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HomeMy WebLinkAboutPermit L08-061 - DORSCH ALEXIA / BARGHAUSEN CONSULTING - SHORT PLATFOSTORIA PARK BINDING SITE IMPROVEMENT PLAN BSIP 4487 S 134 PL L08 -061 • Return Address: Kris Nelson Barghausen Consulting Engineers, Inc. 18215 72nd Avenue South Kent, WA 98032 (425) 251 -6222 CONFORMED COPY 20090731000741 BARGHAUSEN CON EAS 65.00 PAGE -001 OF 004 07/31/2009 11:57 Document Title(s): Reservation of Reciprocal Access, Circulation, Parking, and Utilities Easement Assessor's Property Tax Parcel /Account Number: 261320 -0086 Reference Number(s) of Documents assigned or released if applicable: Additional reference numbers are on page of document. N/A Grantor(s) (Last name first, then first name and initials): 1. Fostoria Park Associates, LLC, a Washington limited liability company 2. 3. Grantee(s) (Last name first, then first name and initials): 1. Fostoria Park Associates, LLC, a Washington limited liability company 2. 3. Legal Description (abbreviated: i.e., lot, block, plat or section, township, range): Additional legal is on page 2 of document. Lot 3, City of Tukwila Short Plat No. 79 -26 -SS as recorded under Recording No. 8004240503, records of King County, Washington, as amended by instruments recorded under Recording Nos. 8210010841 and 8607100861; Being a portion of Tracts 16 and 17, Fostoria Garden Tracts, according to the plat thereof recorded in Volume 9 of Plats, page 95, under Recording No. 19010910215515. The Auditor /Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. Page 1 of 4 13349.005.doc • • RESERVATION OF RECIPROCAL ACCESS, CIRCULATION, PARKING AND UTILITIES EASEMENT This Reservation of Reciprocal Access, Circulation, Parking, and Utilities Easement is made this H `I day of Au,r:k_ , 2009 by Fostoria Park Associates, LLC, hereinafter known as "GRANTOR." WITNESSETH: WHEREAS, said GRANTOR is the legal owner of that certain real property known as Tax Parcel No. 261320 -0086 (the burdened property), legally described as follows: Lot 3, City of Tukwila Short Plat No. 79 -26 -SS as recorded under Recording No. 8004240503, records of King County, Washington, as amended by instruments recorded under Recording Nos. 8210010841 and 8607100861; Being a portion of Tracts 16 and 17, Fostoria Garden Tracts, according to the plat thereof recorded in Volume 9 of Plats, page 95, under King County Recording No. 19010910215515. AND WHEREAS, said GRANTOR has applied for approval of a project known as the Fostoria Park Binding Site Improvement Plan (City of Tukwila File No. L08 -061) that proposes to divide said Tax Parcel No. 261320 -0086 into two separate tax parcels; and WHEREAS, as a condition of approval of said Binding Site Improvement Plan, the City of Tukwila is requiring GRANTOR to ensure easements and maintenance for easement area improvements common to both parcels; NOW, THEREFORE, GRANTOR does by these presents reserve forever unto GRANTOR and its heirs, successors, and /or assigns, an access easement for ingress, egress, parking, and circulation over, through, across. and upon all those portions of said Tax Parcel No. 261320 -0086 that serve as parking areas and /or drive aisles in existence at the time of recording of this document (as depicted on Exhibit A, attached hereto and by this reference made a part hereof) or as may be modified in the future. GRANTOR does further by these presents reserve forever unto GRANTOR and its heirs, successors and /or assigns, a utilities easement for storm drainage, water, sewer, power, natural gas, cable, and/or telephone over, through, under, across, and upon all those portions of said Tax Parcel No. 261320 -0086 that serve as parking areas and /or drive aisles in existence at the time of recording of this document (as depicted on Exhibit A, attached hereto and by this reference made a part hereof) or as may be modified in the future. TOGETHER WITH the right for GRANTOR and its heirs, successors, and /or assigns to enter upon, over, and along said real property from time to time to construct, inspect, repair, alter, modify, replace, remove, and /or update to present and future technological standards, said utilities. Said GRANTOR shall have the right without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon said property. Page 2 of 4 13349.005.doc • • GRANTOR covenants that no obstructions of any kind whatsoever shall be placed within the above described property that would impede access, ingress or egress, circulation, drive aisles, parking, or utilities as presently established for the purposes herein defined. GRANTOR further covenants that maintenance of the easement areas and the improvements contained therein shall be borne proportionately by the owner(s) of any buildings as determined by square footage. GRANTOR further covenants that this easement reservation may be modified at any time in the future by agreement of the owner(s) of tax parcels affected by said Binding Site Improvement Plan. Such agreement shall not be unreasonably withheld. This easement reservation shall be a covenant running with the land forever and shall be binding upon GRANTOR and its successors, heirs, and assigns. Dated this i� i day of ' t ` , 2009. GRANTOR Fostoria Park Associates, LLC Signature` By Printed Name Its Title STATE OF WASHINGTON ) ss. COUNTY OF y , 1 certify that I know or have satisfactory evidence that L is the person who appeared before me, and said person acknowledged that (he /she) signed this instrument, on oath stated that (he /she) was authorized to execute the instrument and acknowledged it as the (.t,: tai. . of `i"��ii 11'i iY`ti1:'�'. t'\'= to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated SUZANNE M. ROGERS NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES APRIL 16. 2013 f3IIIT.(, \\A t ,t Notary Public in and for the State of Washington • ..:7.t•.s.,r.,a taii.��t� Printed Name Residing at : N +J Yet f 1` t: s r-J 6V, b• • Appointment Expires: 1 \t,'G•.tL Page 3 of 4 13349.005.doc S 13011 D srREET J r R' 2T02'381 -r 19.27' A=.21.10'20' R= 185.80' L= 68.66' 1 N41'47'07'E 19.50' em 191 RESERVATION OF RECIPROCAL ACCESS, CIRCULATION, PARKING AND UTILITIES EASEMENT SHALL BE OVER, UNDER AND ACROSS THOSE PORTIONS OF LOTS A AND 8 THAT SERVE AS PARKING AREAS AND /OR DRIVE AISLES. Ah� File:P \1X100s \13349 \survey \13349EXH01.dwg Dote /Time:6 /15/2009 12:14 PM Scale:1:1 KMASON Xret Scale: Horizontal 1 " =100' Vertical 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)251 -8782 FAX CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES Designed 1 Drawn XMM EXHIBIT SHOWING RESERVATION OF RECIPROCAL ACCESS, CIRCULATION PARKING AND UTILITIES . EASEMENT Job Number 13349 Sheet 1 of 1 Checked DJS Approved DE 1 Dote 03/05/09 , 20090731000740 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 4313665 E -mail: tukplanatukwlla.wa.us BINDING SITE IMPROVEMENT PLAN NUMBER L08 -061 DECLARATION BINDING SITE IMPROVEMENT !-'LAN KNOW ALL MEN BY THESE PRESENT THAT WE. THE UNDERSIGNED, OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SHORT SUBDIVISION THEREOF PURSUANT TO RCW 58.17.060 AND ACKNOWLEDGE THAT SAID SUBDIVISION SHALL NOT BE FURTHER DIVIDED IN ANY MANNER WITHIN A PERIOD OF FIVE YEARS. FROM GATE OF RECORD. WITHOUT THE RUNG OF A ANAL PLAT. THE UNDERSIGNED FURTHER DECLARE THIS SHORT PAT TO BE THE GRAPHIC REPRESENTATION OF SAID SHORT SUBDIVISION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S). IN WRNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. FOSTO ARK L.L.C. Rsff6(7 5 /'1 EV /N So A✓ ITS: p W,Nee:L STATE OF WASHINGTON COUNTY OF .I$4 Ot1Q IL, a L4 E1W J4 4wa, GN IP4&ij 7.44 IDS UFE INSURANCE COMPANY • ON THIS DAY PERSONALLY APPEARED BEFORE ME 04. 5 Ia.tjnl iT, TO ME KNOWN TO BE THE INDMDUAL WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED THAT HEEt11.10 SIGNED THE SAME AS HISIBBR VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THEREIN MENTIONED. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS -„.61 DAY OF 20 O1 STATE OF IMB* A All4%MP$T4 COUNTY OF MAI OM pi ON THIS DAY PERSONALLY APPEARED BEFORE ME tJ Ut1ii4 f 5 TO ME KNOWN TO BE THE INDMDUAL WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED THATIOISHE SIGNED THE SAME AS73!lIHER VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THEREIN MENTIONED. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS 24" DAY OAL/1 , 20 01 SIGNATURE VICTORIA R. LU NOTARY PUBUC- MINNESOUC My Cam esbn Exile JAL 31, 201 AS COMMISSIONED: • FA *g' 14,14.1" t(ortdy 416cic MY APPOINTMENT EXPIRES: LAND SURVEYOR'S CERTIFICATE 1,31110 1 DENNIS J. SALTYS, REGISTERED AS A LAND SURVEYOR BY THE STATE OF WASHINGTON. CERTIFY THAT THIS BINDING SUE PLAN IS BASED ON AN ACTUAL SURVEY OF THE LAND DESCRIBED HEREIN, MADE BY ME OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT; THAT THE DISTANCES, COURSES AND ANGLES ARE SHOWN •HEREON CORRECTLY; AND THAT MONUMENTS OTHER THAN THOSE MONUMENTS APPROVED FOR SE111410 AT A LATER DATE, HAVE BEEN SET AND LOT CORNERS SJAKED ON THE GROUND AS DEPICTED ON THE BINDING SITE PLAN. I DENNIS J. SAL LS - DATE � � / WASHINGTON REGISTRATION NO. 27328 SURVEY IN SW 1/4 OF NE 1/4 OF SECTION 15, T. 23 N., R.4 E., W.M., IN KING COUNTY, WASHINGTON CONFORMED COPY 20090731000740 EARGHAUSEN CON PLAT 128.00 PAGE -001 OF 002 07/31/2009 11:57 ORIGINAL LEGAL DESCRIPTION LOT 3, CRY OF TUKWILA SHORT RAT NUMBER 79 -28SS, RECORDED UNDER RECORDING NUMBER 8004240503, M KING COUNTY, WASHINGTON, AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 8210010841 AND 8607100881; BEING A PORTION OF TRACTS 18 AND 17, FOSTORIA GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9, OF PLATS, PAGE 95, KING COUNTY, WASHINGTON. PROPOSED LOT 1 THAT PORTION OF LOT 3, CITY OF TUKWILA SHORT PLAT NO. 79•26 -SS RECORDED UNDER RECORDING NO. 8004:440503 IN KING COUNTY, WASHINGTON, AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NOS. 8210010841 AND 8607100861, BEING A PORTION OF TRACTS 16 AND 17 OF FOSTORIA GARDEN TRACTS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 95, KING COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3 AT THE SOUTH MARGIN OF SOUTH 133RD STREET; THENCE ALONG SAID MARGIN SOUTH 89' 59' 53" EAST, A DISTANCE OF 213.35 FEET; THENCE SOUTH 48' 12' 53' EAST, A DISTANCE OF 95.70 FEET: THENCE SOUTH 41' 47' OT WEST, A DISTANCE OF 270.68 FEET; THENCE NORTH 57' 45' 03' WEST. A DISTANCE OF 258.36 FEET; THENCE NORTH 41' 4T 07- EAST, A DISTANCE OF 171.32 FEET TO THE POINT OF BEGINNING CONTAINING 63,110 3 SQ. FT. OR 1.44 t ACRES OF LAND, MORE OR LESS PROPOSED LOT 2 THAT PORTION OF LOT 3. CITY OF TUKWILA SHORT PLAT NO. 79-26-SS RECORDED UNDER RECORDING NO. 8004240503 IN KING COUNTY, WASHINGTON, AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NOS. 8210010841 AND 8607100881, BEING A PORTION OF TRACTS 16 AND 17 OF FOSTORIA GARDEN TRACTS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS. PAGE 95, KING COUNTY, WASHINGTON; EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3 AT THE SOUTH MARGIN OF SOUTH 133RD STREET; THENCE ALONG SAID MARGIN SOUTH 89' 59' 53' EAST, A DISTANCE OF 213.35 FEET; THENCE SOUTH 48' 12' 53' EAST. A DISTANCE OF 95.70 FEET; THENCE SOUTH 41' 4T OT WEST, A DISTANCE OF 270.68 FEET; THENCE NORTH 57'45' 03' WEST, A DISTANCE OF 258.38 FEET: THENCE NORTH 41' 47' 07' EAST. A DISTANCE OF 17132 FEET TO THE POINT OF BEGINNING CONTAINING 76,746 t LQ. FT. OR 1.76 t ACRES OF LAND, MORE OR LESS. NOTE MONUMENTS SHOWN HEREON WERE VISITED 4/10/2008 FOUND YON. N RISE CALL CONE' 365"47'32"E 2623.86' 117 SEE SHEET 2 46 /Cf 90' LUND (PI)(PAXC) SOUTH UNE 1E1/4 I94��1 YY.11�rrIItUfpAO2, 4 .(C Mg gr Ni8'3(I1' CALL. CCOLER ,Z916Z l 1S0,99AN 16 14 RAPID 6iB" ZION. SE CORNER CC LEAS O1C FOUND n (P1j(P2) 0/4 CORNER 6161. CONC. MON. CNC. CORNER SECTION MAP NO SCALE CITY 0 KWILA PUBLIC WORKS DIRECTOR REVIEWED • APPROVED BY THE PUBUC WORKS DIRECTOR AND HEREBY '4 FIED FOR FILING THIS OA •F PUBLIC WORKS DIRECTOR CITY • KWILA FIRE CHIEF REVIEWE • • APPROVED BY THE FIRE CHIEF AND HEREBY CERTIFIED FOR G THIS F FIRE CHIEF TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL REVIEWED AND APPROVED BY THE SHORT SUBOMSION COMMITTEE AND HEREBY CERTIFIED FOR FlUNG THIS CHAIRP AY F (J(/� 20 RT NPISION COMMITTEE APPROVALS KING COUNTY ASSESSORS APPROVAL EXAMINED AND APPROVED BY THE DEPARTMENT OF ASSESSMENTS THIS 3 /6* DAY OF ��INN G .4'1 NGi KING COUNTY ASSESSOR 20 04! ' /�ll/1JGt1 'U1/lyL PARCEL NUMBER(S): 261320. 0086 -08 DEPUTY ASSESSOR CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT REVIEWED AND APPROVED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND HEREBY CERTIFIED FOR FILING THIS DEPAR ILI DEVELOPMENT VICINITY MAP 0 FIe:P: \13000s \13349 \ survey \ plots \133498SP1.dwg Layout:Cover Sheet 1 (2) Date/Time:6 /16, 2009 9:27 AM Scale:0.077670 Supt of Records and Elections OWNER(S): FOSTORIA PARK ASSOCIATES, L.L.C. ADDRESS: P.O. BOX 1252 CITY /STATE/ZIP: FRIDAY HARBOR, WA 98250 PHONE: N/A BINDING SITE IMPROVEMENT PLAN A PORTION OF THE SW 1/4 OF NE 1/4, SEC. 15, T 23N, R4E, W.M. TUKWILA, WA DRAWN BY BGM DATE 6/02/08 JOB NUMBER 13349 CHECKED BY CTC SCALE N/A SHEET 1 __ 9 Ili (c) (R) (P1) (P2) (P3) A A 5' 0 20 40 80 SCALE: 1' -40' LEGEND FOUND AS NOTED SET 1/2" REBAR /CAP "BCE 27328" CALCULATED RECORD FOSTORIA GARDEN TRACTS MORTIMER PLAT ROS 7808119004 GRADE LEVEL TRUCK LOADING DOOR DOCK HIGH TRUCK LOADING DOOR / ,s' • 54;i47 FOUND 5/8-11/C N� / LSD 23' i" (4/10/2008) / TYPE 4CR (50' BUFFER) BINDING SITE I I1 'ROVEMENT PLAN sr 347,9 A4 A =21.10'20" 4 C`• R= 185.80' L= 68.66' RESTRICTED /ACCESS PER REC. 'NOS 5721821 & 5722344 -PUTTED CENTERUNE S. 134TH PLACE 14.0 FEET NORTH & ON -UNE FOUND PK/WASHER -BENT N41'4707"E - 1� 22333' (4/10/2008 19.50' I _ -- AIN9, - 4$'12'S37E2243.2_ 95.70 S48'12'53 58.67' 145. 20 , 04* • B.S.B.L STORK/ MANAGE EASEMENT REC. N0. 9208261186 TYPE 2 CREEK (100' BUFFER FACE OF CURB IS 0.9 ±N OF PROPERTY UNE • 18 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 (FLOOR AREA OF STRUCTURE 21,232 SD. FT.) DOOR LOCATIONS SHOWN ARE APPROXIMATE ONLY DUMMER BXA'ENS .- -- ` b 31' I / vm „ >, _ O w 0 3' SERVICE 000R 1 VAN ACfF1SE9E (FLOOR AREA OF STRUCTURE 30.202 50. FT.) INGRESS. EGRESS, LOADING AND UNLOADING EASEMENT IN FAVOR OF LOT 3 / REC. NQ. 8806140682 / FOUND 5/8• R C 22333" (4/10/2008) r- gig • 30' ROADWAY AND UTILITY EASEMENT. REC. N0. 7102250429 AND 7405140498 • 80' CREED( BUFFER N48'27'50-1// 115.00' DOOR LOCATIONS SHOWN ARE APPROXIMATE ONLY N5T45.03** FOUND PK/WAS4HER "LSI 22333" (4/1/2008) • TYPE 3 CREEK r ORINAFY (BO' BUFFER) �,� NIGH WATER 80' CREEK BUFFER , 1 GENERAL NOTES: 1. REDEVELOPMENT OF THE INTEGRATED SITE OR EITHER OF THE INDIVIDUAL PARCELS WILL REQUIRE COYPWWCE WITH CODES IN PLACE AT THE TIME OF REDEVELOPMENT. SEVERAL CONDITIONS ON SITE ARE NONCONFORMING TO CURRENT ZONING CODE PROVISIONS (THE CURRENT VERSION OF THE CODE WAS PRINTED DECEMBER 2008, NCWDING AMENDMENTS ADOPTED THROUGH ORDNANCE NUMBER 2201 AND ADOPTED MAY 5, 2008), INCLUDING PERIMETER AND INTERIOR PARKING LOT LANDSCAPING, PARKING STALL SIZES, BUILDING SETBACKS TO PROPERTY UNES AND STREAMS, AND DEVELOPMENT WITHIN STREAM BUFFERS. THE REQUIREMENT TO COMPLY WITH CODES AT THE TONE OF REDEV- ELOPMENT WILL UKELY CONSTRAIN THE DEVELOPABLE AREA OF THE INTEGRATED 5RE OR EITHER OF THE INDIVIDUAL PARCELS CREATED THROUGH APPROVAL OF THE BSIP APPLICATION. 2. THE PURPOSE OF THE BSIP IS TO ACCOMMODATE THE DMSION OF LAND FOR THE PURPOSE OF SALE OR LEASE OF PROPERTY WITHIN AN INTEGRATED SITE (AS DEFINE) BY DAC 18.06.453), WHICH ALLOWS CERTAIN ZONING STANDARDS (1NCLJID940 BUT NOT UNITED TO MINIMUM PARKING, SETBACKS, LANDSCAPING, LOT AREA, LOT DIMEN- SIONS, AND SIGN REGULATIONS) ON THE NDMDUAL PARCELS TO BE MODIFIED, PROVIDED THAT THE STMIDARDS OF THE ENTIRE CENTER ARE MET. ZONING STANDARDS APPLY TO THE INTEGRATED SITE AS A WHOLE, NOT CONSIDERING INTERIOR LOT UNES. / / r 131r, 1 / SURVEYOR'S NOTES: 1. HORIZONTAL DATUM - BASS OF BEARINGS IS NAD 1983 (WS0O1) 111E BEARING OF THE UNE BEIWEEI THE FOUND MONUMENTS WSOOT 132 AND WSDOT 2988 TAKEN AS 548'18'54'E 2. THIS IS A FIELD TRAVERSE SURVEY. A TOPCON GR -3 AND GEOOIMETER 610 ROBOT WERE USED TO MEASURE THE ANGULAR AND DISTANCE R1IATIONSH IPS BETWEEN THE CONTROLLING MONUMENFATION AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED THOSE SPECIFIED N WAC 332 -130 -090. ALL INSTRUMENTS AND EQUIPMENT HAVE BEEN WNTNNED IN ADJUSTMENT ACCORDING TO MANUFACTURERS' SPECIFICATION. TAX PARCEL NUMBER: 261320- 0086 -08 REFERENCE SURVEYS: SHORT PLAT-REC. N0. 8004240503 LUND -REC. N0. 7808119004 MACINTOSH -REC. N0. 7807129003 0088-9E0. 90. 20001121990003 MUMMER PUT VOL 14, PG. 92 FOSTORIA GARDEN TRACTS VOL 9, PG. 95 TITLE NOTE: A SHORT PLAT CERTIFICATE PROVIDED BY CHICAGO TIRE INSURANCE COMPANY, THEIR ORDER NO. 1267003 AND DATED MAY 20, 2008, AND ALL SUPPIDAENTALS THEREOF, WAS RELIED UPON FOR RECORD INFORMATION AFFECTING THIS SHE ACCORDING TO THIS DOCUMENT, THIS SITE IS SUBJECT TO THE FOLLOWING EXCEPTIONS: 1) EASEMENT PROVISIONS FOR ROADWAY AND UTILITY, RECORDING N0. 7405140498. 11115 EASEMENT HAS BEEN GRAPHICALLY DEPICTED. 2) EASEMENT FOR Uf61T1ES, NO WIDTH STATED, RECORDING N0. 7801040431. THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE IIS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED. THIS EASEMENT WAS BEEN NOTED ON THE SOUTHEASTERLY BOUNDARY UNE 3) COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON CITY OF TUKWILA SHORT PUT NUMBER 79- 26-55, RECORDING NO. 8004240503. 5441) SHORT PUT HAS BEEN AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 8210010841 AND 8607100861. 4) EASEMENT FOR ELECTRIC UNDERGROUND TRANSMISSION AND DSTRIBURON FACIIIIES, INCLUDING COMMUNICATION WIRES, RECORDING N0. 8609121461. SN0 EASEMENT IS A RE- RECORDING OF EASEMENT RECORDED UNDER RECORDING N0. 8101300412. MIS EASEMENT HAS BEEN GRAPHICALLY DEPICTED. 5) EASEMENT FOR STORM DRAM MANHOLE AND ASSOCIATED REINFORCED CONCRETE PIPE, RECORDING N0. 9208261186. THIS EASEMENT WAS BEEN GRAPHICALLY DEPICTED. 6 RESTRICTIVE COVENANT REGARDING REMEDIAL ACTION, RECORDING NO. 9902191086. 7 AGREEMENT REGARDING DEVELOPMENT OF SAID PROPERTY, RECORDING NO. 8102250434. 8 AGREEMENT REGARDING BOUNDARY SETTLEMENT, RECORDING N0. 8210010841. 9 AGREEMENT REGARDING SIDEWALK IMPROVEMENTS, RECORDING N0. 8609111301. 10) AGREEMENT FOR EASEMENT FOR INGRESS, EGRESS, LOADING AND UNLOADING, RECORDING NO. 8806140682. 11) RELINOUSHMENT OF ACCESS TO STATE HIGHWAY N0. 1, AND OF UGIIT, VIEW AND AIR BY DEED TO STATE OF WASHINGTON, RECORDING N0. 5721821. THIS HAS BEEN NOTED ON THE BOUNDARY LINES WHICH ABUT THE RIGHT -07 -WAY. 12) RENQ ISHMENT OF ACCESS TO STATE HIGHWAY N0. 1, AND OF UGFIT, VIEW AND AIR 87 DEED TO STATE OF WASHINGTON, RECORDING NO. 5722344. THIS HAS BEEN NOTED ON THE BOUNDARY UNES WHICH ABUT THE RIGHT -0F -WAY. 13) MATTERS DISCLOSED BY SURVEY BY BUSH, TOED & HITCH INGS, INC. DATED JUNE 4, 2004, REVISED JUNE 23, 2004, J08 N0. 2004094, AS FOLLOWS: A) PARKING SPACE STRADDLE THE SOUTHWESTERLY PROPERLY UNE WITHOUT APPARENT BENEFIT OF RECORDED EASEMENT. B) WESTERLY PORTION, OF EX61111G BUILDING ENCROACHES UPON 30' ROADWAY AND UIUTY EASEMENT SHOWN AS EXCEPTION 1 HEREIN. 1 PLATTED CEHIEI8JNE S 134111 PUCE a33. "1'.oto - N48'12'531W 803.94' - LUND AND (C) EASEMENT FOR UDUNES OVER 'EASTERLY BOUNDARY OF PROPERTY. NO MOTH STATED REC, NO. 7801040431 40 FOOT INGRESS Nt EGRESS EASEMENT. AND 50 FOOT UIUTY EASEMENT. REC. N0. 8607100861 BOUNDARY AS ESTABLISHED PER REC. N0. 8210010841 SEE LUND ROS REC. NO 7808119004 0 FOOT TELEPHONE EASEMENT, REC. N0. 8609121461 • MONUMENT NOT FOUND CALC POSmON PER LUND` 90''. L(UPN DD (P2) I C) NOTE: RESERVATION OF RECIPROCAL ACCESS, CIRCULATION, PARKING AND UTILITIES EASEMENT OVER, UNDER AND ACROSS THOSE PORTIONS OF LOTS A AND B THAT SERVE AS PARKING AREAS AND /OR DRIVE AISLES IS TO BE T BY SEPARATE DOCUMENT, REC. NO. 711 / OWNER(S): FOSTORIA PARK ASSOCIATES, LLC. ADDRESS: P.O. BOX 1252 CITY/STATE/ZIP: FRIDAY HARBOR, WA 98250 PHONE: N/A 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)251 -8782 FAX CML ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES BINDING SITE IMPROVEMENT PLAN A PORTION OF THE SW 1/4 OF NE 1/4, SEC. 15, T 23N, R4E, W.M. TUKWILA, WA Date/Time:6 /17/2009 9:17 AM ile:P:\ 130003 \13349\8rey\pIat\ 133499SP 1. DATE, BGM 6/02/08 .108 NUMBER 13349 CTC SCALE 1"=40' SHEET 2 OF 2 nDepartment of Community Development Jack Pace, Director City of Tukwila Jim Haggerton, Mayor June 9, 2009 Kris Nelson Barghausen Consulting Engineers, Inc. 18215 72nd Ave S Kent, WA 98032 Re: Technical Comments Letter 3 - Fostoria Park Binding Site Improvement Plan (Tukwila file #L08- 061) Dear Kris, Below is a list of technical comments for your application for a binding site improvement plan for the property located at 4487 S 134th Place in Tukwila. Please revise the plans and draft easement document submitted with your application according to the comments listed below: 1) Streams and stream buffer areas — Locations of the ordinary high water mark of streams and their corresponding buffer areas should be clearly labeled along their entire extent. Please show the location of the ordinary high water mark and buffer extent for the Type 3 stream in the vicinity of the Southwest corner of proposed Lot A. Currently, measuring from the stream buffer outlined on Sheet 2 of 2, the ordinary high water mark of the stream is in the same location as the southwest property corner. Please verify if this is correct. It will help us in our review if you show the stream as a linear feature (instead of as a point labeled on the map), and show the stream as it extends to the south, and the buffer as it extends across adjacent properties to the south and west. 2) Reciprocal easement: • The easement area described in the text of the draft easement refers to all those portions of the tax parcel that serve as parking areas and/or drive aisles, and the exhibit refers to all areas over, under and across Lot A and B. The text of the easement document and the exhibit should be consistent. Please choose one of these as the easement area, and use the same language for both the text of the easement and the easement exhibit. • The Tukwila Short Plat number referenced in the easement document is incorrectly labeled — it should be 79- 26 -SS, not 79- 26 -55. Please correct all instances of this in the easement document. Please let me know if you have any questions — I would be happy to meet with you to go over the above comments. Note that this application will expire if no responses to the above technical comments have been received within 90 days; that is, by September 7, 2009. Sincerely, ` imie Reavis JR Page 1 of 1 H:\BSIPs \Fostoria Park \Technical Comments3_Fostoria Park BSIP.doc 06/09/2009 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 - 431 -3670 • Fax: 206 - 431 -3665 • • o sG I_- may <r4HG EN ,`NV. GHA V� Jaimie Reavis City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 May 13, 2009 HAND DELIVERY CIVIL ENGINEERING, LAND PLANNING, SURVEYING RE: Fostoria Industrial Park Binding Site Plan, File No. L08 -061 SWC – South 133rd Street and South 134th Place, Tukwila, Washington Our Job No. 13349 Dear Jaimie: MAY 13 2009 COMir, La! i Y DEVELOPMENT We have revised the plans and technical documents for the above - referenced project in accordance with the conditions listed in your preliminary approval letter dated May 8, 2009. Enclosed are the following documents for your review and final approval: 1. Four (4) copies of the Revised Binding Site Improvement Plan 2. Four (4) copies of the Reservation of Reciprocal Access, Circulation, Parking and Utilities Easement The following outline provides each of preliminary approval conditions in italics exactly as written, along with a narrative response describing how each comment was addressed: 1) Streams and stream buffer areas — Locations of the ordinary high water mark of streams and their buffer areas should be clearly labeled along their entire extent. Please show the location of the ordinary high water mark and buffer extent for the streams in the vicinity of the project site, including the following stream types and locations: Type 2 (northeast property line), Type 3 (Southwest corner Lot A), and Type 4 (north property line). The Type 3 stream was not shown on the previous versions of the maps. Attached is map that shows an approximation of this stream and its buffer extent in the vicinity of the project site. Response: Sheet 2 of 2 has been revised to include the tops, toes, buffers, and types of each of the streams located in the vicinity of the project site. 2) Include on Sheet 2 of 2 the location, size, and species of trees within stream buffer areas, as shown on the existing conditions plan. Response: The location, size, and species of existing trees have been added to Sheet 2 of 2. 3) Show on Sheet 2 of 2 the floor area of existing structures. Response: The floor areas of the two (2) existing buildings have been added to Sheet 2 of 2. 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX BRANCH OFFICES • OLYMPIA, WA • TACOMA, WA • CONCORD, CA • TEMECULA, CA www.barghausen.com • • Jaimie Reavis City of Tukwila Department of Community Development -2- May 13, 2009 4) Remove "DITCH" labels along northeast property line (see Sheet 2 of 2, redlined plans). Response: The "ditch" labels have been removed from Sheet 2 of 2. 5) Add the existing tax parcel number to the survey. Response: The existing tax parcel number has been added to Sheet 2 of 2 above the Reference Surveys. 6) Reciprocal easement: • Easements and maintenance responsibility shall be spelled out for any common utility line, circulation areas, parking areas, and landscaping. Please add provisions for reciprocal parking to the draft easement document submitted on 3/10/2009. Make sure that the maintenance responsibility outlined in the easement includes utilities, circulation areas, parking areas, and landscaping. Add a space for the recording number for this reciprocal easement on Sheet 2 of 2 of the survey map. Response: Parking has been added to the enclosed Reservation of Reciprocal Access, Circulation, Parking and Utilities Easement. A space for the recording number of the easement document has been added to Sheet 2 of 2 above the Title Notes. • There are three different areas described in different parts of the easement document and the plans. The easement area described in the text of the draft easement refers to drive aisles, the easement area on the survey refers to all areas over, under, and across lots A and B., and the exhibit refers to all areas of the site not including the building outlines. Please choose one of these, and use the same language for both the text of the easement and the easement exhibit. Our recommendation is for you to choose language similar to that shown on plan sheet 2 of 2, for which the easement covers all areas of lots A and B. Response: The language used in the easement document, Binding Site Improvement Plan, and easement exhibit has been revised to be consistent. 7) There is not enough room on site to accommodate parking stalls 83 -86 and the required drive -aisle width for 2 -way traffic (20 feet for 2 -way traffic; 12 feet for one- way traffic). Unless the site will be striped and signed for one -way traffic, stalls 83 -86 should be removed from the survey. Response: Parking stalls numbered 83 through 86, located along the north property line, have been removed from Sheet 2 of 2. • • Jaimie Reavis City of Tukwila Department of Community Development -3- May 13, 2009 8) The dumpster area on Lot A of the survey encroaches into the required 5-foot side setback. Please revise plans so there is not encroachment of the dumpster for Lot A into any required setbacks. Response: The dumpster pad /area has been revised so that it no longer extends into the side setback. 9) Revise Note 1 in "General Notes" section on the survey to clam /simply language. Redevelopment of the integrated site or either of the individual parcels will require compliance with codes in place at the time of redevelopment. Several conditions on site are nonconforming to current zoning code provisions (the current version of the code was printed December 2008, including amendments adopted through ordinance number 2201 and adopted May 5, 2008), including perimeter and interior parking lot landscaping, parking stall sizes, building setbacks to property lines and streams, and development within stream buffers. The requirement to comply with codes at the time of redevelopment will likely constrain the developable area of the integrated site or either of the individual parcels created through approval of the BSIP application. Response: General Note 1 has been revised to the language provided above. We believe that the above responses, together with the enclosed revised plans and easement document, address all of the conditions listed in your preliminary approval letter dated May 8, 2009. Please review the enclosed at your earliest convenience and contact me when we can submit the BSIP for signatures and recording. Thank you. Alexia D. Dorsch Assistant Planner ADD /ath 13349c.007.doc enc: As Noted cc: Bob Levinson, Earth Solutions NW, LLC (w /enc) Thomas A. Barghausen, Barghausen Consulting Engineers, Inc. Kris Nelson, Barghausen Consulting Engineers, Inc. Kim Mason, Barghausen Consulting Engineers, Inc. • . • 'MAR 101009 DEV1&.0kh. L, JT Jaimie Reavis, Assistant Planner City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 CIVIL ENGINEERING, LAND PLANNING, SURVEYING March 10, 2009 HAND DELIVERY RE: Fostoria Industrial Park Binding Site Improvement Plan SWC — South 133rd Street and South 134th Place, Tukwila City File No. 108 -061 Our Job No. 13349 Dear Jaimie: We have revised the plans for the above - referenced project in accordance with your comment letter dated January 8, 2009. Enclosed are the following documents: 1. Four (4) copies of the Revised Binding Site Improvement Plan 2. Four (4) copies of the Revised Existing Conditions Plan 3. Four (4) copies of the Reservation of Reciprocal Access, Circulation and Utilities Easement The following outline provides each of your comments in italics exactly as written, along with a narrative response describing how each comment was addressed: 1) Recording numbers of all documents in the current title report shall be listed on the survey page. Response: Recording numbers have been added to the Title Note on Sheet 2 of 2 of the enclosed Binding Site Improvement Plan. 2) A restrictive covenant applies to this integrated site. This covenant requires written approval from the Washington State Department of Ecology (DOE) prior to a number of different activities on the site, including any alteration or modification to existing structures, and any other activities on the property that may result in the release or exposure to the environment of contaminants contained on the site. The covenant also requires that the Owner of the property give thirty (30) days advance written notice to the DOE of the Owner's intent to convey any interest in the property. No conveyance of title, easement, lease, or other interest in the Property shall he consummated by the Owner without adequate and complete provision for continued monitoring, operation and maintenance of the Remedial Action. Please provide us with a copy of written approval of this binding site improvement plan from the DOE. Response: The Binding Site Improvement Plan does not require approval by the Department of Ecology (Ecology). The referenced restrictive covenant states that, 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX BRANCH OFFICES • OLYMPIA, WA • TACOMA, WA • SACRAMENTO, CA • TEMECULA, CA www.barghausen.com • • Jaimie Reavis, Assistant Planner City of Tukwila Department of Community Development -2- March 10, 2009 The Owner shall not alter, modify, or remove the existing structures nor conduct any other activity on the Property ... without prior written approval from Ecology. Some examples of activities that are prohibited without prior written approval from Ecology include: drilling, digging, placement of any objects or use of any equipment which deforms or stresses the surface beyond its load bearing capacity, piercing the surface with a rod, spike or similar item, bulldozing, or earthwork. None of the above activities are proposed for this site; therefore, approval by Ecology is not required. The owner is aware that a 30 -day written notice must be provided to Ecology prior to conveyance of interest in the property and that provisions must be made for continued monitoring, operation, and maintenance of the remedial action if conveying title, easement or lease. 3) Easements and maintenance responsibility shall be spelled, out for any common utility line, circulation areas, parking areas; and landscaping. Response: A Reservation of Reciprocal Access, Circulation and Utilities Easement is enclosed. 4) Monument shall be installed at each property corner. Response: Monuments have been installed at each property corner as shown on the enclosed Binding Site Improvement Plan. 5) Number parking stalls, and show on plans the dimensions of parking stalls (length and width), and the width of drive aisles, to verb that drive -aisle widths and parking spaces meet the code requirements of chapter 18.56 of the Tukwila Municipal Code (TMC). Please refer to Figure 6 of TMC 18.56.040 showing Off - Street Parking Area Dimensions. Note that up to 30% of the required parking may be for compact cars. Response: Numbered parking stalls and dimensions of parking stalls and drive aisles are shown on the enclosed Binding Site Improvement Plan. 6) Removed hatched lines shown inside building footprint for better readability. Response: Hatched lines indicating the existing 50 -foot and 100 -foot creek buffers have been removed from the enclosed Binding Site Improvement Plan. 7) Indicate where the dumpster will be located for Lot 1. Response: The dumpster for Lot A will be located in the west corner of the lot, as shown on the enclosed Binding Site Improvement Plan. • • Jaimie Reavis, Assistant Planner City of Tukwila Department of Community Development -3- March 10, 2009 8) The property subject to this application was designated Lot 3 under Tukwila short plat number 79 -26 -S S. Please label new lots Lot A and Lot B, instead of Lot 1 and Lot 2, to better distinguish the proposed subdivision from the lots created through the previous short plat. Response: The new lots are labeled `Lot A' and `Lot B'. 