matter of the Pile Contractor's Appeal of the City's Notice and Order: Brandon Miles and Mary Hulvey, will represent the City and will present staff information and research on the history of the property. Both will also provide code information and other pertinent information. The following individuals may be called to testify regarding the historical use of the property and their knowledge of what they observed regarding the removal of vegetation and the expansion of the non - conforming use : Scott Moore, Public Works Inspector Dave Stuckle, Public Works Inspector Larry Quicksall, Neighbor Craig Griffo, friend of Mr. Quicksall, Neighbor of Property Darcie Pfeifle, Resident Robert Lyman, Resident Loag Nuyen, Resident For the sake of redundancy the City may not call all people listed. January 31, 2011 Via. Regular Mail and Electronic Mail Ms. Anne Watanabe, Hearing Examiner Office of the Hearing Examiner City of Seattle PO Box 94729 Seattle, WA 98124 -4729 RE: Request for Prehearing Conformance RFA10 -537 Dear Ms. Watanabe: The City of Tukwila respectively requests that a pre - hearing conference be held for the above matter. The purpose of the pre - hearing conference would be follows: 1. For identification, clarification, and simplification of the issues; and 2. Discussion of evidence and possible witnesses. Please feel free to contact me if the City can be of assistance is arranging a time and place for the prehearing conference. don J. Miles Senior Planner cc. Appellant File City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director CT T 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 - 431 -3670 • Fax 206 -431 -3665 Department of Community Development STAFF REPORT TO HEARING EXAMINER Prepared February 21, 2011 FILE NUMBER: RFA 10 -537 APPLICATION: Appeal of a Notice and Order issued by the City of Tukwila on December 30, 2010 SITE ADDRESS: No Addresses Assigned, King County Parcels 334740-0795 and 334740- 0810 PROPERTY OWNERS: Joseph Fraunheim, Marie L. Frauenheim, Phillip Bononcini, and Jan Bononcini ZONING: Low Density Residential (LDR) NOTIFICATION: Public Notice is not required for an appeal of a Notice and Order PREPARED BY: Brandon Miles, Senior Planner ATTACHMENTS: A. Notice and Order issued by the City on December 30, 2010 B. King County Map and Assessor Information for Parcel A C. King County Map and Assessor Information for Parcel B D. Aerial Map with City's Zoning Information E. King County Real Estate Excise Tax Affidavit for Parcel A F. King County Real Estate Excise Tax Affidavit for Parcel B G. King County Map and Assessor Information for Parcel C H. Real Estate Excise Tax Affidavit for Parcel C 1. Letter from Steve Lancaster to Fat Malara dated June 15, 2006 J. Photos Representative of the Property in Question When the Notice and Order Was Issued K. Aerial Photos of Site L. Photos of Site showing Pre - Violation Conditions M. Letter from Larry E. Quicksall dated February 17, 2011 N. Letter from Brooke Alford dated February 18, 2011 O. Notice of Appeal P. Letter from William O'Connell III dated January 10, 2011 Q. Letter from Cheri Malara dated January 13, 2011 R. Real Estate Listing for 12014 44``' Place South S. Letter from Bill Wollaston, dated February 20, 2011 CITY OF TUKWILA EXHIBIT Appellant _ Respondent ADMITTED Department DENIED FILE # Jim Haggerton, Mayor Jack Pace, Director / 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 - 3670 • Fax: 206 - 431 - 3665 BACKGROUND On December 31, 2010, the City of Tukwila issued a Notice and Order (Attachment A: City's Notice and Order dated December 30, 2010) regarding the illegal expansion of and/or relocation of a non- conforming use. The Notice and Order was regarding King County Parcels 334740 - 0795 and 334740 - 0810. The City contends that the use taking place on the respective parcels is illegal and a violation of Tukwila Municipal Code (TMC) 18.10 and TMC 18.70.040 (1) and (2). The parcels in question are located directly adjacent to King County Parcel 334740-0815 which the City stipulates has non - conforming rights 2 . In fact the location of the non - conforming use was easily defined by a fence on the property. The City asserts that this fence marks the boundary of the non - conforming use. FINDINGS OF FACT SCOPE OF HEARING The specific questions before the Hearing Examiner: 1. Is the use taking place on the subject parcels permitted under the Low Density Residential Zone? 2. Has the appellant illegally expanded and/or relocated a non - conforming use? 1. The parcels in question are King County Parcels 334740 -0795 ( "Parcel A ") and 334740 - 0810 ( "Parcel B ") which are located along 44 Place South in the Allentown Neighborhood of Tukwila (Attachment B: King County Map and Assessor Information for Parcel A and Attachment C: King County Map and Assessor Information for Parcel B). Parcels A and B are zoned Low Density Residential (LDR) (Attachment D: Aerial Map with City's Zoning Information) and are located in a residential neighborhood. A residential structure is located directly to the south of Parcel A (Quicksall Residence). According to King County assessor records, both parcels are considered vacant (Attachment B: King County Map and Assessor Information for Parcel A and Attachment C: King County Map and Assessor Information for Parcel B). 2. Parcel A is owned by the appellant and was purchased from Union Tanks, Inc. in December of 2010 (Attachment E: King County Real Estate Excise Tax Affidavit). 3. Parcel B is owned by the appellant and was purchased from PCM Properties LLC in October of 2006 (Attachment F: King County Real Estate Excise Tax Affidavit). A real estate listing from 2010 noted, "Small building with fenced yard for sale only (emphasis addedXAttachment R: Real Estate Listing for 12014 44 Place South). 4. The parcels in question are located adjacent to King County Parcel 334740 -0815 ( "Parcel C "). Located on Parcel C is a garage -like structure that was constructed in 1959 (Attachment G: King County Map and Assessor Information). Parcel C was purchased by the appellant the same time that Parcel B was purchased (Attachment H: King County Real Excise Tax Affidavit for Parcel C). The specific use taking place on Parcel C is suppose to 1 As clearly indicated in the Notice and Order the City has not ordered the appellant to cease operating on King County Parcel 334740 -0815. 2 The City does not stipulate that all activities taking place on the parcel are under covered under the non - conforming rights associated with the parcel; however that question is not before the Hearing Examiner. 3 TMC 18.060.865 defines "use" as, "... [T]he nature of the activities taking place on private property or within structures thereon ". W: \Users\BRANDON\Code Enforce\Pile Contractors\FINAL STAFF REPORT, FINAL, 2011.02.21.doc 2 be, "Manufacturing processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses" (Attachment I: Letter from Steve Lancaster to Pat Malaya dated June 15, 2006). 5. Manufacturing processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses is a specific use category called out in the City's zoning code (TMC Title 18). The use is a use permitted outright in the Heavy Industrial and Manufacturing Industrial/Heavy zones and is a conditional use in the Commercial/Light Industrial, Light Industrial, Manufacturing Industrial/Light, and Tukwila Valley South zones (TMC 18.30, 18.32, 18.34, 18.36, 18.38 and 18.40). The use is not a permitted, conditional or unclassified use in the LDR zone (TMC 18.10). However, Parcel C does contain non- conforming rights and is allowed to operate under the provisions and limitations of TMC 18.70. 6. The appellant is currently using Parcels A and B in association with Parcel C (the non- conforming parcel). The following photos represent the conditions in place when the City issued its Notice and Order (additional photos are provided as Attachment J: Photos Representative of the Property in Question When the Notice and Order was Issued): Figure 1Photo taken of Parcels A and B by Mary Hulvey, Code Enforcement Officer, December 22, 2010 4 TMC 18.06.590 defines a "non - conforming use" as, "... [T]he use of land which does not conform to the use regulations of the district in which the use exists ". W: \Users\BRANDON\Code Enforce\Pile Contractors\F1NAL STAFF REPORT, FINAL, 2011.02.21.doc 3 1 Figure 2: Photo taken of Parcels A and B by Mary Hulvey, Code Enforcement Officer on December 22, 2010 Figure 3: Photo taken of Parcels A and B by Mary Hulvey, Code Enforcement O on December 22 2010 7. Aerial photos show how the property was used and clearly shows the confines of the non- conforming use. W: \Users\BRANDON\Code Enforce\Pile Contractors\FINAL STAFF REPORT, FINAL, 2011.0221.doc 4 Figure 4: Aerial Photo from September 2009 from CityGIS 8. Historical area photos (Attachment K: Aerial Photos) also show the clear line of where the non - conforming use ceased operating before the appellant's expansion into the neighboring parcels. An aerial photo from 1995, when the City's current Zoning regulations went into effect, shows that there is no evidence that Parcels A and B were being used for the vested non - conforming uses on Parcel C. This photo is consistent with other aerial photos of the site (Attachment K: Aerial Photos). The one thing that all these photos have in common is that they clearly show vegetation on Parcels A and B. W: \Users\BRANDON\Code Enforce\Pile Contractors\FINAL STAFF REPORT, FINAL, 2011.02.21.doc 5 r Figure 5: 1995 Aerial Photo provided by Aero- Metric to the City on February 18, 2011 9. Photos taken by City Staff, City Contractors, and other individuals clearly show the condition of the property before the illegal expansion, which was easily delineated by a fence (Attachment L: Photos of Site Showing Pre- Violation Conditions) Figure 6: The above photo was taken of Parcel B in February of 2007 and is immediately adjacent to the established non - conforming use. Notice the fence, with barbwire that separates the non- conforming use in Parcel C from the vacant lots. Also, the site has recently been cleared and is not flat; hence the reason the appellant filled the site. Photo was taken by Brandon Miles, Senior Planner on February 15, 2007. W: \Users\BRANDON\Code Enforce\Pile Contractors\FINAL STAFF REPORT, FINAL, 2011.02.21.doc 6 Figure 7: Again, a fence clearly delineates the non - conforming use on Parcel Cfrom the adjacent lots. Notice the trees and shrubs which have recently been cleared. Notice where the fence ends Photo taken by Brandon .L Miles, Senior Planner on February 15, 2007. 10. The City's photos are also consistent with photos provided by the King County Assessor that shows a clear line between the non - conforming use on Parcel C and the vacant Parcels A and B. Figure 8: Photo provided by King County Assessor's Office. Again, notice the fence running perpendicular to the street. 11. All the photos, both aerial and those taken by various individuals, are consistent with letters and statements provided by residents of the Allentown Neighborhood (Attachment M: Letter W: \Users\BRANDON\Code Enforce\Pile Contractors\FINAL STAFF REPORT, FINAL, 2011.02.21.doc 7 from Larry E. Quicksall dated February 17, 2011; Attachment N: Letter from Booke Alford dated February 18, 2011 and Attachment S: Letter from Bill Wollaston, dated February 20, 2011). 12. On December 30, 2010, the City issued a Notice and Order (Attachment A) regarding Parcels A and B, stating that a non - conforming use had illegally expanded and/or relocated. 13. On January 14, 2011, the appellant filed a Notice of Appeal and this hearing followed. The appellant's Notice of Appeal references TMC 18.70.040 which notes, "Any preexisting lawful use of land made non - conforming under the terms of title may be continued as nonconforming use..." DISCUSSION The specific questions before the Hearing Examiner: 1. Is the use taking place on the subject parcels permitted under the Low Density Residential Zone? 2. Has the appellant illegally expanded and/or relocated a non - conforming use? 1. Is the use taking place on the subject parcels permitted under the Low Density Residential Zone? As the findings show, the parcels subject to the appeal are zoned LDR (Attachment D: Aerial Map with City's Zoning Information). The use taking place on the subject parcels is the illegal expansion of a non - conforming use on Parcel C. As noted, that non - conforming use is "Manufacturing, processing and/or assembling of previousb, manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining and consumable electrode melting; and similar heavy industrial use". This use is a specific use category in TMC Title 18 and is allowed in various zones; however the use is clearly not permitted, even as a conditional or unclassified use, in the LDR zone (TMC 18.10.020, 18.10.030 and 18.10.040). 2. Has the appellant illegally expanded and/or relocated a non - conforming use? The only way the current use of parcels A and B can occur is if it is recognized as a legal non- conforming use. As defined by TMC 18.06.590, a non - conforming use is" flihe use of land which does not confirm to the use regulations of the district in which the use exists". Non - conforming uses are generally not favored by land use regulations, but are permitted to remain to provide fairness to historical land uses. Like many cities, the City of Tukwila provides strict limitations on the expansion and or relocation of non - conforming uses. TMC 18.70.040 (1) notes, "No such non- conforming use shall be enlarged; intensified, increased or extended to occupy a greater use of the land, structure or combination of the two, than was occupied at the e date of adoption of this title (emphasis added)." Additionally, TMC 18.70.040 (2) states, "No non - conforming use shall be moved or extended in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title (emphasis added) ". Non - Conforming uses are essentially frozen in time. Allowed to remain at their current state, but prevented from expanded or relocating. The non - conforming use associated with Parcel C is not in question. The City's Notice and Order specifically called out the illegal use that was occurring on Parcels A and B (Attachment A). While W: \Users\BRANDON\Code Enforce\Pile Contractors\FINAL STAFF REPORT, FINAL, 2011.02.21.doc 8 all of these parcels may have previously been under common ownership, ownership by itself does not extend non - conforming rights. The City's current zoning regulations went into effect in 1995. In order for the current use on Parcels A and B to qualify as a non - conforming use, the appellant must demonstrate that both Parcels have consistently been used for the same purpose since before the City's current zoning regulations were adopted in 1995 and that the use never ceased for a period of not less than six months (TMC 18.70.040). The appellant has provided no evidence to support his claim that the current use taking place on Parcels A and B is the continuation of a prior non - conforming use from before 1995 and to the current date. The appellant relies on two letters (Attachment P: Letter from William O'Connell III dated January 10, 2010 and Attachment Q: Letter from Cheri Malara dated January 13, 2010) that are vague and lack any probative value to support his claim. These letters also marry Parcels A and B to Parcel C. Again, while ownership of all three parcels may have been the same, use does not attach to an owner but rather the property in question. Common ownership of parcels is not the test to determine if non- conforming rights exists, instead the appellant must clearly show that the parcels were actually used in the same manner as how Parcel C was used. The appellant has not provided any other empirical evidence to support his claim that a non - conforming use was established on Parcels A and B prior to the effective date of the City's current zoning code, let alone that it continued since then. While the appellant has the burden of showing that a non - conforming use existed on Parcels A and B, the City has clear evidence and documentation to show that no such use existed. 