9) Include the following under the "General Notes" section on the survey: (1) Reference the previous short plat issued by the City of Tukwila that created Lot 3, the property that is the subject of the current application. Response: The previous short plat is referenced under Reference Surveys on Sheet 2 of 2 of the enclosed Binding Site Improvement Plan. (2) Include a note which states that redevelopment of the integrated site or either of the individual parcels will require compliance with codes in place at the time of redevelopment. Include in these notes that the existing perimeter and interior parking lot landscaping, as well as required watercourse buffers, are nonconforming to code. According to the current zoning regulations, landscaping shall be brought into code compliance at such time as a change requiring design review approval is proposed for a use or structure. Redevelopment of areas within sensitive areas and their buffers is currently regulated by TMC Chapter 18.70 (Nonconforming Lots, Structures, and Uses) and Chapter 18.45 (Environmentally Sensitive Areas). Compliance with the currently adopted watercourse buffers and setbacks to these buffers would likely constrain the developable area of this integrated site, or either of the parcels created through approval of this BSIP, at the time of redevelopment. Response: A note to this effect has been added to the General Notes on Sheet 2 of 2 of the enclosed Binding Site Improvement Plan. (3) State the purpose of the BSIP, under the "General Notes and Easements" section of the survey page. The purpose statement should include the .following language: Purpose: The purpose of this BSIP is to accommodate the division of land for the purpose of sale or lease of property within an Integrated Site (as defined by TMC 18.06.453), which allows certain zoning standards (including but not limited to minimum parking, setbacks, landscaping, lot area, lot dimensions, and sign regulations) on the individual parcels to be modified, provided that the standards of the • • Jaimie Reavis, Assistant Planner City of Tukwila Department of Community Development -4- March 10, 2009 entire center are met. Zoning standards apply to the integrated site as a whole, not considering interior lot lines. Response: A note to this effect has been added to the General Notes on Sheet 2 of 2 of the enclosed Binding Site Improvement Plan. We believe that the above responses, together with the enclosed revised plans, address all of the comments in your letter dated January 8, 2009. Please contact me at (425) 656 -7416 or adorsch @barghausen.com once we can proceed with recording. Thank you. Sincerely, ka.), Alexia D. Dorsch Assistant Planner ADD /ath /pj 13349c.005.doc enc: As Noted cc: Bob Levinson, Earth Solutions NW, LLC (w /enc) Eric Mitchell, ESM Properties, Inc. (w /enc) Thomas A. Barghausen, Barghausen Consulting Engineers, Inc. Kim Mason, Barghausen Consulting Engineers, Inc. Kris Nelson, Barghausen Consulting Engineers, Inc. City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF DECISION May 8, 2009 Alexia Dorsch Barghausen Consulting Engineers, Inc. 18215 72 "d Ave S Kent, WA 98032 RE: Fostoria Park Binding Site Improvement Plan L08 -061 PRE07 -055 (pre- application meeting) 4487 S 134th Place Dear Ms. Dorsch, The Short Subdivision Committee has completed review of your binding site improvement plan application (No. L08 -061), and determined that it complies with all applicable City code requirements. The City SEPA Responsible Official has previously determined that this application does not require a SEPA threshold determination because it is categorically exempt. This letter serves as the Notice of Decision per TMC 18.104.170. Based on the latest project submittal, preliminary approval is granted subject to the conditions stated below. There are three basic steps in the binding site improvement plan (BSIP) approval process: 1. Preliminary Approval This letter constitutes your preliminary approval. The application was reviewed by the Tukwila Short Subdivision Committee and approved with conditions. The conditions imposed are to ensure the short plat is consistent with the Criteria for Preliminary Approval listed at TMC 17.12.020 C in the Tukwila Subdivision Code. PRELIMINARY APPROVAL CONDITIONS 1) Streams and stream buffer areas — Locations of the ordinary high water mark of streams and their buffer areas should be clearly labeled along their entire extent. Please show the location of the ordinary high water mark and buffer extent for the streams in the vicinity of the project site, including the following stream types and locations: Type 2 (northeast property line), Type 3 (Southwest corner Lot A), and Type 4 (north property line). The Type 3 stream was not shown on the previous versions of the maps. Attached is map that JR Page 1 of 4 05/04/2009 H: \BSIPs \Fostoria Park\L08 -061 Fostoria Park BSIP NOD.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 -431 -3670 • Fax: 206 -431 -3665 shows an approximation of this stream and its buffer extent in the vicinity of the project site. 2) Include on Sheet 2 of 2 the location, size, and species of trees within stream buffer areas, as shown on the existing conditions plan. 3) Show on Sheet 2 of 2 the floor area of existing structures. 4) Remove "DITCH" Labels along northeast property line (see Sheet 2 of 2, redlined plans). 5) Add the existing tax parcel number to the survey. 6) Reciprocal easement: • Easements and maintenance responsibility shall be spelled out for any common utility line, circulation areas, parking areas, and landscaping. Please add provisions for reciprocal parking to the draft easement document submitted on 3/10/2009. Make sure that the maintenance responsibility outlined in the easement includes utilities, circulation areas, parking areas, and landscaping. Add a space for the recording number for this reciprocal easement on Sheet 2 of 2 of the survey map. • There are three different areas described in different parts of the easement document and the plans. The easement area described in the text of the draft easement refers to drive aisles, the easement area on the survey refers to all areas over, under, and across lots A and B, and the exhibit refers to all areas of the site not including the building outlines. Please choose one of these, and use the same language for both the text of the easement and the easement exhibit. Our recommendation is for you to choose language similar to that shown on plan sheet 2 of 2, for which the easement covers all areas of lots A and B. 7) There is not enough room on site to accommodate parking stalls 83 -86 and the required drive -aisle width for 2 -way traffic (20 feet for 2 -way traffic; 12 feet for one -way traffic). Unless the site will be striped and signed for one -way traffic, stalls 83 -86 should be removed from the survey. 8) The dumpster area on Lot A of the survey encroaches into the required 5 -foot side setback. Please revise plans so there is not encroachment of the dumpster for Lot A into any required setbacks. 9) Revise Note 1 in "General Notes" section on the survey to clarify /simplify language. Redevelopment of the integrated site or either of the individual parcels will require compliance with codes in place at the time of redevelopment. Several conditions on site are nonconforming to current zoning code provisions (the current version of the code was printed December 2008, including amendments adopted through ordinance number 2201 and adopted May 5, 2008), including perimeter and interior parking lot landscaping, parking stall sizes, building setbacks to property lines and streams, and development within stream buffers. The requirement to comply with codes at the time of JR Page 2 of 4 05/04/2009 4:58:00 PM H:\BS[Ps \Fostoria Park\L08-061_Fostoria Park BSIP_NOD.doc redevelopment will likely constrain the developable area of the integrated site or either of the individual parcels created through approval of the BSIP application. APPEALS This BSIP approval decision may be appealed to the Hearing Examiner. One administrative appeal of the decision on the BSIP is permitted. If no valid appeals are filed within the time limit, the decision of the Department will be final. In order to appeal the decision a written notice of appeal must be filed with the Department of Community Development within 21 days of the issuance of the Notice of Decision (05/29/2009). The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. Appeal materials shall include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 5. Appeal fee of $225. Any appeal shall be conducted as an open record hearing before the Hearing Examiner. The Hearing Examiner's decision on the appeal is the City's final decision. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner's decision pursuant to the procedures and time limitations set forth in RCW ch. 36.70C.. 2. Final Approval The next step is to address the comments made in this letter. Once you have addressed the comments and revised the plans, submit one original signed plan set for recording and three unsigned sets for routing to the Department of Community Development. Please check with the King County Assessor's Office and the City of Tukwila Finance Department regarding any taxes and fees assessed against the property prior to submitting JR Page 3 of 4 05/04/2009 4:58:00 PM H:\BSIPs \Fostoria Park \L08 -061 Fostoria Park BSIP NOD.doc final documents. After the documents have been found to be in order, and the all of the requirements of the binding site improvement plan have been met, the Chair of the Short Subdivision Committee signs your binding site improvement plan which constitutes a grant of final approval. Expiration The final approved binding site improvement plan must be filed with the King County Department of Records by May 8, 2010, one year from the date of this preliminary approval or the application will expire. The City may grant a single one year extension if requested in writing prior to the expiration date. 3. Recording The signature of the Chairman of the Short Subdivision Committee certifies that your BSIP application is ready for recording. It is your responsibility to record the City approved BSIP documents with the King County Department of Records. You will need to pay the recording fees and submit your approved original BSIP to King County. The BSIP is not complete until the recording occurs and copies of the recorded documents are provided to the Department of Community Development. After recording, the County returns the recorded original to the City of Tukwila within 4 -6 weeks, at which time your BSIP is considered complete. You can shorten this processing time by hand - delivering a copy of the recorded binding site improvement plan to the project planner. If you have any questions about this matter please direct them to the project planner, Jaimie Reavis, at (206) 431 -3659. Sincerely, ck Pace Chair, Short Subdivision Committee Enclosure (sire plan) cc: Jim Morrow, Public orks Director !; (please initial your approval) Nick Olivas, Fire Chief .e initial your approval) Fostoria Park Associates, LLC, Owner King County Assessor, Accounting Division Department of Ecology, SEPA Division JR Page 4 of 4 H:\BSIPs \Fostoria Park \L08 -061 Fostoria Park BSIP NOD.doc 05/04/2009 4:58:00 PM w cit.* at J uI uiCa w Dept. Of Community Development AFFIDAVIT OF DISTRIBUTION 1, jit d,Pzi -e raktil s HEREBY DECLARE THAT: _ Notice of Public Hearing Project Name: . S et pork_ 12-x iP Determination of Non - Significance Project Number: /...-Or- 0 6 1 Notice of Public Meeting Mailing requested by: a-Ai »n it g vv6S Mitigated Determination of Non - Significance Mailer's signature: Gja"- ,,Q ibek --- -- Board of Adjustment Agenda Packet Determination of Significance & Scoping Notice Board of Appeals Agenda Packet Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box ?0 - Seattle WA 98111 Other: Nake ed cis/on - -Pry %«ri,h Gwy 'bY� - 1 Was mailed to each of the addresses listed /attached on this ? day of May in the year 20 b `'/ .� -1-Q lac t 1.f. /i41 , _ Project Name: . S et pork_ 12-x iP Project Number: /...-Or- 0 6 1 Mailing requested by: a-Ai »n it g vv6S Mailer's signature: Gja"- ,,Q ibek --- -- C: \TEMP\XPGRPWISE\AFFIDAVIT OF DISTRIBUTION.DOC • AGENCY LABELS ( ) US Corps of Engineers ( ) Federal HWY Admin ( ) Federal Transit Admin, Region 10 ( ) Dept of Fish & Wildlife Section 1 FEDERAL AGENCIES ( ) US Environmental Protection Agency (E.P.A.) ( ) US Dept of HUD ( ) National Marine Fisheries Service Section 2 WASHINGTON STATE AGENCIES ( ) Dept of Social & Health Services ( ) Dept of Ecology NW Regional Office, Shoreland Division Dept of Ecology, SEPA ( ) Office of Attorney General ( ) Office of Hearing Examiner ( ) Office of Archaeology ( ) Transportation Department (WSDOT NW) ( ) Dept of Natural Resources ( ) Office of the Governor ( ) WA State Community Development ( ) WA Fisheries & Wildlife ( ) KC Boundary Review Board ( ) Fire District # 11 ( ) Fire District # 2 ( ) KC Wastewater Treatment Div ( ) KC Dept of Parks & Recreation KC Assessor's Office Section 3 KING COUNTY AGENCIES ( ) Health Department ( ) Port of Seattle ( ) KC Dev & Enviro Services -SEPA Info Center ( ) KC Metro Transit Div -SEPA Official, Environmental Planning ( ) KC Dept of Natural Resources ( ) KC Dept of Natural Resources, Andy Levesque ( ) Tukwila School District ( ) Tukwila Library ( ) Renton Library ( ) Kent Library ( ) Seattle Library Section 4 SCHOOLS /LIBRARIES ( ) Foster Library ( ) KC Public Library System ( ) Highline School District ( ) Seattle School District ( ) Renton School District ( ) Westfield Mall Library ( ) QWEST Communications ( ) Seattle City Light ( ) Puget Sound Energy ( ) Highline Water District ( ) Seattle Planning &Dev /Water Dept ( ) Comcast Section 5 UTILITIES ( ) BP Olympic Pipeline ( ) Val -Vue Sewer District ( ) Water District # 20 ( ) Water District # 125 ( ) City of Renton Public Works ( ) Bryn Mawr - Lakeridge Sewer /Water Dist ( ) Seattle Public Utilities ( ) Allied Waste Services ( ) Tukwila City Departments ( ) Public Works ( ) Police ( ) Planning ( ) Parks & Rec ( ) City Clerk ( ) Fire ( ) Finance ( ) Building ( ) Mayor Section 6 CITY AGENCIES ( ) Kent Planning Dept ( ) Renton Planning Dept ( ) City of SeaTac ( ) City of Burien ( ) City of Seattle ( ) Strategic Planning *Notice of all Seattle Related Projects ( ) Puget Sound Regional Council ( ) SW KC Chamber of Commerce ( ) Muckleshoot Indian Tribe * ( ) Cultural Resources ( ) Fisheries Program ( ) Wildlife Program ( ) Duwamish Indian Tribe * Section 7 OTHER LOCAL AGENCIES ( ) Puget Sound Clean Air Agency ( ) Sound Transit/SEPA ( ) Duwamish River Clean Up Coalition * ( ) Washington Environmental Council ( ) People for Puget Sound * ( ) Futurewise * send notice of all applications on Green /Duwamish River ( ) Seattle Times ( ) South County Journal Section 8 MEDIA ( ) Highline Times ( ) City of Tukwila Website P:Admin \Admin Forms \Agency Checklist Public Notice Mailings For Permits SEPA MAILINGS Mail to: (comment period starts on date of mailing) Dept, of Ecology Environmental Review Section *Applicant *Other agencies as necessary (checked off on attached list) *Any parties of record * send only the staff report, site plan and the SEPA Determination KC Transit Division — SEPA Official would like to receive information about all projects that might affect transit demand Tribes — For any application on the Green /Duwamish River, send the checklist and a full set of plans with the Notice Of Application Send These Documents to DOE: SEPA Determination (3 -part from Sierra) Findings (staff report, usu. with MDNS) SEPA Checklist (filled out by applicant) Drawings /Plans of project (site plan, elevations, etc. from PMT's) Affidavit of Distribution (notice was mailed or sent to newspaper) SHORELINE MAILINGS: Notice of Application for a Substantial Development Permit must be mailed to owners and to property owners within 500 feet of subject property, comments are due 30 days after the notice of application is mailed /posted. The Notice of Application for Shoreline Substantial Development Permit must include a statement that any person desiring to submit written comments on the application or desiring to receive notification of the final decision on the application may do so within 30 days of the Notice of Application. If a hearing will be held on the application, the hearing notice must include the information that written comments may be submitted, or oral presentation made at the hearing. Notice is sent to Ecology's NW Regional Office Shorelands & Environmental Assistance Program. Shoreline Permit Notice of Decision: Mail to: (within 8 days of decision; 21 -day appeal period begins date received by DOE) Department of Ecology Shorelands Section, NW Regional Office State Attorney General *Applicant *Indian Tribes *Other agencies as necessary (checked off on attached list). *Any parties of record * send only the staff report, site plan and the SEPA Determination Send These Documents to DOE and Attorney General: Permit Data Sheet Shoreline Substantial Development Permit (3 -part from Sierra) Findings (staff report or memo) Shoreline Permit Application Form (filled out by applicant) Drawings /Plans of project (site plan, elevations, etc. from PMT's) — Site plan, with mean high water mark & improvements - Cross- sections of site with structures & shoreline - Grading Plan — Vicinity map SEPA determination (3 -part from Sierra) Findings (staff report or memo) SEPA Checklist (filled out by applicant) Any background studies related to impacts on shoreline Notice of Application Affidavit of Distribution (notice was mailed) P:Admin \Admin Forms \Agency Checklist MEMORANDUM To: Jim Morrow via Joanna Spencer Nick Olivas via Don Tomaso Richard Takechi From: Jaimie Reavis RE: Fostoria Park Binding Site Improvement Plan (BSIP) Date: May 18, 2009 File: L08 -061 The above referenced binding site improvement plan is ready for final approval. Attached are the documents for recording. Please indicate your approval by putting your initials next to your name below. If you do not approve, indicate any additional requirements below. Approved by Nick Olivas (initials) Approved by Jim Morrow (initials) Approved by Richard Takechi (initials) • MEMORANDUM To: Jim Morrow via Joanna Spencer Nick Olivas via Don Tomaso Richard Takechi From: Jaimie Reavis RE: Fostoria Park Binding Site Improvement Plan (BSIP) Date: May 18, 2009 File: L08 -061 The above referenced binding site improvement plan is ready for final approval. Attached are the documents for recording. Please indicate your approval by putting your initials next to your name below. If you do not approve, indicate any additional requirements below. Approved by Nick Olivas CPC 'A O (initials) Approved by Jim Morrow (initials) Approved by Richard Takechi (initials) Us e9 • (C) (R) (P1) (P2) (P3) • 0 20 40 80 EMIIMISMIS 1 1•EQL7llllllll� r w a3 SCALE: 1' =40' LEGEND FOUND AS NOTED SET 1/2* REBAR /CAP 'BCE 27328' CALCULATED RECORD FOSTORIA GARDEN TRACTS MORTIMER PLAT ROS 7808119004 GRADE LEVEL TRUCK LOADING DOOR DOCK HIGH TRUCK LOADING DO0R / / [b� j FOUND 5/8' R C 0j / 13I 22/333' (4/10/2008) • / BINDI G SITE I PROVEMENT PLAN sr 347/ 0'41' A 4 =2110 20' A Nl CF R= 185.80' L =68.66' N41'47'07'E 19.50' 14.5 FEET NORTH & ON -LOVE ui 223333' (4' O/2 087 S48'12 53 58.67' -. 95.70 TYPE CREEK ( 1 BUFFER) / 145.72' B.S.8.L 3 9.5•x16' STORU DRAINAF£ EASEMENT N REC. NO. 9208261186s I - 7 " . 5 54 55 56 57 58 59 60 18 30 29 28 27 26 25 24 23 ^58 61 N �� 70 IIIS 63 3' SERVICE- 3' SERVICE n 251 DOOR 100 CREEK BUFFER LOT B 76,746 ± SO. FT. (1.76 ± ACRES) v 6' 6' PLATTED CENTERLINE S. 134TH PLACE N48' 12'53"W 803.94 LUND AND (C) Y SERVICE DOOR 16.020• VAN ACCESSIBLE LOT A 63,110 ± SO. FT. (1.44 ± ACRES) 3' SERVICE DOOR RAMP TO DOOR 1 H.C. s02 30' ROADWAY AND I111UTY EASEMENT, REC. NO. 7102250429 AND 7405140498 FOUND 5/8' R/C l 5p 08) 'LS/ 22333' (4/10/20 0 F 0, G i B.S. &L EASEMENT FOR UTILITIES OVER 'EASTERLY BOUNDARY OF PROPERLY, NO WIDTH STATED REC. NO. 40 FOOT INGRESS & EGRESS EASEMENT, AND 50 F001 UTLITY EASEMENT, REC. N0. 7100861 BOUNDARY AS ESTABUSHED PER REC. N0. 8210010841 SEE LUND ROS REC. N0. 7808119004 10 FOOT TELEPHONE EASEMENT, REC. NC. 8609121461 N' : 27_. W 115.00' INGRESS. EGRESS, LOADING AND UNLOADING EASEMENT IN FAVOR OF LOT 3 REC. N0. 8806140682 FOUND 5/8' R/C IS, 22333' (4/10/2008) or 45'03 GENERAL NOTES: x U U 1. REDEVELOPMENT OF THE INTEGRATED SITE OR EITHER OF THE INDMDUAL PARCELS WILL REOUIRE COMPUANCE WITH CODES IN PLACE AT THE TIME OF REDEVELOPMENT. THE EXISTING PERIMETER AND INTERIOR PARKING LOT LANDSCAPING, AS WELL AS REOUIRED WATERCOURSE BUFFERS, ARE NONCONFORMING TO CODE. ACCORDING TO THE CURRENT ZONING REGULATIONS, LANDSCAPING SHALL BE BROUGHT INTO CODE COMPUANCE AT SUCH TIME AS A CHANGE REOUIRING DESIGN REVIEW APPROVAL 6 PROPOSED FOR A USE OR STRUCTURE REDEVELOPMENT 07 AREAS WITHIN SENSITIVE AREAS AND THEIR BUFFERS 6 CURRENTLY REGULATED BY TMC CHAPTER 18.70 N- CONFORMING LOTS, STRUCTURES, AND USES) AND CHAPTER 1 &45 (ENVIRONMENTALLY SENSITIVE AREAS). COMP- LIANCE WITH THE CURRENTLY ADOPTED WATERCOURSE BUFFERS AND SETBACKS TO THESE BUHHLKS WOULD UKELY CONSTRAIN THE DEVELOPABLE AREA OF THIS INTEGRATED OR EITHER OF THE PARCELS CREATED THROUGH APPROVAL OF 1116 BSIP, AT THE TIME OF REDEVELOPMENT. 2. THE PURPOSE OF THE BSIP 6 TO ACCOMMODATE THE ON OF LAND FOR THE PURPOSE OF SALE OR LEASE OF PROPERTY WITHIN AN INTEGRATED SITE (A5 DEFINED BY TMC 18.06.453), WHICH ALLOWS CERTAIN ZONING STANDARDS (INCLUDING BUT NOT MUTED TO MINIMUM PARKING, SETBACKS, LANDSCAPING, LOT AREA LOT DIMEN- SIONS, AND SIGN REGULATIONS) ON THE INDIVIDUAL PARCELS TO BE MODIFIED, PROVIDED THAT THE STANDARDS OF THE ENTIRE CENTER ARE MET. 101ING STANDARDS APPLY TO THE INTEGRATED SITE AS A WHOLE, NOT CONSIDERING INTERIOR LOT ONES. OWNER(S): FOSTORIA PARK ASSOCIATES. L.LC. ADDRESS: P.O. BOX 1252, CITY /STATE/MP: FRIDAY HARBOR. WA 98250 PHONE: VIVA FOUND PK/WAHER 'ISO 22333' (4/1Q/2008) 1 <J 1 1 )-J SURVEYOR'S NOTES: 1 - J 1. HORIZONTAL DATUM - BASIS OF BEARINGS 6 NADI 1983 (WSDO1) THE BEARING OF THE LONE BETWEEN THE FOUND MONUMENTS WSW 132 AND 95001 2988 TAKEN AS S48'18'541. 2. THIS 6 A FIELD TRAVERSE SURVEY. A TOPCON GR -3 AND 060041ETER 610 ROBOT WERE USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN THE CONTROLLING MONUMENTATION AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED THOSE SPECIFIED IN RAC 332- 130 -090. ALL INSTRUMENTS AND EOLIPMENT HAVE BEEN UNTAMED IN ADJUSTMENT .6CCDR G TO MANUFACTURERS' SPECIFICATION. THERE SHALL BE 88 REGULAR PAPoONC SPACES AND 4 HANDICAP /j PAWING SPACES. \k' yv REFERENCE SURVEYS: SHORT PLAT -REC. N0. 8004240503 LUND-REC. N0. 7808119004 MACINTOSH -REC. N0. 7807129003 C05N -REC. 60. 20001121990003 MORTIMER PLAT VOL 14, PG. 92 FOSTORIA GARDEN TRACTS VOL 9, PG. 95 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)251 -8782 FAX CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES • MONUMENT NOT FOUND CALL POSITION PER LUND-A, A T LUND `` (P2� (C) NOTE: A BLANKET RECIPROCAL ACCESS AND UTIUY EASEMENT OVER, UNDER AND ACROSS LOTS A AND B IS TO BE GRANTED BY SEPARATE DOCUMENT. I TITLE NOTE: A SHORT P(AT,CE8111CATE PROVIDED BY CHICAGO TOLE INSURANCE COMPANY, THEIR ORDER N0. 1267003 AND DATED MAY 20. 2008, AND ALL SUPPIEMENTALS THEREOF, WAS RELIED UPON FOR RECORD INFORMATION AFFECTING THIS SITE. ACCORDING TO THIS DOCUMENT, THIS SITE IS SUBJECT TO THE 60(10WING EXCEPTIONS: 1) EASEMENT PROVISIONS FOR ROADWAY AND UTOJTY, RECORDING N0. 740514049& THIS EASEMENT HAS BEEN GRAPHICALLY DEPICTED. 2) EASEMENT FOR VOTES, NO WIDTH STATED, RECORDING NO. ir41 ,,;,,,AFC THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION THE PROPERTY HEREIN DESCRIBED. THIS EASEMENT HAS BEEN NOTED ON THE SOUTHEASTERLY BOUNDARY UNE. 3) COVENANTS, COMMONS. RESTRICTIONS, EASEMENTS. NOTES, DEDICATIONS AND SETBACKS, IF ANY SET FORTH IN OR DELINEATED ON CITY OF UREA SHORT FLAT NUMBER 79- 26 -5S, RECORDING N0. 8004240503. SAID SHORT PLAT HAS BEEN AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 8210 010841 AND 7 4) FOR ELECTRIC UNDERGROUND TRANSMISSION AND DISTRIBUTION FACILITIES, INCLUDING COMMUNICATION WIRES, RECORDING N0. 8609121461'.' SAID EASEMENT 6 A RE- RECORDING OF EASEMENT RECORDED UNDER 5) ECORDING NO. 81013110412.1TIOS EASEMENT FOR STORM DRAIN MANHOLE AN ASSICIATEDDRREINFORCED CONCRETE PIPE. RECORDING N0. 9208261186' THIS EASEMENT HAS BEEN GRAPHICALLY DEPICTED. 1 6 RESTRICTIVE COVENANT REGARDING REMEDIAL ACTION, RECORDING N0. 9902191086. AGREEMENT REGARDING DEVELOPMENT OF SAID PROPERTY. RECORDING N0. 8102250434. 8 AGREEMENT REGARDING BOUNDARY SETTLEMENT, RECORDING N0. 82.1 0010841, 9 AGREEMENT REGARDING SIDEWALK IMPROVEMENTS, RECORDING N0. 860911f301.' 10) AGREEMENT FOR EASEMENT FOR INGRESS, EGRESS. LOADING AND UNLOADING, RECORDING N0. 8806140682. 11) RELNOUISHLIENT OF ACCESS TO STATE IOGHWAY N0. 1, AND OF WM. VIEW AND AIR BY DEED TO STATE OF WASHINGTON, RECORDING N0. 57218ti: RS HAS BEEN NOTED ON THE BOUNDARY LINES WHICH ABUT THE RIGHT -OF -WAY. 12) RELINOUISHMENI OF ACCESS TO STATE HIGHWAY 140. 1, AND OF 11GNT. VIEW AND AIR BY DEED TO STATE OF WASHINGTON, RECORDING N0. 5 3N. TH6 HAS BEEN NOTED ON THE BOUNDARY ONES WHICH ABUT THE RXx1T -OF -WAY. 13) MATTERS DISCLOSED BY SURVEY BY BUSH. ROED ✓¢ HATCHINGS, INC. DATED JUNE 4, 2004, REVISED JUNE 23, 2004, JOB N0. 2004094, AS FOLLOWS: A) PARKING SPACES STRADDLE THE SOUTHWESTERLY PROPERTY LINE WITHOUT APPARENT BENEFIT OF RECORDED EASEMENT. B) WESTERLY PORTON OF EXISTING BUILDING ENCROACHES UPON 30' ROADWAY AND TRILBY EASEMENT SHOWN AS EXCEPTION 1 HEREIN. 6 n BINDING SITE IMPROVEMENT PLAN ,- -'7 "`) A PORTION OF THE SW 1/4 OF NE 1/4, MAR 10 2009 SEC. 15, T 23N, R4E, W.M. TUKWILA, WA-= DRAWN BY CHECKED BY BGM DATE 6/02/08 JOB NUMBER 13349 CTC SCALE 1 " =40' SHEET 2 OF 2 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 4313665 E-mail: tukplan(4iDtukwila.wa.us BINDING SITE IMPROVEMENT PLAN NUMBER L08 -061 DECLARATION BINDING SITE I PRO EMENT PLAN KNOW ALL MEN BY THESE PRESENT THAT WE, THE UNDERSIGNED, OWNERS) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SHORT SUBDIVISION THEREOF PURSUANT TO RCW 58.17.060 AND ACKNOWLEDGE THAT SAID SUBDIVISION SHALL NOT BE FURTHER DMDED IN ANY MANNER WITHIN A PERIOD OF FIVE YEARS, FROM DATE OF RECORD, WITHOUT THE FILING OF A FINAL PLAT. THE UNDERSIGNED FURTHER DECLARE THIS SHORT PLAT TO BE 1H6 GRAPHIC REPRESENTATION OF SAID SHORT SUBDIVISION AND THE SAME 15 MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S). IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. FOSTORIA PARK LLC. IDS UFE INSURANCE COMPANY BY: ITS: STATE OF WASHINGTON COUNTY OF BY: ITS: ON THIS DAY PERSONALLY APPEARED BEFORE ME TO ME KNOWN TO BE THE INDIVIDUAL WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED THAT HE/SHE SIGNED THE SAME AS HIS/HER VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THEREIN MENTIONED. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF 20 SIGNATURE: NAME AS COMMISSIONED: TITLE: MY APPOINTMENT EXPIRES: STATE OF WASHINGTON COUNTY OF ON THIS DAY PERSONALLY APPEARED BEFORE ME TO ME KNOWN TO BE THE INDIVIDUAL WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED THAT HE/SHE SIGNED THE SAME AS HIS/HER VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THEREIN MENTIONED. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF , 20_ SIGNATURE: NAME AS COMMISSIONED: MY APPOINTMENT EXPIRES: LAND SURVEYOR'S CERTIFICATE I DENNIS J. SALTYS, REGISTERED AS A LAND SURVEYOR BY THE STATE OF WASHINGTON, CERTIFY THAT THIS BINDING SITE PLAN IS BASED ON AN ACTUAL SURVEY OF THE LAND DESCRIBED HEREIN, MADE BY ME OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT; THAT THE DISTANCES, COURSES AND ANGLES ARE SHOWN HEREON CORRECTLY; AND THAT MONUMENTS OTHER THAN THOSE MONUMENTS APPROVED FOR SETTING AT A LATER DATE, HAVE BEEN SET AND LOT CORNERS STAKED ON THE GROUND AS DEPICTED ON THE BINDING SITE PLAN. bENNIS J. SALTYS, PLS DATE WASHINGTON REGISTRATION NO. 27328 ORIGINAL LEGAL DESCRIPTION LOT 3, CITY OF TUKWILA SHORT PLAT NUMBER 79 -26SS, RECORDED UNDER RECORDING NUMBER 8004240503, IN KING COUNTY, WASHINGTON, AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 8210010841 AND 6607100861; BEING A PORTION OF TRACTS 16 AND 17. FOSTORIA GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 9, OF PLATS, PAGE 95, KING COUNTY, WASHINGTON. PROPOSED LOT 1 THAT PORTION OF LOT 3, CITY OF TUKWILA SHORT PLAT NO. 79 -28-SS RECORDED UNDER RECORDING N0.8004240503 IN KING COUNTY, WASHINGTON. AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NOS. 8210010841 AND 8607100881, BEING A PORTION OF TRACTS 16 AND 17 OF FOSTORIA GARDEN TRACTS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 95, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3 AT THE SOUTH MARGIN OF SOUTH 133RD STREET; THENCE ALONG SAID MARGIN SOUTH 69' 59' 53' EAST. A DISTANCE OF 21325 FEET; THENCE SOUTH 48' 12' 53' EAST, A DISTANCE OF 95.70 FEET; THENCE SOUTH 41� 47' 07' WEST, A DISTANCE OF 270.68 FEET; THENCE NORTH 57 45' 03' WEST. A DISTANCE OF 258.36 FEET; THENCE NORTH 41' 47' 07' EAST. A DISTANCE OF 171.32 FEET TO THE POINT OF BEGINNING CONTAINING 63,110 t SQ. FT. OR 1.44 t ACRES OF LAND, MORE OR LESS PROPOSED LOT 2 THAT PORTION OF LOT 3, CITY OF TUKWILA SHORT PLAT NO. 79-26-SS RECORDED UNDER RECORDING NO. 8004240503 IN KING COUNTY, WASHINGTON. AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NOS. 8210010841 AND 8607100861, BEING A PORTION OF TRACTS 16 AND 17 OF FOSTORIA GARDEN TRACTS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 95, KING COUNTY, WASHINGTON; EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3 AT THE SOUTH MARGIN OF SOUTH 133RD STREET; THENCE ALONG SAID MARGIN SOUTH 89' 59' 53' EAST, A DISTANCE OF 213.35 FEET; THENCE SOUTH 48' 12' 53' EAST, A DISTANCE OF 95.70 FEET; THENCE SOUTH 4V 47' OT WEST, A DISTANCE OF 270.68 FEET; THENCE NORTH 57' 45' 03' WEST. A DISTANCE OF 258.36 FEET; THENCE NORTH 41' 47' or EAST. A DISTANCE OF 171.32 FEET TO THE POINT OF BEGINNING CONTAINING 76.746 3 SO. FT. OR 1.76 t ACRES OF LAND, MORE OR LESS. NOTE: MONUMENTS SHOWN HEREON WERE VISITED 4/10/2008 LION. N CASE TA CCoAER S85'47.321 l 2623.86' SEE SHEET 2 S87'4 7.56'E 97 LUD (PIXF2XC) SO10I 115 IF1/4 15 4441'20' U91) NOM ,(C) 42 I)(P2) 186 34'I 34II'6 ICBM! 79511511,174 z FOUND 60b' NON. SE CORER CC LEWIS OLC CALL CORNER .Z9'56Z 1 3.S0.9SAN /4 FOinA 21'(PIXP2) E1/4 COMER 606' COI, DOLL CALL. COINER SECTION MAP NO SCALE SURVEY IN SW 1/4 OF NE 1/4 OF SECTION 15, T. 23 N., R.4 E., W.M., IN KING COUNTY, WASHINGTON RECORDING CERTIFICATE Filed for record at the request of the City of Tukwila this day Of 20 at minutes past M, and recorded in Volume of Plats, on page records of King County, Washington. Icing County Manager Supt of Records and Elections OWNER(S): FOSTORIA PARK ASSOCIATES; L.L.C. ADDRESS: P.O. BOX 1252 CITY /STATE/ZIP: FRIDAY HARBOR. WA 98250 PHONE: VULUMt 1'AGt CITY OF TUKWILA PUBLIC WORKS DIRECTOR REVIEWED AND APPROVED BY THE PUBLIC WORKS DIRECTOR AND HEREBY CERTIFIED FOR FIUNG THIS DAY OF 20 PUBLIC WORKS DIRECTOR CITY OF TUKWILA FIRE CHIEF REVIEWED AND APPROVED BY THE FIRE CHIEF AND HEREBY CERTIFIED FOR FILING THIS DAY OF ,20 FIRE CHIEF TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL REVIEWED AND APPROVED BY THE SHORT SUBDIVISION COMMITTEE AND HEREBY CERTIFIED FOR FIUNG THIS DAY OF 20 CHAIRPERSON, SHORT SUBDIVISION COMMITTEE APPROVALS KING COUNTY ASSESSOR'S APPROVAL EXAMINED AND APPROVED BY THE DEPARTMENT OF ASSESSMENTS THIS DAY OF 20 . KING COUNTY ASSESSOR DEPUTY ASSESSOR PARCEL NUMBER(S): 261320- 0086-08 CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT REVIEWED AND APPROVED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND HEREBY CERTIFIED FOR FILING THIS DAY OF 20 DEPARTMENT OF COMMUNITY DEVELOPMENT VICINITY MAP Z 0 ile:P: \1Z 7s \13349 \ survey \ plots \13349BSP1.dwg - '-ayout:Cover Sheet 1 (2) Date /Time:3 /9/2009 2:44 PM Scale:0.077670 BINDING SITE IMPROVEMENT PLAN A PORTION OF THE SW 1/4 OF NE 114MaR l0 2009, SEC. 15, T 23N, R4E, W.M. TUKWILA, WA�TJ,. ,T DRAWN BY BGM CHECKED BY I's Tr, DATE SCALE 6/02/08 JOB NUMBER 13349 •uA SHEET • City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director January 8, 2009 Alexia Dorsch Barghausen Consulting Engineers, Inc. 18215 72nd Ave S Kent, WA 98032 Re: Technical Comments Letter for Fostoria Park Binding Site Improvement Plan (Tukwila file 14L08 -061) Dear Alexia, Below is a list of technical comments, based on a review of materials submitted with your application for a binding site improvement plan for the property located at 4487 S 134th Place in Tukwila. Materials for this application were reviewed by the Building, Fire, Public Works, and Planning Departments. The Building and Fire departments did not have any comments. Please revise plans submitted with your application to address the comments from Public Works and Planning, as listed below: 1) Recording numbers of all documents in the current title report shall be listed on the survey page. 2) A restrictive covenant applies to this integrated site. This covenant requires written approval from the Washington State Department of Ecology (DOE) prior to a number of different activities on the site, including any alteration or modification to existing structures, and any other activities on the property that may result in the release or exposure to the environment of contaminants contained on the site. The covenant also requires that the Owner of the property give thirty (30) days advance written notice to the DOE of the Owner's intent to convey any interest in the property. No conveyance of title, easement, lease, or other interest in the Property shall be consummated by the Owner without adequate and complete provision for continued monitoring, operation and maintenance of the Remedial Action. Please provide us with a copy of written approval of this binding site improvement plan from the DOE. 3) Easements and maintenance responsibility shall be spelled out for any common utility line, circulation areas, parking areas, and landscaping. 4) Monument shall be installed at each property corner. 5) Number parking stalls, and show on plans the dimensions of parking stalls (length and width), and the width of drive aisles, to verify that drive -aisle widths and parking spaces JR Page 1 of 3 H:\BSIPs\Fostoria Park \Technical Comments Fostoria Park BSIP.doc 01/08/2009 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 -431 -3670 • Fax: 206 - 431 -3665 • • meet the code requirements of chapter 18.56 of the Tukwila Municipal Code (TMC). Please refer to Figure 6 of TMC; 18.56.040 showing Off - Street Parking Area Dimensions. Note that up to 30% of the required parking may be for compact cars. 6) Removed hatched lines shown inside building footprint for better readability. 7) Indicate where the dumpster will be located for Lot 1. 8) The property subject to this application was designated Lot 3 under Tukwila short plat number 79- 26 -SS. Please label new lots Lot A and Lot B, instead of Lot 1 and Lot 2, to better distinguish the proposed subdivision from the lots created through the previous short plat. 9) Include the following under the "General Notes" section on the survey: (1) Reference the previous short plat issued by the City of Tukwila that created Lot 3, the property that is the subject of the current application. (2) Include a note which states that redevelopment of the integrated site or either of the individual parcels will require compliance with codes in place at the time of redevelopment. Include in these notes that the existing perimeter and interior parking lot landscaping, as well as required watercourse buffers, are nonconforming to code. According to the current zoning regulations, landscaping shall be brought into code compliance at such time as a change requiring design review approval is proposed for a use or structure. Redevelopment of areas within sensitive areas and their buffers is currently regulated by TMC Chapter 18.70 (Nonconforming Lots, Structures, and Uses) and Chapter 18.45 (Environmentally Sensitive Areas). Compliance with the currently adopted watercourse buffers and setbacks to these buffers would likely constrain the developable area of this integrated site, or either of the parcels created through approval of this BSIP, at the time of redevelopment. (3) State the purpose of the BSIP, under the "General Notes and Easements" section of the survey page. The purpose statement should include the following language: Purpose: The purpose of this BSIP is to accommodate the division of land for the purpose of sale or lease of property within an Integrated Site (as defined by TMC 18.06.453), which allows certain zoning standards (including but not limited to minimum parking, setbacks, landscaping, lot area, lot dimensions, and sign regulations) on the individual parcels to be modified, provided that the standards of the entire center are met. Zoning standards apply to the integrated site as a whole, not considering interior lot lines. JR Page 2 of 3 01/08/2009 H:1BS1Ps\Fostoria Park\Technical Comments Fostoria Park BSIP.doc Please let me know if you have any questions regarding any of the above comments. Note that this application will expire if no responses to the above technical comments have been received within 90 days; that is, by April 8, 2009. Sincerely, '2''G%1/1", Jaimie Reavis JR Page 3 of 3 01/08/2009 H:\BSIPs \Fostoria Park \Technical Comments Fostoria Park BSIP.doc • City of Tukwila Department of Community Development File Number LO' -- 0 ( 1 LAND USE PERMIT ROUTING FORM TO: X.. Building lanning Public Works 11 Fire Dept. Police Dept. f l Parks /Rec Project: - a Perk- B51 p Comments Address: LILig7 5 13 y `- Rau- Date transmitted: 3/20 /Zot, y Response requested by: 3/Z7 /20v7 Staff coordinator: -Ja,iyhle_ O.avt s Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials as needed.) 