1. Parcels A and B were clearly vegetated with trees and shrubs up until 2006 or 2007. The grade of the site also changed sometime in the intervening time. Also, a fence that marks the exact location of the non - conforming use on Parcel C is readily visible (Attachment J: Photos Representative of the Property in Question When the Notice and Order was Issued.; Attachment K: Aerial Photos; Attachment L: Photos of Site Showing Pre - Violation Conditions; Attachment M: Letter from Larry E. Quicksall dated February 17, 2011; Attachment N: Letter from Brooke Alford dated February 18, 2011; and Attachment S: Letter from Bill Wollaston, dated February 20, 2011). s To show that ownership is not the test, one just needs to read TMC 18.70.040 (1) which notes that non- conforming uses cannot expand within a building in which they may already be operating. It's easy to surmise that a building is not just under common ownership, but also located on a single parcel. 6 In comparing the City's photos from 2007 to those of 2010!2011 it appears that the fence is occupying more land than it previously occupied. W: \Users\BRANDON\Code Enforce\Pile Contractors\FINAL STAFF REPORT, FINAL, 2011.02.21.doc 9 Figure 9: The above photo shows the clearing activities taking place. Take notice of the utility pole and the fence. Figure 10: Notice the location of where the fence terminated Compare this photo with Figure 11. W:\Users\BRANDON\Code Enforce\Pile Contractors\FINAL STAFF REPORT, FINAL, 2011.02.21.doc 10 Figure 11: Notice the utility pole is at the same location and notice that a portion of the fence along the north side has been removed and that the fence extends further along 44 Place South then is shown in Figure 10. Figure 12: Compare with Figure 7, grade of site has changed. 2. Historical aerial photos of the site do not support the appellant's claims. The photos show the building and storage yard on Parcel C, but no uses are taking place on Parcels A and B (Attachment K: Aerial Photos of Site). 3. The King County Assessor notes that both Parcels A and B are "vacant, single family ". Compare this to King County records for Parcel C that clearly notes the industrial use taking place on the property (Attachment B: King County Map and Assessor Information for Parcel A and Attachment C: King County Map and Assessor Information for Parcel B). W:\Users\BRANDON\Code Enforce\Pile Contractors\FINAL STAFF REPORT, FINAL, 2011.02.21.doc 11 4. The appellant's stance that the properties were under common ownership is in fact wrong. The appellant did not obtain Parcel A until 2010; however the appellant assumed ownership of Parcels B and C in 2006. Prior to the appellant purchasing all three parcels, Parcel A was owned by Union Tanks while Parcels B and C were purchased from PCM Properties. Parcels A, B, and C have not been under common ownership since Union Tanks owned all three parcels in 2000. The City maintains its argument that ownership of the parcels is irrelevant in establishing any prior non - conforming use on Parcels A and B (Attachment E: Real Estate Excise Tax Affidavit for Parcel "A"; Attachment F: Real Estate Excise Tax Affidavit for Parcel "B"; and Attachment G: Real Estate Excise Tax Affidavit for Parcel "C") APPELLANT'S BURDEN A person asserting non - conforming use rights bears the burden in showing that those non- conforming rights were legally established and that they have been maintained. In order for the City's Notice and Order to be reversed the appellant would need to demonstrate the following: 1. That prior to the adoption of the zoning provisions that made the subject parcels non- conforming, that the non - conforming use was legally' established; 2. That the legally non - conforming was taking place on the parcels in question on the date of adoption of the zoning provisions that made the use non - conforming; and 3. That the use has been maintained on the subject parcels since the adoption of the zoning provisions that made it non - conforming and has not ceased for more than six months or 365 days within a three year period (TMC 18.70.040 (3)). CONCLUSION The use taking place on Parcels A and B are illegal and not permitted in the LDR zone. The appellant has failed to provide any evidence to support his claim that there are non - conforming rights associated with these parcels. In fact, the City has clearly shown that the appellant expanded the non - conforming use on Parcel C to Parcels A and B. The City has shown a clearly visible fence that served as the historical marker dividing the approved non - conforming use on Parcel C from Parcels A and B. The appellant's are illegally using Parcels A and B for industrial purposes. The close proximity of these parcels to residential uses is impacting the quality of life for residents within the neighborhood and such illegal uses must cease. REQUESTED ACTION The appellant has not met his burden. The City respectively requests that the appellant's appeal be dismissed and the City's Notice and Order be affirmed. The non - conforming use for parcel "C" must not extend past the fence that was clearly shown in the City's photos from 2007 (Attachment L). A use that was established but never legally established is afforded no protection under non - conforming regulations. W: \Users\BRANDON\Code Enforce\Pile Contractors\FINAL STAFF REPORT, FINAL, 2011.02.21.doc 12 TMC Chapter: TMC 8.45.030.E.2 Fail to comply with any applicable provisions of the TMC TMC 18.10.020 Permitted Uses Specifically: Using vacant lots as a storage area is not a permitted use within the LDR zone. TMC Chapter: TMC 18.70.040(1) Nonconforming Uses - Illegal Expansion Specifically: "No such nonconforming use shall be enlarged, intensified, increased or extended to occupy a greater use of the land...than was occupied..." Expanding use onto the two adjacent vacant parcels TMC Chapter: TMC 18.70.040(2) Nonconforming Uses - Illegal Relocation Specifically: "No nonconforming use shall be moved or extended in whole or in part to any other portion of the lot or parcel occupied by such use..." Relocating use onto the two adjacent vacant parcels TMC Chapter: TMC 8.22.050.3.B Permissible Sound Levels Specifically: "...in a residential district, no sound from a sound producing source is permitted that is plainly audible at a distance of at least 50 feet from the exterior of the sound- producing source..." Loud grading noises can be heard by neighboring properties. - Violation Location:: Tax parcel numbers 334740 -0795 and 334740 -0810 File #: RFA10 -537 Owner Name: Joseph L. Frauenheim and Marie L. Frauenheim Philip M. Bononcini and Jan G. Bononcini Address: 375 East Sunset Way City/State/Zip:: Issaquah, WA 98027 Compliance Date: Immediately Corrective Action: Cease the loud noises coming from the property that can be heard by neighboring parcels. Compliance Date: January 14, 2011 Corrective Action: Cease using the two residential vacant lots for storage. remain in the boundaries shown in the aerial photo. The non - conforming use must City of Tukwila Code Enforcement 6300 Southcenter Boulevard Tukwila, WA 98188 (206) 431 -3670 FAX: (206) 431 -3665 The undersigned City of Tukwila Code Enforcement Officer, hereby certifies and states that: is in violation of Tukwila's Municipal Code (TMC), Violation Notice And Order Tukwila Municipal Code § 8.45.050(D) Corrective Action required: Violation notice & order Attachment A Page 1 of 2 Parcel Map and Data , 3347400745 ,' 3347400765 1023049062 3347400755 ' '`3347400760 3347400710" 3347400715 "` " y 3347400144 ,,, 3347401320 '3347400786 • , 3347404785 3347400790 3347401310 '. 4 .4 ' 34740079 3347400795 3341401295 11 S4 /44fJti1U !3347400146 34/401301 3 7400814°' ' 3347400826 3347401280 ® Tukwila ih 33 7401215 `' `3347400e25 I ; ,rM , ` 334740084A 3347401265 - '— 3347401260 � 3347400860. 33 0 47401255 334740133 '' . ` � ' � 334740 4870 1 -�� ,3347400875 ,, 3347501240 g t .73347400881 5 1 t 4 S � , . x ° 3347400880 ,./ .`�.., - (C) 2 ,: ,>.0 Sett ffs0l u nty ✓ Parcel Number 3347400795 Site Address Zip code Taxpayer UNION TANK WORKS INC The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." Print Map Page Page 1 of 1 King County Always at your service King County 1 GIS Center 1 News Services 1 Comments' Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. Attachment B p vccl l 'A'' http: / /www5. kingcounty. gov /parcelviewer /Print_Process.asp 02/17/2011 . King County Department of Assessments: eReal Property King Coutty Aheays at your service Fair, Equitable, and Understandable Property Valuations You're In: Assessments » Online Services » eReal Property r itew Search I Property Tax Bill LMap This Propertyiplossary of Terms LPrint Property DetalliM PARCEL DATA !! Parcel - 1 !334740-0795 Name FRAUENHEIM JOSEPH L.MARIE LtBONONCINI PHILIP M+JAN l . Olte Address ilResidenlial Area 1024-002 (WC Appraisal District) HOME NEWS SERVICES DIRECTORY CONTACT : Search King County Department of Assessments Jurisdiction Levy Code !• 1 .. Propert Type Plat Block 1 Buikling Number Plat Lot / Unit Number 'TUKWILA 2408 R 4 15-18 Clualter-Sectlort-Tovmship-Range 1E-1o.2 RE-10.23-4 ■ i Legal Description ilHILLMANS MEADOW GARDENS DIV # 1 SELY 33 FT OF 15 & ALL 16 LESS NP R/W !LAND DATA r I. 11 Highest 8 Best Use As If Vacant SINGLE FAMILY ' Percentage Unusable I I 0 i , Highest 8 Best Use As Improved (unknown) lUnbuildeble I NO II Present Use ■ Vacant(Single-family) J j Restrictive Sin Shape I NO I ,-. I - I 0 Base Land Value 8qFt o I izolino 1 1 Base Land Value 157,000 11Water i WATER DISTRICT I i% Base Land Value Impacted 100 !Sewer/Seplic 1 F i PUBUC Base Land Valued Date 5/3/2007 PUBUC i I Base Land Value Tex Year 2008 t Panting , ? . I1Land SqFt 1 18,907 1 I Sine Surface I PAVED I I Acres 0.43 I Views Waterfront il Rainier [ — r Waterfront Location I I Territorial I Waterfront Footage arnPIGI 1 j LOt Depth Factor : i r _ ...i. i i Cascade. J Waterfront Bank 1 Seattle Skyline Tide/Shore - -, 1 11 Puget Sound Waterfront Resbicted Access I !Lake Washington Waterfront Access Rights 240 Lake Sammarrish Poor Quaky IFLake/Rlver/Creek Proximity Influence NO i I lr Oth er View_ ___ I Designations Nuisances r Tapogrephy TAX ROLL HISTORY _t. liAccount Valued Tax I Omit Levy Appraised Appraised Appraised I New Taxable Taxable 'Taxable Tax I Year Year Year dCode Land Value Imps Value Total Value Dollars Land Imps I Total Value I Value Value Value Reason 11334740079507 2010 12011 T 24013 19146.000 SO 9146,000 so 4146,000 so 5146,000 'NO . intik NA. !! Current Airport Noise s NO , i Power Une _._.. ' Ad /anent to Golf Fairway IRO Other NtliS811C14 j YES j [Adjacent to Greenbelt I NO 1 L 050n NO Problems . ___ li Deed Restridlons 140 Water Problems LNO !! I! II Rights Purchased NO _ — _ Transportation Concurrence I . NO 1 .. —_.. -- „ I[Easements NO — Other Problems - I NO II -- I . Native Grorrdh Protection Easement — NO I1.-- Environmental 11 Lease _ _ _ _ INO__ _ r Env1 f..- 1 1 1, ,_ , BUILDING I _I I Reference Links: Page 1 of 2 5HARk • King County Tax Links • Property Tax Advisor • Washington State Department of Revenue (External link) • Washington State Board of Tax Appeals (External link) • Board of il■ppeals/Eaualization • Districts Report • il2gp • Recorder's Office Scanned images of surveys and other mar) documents Scanned images of giejs http://info.kingcounty.gov/AssessodeRealProperty/Detail.aspx?ParcelNbr=3347400795 02/17/2011 - King County Department of Assessments: eReal Property Page 2 of 2 334740079507 :2009 12010 2408 :8146600 : 334740079507 2008 12039 2408 19157,000 1 1334740079507 2007 2008 ;9157,000 334740079507 2006 2007 2411 :858,000 11334740079507:2005 2008 2411 `.553.000 11334740079507 2004 2005 12411 +950,000 334740079507 2003 2004 12411 1 542,000 334740079507 2002 2003 12411 $40,000 334740079507 2001 � 2002 1 2411 539,000 334740079507 2000 12001 : 2411 538,000 334740079507 1999 1 2000 12411 1536,000 334740079507 1998 11999 i 2411 534,000 334740079507 1997 '1 1998 1 12111 50 334740079507 1906 11997 ....� 2411 SO 1334740079507 1904 11995 ; 12411 SO [334740079507 1992 1 1993 2411 SO • 1334740079507 1990 1991 124 80 1 334740079507 1988 1 14583 SO 334740079507 1986 11987 1 1503 10 '334740079507 1985 4583 80 11334740079507 1982 11983 4583 SO SALES HISTORY PERMIT HISTORY 1 HOME IMPROVEMENT EXEMPTION 'NOTES I SO � 90 s0 50 SO SO I 1 so so 1 so 50 80 50 50 110 -4 10 so i. Updated: July 9, 2010 18146,000 8157.000 9157.000 556,000 553,000 550,000 542,000 1540,000 $3&000 1536600 1834,000 5146,000 50 8148,000 8157600 50 8157,000 8157.000 'S0 • 8157,000 856,000 80 856,000 SO $53.000 SO :$53,000 150 SO 1 850,000 SO 542,000 SO X542,000 $40,000 . SO 540.000 539.000 SO 839,000 838,000 SO :538.000 SO 538.000 SO 57.000 134.000 80 1: 838,000 • 534.00 50 924,000 f0 824,000 SO ; S24.000 SO .... 524,000 SO j $24,000 50 . 524,000 SO 1922,300 50 122,300 SO $22,800 10 - ... 1 822,800 50 1 517,100 50 1 917100 r so 814.400 SO $11400 1 513,700 50 1813,100 513,700 SO 1813,700 50 Excise Recording Sale 'Sale Price Seger Name I Buyer Name 1Instrument Sale 1 Number Number Date 1 1 Reason 12470175 20101210001843 12/82010 $115,345.00 [ UNION TANK 1FRAUENHEIM JOSEPH L +MARIE ;Statutory Nara 1. I 1 WORKS INC 1 L490NONCIN PHILIP M•JAN G !Warranty Deed • REVIEW HISTORY New Search Property Tax Bill Map Thls Property Glossary of Terms Print Property Detail Quick answers 1 Property tax assessments I Taxpayer assistance 1 Online services 1 Jteoorts data 1 Forms I News room I Contact us About us 1 Site map Jima 1 Privacy 1 Accessibility 1 Terms of use 1 Search Links to extemal sites do not constitute endorsements by IGng County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. 0 2011 King County http: / /info.kingcounty.gov/ Assessor /eRealProperty /Detail.aspx ?ParcelNbr= 3347400795 02/17/2011 Parcel Map and Data 3 34740073 5 ' 3347400745 ,Y 33 47' 7 _'3 347400765 3347400760 33474007770` ��� 3347400775 347401320 � �+ 3347400785 '; 1023049062 � 3347400970 3347400790 ° 3347400788 334740790' 3 400746 1 334740079 0.9 °k 3347400810 -, 3347400810' 4i .3 740081b ' ,,// < 3347400826 Tr1�kW113 ' V, v*'' j ,F 1400825," / € 3347400840 3347 401330 `. . -' x3347400860 ./ x 3347400870 ? , 0 51ft' 1 k 334741315 si " i 3347401310\ ` 33474012 T --- 3347401295 ` 33474013011 —3347401285'" 3 34 7401280 * 3$ 3347401270 ii r 13347401265 7407260 - �..,a. , X 3347401250 334740125d r` �,3 �!l24 r19 County Parcel Number 3347400810 Site Address Zip code Taxpayer FRAUENHEIM JOE The information induded on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." Print Map Page King Always at your service King County 1 GIS Center News1Services1 Comments 1 Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. (Zit Attachment C Page 1 of 1 http://www5.kingcounty.gov/parcelviewer/Print_Process.asp 02/17/2011 King County Department of Assessments: eReal Property Page 1 of 2 King County Atr f yoor service HOME NEWS SERVICES DIRECTORY CONTACT Search King County Department of Assessments Fair, Equitable, and Understandable Property Valuations You're In: Assessments s.