7-A/.5 /5 et Yt6-vb »i 111-4-1 - a la GW-e ov✓ (amtn.pj. &r l/(a ve /9 Yl e, T'f P,vMi yth t<y lOrZ,k-6 OL Z to 11 )-79 ft-e_. lyz i0 n4,1 eAr trzr' / Plan check date: Comments Update date: prepared by: City of Tukwila Department of Community Development LAND USE PERMIT ROUTING FORM TO: Building D Planning Public Works *1 Fire Dept. C? Police Dept.; ® Parks/Rec Project: 7' rk- $ 5 / P Address: q L -7 5 a l 3f a u— Date transmitted 3/2o 1. Staff coordinator —.Jc t ! e_ Response requested by: Date response receiVed: 7 zero REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department`s ability to administer its own regulations, and permits. However, project consistency ; at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., l4 required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road Level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials as needed.) -777/.5 /.5 Gc reg-11 Graf — atfaf /tip £ cw' 11.77nm -j. r of pa_ a 11(l 4S yes/0m 61, lever 0 / 1. 111 yes ow/No dVY' f rr .l_e j . / Plan check date: Comments •re•ared b / 1 I date: City of Tukwila Department of Community Development File Number Lc -06i LAND USE PERMIT ROUTING FORM TO: 1❑1 Building El Planning 0 Public Works Fire Dept. ❑I Police Dept. Parks /Rec Project: f ak. -irk- BS / jp Address: 4487 5 iall'h' Rate- Date transmitted: 3 /lo /Z at) `i Response re•uested b : .3 Z Staff coordinator: - JCtimie_ Z cjv't 5 Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However; project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses,, or turning analyses) may be required of the applicant. COMMENTS -� (Attach additional comment sheets and/or support materials as needed.) 77-16 i 5 et 12 X614? t-i/ 1 L. 1— 4 Gf ii GAG/ mrmit I ti7Y/ /T2 til r c f ftry Plan check date: Comments prepared by:_,,E_/1 Update date: City of Tukwila Department of Community Development File Number LO '-061 LAND USE PERMIT ROUTING FORM .7vamnq TO: 0 Building IEI Planning I► I Public Works 10 Fire Dept. 10 Police Dept. 0 Parks /Rec Project: fiectocat 4trk_ BSip Address: L/L -47 5 i 311414" Pia te, Date transmitted: 3 /2_,c) / Z c' Staff coordinator: - Jct,Ynle,. . v, s Response requested by: 3/17 i zov 7 Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials as needed.) 7716 iS et. ces n Yr'Sv1,Tyr , f t-1 - ist f fa C i r,% 1t4/ -f ovr' (G7n/T-. 41Tl 5 aptce 7z Plan check date: ok Comments t prepared by: \Dawes -t2,. s Upd t date: 2,7/09) TO: ❑ • City of Tukwila Department of Community Development File Number LAND USE PERMIT ROUTING FORM Building Planning I ❑) Public Works Fire Dept. Police Dept. Parks /Rec Project: , -o 5 /c p wc 73 i?Clr✓J 5,1--e rY ip&Yevv d at.... Address: LfL/r7 5 13.'02— Place. Date transmitted: i /F f p8' Response requested by: /1 /Z! /o Staff coordinator: a_ ini i . J?a -VAS Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials as needed.) i L L-t-t S -6 C C> w.�es _ .,, L ,,�., � 1 Plan check date: Comments prepared by: W.Fjl Update date: TO: L►� • City of Tukwila Department of Community Development File Number Lc 8-- vc.0 LAND USE PERMIT ROUTING FORM Building 0 Planning f ❑I Public Works 0 Fire Dept. 0 Police Dept. Parks /Rec Project: F05* 4 PCW<< R inctirJ 5I1? ZWr- 6ye'k J Ra-K__ Address: Li-Li S 7 5/ 3 -- Pia ce__ Date transmitted: /1 /7 /0g —E---.V Response requested by: // /z/ /Og Staff coordinator: tea. im ie. Reavis Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and /or support materials as needed.) ReG[S-e YP,Vi Cry) titre/ r?wi La Cc i ,61 /409-/-‘,0-fre e 01,7 Plan check date: Comments // Update date: —E---.V •re•ared b : eV of J uluuiea Dept. Of Community Development AFFIDAVIT OF DISTRIBUTION 1,a-1,11i (VAS HEREBY DECLARE THAT: Notice of Public Hearing Project Name: f-oS -y h 'Pan'k. 7351P Determination of Non - Significance Project Number: L-O - 0 (o / Notice of Public Meeting Mitigated Determination of Non - Significance Mailing requested by: a ice, f Rea,vr S Board of Adjustment Agenda Packet Determination of Significance & Scoping Notice Board of Appeals Agenda Packet Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda )4, Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other: Was mailed to each of the addresses listed/attached on this 2, / day of 11/ Mto btr•V in the year 20 0g Marla 4v 61.f rh,I a 6144 d /xia Dayi5c11 ( 1(&,,i--). ge,d4ries Project Name: f-oS -y h 'Pan'k. 7351P Project Number: L-O - 0 (o / Mailing requested by: a ice, f Rea,vr S Mailer's signature: lLfi1ZL ;, C:IDOCUMENTS AND SETT INGS \TERIS\DESKTOP\AFFJnAVITnJ niTrurnrrrrnm nnr CHEC ST: ENVIRONMENTAL REVIEW /SHORELINE PERRMAILINGS FEDERAL AGENCIES ( ) U.S. ARMY CORPS OF ENGINEERS () FEDERAL HIGHWAY ADMINISTRATION ( ) DEPT OF FISH & WILDLIFE ( ) U.S. ENVIRONMENTAL PROTECTION AGENCY ( ) U.S. DEPT OF H.U.D. () NATIONAL MARINE FISHERIES SERVICE WASHINGTON STATE AGENCIES ( ) OFFICE OF ARCHAEOLOGY ( ) TRANSPORTATION DEPARTMENT () FEDERAL TRANSIT ADMINISTRATION () DEPT NATURAL RESOURCES ( ) OFFICE OF THE GOVERNOR () DEPT OF COMM. TRADE & ECONOMIC DEV KING COUNTY AGENCIES ( ) BOUNDARY REVIEW BOARD ( ) FIRE DISTRICT #11 ( ) FIRE DISTRICT #2 () K.C. WASTEWATER TREATMENT DIVISION () K.C. DEPT OF PARKS &REC 711-K.C. ASSESSORS OFFICE ( ) TUKWILA SCHOOL DISTRICT ( ) TUKWILA LIBRARY ( ) RENTON LIBRARY () KENT LIBRARY ( ) CITY OF SEATTLE LIBRARY ( ) QWEST ( ) SEATTLE CITY LIGHT ( ) PUGET SOUND ENERGY ( ) HIGHLINE WATER DISTRICT ( ) SEATTLE WATER DEPARTMENT ( ) AT &T CABLE SERVICES () KENT PLANNING DEPT ( ) TUKWILA CITY DEPARTMENTS: ( ) PUBLIC WORKS ( ) FIRE ( ) POLICE ( ) FINANCE ( ) PLANNING ( ) BUILDING ( ) PARKS & REC. () MAYOR ( ) CITY CLERK SCHOOLS /LIBRARIES UTILITIES CITY AGENCIES ( ) DEPT OF FISHERIES & WILDLIFE ( ) DEPT OF SOCIAL & HEALTH SERV. ( ) DEPT OF ECOLOGY, SHORELAND DIV ( ) DEPT OF ECOLOGY, SEPA DIVISION' ( ) OFFICE OF ATTORNEY GENERAL * SEND CHKLIST W/ DETERMINATIONS * SEND SITE MAPS WITH DECISION ( ) HEALTH DEPT () PORT OF SEATTLE ( ) K.C. DEV & ENVIR SERVICES -SEPA INFO CNTR () K.C. TRANSIT DIVISION - SEPA OFFICIAL K.C. LAND & WATER RESOURCES .FOSTER LIBRARY ( ) K C PUBLIC LIBRARY ( ) HIGHLINE SCHOOL DISTRICT ( ) SEATTLE SCHOOL DISTRICT () RENTON SCHOOL DISTRICT ( ) OLYMPIC PIPELINE 54VAL -VUE SEWER DISTRICT ( ) WATER DISTRICT #20 $ WATER DISTRICT #125 ( ) CITY OF RENTON PUBLIC WORKS ( ) BRYN MAWR - LAKERIDGE SEWER/WATER DISTRICT ( ) RENTON PLANNING DEPT ( ) CITY OF SEA -TAC ( ) CITY OF BURIEN ( ) TUKWILA PLANNING COMMISSION MEMBERS ( ) TUKWILA CITY COUNCIL MEMBERS ( ) CITY OF SEATTLE - SEPA INFO CENTER - DCLU ( ) STRATEGIC PLANNING OFFICE* * NOTICE OF ALL SEATTLE RELATED PLNG PROJ. OTHER LOCAL AGENCIES ( ) PUGET SOUND REGIONAL COUNCIL ( ) SW K C CHAMBER OF COMMERCE ( ) MUCKLESHOOT INDIAN TRIBE ( ) CULTURAL RESOURCES PROGRAM ( ) FISHERIES PROGRAM ( ) WILDLIFE PROGRAM MEDIA ( ) SEATTLE TIMES ( ) SOUTH COUNTY JOURNAL P:\PLANNING\PLANNING FORMS MAILING CHKLIST.DOC ( ) DUWAMISH INDIAN TRIBE ( ) P.S. AIR POLLUTION CLEAN AGENCY ( ) SOUND TRANSIT ( ) DUWAMISH RIVER CLEAN -UP COALITION 'SEND NOTICE OF ALL APPLICATIONS ON DUWAMISH RIVER ( ) HIGHLINE TIMES ( ) CI.TUKWILA.WA.US.WWW . • PUBLIC NOTICE MAILINGS FOR PERMITS SEPA MAILINGS Mail to: (comment period starts on date of mailing) Dept. of Ecology Environmental Review Section *Applicant *Other agencies as necessary (checked off on attached list) *Any parties of record * send only the staff report, site plan and the SEPA Determination KC Transit Division — SEPA Official would like to receive information about all projects that might affect transit demand Send These Documents to DOE: SEPA Determination (3 -part from Sierra) Findings (staff report, usu. with MDNS) SEPA Checklist (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) Affidavit of Distribution (notice was mailed or sent to newspaper) SHORELINE MAILINGS: Notice of Application for a Substantial Development Permit must be mailed to owners and to property owners within 500 feet of subject property, comments are due 30 days after the notice of application is mailed/posted. The notice of Application for Shoreline Substantial Development Permit must include a statement that any person desiring to submit written comments on the application or desiring to receive notification of the final decision on the application may do so within 30 days of the notice of application. If a hearing will be held on the application, the hearing notice must include the information that written comments may be submitted, or oral presentation made at the hearing. Shoreline Permit Notice of Decision: Mail to: (within 8 days of decision; 21 -day appeal period begins date received by DOE) Department of Ecology Shorelands Section State Attorney General *Applicant *Indian Tribes *Other agencies as necessary (checked off on attached list). *Any parties of record * send only the staff report, site plan and the SEPA Determination Send These Documents to DOE and Attorney General: Permit Data Sheet Shoreline Substantial Development Permit (3 -part from Sierra) Findings (staff report or memo) Shoreline Permit Application Form (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) - Site plan, with mean high water mark & improvements — Cross- sections of site with structures & shoreline - Grading Plan — Vicinity map SEPA determination (3 -part from Sierra) Findings (staff report or memo) SEPA Checklist (filled out by applicant) Any background studies related to impacts on shoreline Notice of Application Affidavit of Distribution (notice was mailed) P:\PLANNING\PLANNING FORMS IMAILING CHKLIST.DOC CITY OF TUKWILA NOTICE OF APPLICATION PROJECT INFORMATION Alexia Dorsch of Barghausen Consulting Engineers, Inc., on behalf of property owner Fostoria Park Associates LLC, has filed an application for a binding site improvement plan (BSIP) for the property located at 4487 S 134th Place. The project site currently has two buildings on it. Approval of a BSIP for this site would accommodate division of the land into two lots, with one building on each lot. With approval of the BSIP, the two lots would still share certain zoning standards (minimum parking, setbacks, landscaping, and signage) as an integrated site. Projects applied for include: L08 -061 (Binding Site Improvement Plan) Other known required permits include: None known. Studies required with the applications include: Landscape planting plan and parking count to show how the site meets zoning standards. This project is exempt from the State Environmental Policy Act under WAC 197 -11 -800. FILES AVAILABLE FOR PUBLIC REVIEW The application is available for review at the City of Tukwila, Department of Community Development (DCD), located at 6300 Southcenter Blvd #100. OPPORTUNITY FOR PUBLIC COMMENT Your written comments on the project are requested. They must be delivered to DCD at the address above or postmarked no later than 5:00 P.M., Friday, December 5, 2008. APPEALS You may request a copy of any decision, information on hearings, and your appeal rights by calling DCD at (206) 431 -3670. For further information on this proposal, contact jaimie Reavis at (206) 431 -3659, jreavis@ci.tukwila.wa.us or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. IR H: \ BSIPs\ Fostoria Park\ NOA - Fostoria Park BSIP.DOC 11/21/2008 10:05 AM VICINITY MAP BOALBS 1•640• man 1c6 TO BC SIT UM Or DOS MOW WE 21aounm+r NAx / BINDING SITE IMPROVEMENT PLAN 4 'hp 6.2r1\ 1a 162 =SIfa �C� i}3...,. AEI OS 11210 A 3771111 2.4681' 21 =Mt E07 1110300 04? "44. 57703161 104•32. 1. - 1° — 648110530 041.73 �(4lmxwml® Ott UAW tosser cr Mfg* S b m2 MG 116 1/1010131 RP I= 113,313 (011(4111 262000. m miaow IMMO / 111° 1041/1 Ft 1n 1111 ) 04111 10160 x1112210 1Gn11211om 01060624 /122W-626126.1.621. 002122 61110.11 Q110TM.r cxmxrxMILX2eng 1010/ le, 18215 72149 AVENUE SOUTH RENT, WA 98922 (425)251 -8222 (425)251 -8782 FAX CNL ENCINEER010, 0011 P3A3051 SURVE1910. E71V010110ITO. SEANCES 1 NOM 1. 11 22117 =MO= ACCfm A2 UIUI1 EASa1F0R 2004 11 Alien IOT5 I 2112001 122 011100 Al FART 0? 108 BINDING SITE IMPROVEMENT PLAN A PORTION OF THE SW 114 OF NE 114, SEC. 15, T 23N, R4E, W.M. TUKWILA, WA BON 1'549' 30010.1111103 13349 2 1, 2 November 7, 2008 Ms. Alexia D. Dorsch 18215 72 "d Ave South Kent, WA 98032 • City of Tukwila • Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF COMPLETE APPLICATION Subject: L08 -061, Fostoria Park Binding Site Improvement Plan (BSIP) PRE07 -055 (pre- application meeting) Dear Ms. Dorsch: Your application for a binding site improvement plan is considered complete on November 7, 2008 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permits identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. Please feel free to call me at (206) 431 -3659 with any questions. Sincerely, Jaimie Reavis Assistant Planner cc. L08 -061 JR Page l of l H:\BSIPs\Fostoria Park \Complete_Fostoria Park BSIP.doc 11/07/2008 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 -431 -3670 • Fax: 206 - 431 -3665 • • PARKING CALCULATION Fostoria Industrial Park Binding Site Improvement Plan 4487 South 134th Place Tukwila, Washington April 4, 2008 Revised October 8, 2008 Our Job No. 13349 • East Building/ Building D 4453 South 134th Place Building Use: Warehouse West Building / Building E 4443 South 134th Place Building Use: Warehouse Tenant and Area Seattle Bagel Bakery: 8,95 0 SF (inc. 2,050 SF office) Qwest Corporation: 2d `�� 196 SF (41 OCS NW Courier Service, LLC: 3S 35— 4,750 SF (inc. 1,215 office) Green House and Garden: 2 at, c:, 2,700 SF (inc. 730 SF office) Marshall Tool and Supply, Inc.: 30ekD 4 700 SF (inc. 1,750 SF office) Tenant and Area Sea -Tac Lighting & Controls: �� 14,713 SF (inc. 5,216 office) ) "' Alaska Air Forwarding: ii .;(.4 Z 15,558 SF (inc. 4,216 SF office) , ' .._ mac? Total Area: 21,346 SF Total Area: 30,271 SF Use: Warehouse (15,601 SF) and Office (5,745 SF) Use: Warehouse (20,839 SF) and Office (9,432 SF) Existing Parking: 50 Stalls Existing Parking: 48 Stalls Required Parking: 25 Stalls Warehouse: 1 stall per 2,000 SF of usable floor area* Office: 3 stalls per 1,000 of usable floor area* Required Parking: 39 Stalls Warehouse: 1 stall per 2,000 SF of usable floor area* Office: 3 stalls per 1,000 of usable floor area* * Tukwila Municipal Code Figure 18 -7 (Warehouse and Office Use) 3349.002.doc AC AD As CHICAGO TITLE, INSURANCE COMPANY 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 PHONE: (206)628 -5610 FAX: (206)628 -9717 ORDER NO: 001267003 YOUR NO: FOSTORIA PARK ASSOCIATES LLC UNIT NO: 06 LOAN NO: SUPPLEMENTAL COMMITMENT O R D E R R E F E R E N C E I N F O R M A T I O N SUPPLEMENTAL NUMBER: SELLER: PURCHASER /BORROWER: PROPERTY ADDRESS: 1 FOSTORIA PARK ASSOCIATES, L.L.C. WASHINGTON Our Title Commitment dated 05/20/08 at 8:00 A.M. is supplemented as follows: THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE MAY 20, 2008. SEPTEMBER 24, 2008 AUTHORIZED BY: MIKE HARRIS AF NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL COMMITMENT: BARGHAUSEN CONSULTING ENGINEERS, INC. ALEXIA DORSCH 1/1 FOSTORIA PARK ASSOCIATES, L.L.C. BOB LEVINSON 1/1 SUPPLCOM /RDA /0999 3400 COLUMBIA CENTER, 701 STH AVE SEATTLE, WA 98104 Order No.: 1267003 SHORT PLAT CERTIFICATE Certificate for Filing Proposed Short Plat In the matter of the short plat submitted for your approval, this Company has examined the records of the CountyAuditor and County Clerk of KING County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said KING County, to -wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: FOSTORIA PARK ASSOCIATES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200.00 TAX: $ 18.00 Records examined to May 20 , 2008 By at 8:00 A.M. CHICAGO TITLE INSURANCE COMPANY DAR Title 0 icer (206).28 -5610 SHPLATA /12590 /HK CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 Order No.: 001267003 PROPERTY ADDRESS: WASHINGTON Your No.: FOSTORIA PARK ASSOCIATES LLC BARGHAUSEN CONSULTING ENGINEERS, INC. 18215 72ND AVENUE SOUTH KENT, WASHINGTON 98032 ATTN: CHARLES CAMP 1/1 Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. TITLE UNIT 6 TELEPHONE: (206) 628 -5610 FAX: (206) 628 -9717 TOLL FREE: (800) 627 -0530 DARYL SAVIDIS DAVID P. CAMPBELL KEITH EISENBREY MELANIE MINOR SENIOR TITLE OFFICER AND UNIT MANAGER (E -MAIL DARYLSAVIDIS@er 1,COM) SENIOR TITLE OFFICER (E -MAIL: DAVID.CAMPBELIJ CTT.COM) TITLE OFFICER (E- MAIL: KEITmLEISENBREYQa CTT.COM) TITLE OFFICER (E-MAIL: MELANIE.MINORQCTT.COM) "'SALES TAX INCREASE ALERT"' PLEASE NOTE THAT THE SALES TAX FOR KING COUNTY, WASHINGTON WILL BE INCREASING TO 9.0% EFFECTIVE APRIL 1, 2008. .1l..HUlL 111LL 11N Ulifi1VL.0 L.LJIVIY/-UN Order No.: 1267003 SHORT PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION LOT 3, CITY OF TUKWILA SHORT PLAT NUMBER 79- 26 -SS, RECORDED UNDER RECORDING NUMBER 8004240503, IN KING COUNTY, WASHINGTON, AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 8210010841 AND 8607100861; BEING A PORTION OF TRACTS 16 AND 17, FOSTORIA GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 9, OF PLATS, PAGE 95, IN KING COUNTY, WASHINGTON. CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY Order No.: 1267003 SHORT PLAT CERTIFICATE SCHEDULE B This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. 1. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). SHPIATB /037694 /soc CHICAGO TITLE INSURANCE COMPANY 1LAUU 111 LE INN KANUt UL MYAN' SHORT PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1267003 EXCEPTIONS A ✓1. EASEMENT PROVISIONS DISCLOSED BY INSTRUMENT AND THE TERMS AND CONDITIONS THEREOF: B IN FAVOR OF: PURPOSE: AFFECTS: RECORDED: RECORDING NUMBER: ADJOINING OWNERS ROADWAY AND UTILITY NORTHWESTERLY PORTION OF SAID PREMISES AND OTHER PROPERTY MAY 14, 1974 7405140498, AND OTHER INSTRUMENTS OF RECORD NOTE: SAID EASEMENT IS ALSO DELINEATED AND /OR DEDICATED ON THE FACE OF THE SHORT PLAT. c ✓2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: D RESERVED BY: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: TED GUSA, WHO IS GUSA AND MARY A. UTILITIES EASTERLY PORTION OTHER PROPERTY JANUARY 4, 1978 RZ 8'0;104,043 >1' IDENTICAL WITH TED E. GUSA, HUSBAND AND WIFE OF SAID PREMISES AND THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED. . COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON CITY OF TUKWILA SHORT PLAT NUMBER 79- 26 -SS, RECORDED UNDER RECORDING NUMBER 8004240503. AB SAID SHORT PLAT HAS BEEN AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 8210010841 AND 8607100861 P V4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: CITY OF SEATTLE AND PACIFIC NORTHWEST BELL TELEPHONE COMPANY ELECTRIC UNDERGROUND TRANSMISSION AND DISTRIBUTION FACILITIES, INCLUDING COMMUNICATION WIRES PORTIONS OF SAID PREMISES AND OTHER PROPERTY CHICAGO ITfLE INSURANCE COMPANY c H 75 RECORDED: RECORDING NUMBER: UCAUU'H'I'LL' INSURANCE COMAAN' Order No.: 1267003 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS SEPTEMBER 12, 1986 " r SAID EASEMENT IS A RE- RECORDING OF EASEMENT RECORDED UNDER RECORDING NUMBER 8101300412. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: CITY OF TUKWILA STORM DRAIN MANHOLE AND ASSOCIATED REINFORCED CONCRETE PIPE NORTHERLY PORTION OF SAID PREMISES AUGUST 26, 1992 920826711861 s ' 6. RESTRICTIVE COVENANT REGARDING REMEDIAL ACTION, INCLUDING THE TERMS AND PROVISIONS THEREOF: J • V RECORDED: RECORDING NUMBER: FEBRUARY 19, 1999 9902191086 - Do r r E_ r 1. 'J 0. Pl.. 7. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: AND: RECORDED: RECORDING NUMBER: REGARDING: 8. AGREEMENT AND THE TERMS BETWEEN: AND: RECORDED: RECORDING NUMBER: REGARDING: CITY OF TUKWILA FOSTORIA PARK ASSOCIATES FEBRUARY 25, 1981 (%lt 8102250434 h ��P G•..�T a DEVELOPMENT OF SAID PREMISES AND OTHER PROPERTY AND CONDITIONS THEREOF: C ,LAD MICLEES AND DONNA R. MCLEES FOSTORIA PARK ASSOCIATES AND POE CONSTRUCTION, INC. OCTOBER 1, 1982 8210010841 _ 091 BOUNDARY SETTLEMENT 9. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CITY OF TUKWILA SH P1ATB3 / 12- 12 -90/ EK CHICAGO ITILE INSURANCE COMPANY •11,AliU 11 ILL INSURANCE UOMPAN` Order No.: 1267003 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) AND: RECORDED: RECORDING NUMBER: REGARDING: EXCEPTIONS ROBERT E. STORSETH SEPTEMBER 11, 1986 d 4/111fik . � "� o� i SIDEWALK MPROVEMENTS 10. AGREEMENT FOR EASEMENT, AND THE TERMS AND CONDITIONS THEREOF: /tip ' r '/ i iv°.. BETWEEN: FOSTORIA PARK ASSOCIATES AND: FOSTORIA ASSOCIATES RECORDED: JUNE 14, 1988 RECORDING NUMBER: !8' +86+44'UC$2 PURPOSE: INGRESS, EGRESS, LOADING AND UNLOADING L ,J/ll. RELINQUISHMENT OF ACCESS TO STATE HIGHWAY NUMBER 1 AND OF LIGHT, VIEW AND AIR BY DEED TO THE STATE OF WASHINGTON: RECORDED: APRIL 10, 1964 RECORDING NUMBER: 5721g2i lr AFFECTS: PORTION OF SAID PREMISES 112. RELINQUISHMENT OF ACCESS TO STATE HIGHWAY NUMBER 1 AND OF LIGHT, VIEW AND AIR BY DEED TO THE STATE OF WASHINGTON: RECORDED: APRIL 13, 1964 RECORDING NUMBER: 5722344 OmmomED AFFECTS: PORTION OF SAID PREMISES 13. MATTERS DISCLOSED BY SURVEY BY BUSH, ROED & HITCHINGS, INC. DATED JUNE 4, 2004, REVISED JUNE 23, 2004, JOB NO. 2004094.00, AS FOLLOWS: 4 A) PARKING SPACES STRADDLE THE SOUTHWESTERLY PROPERTY LINE WITHOUT APPARENT BENEFIT OF RECORDED EASEMENT. WE ARE UNABLE TO DETERMINE TO WHICH PROPERTY THESE PARKING SPACES ARE APPURTENANT. B) WESTERLY PORTION OF EXISTING BUILDING ENCROACHES UPON 30' ROADWAY AND UTILITY EASEMENT SHOWN AS EXCEPTION 1 HEREIN. SD PIATB3 /12- 12 -90/ EK CHICAGO TITLE INSURANCE COMPANY `IUAUU TITLE INSURANUE COMFAN` Order No.: 1267003 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS 14. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2008 TAX ACCOUNT NUMBER: 261320- 0086 -08 LEVY CODE: 2400 ASSESSED VALUE -LAND: $ 1,677,900.00 ASSESSED VALUE- IMPROVEMENTS: $ 2,856,300.00 GENERAL & SPECIAL TAXES: BILLED: $ 53,233.75 PAID: $ 26,616.88 UNPAID: $ 26,616.87 15. DEED OF TRUST AND SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT WITH ASSIGNMENT OF LEASES AND RENTS, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: FOSTORIA PARK ASSOCIATES, L.L.C. TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: IDS LIFE INSURANCE COMPANY AMOUNT: SEE INSTRUMENT DATED: JULY 21, 2004 RECORDED: JULY 21, 2004 RECORDING NUMBER: 20040721001426 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. flORtf�. Q 16. ASSIGNMENT OF RENTS AND /OR LEASES AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: ASSIGNEE: DATED: RECORDED: RECORDING NUMBER: FOSTORIA PARK ASSOCIATES, L.L.C. IDS LIFE INSURANC$ COMPANY JULY 21, 2004 JULY 21, 2004 20040721001427 • 17. TERMS AND CONDITIONS OF THE LIMITED LIABILITY COMPANY AGREEMENT FOR FOSTORIA PARK ASSOCIATES, L.L.C. • 18. THE LEGAL DESCRIPTION IN THIS CERTIFICATE IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS. THE PARTIES SHPIATS3/ 12- 12 -90 /EK CHICAGO TITLE INSURANCE COMPANY I AUU 1r1Lr INS UKANUb UUMIAN' Order No.: 1267003 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS RECEIVING THIS CERTIFICATE MUST NOTIFY THE TITLE INSURANCE COMPANY IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. NOTE 1: EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50.00 SURCHARGE. FOR DETAILS OF THESE STATEWIDE REQUIREMENTS PLEASE VISIT THE KING COUNTY RECORDER'S OFFICE WEBSITE AT WWW.METROKC.GOV /RECELEC /RECORDS AND SELECT ONLINE FORMS AND DOCUMENT STANDARDS. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: LOT 3 SP 8004240503 END OF SCHEDULE B SI I PIA'IB3 / 12- 12-90/EK CHICAGO TITLE INSURANCE COMPANY `11;AGO TITLE INSURANCE COMPAN' SHORT PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1267003 EXCEPTIONS AA THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS CERTIFICATE: BARGHAUSEN CONSULTING ENGINEERS, INC. 18215 72ND AVENUE SOUTH KENT, WA 98032 ATTN: CHARLES CAMP FOSTORIA PARK ASSOCIATES, L.L.C. P.O_ BOX 1252 FRIDAY HARBOR, WA 98250 ATTN:BOB LEVINSON SHPIATB3 /12-1290/EK CHICAGO 7171,E INSURANCE COMPANY CHICAGO TITLx, INSURANCE COMPANY 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 PHONE: (206)628 -5610 FAX: (206)628 -9717 IMPORTANT: This is not a 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. ,tr o _ _ ' ',''''V w' 4 n: L•S?:4.; 309.- GD 107. 03 OZ • OZ ... i _ 627.28 ) - .i.f�. .� . . �, VAC SQUIRE ST .,f v ]50'.20 T": �MTHACT tl•S 9 S -seal a tc z a ti £OS0bZb009 0 0 OE i OE -4 cn I4 90 I 9902191085 AFTER RECORDING RETURN TO: Henry Skidmore 1611 116th N.B. Bellevue, NA 98004 • STATUTORY WARRANTY DEED The grantor, Robert Levinson, as his separate estate, for good and valuable consideration, receipt of which is hereby acknowledged, hereby, conveys and warrants to FOSTORIA PARK ASSOCIATES, L.L.C., all of his right, title and interest, in and to that certain real property in Ring County, Washington legally described on the attached Exhibit A, which description is incorporated herein by this reference. Date: Pebruary 10, 1999 Robert B. Levinson, as his separate estate STATE OF WASHINGTON ) ) se. County of RING ) On this day personally appeared before me Robert 8. Levinson to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. SUBSCRIBED AND SWORN TO before me this day of February, 1999. NOTARY L/S and for the 8 �e of Wash on, residing at Ny Commission Expires L, -1t 4.7'1 ...•, Y Y /•iii flbhRllb? !Ir/114/99 • .00 .00 .00 .00 8 8 8 a 3 9902191085 LOT 7, CITY OF TUKWILA SHORT PLAT NUMBER 79-26 -SS, RECORDED UNDER RECORDING NUMBER 8004240503, IN KING COUNTY, WASHINGTON, AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 8210010841 AND 8607100861; BEING A PORTION OF TRACTS 16 AND 17, FOSTORIA GARDEN TRACTS, ACCORDING TO THL PLAT THEREOF, RECORDED IN VOLUME 9, OF PLATS, PAGE 95, IN KING COUNTY, WASHINGTON. SHORT PLAT NO, e9' 2"4- ss TUKWILA, WASHINGTON This space reserved for recorder's use APPROVAL Reviewad and approved by the Short Subdivision Committee and herly certified for filing t::is S=am dai• of AMU- 60. ar Recording Number Filed for record at the request of: Name Return to: Planning Division Office of Community Development 6230 Southcenter Boulevard Tukwila,. Washington 98188 Cp42 D rrn an, llhor b'division Committee APE RfCOi :TS R ; i ■;11..'1VS LEGAL DESCRIPTION dV SEE ATTACHMENT DEPARTMENT OF ASSESSMENTS I:XAAtINED AND APPROVED TNIS •.-� /T_ Day of N'Pg../L , 19 �fO 1/414- �l - (111, PPE ASSESSOR 1 DEPUTY ASSESSOR sheet 1 of 7 fostoria park associates robert stoseth men by these presents that-we, the undersigned, owner(s) in fee ,ple and contract purchaser(s) of the and herein described dc hereby make a short subdivision thereof pursuant to RCW 58,17.060 and acknowledge that said short subdivision shall not be further divided in any manner within a period of five years, from date of record, without the filing of a final plat. The unders!gned further declare this short plat to be the graphic representation of said short subdivision and that same is made with the free consent and in accordance with the desire of the owner(s). On this day personally appeared before me me known to be the individual described in and who.qxecuted the with- and foregoing instrument, and acknowledged that signed the e as PfS free and voluntary act and deed, for the uspoAd,Aur- therein mentioned. under my hand and official 77,40- Notary Public in and for the State of,W;phingtais, residing at sferizi. ...... On this day personally appeared before to me known to be the individual described in and who executed the with- in and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and pur- poses therein mentioned. GIVEN under my hand and official seal this Notary Public in and for the State of Washington, residing at LEGAL OESCUIPTION Tracts 16 and 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington, except portion of Tract 16 conveyed to the State of Washington by deed recorded under Auditor's File No. 5721821 and except portion of Lot 17 conveyed to King County for road purposes by deed recorded under Auditor's File No. 1006280; and except portion conveyed to State of Washington for Primary State Highway O No. 1 by deed recorded under Auditor's File No. 5712570. o More particularly described as follows: N Those portions of Lots 16 and 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington, CD more particularly described as follows: caD BEGINNING at the Southwest corner of said Lot 16; THENCE S 45 °44'45" E, 172.63 feet along the Northeasterly margin of So. 135th Street; THENCE S 66 °16'10" E, 104.10 feet along said margin of S. 135th Street; THENCE N 41 °44'57" E, 827.31 feet along said Southeasterly line of Lot 16 to the Northeasterly corner of said Lot 16; THENCE N 48 °15'03" W, 61.40 feet along the Northeasterly line of said Lot 16; THENCE S 41 °44'57" W, 19.50 feet; THENCE Northwesterly 68.65 feet along the arc of a curve to the right, having a radius of 185.80 feet, the radius point of which bears N 41 °44'57" E, through a central angle of 21 °10'15 "; THENCE N 27 °04'48" W, 19.26 feet to the Northeasterly line of said Lot 16; THENCE N 48 °15'03" W, 125.00 feet along said Northeasterly line of Lot 16 to the corner common to Lots 16 and 17; THENCE continuing N 48 °15'03" W, 115.97 feet along the Northeasterly line of Lot 17; THENCE S 89 °57'57" W, 208.18 feet along the Southerly margin of Relocated So. 133rd Street to the Northwesterly line of Lot 17; THENCE S 41 °44'57" W, 521.00 feet along said Northwesterly line of Lot 17 to the Northerly margin of S. 135th Street; THENCE S 29 °18'21" E, 91.43 feet along said Northeasterly margin of S. 135th Street; THENCE S 05 °51'32" W, 196.92 feet along the Easterly margin of said S. 135th Street; THENCE S 45 °44'45" E, 69.35 feet along the Northeasterly margin of said S. 135th Street to the POINT OF BEGINNING. Subject to easements as contained in deeds recorded under Auditor's File No. 7405140498, 5164175 and 7801040431. Short Plat No. 1$F- 79 -26 -SS Sheet 3 of / ?' Thet portion of Tracts 16 and 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County. Washington, except portion of Tract 16 conveyed to the State of Washington by deed recorded under Auditor's File No. 5721821 and except portion at Lot 17 conveyed to Kin County for road purposes by deed recorded under Auditor's File No. 1006280; and except portion conveyed to State of Washington for Primary State Highway No. 1 by deed recorded under Auditor's -File No. 5712570. More particularly described as follows: Those portions of Lots 16 and 17, Fostoria Gardens Tracs., according to the plat recorded in Volume 9 of Plats, PLge 95, in King County, Washington, more particularly described as follows: BEGINNING at the Southwest corner of said Lot 16; THENCE S 45°44'45" E, 172.63 feet along the of S. 135th Street; 583.31 feet along said Southeasterly line of THENCE N 48°30'00" W, THENCE N 73°15'00" W, THENCE S 52°30'0O' W, 382.06 feet to margin of S. 135th Street; THENCE S 05°51'32" W, 144.94 feet along said Northeasterly margin of said S. 135th Street; THENCE S 45°44'45" E, 69.35 feet along the Northeasterly margin of said S. 135th Street to the POINT OF BEGINNING; Containing 5.01 acres, more or less. Subject to easements as contained in deeds recorded under AuditOr's File No. 7405140498, 5164175 and 7801040431. That portion of Tract 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington, except portion of Tract 17 conveyed to King County for road purposes by deed recorded under Auditor's File No. 1006280; and except portion conveyed to State of Washington for Primary State Highway No. 1 by deed recorded under Auditor's File No. 5712570. More particularly described as follows: That portion of Lot 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington, more particularly described as follows: BEGINNING at the Southwest corner of said Lot 17; THENCE S 29°1821" E, of S. 135th Street; THENCE N 52°30'00" E, 382.06 feet; THENCE S 73°15'00" E, 73.70 feet; THENCE N 41°44'57" E, 55.17 feet; THENCE N 57°47'13" W, 256.75 feet to a point on the Westerly said Lot 17; THENCE S 41°44'57" W, 346.50 feet along said Westerly line to POINT OF BEGINNING; Containing 1.54 acres, more or less, Subject to easements as recorded under Auditor's File Numbers 7405140498, 5164175, and 7801040431. ..„, LEGAL DESCRIPTION - LOT 3 That portion of Tracts 16 and 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington, except portion of Tract 16 conveyed to the,State of Washington by deed recorded under Auditor's File No. 5721821 And except portion at Lot 17 conveyer.; to King County for road purposes by deed recorded under Auditor's File No. 1006280; and except portion conveyed to State of Washington for Primary State Highway No. 1 by deed recorded under Auditor's File No. 5712570. More particularly described as follows: Those portions of Lots 16 and 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington, more particularly described as follows: BEGINNING at the Northeast corner of said Lot 16; THENCE N 48°15'03" W, 61.40 feet along the Northeasterly line of said Lot 16; THENCE S 41°44'57" W, 19.50 feet; THENCE Northwesterly 68.65 feet along the arc of a curve to the right, having a radius of 185.80 feet, the radius point of which bears N 41°44'57" E, through a central angle of 21°10'15"; THENCE N 27°04'48" W, 19.26 feet to the Northeasterly line of said Lot 16; THENCE N 48°15'03" W, 125.00 feet along said Northeasterly line of Lot 16 to the corner common to Lots 16 and 17; THENCE continuing N 48°15'03" W, 115.97 feet along the Northeasterly line of Lot 17; THENCE S 89°57'57" W, 208.18 feet along the Southerly margin of Relocated S. 133rd Street to the Northwesterly line of Lot 17; THENCE S 41°44'57" W, 174.50 feet along said Northwesterly line of Lot 17; THENCE S 57°47'13" E, 256.75 feet; THENCE S 41°44'57" W, 55.17 feet; THENCE S 73°15'00" E, 192.50 feet; THENCE S 48°30'00" E, 115.00 feet to a point on the Easterly line of said Lot 16; THENCE N 41°44'57" E, 244.00 feet along said Easterly line to the POINT OF BEGINNING. Containing 3.21 acres, more or less. Subject to easements as contained in deeds recorded under Auditor's File No. 7405140498, 5164175 and 7801040431. Short Plat No. MF 79-26-SS Sheet 6 of 7 tre-orie4xxMkt SEE RECORD OF SURVEY /N VOL., /3, PG. 223, KING COUNTY, WA, LEGEND O S/B "Rebor jeep Z.S. Ael566 1,Set for Retard of Survey Jet a /e"Rebat 1cep [.a #/5650 This short plat correctly represents a survey, made by me or under my direction in conformance with the requirements of appropriate state statute and has been properly staked in accordance with the Tukwila Subdivision Code. , Washington, being first duly sworn, That he is the contract owner and h;a the authority and permission to sign the proposed short plat to be filed in the City of Tukwila on behalf of the title owners of Lots 16 and 17 of Fostoria Gardens Tracts, as recorded in Volume 9 of Plats, Page 95, in King County, Washington. Subscribed and.eworn before me this err day of 4'&'6t/S 1979, by the said FACTVV ZBEt'r ¢ sTers -,E who is personally known bi me, and who then acknowledged that (- signed the saline as %J /5 free and voluntary act and deed, for_the.. uses and purposes therein mentioned, (.?",-'--•--0, •• " 'A' NOTARY PUBLIC in and for the. State Washington, residing at 11002 5 ' SETTLEMENT agreement 8210010841 82/10101 This Settlement Agreement ("Agreement ") is entered Into as of tho above date between GERALD MCLEES and DONNA MCLEES ( "Melees ")• C) FOSTORIA PAPk ASSOCIATES, a Washington general partnership ( "Associates "), 0 and POE CONSTRUCTION, INC., a Washington corporation ( "Poe "). RECITALS A. McLees clnmenced a lawsuit against Associates and Poe under King County Cause No. 81- 2- "408 -0 ( "Actlo.i ") to establish the location of the boundary line between property owned by McLees, which is legally described In attached Exhibit A ( "&Lees' Property ") and pro- perty owned )y Associates, which Is legally described In attached Exhibit B ("Associate.' Property "), and to recover damages from Poe and Associates caused by the removal of the lateral support from McLees' Property and the cc of removing debris and unsuitable material deposited by Poe and Associates on Mc Lees' Property. Poe answered McLees' Complaint and crossclaimed against Associates for Indemnity. Associates answered McLees' Complaint and counterclaimed against I"cLees for trespass and damages from earth falling from Melees' Property onto Associates' Property. B. McLees, Associates, and Poe wish to settle all of the claims, counterclaims, and crossclaims asserted In the Action on the FILDD for Record at Request ott_ Name . ,,� /?