> Online Services » eReal Property L New Search I Property Tax Etild Map This Proper Glossary of TI Property Detail 7 PARCEL DATA IParcel 334740-0810 Jurisdiction :Name I FRAUEMIEIM JOE Levy Code II Site Address Prawn Type I • I I Residential Area I 024-002 (WC Appraisal District) Plat Mod( / Buildirg Number Plat Lot / Unit Number I Ouarter-SectiowTownship-Range i I egal Description IIHILLMANS MEADOW GARDENS DIV # 1 LESS N P RNV i i LAND DATA Highest 1fl..4 1. &. If VecaM Highest & Best Use M Improved Present Use I tease Land Value &ft i - lifts. Land Value Base Land Value Impacted I Saw Land Valued Dote Base Land Value Tex Year . Land &ft 4 13INGLE FAMILY _1(uniumwn) I Vacent(SIngle-family) 1 I 108,000 ' • TUKWIU1 ',NOB R 4 17 NEJAIDA • Percentage Unusable , 0 I Unbuildable :No I Restrictive Size Shape NO II Zoning [UM 11 Water 1 Sewer/Septic i - INATER DISTRICT I I PUBUC 'I I I I 5/3/2007 li Road Access I PUBUC r2008 I I I r i'arldng 1 !! I- 10,347 . __A I Lets._ t Surface ...._ I PAVED ; I i :Views Waterfront i i 1 • Rainier i I ■ FINaterfront Location I I I Territorial I j Waterfront Footage I I: Olyrralcs I I i Lot Depth Factor 1 %I I i liCascades I I Waterfront Bank I, i II 1 I Seattle Skyline . I 1IdeiShore 1 [ Puget Sound 1*. Washington 1 11 Restricted Access Waterfront Access Rights I NO 1 1 Lake Sammarnish 1 , 1 Poor Gushy I i l• , I Lake/River/Creek Pradmily Influence I NO Other Mew - .L Designations 1 [Topography NO -- 1 Historic Site TnifIc Noise _ . _ Current Use Airport Noise - Nbr Bldg Sites ... _. . _ ......... _ _ ____. _... ___...... _ PcwerLin.n P40 I I Other Nuisances IVES . 1 _.. Ad jacent to Greenbelt h10 ' Problems i Other Designatton NO Deed Restrictions P40 Water Problems I NO -4- , Development Ftights Purchased NO Transportation Concurrency i NO I I Easements - 1 - 48 LOlher Problems i Ho i I Native Growth Protection Easement NO Environmental - I Reference Links: • King County Tax Links • Properly Tax Advisor • Washington State Department of Revenue (Bdemal link) • Board of APpeals/Egualization • Districts Report • iMap • Recorder's Office Scanned images of surveys and other map documents Scanned images of Plats SHARF • Washington State Board of Tax Appeals (External link) http://info.kingcounty.gov/Assessor/eRealProperty/Detail.aspx?ParcelNbr=3347400810 02/17/2011 • King County Department of Assessments: eReal Property Page 2 of 2 DNR Lease BUILDING TAX ROLL HISTORY : NO Environmental NO ' Account ; Vsluod Tax Omit Levy Appraised Appraised !Appraised 'New :Taxable • Taxable ; Taxable ;Tax ;Year Year Year Code Land Value Imps Value Total Value 1 Dollars 1 Land :Imps ; Total 1Value I Value ;Wye ; Value Reason t i 1 ; i , i 334740081008 2011 2408 $100,000 • 80 18100,000 1S0 $100.000 ISO , ... 1100,000 11 2408 000.000 5 I I 2009 2010 1$100000 ISO 8100030 !S0 t t I; ! 5100000 334740081008 j 2008 2009 2408 18108,000 80 *108 000 1 so mow i so -1 um= Ms 000 t • 11334740081008 ; 2007 j2005 13 s't 00000 so _A s 1 so $108000 i 80 I i - - 1 - i islos000 1 4 , .... 11334740081008 2007 , 2411 1S50000 SO 1S50,000 ISO -1 450,000 I SO 4 1 ,1334740051005 ;2035 2005 j 2411 i S47,000 SO , 147.000 SO , 147.000 , SO i S4 1 .- r ; 334740081008 .2004 2005 r241, 1945.000 SO 1945.000 SO I 945.000 'IS0 I 845,000 1 f f 1 : 334740081008 2033 J2004 12411 I135.000 1 10 1111000 $0 1535.000 sr, t- ,334740081008!2002 05.000 A2003 12411 1$34 ....i. ,000 SO 1$34,000 40 1 oc000 iso 1 + 1 33474008100812001 1 2002 I 2411 1S33, 1000 SO IMMO I SO 11133000 i$0 isuace 33474 I 1, 2001 12411 1 532000 SO , $32.000 1 SO S32.000 I SO 433 000 1 1 1000 ZOO 12411 1_530,000 SO I mow Lso , sso.000 1 so 02.000 1130,000 , 1740081 1334033 1908 ! 1_ 1 1999 1 2411 428,000 SO IS26.000 S7,000 1 sm000 , So 2411 ---ko i szs,000 4 334740081008 1997 1998 50 !so 1 SO 1820.000 !80 , 11. 1 IS 4S20,000 2411 O 1133474038100811996 1997 SO 15 SO 420,000 180 1, I .1. ■ , j 334740081008 i 1994 . 1095 2411 10 SO , 80 i SO i *20. i 120 000 00 i SO 520 000 11 1 334740081008 Is° so i ; i1334740081008 ; 1992 1993 • $0 1 SO 1518,100 ; $o 1 2419 'SO ! So 1818,000 I SO it ` 334740061ooe rum 1991 1 so i ! so Mao 1 4 , 1 _t i , 11334740081008;1988 1 1989 1 I 4563 i SO SO j so ; SO 813.500 150 sie,000 i • f . -i . S13. 500 1 33474008100811988 1987 14563 150 SO I 50 SO j 810.800 ; 50 -,- !, S10,800 11- 14563 I SO .. r . 4 , 3347400810081 1984 i 1985 SO 1 SO 1512,000 150 1S12000 11 •, ! , 3347400810081962 14563 Ito So Ir Iso ,512.000 180 !mow ISALES HISTORY I 1 Excise Recording 3.1. 0.1. Sate Price i rkeer Name Buy. Name Metro... i Sate 1 Number Number t i- ',Reason 1 22ggia i 70061117000395 1111812008 5395,000.00 PGA PROPERTIES 1 AFFtAUENHEIM JOSEPH L•MARIE i Statutory 1 None I _ILLC 1 1.030NoNCAVI PHiL.JAN 0 I Wanwity Deed I I 1749791 20000428000607 4/25/2000 $230000.0C1 UNION TANK PCM PROPERTIES L LC Statutory I None 1 - ------------------- 1 ..................................... .. 'WORKS tNC j 111lIvranly Deed I 1 REVIEW HISTORY PERMIT HISTORY HOME IMPROVEMENT EXEMPTION NOTES [ New Search Property Tax 13111 Map Thla Property Glossary of Terms Print Property Detail Updated: July 9, 2010 Quick answer g 1 property tax assessments 1 Taxpayer assistance 1 Online seryiceg 1 BamtpA01a 1 anna 1 News room 1 Contact us 1 About us 1 Site mao tigru 1 privacy 1 Accessibility 1 Terms of use 1 aguish. Links to extemal sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. 2011 King County http://info.kingcounty.gov/Assessor/eRealProperty/Detail.aspx?ParcelNbr=3347400810 02/17/2011 Subject Property with I Zoning N 264 ft CityGIS Attachment D Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. • evenue c ...,„. (..„ it.,,,„,,,,,, c o.( k "Al' , ...- REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt POASEIYPE ORPRINT CHAPTER 82.45 RCW-CHAPTER 458-6IA WAC when stamped by cashier. . . ....THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back Mint page for instructions) .:.: .:.: ...• .1:1 Check box if partial sale of property If multiple owners, list percentage of ownership next to name Name: Joseph L Frauenheim and Marie L Frauenheim 1 and Philip M. Bononcini and Jan G. Bononcini 1 ; Name: Unionlank Works, Inc., a Washington corporation 7 5 Mailing Address .:tio:524 2nd Avenue, *500 17427 :, C . i . Y1Stater .41 Seattle, WA:98104 . 0 :.. . Phone Na (includm?troa code) : ; . . Send alepro periy tax eOrrespoildence.id f:114me u Buyer/Grantee Name Street City/State Zip Phone No. (including area Mailing Address 375 East Sunset Way city/state/zip Issaquah, WA 98027 Phone No. (including area code) List all real and personal property tax parcel account atorberacheck box irpersonal meaty 334740-0795-07 fl Lvy code: 2408 List assessed value(s) 146,000.00 101 Soeetaddressofatmiti: J This property is located in 1:3 unincorrolictl Ounty OR within E City of Tukwila 0 Check box Vim) of the kaiak parcels trio beirti segregated fir,km a largelparcet;V Legal description of property (if iribresplice is nieded, you mayttach wiiraurititheet to each page of the affidavit) THE SOUTHEASTERLY 33 FEET OF LOT 15, Alt OF JOT IfliEtOCK 4, C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NO..1, ACCORDING TO THE PAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 64, RECORDS OF KING COUNTY,....WASHINGTONj EXCEPT ANY PORTION LYING WITHIN THE NORTHERN PACIFIC RAILWAY it/GHTOP;WAY. . . • • Select Land Use Code(s): 91 - Vacant Land enter any additional eodes:, (See back of last page oeinstructtons), Is this property exempt from property tax per ihapta 84.36 RCW (non profit orgatiOriYk„ NEW bale• punt at au Signature of Grantor or 1111110111111 E2470178 12/10/2010 15:25 KING GouNTY, Ufl TAX $2,033.13 SALE $115,344.00 • :List personal projurty tangftileantl intangibIlmcluded in selling tiiice:.. .,' .:' .. 1.. : i a llone / ... „:. ••tv •:..:. •,, ..... 4 i. YES NO -.::.... I „...: .1" ,..„„,. -.• ii 4 :: YES NO If claiming an exiMptieM, lisiwAinumtier aid reason for exenption: •,. , r ; WAC No. (Section/Subseconrd D , o Is this property designaMil as fort lancljier chanta 84.33 RCW? 1:g • ..- b this property classifiesi as current use Open space, farm and El a agricultural, or timber)4and peiChaptcr 84.34 !key,/ „. Is this property receiVing special valuation ashistp4a1 proper' D ER per Clupta 84.26 ROM If any answers are yet as instruciedi (1) NOTICE OF CONTINUANCE (Ft LAD OP CURRENT USE) NEW OWNER(S) : To Continue current deargnation ax forest 'lad or classification as current use (operilpace. tifrm ana amisciilturei:ortiMber) lan4you must sign on (3) below. The county assessoti'..maf then tletarnine if the told transferred continues to qualify and will inClicate blignin;b1ow. lftho bind no longer qualifies or you do not wish to continue the delignatidt or elaisift4tion will be removed and the compensating or additional tans will be chic and vable by the seller or transferor at the time of iiile,„„.01CW 114.33340 or Fttw W. 84.34.108). Prior to signing (3) below, you may contact youi locai assessor' for more information. This land p does El does not qualify for contifitiance. e ; PAGE-081 OF 001 Name (print): William O'Connell 111 Date & city of signing: /2-101*Va afeA97726 Reason for exemption: Type of Document Statutory Warranty Deed Date of Document December '8' 2010 Gross Selling Price S 115,344.80 ZliPenonal Property (deduct) 5 Eatiption Claimed (deduct) $ Taia41c Setting Price $ 115,344.80 Tax: State 1,476.41 S 'Delinquent Interest: Sta,t; S ..pelioquenty .:Subtotal $ • 2,053.14 fitamtechnislogy Fee S idayil Pr4essing:Fee TotaIDue 5 2,05844 A MINIMUM OF S10;00 1.01.4 Es1 FEE(S).ANWOR TAX *SEE INSTRUCTIONS I PENALTY OF PERJURY THAT THE FOREGOING IS AND GaRkECT. C a al:t Grantee or Grantee's Age nt ..." .:. .„I. :: .. AhMadc: Signature of Name (print) Date and Place of signing: Attachment E •. Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution fora maximum - Min of lint incite tharctiVe years,:pr by a tine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW:9A.251.020(t)). r• REV 84 000Ia (02/13/07) THIS SPACE - TREASURER'S USE ONLY CONTY : TREASUR.ER .:: ... . Pacific Northwest Title Company 1 REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt .-sw•- •PI:P..A$E TYPE OR PRINT CHAPTER S2.45 RCW - MAPPER 45961 A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT SE ACCEPTED UNLESS ALL AREAS ON ALL ?AGES ARE FULLY cowman]) ($ as back oflast par for Instruction!) 0 Check box Down& sok of poperty If multiple owners, hst perecotage of ownesship nod to awe Ni,, r: Union Tank Waits, Inc., a Washington corporation . hiailica Add, c/o 524 2nd Avenue, #500 d. toy/tom/a N ., .. Seattle, WA 98104 PbonaNte (mc who; gnat coda) iipTespendwas e• i kons *"..":"' .• • Ci Zip tad& Northwest Title Conipeuly 3 s..^. Boyen'tkast no; No. (ialodingireaCalc) Loy Cala: 2408 sutpn' • :Wont Und, Tukwila, WA' Iwo Perak 1.2p1 dog:cloth:0 of *pony Orions spargis needed, yotiebay altadi a reparawilicet to ach par of the affidavit) THE tounesssroul 33 Fen or Lotxs, ALL qv hire oLoOK HILLMAN'S MEADOW GARDENS soorno4 TO THE CITY. OF SEATTLE, DISMSIOM NO..t, ACCOIINIMITO THE Jut TAFREoF RECORDED IN YOUJPIE 12 OF PIATS,1 PAGE 64; liECORDS laNG COUNTY; WILSHINOTON; EXCEPT ANY PORTION LY/NDWITHIN THE NORTHERN PllailTIC RAILWAY RIGHT OF WAY. 1:11 Select Laod Coda(s): 91 ... Vacant tand maw soy additional coder •:....? a .:* (See back &law pop of Waltman) ....'. YF4 k s .,. 40 h *is property aerogram property ea per (Ansa ::.. i:3 ..: .LAi ...: 14.36RCW (non profit oripoicstion)? Y! N h dais property designated as fora bad pa chapter 14.33 RCW7 Is this mostly danifigd as WOWS MC (overt spec. drm sod artiodturaL Doh:Wand a...Chagas S434 RCV/1 1, 9.. poperty rosiivi41pccia1 valuations, biracial property 0 oa per Cepos14.16 •••. Wavy answers gib yap. complatelsiastructed below • (I) NOTICE dr cormiquota OTOREST LAND OR CURREM111510 NEW OV/ste,stm To, continue . :nte amnia designation an brass bad or clusificatiod curreating(open spice dam and aviculture. or data) laud. yes wart Sign tis WV.. ThO urtiog =caw own Own &tanning if du had lowsfernof cootiouralo quit* glad wilt indicate by signing below. If the land no WK tNinifwa or iglu do as wish loconnoue the Waigution or classification, it sin be *nosed am du etafgarnalini or acycsnone num will bo dua sae yoyablo by dia:aollar ori.iranstkral st es tirrie of Ws (RCW 1433.140 or RCW $AWN/ Prior to sisal* (3) Watt, you may contact your kcal =any assessor Ow pin Wood:don. Thn bo4 don diios nc continwore )5§I ASSE5SOE OME (snouts or cdratilwilcriNe NEW.OWNER(S). To cantons stir.ial vs/pillion *historii property. am cl) belew:'1! the new amoral do at Pia co arawe, .n Whale tax calculated yarrow tisatopor 1142#1t.CW;alsoll bique andparblaby gatlettiqtwaferor at du tima El) liWNElliS) SIOATURE .• PAINT NAME i • /16144TY OF ritSAIRY S iam . of Gnawer Gnomes Aged • ..d Num 30seph L. Frauenheim and Rade L. Frauenheim and Philip N. Bonondni and Jas G. Boncedni Lis al tml aol.ene•ral W.V.,' a. La waDosetack box Nomad propoly 334740-0795-07 IM Lot 41,..any4 anamdy (OnSdylcapd manalle) =laded ut se/ling .Noner / S If claiming eireaptiedi. lishWAC siva= and reason for aeration: ::WAC No. (Seetioo/Sobseetion) :Reason Sgrectroption: •••• : " ,i , . .... . TrtuarDoeueue i' SlatetoryWarranty Deed . . . ,,,„,, Date of Docanont ':!.. pg:,..2010 Gras Selling kers S ;: t15,44.90 *Personal Property (deduct) S ....• ',', Etanytion Odra (deduct) 5 .:' ...' Taxable Sellies Wiee $ • ''1.1504420 Excise Tax: SUN 3 1,76.41 Local S *Delinquent Warm Sam $ Load S •Delinquou Pawky $ Subtotal 8 2.053.14 *Stew Teetosolost fee S 500 *Affidavit Processing Fes $ Total Dug $ Matins Address 375 East Sunset Way city/emir, Issaquah. WA 98017 Phone No. (including oral code) County OR within El City of Tukwila 9WND41119 OF MOO IS DUE IN FLAG ANWOR TAX! *SEE INSTRUCTIONS AS.GOING IS TRUE AND 2.058.14 lint sugared value(s) 146,000.00 • Name (print): withal,. Mama RI (P4.41 limo R. tit) of liSniol /2-41- -1 • P eepers: Pujory is class C felony which is puirtubithy isedspoimee aise oorreirional Manakin foil( mixlmorn otos more dun Ave years, or by a low in an mount thud by die court of aot meta thaiegyp tbsuarsd Spews (SI,CO3.018, or by.tioth values OICW 94.20.020(1CD. REV 14 000Is (02/13/07) THIS SPACE -TREASURER'S USE ONLY COUNTY TREASURER •• .:" ]7mrrm b 1 7)h-421.33o, ... . . . . , . :' NameYPCM PROPERTIES,L 1 C . A WASHINGTON LIMITED 2 13 R U A Y N E T R E E Name JOSEPH L FRAUENHEIM AND MARIE L FRAUENHEIM, InPII ITV COMPANY }II IsaaNn ANI1 W1FF AND * , . hinillniAddr12085 44TH PLACE S Mailing Address 40 SECOND AVENUE S E i ty/Sfategip TUKWIIA. WA. 618178 City/State/Zip ISSAQUAH. WA 98027 Pbode No::(including aiesiiide) ''. Phone No (mcludmg area code) 11 Name Mailing oty/stategv Phone Serli:1 all pioperli tax cOrrispondenCe to ] Sap Buyerj3rantee -.... :. - :. , I... .: g 1 is": La all real and pemonal property tax rsonal parcel account numbers • check box ifpe property 334740-081008 0 List assessed value(s) 347-000 00 Address :. :' ;.' , S .•:. '`. . *34740-0815-01 0 at wino oo ',. :: :: . .....s 1 VI (IMF P411 0 sa oo No (including area «ide) ' 0 SO 00 • s' THIS AFFIDAVIT WILL NOT BE ACCEPT61) UNLESS ALL AREAS °NALL PAGES ARE FULLY COMPLETED .• (See last page for mstructions) 'box if 'sale o(DroOCrty If multiple cisme= bat per�ntage of Ownership next to name . • . • Street address of propeAT 120144TH Pi.ACEi011ik TUKWO.NA5HINGTON 98178 This property a located in atigncorpcirated • County OR within In city of TUKWII 0 Check box if any of the hated parcels are !ieing sdgfeptea 9i lasger pansel Legal description of property (if more needdd, yowiely attach separate sheet to each peep( the affidavit) * PHIL BONONCINI AND JAN G BONONCIN1 HUSBAND AND Wift List altpersOnal or■sperty (ta4101e and intangible) included in selling NEW UV edditio and pa Enter Abstract Use Cidetones cI1MMFFCIA1 - 4 ••• (See back of last:Page for instrdetions) Seller's Exempflreg No Is this property eiceinpt fxdin propertylax per chapter 84 36 RCW (nonprofit ortananbon) ;; IA . .