/ Address.. �. /f i E.CORD9.l H1; '• t ; ki 1 3 o PH' / ;;;!'''ION Or• iL RECMO` � CfON S KING r: ^UNi. terms and conditions set forth In this Ao cement. AGREEMENTS 1. The common bounia.y line between Melees' Property and Associates' Property Is `•ho boundary line ns at forth In the survey oertormed by Lund b Associates bearing King County Recording No. 7808119004 (the "Lund Survey ") and title to McLees' Property and Associates' Property Is quieted" in accordance therewith. The Lund Survey Is the controlling survey as between It and the survey bearing King County Recording No. 78071290003. 2. Cash Payment. Concurrent with the execution of this Agreement, Poe shall pay to Melees the sum of Two Thousand Five hundred and No /100 (52,500.00) Dollars and Associates shall pay to McLeas the sun of Five,Thousand and No /100 (55,000.00) Dollars. 3. Stipulated Judgment and Deed. Melees, Poe, and Associates, and their respective attorneys, shall approve entry of a Stipulated Judgment In the form attached as Exhibit C. Associates shall execute a Quit Claim Deed In favor of Melees In the form attached as Exhibit D. Hold Harmless. Associates grants to Melees the,right +o. 'enter Associates' Property for the purpose of performing any and all grading, cuts, or other work necessary to the lowering of the grade of Melees' Property or the construction of a retaining wall along the common boundary line between Mclees' Property and Associates' Property. Associates shall hold Melees harmless from any damage to Associates' -2- -; • land caused during such grading or construction grading or construction shall be completed within a reasonable time following commencement of sale work, provided, however, that upon completion of any grading or con- _struction by Melees, McLean shall leave Associates, :nnd in as good or better condition as It was In prior to commencement of the grading or construction. 5. Succssurs. The benefits and obligations of the parties to thii Agreement shall inure to the benefit of and be binding upon .:,••", their heirs, representatives, successors, assigns and agents. MCLEES: ASSOCIATES Fostoria Park ssoclates By POE RALD R. CL ES Poe By DON R M ES es,A_ tot_ -3- • • • • " ' . . ''' • . EXHIBIT A Parcel "A" - The southea,:terly 92.25 feet in width. Tract 15, except the northeasterly 2/2.13 feet in width' thereof, of Fostoria Garden Tract, according to t.e plat. recorded in Volume 9 of Plats, page 15, In King County, '-- Washington. . • Parcel "B" - The northwesterly 52.75 feet of the south- eaaterly,145 feet of Tract 15, except the northeasterly . • 202A.21bet therefrom, of Fostoria Garden Tracts, according fC4hei'Flat recorded in Volume 9 of Plats, age C6t,' Washington. • Parcel."C"_- The northwesterly 127:25 feet in width of,)!:: Tract 15, except the southeasterly 30 feet in width of.the •:.:fiCithiaiterly 282.12 feet thereof, of Fo3toria Garden.Tracii -.'aceoraing to the Plat recorded in Volume 9 of Plats, page , 95iS ,..King county, Washington: . • • ' ' ... EXHIBIT 3 All of Lot 17; and that portion of Lot 16, Fostoria Garden Tracts, according to the ply_ recorded in Volume 9 of Plats, page 95, in King County, Washington, described as follows: Beginning at the southwest corner of said Lot 16 and running thence South 47° 12' East 175.3) feet; thence South 67° 43' East 20 feet; thence North 30' East 378 feet; ,thence North 5° So' West 174.4 .feet to the west boundary of the said Lot 16; thence South 40° 17' West along said West boundary of said Lot 16, a distance of 491.6 feet to the place of beginning; EXCEPT'portion of Lot 17 conveyed to King County for g road purposcs by deed recorded under Auditor's File No. 1006280; and EXCEPT that portion conveyed to the State of O Washington for primary state highway No. 1 by deed recorded r4 March 18, 1964, under Auditor's File No. 5712570. b R AND EXCEPT Beginning at the N.E. corner of Tract 17, Fostoria Garden Tracts as recorded in Volume 9 of Plats, page 95, in King County, Washington; thence South 40° 17' West, 280 :yet along the easterly boundary of said tract to the true point of beginning; thence continuing South 40° 17' West 250 feet; thence North 49° 43' West approximately 272 feet to the northwesterly boundary of said Tract 17; thence North 40° 17' East 2c0 feet along said northwesterly boundary to a point hereafter described as Point 'A'; thence South 49° 43' East approximately 272 feet to the true point of beginning, together, with an easement for roadway and utility . purposes over and under the following described portion of said Tract 17. t. Beginning at Point 'A's thence South 49 °.43;, East 30 feet; thence North 40° 17' East approximately 165 feet the southerly right -of -way margin of South 133rd Street; thence westerly along said right -of -way to the northwesterly line of said Tract 17. Thence South 40° 17' West to Point:1i, 'A' and the point of beginning. Subject to an easement for roadway and utility purposes over that portion described as follows: Beginning at Point 'A'; thence South 49° 43' East 30 feet; thence South 40° 17' West 250 feet; thence North 49° 43' West 30 feet; thence North 40° 17' East 250 feet to Point 'A' and the point of beginning, ALSO, Beginning at the most southerly line of Tract 16; thence North 40° 17' East along southeasterly line of said Tract 16, a distance of 297.73 feet; thence North 40 °.43' West parallel to the northeasterly line of said Trrct 16, a distance of 137.29 feet; thence South 30° 00' East 327.77 feet; thence South 67° 43' East 82.11 feet to the point of beginning and Beginning at the most southerly line of Tract 16; thence North 40° 17' East along southeasterly line 297.73 feet to the point of beginning; thence Korth 49° 43' West 137.29 feet; thence :4orth 30° East 50.23 feet; thence North 5° 58' West 174.4 feet to westerly boundary of said Tract 16; thence South 40° 17' East along said westerly boundary 359.99 feet more or less to the most northerly corner of Tract 16; thence South 49° 43' East along northeasterly boundary of said Tract 272.25 feet to southeasterly boundary of Tract 16; thence South 4U° 17' West 530 feet to the point of beginning. lilAr �.tiiw 2 3 4 5 6 IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY GERALD M. and DONNA R. MCLEES, ) Plaintiffs, ) NO. 81 -2- 03408 -0 10� 11 12 IS- 14 15 16 17 18 20' 21'• 22 23 24 25 26 v. ) STIPULATED JUDGMENT FOSTORIA PARK ASSOCIATES, a Washington ) general partnership, and POE ) CONSTRUCTION, INC., a Washington ) corporation, ) Defendants. ) The parties, as evidenced by their Fignatures and the slgnatures of their attorneys of record below approving entry of this Stipulated Judgment, hereby state and agree that all claims, counterclaims and crossclalms alleged In this Cause have been fully settled and resolved, and that Judgment should be entered on the terms set forth herein, and the Court, having been duly advised of the agreement and settlement and otherwise deeming Itself duly advised In the premises, now, therefore, IT IS ORDERED, ADJUDGED AND DECREED: 1. The common boundary between the real property owned by Gerald M. McLees and Dorna R. McLees ( "McLees ") legally described as: Parcel "A" - The so"theasteriy 92.25 fee In width of:tract 15, except the northeasterly 272.13 feet In width thereof, of Fostoria Garden Tracts, according to the Plat recorded STIPULATED JUDGMENT -1- ... .,._...... ..r,.�..»,k.�rU.w�vifi:�.�•.'J1 ..vMa:iF.±ti:^!t:.. • NDNTODMCNV, •VADU(. •LANK,N21N1• s AUSTIN 1-70•Ntr• w• •wW •C•TON •U:LDIwD w•••■•OTDw ••1e• ..2.,000 } 2 4 5 6 8 9 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 in volume 9 of Plats, page 95, King County, Washington. Parcel "B" - The north..asterly 52.75 feet of the south- easterly 145 feet of Tract 15, except for the northeasterly 282.12 feet therefrom, of Fostoria Garden Tracts, according to The Plat recorded in Volume 9 of plats, page 35, In Ki :Ig County, Washington. Parcel ,'C" - The northwesterly 127.25 feet In width of Tract 15, except the southeasterly 30 feet In width of the northeasterly 282.12 feet thereof, of Fostoria Garden fr>',cts, according to the Plat recorded In Volume 9 of Plats, page 95, In King County, Washington. (the "MbLees Property ") and he real property owned by Fostoria Park Associates ( "Associates ") and Iegatly described as: All of Lot 17; and that portion of Lot 16, Fostoria Garden Tracts, according to the plat recorded In Volume 9 of Plats, page 95, in King County, Washington, described as follows: Beginning at the southwest corner of sald Lot 16 and running thence South 47'12' East 175.31 feet; thence South 67'43' East 20 feet; thence North 30' East 378 feet; thence North 5' 58' West 174.4 feet to the West boundary of the said Lot 16; thence South 40' 17' West along said Wu.t boundary of said Lot 16, a distance of 491.6 feet to the place of beginning; EXCEPT portion of Lot 17 conveyed to King County for road purposes by deed recorded under Auditor's File No. 1006280; and EXCEPT that portion conveyed to the State of Washington for primary state highway No. 1 by deed recorded l•larch 18, 1964, under Auditor's File No. 5712570. AND EXCEPT Beginning at the N.E. corner of Tract 17, Fostoria Garden Tracts as recorded In Volume 9 of Plats, page 95, In King County, Washington; thence South 40' 17' West, 280 feet along the easterly boundary of said tract to the true ^•'nr .f .tn !nning; thence continuing South 40' 17' West 2 1 feet; thence North 49' 43' West approximately 272 feet. STIPULATED JUDGMENT -?- ..OHTOO.I[RV, •URDU[. BLANKIHSHIP • AU•TIN A1TO0N1.1 AT LAW 1.1. ..Ow10R tY.l ••• , wA.M.MO•J.. ...1). �,.,_,.._. .__ _ __'..' ,,....s„�.uAf.'4n•Jne7r a'af.a .. • • 1 2 to the northwesterly boundary o said Tract 17; thence .'brth 40° 17' East 250 feet al..Ig said northwesterly boundary to a point hAreafter described as Point 'A'; thence Soatn 49° 43' .ast approximately 272 fast to the true point of hagInnIng, together, with en etsement for roadway and utility purposes over and under the following described portion of said Tract 17. 3 4 5 6 Beginning at Point 'Al; thence South 49° 43' East 30 feet; thence North 40' 17' East approximately 165 feet to the southerly rIght -'f -way to the nort'...,.es' rly line of sald Tract 17. Thencc South 40' 17' West to Point 'A' and the point of beginning. Subject to an easement for roadway and utility purposes over that portion described as follows: Beginning at Point 'A'; thence South 49' 43' East 30 fret; thence £:::tn 40' 17' West 250 feet; thence forth 49' 43' West 30 fe t; thence North 40' 17' East 250 feet to Point 'A' and the point of beginning, ALS0, Beginning at the most southerly line of Tract 16; thence North 40' 17' East along southeasterly line of sald Tract 16, a distance of 297.73 feet; thence North 40' 43' West parallel to the northeasterly line of sald Tract 16, a distance of 137.29 feet; thence South 30' 00' Eest 327.77 feet; thence South 67' 43' East 82.11 feet to the point of h,--"Inning and Beginning at the most southerly Ilne of Tract 16; thence North 40' '7' East along southeasterly line 297.73 feet to the point of beginning; thence North 49' 43' West 137.29 feet; thence North 30' East 50.23 feet; thence North 5' 58' West 174.4 feet to westerly boundary of said Tract 16; thence South 40' 17' East along said westerly boundary 359.99 feet more or less to the most northerly corner of Tract 16; thence South 49' 43' East along northeasterly boundary of said Tract 272.25 feet to southeasterly boundary of Tract 16; thence South 40' 17' West 530 feet to the point of beginning. O GO s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (the "Associates Property ") Is the boundary line as set forth in the survey_ performed by Lund E Associates bearing King County Rec'rding No. 7808119004, STIPULATED JUDGMENT -3- N ONTOONCI.Y. •UNOU[, BLANKINBNIP & AUSTIN •TTDIIN•Y• AT LAW 'silk MO•TD• °U'4DIN0 ••nu, Nw•NINDTDN ••ID• ••••TD.D and title to the McLees' Property and the Associates' Pro ?erty Is qu!cteJ In 2. McLees Is authorized and entitled to enter the Associates' Property for the purpose of performing any and all gradiny, cuts or other work necessary `!:r to lower the grade of the McLees' Property or to the consiruction of a retalnIng'sh'� wall along the common boundary line between the McLees' Property and the Associates' Property. McLees shall have no !lability to AssoclatAS for any.. damage to the Associates' land caused during such grading or construction,:,: which grading or construction shall bo complMtad wlthfr, a reasonable time,,;;'•: following commencement of said work, If McLees leaves the Associates' land 1n;,s`,I; .� .,.,.,� hr better condition as It was in pr for io commencement of the gfbd,ln�'; ti 3. All claims, counterclaims, and crossclaims for money damages essert In this action are dismissed with preju' ice and without costs. IN OPEN COURT this day of October, 1982. 4 1; M.Z 0 JUDGE /Court Commiss {oner 4ii7i::' I t-SAEL E. GOSSLER o; Montgomery, Purdue, Blankinship b Austin Attorneys for Plaintiffs MONTOOM[1NY. PUNDU[. OLANKINOMIP�'► AUOTIN`��Q11. •n Al 1.100•• • •'f '!}' I•I• NO•9ON •VILDIN• r }j •,.99i•. ■■••■■D+ON ••1D• _ ,.,•"S 6111./0,0 • 1 2 Copy Received, Notice of Presentation Waived and Approved For Entry By: 3 GERALD M. MCLEES TCF.IA PARK ASSOCIATES 8 9 10 11 12 13 14 15 18 17 18 19 20 21 WILLIAM R. FRIEDHOFF, JR. of Ryan, Swanson, (lender & Cleveland Attorneys for Fostoria Park POE CONSTRUCTION, INC. JOHN Q. POWERS of Lee, Smart, Cook & Martin Attorneys for Poe Construction 22 23 24 25 28 STIPULATED JUDGMENT -5- MO4TOOM[RY. ►URDU[. I1.421M111 •.AUSTIN' AT AT law 111* wDATOM DOMDINO ttwntt. ww{w1natow ♦RIO• .0.•.000 . ___ ',.• ,14i.%..Wiw+M'YI.:iJY.lYaw:� .. . ?� ePIONEER NAT. 'ANAL ITt E INSURANCE A TIC.OR COMPANY Filed for Record at Request of AFTER RECORDING MAIL TO: Michael E. Gossler 1515 NOrten bldg. Seattle. WA 98104 1H $ SP.CE RIMINIO'Of AF CO[D(RS Ua Quit Claim Deed (CORPORATtt FORM) - IN WITNESS WHEREOF, uid RQVARCs7lWQcaused this Instrument to be executed 1{pAtssxp»operxsAAe(xnt •. nedarsmapenatwoixwtotitumonamelfsced this day of October , 1982 • S.?1't e,' , . EOST.OR.I,A..PAf3K ASSOC.IAIES.__......__._.: M » .- STATE OF WASHINGTON )ss. COUNTY OF KING On this day of October, 1982, before me a Notary Pub lc In and for the State of Washington, personally appeared Robert E. Sto seth,ta generalppartner of Fostoria Park Associates, a 'Washington partnership, described In and who executed the foregoing Instrument and he acknowledged to me that he signed and sealed the same as his free and voluntary act and deed and as the free and luryoact the and e and purposes deed fid arthershipmours 'ant to due authority and author- 1. IN WITNESS WHEREOF, I have hereunto set my and and affixed my off{clalc. seal the day and year first above written. NOTArCY PUBLIC, In and for the State Of Washington, residing at boundary line adjustment 85-46-bla Department of Panning Examined and approved this 7 day of 15jt , 19 irector, D 4-03L, ent of Planning Department of Public Works Examined and approved Filed for record day f 41. the request of: this ROBERT E. STORSETH LEGAL DESCRIPTION c or .86/07/10 .RECD F REV $ CASHSL 00861 D 9.00 15.0G ***24.00 EXISTING: THE EASEMENT 50 FEET IN WIDTH, FOR INGRESS, EGRES AND UTILITIES, AS SHOWN ON CITY OF TUKWILA SHORT PLAT NO. MF-79-26-SS AS FILED UNDER RECORDERS NO. 8004240503, RECORDS OF KING COUNTY, STATE OF WASHINGTON. PROPOSED: THE EASEMENT 50 FEET IN WIDTH, FOR INGRESS. AS SHOWN ON CITY OF TUKWILA SHORT PLAT NO. UNDER RECORDERS NO. 8004240503, RECORDS OF WASHINGTON. EXCEPT THE NORTHERLY AND WESTERLY 10.00 FEET. 4 5 VI. fllery0Wr whorg Fog EGRESS AND" UTILITIES. MF-79-26:SS AS FILED KING COUNTY, STATE OF • 1 C', V 0 -4 ---• :-....,,,,, ... ........ M c ;-,. :-, 1^..) • ... I. (31-1"e- ,-.• .. C.; ""' i.■ VI % '''' -, ..gr-6. X*1 ....!---.' ....t., ..,... • -:z ?..- 4:a & c) ., . . ... . • 1 .. •,6-. .. robert storseth burt lucas Know all men by these presents that wr, the onderiigneo -. 0.1petiEs in fee simple and /or contract purcha;er(s; of the land herein ;described o Hereby make an application for a boundary line adjustment thereof. The,under,igned further declare that the attached mar is the graphid representation of said boundary line adjustment and that same is made with the free consevT—Snd in accordance with the desire of the owner(s). In witness whereof we have set our hands and seals. -e' 8.030 c-e r- C/ D# S+a"Rc fir- . E ame j� Name 4 c3 4 1 t } STATE OF WAS H ;HSTON, County of On this day per Hama Name Name Name ally appeared before me�fi'jfs «..e "�.'�I j�.(\ to me known to ke the individual described in an who executed tho wlthi7 and foregoi)\ i strument, add acknowledged that isL, signed the same as free and voluntary act and deed, for the uses and pur- poses th rein mentioned. e C , , 1 9 J (GIVEN under m1) and and official .seal thJy day of i I Mater ,4 Pub.7io in and for the S Wash ng on, resid.ny at seal n,r✓^ STATE OF-WASHINGTON, County of 7ei..1 to of on this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing inecrument, and acknowledged that •t., signed the same as free and voluntary act and deed, for the- ,csesand pur- poses therein mentioned. FfS:tq# Notary Public it and for thd,State of h•ashington, residing at GIVEN under my hand and official seal this 2J'4 _ day of seal • Page 2 of „•all men by these presents rhit we, tn= undersigned, owner(s) in fee .dle and /cr contract purchaser(s) of the land herein described 4o hereby :;eke an application for a boundary line adjustment. thereof. The undersigned 'further declare that the attached map is the graphic repnationtofns said d al boundary line adjustment and that same is made with the free t �{1accordance with the de ire of the owner(s). r�In w77s whereof we h set our hands and se :ls. TTame / III Name Name ' Norse Name Name STATE OF WASHINGTON, county of KING bn this day personally appeared before me BURT C. LUCAS to me known to be the individual describ ^d in and who executed the within end foregoing instrument. and acknowledged that HE signed the some as HIS free end voluntary act and deed, for the uses and pur- poses therein mentioned. GIVEN urt,Eny hand and official seal thi- _ 1st day of July STATE OF WASHI• N• GTON. -•�— d(. ?-0- 4-* No ry Itlblic n and for the State of Washington, residing at Tukwila. 1986. County of On this day personally appeared before me �., me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that signed the same e free and voluntary act and deed, for the uses and pur- s poses therein mentioned. GIVEN under my hand and official seal this day of seal , 19 Notary Pubic in and for the State Washington, residing at Page 3 of 5 of of b. y. •SEE Ite<oRp of SGtR VEY /N 0104. 43, AS. K/Ma COI/Kn., WA. 8 Se 7,'J. • /s s. tug _. � 1• & • "_��j "rl N4 /••¢4'2l o �aq, tM r.-•r- / u / �1 i4' f Ir1 'JTIA'c. i 51•E 7 002- ry SEE t}(HIBIT "A" FOR STREET LYTIL1TIE n PoRTION O f 3W'/4N,E %4 W SEC. /5,7 23N., hw.,o9. . Lesemo e SIVA;ber imp L.S. 'r /si(,I,Sat for Record of Survey O 54 'Abe, f"uP d /sego Land Surveyor's Certificate: This Boundary Line Adjustment cor- rectly represents a survey made! b;' me or under my direction in conformance Nitro the zequ.irrnents of appropriate state statute. Date 64,10 Certificate ;:or 'x .'' 33 FOV i s 1.-285 (','.1' T4.'. A.LA Pt 4NNitiG pf.PT. Hai on File in Vault Direction: Scale: C•100' Page 4 of .5" • :1 .Stamp �` : :: 8 to 1 4. = ,o' ENI-9iJJ T "A" EDt:�E of FROPCrSE.lD 40' INIGRE'SS , EasZE.'SS CO` UTILI-"ILS EASE.MF_NT STCR17 b /ATfQ VA LVCS STORI.1 11.14 . STORM M.N. STORM 1114. SAIJITAR'1 X1.1 -1. 11:,_okt 15 1985 ('' '; ;' 71T ..6A 1)!PT.. J_,! 54.4I1A.RY NT.N. BUSH, ROED & HITCHINGS, INC., A.S. CIVIL ENGINEERS S LAND SURVEYORS SEATTLE. WASHINGTON 323-4 ti10V. 1$, I4MS B.R. r 1I.48stb4.06. S OF S. 7405140498 STAMPS Filed for Record at Rtgueat'of RECORDED DIRECTOR RECORDS & ELECTIONS KINO COUNTY. WASH. FORM LDBF Statutory Warranty Deed THE GRANTOR R.L. OLDRIGHT and THELMA LA RUE OLDRIGHT, his wife; C. R. ALTMAN and BARBARA ALTMAN, his wife; H. D. TIBBALS and DOROTHY I. IaTIBBALS adiOerhis si3oeowife; ALBERT FORTIER and VYOLA FORTIER, his wife One Dollar and other good and valuable consideration (a hand paid, conTpy/ mad warrsots to J. DAVID JENSEN and AMY JENSEN, his wife the following described real estate, rheattd In the County of King , Sul& of Washington: See Exhibit A attached hereto and made a part hereof This deed Is given In fulfillment of that certain real estate contract between the parties hereto, dated September 30 , 1068 . and f:onditloned for the conveyance of the above described property.and the covenants of warranty herein contained shall not apply to any title. Interest or encumbrance arising by. through or under the purchaser In said contract. and shall not apply to any !ma, assessments or other charges levied, assessed or becoming due subsequent to the date of said contract. Dated this 6—/32e71...l' SALES TAX PAID ON CONTRACT Alf. SACK V. t.lcY.C.:.E, 1(.ii■1 CO G,:.•PTRJLIER BY STATE' OF WASHINGTON /, ,.,/County of King day of January, 1971. On this day personally appeared before me R . L. It. 1,. Qldriaht and Thelma Lett R ue Oldrightl C. R. Altman and Barbara D. Altman; 11. D. Ti I bays • aTlCf- uvroth - . - " - Pea Fortier,and Vyol Fortier By /P.{ �> /� R. Oldrigft, attorney in fact Oldright to me known to be the Indlvtdvat described In and who executed the within and forego( acknowledged that he signed the same as was and purposes therein mentioned. r GIVEN under my band and official nal this .:;/-4. his free and voluntary day, of: -January, 19 Notary, reliant as i kxf- oi- 1t M sad Jon Recorder's Note: Car Beginning at the N. E. corner of Tract 17, Fostoria Darden Tracts as recorded In Volume 9 of Plats, page 96, to King County, Washington ; thenoe South 40. 17' West, 2b0 feet along the easterly bo'ndary of said Snot to the true point of beginning{ theme continuing South 40' 17' West 260 feet; thenoe North 49' 43' West approximately 272 feet to the northwesterly boundary of said Tract 171 thence North 40' 17' East • WO feet along said northwesterly boundary to a point bsreaft•r deocribed as Point 'A't thews South 49' 43' East approximately 272 feet to the true point of beginning, together with an easement for roadway and utility purposes over and under the following described portion of said Tract 17. ▪ Beginning at Point 'Al thence Sonth 49' 43' East 30 feet, thence North 40' 17' East approximately id6 feet to the southerly right - of-way margin of South 133rd 8treett thence woetarLy along said right -of -way to the northwesterly line of said Tract 17. Thence South 40' 17' West to Point 'A' and the point of beginning. Subject to an easement for roadway and utility purposes over that portion deecrtbe.'1 as follows; Beginning at Point'A't thence South 49' 43' East 30 foots thence South 40' 17' West 250 feet{ thenoe North 40' 43' '\ o it 30 feet; thence North 40' 17' East 230 feet to Point 'A' and the point of beginning. 7801040431 PIONEER NATIONAL TITLE INSURANCE A nCOe COUaANY Flh•d for R.; ord At Request of AFTER RECORDING MAIL TO: PiUNEER NATIONAL TITLE INSURANCE 719 Second Avenue Seattle WA 98104 Escrow 0200021 -MT 73U1O4U43 7111: tik.ANTrIK ..1,s $1 +:1 eturrfD IQ; •: 1978 AN 4 6M 8 30 DIRECTOR RECORDS & ELECTI KING CCUNT", µ'n :•• Irvf..vt f1AaVf (1---Exgn°ArPAIDJAN 3 1978 . 1994'7 I: DIPLUr u;; RI YL NUI __ Pa, 16711 room Lae Statutory Warranty Deed TED GUSH, who is identical with TED E. GUSA and MARY A. GUSA, husband and wife, ;or and in t,•nmlrraunn of TEN ISIn.00) DOLLARS, and other good and valuable consideration, h::nd paid. merry+ and warrant. u+ RONALD C. MCNAUGNT And MARVEL J. McNAUGIIT, husband and wife, Ih. 1.41,.wine d.vr:hnl rral nisi,. r.ituard In Om County of X I N G Stair of N'a.h,nalr+n That portion of Tract 16, Fostoria Garden Tracts, according to tho plat re- corded in Volurno 9 of Plats, page 95, in King County, Washington; described as followri Beginning at the most Westerly corner of said Tract 161 thonco south 47'32' East along the Southwesterly lino of maid Tract 16 a distance of 175.31 feet; thence South 67 °41' East along the Southwesterly line of said Tract 16 a distance of 20 feet to tho true point of beginning of this description; thonco South 67'43' East 82.11 foot to the most Southerly cornor of said Tract 161 thence North 40'17' East along tho Southeasterly lino of said Tract 16 a distance of 297.73 feet' thonco North 49 °41' West parallel with the Northeasterly lino of said Tract 16 a distance of 137.29 foot to a point which bears North 30.00' East from the true point of beginning; thonco South 30 °00' Wost 327.77 foot to the true point of beginning. Together with Eaaemont described in Exhibit A. attachod hereto. SUBJECT TOr A moot, Ordinance 867, Dietricr 74. Aasossmont No. 6; assessmont are to be -tifY41A//4114SaViefrfflahttRiW64loistrihution Lino in favor of tho City of Seattle, a Municipal Corporation; recorded 5/23/60 undor Auditor's Filo No. 5164175; affecting the Southeasterly 10 feet of the Southwesterly 511.29 feet of Tract 16. - Agreemont between city of Tukwila and J. David Jensen. E)ling Halvorson and Frank Lindell dated 4/6/73; rucorded 8/15/74 undor Auditor's File No. 7408150421; providing to develop a warehouse marketing cantor on the above described property and in order to do so it is necossary that provision be made for water and sowago service and for atOrm drainage. ltaint thir 1st day t,I December, 1977 ft; y hi" A.uaa �f a: :"/!- "r ;1� ,Ixa•tl • Y _r�ir_�_�{I aaat) 'T111: OF' • t , +unry of Xanq 1 fin 'hi. ,day prr.mally .plwarrd Lrh,rr mr Tod E. Gusa and Mary A. Gusa, mr knnwn t kn ihr no1o..lr, 1 a dr . r,hnl in and who rte ute1 thr within and forrielinx lnftrummt d ,. an fire and voluntary aft and deed, for the ark n„wkAm/ that they •,anrd ihr !Arne as their oats and purp...es thnrin mrnunnnl. ry GIVEN undrr my hand and nffttial wal the uG day nf�._J //t , / (77' . • ,%lc'1C :' (.12_ ,�cr�- lc.L�►r. � ,Notary f'aptl In end for tAt State of `Wo,Mejtoit, residing ft it EXHIBIT "A" Easement for utilities over and across the Easterly boundary of the following described property: THAT PORTION OF TRACT lb; rOSTORIA GARDEN TRACTS, ACCORDING TO THE PLAT r(EC0ROEU IN VOLUME 9 OF PLATS. PAGE 95, IN KING COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS: BEGINNING Al THE 40iI WESTERLY CORNER OF SAID TRACT 16 AND RUNNING TH:LCE S(IU1H 47 °12' EAST 175.31 FEET; THENCE SOUTH 67 °43' EAST 20 FEET f0 1111: tR01 POINT OF BEGINNING; THENCE NORTH 30° EAST 378 FEET; THENCE ,..)'111 5 °58' RES! 114.4 FEET TO THE WESTERLY BOUNDARY OF SAID TRACT 16; rt,:..sI& :v'4TH 40011' EAST ALONE, SAID WESTERLY BOJNOARY 359.99 FEET. MORE OR Ll3S 1(1 THE N'-)ST NORTHERLY CORNER OF SAID TRACT 16; THENCE SOUTH . N°40 (.1ST TH1 VUZTHCASTERLY BOUNDARY OF SAID TRACT 272.25 FEET Itl TtIL SUUIHEAST -RLY BOUNDARY OF SAID TRACE 16; !HENCE SOUTH 40 °11' WEST • .11O-tt, SAID SOUTHEASTERLY BOUNDARY 827.73 FEEL TO THE. MOST SOUTHERLY CORNER O UJf S•1111 II!ALT 1.,; T,IEM.t NORTH 67 °43' WEST 82.11 FEET TO THE TRUE POINT OF • 3E +,ir1'1.,1., EXf.IrT T.111 PORTION CONVEYE(1 TU THE STATE OF 1ASHINGTON BY DEED KI Ct:K1)r•.1 UAUL 1 AUDITOR'S FILE NO. 5721821 , AND EXCEPT THAT PORT ION.• O aSCRIALU A) Ft)LLO.S: CU N R;GIN'+IN;; AT THE 41ST WESTERLY CORNER OF SAID TRACT 16; THENCE SOUTH 47°12' t.,ST &LU,H; THE 1UTH,ESTEILY LINE OF SAID TRACT 16, A DISTANCE OF II5.31 (•LET; THENCE SUUT(/ 67 °43' EAST ALONG THE SOUTHWESTERLY LINE OF SAID T...10 16, A 1IST.1NCr. OF 20 FEET 10 THE TRUE POINT OF BEGINNING OF THIS 1:',C.01,1 111N; THENCE SOUTH 67 °43' EAST 82.11 FEET TO THE MOST SOUTHERLY k ,,F SA1r) TRACI 14; THENCE NORTH 40 °17' EAST ALONG THE SOUTHEASTERLY ;F Sr,lt' IR.1CT 16, A DISTANCE OF 297.71 FEET: THENCE NORTH 49 °43' ▪ PARALLEL .4ITH IH1: NORTHEASTERLY L1. E OF SAID TRACT 16. A DISTANCE OF 117.2P FELT T,1 A POINT ,+HICH !!EARS NORTH 30 °OJ' EAST FROM THE TRUE POINT t ;F rtLC.1•0,1■H,; THENCE SOUTH 3:) °00' WEST 327.77 FEET TO THE TRUE PAINT OF ts(:GI!.NING. 1> • 8609121461 TUIS DOCUMENT IS BEING RERECORDED TO CORRECT IIIE LEGAL DSSCRIPD: EASeMENT (Underground and Surface Rights) THIS INDENTURE,, made this ]j b day of November 19 80, between WARREN NEUROTH and ROSE MARIE NEUROT8, husband and wife; GERALD McLEES and DONNA McLEES, husband and wife; BURT LUCAS and MARION LUCAS, husband and wife; FRANK PUPO and JANICE PUPO, husband and wife; and FOSTORIA PARK ASSOCIATES, n general partnership, insofar as each 'inn rights or title or any hereinafter acquired rights or title, hereinafter called the Grantors; CITIZENS FEDERAL SAVINGS AND LOAN ASSOCIATION, hereinafter called the Mortgagee; and the CITY OF SEATTLE, a municipal corperation, and PACIFIC NORTHWEST BELL TELEPHONE COMPANY, a Washington corporation, hereinafter called the Grantees; WITNESSETH: That the Grantors, for and in consideration of the sum of One Dollar ($1.001 and other valuable considerations, receipt of which is hereby acknowledged, hereby convey and grant to the Crentees, their aucceaaora and assigns, the right, privilege and authority to ;.nntall, construct, erect, alter. repair, energize, operate and maintain electric underground trenaminalon and distribution facilittea, including communication wires, at depths not exceeding 21 feet, which consist of vaults, manholes, handholea, 'ucte, conduits, cables, wires and other necessary or convenient appurtenances; ALSO the right, privilege and authority to the Grantees, their successors and aa:,lgns, to install, construct, erect, alter, repair, energize, operate and maintain at the ground level electric transformer units and electric junctfan cabinets and /or containers, together with such appurtenances necessary to make said underground And surface installations an integrated electric and communication system, all such electric and communication system to be locnted upon, under, over and across the following described lands and premisea situated to the County of King, State of Washington, to wit: Q That portion of Tracts 16 and 17, Fostoria Garden 1.E2A pEs( -Ei P Tracts, as recorded in Volume 9 of Plats, page 95, By records of. Xing County, Washington, lying 5 feet on �� "" either side of and adjoining the following described CHK center line: Beginning at the most eadtt2 1y corner of said Tract 16; thence North 48 °15'03" V t along the northeasterly line of said Tract 16, 5.00 feet to the True_ Point of neginntng of said center line; thence South 41 °44'57" West 290.00 feet; thence North 41 °44'57" -'Rant 30.00 feet; thence North 48 °30'00" Weat 110.97 `feet; thence North 73 °15'00" Weat 87.20 feet to a point herttnsfter referred to as Point "A "; thence cont� nuing North 73 °15'00" Heat 58.86 feet; thence South 52 30'0q West 52.98 feet; thence North 37'30'00" West 110.00 filet ul to the terminus of said center line. rAU 30 ALSO, that. portion of Raid Tract 16, .lying 5 feet on JB...7, etcher side of and adjoining the following describedj([ll' center line: Beginning at the hereinbefore described Point "A "; thence North 27 °54'48" East 7.00 feet; thenc South 27 °54'48" West 369.44 feet; theme South 9 °44'42" Eaet.83.06 feet to the terminus of said center line.. (Also known as a portion of Lots 1, 2, and 1, City of Tukwila Short Plat No. MF- 79- 26 —SS, se recorded under King County Recording No. 8004240503.) ALSO, the northwesterly 5 feet of the northeasterly 290 feet of Trac. 15, Fostoria Garden Tracts. Together with the right at all times to the Grantees, their oucceeaors and assigns, of ingress to and egress from said lands acroan adjacent lands of the Grantors for the purpose of installing, constructing, altering, repairing, energizing, operating and maintaining said electric and communication system, and the right at any time to remove all or any part of said electric and communication eyatem from said land. The Grantors, their heirs, executors, administrators, successors and assigns, hereby covenant and agree that no atructore will be erected or permitted within the .above described easement area withnut prior wrirten 00'8'r.e,r 1S1iSti) 19b1N '.'u °19■38P98 .1 of 4 23041 5 -! -007 1% E.OISE TAX NOT REQUIPED . ..... . • approval from the Grantees, their euceeesors or assigns; that no digging will be done or permitted within the easement area which will in any manner disturb the facilities or their solidity or unearth any portion thereof; and that no blasting or discharge of any explosives will he permitted within fifty (50) feet of sale lines and appurtenances. All conduit or cable laid under this grant shall be laid upon a route as now located and shall be buried to such depth ea not to interfere with the ordinary use of said land. The City of Seattle and!or Pacific Northwest. Bell Telephone Company are to be responsible, as provided by law, for any dcmage to the Grantors through their negligence in the construction, maintenance and operation of said electric and communication system across, over, upon and under the property of said Grantors. The rights, title, privileged and authority hereby granted shall continue and be in force until such time as the Grantees, their euceescorn or assigns, shall permanenr'y remove all said electric and communication system from said lands or shall permanently abandon said electric and communication system, at which time all such rights, title, privilegea and authority shall terminate. Any mortgage on rte said premises held by the Mortgagee above nnmed is li hereby subordinated to the extent. but only to the extent necessary, to so subordinate the lien of enid mortgage to the easement herein granted to the C"d Grantees. (1• IN WITNESS WHEREOF, this instrument has been executed the day and year first above written. CD CITIZENS FEDERAL SAVINGS AND LOAN ASSOCIATION 6741r{`,C ERALD M. McLEE By. , t Tit1t 9titil' ARREN L. Will FOSTORIA PARK ASSOCIATES, a partnership By 1714 �lt� I'N"..1: LUCAS/ R01 ItT E. STOR$ETH, General Pfrtner FRANK PUPO % '` • BY/ ...JO . PETERSON' �enet•a1 Partner HAS W. GORDON, eneral Partner CV u0 STATE OF WASHINGTON COUNTY OF King I, the undera 20 day of before me WARREN L be the individuals acknowledged that deed for the uses (FOR INDIVIDUAL ACKNOWLEDGMENT) ) se. tgned, a Notary Public, do hereby certify that on this i1iPt ear {its 19(J , personally appeared . NEUROTH and ROSE MARIE NEUROTH, his wife, to me known to described in and who executed the within instrument, and they signed the same as their free and voluntary acted-- - and purposes therein mentioned. .a,,..• Given under my hand and official seal the day and year in this C),: '' • ' :...4\1� 4%27. lcodPg'.01.1 e.S certificate above written. STATE OF '•,.AiiINCTON COUNTY OF `'in'* Notary PubliC-5X5Tfor the residing at ypnt to of WaShi (FOR INDIVIDUAL ACKNOWLEDGMENT) ) Ce, I, the undersigned, n Notary Public, do hereby certify that on this eU•h day of 1 +ovarhar 1980 , personally appeared before. me GERALD M. McLRES end DONNA R. MELEES, his wife, to me known to-Jo , the individual:: reocrtbed in and who executed the within instrument, ,end;.,,,. acknowledged that they signed the same as their free and voluntary' deed for the usea and p•.irpones Lherein mentioned, r' t� '' ;•,,C1 • Given under my hand and official seal the day and year certificate above written. yyr' • yy le v�:,r `•R• ., tC of. Wa: in§r --:.% Notary Pub11 residing at (FOR CORPORATE ACKNOWLEDGMENT) STATE OF WASHIINGfON ) ) as. COUNTY OF e:in? ) On this ^ r>/ / day of '. 19..�G' ; : 4*FISIi�jj;'•..• '4N personally appeared t er 'der r�-�e -.i-i 17 y me known to be the vice President, and ` [ /'•. ,t , to me known to be the e . le• of CITIZENS FEDERAL SAVINGS AND LOAN ASSOCIATION, the corporAtl Tta'".•.4 M 0. %k executed the within and foregoing instrument, and each ackno�lled��?�o�(O�♦ d"i • said .instrument to be the free and voluntary act and deed of laitYy °• ;►N ‘a ?. C • corporation for the uses and purposes therein mentioned, and eachsd oi.. "•v`�: stated that th,.y were authorized to execute said instrument. :�"•• j r' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my off Taal r seal the day and year above written /j Notary Public in ender the State ofY ahL residing at „fyG 3 of 4 (FOR INDIVIDUAL ACKNOWLEDGMENT) STATE OF WASHINGTON ) es. COUNTY OF I, the undersigned, a Notary Public, do here,?y certify that or. this I day of ,f Pat -If: �fr 14,e personally appeared before me BURT C. LUCAS and MARION J. LUCAS, his wife, to me known to be the Individuals described in and who executed the within instrument, and E,,citknbwledged that they signed the same as their free and voluntary act and ,. •, '•. eQ., 'or the uses and purposen therein mentioned. u AR +�e;; 01ren under my hand and official ea the/day and year in thta * Maus v:c:Yflcate above written. or "J A5*\ Notary Public in for the State,of Washington, residing nt ` ✓'" � - +�.i' ( '' (FOR INDIVIDUAL ACKNOWLEDGMENT) STAY' WASHINGTON ) ) 89. COUNTY OF ) I, the undersigned, a No ary Public, do herqy certify that on this ?_ day of � �! 1 ?a`, personally appeared before me FRANK PUPO and JANICE PUPO, his vile, to me known to be tho individuals described in and who executed the within instrument, and acknowledged thnt they signed the same ns their free and voluntary act and decAAit'>she uses and purpoeea therein mentione4. O.% �,(+' d>ar my hand and officf�a2 s a) t•e day and year In rhia /' &ta( SC bo(e written. // a�c f� �q t 4 1-`)C,* Notary ablic and for the Stpte of Wnahington, 4 residing at /e Lrc <C(.ie 4 (FOR PARTNERSHIP ACKNOWLEDGMENT) STATE OF WASHINGTON ) ) 9e. COUNTY OF ) G tL n On this O day of 1,„)..2. C.f.bi.lj'.GL 19 t', before me personally appeared ROBERT E. STORSETH, JON C. PETERSON, and THOMAS W. GORDON, to me known to he the general partners of FOSTORIA PAPY. ASSOCIATES, the partnership that executed the within and foregoing instrument, and he acknowledged that said instrument to he the free and voluntary act and deed of (laid partnership for the uses and purposes therein mentioned, and on oath stated that he was authorised to execute said instrument. IN WITNESS WHEREOF, I have hereunto pet my hand and affixed ,my.of H•oigj \, seal the day and year above written. '�!��%MA14.'t•. Notary Pu. ~in and for the State .o i%aa �d ''.'"I ; residing nt(t ..ks'cr . _ L w..,.4 S=am i j.; tQ '., 4 of 4 ..," *." • 04 - • ' . . , • .) , 9208261186 king COU(TY RECORDS 605 RIGHT OF ENTRY EASEMENT For a valuable consideration as described below, Fostoria Park Associates hereby grants and conveys to the City of Tukwila the right, privilege, access and authority to construct, improve, repair, operate, and maintain a 72 inch diameter storm drain manhole and associated 30 inch diameter reinforced concrete pipe (RCP) over, under and across 683 square feet of the following land, located in King County, State of Washington, to wit: See attached Exhibit A. Fostoria Park Associates shall make no use of the land occupied by the manhole and RCP pipe, except for using the area as a parking lot, in its current condition. At no time will Fostoria Industrial Park Associates limit access to the manhole by City of Tukwila employees or their assigned representatives. In exercising these rights herein granted, City of Tukwila employees, contractors, successors and assigns, may pass and repass over or under said easement and may remove any obstructions which in the opinion of the City interfere with the operation of the connected storm drain system. As consideration, the City of Tukwila agrees and does indemnify Fostoria Park Associates and holds it harmless from any and all claims arising from the construction, operation, and maintenance of the manhole and associated 30 inch RCP pipe that was done under the direction of the City of Tukwila Public Works Department, including disposing of all materials excavated by Tukwila, in accordance with local, state and federal requirements. As additional consideration for the easement, the City of dispose of five (5) 55- gallon drums containing soils hazardous pH level (composite pH level above 12.5) and approximately 15 cubic yards of excavation for the subject manhole. Tukwila agrees to contaminated stockpiled contaminated with dispose of the dirt from the TO 9208261186 RIGHT OF ENTRY EASEMENT Fostoria Park Associates Page 2 The disposal permit will be obtained by Mr. Robert S. Levinson of Fostoria Park Associates. The City will dispose of the five (5) 55- gallon drums and approximate 15 cy of stockpiled contaminated dirt that was excavated for the manhole in accord with Mr. Levinson's permit. Fostoria Park Associates retains all liability associated with the hazardous soil within the drums including but not limited to its generation, transportation, and storage. The covenants herein contained shall run with the land and are binding upon all subsequent owners thereof. BY: ATTEST: BY: ,(.c }i - CITY CLERK DATED: BY: Robert E. Storseth, Inc. BY: Ly, 19 _ Robert S. Levinson DATED: 2/ , 1912_ h: 1 �0 0 • W .›- : J .Q :o • W .t I- .o • W 0 EXHIBIT "A" ENTRANCO INTERURBAN AVE. SO. PROJECT NO. 91019 -25 MICHAEL G. YEOMAN, PLS FEBRUARY 19, 1992 STORM DRAINAGE EASEMENT LEGAL DESCRIPTION An easement for storm drainage and appurtenances over, under and across that portion of Lot 3 of City of Tukwila Short Plat 79 -26 -SS as recorded under Recording Number 8004240503 records of King County, Washington, described as follows: Said easement being a strip of land 20.00 feet In width having 10.00 feet on each side of the following described center line: h7 A , COMMENCING at the Northwesterly corner of said Lot 3, said corner being the Intersecilon of the Southerly margin of South 133rd Street and the Southwesterly tO margin of South 134th Street, thence South 89° 57 57" West along said a Southerly margin of South 133rd St. and the Northerly line of said Lot 3, a distance of 56.90 feet to the POINT OF BEGINNING of said center line and 20.00 foot easement; thence South 17° 46' 07" West a distance of 34.13 feet to the terminus of said center line and easement. Containing an area of 683 square feet, more or less. co ewes 2-19 -t3 1,11. mer It� THE QUALITY STORM, DRAINAGE EASEMENT EXHIBIT "A" Sd 1S3gg o ST Ni P.O.B. f)(1 ST /HH j NO. BEARING DIST. 1 N 17- 46'07 "E 34.13 2 S 89-57'57 "N 56.90 (21 56.90 LOT 3 TU SP 79 -26 -SS REC.# 0004240503 ir- N T R A N C O 10900 N.E. 8TH STREET, SUITE 300 :NGINEERS SCIENTISTS PLANNERS SURVEYORS BELLEVUE. WA. 98004 (206) 454 -5600 0 �o 0 .w : 0 :0 I» •a :a W .x r- ' 0 W O VI 1- U.S. ENVIRONMENTAL PROTECTION AGENCY ACKNOWLEDGEMENT OF NOTIFICATION OF HAZARDOUS WASTE ACTIVITY (VERIFICATION) THIS IS TO ACKNOWLEDGE THAT YOU HAVE FILED A NOTIFICATION OF HAZARDOUS WASTE ACTIVITY FOR THE INSTALLATION LOCATED AT THE'. ADDRESS SHOWN BELOW TO COMPLY WITH SECTION 3010 OF THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA). YOUR EPA IDENTIFICATION NUMBER MUST BE INCLUDED ON ALL SHIPPING MANIFESTS FOR TRANS- PORTING HAZARDOUS WASTES; ON ALL ANNUAL REPORTS THAT GENERATORS OF HAZARDOUS WASTE, AND OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES MUST FILE WITH THE EPA; ON ALL AP ?LICATIONS FOR A FEDERAL HAZARDOUS WASTE PERMIT; AND ON ALL OTHER HAZARDOUS WASTE MANAGEMENT REPORTS AND DOCUMENTS REOUIRE0 UNDER SUBTITLE C OF RCRA. 0D N EPA I.D. NUMBER =_> WAD988494225 CD N O` MAILING ADDRESS =_> FOSTORIA PARK 1905 136TH PL NE BELLEVUE WA 980052331 INSTALLATION ADDRESS =_> 4400 9LK S 133RD L S 134TH TUKWILA WA 981683280 12/27/91 IT IS DUE TO THE QUALITY OF THE DOCUP'NI...... . ; •• • 920828 I 186 9902191086 RETURN ADDRESS Ploua pros ready or type nformanon Document Title(s) Reference Numbers(s) of related documents Grantor(s) aug. not we Wane Wall Grantee(s) amt. m o and Middle Laidan Addidonal Raf rece f oo pate v1 ac-ut) Aedidood transom on Date Aildidcm1 pumas co pap - Legal Description a oe Da` to. loc. block. plat or aemr. te+mmp,. 'TAP. ve»v$t$tf 1..-0 I— 3 t (;- I) o tut jcv. - ►-I Assessor's Property Tax Parcel/Account Number � I 13 z4juus(, - ( Addicted lapl is on pate Mated pond h on pate The Audttor/Recorder An rely ea the Mimed:Us pteofded on this farm. The Gaff w oU read the dommeof to ratify tsr ae0Uree► of compounds ottke biding Infamat.o pro dial Styd. alb 8 8 8 RESTRICTIVE COVENANT Fostoria Park Associates, LLC 1805 — 1366 Place NE, Suite 201 Bellevue, WA 98005 This declaration of Restrictive Covenant is made pursuant to RCW 70.105D.030(1Xf and g), and WAC 173 - 340 -440 Namc of Property Owner, it successors and assigns, and the Washington State Department of Ecology, its successors and assigns. Legal Description: Lot 3 of City of Tukwila Short Plat No. 79- 26-SS, recorded under recording No. 8004240503 and as amended by boundary line agreement recorded under King County Recording No. 8210010841 and es amended by City of Tukwila boundary line adjustmatt No. 85- 46 -BLA, recorded under recording No. 8607100861. Situate in the County of King, State of Washington. Tax Parcel I.D. 01: 2613200086 -08 9902191486 N1 KO Ain X0 9NI8 Yd 000r21 9101.612066 9902191086 RESTRICTIVE COVENANT Fostoria Parlc Associates, LLC Fostoria Park Industrial Center, Building D & E This Declaration of Restrictive Covenant is made pursuant to RCW 70.105D.030(I Xf) and (g) and WAC 173- 340 -440 by Fostoria Park Associates, LLC, its successors and assigns, and the State of Washington Department of Ecology, its successors and assigns (herd 'Ecology". An independent remedial action (hereafter "Remedial Action ") ocamcd al the property that is the subject of this Restrictive Covenant. The Remedial Action conducted at the property is described in the following documents which are on file at Ecology's Northwest Regional Office: I . Preliminary Soil and Grottedwater Characterization, Fostoria Park Associates, Project E- 1059.7, by Earth Consultants, September 18, 1991 2. Recent Analytical and Field Data, Fostoria Park Associates, Project E- 1059 -7, by Earth Consultants, August 30, 1993. 3. Additional Information for IRAP Review, Fostoria Park Associates, by Han Crowser, lune 3, 1997. 4. Groundwater Samples and Analysis, Riverton Park, Fostoria Park Associates, Project E- 1059 -9, by Earth Consultants, August 12, 1998. 5. hndepetdent Remedial Action Consultants, o� Fostoria Park Industrial Cater, Buildings D and E, by Earth October 19, 1998. This Restrictive Covenant is required because the Remedial Action resulted leaving cement kiln dust containing ccmcaltrations of anemic and lead which exceed the Model Trades Control Act Method A Residential Cleanup Levels for soil established under WAC 173-340 -740 and the Model Toxics Control Act Method B Residential Cleanup Levels for groundwater established under WAC 173- 340 -720. This Restrictive Covenant is also required bemuse a conditional point of compliance has been established for groundwater. The undersigned, Fostoria Park Associates, LLC, is the fee owner of real property (hereafter "Property ") in the County of King, State of W ashingtwq that is subject to this Restrictive Covenant. Tbc. Property is legally described as follows: Lot 3 of City of Tukwila Short Plat No. 79-26-SS, monied Nader recording No. 8004240503 and as amend by boundary line agreement recorded under Kin8 C aunty Recording No. 8210010841 and as amended by City of Tukwila boundary line adjustment No. 85-46-BLA, recorded under recording No. 8607100861. 99021 91080 Fostoria Park Associates, LLC makes the following declaration as to limitations, restrictions, and uses to which the Property may be put and specifies that such declarations shall constitute covenants to run with the land, as provided by law and shall be binding on all parties and all persons claiming under them, including all current and flrture owners of any portion of or interest in the Property (hereafter "Owner "). Section 1. The Property contains cement kiln dust, which contains concentrations of arsenic and lead which exceed the Model Taxies Control Act Method A Residential Cleanup levels for soil, under Buildings "D" and "E" as well as associated planting strips and parking areas. The Owner shall not alter, modify Of remove the existing structures nor conduct any other activity on the Property that may result in the release or exposure to the environtem of the cement kiln dust or contaminated soil that was contained on site, or create a new exposure pathway without prior written approval from Ecology. Some examples of activities that are prohibited without prior written approval from Ecology include: drilling, digging, placement of any objects or use of any equipment which deforms orstrossea the surface beyond its load bearing capability, piercing the surface with a rod, spike or similar item, bulldozing of earthwork. Ste. No groundwater may be taken from the Property for any use. Scetigol. My activity on the Property that may interfere with the integrity of the Remedial Action and continued protection of htunan health and the envirooma>i is prohibited. . Any activity on the Property that may result in the release or expense to the environment ofa hazardous substance that runains on the Property as part of the Remedial Action, or create a new exposure pathway, is prohibited without prior writteo approval from Ecology. Section S. The Owner of the property must give thirty (30) day advance written notice to Ecology of the Owner's intent to convey any interest in the Property. No conveyance of title, easement, lease, or other interest in the Property shall be consummated by the Omer without adequate and complete prevision for continued monitoring, operation and maintenance of the Remedial Action. The Owner conveying any interest in the property shall notify Ecology of the name, mailing address and telephone number of the person or persons who acquired the title, easement, lease„ or other interest in tbo Property within fifteen (15) days of the transaction. S . The owner must restrict leases to uses and activities catuisttnt with the Restrictive Covenant and notify all lessees of the restrictions on the use of the Propaty. Section 7. The Owner must notify and obtain approval from Ecology prior to any use of the Property that is inconsistent with the terms of this Restrictive Covenant. Ecology may apps any inconsistent use only after public notice and conumcat 9902191086 Section S. The Owner shall allow authorized representatives of Ecology the right to enter the Property at reasonable times for the purpose of evaluating the Remedial Action; to take samples, to inspect remedial actions conducted at the property, and to inspect records that are related to the Rancdiai Action. Section 9. Tltc Owner of the Property «serves the right under WAC 173-340-440 to record an instrwnem that provides that this Restrictive Covenant shall no longer limit use of the Property or be of any further force or effect. However, such an instrument may be recorded only if Ecology, after public notice and oppommity for comment, concurs. FOSTORIA PARK ASSOCIATES, LLC Robert -/9 (DATE SIGNED) STATE OF WASHINGTON COUNTY, 0j� On this �^`�_ day of re 1 r Ut1.1" tt.-. , 19 9 / q , before me, the undersigned, a Notary Public m and for the State of Washington, duly commissioned and sworn, personally appeared Robert S. Levinson, to me known to be the person who signed this instrument as his Gee and voluntary act and dad for purposes therein. IN WITNESS THEREOF, I have hereunto set my hand and official seal this $- day of . C v amt. , 19 97. NOTARY PUBLIC rn� Residing iii K-(/R_VUPPA-#4 ) u94_, My Appointment Expires (-___1 an,/ f' 9'7 9 8102250434 DEVELOMENt AGREEMENT - RECD F 4.00 ORSHSL 11 THIS AGREEMENT executed this date in favor of the City of Tukwila, a munici- pal corpDration of the State of Washington (hereinafter called "City"), FOSTORIA PARK ASSOCIATES, et. al partnership of the State of Washington, Robert E. Storseth,'7, Thomas W. Gordon ani Jon C. Peterson (hereinafter collectively called "Owner"). CD (.0 W ITNESSET H: WUMREAS, FOSTORIA PARK ASSOCIATES, is presently the owner in fco of the prop- erty located in the City of Tukwila, described on Exhibit It",attached hereto ' - • t. (hereinafter called "tho Property"). • WHEREAS, the City's Department of Public Works has determined that in order, to provide for the public health, safety and general welfare with respect to the-. subject Property and other property located in tho vicinity of tho Property, ono or more local improvement districts (hereinafter called "the Local Improvement Dis- trict") may be formed for the purpose of improving S. 134th Street, providing for arterialstreet improvements, and including but not limited to, utilities such as power, undergrounding, sidewalks storm (the undergrounding of storm systems may in- clude a stonn pipe at the location of the present pitch adjacent to the property line next to S. 133rd Street) and sanitary sewers and water serviceS; , WHEREAS, Owner is willing to equitably participate in said Local Improvemen Districts in the event one or more such LID is created; . NOW, THEREFORE, the parties hereto covenant and agree as follows: 1. In the event the City finds that the creation of a Local Improvement Dis- trict is within the public health, safety and general welfare, and such District or Districts include within its/their boundaries.the propertysubject to this agreement, the Owner agrees to participate equitably in such Local Improvement Districts, and , — hereby waives any right to protest the formation of said LID or LID'S. • 2. In the event one or more Local Improvement District is formed and Owner has already constructed at its expense improvements to its portion of the street' which conform With all applicable federal, state andlocal laws, rules andregulations, • the Owner shall not be assessed for said improvements already:constructed by it, and.- which are identical to, or compatible with, improvements provided for in said LID.-' 3. The City will, if all legal and administrative prerequisites are complied . . „ with by the Owner, issue the street use and utilitY,parmitsneeded,by,the Owner'fori , . ';RECORDED,Ift. t)Ai" • the property. FEB 25;11.:,iid1t8 r, T<THE .RECORDSW GEV rILEU or Record at Request ,01 Name —a..4- / .- 1t14,i.A2:::( Address 4,2e, ay. 3,54t.kr&'li'l, 1117t2.:'.‘. ' ''''''''. 1 . • - • . ......:!..:.,,,i,:::.7......„,,,::".-x-,....,;,-,',... .-...- .-,,..:".. ' • 4 , 4. This Development Agreement shall be recorded, and shall be binding on all x2 parties to this Agreement and their heirs, successors, and assigns. 8609111301 SIDEWALK AGREEMENT THIIS INSTRUMENT, executed this date in favor of the City of Tukwila, a municipal corporation ("City") by the UNDERSIGNED OWNERS of the within described property ( "Owners "): WITNESSETH 1. WHEREAS, Owners warrant to the City that they are persons owning a fee - simple interest or having substantial beneficial interest in the following described real property located in the Tukwila, King County. Washington ( "Property "): ro LEGAL DESCRIPTION LOT 3 OF SHORT PLAT 79- 26-SS, AUDITOR'S FILE NO. 8034240503,'' -- WITHIN THE CITY LIIMITS OF TUKWILA, WA. THE PROPERTY IS 114., THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 23N, RANGE 4E, — W.M., KING COUNTY, WA. 2. WHEREAS, Owners warrant to the City that their interest'in the Property includes full power to enter into agreements and covenants which will run with the land, and 3. WHEREAS, Owners have made application to the City for one or more land use, development ur• building permits, or subdivisions of land, all as identified in Planning Department File No. CN -85 -293 for proposed develop- ment of the Property, and 4. WHEREAS, the proposed development by Owners will require addi- tional public improvements or services which will benefit the Property, and 5. WHEREAS, the City could, under the circumstances and pursuant to Ordinance No. 1158, as amended by Ordinance Nos. I217 and 1233, require present construction or contribution toward construction by the undersigned of the following specific public improvement as one of the conditions of approval of said development permit or land subdivision: SIDEWALK: FRONTING THE ABOVE PROPERTY ON SOUTH 133RD AND SOUTH 134TH PLACE - HOW, THEREFORE, Owners hereby covenant, bargain and agree on behalf of themselves, their heirs, successors and assigns, that if the City grants the permit or other land use approval for which application has been made h; • 'Swners : 1. In.the event such sidewalk improvement should be ordered by the City pursuant to the creation of a local improvement district, the Owners understand that the determination of benefit received and calculation of the assessment for the real property herein described may be adjusted to account for any sidewalk improvements contributed by the Owners prior to the formation of the local improvement district, having general benefit to the district. 2. In the event that sidewalk improvements should be ordered by - thn City pursuant to the creation of a local improvement district, the Owners agree to defend and save harmless the City of Tukwila to any loss, damage or delay suffered by the City as a result of any protest to the formulation of such improvement district, filed by or on behalf of the,then owner of the real property described herein. 3. Nothing herein shall be considered as limiting the right of the Owners, pursuant to the provisions and procedures of RCN 35.44.080, to object to the amount of the assessment then proposed to be levied against said real property. 4. Nothing herein shall be considered as In any:way limiting thy' authority of the City of Tukwila to determine tha necessity:for public improvements nor the manner or method of providing the cost.of:,construction of same, er n m • Li Page I of 3 • , . �...� 5. in lieu of the provisions of Paragraphs 1 through 4 above. at such time in the future a; said sidewalk public improvement is determined by the City to be needed and is ordered by the City to be constructed. Owners will not oppose the ordered improvement. The Owners shall furnish Plans and spedifica- tions designed in accordance with requirements of the Tukwila Municipal code and the Public Works Department for said project at their sole expense. Upon review and approval of said plans and specifications by the City of Tukwila Public Works Department, the Owners shall construct said sidewalk improvement and shall provide upon completion nr said improvement the final document requirements to the public Works Department of the City of Tukwila in accordance with the Tukwila Municipal Code (i.e., as- huilts, plans, etc.) 6. If the construction of said sidewalk improvement has not been substantially completed within twelve (12) months from the date that the City gave Owners the order to construct the improvements, the City shall have the right to complete said construction. owners shall reimburse City for all labor, material and other costs Incurred in such work. 7. This Agreement shall he recorded in the records of King County and the convenants hereof shall be deemed to attached to and -Pin with the Property and shall be binding uppn the Owners, their heirs, successors and assigns, and shall apply to after - acquired title of the Owners of the Property. P.. This Agreement shall be amended or modified by agreement between the Owners and she City; provided si.,;h amended agreement shall be app:uved by .-.i the legislative authority of the City. Nothing in this Agrewement shall prevent :) the City Council from making such further amendments to any ordinance, including the Zoning Ordinance. as it may deem necessary in the public interest. OP U 4C) oo 9. !his .-.ireement is made for the benefit of the city and for the benefit of the Owners of property within 300 feet of the property, and either the City ur any such property owner may institute and prosecute any proceeding at law or in equity to enforce this Agreement. Page 2 of 3 8009111301 10. it is further expressly agreed that in the event any covenant or condition or restriction hereinabove contained or any portion thereof iS invalid or void, such invalidity or vuidess shall in no way effect any other conrenant, condition, or restriction hereinabove contained. DATED THIS / DAY OF �(L , 19. The foregoing Agreement is accepted by the City of Tukwila this robert storseth gary van dusen STATE OF WASHINGTON) )s: COUNTY OF KING ) CITY OF TUKWILA 'f1 o u' lam On this day personally appeared before me�Q4L_Z574,114- to be known to be the parties described in and who execute w th n OEWA AGREEMENT and acknowledged that he /she signed and sealed the same as his /her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL F.EI.L THIS 7 1 OF Y.I/Z.t -S.-- . 19 Gi STATE OF WASHINGTON) )ss COUNTY OF KING ) On this day personally appeared before me /�iv nrrsen and to be knowr :o be the and - -- — of the CITY OF TUKWiL the orporation that executed the within and foregoing SIDEWALK AGREEMENT and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the ses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. DAY e01? __�-C_ otary a is in and or th�i S ate�f Washington, residing a��'lry�il.�c -/� OF GIVEN UNDER MY NAND AND OFFICIAL SEAL THIS t_/ ISiDEwK.S SIOEWK.52) M.12 ,19eC'4 . DAY btary ubtic in and for t e 5tata gf Washington, residing Page 3 of 3 RETURN TO: City of Tukwila 6200 Southcenter Rlvd. Tukwila, Na. 98188 Attn: City Clerk RECORDED MAIL TO: Mr. Hank Skidmore 1611 126th N.E. Bellevue, WA 98004 EASEMENT agreement This agreement, made and entered this 6th day of CDApril, 1988 by and between Robert Storseth, Inc., and Robert Levinson, hereinafter "Fostoria Park Associates" and Robert E. Cr Storseth, Inc. and Robert S. Levinson hereinafter "Fostoria rq CD O Associates ". OD GO For good and valuable consideration, the parties agree as follows: 1. Fostoria Park is the record owner of the following described real estate in Ring County, State of Washington: Property described on the attached exhibit "A ". 2. Fostoria Associates is the record owner of the following described estate in Ring County, State of Washington: Property described on the attached exhibit "8 ". 3. Fostoria Associates does hereby grant, asssign and set over to Fostoria Park Associates an easement over across and through the real property described on exhibit "C" for the purpose of ingress and egress, loading and unloading for the benefit of Fostoria Park Associates and Fostoria Associates. 4. This easement may be removed by mutual consent of the parties. EXCISE TAX NOT REQUIRED 'rj Co_ Record; Dvigon By -1 (lr`N1CQ Deputy - 1 - • • • • • 8806140682 5. This easement shall continue forever and shall run with the land. 6. This agreement shall bind and inure to the benefit of, as the circumstances may require, not only the immediate parties hereto, but also their respective heirs, executors, administrators and successors in interest. FOSTORIA ASSOCIATES Robert E. Storseth, Inc. Robert E. JStorseth, President Rober S. Levinson FOSTORIA PARK ASSOCIATES Storseth, Inc. torseth, President obe "t S. Levinson HLS:kls EASE /SKID17 STATE OF WASHINGTON ) ss. COUNTY OF ) On this day personally appeared before me /t.( / ��• /_C: to me known to be the individual descr5.bed in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. 19 GIVEN under my hand and official seal this day of & 8806140682 / NOTARY/PUBLIC in and for the State of W s hi ggton, residing at CO O ; GD O : OD O) STATE OF County of ) ss. On this day of before me personally appeared and of the corporation that executed and acknowledged said instrument and deed of said corporation, for mentioned, and on oath stated tha said instrument and that the seal said corporation. h % 19 55-- 'and , to me known to be the respectively, the within and foregoing instrument, to be the free and voluntary act the uses and purposes therein t they were authorized to execute affixed is the corporate seal of IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. is in an or e a residing )�`�� g at �•A 1NSVM si;yp :: �. ! i • �' jti :'ry 8706020055 By Exhibit A Lot 3 of City of Tukuila Short Plat No. 79- 26 -SS, recorded under King County Recording 1o. 8004240503, and as amended by Boundary Line Agreement recorded under King County Recording No. 8210010841, being a portion of Tracts 16 and 17 of FOSTORIA GARDEN TRACTS, according to the plat recorded In Volume 9 of Plats, page 95, in King County, Ga$hington. By .rnnactn, rrestaent EXHIBIT 's' LEGAL DESCRIPTION PARCEL A: n OD THAT PORTION OF TRACT 48. RIVERSIDE INTERURBAN TRACTS. ACCORDING TO THE CoO PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS. PAGE 74. IN KING COUNTY. 0 WASHINGTON. LYING SOUTH OF SOUTH 233RD STREET (U.N. BECK ROAD)) AND /4D THAT PORTION OF TRACT 18. FOSTORIA GARDEN TRACTS. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS. PAGE 95. IN KING COUNTY. 0) WASHINGTON. LYING SOUTH OF SOUTH 133RD STREET (W. W. DECK ROAD); TOGETHER WITH VACATED 43RD AVENUE SOUTH (SQUIRE STREET) ADJOINING; EXCEPT A TRACT OF LAND IN THE NORTHWEST CORNER OF SAID PREMISES. THE WESTERLY LINE OF WHICH IS 157 FEET IN LENGTH) THE NORTHERLY LINE OF WHICH IS 142 FEET IN LENGTH; THE SOUTHERLY LINE OF WHICH IS 133 FEET IN LENGTH AND THE EASTERLY LINE OF WHICH IS 127 FEET IN LENGTH. PARCEL D: THAT•PORTION OF TRACT 48. RIVERSIDE INTERURBAN TRACTS. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS. PACE 74. IN KING COUNTY. WASHINGTON. AND OF TRACT 18. FOSTORIA GARDEN TRACTS. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS. PACE 95. IN KING COUNTY. WASHINGTON AND OF VACATED 43RD AVENUE SOUTH "SOUIRE STREET ". DESCRIBED AS FOLLOWS: BEGINNINC.ON THE SOUTHERLY LINE OF SOUTH 133RD STREET. "W.W. BECK ROAD" AND AT A POINT 142.00 FEET EASTERLY OF THE INTERSECTION OF SAID SOUTHERLY LINE WITH THE WESTERLY LINE OF SAID TRACT 48; THENCE WESTERLY ALONG SAID SOUTHERLY LINE 142.00 FEET; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID TRACT 48 A DISTANCE OF 157.00 FEET; THENCE EASTERLY 133.00 FEET TO A POINT 127.00 SOUTHERLY OF THE POINT OF BEGINNING; THENCE NORTHERLY 127.00 FEET TO THE POINT OF BEGINNING. 86os14O68Z Exhibit "C" An easement for ingress and egress over and across an existing driveway and and easement for the location of a concrete ramp located within the northeasterly portion of that property described in Exhibit "B" attached hereto and by this reference incorporated herein. 5721821 WARRANTY DEED In the Matter of Primary State Highway No.1, Foster Interchange to South UBth Street. KNOW ALL MEN BY THESE PRESENTS, That the Grantor' e) Ted GUSa and Mary GusA, husband end wife l'' for and in consideration of the sum of - - - TEN AND N0/100 - - 010.0O) - - - - - - - Dollars, and othor valuable consideration • hereby convey and warrant- to the State of Washington, the following described real estate situ - ated'in 'King County, in the State of Washington: . All that portion of Tract 16, Fostoria Garden Tractn, according to plat recorded in Volume 9 of Plate, page .95, in King °minty, Washington, lying northwesterly and north - easterly of the following described liner • Beginning at a point 'on the FC line of Primary State :Highway No. 1 Foster Interchange to South 118th Street at Highway Engineer's- Station P.•C..FC 6 + 58 .60, said 'station being the point of beginning of the above described FC lino, thence southwesterly at .right angles to said PC line a distance of 35 foot, thence northwesterly on a curve and • 35 fort distance and parallel with said line to the northeasterly boundary lino of . Tract 16, and the and of this lino description. The lands bet -q conveyed herein contain an area of 9066 square feet, 'more-or leas the specific details concerning all of which are to be found within that certain map of definite location now of record and on file in the office of the Director of Highways at Olympia and. bearing, date of ap- proval September lt, 1963, revised December 17,•1963/and' the center line ' of which is also shown of rocord in Volume 3 of Highway plats, raze - 67,•reoor i ;of6,said County. ALSO, the grantors herein convey and warrant to the State of;Wdaahington all rights of in;ress and ogreen ( including all existing',. future or potential easomonts'of access, light, view and air ) to, from and between Primary, State Highway No. 1,, Foster Intor- change to South 118th Street,.. and the remainder of said' Tract 14 EXCEPT, that the crantore herein reserve for themselves, their heirs, ducceasora••or assignes, the right of reasonable access to the FC line and South.1.314th Place of said Highway, and the rem- ainder of said Tract 16 southeasterly from Highway Engineer's Station P'0.7 + 50, more or loss.. . It is understood and agreed that the delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department of Highways, by the Chief Right of Way Agent. Doted this...:- 11th dn o Marsh. 1964 1 • J f (a- ..._... Accepted and approved..... -.. . ...� ...........�...1....;....... 0 STA E OF WASHINGTON F.F NT Or HIGHWAYS Bye, J ...t� /�!�!v''�- `••:•'��!'1.�c!� Chief Right of Way Ape+ unr.�•m�...uv I, the unciersigme a notary public in and for the State' of Washington,' heribi;certify that on this ' to me known to be the individual.A. described in and who executed Me :foregoing instrument, end,ac- --- ACILYV•eipd purposes therein mentioned. . knowledged that_t4O.Y__signed an'si sealed the same as_tillidi-._.::free a nd voluntary act and daed, for • .4."'• ,,- ..%•!` •1:-- my hand and official seal the day and year t at; . ... .. ' ':'.• 5'':„. --Vizi . tarp Pliblic in and for Residing at 494tta0 On this to me known to'be day of __before' me personally appeared' .... of the corporation that executed the foregoing instrument, free and voluntary act and deed of said corporation, for on oath stated that ' — _authorized affixed is the corporate seal of said corporatism. Given under my hand and official seal the day and year last above written. .____ ancL.: , • . and acknowledged said inetrument to be the the uses and purpoees.titereln mentioned, and ' to execute said instrunient and that the seal . i.: . Notary Public in and for the State of Washington. ....... •sORDEO • and in consideration of the 'sum of In the. Mutter of Mary KNOW ALL MEN BY, THESE PRESENTS, That the Grantor; ' Ruth wilkins Ruth Troup, as her separate ,estate. State Nip hwo No,.1 a `tO 3oul� 118th Street hereby conveys ing all existing, Primary in KING and other valuable 0000neiderat.an and warrant a to the State of Washington, all rights of ingress and egress (includ- future or potential easements of access, light, view and 'air) to, from and between State Highway No.1, Footer Interchange to South 118th Street and the following described property abutting thereon, situated County, Washington . I it Dollars, All that portion of Traot 17, Fostoria Garden Traota, a000rding to plat recorded in Volume y of plate, page Y5, in Icing County, Washington, lying south of South 133rd Street, as conveyed to Xing Countir by deed reoorded under auditor's file.No.•1006280, EXCEFT that portion lying westerly of a point on the Northerly boundary line of the property herein deeoribdd, which :point to 100. feet East of and at right angles to highway Fgineerl's . Station PC. 20+07. • i %.. It is expressly intended that these covenants, burdens and restrictions shall 'run with the 'heretofore • described land and shall forever, bind the grantors; their,sticceaaars and assigns. • . 4 . - •s' ?:; •,. ;< ;;- ' • PARCEL 1 -2163 • It is understood and agreed that the delivery 'of •thin dez d ie''hetiby ;tendered and that the' terns and obligations hereof shall net becoma binding upon the, State of Washington'unless and .until accepted and approved hereon in writing for the'Stati of Washington; Departri►ent'of •7lighways, by the Chief ' 4"." Right of Way Agent. :. ,a• , ,�;,:.:,, • Dated 0...la........_._23r4 .._.day of, N&.LI i • Accepted and approv. d_T '../_ _ ._._r..._- By STA DTP WASHINGTON or HIGHWAYS x:11 Chief Right of Way Ap STATE Or WASHINGTON, 1t KING y 81. County of..... JJjj 1, the undersigned, a notary public in and for the State of Washington, hereby certify that on this 23rd day of _..._...._.. March, 14 #...._....