• : :. b this properti designlited asforest yfacl per chapter 84 311 RCW 0 Is this propesiy dassitied as dicrent (*apace, farmland 0 ariculturayor timber) land per chapt5t34 34' "..., Is dna prol*rty 26 rece;Stogipeciat valuMion as lustonCsl rty 0 per chapter .:: If any answers are yea, comple& ass:instrnfted *low (1) NOTICE OiCONTINiTANdl ($3REOTIL4ND. NEW OWNER(S) To continue be current designiftion` dasemation as current use (opeo spade, fat* and agrfcul land, you must sign on (3) beloir). Tfitsaunty *sensor if the land transferred contmues to qualify and isdi idica If the land no longer qualifies or you do not vn,s5 tsioXt or elassfacabon, if will be removed And the coMpetisatiot will be due and payable by the seller caranberor 84 33 140 or RMr 8434 108) Pnor to again (3):be your local county assessor for more information This landEl does J does not qualify for contizibance Signature of Grantor or Name (pnnt) 4 Date & city of signing Perjury. Perjury a a cbas C felony wtuch is punishable by a fine m an amount fixed by the court of not more than five REV 84 000Ia (09/01/06) TA)(AFF a/ne IOSS SEE LEGAL DESCRIPTION ATTACHED AS Der *A7' DEPUTY ASSESSOR 1111 E2250484 its ■5" REAL ESTATE EXCISE TAX AFFIDAVIT CHAPTER 82 45 RCW - CHAPTER 458-61A WAC YES NO 0 120 thiRRENT use) forest bad or re, or timber) lorthen detemune .by thtdetagnattan • additional takes e of sale (RCW may contact NO :DATE 11/17/2688 18.25 KING MINTY, WA TAX $7,838 88 SALE $3915,088 88 PAGE881 OF *81 Tir OF PERJURY THAT THE FOREGOIN IS SPACE -TREASURER'S USE ONLY Attachment F Ile exempumptst WC nu A mbei and reason for exemption g ; WACNo (Sectient/Sutisection) Reason for eimptioo Type of Document STATiITQFk WARRANTY DEED Date of Document //,(4 (9 6 Gross Selhag Pace $ Ict5.nnn nn •Pcrlonal Pluperty (deduct) $ 000 Exemption Claimed (deduct) $ 0.00 Taxable Selling Price $ 3 P 5 . 000 .00 Erase Tax State $ 000 Local $ 0 00 'D.slutquent Interest State $ 000 Local $ •Dibequent Penalty $ 000 $ 7 all Inn ?State Technolii3 Fee $ 3 151 . . Mri IPTcees 11 FIS Fee $ n m Tcria Ltuer .7,0sR LIAINIFUNDIr $10:10 IS DUE INPEE(S) AND/OR TAX .:1 IN§TEVUSIPNa' ."" • This form is your receipt when stamped by cashier Signature of y • cr • Grantee or Grantees Age Name (pant) ) Date & coy of signing Mb 1) 6 S.0. 1 rnent m the state carreebonal institution fora maximum term of not shore d un. hie yeani, or by =3 dollars (85,000 00), or by both improssonment and fine (RCW 9A 20 o2qopy courrretREAOuReit ... CHICAGO TITLE ,INSIJRANCE COMPANY AseroviNo IA504 LEGAL DES.CR.IPTibN .... The 14 . d refried to is situated in the State of Washington, Coil.Oty6f is..descnbed . . d3 100OWS .;s LOS V 111 ANIS 19 , BLOCK 4 , C D HILLMAN S MEADOW. GARDENS!ApirrioN TO THE CITY Q sFiTrLi, DIVISION NO 1, ACCORDING TO THE iLlstilYHEitEDP, ..IRECORDED IN 'VOLUME VOLUME 2 „OP'..ppiTS , PAGE 64 , IN RING COUNTY. W HUGOL. EXCEPT THAT :THEREaP.VIYINOIITHIN THE NORTHERN PACIFIC COmPASIT 1;t1GFIT OF WAY ... ........ • Parcel Map and Data 3347400745 a , F �'° 3347400765 1023049062 s , 3 3 414150755 x3 347.f0076a 3347400770 \ � ' 3347400775 a - �-' 33474007 3347441320 ,, /3347400786 s a, � � 33474150785 " "' ,' 3347400970 /3347400790 a r. 33 ,. • a� � 47 /3347400795 3347401295 3347 10 3{ 74007'46 1, 3 ' 3474 0ti81.5. 3474 28 33474412ao� Tukwila 33474008 3347401275 € x : ' ,e' 3347400840 3347411265 -_ 3347401260 ' , � �" 1 1 j 2 ,, , 3347400860 ' 3 i 3347401330, " 0 ' 3347400870 ,, I q 334740124tl ' ® s3f74Db8 3 i i ' y � ,e 3347400880 (C)201SO40j25unty ' .," 0.5841 � Parcel Number 3347400815 Site Address 12014 44TH PL S Zip code 98178 Taxpayer FRAUENHEIM JOE The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." e Print Map Page Page 1 of 1 King County Always at your service 1 King County 1 GIS Center! News! Services 1 Comments 1 Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. Attachment G http://www5.kingcounty.gov/parcelviewer/Print_Process.asp 02/17/2011 ' King County Department of Assessments: eReal Property Page 1 of 3 1 Ci King County Novaya at your setyke [Now Search 1 Property Tax 6111 Map Thls Property 1 Glossary of Terms ITPrInt Property Detail :PARCEL DATA I , Parcel 334740-0815 : . Jurisdiction TUKVALA Name 1FRAUENHEIM JOE Levy Code 208 ; C . 12014 44TH PL 8 95176 . _ . . . , Geo Area - I , Spec Area I 0-0 Plat Lot / Unit Minter ,111-18 , . DE-10-23-4 [ Oututer-Section-Township-Range 1 i 1 Legal Description .. [HILLMANS MEADOW GARDENS DIV # 1 LESS N P RY FtNV 1 LAND DATA HOME NEWS SERVICES DIRECTORY CONTACT Search King County Department of Assessments Fair, Equitable, and Understandable Property Valuations You're In: Assessments » Online Services » eReal Property IMRE Designations Nuisances _____ — -------- • Topography •isearic One Traffic Noise 1 Current Use 1 I Airport Noise t Nbr Bldg Sites Power Unes BUILDING Building Number 1 Building Description SERVICE GARAGE Number Of Bulklings 1 Aggregated Predominant Use GARAGE, SERVICE REPAIR ( Shape Rect a Slight irreg ConstmctIon Class MASONRY Building Gually LOW/AVERAGE [ Stories Building Gross Sq R 12,949 • Click the camera to see more pictures. ■ I Highest 14, Best Use As If Vacant . COMMERCIAL SEFtVICE amen nusa • 1. Highest 8, Best Use M Improved PRESENT USE Unbuildahle i ' i Present Use Service Building Restrictive Size Shape : LDR I NO i I Base Lend Value TiqFt 15 Zoning I I . . .. .. I, Base Land Value 310,100 Water I WATER DISTRICT 11' 1 : % Base Land Value Impacted 100 Sewer/Septic PUBLIC . _ . i !Base Land Valued Date 1/112011 Road Access !PUBLIC I Base Land Value Tm Year 2012 Parking 1 I Land SqFt 20,596 Street Surface , I !Acres 10.48 ___ ___ Views Waterfront Rainier 1Neterfront Location 1 _ i [Territorial Waterfront Footage I I 001141c1 .] _Lot Depth Factor I - - 1 Cascades i Waterfront Bank 'Seattle Skyline Ttde/Shore I Puget Sound I Waterfront Restricted Access 1 i Lake Washington 1 Waterfront Access Rights _IN° 1 Lake Sammariisl; Poor Duality 1 I Lake/River/Creek I Proximity Inkuence 1f40 i I NO !Adjacent to Golf Fainvay NO Other Nuisances I NO Adjacent to Greenbelt NO Problems Other Designation NO . _ . Deed __ Restrictions I _ NO Water Problems 4 .. _ ..__.... ... + Development Rights Purchased /40 Transportation Concurrency IND •__ O I YES Easements NO ther Problems Native Growth Protection Easement IMO „,1 Environmental DNR Lease NO i Environmental , NO I. I ..I I i Reference Links: • King County Tax Links • Property Tax Advisor • Washinaton State peoartment of Revenue (External link) • Washinaton State Board of Tax Atmeals (External link) • Board of Appeals/Equalization • Districts Report • Atap • Recorder's Office Scanned images of surveys and other Mao documents Scanned images of plats http://info.kingcounty.gov/Assessor/eRealProperty/Detail.aspx?ParcelNbr=3347400815 02/17/2011 King County Department of Assessments: eReal Property Page 2 of 3 Building Net Sq Ft 2.949 Year Built 1959 EtI Year . Percentage Complete ,00 Heating System ( SPACE HEATERS Spdntdela : No Elevators Section(s) Of Building Number: 1 'Seddon Number , Section Use i GARAGE SERVICE REPAIR (528) Picture of Building 1 1 Description 1 Stores Height j Feor Number ( L?° Accessory Accessory Type ; Picture ! Description j Gty 1 Unit Of Measure j Size j Grads ER Yr +% Value Canopies ! Shed 11 Square Feet ... 11500 ) 4 Low ;� 1 5000 Gress Sq Ft Net Sq Ft 12.949 2,949 Date Valued 4212009 http: / /info.kingcounty.gov/ Assessor / eRealProperty/Detail.aspx ?ParcelNbr= 3347400815 02/17/2011 King County Department of Assessments: eReal Property Page 3 of 3 Account Valued Tax ;Omit Levy Appraised ' Appraised ,New .Taxable :Taxable Taxable Tax Year Year :Year Cede Land Value kups Value Total Value !Dollars ' Land !Imps Total Value 1 : 1 1 !Value :Value Value Reason • 33474008150312010 2011 1 : 2408 8517,400 ; 541500 i 8558,900 ;10 15517,400 1841,500 18556,900 334740081503 2009 2010: : 2408 $517400 S35,900 1 0553,300 i SO 5517.400 1135,900 5553,300 1 334744 00081503 2008 2009 1 2408 5517.400 1535.900 ! 1$553,300 ; 80 15517,400 135,900 1 8553,300 : 334740081503 2007 2008 ;2411 8248,300 1834,300 15282,800 '1 S0 :$248,300 534,300 1 5282,800 • j 334740081503 2008 2007: 2411 5248300 � 530800 _., 15279100 150 : 8248,300 : 530,800 5279,100 1334740081503 2005 r 2006 1 12411 8185,500 1519.800 ; 8185,100 180 18185.500 1819.800 8185,100 334740081503 2004 .2005 ? 1 2411 $62.0 181 ' 8184800 ISO 1082,000 8102,800 5184,600 • 1 334740081503 1 2003 2004. 1 2411 $82,000 1860000 11122,000 ... 180 1$01,000 1180,000 5122,000 1334740081503 2002 2003 ... 1 2411 162,000 1 859.900 18121900 110 862,000 1 859,900 1121,900 :_ '1334740081503 2001 2002 12411 $40,000 j$81 900 11121,900 $0 i 840,000 $61,900 1121,900 334740081503 f 2000 2001 12411 840,000 ' 809,800 1, $ioa,soo 150 1840,000 : 869,900 8109,600 334740081503 1999 2000 2411 } $40.000 } $69600 . 8109800 1 10 840,000 889,800 8109,800 334740081503 1998 1999 i 2411 $40,000 1826900 1086 180 140.000 826,900 $88,900 374740061501 1998 1 2411 $0 ... ISO 1S0 ... ISO 840.000 828,900 (568,900 11334740081503 1998 1997 12411 SO 180 .. ... ISO 1840.000 528.900 1866,900 �... _._. .._ I1 3347/0081503i1981 1895 2411 41O $0 1 50 { SO 846 1 sa69oo 866.900 ....._... r.,' 334740081503 1992 _... 1993 } 1 2411 S i 10 1 SO -. ISO , ' $38,000 826900 1 864900 13347400815031980 1991 2419 90 1 80 •80 1 S0 1824,000 104.200 . $58,200 1 ..._ _. ; 334740081503 1 1988 1989 4587 SO 1$0 I s0 I80 1524,000 $34100 558200 1 3 34740081503 1 1986 1987 4563 $O 1W ,!" . _.._ } SO 536,400 $35,900 1874,300 _ I ..._ J 1 334710081501 1984 1985 i _. 14503 SO 1$0 L80 I 80 531,8°° 535,900 1$70,500 - ._ - 11334740081503 528,70 1962 1983 1 1 4583 SO [ 50 ISO ,. fO 1 0 $73.000 882,300 SALES HISTORY • 11 Excise !Recording Sale Dab Sale Price 1 Server Name Nam Buyer Na ; Instrument Number 1 Number 122534$4 120081117000395 11/18/2008 : 8395,000.00 PCM PROPERTIES FFRAUENHEIM JOSEPH L+MARIE Statutory 1 . 1 LLC 1 l BONONCINI PHIL +JAN 0 !Warranty Deed 1 1749791 120000428000667 4/25/2000 1$230,00000 UNION TANK I PCM PROPERTIES LLC :Statutory . _. _.._ __.__..._.. .. _. ...._. -... ! __..__. _. 1WORKS INC _......_._ .._. .... ........ ... -- - - 11Narranty Oeed REVIEW HISTORY 1!Tax Year 1RwMw Number IRevlew Type Appealed Value Nearing Dab Illettlemont Value _._ ,Decision StabIS -_ _- 111987 18804047 Local Appeal '$14300 f 1120/1988 1 1 SUSTAIN 1 Completed 1 1 PERMIT HISTORY HOME IMPROVEMENT EXEMPTION TAX ROLL HISTORY NOTES r New Search Property Tax Bill Map Thls Property Glossary of Terms Print Property Detail Updated: July 9, 20'10 Quick answers 1 property tax assessmentg 1 Taxpayer assistance I Online services 1 fieoorts. data 1 Fortes I News room 1 Contact ug I About us 1 Site mao O 2011 King County Sale Reason None None }jgmg 1 Privacy 1 Accessibility 1 Terms of use 1 Search Unks to external sites do not constitute endorsements by :Ong County. By visiting this and other King County web pages, you expressly agree to be bound by terns and conditions of the site. http: / /info.kingcounty.gov/ Assessor / eRealProperty/Detail.aspx ?ParcelNbr= 3347400815 02/17/2011 m - z Street NEW help• punt at tht • evenue Signature of Grantor or Mailing Address .. c/o 2nd Avenue, #500 ,citYistatazt Seattle, WA 98104 Phone Ne (includ ngarea code) ® Send alepmpotty tax aotresponderce.en • Name .. City/State Zip Name (print): William O'Connell ill ()chi: If / \\ E2470178 12/10/2010 15:25 KING COUNTY, WA $2,058.13 STALE $115,344.80 REV 84 00018 (02/13/07) Pacific Northwest Title Company REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt P! TYPE t7R CHAPTER 82.45 RCW - CHAPTER 458 -61A WAC when stamped by cashier. :THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED „ (See back of last page for instructions) ;D Check box if partial sale of property If multiple owners, list percentage of ownership next to name Name: Union ::Tank Works, Inc., a Washington Name: Joseph L Frauenheim and Marie L Frauenheim ) corporation and Philip M. Bononcini and Jan G. Bononcini k_4_,,..) k.- to ay } I Mailing Address 375 East Sunset Way a' g City/State/Zip Issaquah, WA 98027 to Phone No. (including arcs code) Same u Buyer /Grantee List all =I and personal property tax parcel account numbers-check box if persorul property 334740 0795 - 07 Phone No. (including area code)' { Levy code: 2408 © Street address of propert)■: Vacaitt.fand ;Tuleivila,. WA'' This property is located in D unincorporated ' r' County OR within © City of Tukwila D Check box if any of the Iisted pie being segregated Aim a larget'patcet.' Legal description of property (if more ipdce is needed, ybu nay.lttach i sSParitiabeet to each page of the affidavit) THE SOUTHEASTERLY 33 FEET OF LOT I5, AOL OF SOT 18 /BLOCK 4, C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NO..1, ACCORDING TO THE PT:AT THEREOF RECORpED IN VOLUME 12 OF PLATS, PAGE 64, RECORDS OF KING COUNTY,WASHINGTONj i ?" I EXCEPT ANY PORTION LYING WITHIN THE NORTHERN .PACIFI RAILWAY RIGHT OF,,WAY. 'Last all personal property. tangble'6nd intangibl focluded in selling Select Land Use Code(s): 91 - Vacant Land enter any additional codes; (See back of last page ofinstruction"i) Is this property exempt from Droperty per i1upter 84.36 RCW (non profit orgenizatioi .., YES NO Is this property designateii u forest land'per chiyter 84 .33 RCW? 0 Is this property classitieil as current use (open spice, farm and D agricultural, or dmber)iand pet`Chapter 84.34 )(CW? ,,,.. Is this property receiving special valuation 'Oilstone' al property 0 per Chapter 84.26 RCW? If an answers are y yes; complete as instrutykd,below. / ••^ A (1) NOTICE OF CONTIj 4UANCE (FOREST LAND 811 CURRENT USE) NEW OWNER(S): To ioiltinue ; .die eotrent ;ifestgnation ; gas foretst "land or classification u current use (opeii space, farm ana agripriture or,U nber) lend. you must sign on (3) below. The county aplessor _mu(Y then Seta:m ine if the laird transferred continues to qualify and will iiiilicate'liyligninjebgiow. 14tho land no longer qualifies or you do not wish to continue the designation or el{sifigition,.m will be removed and the compensating or additional taxes will be diie and jityable by the seller or transferor at the time of iile: ;44.33;140 or RCW 84.34.108). Prior to signing (3) below, you may contact you Ioca(county assessor for more information. = . c This land 0 does 0 does not qualify for continuance. '• .,,q• •x te r YES I a NO D PAGE -001 OF 001 Ante: •. e" one f' a' w . t x'� i 1: t .r [(claiming an exeirtptin'n, list.W�1 aci reason for exec ,tion: WAC No. (Section/Subseciitr Y : Reason for exemption: Type of Document Statutory Warranty Deed Date of Document December $ , 2010 Gross Selling Price S 115,344.80 f•Pe sonar Property (deduct) S Exemption Claimed (deduct) S Taxable Selling Price 5 115,344.80 :Excise Tax- State S 1,476.41 :.f oeal S •Delinquent bnterest: Ate f o al + i• •Delinquent Penalty S ,Subtotal f :. 2,053.14 •' �• a: ftate'S'echoblogyFee S 5.00 idayit Proce siniFee S''' :• Totai'Due:i < 2,058.14 A 61iNIMUM OF sio;000 Is:DUE IN FEE(S)AND /OR TAX •seE INSTkUCTIONS 1 C jF�att6{t PENALTY O PERJURY THAT THE FOREGOING I .