__. personally appeared before me RUTH l•IIIXIN3 to me known to be the individual described in and who executed the foregoing instrument, and ac- knowledged that.....ahe ,signed and sealed the same aa_..AX'...__..free and voluntary act and deed, for the uses and purposes. therein mentioned. .Given under my hand and official seal the day and year last abo ; tten. } i : `,+� r . • -. . A • Rotary Public in a for. the State of Washington, • • e N 'hlwt • y mob: • : A O sl! Residing at Scheele When Recorded Return To: Kenneth C. Rowe Oppenheimer Wolff & Donnelly LLP 3300 Plaza VII 45 South Seventh Street Minneapolis, Minnesota 55402 (612) 607 -7000 20040721001426 CHICAGO TITLE DT 98 00 PAGE001 OF 041 07/21/2004 10 41 KING COUNTY, UA 11 20040721001426.00 Document Title DEED OF TRUST AND SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT WITH ASSIGNMENT OF LEASES AND RENTS Grantor FOSTORIA PARK ASSOCIATES, L.L.C., a Washington limited liability company Grantee/Beneficiary IDS LIFE INSURANCE COMPANY, a Minnesota corporation Legal Description (Abbreviated: i.e , lot, block, plat or section, township, range) Lot 31 c..t o*-- 4-0KwOLIc..,, e Pica,-- 1 41- uo S S 2)00-t2.4- 0S6'� © Additional legal on Exhibit "A" v . GI p q S Assessor's Property Tax Parcel/Account Numbers: 2613200086/261320008608 C� \ -tv - V r)471 3407/1022;07/14 /04 SECTION 20040721001426.00 TABLE OF CONTENTS HEADING PAGE ARTICLE 1 GENERAL REPRESENTATIONS AND WARRANTIES .4 SECTION 1 1 Representanons and Warranties... . . 4 SECTION 1 2 Continuing Obligation 6 ARTICLE 2 COVENANTS AND AGREEMENTS 7 SECTION 2.1 Payment of Indebtedness; Observance of Covenants SECTION 2 2 Maintenance; Repairs 7 SECTION 2.3 Payment of Operating Costs, Liens, and Other Indebtedness. 7 SECT/ON 2.4 Payment of Impositions. 8 SECTION 2 5 Contest of Liens and Impositions .. 8 SECTION 26 Protection of Secunty 8 SECTION 27 Annual Statements 9 SECTION 2 8 Additional Assurances SECTION 2 9 Due On Sale Or Mortgaging, Etc 10 SECTION 2.10 Maintenance of Existence ... 14 ARTICLE 3 INSURANCE AND ESCROWS ... ..... ..... .15 SECTION 3 1 Insurance .15 SECTION 3.2 Escrows 16 ARTICLE 4 UNIFORM COMMERCIAL CODE .17 SECTION 4.1 Secunty Agreement. 17 SECTION 4.2 Fixture Filing 18 SECTION 43 Representations and Agreements. . 18 SECTION 44 Maintenance of Premises.. . 19 ARTICLE 5. APPLICATION OF INSURANCE AND AWARDS .20 SECTION 5 1 Damage or Destruction of the Premises. 20 SECTION 5 2 Condemnation 20 SECTION 5 3 Disbursement of Insurance and Condemnation Proceeds ........ 21 SECTION 5 4 Beneficiary to Make Insurance Proceeds Available 22 ARTICLE 6 LEASES AND RENTS . 23 SECTION 61 Leases. 23 SECTION 62 Beneficiary's Right To Perform Under Leases. 23 SECTION 6.3 Assignment of Leases and Rents 24 ARTICLE 7. RIGHTS OF BENEFICIARY 25 SECTION 7 I Right to Cure Event of Default 25 SECTION 72 No Claim Against Beneficiary . ..... . .... 25 SECTION 7.3 Inspection ..... . . 26 SECTION 7.4 Waivers; Releases; Resort to Other Security, etc 26 SECTION 7 5 Rights Cumulative. . ... . 26 SECTION 7 6 Subsequent Agreements. 26 SECTION 77 Waiver of Appraisement, Homestead, Marshaling 26 SECTION 7 8 Business Loan Representation SECTION 7.9 Dishonored Cbecks. ..... ... 27 3407/1022,07/14/04 - - 20040721001426.00 ARTICLE 8. EVENTS OF DEFAULT AND REMEDIES 27 SECTION 8.1 Events of Default 27 SECTION 8.2 Beneficiary's Right to Accelerate. 28 SECTION 8 3 Remedies of Beneficiary and Right to Foreclose. 28 SECTION 8.4 Receiver 29 SECTION 8 5 Rights Under Umform Commercial Code 29 SECTION 8 6 Right to Discontinue Proceedmgs 29 SECTION 8.7 Waivers .... ... 30 SECTION 8.8 The Beneficiary's Right of Possession Under an Event of Default 30 SECTION 8 9 Application of Income Received by the Beneficiary ............31 ARTICLE 9. MISCELLANEOUS ... 31 SECTION 9 1 Release of Deed of Trust .. ».. 31 SECTION 9 2 Choice of Law .32 SECTION 9.3 Successors and Assigns 32 SECTION 9.4 Partial Invalidity 32 SECTION 9 5 Captions and Headmgs 32 SECTION 9.6 Notices... 32 SECTION 9 7 Building Use 33 SECTION 9 8 Management of the Premises. .. .33 SECTION 9 9 Amendment /Modification........... 33 SECTION 9.10 Substitution of Trustee. 33 SECTION 9.11 Representations of Grantor. .. 33 SECTION 912 Beneficiary's Expense . 33 SECTION 9 13 Beneficiary's Right to Counsel . 34 SECTION 9 14 Other Representations and Warranties. 34 SECTION 9.15 Limitation of Interest. 35 SECTION 9 16 Tune of the Essence .... 35 SECTION 9.17 Survival of Representations Warranties and Covenants 35 SECTION 9.18 Waiver of Jury Trial... .... 35 SECTION 9 19 Minimum Requirement. 36 SECTION 9 20 Consents by Beneficiary 36 SECTION 9 21 Non - Agricultural Use . 36 SECTION 9 22 Oral Agreements. 36 3407/1022,07/14 /04 ZUU4U /Z1 UU14Zb.U0O DEED OF TRUST AND SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT WITH ASSIGNMENT OF LEASES AND RENTS THIS Indenture ( "Deed of Trust ") is made and delivered as of the 621*1 day of July, 2004 by FOSTORIA PARK ASSOCIATES, L.L.C., a Washington Iimited liability company ( "Grantor"), having a mailing address of c/o ESM Properties, 15100 S.E. 38th Street, #792, Bellevue, Washington 98006, to CHICAGO TITLE INSURANCE COMPANY ( "Trustee "), whose post office address is 701 Fifth Avenue, Suite 3400, Seattle, Washington 98104, for the benefit of IDS LIFE INSURANCE COMPANY, a Minnesota corporation ("Beneficiary"), having a mailing address of c/o American Express Financial Corporation, 25540 AXP Financial Center, Minneapolis, Minnesota 55474. WITNESSETH, that Grantor, in consideration of the Indebtedness (hereinafter described) and the sums advanced to Grantor in hand paid by Beneficiary, receipt whereof is hereby acknowledged, does hereby GRANT AND CONVEY unto Trustee, its successors and assigns, forever, in trust for the benefit of Beneficiary with power of sale and nght of entry and possession, AND GRANTS TO BENEFICIARY A SECURITY INTEREST IN the following properties now owned or hereafter acquired by Grantor to secure (a) payment of the Note (as hereinafter defined) and all amounts owing under the Note and any documents securing the Note; and (b) due, prompt and complete observance and performance of each and every obligation, covenant and agreement of Grantor contained in the Note, this Deed of Trust and any other "Loan Documents" (as hereinafter defined) (all of the following being hereafter collectively referred to as the `Premises "): GRANTING CLAUSE A REAL PROPERTY All the tracts or parcels of real property lying and being in the County of King, State of Washington, all as more fully described in Exhibit "A" attached hereto and made a part hereof, together with all the estates and rights in and to the real property, water, mineral or oil rights and in and to lands lying in streets, alleys and roads or gores of land adjoining the real property and all buildings, structures, improvements, fixtures and annexations, access rights, easements, rights of way or use, servitudes, licenses, tenements, hereditaments and appurtenances now or hereafter belonging or pertaining to the real property and all proceeds and products derived therefrom whether now owned or hereafter acquired; and 3407/1022,07/14 /04 20040721001426.00 GRANTING CLAUSE B IMPROVEMENTS, FIXTURES, EQUIPMENT AND PERSONAL PROPERTY All buildings, equipment (including Grantor's interest in any lease of such equipment), fixtures, improvements, building supplies and materials and personal property now or hereafter attached to, located in, placed in or necessary to the use, operation or maintenance of the improvements on the Premises including, but without being limited to, all machinery, fittings, fixtures, apparatus, equipment or articles used to supply heating, gas, electricity, air conditioning, water, light, waste disposal, power, refrigeration, ventilation, and fire and sprinkler protection, as well as all elevators, escalators, overhead cranes, hoists and assists, and the like, and all furnishings, supplies, draperies, maintenance and repair equipment, window and structural cleaning rigs and equipment, floor coverings, appliances, screens, storm windows, blinds, awnings, shrubbery and plants (it being understood that the enumeration of specific articles of property shall in no way be held to exclude items of property not specifically enumerated), as well as renewals, replacements, proceeds, additions, accessories, increases, parts, fittings, insurance payments, awards and substitutes thereof, together with all interest of Grantor in any such items hereafter acquired, and all personal property which by the terms of any lease shall become the property of Grantor at the tennination of such lease, all of which personal property mentioned herein shall be deemed fixtures and accessory to the freehold and a part of the realty and not severable in whole or in part without material injury to the Premises, but excluding therefrom the removable personal property owned by tenants in the Premises; and GRANTING CLAUSE C RENTS, LEASES AND PROFITS All rents, issues, income, revenue, receipts, fees, and profits now due or which may hereafter become due under or by virtue of and together with all right, title and interest of Grantor in and to any lease, license, sublease, contract or other kind of occupancy agreement, whether written or verbal, for the use or occupancy of the Premises or any part thereof together with all security therefor and all monies payable thereunder, including, without limitation, tenant security deposits, and all books and records which contain mformation pertaining to payments made thereunder and security therefor, subject, however, to the conditional permission herein given to Grantor to collect the rents, income and other normal income benefits arising under any agreements. Beneficiary shall have the right, not as a limitation or condition hereof but as a personal covenant available only to Beneficiary, at any time and from time to time, to notify any Iessee of the rights of Beneficiary hereunder. Together with all right, title and interest of Grantor in and to any and all contracts for sale and purchase of all or any part of the property described in Granting Clauses (A), (B) and (C) hereof, and any down payments, earnest money deposits or other sums paid or deposited in connection therewith; and 3407/1022,07/14 /04 - 2 - 20040721001426.00 GRANTING CLAUSE D JUDGMENTS, CONDEMNATION AWARDS, INSURANCE PROCEEDS, AND OTHER RIGHTS All - awards, compensation or settlement proceeds made by any governmental or other lawful authorities for the threatened or actual taking or damaging by eminent domain of the whole or any part of the Premises, including any awards for a temporary taking, change of grade of streets or taking of access, together with all insurance proceeds resulting from a casualty to any portion of the Premises; all rights and interests of Grantor agamst others, including adjoining property owners, arising out of damage to the property including damage due to environmental injury or release of hazardous substances; and GRANTING CLAUSE E LICENSES, PERMITS, EQUIPMENT LEASES AND SERVICE AGREEMENTS All right, title and interest of Grantor in and to any licenses, permits, regulatory approvals, government authorizations, franchise agreements and equipment or chattel leases, service contracts or agreements, tradenames, any and all other intangibles, including general intangibles, and all proceeds therefrom, arising from, issued in connection with or in any way related to the use, occupancy, operation, maintenance or security of the Premises, together with all replacements, additions, substitutions and renewals thereof, which may be assigned pursuant to agreement or law; and GRANTING CLAUSE F PROCEEDS All sale proceeds, refinancing proceeds or other proceeds, including deposits and down payments derived from or relating to the property described in A through E above. AND GRANTOR for Grantor, Grantor's administrators, personal representatives, successors and assigns, covenants with Beneficiary, its successors and assigns, that Grantor is lawfully seized of the Premises and has good right to sell and convey the same; that the Premises are free from all encumbrances except as may be set forth in the ALTA Loan Policy to be issued to Beneficiary and insuring the first lien position of this Deed of Trust (hereinafter referred to as the `Permitted Encumbrances "); that Beneficiary, its successors and assigns, shall quietly enjoy and possess the Premises; and that Grantor, its successors and assigns, will WARRANT AND DEFEND the title to the same against all lawful claims not specifically excepted in this Deed of Trust. TO HAVE AND TO HOLD THE SAME, unto Trustee for the benefit of Beneficiary, its successors and assigns, forever. 3407/1022;07/14 /04 - 3 - 20440721001426.00i PROVIDED NEVERTHELESS, that if Grantor, Grantor's administrators, personal representatives, successors or assigns, shall pay to Beneficiary, its successors or assigns, the sum of Two Million Two Hundred Thousand and 00 /100 Dollars ($2,200,000.00), according to the terms of that certain Promissory Note in said principal amount (hereinafter referred to as the "Note ") of even date herewith executed by Grantor and payable to Beneficiary, the terms and conditions of which are incorporated herein by reference and made a part hereof, together with any extensions, modification, substitutions, replacements, consolidations or renewals thereof, due and payable with interest thereon as provided therein, the balance of said principal sum together with interest thereon being due and payable in any event on August 1, 2019, and shall repay to Beneficiary, its successors or assigns, at the times demanded and with interest thereon at the same rate specified in the Note, all sums advanced in protecting the lien of this Deed of Trust, in payment of taxes on the Premises, in payment of insurance premiums covering improvements thereon, in payment of principal and interest on prior liens, in payment of expenses and attorneys' fees herem provided for and all sums advanced for any other purpose authorized herein (the Note and all such sums, together with interest thereon, and prepayment premium, if any, being hereinafter collectively referred to as the "Indebtedness "), and shall keep and perform all of the covenants and agreements herein contained, then this Deed of Trust shall become null and void, and shall be released at Grantor's expense. Notwithstanding anything to the contrary set forth herein or in any other Loan Document, this Deed of Trust shall not secure the obligations of Grantor under the Indemnity Agreement, or the substantial equivalent of the obligations arising under the Indemnity Agreement. All of such obligations (or the substantial equivalents thereof) shall constitute the separate, unsecured full recourse obligations of Grantor and shall not be deemed to be evidenced by the Note, or secured by this Deed of Trust. AND IT IS FURTHER COVENANTED AND AGREED AS FOLLOWS: ARTICLE 1. GENERAL REPRESENTATIONS AND WARRANTIES SECTION 1.1 Representations and Warranties. Grantor represents and warrants to Beneficiary, its successors and assigns that as of the date hereof. (a) Grantor is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Washington, and has all requisite power and authonty to own and operate the Premises, to enter into the Note, this Deed of Trust, the Assignment of Leases and Rents of even date herewith ( "Assignment of Leases "), the Hazardous Materials or Wastes Indemnity Agreement dated of even date herewith ( "Indemnity Agreement ") and any other document securing the Note, to execute all other documents relating to the Indebtedness and make all representations, warranties and covenants contained in such documentation. The Note, this Deed of Trust, the Assignment of Leases, all UCC Financing Statements, the Indemnity Agreement and all other documents, instruments and agreements relating to any of them or evidencing or securing the Indebtedness are herein sometimes collectively referred to as the "Loan Documents." Grantor has 3407/1022;07/14 /04 - 4 - (b) (c) 20040721001426.00 the power and authority to borrow the monies and otherwise assume and perform as contemplated hereunder and under the Loan Documents, and is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to it. Neither the borrowing of the monies nor the execution and delivery of the Loan Documents nor the performance of the provisions of the agreements therein contained on the part of Grantor will contravene, violate or constitute a default under the Articles of Organization or the Operating Agreement of Grantor, or any agreement with the members or managers of Grantor, or any creditors of Grantor, or any law, ordinance, governmental regulation, agreement or indenture to which Grantor is a party or by which Grantor or Grantor's properties are bound. There are no (i) bankruptcy proceedings involving Grantor and none is contemplated; (ii) dissolution proceedings involving Grantor and none is contemplated; (ui) unsatisfied judgments of record against Grantor; or (iv) tax liens filed against Grantor. (d) The Loan Documents have been duly executed and delivered by Grantor and constitute the legal, valid and binding obligations of Grantor, enforceable in accordance with their terms, except as to enforcement of remedies, as may be limited by bankruptcy, insolvency or similar laws affecting generally the exercise and enforcement of creditor's rights and remedies. (e) There are no judgments, suits, actions or proceedings at law or in equity or by or before any governmental instrumentality or agency now pending against or, to the best of Grantor's knowledge, threatened against Grantor or its properties, or both, nor has any judgment, decree or order been issued against Grantor or its properties, or both, which would have a material adverse effect on the Premises or the financial condition of Grantor or Grantor's properties. No consent or approval of any regulatory authority having jurisdiction over Grantor is necessary or required by law as a prerequisite to the execution, delivery and performance of the terms of the Loan Documents. Grantor is not, as of the date hereof, in default in the payment or performance of any of Grantor's obligations in connection with borrowed money or any other major obligation. The Premises is free from any mechanics' or materialmen's liens or claims. There has been no labor or materials furnished to the Premises that has not been paid for in full. Grantor has no notice, information or knowledge of any change contemplated in any applicable law, ordinance, regulation, or restriction, or any judicial, administrative, governmental or quasi - governmental action, or any action by adjacent land owners, or natural or artificial condition existing upon the Premises 3407/1022;07/14 /04 - 5 - 20040721001426.00' which would limit, restrict, or prevent the contemplated or intended use and purpose of the Premises. There is no pending Condemnation (as defined in Section 5.2 hereof) or similar proceeding affecting the Premises, or any portion thereof, nor to the best knowledge of Grantor, is any such action being presently contemplated. No part of the Premises is being used for agricultural or farming purposes or being used for a personal residence by Grantor or any member or manager of Grantor. The Premises is undamaged by fire, windstorm, or other casualty. The Premises complies with all zoning ordinances, energy and environmental codes, building and use restrictions and codes, and any requirements with respect to licenses, permits and agreements necessary for the lawful use and operation of the Premises. (n) The heating, electrical, sanitary sewer plumbing, storm sewer plumbing, potable water plumbing and other building equipment, fixtures and fittmgs in the existing improvements on the Premises are in good condition and working order, are adequate in quantity and quality for normal and usual use, and are fit for the purposes intended and the use contemplated. (o) The Premises is covered by one or more tax parcels which pertain to the Premises only and not to any property which is not subject to this Deed of Trust. The Premises is improved with two (2) industrial buildings and related parking, and has frontage on, and direct access for ingress and egress to South 134m Place. (q) Grantor has good and clear record and marketable title in fee to such of the Premises as is real property, subject to no liens, encumbrances or restrictions other than Permitted Encumbrances. (p) SECTION 1.2 Continuing Obligation. Grantor further warrants and represents that all statements made hereunder are true and correct and that all financial statements, data and other information provided to Beneficiary by Grantor relating to or provided in connection with this transaction has not and does not contain any statement which, at the time and in the light of the circumstances under which it was made, would be false or misleading with respect to any material fact, or would omit any material fact necessary rn order to make any such statement contained therein not false or misleading in any material respect, and since such statement, data or information was provided there has been no material change thereto or to the condition of Grantor. Should Grantor subsequently obtain knowledge that such representation was or is untrue, Grantor shall immediately notify Beneficiary as to the untrue nature of said representation and agrees to take action as may be necessary to cause such representation to become true. 3407/1022,07/14 /04 - 6 - LUU4UILIUV 14LO.V Il ARTICLE 2. COVENANTS AND AGREEMENTS Grantor covenants and agrees for the benefit of Beneficiary, its successors and assigns, as follows: SECTION 2.1 Payment of Indebtedness; Observance of Covenants. Grantor will duly and punctually pay each and every installment of principal, premium, if any, and interest on the Note, all deposits required herein, and all other Indebtedness, as and when the same shall become due, and shall duly and punctually perform and observe all of the covenants, agreements and provisions contained herein, in the Note and any other Loan Documents, as such instrument may be amended, modified, restated and in effect from time to time. SECTION 2.2 Maintenance: Repairs. Grantor agrees that it will keep and maintain the Premises in good, first class condition, repair and operating condition free from any waste or misuse, and will comply with all requirements of law, municipal ordinances and regulations, restrictions and covenants affecting the Premises and their use, and will promptly repair or restore any buildings, improvements or structures now or hereafter on the Premises, which may become damaged or destroyed, to their condition prior to any such damage or destruction. Grantor further agrees that without the prior written consent of Beneficiary, it will not remove or expand any improvements on the Premises, erect any new improvements or make any material alterations in any improvements which will alter the basic structure, adversely affect the market value or change the existing architectural character of the Premises, and agrees that any other buildings, structures and improvements now or hereafter constructed on or in the Premises or repairs made to the Premises shall be completed in a good and workmanlike manner, in accordance with all applicable governmental laws, regulations, requirements and permits and in accordance with plans and specifications previously delivered to, and approved in advance and in writing by Beneficiary. Grantor agrees not to acquiesce in any rezoning classification, modification or restriction affecting the Premises without the written consent of Beneficiary. Grantor agrees that it will not abandon or vacate the Premises Grantor agrees that it will provide, improve, grade, surface and thereafter maintain, clean, repair and adequately light all parking areas within the Premises, together with any sidewalks, aisles, streets, driveways and curb cuts and sufficient paved areas for ingress and right -of -way to and from the adjacent public thoroughfare necessary or desirable for the use thereof and maintain all landscaping thereon. Grantor shall obtain and at all times keep in full force and effect such governmental approvals as may be necessary to comply with all governmental requirements relating to Grantor and the Premises. SECTION 2.3 Payment of Operating Costs, Liens; and Other Indebtedness. Grantor agrees that it will pay all operating costs and expenses of the Premises; keep the Premises free from mechanics' liens, matenalmen's liens, judgment liens and other liens, executions, attachments or levies (hereinafter collectively referred to as "Liens "); and will pay when due all permitted indebtedness which may be secured by mortgage, lien or charge on the 3407/1022,07/14 /04 - 7 - 20040721001426.01' Premises whether prior to, subordinate to, or of equal priority with the lien hereof, and upon request will exhibit to Beneficiary satisfactory evidence of such payment and discharge. SECTION 2.4 Payment of Impositions. Grantor will pay when due and before any penalty or interest attaches because of delinquency in payment, all taxes, installments of assessments, water charges, sewer charges, and other fees, taxes, charges and assessments of every kind and nature whatsoever assessed or charged against or constituting a lien on the Premises or any interest therein or the Indebtedness (hereinafter referred to as the "Impositions "), and will upon demand furnish to Beneficiary proof of the payment of any such Impositions. In the event of a court decree or an enactment after the date hereof by any legislative authority of any law imposing upon a beneficiary the payment of the whole or any part of the Impositions herein required to be paid by Grantor, or changing in any way the laws relating to the taxation of deeds of trust or debts secured by deeds of trust or a beneficiary's interest in mortgaged premises, so as to impose such Imposition on Beneficiary or on the interest of Beneficiary in the Premises, then, in any such event, Grantor shall bear and pay the full amount of such Imposition, provided that if for any reason payment by Grantor of any such Imposition would be unlawful, or if the payment thereof would constitute usury or render the Indebtedness wholly or partially usurious, Beneficiary, at its option, may declare the whole sum secured by this Deed of Trust with interest thereon to be immediately due and payable, without prepayment fee, or Beneficiary, at its option, may pay that amount or portion of such Imposition as renders the Indebtedness unlawful or usurious, in which event Grantor shall concurrently therewith pay the remaining lawful and non - usurious portion or balance of said Imposition. SECTION 2.5 Contest of Liens and Impositions. Grantor shall not be required to pay, discharge or remove any Liens or Impositions so long as Grantor shall in good faith contest the same or the validity thereof by appropriate legal proceedings which shall operate to prevent the collection of the Liens or Impositions so contested and the sale of the Premises, or any part thereof to satisfy the same, provided that Grantor shall, pnor to any such contest, have given such security as may be required by Beneficiary to ensure such payments and prevent any sale or forfeiture of the Premises by reason of such nonpayment. Any such contest shall be prosecuted in accordance with the laws and rules pertaining to such contests and in all events with due diligence and Grantor shall promptly after final determination thereof pay the amount of any such Liens or Impositions so determmed, together with all interest and penalties, which may be payable in connection therewith. Notwithstanding the provisions of this Section, Grantor shall (and if Grantor shall fail so to do, Beneficiary, may but shall not be required to) pay any such Liens or Impositions notwithstanding such contest if in the opinion of Beneficiary, the Premises shall be in jeopardy or in danger of being forfeited or foreclosed. SECTION 2.6 Protection of Security. Grantor agrees to promptly notify Beneficiary of and appear in and defend any suit, action or proceeding that affects the value of the Premises, the Indebtedness or the rights or interest of Beneficiary hereunder. Beneficiary may elect to appear in or defend any such action 3407/1022,07/14 /04 - 8 - 20040721001426.01: or proceeding (including deficiency judgment proceedings) and Grantor agrees to indemnify and reimburse Beneficiary from any and all loss, damage, expense or cost arising out of or incurred in connection with any such suit, action or proceeding, including without limitation costs of evidence of title and attorneys' fees. SECTION 2.7 Annual Statements. Within ninety (90) days after the end of each of its fiscal years during the term of this Deed of Trust, Grantor, and any successor to the interest of Grantor in the Premises, will furnish to Beneficiary annual certified financial statements of Grantor or such successor and of any guarantor of the loan and annual certified operating statements of the Premises, which shall include all relevant financial information showing at a minimum, but shall not be Limited to, gross income (itemized as to source), operating expenses (itemized), depreciation charges, and net income before and after federal income taxes and such additional information as Beneficiary may from time to time request. The fmancial statements and operating statements shall be prepared and certified by the managing member of Grantor or by the guarantor, as the case may be. Both the financial and operating statements shall be prepared at no expense to Beneficiary. All of the above required statements shall be prepared in reasonable detail, conform to generally accepted accounting pnnciples, and be satisfactory in form and content to Beneficiary. Grantor, or any successor Grantor if the Premises are conveyed pursuant to a transfer permitted by Beneficiary, shall provide (a) as to a corporate entity, such entity shall submit annual certified financial statements of the corporation and any supplemental schedules provided stockholders or officers, (b) as to an individual(s), such mdividual(s) shall submit annual statements certified by each individual or by an independent certified public accountant in good standing and shall include a balance sheet and a profit and loss statement, and (c) as to a partnership, trust entity or limited liability company, the partnership, trust or limited liability company shall submit annual reports certified by an authorized partner, trustee or member. Grantor covenants that it shall keep true and accurate records of the operation of the Premises. In the event Grantor fails to furnish any of the above statements, or upon an Event of Default, Beneficiary may cause an audit to be made of the respective books and records at the sole cost and expense of Grantor. Beneficiary also shall have the right to examine at their place of safekeeping all books, accounts and records relating to the operation of the Premises, to make copies or abstracts therefrom, and to discuss the affairs, finances or accounts with the members, managers and employees of Grantor and its accountants. Said examination shall be at Beneficiary's expense unless an Event of Default has occurred or Grantor's statements are found to contain significant discrepancies, in which case the examination shall be at Grantor's expense. Grantor shall also finish a rent roll in form acceptable to Beneficiary of all tenants having leases on the Premises on an annual basis along with the operating statements provided for above or at such other tunes as requested by Beneficiary from time to time. SECTION 2.8 Additional Assurances Grantor agrees upon request by Beneficiary to execute and deliver further instruments, financing statements and/or continuation statements under the Uniform Commercial Code and assurances and will do such further acts as may be necessary or proper to carry out more effectively the purposes of this Deed of Trust and without limiting the foregoing, to make subject to the lien hereof any property agreed to be subjected hereto or covered by the granting clauses 3407/1022,07/14 /04 - 9 - 20040721001426.01'2 hereof, or intended so to be. Grantor agrees to pay any recording fees, filing fees, stamp taxes or other charges arising out of or incident to the filing, the issuance and delivery of the Note, the filing or recording of this Deed of Trust and the Assignment of Leases or the delivery, filing and recording of such further assurances and instruments as may be required pursuant to the terms of this Section. SECTION 2.9 Due On Sale Or Mortgaging, Etc. In the event that without the written consent of Beneficiary being first obtained: (a) Grantor sells, conveys, transfers, further mortgages, changes the form of ownership, or encumbers or disposes of the Premises, or any part thereof, or any interest therein, or agrees so to do; or (b) any member interest in Grantor is sold, conveyed, transferred, pledged or encumbered or there is an agreement so to do; whether any such event described in (a) or (b) above is voluntary, mvoluntary or by operation of law, then at Beneficiary's sole option, Beneficiary may declare the Indebtedness immediately due and payable in full and call for payment of the same at once, together with the prepayment fee then in effect under the terms of the Note. In the event Grantor shall request the consent of Beneficiary in accordance with this Section 2.9 Grantor shall deliver a written request to Beneficiary together with (a) a review fee of Five Hundred and 00 /100 Dollars ($500 00) ( "Review Fee ") and (b) complete information . regarding such conveyance or encumbrance (including complete information concerning the person or entity to acquire the interest conveyed). Beneficiary shall be allowed thirty (30) days after receipt of all requested information for evaluation of such request. In the event that such request is not approved within such thirty (30) day period, it shall be deemed not approved. If such a conveyance or encumbrance is approved, Grantor shall pay to Beneficiary (a) a processing fee in the amount of Three Thousand and 00 /100 Dollars ($3,000.00) ( "Processing Fee ") to compensate Beneficiary for processing the request and (b) a good faith deposit in the amount of Five Thousand and 00 /100 Dollars ($5,000.00) (the "Good Faith Deposit ") which shall be returned to Grantor upon completion of the transaction in accordance with Beneficiary's requirements. Approval may be conditioned upon payment of a transfer fee in the amount of one percent (1 %) of the then outstanding pnncipal balance of the Note ( "Transfer Fee ") and such modifications of the loan terms, interest rate, and maturity date as determined by Beneficiary in its sole discretion. Consent as to any one transaction shall not be deemed to be a waiver of the right to require consent to future or successive transactions. If Grantor requests consent to a transfer or encumbrance in the first (1st) Loan Year (as defined in the Note), and Beneficiary approves such request, Grantor shall pay a fee equal to one percent (1 %) of the then outstanding principal balance in addition to the Review Fee, the Processing Fee and the Transfer Fee as provided above. If the Premises should be transferred to a partnership, to a trust, to a privately held corporation or to a limited liability company pursuant to the terms of this Section 2.9 dunng the term of this Deed of Trust, thereafter a subsequent transfer of a partnership interest, a beneficial interest, a corporate stock interest or a member interest in either the successor entity or in any entity which holds an ownership interest in such successor entity shall constitute a conveyance for purposes of this Section 2.9, and the consent of Beneficiary shall be required. The death of a partner, a beneficiary, a shareholder or a member of Grantor or of any entity which has an ownership interest in Grantor or any successor entity to Grantor or any entity which holds an 3407/1022,07/14 /04 - 10 - 20040721001426.01 ownership interest in such successor entity shall constitute a conveyance for purposes of this Section 2.9. In the event of such death, Grantor covenants to (a) give Beneficiary written notice of such death within thirty (30) days and (b) provide a replacement person acceptable to Beneficiary in its sole discretion within ninety (90) days after such death. If such replacement person is acceptable to Beneficiary, such transfer shall be permitted without payment of the foregoing Review Fee, Processing Fee or Transfer Fee and without change in the loan terms. Notwithstanding the above restrictions, and provided no Event of Default, as defined herein, nor event of which the passage of time or giving of notice or both would become such an Event of Default, has occurred hereunder or under the Loan Documents and is continuing hereunder: (a) Beneficiary shall not withhold its consent to transfers by the existing members of Grantor of membership interests in the Grantor, provided that (i) the cumulative membership interest percentage in Grantor so transferred during the term of this Deed of Trust shall not exceed twenty -five percent (25 %), (ii) Robert S. Levinson (the "Guarantor") shall at all times maintain an ownership interest in Grantor, (iii) Beneficiary shall be provided with current financial information (reflecting the current assets) of the Guarantor, (iv) the Guarantor continues to be liable pursuant to the terms of the Guaranty and the Indemnity Agreement, (v) Beneficiary has been given thirty (30) days pnor written notice of such transfer, (vi) prior to such transfer Beneficiary shall have received copies of all transfer documents and all such other documentation or information as Beneficiary deems necessary, which documentation or information shall be satisfactory in all respects to Beneficiary, and (vii) Beneficiary's out -of- pocket expenses, including attorneys' fees are paid by Grantor. In the event that the Guarantor shall transfer his ownership interest in Grantor to a trust for the benefit of such Guarantor's immediate family members in accordance with the terms hereof, the Beneficiary shall require that the trust (or the trustee, on behalf of the trust, if applicable under local law) join in the Guaranty and the Indemnity Agreement which have been executed by the Guarantor. (b) Beneficiary shall not withhold consent to a transfer of the Premises to another single asset entity, without modification of the terms of the loan secured by this Deed of Trust and in addition to the one -time transfer provided for in Section 2.9(a) above, provided the following conditions have been met: {1) Written notice of such transfer together with such documentation regarding the transfer and the assuming person or entity as Beneficiary shall request shall be given to Beneficiary at least thirty (30) days prior to such transfer. The ownership interests in the new entity shall be the same as those ownership interests in the existing Grantor (measured by percentage of capital, allocation of profits and voting rights); 3407/1022,07/14 /04 - 11 - 20040721001426.01! (in) The assuming entity shall fully assume the obligation to pay the Note and otherwise perform the terms and conditions of the Loan Documents pursuant to an assumption agreement in form and content acceptable to Beneficiary. (iv) Grantor shall remain liable for payment of all sums due under the Note and performance of all other terms and conditions of the Loan Documents and Guarantor shall remain liable for all obligations under the terms of the Indemnity Agreement and the Guaranty. (v) Transfer of the Premises shall be as a whole and not as a part. (vt) Grantor (a) shall execute, deliver and record (when necessary) such amendments, supplements, corrections and replacements to the Loan Documents as Beneficiary may require, and (b) shall deliver such endorsements to Beneficiary's title insurance policy as Beneficiary may require including a downdate endorsement to the title insurance policy insuring (i) the first hen position of this Deed of Trust, subject to no liens or encumbrances other than those shown in the original title insurance pohcy and current taxes not yet due and payable, and (n) the fact that the transferee person or entity is the fee owner of the Premises. (vii) Lender shall have received an acceptable opinion of the transferee entity's counsel confirming that: (A) the transferee entity is duly organized, validly existing and in good standing under the laws of the state of its organization and, if different, the state where the Premises is located, and (13) all documentation executed in connection with such transfer, including the assumption agreement, have been duly authorized, executed and delivered and are enforceable in accordance with their terms. (viii) Grantor shall pay all costs and expenses incurred by Beneficiary, including attorneys' fees, in reviewing and processing such assumption and transfer. (c) Beneficiary shall not withhold consent to a one -time transfer of the Premises at any time and will not require modification of the interest rate or maturity date stated in the Note, provided all of the following conditions have been met: (i) The transfer shall be to a reputable and competent transferee who Beneficiary determines, in its sole judgment and discretion, (1) has experience in the business of owning commercial real estate of similar type, size and quality to the Premises and has a favorable reputation with respect to such business; and (2) has experience or has retained management with experience in the management of similar projects; and 3407/1022,07/14 /04 - 12 - (3) 20040721001426.01 has the necessary financial strength and will assume all of Grantor's obligations under the Loan Documents including, without limitation, the Indemnity Agreement. (n) For the twelve (12) month period immediately preceding the date of the proposed transfer the annualized Net Income, as defined below, prior to the payment of debt service is at least one hundred twenty -five percent (125 %) of the annual debt service on the Note and on all subordinate financing secured by the Premises or any part thereof. For the purposes hereof, the term "Net Income" for any period shall mean the aggregate rent, receipts and other revenues which shall have accrued to the benefit of the owner of the Premises during such period from bona fide arms- length tenants in actual possession of space in the Premises (based upon the then current certified rent roll), less the sum of all operating expenses, maintenance costs, management fees, insurance premiums, real estate taxes and assessments and other costs, expenses and expenditures (including required capital expenditures) attributable to ownership of the Premises accrued during such period, calculated in accordance with generally accepted accounting principles and management practices, but not including payments of principal or interest on the Indebtedness or on any secondary financing on the Premises, depreciation or other noncash charges and income taxes. Beneficiary shall have the right to require delivery of such evidence as it deems necessary to establish Net Income from the Premises. (iii) The proposed purchaser must acquire the entire Premises. Consent will not be granted for transfer of only part of the Premises. (iv) The proposed purchaser must assume and agree to perform all obligations under the Loan Documents pursuant to an assumption agreement acceptable to Beneficiary. Grantor shall remain liable for payment of all sums due under the Note and performance of all other terms and conditions of the Loan Documents. Guarantor shall remain liable for all obligations under the terms of the Indemnity Agreement and that certain Guaranty Agreement dated of even date herewith in favor of Beneficiary (hereinafter referred to as the "Guaranty"). (v) In addition to the Processing Fee and Review Fee, Beneficiary shall receive a Transfer Fee equal to one percent (1 %) of the outstanding principal balance of the Note. If a request for the one -time transfer is made during the first (1st) Loan Year and such transfer is approved by Beneficiary, the Transfer Fee shall be two percent (2 %) of the outstanding principal balance of the Note. (vi) The purchaser must acknowledge that future transfers and encumbrances will be subject to Beneficiary's approval, which may, at Beneficiary's sole 3407/1022,07/14 /04 - 13 - 4UU4U /Z1UU141b.U1 discretion, be withheld or be conditioned upon payment of a fee and/or modification of the terms of the Note and/or the other Loan Documents. (vii) Notice of such transfer together with such documentation regarding the transfer and the assuming person or entity as Beneficiary shall request shall be given to Beneficiary at least thirty (30) days prior to such transfer. (viii) Grantor shall pay all costs and expenses in connection with reviewing and processing such transfer, including Beneficiary's attorneys' fees and the fees of any broker. (ix) Grantor (a) shall execute, deliver and record (when necessary) such amendments, supplements, corrections and replacements to the Loan Documents as Beneficiary may require, and (b) shall deliver such endorsements to Beneficiary's title insurance policy as Beneficiary may require including a downdate endorsement to the title insurance policy insuring (i) the first hen position of this Deed of Trust, subject to no liens or encumbrances other than those shown in the original title insurance policy and current taxes not yet due and payable, and (ii) the fact that the transferee person or entity is the fee owner of the Premises. (x) Beneficiary shall receive an appraisal of the Premises (exclusive of chattels), in form and content satisfactory to Beneficiary, showing sufficient value of the Premises so that the total of all loans secured by the Premises does not exceed seventy -five percent (75 %) of such appraised value. If the appraisal shows that the total amount of debt secured by liens against the Premises exceeds seventy -five percent (75 %) of the value of the Premises, Beneficiary may require, at Beneficiary's option, a paydown of the Note or a paydown of the indebtedness secured by subordinate liens on the Premises so that such total will not exceed seventy -five percent (75 %) of value. (xi) The total debt to be secured by the Premises may not exceed the maximum permitted by Beneficiary. (xii) Beneficiary is in receipt of a copy of a fully executed purchase /sale contract for the Premises, which contract shows that the Indebtedness does not exceed seventy -five percent (75 %) of the purchase price. SECTION 2.10 Maintenance of Existence Grantor agrees to maintain its existence as a limited liability company under the laws of the State of Washington and not to dissolve, liquidate, wind -up, consolidate or merge during the term hereof, without the prior written consent of Beneficiary. 3407/1022,07/14/04 - 14 - ZUU4U 1 Z1 UU14'Lb.O1 t ARTICLE 3. INSURANCE AND ESCROWS SECTION 3.1 Insurance. During the term of tlus Deed of Trust, Grantor shall obtain and keep in full force and effect at its_sole cost and expense the following insurance: (a) Insurance against loss by fire, lightning and risk customarily covered by standard extended coverage endorsement, including the cost of debns removal, together with a vandalism and malicious mischief endorsement, sprinkler leakage endorsement, such penis endorsements as determined by Beneficiary, all in the amount of not less than the full replacement cost without deduction for depreciation of the improvements as shown in the appraisal submitted to and approved by Beneficiary, and an agreed- amount endorsement, a replacement cost endorsement and a waiver of subrogation endorsement; (b) (c) Broad Form Boiler and Machinery Insurance on all equipment and pressure fired vessels or apparatus situate on the Premises, and providing for full repair and replacement cost coverage, Flood Insurance in the maximum amount available at any time during the term of this Deed of Trust that the Premises are designated as lying within a flood plain as defined by the Federal Insurance Administration; (d) Loss of Rents and/or Business Interruption Insurance covering risk of loss due to the occurrence of hazards insured against under the policies required m Subsections (a), (b) and (c) hereof in an amount equal to: (0) rental for a twelve (12) month period, plus (n) real estate taxes, special assessments, insurance premiums and other expenses required to be paid by the tenants under each lease of the Premises for such twelve (12) month period; Comprehensive General Public Liability Insurance covenng the legal liability of Grantor against claims for bodily injury, death or property damage occurring on, in or about the Premises in such minimum amounts and with such minimum limits as Beneficiary may reasonably require; (e) (1) (g) Builders Risk Insurance and Worker's Compensation Insurance during the making of any alterations or improvements to the Premises; and Such other forms of insurance as Beneficiary may require or as may be required by law. In addition, Beneficiary is to be furnished with such engineering data as it may require regarding the risk of earthquake or sinkhole damage to the Premises. If Beneficiary shall determine in its sole opinion that there is a material earthquake or sinkhole risk, or if insurance against earthquake or sinkhole is required by law, Grantor will provide earthquake or sinkhole insurance. Such insurance policies shall be written on forms and with insurance companies 3407/1022;07/14 /04 - 15 - 1UU4U / 11 UU141b.01: which are satisfactory to Beneficiary, shall name as the insured parties Grantor and Beneficiary, as their interests may appear, shall be in amounts sufficient to prevent Grantor from becoming a co- insurer of any loss thereunder, and shall bear a satisfactory mortgagee clause in favor of Beneficiary with loss proceeds under any such policies to be made payable to Beneficiary. All required policies of insurance together with evidence of the payment of current premiums therefor shall be delivered to Beneficiary and shall provide that Beneficiary shall receive at least thirty. (30) days' advance written notice pnor to cancellation, amendment or termination of any such policy of insurance. Grantor shall, within ten (10) days prior to the expiration of any such policy, deliver evidence acceptable to Beneficiary, in its sole judgment, verifying the renewal of such insurance together with evidence of the payment of current premiums therefor. Grantor shall at its expense furnish on renewal of insurance policies or upon request of Beneficiary evidence of the replacement value of the improvements on the Premises m form satisfactory to Beneficiary on renewal of insurance policies or upon request of Beneficiary. Insurance coverage must at all times be maintained in proper relationship to such replacement value and must always provide for agreed amount coverage. In the event of a foreclosure of this Deed of Trust or any acquisition of the Premises by Beneficiary, all such policies and any proceeds payable therefrom, whether payable before or after a foreclosure sale, or during the penod of redemption, if any, shall become the absolute property of Beneficiary to be utilized at its discretion. In the event of foreclosure or the failure to obtain and keep any required insurance, Grantor empowers Beneficiary to effect insurance upon the Premises at Grantor's expense and for the benefit of Beneficiary in the amounts and types aforesaid for a period of time covering the time lapse of insurance including lapse during redemption from foreclosure sale, and if necessary, to cancel any or all existing insurance policies. Grantor agrees to furnish Beneficiary copies of all inspection reports and insurance recommendations received by Grantor from any insurer. Beneficiary makes no representations that the above insurance requirements are adequate protection for a prudent grantor. SECTION 3.2 Escrows. Grantor shall deposit with Beneficiary, or at Beneficiary's request, with its servicing agent, on the first day of each and every month, commencing with the date the first payment of interest and/or principal and interest shall become due on the Indebtedness, a deposit to pay the Impositions and insurance premiums (hereinafter collectively referred to as the "Charges ") in an amount equal to: (a) One - twelfth (1 /12th) of the annual Impositions next to become due upon the Premises; provided that, with the first such deposit, there shall be deposited in addition an amount as estimated by Beneficiary which, when added to monthly deposits to be made thereafter as provided for herein, shall assure to Beneficiary's satisfaction that there will be sufficient funds on deposit to pay the Impositions as they come due; plus (b) One - twelfth (1/12) of the annual premiums on each policy of insurance required to be maintained hereunder; provided that with the first such deposit there shall be deposited, in addition, an amount equal to one - twelfth (1/12) of such annual 3407/1022,07/14 /04 - 16 - 20040721001426.02 insurance premiums multiplied by the number of months elapsed between the date premiums on each policy were last paid to and including the date of deposit; provided that the amount of such deposits shall be based upon Beneficiary's estimate as to the amount of Impositions and premiums of insurance next to be payable and may require that the full amount of such payment will be available to Beneficiary at least one month in advance of the due date. .Beneficiary will, upon timely presentation to Beneficiary by Grantor of the bills therefor, pay the Charges from such deposits. Grantor agrees to cooperate and assist in obtaining of tax bills when requested by Beneficiary. In the event the deposits on hand shall not be sufficient to pay all of the estimated Charges when the same shall become due from time to time, or the prior deposits shall- be less than the currently estimated monthly amounts, then Grantor shall immediately pay to Beneficiary on demand any amount necessary to make up the deficiency. The excess of any such deposits shall be credited towards subsequent Charges. Han Event of Default shall occur under the terms of this Deed of Trust, Beneficiary may, at its option, without being required so to do, apply any deposits on hand to the payment of Charges whether then due or not or to the Indebtedness, in such order and manner as Beneficiary may elect. When the Indebtedness has been fully paid any remaining deposits shall be returned to Grantor as its interest may appear. All deposits are hereby pledged as additional security for the Indebtedness, shall be held for the purposes for which made as herein provided, may be held by Beneficiary or its servicing agent and may be commingled with other funds of Beneficiary, or its servicing agent, shall be held without allowance of interest thereon and without fiduciary responsibility on the part of Beneficiary or its agents and shall not be subject to the direction or control of Grantor. Neither Beneficiary nor its servicing agent shall be liable for any act or omission made or taken in good faith. In making any payments, Beneficiary or its servicing agent may rely on any statement, bill or estimate procured from or issued by the payee without inquiry into the validity or accuracy of the same. If the taxes shown in the tax statement shall be levied on property more extensive than the Premises, Beneficiary shall be under no duty to seek a tax division or apportionment of the tax bill, and any payment of taxes based on a larger parcel shall be paid by Grantor, the deposits to be made hereunder shall be based on the larger tax parcel and Grantor shall expeditiously cause a tax subdivision to be made. ARTICLE 4. UNIFORM COMMERCIAL CODE SECTION 4.1 Security Agreement, This Deed of Trust shall constitute a security agreement as defined in the Uniform Commercial Code in effect in the State of Washington, as amended from time to time (hereinafter referred to as the "Code"), and Grantor hereby grants to Beneficiary a security interest within the meaning of the Code in favor of Beneficiary on the Improvements, Fixtures, Equipment and Personal Property, the Rents, Leases and Profits, the Judgments, Condemnation Awards and Insurance Proceeds and Other Rights, the Licenses, Permits, Equipment Leases and Service Agreements and the Proceeds described in Granting Clauses B, C, D, E and F of this Deed of Trust (hereinafter referred to as the "Collateral "). 3407/1022,07/14 /04 - 17 20040721001426.02 SECTION 4.2 Fixture Filing. As to those items of Collateral descnbed in this Deed of Trust that are, or are to become fixtures related to the real estate mortgaged herein, and all products and proceeds thereof, it is intended as to those items that THIS DEED OF TRUST SHALL BE EFFECTIVE AS A FINANCING STATEMENT FILED AS A FIXTURE FILING from the date of its filing in the real estate records of the County where the Premises are situated. The name of the record owner of said real estate is Grantor set forth in Page 1 to this Deed of Trust. Information concerning the security interest created by this instrument may be obtained from Beneficiary, as secured party, at its address as set forth in Page 1 of this Deed of Trust. The address of Grantor, as debtor, is as set forth in Page 1 to this Deed of Trust. This document covers goods which are or are to become fixtures. Grantor's Federal Tax Identification Number is 91- 1960266. Grantor is a limited liability company organized under the laws of the State of Washington. Grantor's organizational identification number is WA- 601917170. SECTION 4.3 Representations and Agreements. Grantor represents and agrees: (a) Grantor is and will be the true and lawful owner of the Collateral, subject to no bens, Charges, security interest and encumbrances other than the lien hereof and the Permitted Encumbrances, (b) the Collateral is to be used by Grantor solely for business purposes being installed upon the Premises for Grantor's own use or as the equipment and furnishings leased or famished by Grantor, as landlord, to tenants of the Premises; (c) the Collateral will not be removed from the Premises without the consent of Beneficiary except in accordance with Section 4.4 hereof; (d) unless stated otherwise in this Deed of Trust the only persons having any interest in the Collateral are Grantor and Beneficiary and no financing statement covering any such property and any proceeds thereof is on file in any public office except pursuant hereto; (e) the remedies of Beneficiary hereunder are cumulative and separate, and the exercise of any one or more of the remedies provided for herein or under the Code shall not be construed as a waiver of any of the other rights of Beneficiary including having such Collateral deemed part of the realty upon any foreclosure thereof; (f) if notice to any party of the intended disposition of the Collateral is required by law in a particular instance, such notice shall be deemed commercially reasonable if given at least ten (10) days prior to such intended disposition and may be given by advertisement in a newspaper accepted for legal publications either separately or as part of a notice given to foreclose the real property or may be given by pnvate notice if such parties are known to Beneficiary; 3407/1022,07/14 /04 - 18 - (i) 20040121001426.02 Grantor will from time to time provide Beneficiary on request with itemizations of all such Collateral on the Premises; the filing of a financing statement pursuant to the Code shall never impair the stated intention of this Deed of Trust that all improvements, Fixtures, Equipment and Personal Property described in Granting Clause B hereof are, and at all times and for all purposes and in all proceedings both legal or equitable shall be regarded as part of the real property mortgaged hereunder irrespective of whether such item is physically attached to the real property or any such item is referred to or reflected in a financing statement; Grantor will on demand deliver all fmancing statements and/or continuations that may from time to time be required by Beneficiary to establish and perfect the priority of Beneficiary's security interest in such Collateral and all costs, including recording fees, shall be paid by Grantor; (l) the Grantor shall give at least thirty (30) days written notice of any proposed change in Grantor's name, identity, state of registration for a registered organization, principal place of business, or structure and authorizes Beneficiary to file prior to or concurrently with such change all additional financing statements that the Beneficiary may require to establish and perfect the pnority of the Beneficiary's security interest in the Collateral; and by signing this Deed of Trust, Grantor authorizes Beneficiary to file such financing statements, either before, on or after the date hereof, as Beneficiary determines necessary or desirable to perfect the lien of Beneficiary's security interest in the Collateral. Grantor further authorizes Beneficiary to file such amendments or continuation statements as Beneficiary determines necessary or desirable from time to time to perfect or continue the lien of Beneficiary's security interest in the Collateral. (k) SECTION 4 4 Maintenance of Premises. Subject to the provisions of this Section, in any instance where Grantor in its discretion determines that any item subject to a security interest under this Deed of Trust has become inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary for the operation of the Premises, Grantor may, at its expense, remove and dispose of it and substitute and install other items not necessarily having the same function, provided, that such removal and substitution shall be of comparable quality and shall not impair the operating utility and unity of the Premises. All substituted items shall become a part of the Premises and subject to the lien of this Deed of Trust. Any amounts received or allowed Grantor upon the sale or other disposition of the removed items of property shall be applied only against the cost of acquisition and installation of the substituted items. Nothing herein contained shall be construed to prevent any tenant or subtenant from removing from the Premises trade fixtures, furniture and equipment installed by it and removable by such tenant under its terms of the lease, on the condition, however, that all damages to the Premises resulting from or caused by the removal thereof be repaired at the sole cost of Grantor if such tenant shall fail to so repair. 3407/1022,07/14 /04 - 19 - LUU4V I L I UV 14LO.VL: ARTICLE 5. APPLICATION OF INSURANCE AND AWARDS SECTION 5.1 Damage or Destruction of the Premises. Grantor will give Beneficiary prompt notice of damage to or destruction of the Premises, and in case of loss covered by policies of insurance, Beneficiary (whether before or after foreclosure sale) is hereby authorized at its option to settle and adjust any claim arising out of such policies and collect and receipt for the proceeds payable therefrom, provided, if Grantor is not in default hereunder, Grantor may itself adjust and collect for any losses arising out of a single occurrence aggregating not in excess of Seventy -Five Thousand and 00 /100 Dollars ($75,000.00). If Beneficiary fails to assert claims against the insurance carrier, such failure shall not diminish or impair Beneficiary's rights against Grantor. Any expense incurred by Beneficiary in the adjustment and collection of insurance proceeds (including the cost of any independent appraisal of the loss or damage on behalf of Beneficiary) shall be reimbursed to Beneficiary fast out of any such insurance proceeds. The msurance proceeds or any part thereof shall be apphed to reduction of the Indebtedness then most remotely to be paid, whether due or not, or to the restoration or repair of the Premises, the choice of application to be solely at the discretion of Beneficiary. In the event Beneficiary does not make insurance proceeds available for restoration and applies the insurance proceeds to payment of the Indebtedness no prepayment fee shall be due on the insurance proceeds so applied and the monthly installment payments of principal and interest set forth in the Note shall be adjusted to an amount sufficient to reamortize the then unpaid principal balance of the Note together with interest in equal monthly installment payments over the then remaining portion of the original amortization period. In the event Beneficiary does not make insurance proceeds available for reconstruction of the Premises, Grantor shall have the right to prepay the loan in full without a prepayment fee, provided such prepayment is made within one hundred twenty (120) days after notice from Beneficiary stating that such insurance proceeds will not be made available for reconstruction. SECTION 5.2 Condemnation. Grantor will give Beneficiary prompt notice of any action, actual or threatened, in Condemnation (as defined herein) or eminent domain and hereby assigns, transfers, and sets over to Beneficiary the entire proceeds of any award or claim for damages for all or any part of the Prenuses taken or damaged under the power of eminent domain or condemnation (herein referred to as "Condemnation "), Beneficiary being hereby authorized to intervene in any such action and to collect and receive from the condemning authorities and give proper receipts and acquittances for such proceeds. Grantor will not enter into any agreements with the condemning authority permitting or consenting to the taking of the Premises unless prior wntten consent of Beneficiary is obtained. Any expenses incurred by Beneficiary in intervening in such action or collecting Condemnation proceeds (including the cost of any independent appraisal) shall be reimbursed to Beneficiary out of Condemnation proceeds pnor to other payments or disbursements. Grantor shall direct the condemning authority to deliver the Condemnation proceeds to Beneficiary but should Grantor receive any Condemnation proceeds directly, it shall deliver all Condemnation proceeds to Beneficiary within five (5) days of receipt thereof. The Condemnation proceeds or any part thereof shall be apphed upon or m reduction of the Indebtedness then most remotely to be paid, whether due or not, or to the restoration or repair of 3407/1022,07/14 /04 - 20 - LUU4U / 21 UM 4Zb.UZ' the Premises, the choice of application to be solely at the discretion of Beneficiary. In the event Beneficiary does not make Condemnation proceeds available for restoration and applies the Condemnation proceeds to payment of debt, the monthly installment payments of principal and interest set forth in the Note shall be adjusted to an amount sufficient to reamortize the then unpaid principal balance of the Note together with interest in equal monthly installment payments over the then remaining portion of the onginal amortization period. SECTION 53 Disbursement of Insurance and Condemnation Proceeds. Should any insurance or Condemnation proceeds be applied to the restoration or repair of the Premises in accordance with this Article 5, the restoration or repair shall be done under the supervision of an architect acceptable to Beneficiary (or, at Beneficiary's discretion, an engineer acceptable to Beneficiary) and pursuant to site and building plans and specifications approved by Beneficiary The proceeds from insurance or Condemnation, after payment of costs and expenses of collection ( "Net Proceeds "), shall be held by Beneficiary for such purposes and will from time to time be disbursed by Beneficiary to defray the costs of such restoration or repair under such safeguards and controls as Beneficiary may require and in accordance with standard construction Ioan procedures. Net Proceeds may at the option of Beneficiary be disbursed through a title insurance company selected by Beneficiary and at the sole cost of Grantor. Prior to making Net Proceeds available for the payment of costs of repair or restoration of the improvements upon the Premises, Beneficiary shall be entitled to receive the following: (a) (b) Evidence that no Event of Default exists under any of the terms, covenants and conditions of this Deed of Trust, the Note, or other Loan Documents. Evidence that all leasing requirements for the Premises as established by Beneficiary have been met. (c) Satisfactory proof that all improvements have been fully restored, or that the expenditure of Net Proceeds will be sufficient to repair, restore or rebuild the improvements located on the Premises, free and clear of all liens, except the lien of this Deed of Trust. In the event Net Proceeds shall be insufficient to repair, restore or rebuild the improvements, Grantor shall deposit with Beneficiary funds equaling such deficiency, which, together with the Net Proceeds, shall be sufficient to pay for restoration, repair and rebuilding the Premises. (d) (1) A statement of Grantor's architect, certifying the extent of the repair and restoration completed to the date thereof, and that such repairs, restoration and rebuilding have been performed to date in conformity with the plans and specifications that have been approved by Beneficiary and (ii) evidence satisfactory to Beneficiary of payment for labor and materials furnished to the Premises with lien waivers substantiating such payments. Beneficiary will release funds upon the satisfaction of requirements set forth herein at such time as lien waivers are deposited in escrow with the title company and the title company can assure Beneficiary of a first lien position. 