• i ' ''' AAND T. ; Signature of - f Grantee or Gra ntee's A Date &city of signing: /2 08V0 J 77ZE 7d Name (print) Date and Place of signing: Attachment E List assessed value(s) 146,000.00 Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum"tbiii ot trot more thari'ftve years.tr by a fine in an amount fixed by the court of not more than five thousand dollars (55,000.00), or by both imprisonment and fine (RCNG9A.26020(tC)). ; THIS SPACE - TREASURER'S USE ONLY COUNTY TREASURER re474FITI4 REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt 1124SE reps QR ▪ PRINT CHAPTER 02.45 RCW - CHAPTER 4S1-6IA WAC when stamped by cashier. • • THIS AIFIDAVIT WILL NOT RE ACCEPTED UNLESS ALL ARIAS ON ALL PAGES ARE mum COMPLETED • (Soo back of lad pop for lartructions) Check boa if partial side of property If multiple roam ties nem:noon of ownership n1 11 nacre • 11 Norte: Union Tank Works, Inc, a Washington corporation ; ;It Milting Address c/o 524 2nd Avenue, 1500 Se.attle, WA 98104 • Poem": fmcJudels atm code) 5.4 al Pa..) e. awig:wedge:a 0 Suns • SuriGrocot •• /*Street:: CitAince •••• r noire No fielludingire bode) 11 Name Joseph 0.. Frauenhelm and Marie 1.. Frauenheim and Philip M. Bononcini and Jan G. Bonandni ammo 375 East Sunset Way City/StecfLip Issaquah, WA 98027 Plano No. (including area code) Lisa reel .01 p.,.01 wwww ow pool mown w indowduck ifprons/ perry 334740-0795-07 Levy code: 2408 List assessed rabags) 146,000.00 1111 Snt tMow ;Vacant Lind, TuItwfOa, WA' Thisiroperej • la Cowry OR within ED abet Tukwila chweboviemy ocim hoo Pmedi Mbebg deVegeM fm..,IRERPOrL UPI EMededbo erpntyysnn.o Mamie needed.yoli my met a moreameeMet to met page dm ammo) THE SOUTNEASTERLY 33 FEET OFLOT2.5, ALL 1:10 0 16, BLOCX 44.0. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY.OF SEATTLE, DWI:2E0M 110.1, ACCORDING TO THE ,Lott THEREOF RECORDED IN VOLUME 12 Of PLATS,1 PAGE 64; RECORDS OF:EING COUNTY, WA-901;70H; • EXCEPT ANY POKTION LYING THE noiTHERm PACIFIC RAILWAY RIGHT OF WAY. Ell Urea Land Use Code4s): ::....... List stl.permnal promo/ Danallrand km3110314 included in idling 91 - Vacant Land :: :: .. ., P4.n "•:. ,i'•' .. • (See back of het page of insanctions) „; YE§ .140 ,. : r :::1 a .:' Yonne '". ''': am my additicoal coden •:•:: le his property exempt born proporty ain par doom :: 10 .R . ...-:. .. ........... . . •. SUS RCW (non p■ofit orapnialionr .. .. .. .. i 1 YES,: Nal' b this prccaty daisputed u forest load pa Awes I4.33 ROT/ b des poperty damiEed as current use(.p. space, tbrm and 0 12 Mk:Mont or OneediNand per Chaim 41.34 RCW? des property Nedivingbmill ealuadm m bistorkal roomy 0 (a per Chapter 114161CW? •••• limy answers Vs COrploldib bc/ow. . (I) NOTICE tir corinnuarafit (FOREST LAND OR culumwr USE) NEW OW/M(S): Tp 'dm anent designation m Rem bad at elaasificaded emengaikfopen miee. Own and egrieultuns. or timber) land. yos met slgoba p) MEM pc cm" mom mat dm detennem if lb. Lod mastered continueeto quart!) eral opt hdim by signing below. ERA land era I005 onkIleles 10111001001111 to!condnue the denanation or debit/radon. R 011! b.,.4 41114.. ectlepentanne or ablidonal ma will be as mad payable tkOdler or N tbo gnu of MA (RCV/ 14.31140 or RL'W 84.3411311). 01101 00 sIgniu (3) Way', oat Mily Wad "nor Iccal county assessor *Rim isfonninion. Mr Ind 0 dow El dcWo clop•'ireati fur continuum. • 'ORYTY ASSERSOE *, PATE c . ...::. co ncrucz or crOrtfturi cr ortsrorierrorarrrin NEWOWNEfta): To cowrie CORN] colldfdeu 0 bigoi PoPod• 6P CO befmnftne mo enemdel do ein nem teemmboe. .11 .44111381 ao 411.010001 porno.; tOokaper 114.2 ItCW;ibelt bagels andneyableby Itle telletlilrembror 0) civecg5s) ATIr4 PRINT ORME ,.). /l ....u. ...• •:. ./ . F . . /... ..:: r• " ; ... .. Signatuni of Creme or Gmatoes Amid • .. Aro Nam (prem. mew. acaand! r Rod CI Of aiS.Mr z--/t, ..tkxprizeW ff 11lil0$III exeiipOpia, list;JAC peurbar and reason 4.t 00003I1010 :WAC Moctico/Sulbeeiionl :Reason 1breeerponon, Type of Dooment StatiitorvivanonLy Deed Due of Damen' :3 :..1:kbjeMbif fre...2010 Gross Sang Mae 11 1.15,3441.80 •Peron11Plopaty (deduct) S &amnion Miffed (deduct) 5 V 115i420 .' Taxable Selling Plies $ Excise TsE State $ 1t76.41 lewd $ * Delinquent Merest Sem S Local 8 *Dells/rad Peary S Subtoial S 2.053.14 *Stale rechnolov for $ 5.00 'Affidavit Promaing Fos $ 1381 0,.. $ 2.0511.14 A MINDfUld OF nom DUE PE(S) AMOK/A TAX; nut INSTRUCTIONS ?ERWIN OF rts,bpty FO REGOING 16 TRUE AND e 1 W / Perjury, Perjury is class C felony Mich is punishoblaby impriscoMentra the Mae oorreetional ittentogan ft. 6 "Amon of oor mere dun fin mark or by a 6na in 14 0100001 End by the cove of ant nora doiY Eye ibpaband doCara ($.000.00), or byliothiiiptimainset tadtbas RCP/ 91,20.020QC)). REV 41 0031. (02/1107) Pacific Northwest Title Company THIS srAct - yRzAsuo.r.!.. USE ONLY " COUNTY TREASURER Re■7 .. .• REAL, ESTATE EXCISE TAX AFFIDAVIT This form is your receipt . . . . CHAP'TER 81 45 RCW - CHAPTER 458-6IA WAC when stamped by cashier . '• EASE TYPE OA PAINT .... f THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED . . (See last page for matructums) . • Evoitci-box if real sale of property Pa If multiple owners, list percentage of ownership next to name 1 Name' PRoFERTIES, (. LC A WASHINGTON LIMITED if J iskirol ITV rnmkNY ..: ... ....... L A MedinmAddress 1?0e5 44TH PLACE S N ' ' L T ty/Stateg.ip TUKWI A VSA, 9878 FiFt. PlIqfle No,:..(induding areadOde) .'. 3 Se44 all piopeni tax cOrrispond to El Sarovis Buyerprantee — • ; • , Name " . . .., ..: i,.. .. Medal Address :. : 'S •: '. .. .: ,.... • .. .. .::: -' ,,, :.:' Qty/State/ cap ",....:.. ... . Phone No (includmg area Ode) ' • .. ...,.. .1 BR U A Y N ET RE E Name JOSEPH L FRAUENHEIM AND MARIE L FPAUENHEIM. BUSBAN) AbElltdEE.-AND Mailing Address 40 SECOND AVENUE S E City/State/Zip ISSAQUAH. WA 98027 Phone No (including area code) IA all real and personal property tax parcel account numbers • check box trpersonal property 3:14740-0/110-08 0 234740-081541 6 Of cnnF 2411 List assessed value(s) S47.00000 8185.100 00 SO 00 80 00 Street address of prope4 12014,14TH PLACE5OUTN. TUKWII:kWAS4NGTON 98178 This property is located inbtf‘ricorpc;ated . County OR within cttyof TlIkW1 A 0 Check box if any of the hated parcels are lieuig seieptei geei laier parcel Legal description of property (if moriapaceis neetfild, youlisay sitach¢sepaptesheet to each paO:of the affidavit) PHIL BONONCINI AND JAN G BONONC114; HUS5AND Afb WIFE SEE LEGAL DESCFUPT1ON ATTACHED AS ii5Q. A. Enter Abstract Use elitegones PIMMFFOIAI 4 *: (See back. of last:page for mstrdeuons) Seller's Exempt Is this property exeMpt froin pielperty4x per chapter 84 36 RCW (nondiofit ortannafmn)' L.E1 f • YES Ia thus propel' dengnitod ulorest lind per chapter 84 34 RCN" 0 b this propmny dawn as 'nu:rent Axe (odalp.see. farmland 0 agneulturallor tunher) land per chapt5t14 34 Is this proprty receinsigipecial Intuition as Mato:1CM rty 0 per chapterta 26 1CW If euiy answers ire yes, compleM aSinstrinfed *low (1) NOTICE OE 'corgagtrANcE (PREP' NEW OWNER(S) To continue the nirrent feagruitiori classification as current use (open spais fan and agfeul land, you must sign on (3) belo19. Theamanty sin= if the land transferred eontniues to quahfy and will didica If the land no longer quahlles or you do not wad tOrcon or classifacation, if ',gibe removed and the eobipaisattng wilt be due and payable by the seller oilltanSferornt the 84 33 140 or RCW 84 34 108) Poor to signing (3):belon, your local county assessor for more mfonnanon This land0 does 0 does not qualify for onntidiunice NEW t sign adchtio and pa TAXAFF 9/05 DEPUTY ASSESSOR RHIN E2250484 I CBIL Signature of Grantor or Orapor's Agen 11/17/2645 10.25 KIM COUNTY, UN TAX 7136 S8 SALK $325,000 88 Name (print) lir an 4 L424- UNDER ‘111 . 4 I Date & sty of signing Perjury- Perjury n a class C felanywluch n punishable by a fine in an amount fixed by the court of not more than five REV 54 0001a (09/01/06) Qt'- "( i r List alyPersOnal psisperty (tangible and mtlinMble) included in selling TON s • YES NO cm VA5E001 OF 001 NO C31 ICLIIRREr.rr ins) forest !arid or re, or timber) qstMen determine 42 9 48 Le thedesignatem addlOOnel hnes eeofsale '' (RCW u may contact „ 133 Type of Document STATATOPie WARRANTY 11FFD Date of Document A/ 0 fl op PERJURY THAT THE FOREGOIN Signature of Grantee or Grantee's Age rHa._ Attachment I-1 It;Fliunr tth axrephon, hat WAC itUntlat* and reason for exemption WACNo (SectinniSialcsectirdi) Reason for isemp Gross Selling Price $ 5c15 nnn nn 'Personal Property (deduct) $ 0 110 Exemption Claimed (deduct) $ Taxable Selling Price $ Exam Tax State$ Local $ •Dslinquent interest State i L.Is 11 11(1 "" •Diluiquent Penalty S $ "State Techrioleiy Fee S 5 an 0.00 395000.00 000 0.00 000 0 00 7 fr41 nn mdo�lsces n nn 4 Tc/ Rya t1 '71F1 nn 1111IINDIUKUP sillt0 IS DUE INFEE(S) AND/0 R TAX Name (pont) INFRUCTIONS'..... I "*. 0 . Date & city of simung f/i/ b Dt 6.1/41 - ..; . . Imprisonment in the state correctional institution fora maximum term Of not More than five yean, or by thousand dollars (0,000 00), or by both improsionment and (Inc (RCW 9A 5)020(1C)): LS SPACE -TREASURER'S USE ONLY COUNTY TREASURER CHICAGO TrItEINSVRAi■ICE COKtIrANY .:' EXT4BIT gScrow*o 121.5844 LEGAL IihS.CREPTIEHV : • • • . . The land referred to is situated m the State of Washington, Cciiitity.Of itusiq..-----:; .i, and is .clescnbed • as foIlows :::. .,.'. '''',:' ,.,. :•:* ..; ::' .' LOS 1-.1, le P. 19 , BLOCK 4 , C D HILLMAN S 14EADOkGARDENSIApiaTioN TO THE CITY OP SEATTIi, DIVISION NO 1, ACCORDING TO THE PLAT?InFiEGP, ...:RECORDED IN VOLE* VOLUME .42 „0?''T.LATS , MG E 64, IN KING COUNTY, i4A$Fi4k1GON,.:: EXCEPT THAT iORTON 7 1 HEREGE' " LYING . *ITHIN THE NORTHERN PACIFIC COMPANt RIGHT OF NAY . , .:-.. - .... , .,..„,,. / I i ::::. .::. z :: •'. I ::. /'' .... .:*.:, ...... I ;.: /....,:::: ..: ...... ..''''',......" ..... .....:: • ..': ::' ..:',., ............ , ...-..... 1:. .:' June 15, 2006 Pat Malara Western Cascade 12065 44 Place S. Tukwila, WA 98178 RE: Preservation of Non - Conforming Use Rights on 12014 44 Place South Dear Mr. Malara, Attachment I City of Tukwila Steven M Mullet, Mayor Department of Community Development Steve Lancaster, Director You have asked for confirmation that the non - conforming rights to perform Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production . by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses have not lapsed on the property at 12014 44 Place South. Based upon your June 13, 2006 letter and the lease between PCM Properties and Western Cascade Truck, Inc dated May 1, 2000 (a copy of which you previously provided), I have determined that the previously established non - confirming rights relating to this property have not been abandoned. The above uses may continue until such time as the site is vacant or a different use is established for more than six consecutive months or 365 days in a three -year time period, TMC 18.70.040. If you have any additional questions or comments, please call me at (206) 431 -3670. Steve Lancaster DCD Director NG • Q:\LETTERS\Malara2.DOC Page 1 of 2 06/14/2006 4:27:00 PM 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 • Attachment J Photos Representative of the Property in Question When the Notice and Order Was Issued. Photographs taken by Mary Hulvey Code Enforcement Officer February 17, 2011 Photograph taken by Mary Hulvey Code Enforcement Officer January 21, 2011 Photograph taken by Mary Hulvey Code Enforcement Officer February 17, 2011 Photograph taken by Mary Hulvey Code Enforcement Officer February 17, 2011 Photograph taken by Mary Hulvey Code Enforcement Officer December 22, 2010 Photograph taken by Mary Hulvey Code Enforcement Officer February 17, 2011 Photograph taken by Mary Hulvey Code Enforcement Officer December 22, 2010 Attachment K Aerial Photos of the Subject Site Aerial Photos from the City's Database 6 of ")-`) ii CityGIS 132 ft 0 , 4i3O 0 - / ) DG Orthophoto - June/July 1996 Photos Provided by Aero -Metric + Photo provided by Aero -Metric to the City on February 18, 2011. Date: Photo is 1995 Photo provided by Aero -Metric to the City on February 18, 2011. Date: Photo from 2004. Attachment L Photos of Site showing Pre - Violation Conditions Photo taken by Brandon J. Miles, Senior Planner on February 15, 2007 Additional Photos of Site Before Illegal Expansion of Non-Conforming Use Attachment L RFA10-537 Photo provided by King County Assessor's Office 2006/2007. The non-conforming use is on the right, notice the fence line and the vegetation present on the lot. Photo taken by Brandon Miles, Senior Planner on February 15, 2007. Non - conforming use is located on the right, notice the fence line separating the uses. Photo taken by Brandon Miles on February 15, 2007 at the exact location of the boundary between the non - conforming use and the fence line. Photo taken from King County, http: / /info.kingcounty.gov/ Assessor / eRealProperty /pictures.aspx ?ParcelNbr= 3347400815 &View =1. Notice the large tree overhanging the fence. That tree is located on parcel "B" and is now removed. Photo taken by City contractor for construction project. Property subject to appeal is located to the right where the dump truck is located. Notice the utility power adjacent to the trees and vegetation. Photo taken by City contractor for construction project. Property subject to appeal is located to the right where the dump truck is located. Again, notice the utility pole and the surrounding trees. Photo taken by City contractor for construction project. Property subject to appeal is located to the right next to the utility pole. Notice vegetation next to the utility pole and grading activities underway. Photo taken by City contractor for construction project. Property subject to appeal is located to the right where the dump truck is located. Again notice the vegetation near the utility pole. 7C ; r LP I • " 7,t 1 II le1.40 y .A A . • . Photo taken by City contractor for construction project. Property subject to appeal is located to the right where the dump truck is located. Notice the fence line and the vegetation directly behind it. 1; 4. t r y i t i14iC��∎ �� r•' _ J _� _ r• y �7�y f .. J 1 � .. + vii ° . ' i ,,..- Photo taken by City contractor for construction project. Property subject to appeal is located next to the utility pole. Again, site is vegetated. � ,c. kLyi`At 14 To: City of Tukwila, They are claiming they have used the two vacant lots adjacent to my home for commercial storage since Tukwila became a city, but to the contrary the lots were cleared in late 2010 and then and only then did they start using the lots for storage. As soon as they violated the residential zoned property by moving the large steel girders and pipes onto the property, I and other property owners in the neighborhood brought it to immediate attention of the City of Tukwila. In September or October the trees that existed for years prior were removed and fill dirt was brought in to level the land presumably for the construction of new residential housing. • Approximately three years ago most of the old growth, large trees were removed. • September /October 2010, all the remaining trees and vegetation were removed. • Fill dirt was added to level the land in the same time frame September /October 2010. • December 2010 they started using the land as commercial storage. I've been a resident, property owner for the previous 20 years here in Tukwila at 11870 44th PL S. I'm asking the City of Tukwila to prevent changes to the zoning of parcels 334740- 0795 and 334740-0810 to allow the expansion of light industry or commercial property in the neighborhood. Sincerely, Larry E. Quicksall Attachment M 11870 th PL Tukwila, WA 98178 206- 767 -3497 Feburary 17, 2011 February 18, 2011 Anne Watanabe Hearing Examiner City of Tukwila Re: industrial use expansion on 44th PI. S. Dear Anne Watanabe, Brooke Alford 4724 S. 122nd St. Tukwila, WA 98178 206.380.1267 bmarie2 @earthlink.net I am writing concerning the expansion of industrial use on the parcels at 12041 44th PI. S. I have lived in the neighborhood for ten years now. When we bought our home in Allentown in 2001 we educated ourselves on the zoning in our neighborhood. It was our understanding that the Council had determined Allentown should be wholly residential. We understood that the industrial businesses located on 44th were grandfathered in and that they could not legally expand. We thought that this use would only diminish in the future, to ultimately conform with the zoning. Because of this understanding, we were shocked when the lots adjacent to the building and property used by AmeriGas were clear cut to make room for industrial storage. Not only did they expand the industrial impact on our neighborhood, but they also removed important buffer to the adjacent BNSF operations. For years that vegetation helped to buffer the neighborhood for the noise and light pollution that comes from the activity of the railroad's facilities. The stark change of use also changes the nature of the little residential road of 44th PI and has created an extremely unsightly invasion of our neighborhood. We hope that this industrial use will immediately halt and the property be revegetated, if it is not to be legally developed for residential use. Thank you for your time and consideration. Sincerely yours, Brooke Alford Attachment N PILE CONTRACTORS, INC, 375 East Sunset Way • Issaquah, WA 98027 • (425) 557 -8628 • January 13, 2011 City of Tukwila 6300 Southcenter Boulevard Attachment 0 Tukwila, Washington, 98188 Regarding: File # RFA10 -537 - Tax Parcels Number 334740 -0795 and 334740 —0810 This is a "Notice of Appeal" of the Violation Notice and Order of the above referenced File # and parcels. "Before the Hearing Officer of the City of Tukwila" Appeal of Joseph Frauenheim, Marie Frauenheim, Philip Bononcini, and Jan Bononcini who are the owners of identified parcels. We hereby protest the following orders: 1. Using vacant lots as a storage area 2. Expanding use onto two adjacent vacant parcels 3. Relocating use unto two adjacent vacant parcels We believe that our actions are permitted under Chapter 18.70.040 Nonconforming Uses " Any preexisting lawful use of land made nonconforming under the terms of this title may be continued as a nonconforming use, defined in TMC Chapter 18.06, so long as that use remains lawful, We have provided documentation that the parcels have been used as non - conforming since 1959. We believe that this violation Notice and Order are in error and our use of the property should be continued as it has been for the last 50+ years. I declare the above statements tru : Joseph Frauenheim QC ` • .fa..090/1/4) lhl l &s 375 East Sunset Way; Issaquah, Washington Marie Frauenheim 375 East Sunset Way; Issaquah, Washington Philip Bononcini 375 East Sunset Way;,is Jan Bononcini 375 East Sunset Way; lssaqu Washington m ilt) 98' e O AUG[RCAST PILES • DRIVEN PILES • SHORING • SHEETING Fax (425) 55 t IVED JAN 9 I, 2011 CITY OF TUKWILA CITY CLERK ,, City of Tukwila 6200 Southcenter Blvd, Tukwila, WA 2 City Clerk 1101402 -1 01/14/2011 8R2 T116 Fri Jan14,2011 10:49AM Trans #1 -1 1 $100.00 NOTARY - Notary Fees * Name: FRAUENHEIM AND BONONCINI Secondary ID: APPEAL RFA10537 1 ITEM(S): TOTAL: $100.00 Check (0240) PAID $100.00 www.ci.tukwila.wa.us 206 - 433 -1800 Duplicate TMC Chapter: TMC 8.45.030.E.2 Fail to comply with any applicable provisions of the TMC TMC 18.10.020 Permitted Uses Specifically: Using vacant lots as a storage area is not a permitted use within the LDR zone. TMC Chapter: TMC 18.70.040(1) Nonconforming Uses - Illegal Expansion Specifically: "No such nonconforming use shall be enlarged, intensified, increased or extended to occupy a greater use of the land...than was occupied..." Expanding use onto the two adjacent vacant parcels TMC Chapter: TMC 18.70.040(2) Nonconforming Uses - Illegal Relocation Specifically: "No nonconforming use shall be moved or extended in whole or in part to any other portion of the lot or parcel occupied by such use..." Relocating use onto the two adjacent vacant parcels TMC Chapter: TMC 8.22.050.3.B Permissible Sound Levels Specifically: "...in a residential district, no sound from a sound producing source is permitted that is plainly audible at a distance of at least 50 feet from the exterior of the sound - producing source..." Loud grading noises can be heard by neighboring properties. Violation Location:: Tax parcel numbers 334740 -0795 and 334740 -0810 File #: RFA10 -537 Owner Name: Joseph L. Frauenheim and Marie L. Frauenheim Philip M. Bononcini and Jan G. Bononcini Address: 375 East Sunset Way City /State/Zip:: Issaquah, WA 98027 Compliance Date: Immediately Corrective Action: Cease the loud noises coming from the property that can be heard by neighboring parcels. Compliance Date: January 14, 2011 Corrective Action: Cease using the two residential vacant lots for storage. remain in the boundaries shown in the aerial photo. The non - conforming use must The undersigned City of Tukwila Code Enforcement Officer, hereby certifies and states that: is in violation of Tukwila's Municipal Code (TMC), Corrective Action required: Violation notice _4 order City of Tukwila Code Enforcement 6300 Southcenter Boulevard Tukwila, WA 98188 (206) 431 -3670 FAX: (206) 431 -3665 Violation Notice And Order Tukwila Municipal Code § 8.45.050(D) Page 1 of 2 t Signed: (-A_,� ,� I ►,=- Today's date: December 30, 2010 Name: Mar Hulde Mary Y Phone 206 - 431 -3676 Title: Code Enforcement Officer Email: mhulvey@ci.tukzvila.zva.us FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO A MONETARY PENALTY OF UP TO $500 PER DAY FOR EACH DAY THAT THE VIOLATION EXISTS UNDER THE PROVISIONS SET FORTH IN TMC 8.45.100(2). Appeal Provisions: A person may, within ten days of receipt of this notice, file with the City Clerk a written notice of appeal containing the following: 1. A heading with the words: "Before the Hearing Officer of the City of Tukwila "; 2. A caption reading: "Appeal of , giving the names of all appellants participating in the appeal; 3. A brief statement setting forth the legal interest of each of the appellants in the property involved in the notice and order; 4. A brief statement of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant or appellants; 5. A brief statement of the relief sought, and the reasons why it is claimed that the notice and order should be reversed, modified, or otherwise set aside; 6. The signature of all persons named as appellants, and their official mailing address; 7. The verification (by declaration under penalty of perjury) of each appellant as to the truth of the matters stated in the appeal. 8. The appeal fee for violations in the LDR zone is $100.00 and in all other zones is $200.00. Fees must accompany the written notice of appeal. Failure to appeal this Violation Notice and Order shall constitute a waiver of all rights to any additional administrative hearings. Failure to respond may result in the matter being forwarded to the City Attorney for further action. Violation notice & order Page 2 of 2 Union Tank Works a r /986 January 10, 2011 City of Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, Washington 98188 Reference: 12014 44 Place South, Tukwila WA Parcels # 334740 -0795, #334740 -0810, and #334740 -0815 Director of DCD: Please be advised that these parcels are part of the property owned by Union Tank Works. These properties have been operated as a part of the facility complex used for custom metal fabrication since approximately 1959 until the present. The facility has been owned and operated continuously by Union Tank Works, PCM Properties LLC, and Pile Contractors Inc. Respectfully submitted, Union Tank Works, Inc. ii/ William O'Connell III, President c. Pat Malara Joe Frauenheim Elizabeth Chambers HAND CARRIED pchmer P Mailing Address: Union Tank Works Inc., do Cairncrosss & Hempehnann, 524 2nd Ave, Suite 500 Seattle WA 98104-2323 er AVIATION PROPANE PETROLEUM DRY BULK Cargo Tank Repair & Fabrication Full Service Parts Department We Deliver! CSC Container Inspections & Repair Meter!Register Sales & Service State Certified Meter Prover Meter Calibration Full Service Fleet Maintenance Custom: Suction & Discharge Systems ASME "U" Stamp NRRI "R" Stamp Certified Welders Service mucks Computerized Maintenance Record Seeping DOT Inspections Compliance Repairs WA State Certified Emissions Test & Repair Center Registered Importer Skop Hours: On Call 24/7 Office Hours: e ..... . a n. in. January 13, 2011 Director of DCD, Respectfully, Cheri Matra Vice President, CFO WESTERN CASCADE Sales • Service • Parts Purveyor of Cargo Tanks, Containers, Trucks & Equipment City of Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 Reference: 12014 44th Pie South, Tukwila WA Parcels #334740.0795, #334740-0810, and #334740 -0815 Attac hment Q 12065 44th Place South Tukwila, WA 98178 122 TANK 1lf Locals 206 - 7.7.151 Fax: 206 - 7674157 www.vvestararascadexam R ECEIVED i 14 21111 Tyr Please be advised that these parcels were part of the property owned by Union Tank Works, then PCM Properties, now owned by Pile Contractors, Inc. Under PCM Properties ownership, the property was leased to and used by Western Cascade Truck, Inc. for use as part of the custom metal fabrication complex Ixated across the street. This property has continuously been used for custom metal fabrication since originally purchased by Union Tank Works until the present. 12014 44th Place S., Tukwila, WA, 98108 - Warehouse Property on LoopNet.com Page 1 of 4 LoopNet' Historical Industrial Sale Listing - Western Cascade Building 12014 44th Place S., Tukwila, WA, 98108 This Industrial property is Off - Market. Search below to find active commercial real estate for sale or lease. Industrial For Sale Tukwila, WA e.g. Los Angeles, CA or 91016 Search Advanced Search Browse More Listings in Industrial For Sale, Tukwila, WA or Washinoton Industrial Property - Off Market Western Cascade Building 12014 44th Place S., Tukwila, WA 98108 Price: N/A Building Size: 3,032 SF Property Type: Industrial Property Sub -type: Warehouse Property Use Type: Any Use Clear Ceiling Height: 14 ft. Lot Size: 0.71 AC • Last Verified 12/11/2006 Usting ID 14593597 Description Small building with fenced yard for sale only. Available July 1, 2006. Map of 12014 44th Place S., Tukwila, WA 98108 (King County) Hide Mao Attachment R http:// www .loopnet.com/Listing/14593597 /12014 - 44th - Place -S- Tukwila -WA/ 02/19/2011 12014 44th Place S., Tukwila, WA, 98108 - Warehouse Property on LoopNet.com Page 2 of 4 There are 12 recently sold commercial properties near this listing. $ how Recent Sales. rv 'tan N 1 t5 • < M At1 St r H 3_ �t Park S 432nd sl t1 I33rt tutrist • .... bOl (O FY S e06,' n S< 8 1209131 .6 'miles t , Additional Options Print Listing View Mao Demographics Research Price Advertisement http:// www .loopnet.com/Listing/14593597 /12014 - 44th - Place -S- Tukwila -WA/ 02/19/2011 12014 44th Place S., Tukwila, WA, 98108 - Warehouse Property on LoopNet.com Page 3 of 4 Virtual Office Solutions' Live Receptionist Services, Virtual Office Locations, Meeting. Rooms Worldwide` Created 4/24/2006 Additional Information for 12014 44th Place S, Tukwila, WA 98178 View the Property Record for this address to access additional information such as historical listings, property details, tax details, owners, mortgages, tenants, and more. Comparable Properties for 12014 44th Place S., Tukwila, WA 98108 Nearby Industrial Properties for leaseSearch all commercial real estate for lease Western Cascade Building $0.35 /SF/Year 19,557 SF Bldg 13,085 SF Manufacturing Nearby Recently Sold Industrial PropertiesSearch all recently sold commercial real estate SOLD Warehouse Sold 4Q 2006 Sold $400,000 - $450,000 The information above has been obtained from sources believed reliable. While we do not doubt its accuracy we have not verified it and make no guarantee, warranty or representation about it. It is your responsibility to Independently confirm its accuracy and completeness. Any projections, opinions, assumptions, or estimates used are for example only and do not represent the current or future performance of the property. The value of this transaction to you depends on tax and other factors which should be evaluated by your tax, financial, and legal advisors. You and your advisors should conduct a careful, Independent investigation of the property to determine to your satisfaction the suitability of the property for your needs. TB -P Ads by Goonle http:// www .loopnet.com/Listing/14593597 /12014 - 44th - Place -S- Tukwila -WA/ 02/19/2011 12014 44th Place S., Tukwila, WA, 98108 - Warehouse Property on LoopNet.com Page 4 of 4 Mortgages- Poor Credit OK Committed To Saving You Money No Upfront Costs & A Free Quote. www.ParamountEquity.com Contact Us Advertise Property About Us Slog Products Site Map Terms Of Use Privacy Policy 92011 Looptlet, Inc. CijYa oET Bi2f3t3YSOW L 4A. ►a.m e.w http:// www .loopnet.com/Listing/14593597 /12014 - 44th - Place -S- Tukwila -WA/ 02/19/2011 From: Bill Wollaston 4724 122nd St. S. Tukwila Wa. 98178 To: City of Tukwila Department of Community Development To Whom it may concern, Feb 20, 2011 I am writing to register my concern that Lots 3347400795 and 334740090 on 44th PI S in the Allen- town neighborhood of Tukwila are being used for purposes that are not supported by the zoning. See attached images below. This lot has been an empty LDR lot for the 10 years I have lived in Allentown. I pass it every day on my way to work. For many of those years the piece of land was fully wooded. This provided a great buffer to the industrial uses and 15 corridor to the east. The lot remained undeveloped until very recently. Within the last 6 months, industrial materials have been placed there. These are materials that can only be brought in and out of the neighborhood on 40 -50 foot flat bed semi tractor trailers. This is dismaying. The Allentown neighborhood is under constant pressure from surrounding industrial uses and the traffic it generates. 44th Place is currently being used by large trucks for industrial purposes that the zoning does not support. Allowing more property to be usurped for industrial uses in a residential neigh- borhood is unacceptable and foot supported by the zoning. Residents of the Allentown neighborhood should be able to jog, walk their dog, or stroll with their children without the constant concern for large scale industrial traffic and the dangers it poses. Furthermore, residents should not be awoken in the wee hours by industrial traffic seeking to load or offload or be repaired or whatever other industrial use seems handy to the landowner of these non - conforming lots. Sincerely Bill Wollaston At tachme n t S e a QB ®QBI EIhI it111n1�� @61 CIQ ❑'mm61 m; m,,m �mD D® ® md1S% i ii ! i t ' r t i i! F I i'!'tii i J' Pi ' IiE L 11 O Appellant _ Respondent ADMITTED ✓ Department? DENIED FILE # CITY OF TUKWILA EXHIBIT CITY OF TUKWILA EXHIBIT Appellant _ Respondent _ ADMITTED - Department V DENIED _ FILE # 3 WHEN RECORDED RETURN TO JOE FRAUENHEIM 40 SECOND AVENUE S.E. ISSAQUAH, WA 98027 THE GRANTOR(S) PCM PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION SUBJECT TO: NONE Tax Account Number(s)• 334740-081008; 334740-0815-03 Dated: //rkienihe//6, 2006 P i iii11ii i s ii ii its i 20061117000395 PATSY CHICAGO TITLE UD 33 00 PAGE001 OF 002 11/17/2006 10:37 KING COUNTY, WA E2250484 11/17/2006 10:25 KING COUNTY, WA SALE $7,036:00 a3 5,000.00 PAGE001 OF 001 CHICAGO TITLE INSURANCE COMPANY STATUTORY WARRANTY DEED CHICAGO TITLE INS. CO REF# 1 2: t r$i t4 - PCM PROPERTIES, L.L.C., a Washington limited liability ompany GING MEMBER i i i 1215844 in hand paid, conveys and warrants to JOSEPH L. FRAUENHEIM AND MARIE L. FRAUENHEIM, HUSBAND AND WIFE; AND PHIL BONONCINI AND JAN G. BONONCINI, HUSBAND AND WIFE the following described real estate situated in the County of KING State of Washington: LOTS 17,18 AND 19, BLOCK 4, C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME VOLUME 12 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF LYING WITHIN THE NORTHERN PACIFIC COMPANY RIGHT OF WAY CHERI MALARA, MANAGING MEMBER LPB10 /KLC /052006 CITY OF TUKWILA EXHIBIT Appellant _ Respondent _ ADMITTED Department DENIED FILE # 1 STATE OF WASHINGTON SS COUNTY OF KING I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT PATSY MALARA IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT SHE SIGNED THIS INSTRUMENT, ON OATH STATED THAT SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS MANAGING MEMBER OF PCM PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY, TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN TH a I ,e S S TRUMENT. DATED lo f % (J p NOTARY SIGNATURE PRINTED NAME: NOTARY PUBLIC IN AND FOR THE STATE F WASHINGTON � \\ 1"11 RESIDING AT ' , 17i I ,,�_11 .� 'Tf%/ I MY APPOINTMENT EXPIRES °/q spa' pT R. _ • �. r i N ; V g l • \ a "047 1 STATE OF WASHINGTON COUNTY OF KING NOTARY SIGNATURE PRINTED NAME: OlzotodEE _ 6,eE Lf/It SS NOTARY PUBLIC IN AND FOR TH STA OF y4e INGTON RESIDING AT vvi4�,T (N � MY APPOINTMENT EXPIRES I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT CHERI MALARA IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT SHE SIGNED THIS INSTRUMENT, ON OATH STATED THAT SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS MANAGING MEMBER OF PCM PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY, TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED I /NnT INS UMENT. DATED: [� �/ otglzhtlE-r6rEF/to&t_-8 NOTARY/RDA /092100 Pacific Northwest Title 4. Exception_02_20030422900012 .Zoo f0 Y22 1ltn n /2 Are — — - CI E Appellant y/ ADMITTED Respondent _ DENIED Department _ FILE # i 4 Hr MIIMCS� IIR! /AO A AMC 4CI 0•1111•••• PIIIC momm Mine Ammo, IP n( r AqI ICRl9 O(M Il I A0 M4 NCOO advn UIY . fvvetr M AYC MMI RP NO 1 IMMO RAM MO MO Ne ilesnair. mom, /0 Cr NV M COMMA Mf/i Maw dm fa M[•090.11•0t• ral Cr., N. SOX 4 C4 MIIIIO MOM MOIM AMMAIO/MCMA AMMAN ID Pm PM IMMO Mom. ft Mar II tr R /AK C.wn. waAO1C� CROSS R1SRCeca: App a • - ID 05 Maw/ Mon) AM 0CIOI MOMOa1 M R MOMIIIH! CA MOMS MOM - R /I. a Pt is WO MCI I 1 al Mt Woo lime, Am IMMO 2 ct 9 0 0 tkl 1 • y.�IiEE[ Pacific Northwest Title 9. Man Customer Mn a Hillman's Meadow Gardens Div. #1 12/64 PACIFIC NORTHWEST TOLE, No 661901 Company of Washington, Inc. IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. 4 .rm. 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G . 5.$y17•ai >: 2SSf.5.1 • ••• •. - .• •:• �•r �'..� _ _. _ .. _ .._ Ac.KNOW N • • • 5to /c if it s ' :. • �� ,,/y 1. 9 for •.. : . • 74, .1 • ... ,. . _ . •�7/S l :tc•. Cer�'ifu :, Watanabe, Anne From: Watanabe, Anne Sent: Friday, February 18, 2011 3:34 PM To: 'Brandon Miles'; joe @impacthydros.com; 'j frauenheim' Subject: Hearing Parties, The hearing will commence on Tuesday as scheduled, please provide me with (and copy each other) with your witness lists today. Thank you. Anne Watanabe Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 Fax: (206) 684 -0536 From: Brandon Miles fmailto :bmilesCaci.tukwila.wa.usl Sent: Friday, February 18, 2011 3:15 PM To: Watanabe, Anne Cc: joeimpacthydros.com Subject: Re: FW: Appeal hearing Ms. Watanabe: The City objects to the appellant's attempt to delay this matter. Pursuant to HER 2.16 (b) a request for a continuance must be made within 48 hours of a scheduled hearing. Monday is a legal holiday and the appellant has not met the prescribed timelines. The hearing date was mutually agreed between the City and the appellant. Additionally, the pre - hearing conference was a time and date selected by the appellant. The City had requested to have the pre- hearing conference sooner in order for each party to have time to prepare for the hearing; however the City's pre - hearing dates were rejected by the appellant. The appellant has had more than sufficient time to prepare for the hearing. The appellant had ample time to make a motion for discovery or to submit a public records request to the City; however no such action was taken until late Wednesday of this week (2/16) week. Additionally, it's unclear what information the City would have that would assist the appellant in his preparations. The appellant's Notice of Appeal notes that this is a continuation of a non - conforming use which would lead one to surmise that the appellant has his own information regarding the historical use of the property. 1 Watanabe, Anne From: Brandon Miles [bmiles @ci.tukwila.wa.us] Sent: Friday, February 18, 2011 3:15 PM To: Watanabe, Anne Cc: joe @impacthydros.com Subject: Re: FW: Appeal hearing Ms. Watanabe: The City objects to the appellant's attempt to delay this matter. Pursuant to HER 2.16 (b) a request for a continuance must be made within 48 hours of a scheduled hearing. Monday is a legal holiday and the appellant has not met the prescribed timelines. The hearing date was mutually agreed between the City and the appellant. Additionally, the pre - hearing conference was a time and date selected by the appellant. The City had requested to have the pre- hearing conference sooner in order for each party to have time to prepare for the hearing; however the City's pre - hearing dates were rejected by the appellant. The appellant has had more than sufficient time to prepare for the hearing. The appellant had ample time to make a motion for discovery or to submit a public records request to the City; however no such action was taken until late Wednesday of this week (2/16) week. Additionally, it's unclear what information the City would have that would assist the appellant in his preparations. The appellant's Notice of Appeal notes that this is a continuation of a non - conforming use which would lead one to surmise that the appellant has his own information regarding the historical use of the property. The City has made extensive preparations for the hearing on Tuesday, including ensuring that staff is available and putting potential witnesses on notice. The City is ready to proceed. This is an on -going code enforcement violation which is impacting the quality of life for residents in the neighborhood and needs to be resolved as quickly as possible. Respectively Submitted, Brandon Miles Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmilesCaci.tukwila.wa.us »> "Watanabe, Anne" <Anne.WatanabeOseattle.gov> 02/18/2011 2:57 PM >» Mr. Miles, It doesn't appear you were copied on this message, and I would like a response from the City before I can rule on this request. Thanks. 1 Anne Watanabe Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 Fax: (206) 684 -0536 From: Joe Frauenheim fmailto:ioeftimpacthydros.coml Sent: Friday, February 18, 2011 1:32 PM To: Watanabe, Anne Subject: Appeal hearing Anne, I have requested information from the City of Tukwila thru Brandon that will not be available by the planned Tuesday morning meeting. This information could help you make an informative decision. It makes sense to delay the meeting until the information is available. Thank You, Joe Frauenheim 2 Watanabe, Anne From: Brandon Miles [bmiles @ci.tukwila.wa.us] Sent: Thursday, February 17, 2011 5:32 PM To: Joe Frauenheim Cc: Watanabe, Anne Subject: RE: City of Tukwila Appeal Joe- The City is ready to proceed with the hearing on Tuesday. If you want to make a motion for continuance it needs to be made to the Hearing Examiner. I would encourage you to review the Hearing Examiner rules and procedures. Brandon Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmilesftci.tukwila.wa.us »> "Joe Frauenheim" <joe(aimaacthvdros.com> 02/17/2011 3:26 PM »> Brandon, If the material will not be available by Tuesday then we should probably reschedule the appeal hearing at some time after it is available. Joe Frauenheim From: Brandon Miles fmailto :bmileseci.tukwila.wa.usl Sent: Wednesday, February 16, 2011 5:16 PM To: Joe Frauenheim Subject: RE: City of Tukwila Appeal Joe- The City of Tukwila will consider you request a public records request. If that is not the case please advise. RCW 42.56 requires a prompt response to all requests for public record. Within five business days (not including weekends or State holidays) the City must: 1. release /disclose the records requested; 2. acknowledge receipt and provide an approximate time for release of the requested documents; or 3. deny the request and provide a statutory reason as to why the request is being denied. 1 The City's response to your request will be on or before February 25th. Most likely, given that Monday is a holiday, the ' City won't be able to respond to your request until after the hearing on Regards, Brandon Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles @ci.tukwila.wa.us »> "Joe Frauenheim" <ioe @impacthydros.com> 02/16/2011 4:07 PM »> Anne, I have looked at the King County Information but was wondering if the City of Tukwila has information pertinent to those lots that is not on the King county website, then it might be usefull to resolve this issue. Thank you, Joe Frauenheim From: Watanabe, Anne jmailto :Anne.Watanabe @seattle.govl Sent: Wednesday, February 16, 2011 3:47 PM To: Brandon Miles; Joe Frauenheim Subject: RE: City of Tukwila Appeal Parties, I'm assuming that Mr. Miles's message responds to Mr. Frauenheim's question about historical data utilized by the City. Anne Watanabe Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 Fax: (206)684 -0536 2 Watanabe, Anne From: Watanabe, Anne Sent: Wednesday, February 16, 2011 4:41 PM To: 'Joe Frauenheim; 'Brandon Miles' Subject: RE: City of Tukwila Appeal Mr. Frauenheim, I'd encourage you to discuss this directly with Mr. Miles, since my role as hearing officer limits my ability to provide any advice or information to either party. Anne Watanabe From: Joe Frauenheim jmailto:joeC )impacthydros.coml Sent: Wednesday, February 16, 2011 4:08 PM To: Watanabe, Anne; 'Brandon Miles' Subject: RE: City of Tukwila Appeal Anne, I have looked at the King County Information but was wondering if the City of Tukwila has information pertinent to those lots that is not on the King county website, then it might be useful) to resolve this issue. Thank you, Joe Frauenheim From: Watanabe, Anne jmailto :Anne.Watanabe @seattle.gov1 Sent: Wednesday, February 16, 2011 3:47 PM To: Brandon Miles; Joe Frauenheim Subject: RE: City of Tukwila Appeal Parties, I'm assuming that Mr. Miles's message responds to Mr. Frauenheim's question about historical data utilized by the City. Anne Watanabe 1 Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 Fax: (206) 684 -0536 From: Brandon Miles rmailto :bmilesOci.tukwila.wa.usl Sent: Wednesday, February 16, 2011 3:36 PM To: Joe Frauenheim; Watanabe, Anne Subject: Re: City of Tukwila Appeal Ms. Watanabe- Is this a motion for discovery? Given the close proximity to the hearing date, the City is unable to provide any documents prior to the hearing. With that said, the City has relied heavily on King County documents which can be found at: http: / /www5. kingcounty.gov /parcelviewer /viewer /kingcounty/viewer.asp Regards, Brandon Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles(aci.tukwila.wa.us »> "Joe Frauenheim" <joe impacthydros.com> 02/16/2011 3:01 PM »> Anne, Is it possible for the City of Tukwila to provide any historical data they might have on those lots so that we might have a clear picture of their history? It might help to get as much information as possible. Thank you, 2 Joe Frauenheim 3 From: Brandon Miles fmailto :bmiles @ci.tukwila.wa.usl Sent: Wednesday, February 16, 2011 3:36 PM To: Joe Frauenheim; Watanabe, Anne Subject: Re: City of Tukwila Appeal Ms. Watanabe - Is this a motion for discovery? Given the close proximity to the hearing date, the City is unable to provide any documents prior to the hearing. With that said, the City has relied heavily on King County documents which can be found at: http: / /www5. kingcounty.gov /parcelviewer /viewer /kingcounty/viewer.asp Regards, Brandon Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles@ci.tukwila.wa.us »> "Joe Frauenheim" <joe @impacthydros.com> 02/16/2011 3:01 PM »> Anne, Is it possible for the City of Tukwila to provide any historical data they might have on those lots so that we might have a clear picture of their history? It might help to get as much information as possible. Thank you, Joe Frauenheim 3 Watanabe, Anne From: Watanabe, Anne Sent: Tuesday, February 08, 2011 7:59 AM To: 'Brandon Miles'; j frauenheim Subject: RE: RFA10 -537, Request for Pre - Hearing Conference Mr. Miles and Mr. Frauenheim, The prehearing conference is scheduled for February 16, 2011 at 9 a.m. in Conference Room 5. The City's report will be due on the date of hearing. Anne Watanabe Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 Fax: (206) 684 -0536 From: Brandon Miles [mailto:bmiles @ci.tukwila.wa.us] Sent: Monday, February 07, 2011 4:48 PM To: j frauenheim; Watanabe, Anne Subject: RE: RFA10 -537, Request for Pre - Hearing Conference Ms. Watanabe- The City is available at the time specified. Given that the pre- hearing conference is occurring so close to the hearing date, and also that the purpose of the pre - hearing conference is to help narrow the focus and scope of the hearing, the City requests to submit our staff report on the day of the hearing. If the staff report is required prior to the hearing, the City then reserves the right to seek a continuance of the hearing pursuant to HE Rule 2.16 (however, unless it is absolutely necessary, the City would strongly prefer to not move the hearing date). I have reserved Conference Room 5 at 6300 Southcenter Blvd for the pre - hearing conference. Conference Room 5 is located upstairs near the City Attorney's Office. Regards, Brandon Brandon J. Miles Senior Planner Department of Community Development City of Tukwila 1 tel (206) 431 -3684 fax (206) 431 -3665 bmiles @ci.tukwila.wa.us »> "Watanabe, Anne" <Anne.Watanabe @seattle.gov> 02/04/2011 4:38 PM »> Parties, We could hold a meeting on February 16 at 9 a.m. if the City is available at that time. Anne Watanabe Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 Fax: (206) 684 -0536 From: j frauenheim [mailto:joe @pilecon.com] Sent: Friday, February 04, 2011 2:36 PM To: Watanabe, Anne Subject: RE: RFA10 -537, Request for Pre - Hearing Conference Anne, I cannot clear my time those two days. The mornings of February 15 and 16 would work. Joe Frauenheim From: Watanabe, Anne [ mailto :Anne.Watanabe @seattle.gov] Sent: Thursday, February 03, 2011 4:20 PM To: j frauenheim Cc: 'Brandon Miles' Subject: RE: RFA10 -537, Request for Pre - Hearing Conference Mr. Miles and Mr. Frauenheim — Watanabe, Anne From: Brandon Miles [bmiles @ci.tukwila.wa.us] Sent: Thursday, February 03, 2011 4:24 PM To: j frauenheim; Watanabe, Anne Subject: RE: RFA10 -537, Request for Pre - Hearing Conference Ms. Watanabe - The new times provided work for the City. Joe, if those times don't work for you, can you please provide me two times that work next week? Regards Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles »> "Watanabe, Anne" <Anne.Watanabe ©seattle.gov> 02/03/2011 4:19 PM »> Mr. Miles and Mr. Frauenheim — Would you be available at 2:30 pm or later on Feb 8 or 9? If not, could the parties consult with each other, and let me know if there are other times and dates next week when you would be available for a conference? Thanks. Anne Watanabe Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 Fax: (206) 684 -0536 From: j frauenheim f mailto:joe Sent: Thursday, February 03, 2011 2:53 PM To: Watanabe, Anne Cc: 'Brandon Miles' Subject: RE: RFA10 -537, Request for Pre - Hearing Conference Anne, 1 I am not available February 8 or 9 at 9 a.m. next week. Is another time possible? Joe Frauenheim From: Watanabe, Anne f mailto :Anne.WatanabePseattle.govl Sent: Thursday, February 03, 2011 8:01 AM To: j frauenheim Cc: Brandon Miles Subject: RE: RFA10 -537, Request for Pre-Hearing Conference Mr. Frauenheim, The Department has asked for the prehearing conference in order to identify the issues raised in your appeal and to identify the witnesses and exhibits that will be presented at hearing. You do not need to bring any witnesses or exhibits to the conference, and no evidence will be at the conference. Generally, the prehearing conference assists the parties in preparing for the hearing. Please let me know if you are available on either February 8 or 9 at 9 a.m. Thanks very much. Anne Watanabe Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 Fax: (206) 684 -0536 From: j frauenheim fmailto:ioe(a>pilecon.coml Sent: Wednesday, February 02, 2011 5:33 PM To: Watanabe, Anne Subject: RE: RFA10 -537, Request for Pre - Hearing Conference Anne, 2 I am not sure of the reason for a meeting before the hearing. What would I present? Who would I present it to? How would this differ from the hearing? Would I be required to bring witnesses? Could I bring witnesses? Thank You, Joe Frauenheim From: Watanabe, Anne [ mailto :Anne.Watanabe @seattle.govl Sent: Tuesday, February 01, 2011 8:38 AM To: Brandon Miles Cc: ioe @pilecon.com Subject: RE: RFA10 -537, Request for Pre - Hearing Conference Mr. Miles, I'd like to propose a prehearing conference for 9 a.m. on either February 8 or 9 if the party representatives are available. Please let me know if either date and time will work. Thanks. Anne Watanabe Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 Fax: (206) 684 -0536 From: Brandon Miles jmailto :bmiles@ci.tukwila.wa.usl Sent: Monday, January 31, 2011 1:34 PM To: Watanabe, Anne Cc: joe(Tpilecon.com Subject: RFA10 -537, Request for Pre - Hearing Conference Ms. Watanabe: Please see the attached letter requesting a pre- hearing conference. Best Regards, Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 3 Watanabe, Anne From: Watanabe, Anne Sent: Thursday, February 03, 2011 4:20 PM To: 'j frauenheim' Cc: 'Brandon Miles' Subject: RE: RFA10 - 537, Request for Pre - Hearing Conference Mr. Miles and Mr. Frauenheim — Would you be available at 2:30 pm or later on Feb 8 or 9? If not, could the parties consult with each other, and let me know if there are other times and dates next week when you would be available for a conference? Thanks. Anne Watanabe Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 Fax: (206) 684 -0536 From: j frauenheim f mailto:ioe(Dilecon.coml Sent: Thursday, February 03, 2011 2:53 PM To: Watanabe, Anne Cc: 'Brandon Miles' Subject: RE: RFA10 -537, Request for Pre - Hearing Conference Anne, • I am not available February 8 or 9 at 9 a.m. next week. Is another time possible? Joe Frauenheim From: Watanabe, Anne fmailto :Anne.Watanabe(a)seattle.00v1 Sent: Thursday, February 03, 2011 8:01 AM To: j frauenheim Cc: Brandon Miles Subject: RE: RFA10 - 537, Request for Pre - Hearing Conference 1 Mr. Frauenheim, The Department has asked for the prehearing conference in order to identify the issues raised in your appeal and to identify the witnesses and exhibits that will be presented at hearing. You do not need to bring any witnesses or exhibits to the conference, and no evidence will be taken at the conference. Generally, the prehearing conference assists the parties in preparing for the hearing. Please let me know if you are available on either February 8 or 9 at 9 a.m. Thanks very much. Anne Watanabe Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 Fax: (206) 684 -0536 From: j frauenheim f mailto joeapilecon.coml Sent: Wednesday, February 02, 2011 5:33 PM To: Watanabe, Anne Subject: RE: RFA10 -537, Request for Pre - Hearing Conference Anne, I am not sure of the reason for a meeting before the hearing. What would I present? Who would I present it to? How would this differ from the hearing? Would I be required to bring witnesses? Could I bring witnesses? Thank You, Joe Frauenheim From: Watanabe, Anne fmailto:Anne.Watanabe@ seattle.govl Sent: Tuesday, February 01, 2011 8:38 AM To: Brandon Miles Cc: joe( )pilecon.com Subject: RE: RFA10 -537, Request for Pre - Hearing Conference 2 Mr. Miles, I'd like to propose a prehearing conference for 9 a.m. on either February 8 or 9 if the party representatives are available. Please let me know if either date and time will work. Thanks. Anne Watanabe Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 Fax: (206) 684 -0536 From: Brandon Miles fmailto :bmilesOci.tulcwila.wa.usl Sent: Monday, January 31, 2011 1:34 PM To: Watanabe, Anne Cc: joeepilecon.com Subject: RFA10 -537, Request for Pre - Hearing Conference Ms. Watanabe: Please see the attached letter requesting a pre - hearing conference. Best Regards, Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles@ci.tukwila.wa.us 3 Watanabe, Anne From: Watanabe, Anne Sent: Thursday, February 03, 2011 8:01 AM To: 'j frauenheim' Cc: 'Brandon Miles' Subject: RE: RFA10 -537, Request for Pre - Hearing Conference Mr. Frauenheim, The Department has asked for the prehearing conference in order to identify the issues raised in your appeal and to identify the witnesses and exhibits that will be presented at hearing. You do not need to bring any witnesses or exhibits to the conference, and no evidence will be taken at the conference. Generally, the prehearing conference assists the parties in preparing for the hearing. Please let me know if you are available on either February 8 or 9 at 9 a.m. Thanks very much. Anne Watanabe Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 Fax: (206) 684 -0536 From: j frauenheim fmailto:joeCapilecon.coml Sent: Wednesday, February 02, 2011 5:33 PM To: Watanabe, Anne Subject: RE: RFA10 - 537, Request for Pre - Hearing Conference 1 Anne, I am not sure of the reason for a meeting before the hearing. What would I present? Who would I present it to? How would this differ from the hearing? Would I be required to bring witnesses? Could I bring witnesses? Thank You, Joe Frauenheim From: Watanabe, Anne f mailto :Anne.Watanabeftseattle.govl Sent: Tuesday, February 01, 2011 8:38 AM To: Brandon Miles Cc: ioe@)Dilecon.com Subject: RE: RFA10 -537, Request for Pre - Hearing Conference Mr. Miles, I'd like to propose a prehearing conference for 9 a.m. on either February 8 or 9 if the party representatives are available. Please let me know if either date and time will work. Thanks. Anne Watanabe Deputy Hearing Examiner 700 Fifth Avenue, Suite 4000 P.O. Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 Fax: (206) 684 -0536 From: Brandon Miles f mailto:bmiles@ci.tukwila.wa.usl Sent: Monday, January 31, 2011 1:34 PM To: Watanabe, Anne Cc: joeftDilecon.com Subject: RFA10 -537, Request for Pre - Hearing Conference Ms. Watanabe.: Please see the attached letter requesting a pre- hearing conference. Best Regards, Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206)_431 -3665 bmiles@ ci.tukwila.wa.us 2 Watanabe, Anne From: Watanabe, Anne Sent: Wednesday, January 26, 2011 5:40 PM To: Mary Hulvey Subject: RE: Hearing date needed Mary, Thanks, it's on my calendar for Tuesday, Feb 22 at 9 a.m. Anne Watanabe From: Mary Hulvey [mhulvey @ci.tukwila.wa.us] Sent: Tuesday, January 25, 2011 3:58 PM To: Watanabe, Anne; Tanner, Sue Cc: Sara Springer; Bob Benedicto; Brandon Miles; Jack Pace; SARA SPRINGER Subject: RE: Hearing date needed Anne, Can we schedule this hearing for 9:00 am on Tuesday, February 22, 2011. I'll find the conference room here and send a formal notice to all of you. 2btary .gfuCvey, Code Enforcement Officer 206.431.3676 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Monday - Friday, 8:30 am - 5:00 pm »> "Watanabe, Anne" <Anne.Watanabeftseattle.gov> 01/24/2011 4:25 PM »> Mary, Feb 15 or 22 would work for me, either morning or afternoon, just let me know. Thanks. Anne Watanabe From: Mary Hulvey [mhulvey @ci.tukwila.wa.us] Sent: Monday, January 24, 2011 12:28 PM To: Watanabe, Anne; Tanner, Sue Cc: Sara Springer; Brandon Miles; SARA SPRINGER Subject: Hearing date needed Hi, Ladies I need to schedule an appeal hearing for Non - conforming uses on two vacant lots. Listed below are dates that work for everyone on this end. Either mornings or afternoons can be accommodated. Let me know if any of these dates work for you. February 15, 2011 February 22, 2011 March 1, 2011 March 8, 2011 Ref: Order number RFA10 -537 1 Tax parcel numbers 334740 -0795 and 334740 -0810 Thanks, Mary 3fuCvey, Code Enforcement Officer 206.431.3676 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Monday- Friday, 8:30 am - 5:00 pm 2 Watanabe, Anne From: Tanner, Sue Sent: Monday, January 24, 2011 3:46 PM To: Mary Hulvey; Watanabe, Anne Cc: Sara Springer; Brandon Miles; SARA SPRINGER Subject: RE: Hearing date needed I've contacted Anne about your need for a hearing date. (She is on vacation this week, back 2 /1.) We check our email while we're out, so I expect her to get back to me soon on whether she will contact you directly about scheduling this hearing or would prefer to have me handle it. Either way, one of us will contact you soon on this. Sue A. Tanner Hearing Examiner City of Seattle P 0 Box 94729 Seattle, WA 98124 -4729 (206) 684 -0521 (telephone) (206) 684 -0536 (fax) From: Mary Hulvey fmailto:mhulvey @ ci.tukwila.wa.usl Sent: Monday, January 24, 2011 12:29 PM To: Watanabe, Anne; Tanner, Sue Cc: Sara Springer; Brandon Miles; SARA SPRINGER Subject: Hearing date needed Hi, Ladies I need to schedule an appeal hearing for Non - conforming uses on two vacant lots. Listed below are dates that work for everyone on this end. Either mornings or afternoons can be accommodated. Let me know if any of these dates work for you. February 15, 2011 February 22, 2011 March 1, 2011 March 8, 2011 Ref: Order number RFA10 -537 Tax parcel numbers 334740 -0795 and 334740 -0810 Thanks, Mary 3- fu &vey, Code Enforcement Officer 206.431.3676 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Monday- Friday, 8:30 am - 5:00 pm 1 Watanabe, Anne From: Watanabe, Anne Sent: Monday, January 24, 2011 4:26 PM To: Mary Hulvey; Tanner, Sue Cc: Sara Springer; Brandon Miles; SARA SPRINGER Subject:. RE: Hearing date needed Mary, Feb 15 or 22 would work for me, either morning or afternoon, just let me know. Thanks. Anne Watanabe From: Mary Hulvey [mhulvey @ci.tukwila.wa.us] Sent: Monday, January 24, 2011 12:28 PM To: Watanabe, Anne; Tanner, Sue Cc: Sara Springer; Brandon Miles; SARA SPRINGER Subject: Hearing date needed Hi, Ladies I need to schedule an appeal hearing for Non - conforming uses on two vacant lots. Listed below are dates that work for everyone on this end. Either mornings or afternoons can be accommodated. Let me know if any of these dates work for you. February 15, 2011 February 22, 2011 March 1, 2011 March 8, 2011 Ref: Order number RFA10 -537 Tax parcel numbers 334740 -0795 and 334740 -0810 Thanks, Mary 3 1 Code Enforcement Officer 206.431.3676 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Monday - Friday, 8:30 am - 5:00 pm 1 • • Watanabe, Anne From: Mary Hulvey [mhulvey c©ci.tukwila.wa.us] Sent: Monday, January 24, 2011 12:29 PM To: Watanabe, Anne; Tanner, Sue Cc: Sara Springer; Brandon Miles; SARA SPRINGER Subject: Hearing date needed Hi, Ladies I need to schedule an appeal hearing for Non - conforming uses on two vacant lots. Listed below are dates that work for everyone on this end. Either mornings or afternoons can be accommodated. Let me know if any of these dates work for you. February 15, 2011 February 22, 2011 March 1, 2011 March 8, 2011 Ref: Order number RFA10 -537 Tax parcel numbers 334740 -0795 and 334740 -0810 Thanks, Nary 3fuCvey, Code Enforcement Officer 206.431.3676 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Monday - Friday, 8:30 am - 5:00 pm 1 January 27, 2011 Sincer Mary L. Hu'Ivey Code Enforcement Officer City of Tukwila Joseph L. Frauenheim and Marie L. Frauenheim Philip M. Bononcini and Jan G. Bononcini 375 East Sunset Way Issaquah, WA 98027 RE: RFA10 -537 Tax parcel numbers 334740 -0795 and 334740 -0810 ).Lrf<Q Jim Haggerton, Mayor Department of Community Development Jack Pace, Director Dear Property Owners: On December 30, 2010 you were mailed a Violation Notice and Order regarding various code violations on the above tax parcel numbers in Tukwila, WA. The deadline for compliance was set for January 14, 2011. We received a timely appeal of this order from you on January 14, 2011. This letter is to inform you of the appeal date and process. The hearing date has been scheduled for Tuesday, February 22, 2011 at 9:00 a.m. in Conference Room #2 at City of Tukwila, Department of Community Development, 6300 Southcenter Blvd. Suite 100, Tukwila, WA 98188, before the Hearing Examiner. This will be an opportunity for you and the City of Tukwila to each present their case and obtain a ruling from the Hearing Examiner. You may present written materials and may be asked to testify during this hearing. The City will present a staff report and other materials to support their case and may also be asked to testify. A copy of the staff report will be provided to you prior to the hearing. If you have any further questions, please do not hesitate to contact me at (206) 431 -3676 during the house of 8:30 a.m. and 5:00 p.m. If you prefer, you may e-mail me at mhulvey(a,ci.tukwila.wa.us 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206- 431 -3670 • Fax: 206 -431 -3665 Cc: Anne Watanabe, Hearing Examiner Seattle Hearing Examiner PO Box 94729 Seattle, WA 98124 -4729 Brandon Miles, Senior Planner Sara Springer, Assistant City Attorney Bob Benedicto, Building Official Minnie Dhaliwal, Planning Supervisor Initials • Page 2 of 2 W: \Code Enforce \Code Enf\2010\RFA10 -537 (Frauenheim- Non - conforming 2 Vacant Lots)\Letter for hearing date.doc 01/27/2011 Watanabe, Anne From: Mary Hulvey [mhulvey @ci.tukwila.wa.us] Sent: Thursday, January 27, 2011 3:20 PM To: Brandon Miles; joe @pilecon.com; Watanabe, Anne Cc: Sara Springer; Bob Benedicto; Minnie Dhaliwal; SARA SPRINGER Subject: Hearing Date Letter RFA10 -537 Attachments: RFA10 -537 Hearing date letter.pdf Everyone, Attached is the notification letter for the Hearing to be held before the Hearing Examiner. Date: February 22, 2011 Time: 9:00 a.m. Location: Conference Room #2, City of Tukwila Department of Community Development 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Mary 3- ulvey, Code Enforcement Officer 206.431.3676 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Monday- Friday, 830 am - 5:00 pm Watanabe, Anne From: Mary Hulvey [mhulvey @ci.tukwila.wa.us] Sent: Tuesday, January 25, 2011 3:59 PM To: Watanabe, Anne; Tanner, Sue Cc: Sara Springer; Bob Benedicto; Brandon Miles; Jack Pace; SARA SPRINGER Subject: RE: Hearing date needed Anne, Can we schedule this hearing for 9:00 am on Tuesday, February 22, 2011. I'll find the conference room here and send a formal notice to all of you. .Mary 3- CuCvey, Code Enforcement Officer 206.431.3676 aty of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Monday - Friday, 8:30 am - 5:00 pm »> "Watanabe, Anne" <Anne.Watanabe@seattle.gov> 01/24/2011 4:25 PM »> Mary, Feb 15 or 22 would work for me, either morning or afternoon, just let me know. Thanks. Anne Watanabe From: Mary Hulvey [mhulvey @ci.tukwila.wa.us] Sent: Monday, January 24, 2011 12:28 PM To: Watanabe, Anne; Tanner, Sue Cc: Sara Springer; Brandon Miles; SARA SPRINGER Subject: Hearing date needed Hi, Ladies I need to schedule an appeal hearing for Non - conforming uses on two vacant lots. Listed below are dates that work for everyone on this end. Either mornings or afternoons can be accommodated. Let me know if any of these dates work for you. February 15, 2011 February 22, 2011 March 1, 2011 March 8, 2011 Ref: Order number RFA10 - 537 Tax parcel numbers 334740 -0795 and 334740 -0810 Thanks, Mary 3{u&vey, Code Enforcement Officer 206.431.3676 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Monday - Friday, 8:30 am - 5:00 pm 1