3407/1022,07/14/04 - 21 - 20040721001426.02 (e) A waiver of subrogation from any insurer to the effect that such insurer has no claim as to Grantor or the then owner or other insured under the policy of insurance in question. (f) Such performance and payment bonds, and such insurance, in such amounts, issued by such company or companies and in such forms and substance, as are required by Beneficiary. (g) (h) (i) Evidence that zoning, building and other necessary permits and approvals have been obtained. Satisfactory evidence is delivered to Beneficiary that the improvements can be rebuilt substantially to the same as those originally financed and can with restoration and repair continue to be operated for the purposes utilized prior to such damage. Tenants of the Premises as designated by Beneficiary shall certify to Beneficiary their intention to continue to occupy the Premises without any abatement or adjustment of rental payments (other than temporary abatements during the period of restoration and repair). (j) Evidence that the appraised value of the Premises after such restoration or repair shall not be less than its appraised value as of the date hereof. Evidence of fulfillment of all other requirements which Beneficiary may make in connection with repair of the improvements on the Premises. (k) In the event Grantor shall fail to restore, repair or rebuild the improvements upon the Premises within a reasonable time, then such failure shall constitute an Event of Default hereunder and Beneficiary, at its option and upon not less than thirty (30) days' written notice to Grantor, may in addition to its remedies contained in Article 8 hereof (i) restore, repair or rebuild the said improvements for or on behalf of Grantor and for such purpose, may perform all necessary or appropriate acts to accomplish such restoration, repair or rebuilding, or (ii) apply all or any part of Net Proceeds on account of the last maturing installments of the Indebtedness whether then due or not. In the event insurance proceeds or an eminent domain award shall exceed the amount necessary to complete the repair, restoration, or the rebuilding of the improvements upon the Premises, such excess may, at Beneficiary's option, be applied on account of the Iast maturing installments of the Indebtedness, irrespective of whether such installments are then due and payable, without application of a prepayment premium, or be returned to Grantor. SECTION 5.4 Beneficiary to Make Insurance Proceeds Available. Notwithstanding the provisions of Section 5.1 above, in the event of insured damage to the improvements on the Premises, Beneficiary agrees to make insurance proceeds available to the restoration or repair of the improvements on the Premises in accordance with the provisions of Section 5.3 hereof provided: (a) satisfactory evidence is delivered to Beneficiary that the total 3407/1022;07/14 /04 - 22 - 20040721001426.026 cost of restoration and repair does not exceed twenty-five percent (25 %) of the then outstanding principal balance of the Note; and (b) all conditions of Section 5.3 have been met. ARTICLE 6. LEASES AND RENTS SECTION 6.1 Leases Grantor will, at its own cost and expense, perform, comply with and discharge all of the obligations of Grantor under any leases and use its best efforts to enforce or secure the performance of each obligation and undertaking of the respective tenants under any such leases and will appear in and defend, at its own cost and expense, any action or proceeding arising out of or in any manner connected with Grantor's interest in any leases pertaining to the Premises. Grantor will not modify, extend, renew, terminate, accept a surrender of, or in any way alter the terms of the leases, nor borrow against, pledge or assign any rentals due under the leases nor consent to a subordination or assignment of the interest of a tenant thereunder to any party other than Beneficiary, nor anticipate the rents thereunder for more than one (1) month in advance or reduce the amount of rents and other payments thereunder, nor waive, excuse, condone or in any manner release or discharge a tenant of or from any obligations, covenants, conditions and agreements to be performed nor incur any indebtedness to a tenant, nor agree to any "free rent" period without Beneficiary's consent, nor enter mto any additional leases of all or any part of the Premises without the prior written consent of Beneficiary. Grantor shall notify Beneficiary of default by tenants of the Premises. Notwithstanding the restrictions set forth above m this Section 6 1, Grantor may, without the prior written consent of Beneficiary, modify any lease or enter into any new or renewal leases with respect to space in the Premises which is subject-to a lease disclosed to Beneficiary and in effect as of the date hereof, which modified, new or renewal lease: (a) affects leased property not exceeding 5,000 rentable square feet when aggregated with other leases with that tenant on the Premises; (b) requires payment of rent at a level equal 'to or greater than the rents payable under the lease currently in effect for such space; (c) has been prepared on the standard form of lease that Beneficiary has previously approved; and (d) has a modified, new or renewal lease terra (including any renewal options) not in excess of ten (10) years. A copy of all the executed leases must be provided to Beneficiary. Grantor shall notify Beneficiary of any defaults by tenants occupying than 5,000 square feet or more of the Premises or having a lease term (including renewal options) of more than ten (10) years. SECTION 6.2 Beneficiary's Right To Perform Under Leases Should Grantor fail to perform, comply with or discharge any obligations of Grantor under any lease of all or any part of the Premises or should Beneficiary become aware of or be notified by any tenant under any lease of a failure on the part of Grantor to so perform, comply with or discharge its obligations under said lease, Beneficiary may, but shall not be obligated to, and without further demand upon Grantor, and without waiving or releasing Grantor from any obligation contained in this Deed of Trust, remedy such failure, and Grantor agrees to repay upon demand all sums incurred by Beneficiary in remedying any such failure including, without limitation, Beneficiary's attorneys' fees together with interest at the Default Rate as defined under the terms of the Note. All such sums, together with interest as aforesaid, shall become so 3407/1022,07/14 /04 - 23 - LVVK+VI L 1VV IYLV.VLI much additional Indebtedness, but no such advance shall be deemed to relieve Grantor from any default hereunder. SECTION 6.3 Assignment of Leases and Rents. Grantor does hereby unconditionally and absolutely sell, assign and transfer unto Beneficiary.. all of the leases, rents, issues, income and profits now due and which may hereafter become due under or by virtue of any lease, whether written or verbal, or any agreement or license for the use or occupancy of the Premises, whether now existing or entered into at any time dunng the term of this Deed of Trust, all guaranties of any lessee's obligations under any such lease and all security deposits, it being the intention of this Deed of Trust to establish an absolute transfer and assignment of all such Ieases and agreements and all of the rents, issues, income and profits from the Premises and/or Grantor's operation or ownership thereof unto Beneficiary and Grantor does hereby appoint irrevocably Beneficiary as Grantor's true and lawful attorney in Grantor's name and stead, which appointment is coupled with an interest, to collect all of said rents, issues, income and profits; provided, Grantor shall have the nght to collect and retain such rents, issues, income and profits unless and until an Event of Default exists under this Deed of Trust. Grantor assigns to Beneficiary all guarantees of lessee's obligation under leases and all proceeds from settlements relating to terminations of leases and all claims for damages arising from rejection of any lease under the bankruptcy laws. Upon the occurrence of an Event of Default and whether before or after the institution of legal proceedings to foreclose the hen hereof or before or after sale thereunder or during any period of redemption existing by law, forthwith, upon demand of Beneficiary, Grantor shall surrender to Beneficiary and Beneficiary shall be entitled to enter upon and take and maintain possession of the Premises and any leases thereunder and collect and retain any rents, issues, income and profits from the Premises and hold, operate, manage and control the Premises and any such leases and to do such things in its discretion as may be deemed proper or necessary to enforce the payment or secunty of the rents, issues, income and profits of the Premises and the performance of the tenants' obligations under any leases of the Premises, with full power to cancel or terminate any lease for any cause or on any grounds which would entitle Grantor to cancel the same and to elect to disaffirm any lease made subsequent to this Deed of Trust or subordinated to the lien hereof. All rents, issues, income, profits and payments received by Grantor after Beneficiary has exercised any of its rights under this assignment or the Assignment of Leases shall be held by Grantor in trust for Beneficiary and shall be delivered to Beneficiary immediately without demand. Beneficiary shall not be obligated to perform or discharge any obligation or liability of the landlord under any of said leases and Grantor shall and does hereby agree to indemnify and hold Beneficiary harmless of and from any and all expenses, liability, loss or damage which it might incur under said leases or under or by reason of this Deed of Trust Any amounts incurred by Beneficiary in connection with its nghts hereunder, including costs, expenses and attorneys' fees, shall bear interest thereon at the Default Rate stated in the Note, shall be additional Indebtedness and Grantor shall reimburse Beneficiary therefor immediately upon demand. Beneficiary may apply any of said rents, issues, income and profits received to the costs and expenses of collection, including attorneys' fees, to the payment of taxes, assessments and insurance premiums and expenditures for the upkeep of the Premises, to the performance of the landlord's obligations under the Iease, to the performance of any of Grantor's covenants hereunder, and to any Indebtedness in such order as Beneficiary may determine. The entering 3407/1022;07/14 /04 - 24 - LVV4V/L 1 VV 144O.VL0 upon and taking possession of the Premises, the collection of such rents, issues, income and profits and the application thereof as aforesaid shall not cure or waive any Event of Default under this Deed of Trust nor in any way operate to prevent Beneficiary from pursuing any other remedy which it may now or hereafter have under the terms of this Deed of Trust nor shall it in any way be deemed to constitute Beneficiary a mortgagee -In- possession. The rights hereunder shall in no way be dependent upon and shall apply without regard to whether the Premises are in danger of being lost, materially injured or damaged or whether the Premises are adequate to discharge the Indebtedness. Grantor represents and agrees that no rent has been or will be paid by any person in possession of any portion of the Premises for more than one installment in advance and that the payment of none of the rents to accrue for any portion of the Premises has been or will be waived, released, reduced, discounted, or otherwise discharged or compromised by Grantor. Grantor waives any right of set off against any person in possession of any portion of the Premises. Grantor further agrees that Grantor will not execute or agree to any subsequent assignment of any of the rents, issues, income or profits from the Premises without the prior written consent of Beneficiary. The rights contained herein are in addition to and shall be cumulative with the rights given in the Assignment of Leases. To the extent inconsistent with the terms of this Article 6, the terms of the Assignment of Leases shall control. ARTICLE 7. RIGHTS OF BENEFICIARY SECTION 7.1 Right to Cure Event of Default. If Grantor shall fail to comply with any of the covenants or obligations of this Deed of Trust, Beneficiary may, but shall not be obligated to, without demand upon Grantor, and without waiving or releasing Grantor from any obligation in this Deed of Trust contained, remedy such failure, and Grantor agrees to repay upon demand all sums incurred by Beneficiary m remedying any such failure together with expenses and attorneys' fees and with interest at the Default Rate as defined under the terms of the Note All such sums, together with interest as aforesaid shall become Indebtedness. No such advance shall be deemed to relieve Grantor from any failure hereunder. SECTION 7.2 No Claim Against Beneficiary. Nothing contained in this Deed of Trust shall constitute any consent or request by Beneficiary, express or implied, for the performance of any labor or services or for the furnishing of any materials or other property in respect of the Premises or any part thereof, nor as giving Grantor or any party in interest with Grantor any nght, power or authority to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would create any personal liability against Beneficiary in respect thereof or would permit the making of any claim that any lien based on the performance of such labor or services or the furnishing of any such materials or other property is prior to the lien of this Deed of Trust. 3407/1022,07/14 /04 - 25 - LUU4U / L UU 14Lb.UL� SECTION 7.3 Inspection. Grantor will permit Beneficiary or its authorized representatives to enter the Premises at all times during normal business hours for the purpose of inspecting the same; provided Beneficiary shall have no duty to make such inspections and shall not incur any liability or obligation for making or not making any such inspections. SECTION 7.4 Waivers; Releases; Resort to Other Security, etc. Without affecting the liability of any party liable for payment of any Indebtedness or performance of any obligation contained herein, and without affecting the rights of Beneficiary with respect to any security not expressly released in wasting, Beneficiary may, at any time, and without notice to or the consent of Grantor or any party in interest with respect to the Premises or the Note: (a) release any person liable for payment of all or any part of the Indebtedness or for performance of any obligation herein; (b) make any agreement extending the time or otherwise altering the terms of payment of all or any part of the Indebtedness or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof; (c) accept any additional security; (d) release or otherwise deal with any property, real or personal, including any or all of the Premises, including making partial releases of the Premises; or (e) resort to any security agreements, pledges, contracts of guarantee, assignments of rents and leases or other securities, and exhaust any one or more of said securities and the security hereunder, either concurrently or independently and in such order as it may determine. SECTION 7.5 Rights Cumulative Each right, power or remedy herein conferred upon Beneficiary is cumulative and in addition to every other nght, power or remedy, express or implied, now or hereafter arising, available to Beneficiary, at law or in equity, or under the Code, or under any other agreement, and each and every nght, power and remedy of Beneficiary herein set forth or otherwise so existing shall be cumulative to the maximum extent permitted by law and may be exercised from time to time as often and in such order as may be deemed expedient by Beneficiary and any such exercise shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. No delay or omission by Beneficiary in the exercise of any right, power or remedy arising hereunder or arising otherwise shall impair any such nght, power or remedy or the right of Beneficiary to resort thereto at a later date or be construed to be a waiver of any Event of Default under this Deed of Trust or the Note. SECTION 7.6 Subsequent Agreements. Any agreement hereafter made by Grantor and Beneficiary pursuant to this Deed of Trust shall be superior to the rights of the holder of any intervening lien or encumbrance. SECTION 7.7 Waiver of Appraisement, Homestead, Marshaling. Grantor hereby waives to the full extent lawfully allowed the benefit of any homestead, appraisement, evaluation, stay and extension laws now or hereinafter in force. Grantor hereby waives any rights available with respect to marshaling of assets so as to require the separate sales of any portion of the Premises, or as to require Beneficiary to exhaust its remedies against a 3407/1022;07114104 - 26 - LUU4U / L7 UU'I 4Lb.U:3U specific portion of the Premises before proceeding against the other and does hereby expressly consent to and authorize the sale of the Premises or any part thereof as a single unit or parcel. Grantor also hereby waives any and all rights of reinstatement and redemption from sale under any order or decree of foreclosure pursuant to rights herein granted, on behalf of Grantor, and each and every person acquiring any interest in, or title to the Premises described herein subsequent to the date of this Deed of Trust, and on behalf of all other persons to the extent permitted by applicable law. SECTION 7.8 Business Loan Representation. Grantor represents and warrants to Beneficiary that the Indebtedness evidenced by the Note is a business loan transacted solely for the purpose of carrying on the business of Grantor and not a consumer transaction and that the Premises does not constitute the homestead of Grantor or any of its pnncipals. SECTION 7.9 Dishonored Checks In the event Grantor shall send to Beneficiary two (2) or more checks in any twelve (12) month period which are not honored by the bank, for any reason, Beneficiary shall have the right to require that all future payments be made by certified check, or other good funds, at Beneficiary's option. ARTICLE 8. EVENTS OF DEFAULT AND REMEDIES SECTION 8.1 Events of Default. The occurrence of any of the following shall be deemed an event of default under this Deed of Trust (hereinafter referred to as an "Event of Default"): (a) Grantor or any co- maker, guarantor or surety shall fail to pay any principal, prepayment premium, if any, or interest on the Note when and as the same becomes due (whether at the stated maturity or at a date fixed for any installment payment or any accelerated payment date or otherwise); or Grantor shall fail to deposit the Charges with Beneficiary or to pay when due any other Indebtedness; or (b) (c) Grantor shall fail to comply with or perform any other term, condition or covenant of the Note, this Deed of Trust, the Assignment of Leases or any other Loan Documents other than as descnbed in Sections 8.1(a), 8.1(b) and 8.1(d) through 8.1(h) hereof, inclusive, and the continuance of such default for thirty (30) days after written notice; or (d) Grantor or any maker, guarantor or surety of the Note shall make an assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts as they become due, or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, 3407/1022,07/14 /04 - 27 - LUU4U/ C 1 UU'I4Lb.U3' dissolution, liquidation, arrangement, composition, readjustment or similar relief under any present or future bankruptcy or insolvency statute, law or regulation or shall file an answer admitting to or not contesting the material allegations of a petition filed against it in such proceedings, or shall not within sixty (60) days after the filing of such a petition have the same dismissed or vacated, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of a material part of its properties, or shall not withm sixty (60) days after the appointment of a trustee, receiver or liquidator of any material part of its properties have such appointment vacated, or (e) Any certification, representation or warranty made by Grantor herein, in the Note, in the other Loan Documents, or made in connection with the application for the loan evidenced by the Note or given as an inducement to Beneficiary to make the loan, shall be false, breached or dishonored; or Grantor or any of the guarantors of the Indebtedness shall be dissolved, liquidated or go out of existence; or The occurrence of any event set forth in Sections 2.9, 3.1, 9.4 or 10.8 hereof; or Guarantor shall die and Grantor either (i) has failed to notify Beneficiary of such death within thirty (30) days thereof or (ii) has failed to provide Beneficiary with an acceptable substitute guarantor, in the sole judgment of Beneficiary, who shall have executed a Guaranty and an Indemnity Agreement in the forms of those executed by the Guarantor, before the earlier to occur of (A) one (1) year from the date of such person's death or (B) the date on which the first distribution of assets has been made from such person's estate to any devisee, heir or other beneficiary. Notwithstanding anything to the contrary contained in this Subsection 8.1(h), it is understood and agreed that Lauren Levinson shall be deemed to be an acceptable substitute guarantor provided that by not later than the completion of the distribution of Guarantor's estate said Lauren Levinson has a net worth of not less than One Milhon and 00 /100 Dollars ($1,000,000.00). SECTION 8.2 Beneficiary's Right to Accelerate. if an Event of Default shall occur Beneficiary may immediately and without notice to Grantor declare the entire unpaid principal balance of the Note together with all other Indebtedness to be immediately due and payable and thereupon all such unpaid principal balance of the Note together with all accrued interest thereon, any prepayment premium under the terms of the Note and all other Indebtedness shall be and become immediately due and payable. SECTION 8.3 Remedies of Beneficiary and Right to Foreclose. Upon the occurrence of an Event of Default, Grantor hereby authorizes and fully empowers Beneficiary to foreclose this Deed of Trust by judicial proceedings or by the power of sale granted herein, or by such other statutory procedures available in the state in which the Premises are located, at the option of Beneficiary, with full authority to sell the Premises at public auction and convey the same to the purchaser in fee simple, either in one parcel or 3407/1022,07/14 /04 - 28 - ZUU4U /Z9 UU1 4'Lfi.U:ii separate lots and parcels, all in accordance with and in the manner prescnbed by law, and out of the proceeds arising from sale and foreclosure to retain the principal, prepayment fee, if any, and interest due on the Note and all other Indebtedness together with all sums of money as Beneficiary shall have expended or advanced pursuant to this Deed of Trust or pursuant to statute together with interest thereon as herein provided and all costs and expenses of such foreclosure, including lawful attorneys' fees, with the balance, if any, to be paid to the persons entitled thereto by law. SECTION 8.4 Receiver. If an Event of Default shall occur, Beneficiary shall be entitled as a matter of right without notice and without regard to the solvency or insolvency of Grantor, or the existence of waste of the Premises or the value or adequacy of the security of the Premises, and without giving bond apply for the appointment of a receiver in accordance with the statutes and law made and provided for who shall collect the rents, and all other income of any kind; manage the Premises so to prevent waste; execute leases within or beyond the period of receivership, pay all expenses for normal maintenance of the Premises and perform the terms of this Deed of Trust and apply the rents, issues, income and profits to the costs and expenses of the receivership, including attorneys' fees, to the repayment of the Indebtedness and to the operation, maintenance and upkeep and repair of the Premises, including payment of taxes on the Premises and payments of premiums of insurance on the Premises and any other rights permitted by law. Grantor does hereby irrevocably consent to such appointment. The receiver may, to the extent permitted under applicable law, without notice, enter upon and take possession of the Premises, or any part thereof, by force, summary proceedings, ejectment or otherwise, and remove Grantor or any other person or entity and any personal property therefrom, and may hold, operate and manage the same, receive all rents, earnings, incomes, issues and proceeds and do the things the receiver finds necessary to preserve and protect the Prenuses, whether during pendency of foreclosure, during a redemption period, if any, or otherwise. SECTION 8.5 Rights Under Uniform Commercial Code. In addition to the rights available to a mortgagee of real property, Beneficiary shall also have all the rights, remedies and recourse available to a secured party under the Code including the right to proceed under the provisions of the Code governing default as to any Collateral as defined in this Deed of Trust which may be included on the Premises or which may be deemed nonrealty in a foreclosure of this Deed of Trust or to proceed as to such Collateral in accordance with the procedures and remedies available pursuant to a foreclosure of real estate. SECTION 8.6 Right to Discontinue Proceedings. In the event Beneficiary shall have proceeded to invoke any right, remedy or recourse permitted under this Deed of Trust and shall thereafter elect to discontinue or abandon the same for any reason, Beneficiary shall have the unqualified right to do so and in such event Grantor and Beneficiary shall be restored to their former positions with respect to the Indebtedness in which case this Deed of Trust and all nghts, remedies and recourse of Beneficiary shall continue as if such action or exercise of a right had not been invoked. 3407/1022,07/14/04 - 29 - 20040/21 1)01426.0 5 . SECTION 8.7 Waivers. Grantor also waives the benefit of all laws now existing or that may hereinafter be enacted providing for (i) any appraisal before sale of any portion of the Premises, and (ii) in any way extending the time for the enforcement and collection of the Note or this Deed of Trust or creating or extending a period of redemption from any sale made in collecting said debt. To the full extent Grantor may do so, Grantor agrees that Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter enforced providing for any appraisal, evaluation, stay, extension or redemption and Grantor, to the extent permitted by law, waives and releases all rights of redemption, valuation, appraisal, stay of execution, notice of election to mature or declare due the whole of this Deed of Trust and marshaling in the event of foreclosure of the hens hereby created. SECTION 8.8 The Beneficiary's Right of Possession Under an Event of Default. In any case in which under the provisions of this Deed of Trust the Beneficiary has a nght to institute a trustee's sale or foreclosure proceedings, whether before or after the whole indebtedness secured hereby is declared to be immediately due as aforesaid, or whether before or after the institution of legal proceedings to foreclose the lien hereof or before or after sale thereunder, forthwith upon demand of the Beneficiary, the Grantor shall surrender to the Beneficiary and the Beneficiary shall be entitled to take actual possession of the Premises or any part thereof personally, or by its agents or attorneys, as for condition broken, and the Beneficiary in its discretion may, with or without force and with or without process of law, enter upon and take and maintain possession of all or any part of the Premises, together with all documents, books, records, papers and accounts of the Grantor or then owners of the Premises relating thereto, and may exclude the Grantor, its agent or servants, wholly therefrom and may, as attorney -in -fact or agent of the Grantor, or m its own name as the Beneficiary and under the powers herein granted, hold, operate, manage and control the Premises and conduct the business, if any, thereof, either personally or by its agents, and with full power to use such measures, legal or equitable, as in its discretion or in the discretion of its successors or assigns may be deemed proper or necessary to enforce the payment or security of the avails, rents, issues and profits of the Premises, including actions for the recovery of rent, actions in forcible detainer and actions in distress for rent, if an available remedy, hereby granting full power and authonty to exercise each and every of the rights, privileges and powers herein granted at any and all times hereafter, without notice to the Grantor, and with full power to cancel or terminate any lease or sublease for any cause or on any ground which would entitle the Grantor to cancel the same, to elect to disaffirm any lease or sublease made subsequent to this Deed of Trust or subordinated to the lien hereof, to make all necessary or proper repairs, betterments and improvements to the Premises as to it may seem judicious, insure and reinsure the same and all risks incidental to the Beneficiary's possession, operation and management thereof and receive all of such avails, rents, issues and profits. The Beneficiary shall not be obligated to perform or discharge, nor does it hereby undertake to perform or discharge, any obligation, duty or liability under any leases and the Grantor shall and does hereby agree to indemnify and hold the Beneficiary and Trustee harmless of and from any and all liability, Loss or damage which it may or might incur under said leases or under or by reason of the assignment thereof and of and from any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements 3407/1022,07/14 /04 - 30 - LUU4U 1 LI UU I4Lb.U,Y contained in said leases. Should the Beneficiary incur any such liability, loss or damage under said leases or under or by reason of the assignment thereof, or in the defense of any claims or demands, the amount thereof, including costs, expenses and reasonable attorneys' fees shall be secured hereby, and the Grantor shall reimburse the Beneficiary therefore immediately upon demand. SECTION 8.9 Application of Income Received by the Beneficiary. The Beneficiary in the exercise of the rights and powers hereinabove conferred upon it by Sections 6.3 and 8.8 hereof shall have full power to use and apply the avails, rents, issues and profits of the Premises to the payment of or on account of the following, in such order as the Beneficiary may determine: (a) to the payment of the reasonable operating expenses of said Premises, including cost of management and Ieasing thereof (which shall include reasonable compensation to the Beneficiary and its agent or agents, if management be delegated to an agent or agents, and shall also include lease commissions and other compensation and expenses of seeking and procunng tenants and entering into leases), established claims for damages, if any, and premiums on insurance hereinabove authonzed; (b) to the payment of taxes and special assessments now due or which may hereafter become due on said Premises; (c) to the payment of all repairs, decorating, renewals, replacements, alterations, additions, betterments and improvements reasonably necessary for the continued operation of said Premises, including the cost from time to time of installing or replacing refrigeration and gas or electric heating therein, and of placing said property in such condition as will, in the judgment of the Beneficiary, make it readily rentable; (d) to the payment of any indebtedness or any deficiency which may result from any foreclosure sale, and (e) the remainder to be paid to the Grantor or as may be required by law. ARTICLE 9. MISCELLANEOUS SECTION 9.1 Release of Deed of Trust. When all Indebtedness has been paid, this Deed of Trust and all assignments herein contained shall, except as otherwise provided herein, terminate and Beneficiary shall direct Trustee to release this Deed of Trust at Grantor's expense. 3407/1022,07/14 /04 - 31 - 1UU4U! L1 UU14Zb.U3t SECTION 9.2 Choice of Law. This Deed of Trust is made and executed under the laws of the State of Washington and is intended to be governed by and construed and interpreted in accordance with the laws of said State. SECTION 9.3 Successors and Assigns. This Deed of Trust and each and every covenant, agreement and other provision hereof shall be binding upon Grantor and its successors and assigns, including, without limitation each and every person or entity that may, from time to time, be record owner of the Premises or any other person having an interest therein, shall run with the land and shall inure to the benefit of Beneficiary and its successors and assigns. As used herein the words "successors and assigns" shall also be deemed to include the heirs, representatives, administrators and executors of any natural person who is a party to this Deed of Trust. Nothing in this Section shall be construed to constitute consent by Beneficiary to assignment by Grantor. SECTION 9.4 Partial Invalidity. All rights, powers and remedies provided herein are intended to be limited to the extent necessary so that they will not render this Deed of Trust invalid, unenforceable or not entitled to be recorded, registered or filed under any applicable law. If any tern of this Deed of Trust shall be held to be invalid, illegal or unenforceable, the validity and enforceability of the other terms of this Deed of Trust shall in no way be affected thereby. SECTION 9.5 Captions and Headings. The captions and headings of the various sections of this . Deed of Trust are for convenience only and are not to be construed as confining or limiting in any way the scope or intent of the provisions hereof. Whenever the context requires or permits the singular shall include the plural, the plural shall mclude the singular and the masculine, feminine and neuter shall be freely interchangeable. SECTION 9.6 Notices. Any notice which any party hereto may desire or may be required to give to any other party shall be in writing and either (a) mailed by certified mail, return receipt requested, or (b) sent by an overnight carrier which provides for a return receipt, or (c) sent by facsimile followed up by mailing of such notice by either of the methods set forth in Section 10.6(a) or (b) above on the day of sending such facsimile or the next succeeding business day. Any such notice shall be sent to the respective party's address as set forth on Page 1 of this Deed of Trust or to such other address as such party may, by notice in writing given in compliance with this Section 10.6, designate as its address. Any such notice shall constitute service of notice hereunder three (3) days after the mailing thereof by certified mail, one (1) day after the sending thereof by overnight carrier, and on the same day as the sending of a facsimile pursuant to the terms hereof. 3407/1022,07/14 /04 - 32 - 20040721001426.031 SECTION 9.7 Building Use. During the entire term of the Note and this Deed of Trust, Grantor agrees not to convert the Premises to a condominium or cooperative of any kind or to any use other than as office - warehouse buildings. In that connection, Grantor covenants that the sale of units and/or recording of condominium or cooperative documents on the Premises or any part thereof shall constitute an Event of Default hereunder. SECTION 9.8 Management of the Premises. Grantor acknowledges that the successful management of the Premises is of critical importance to Beneficiary and a primary inducement in the making of the loan evidenced by the Note and secured by this Deed of Trust. In the event management becomes unsatisfactory, Beneficiary shall notify Grantor of the same and Grantor shall, within thirty (30) days of such notice, correct any management deficiencies. Failure to so correct shall constitute an Event of Default. SECTION 9.9 Amendment/Modification Amendment to, waiver of or modification of any provision of this Deed of Trust must be made in writing. No oral waiver, amendment, or modification may be implied. SECTION 9.10 Substitution of Trustee Beneficiary may remove Trustee at any time or from time to time, with or without cause, and appoint a successor trustee, and upon such appointment, all powers, rights, duties and authority of Trustee, as aforesaid, shall thereupon become vested m such successor. Sucb substitute trustee shall be appointed by written instrument duly recorded in the county or counties where the real property covered hereby is located, which appointment may be executed by any authorized agent of Beneficiary or in any other manner permitted by applicable law. SECTION 9.11 Representations of Grantor. Grantor affirmatively represents and warrants that the written terms of the Loan Documents, and each of them, accurately reflect the mutual understanding of Grantor and Beneficiary, as to all matters addressed therein, and Grantor further represents and warrants that there are no other agreements or understandings, written or oral, which exist between Grantor and Beneficiary relating to the matters addressed in said documents. SECTION 9.12 Beneficiary's Expense. Should Beneficiary make any payments hereunder or under the Note or under any other Loan Documents or incur any liability, loss or damage under or by reason of this Deed of Trust, the Note or any other Loan Documents, or in the defense of any claims or demands, the amount thereof, and all costs and expenses, including all filing, recording, and title fees and any other expenses relating to the Indebtedness, including without Iimitation filing fees for UCC continuation statements and any expense involving modification thereto, attorneys' fees, and any and all costs and expenses incurred in connection with making, performing, or collecting the 3407/1022;07/14 /04 - 33 - 2UU4U /21001426.03' Indebtedness or exercising any of Beneficiary's rights under the Note, this Deed of Trust or any other Loan Documents, including reasonable attorneys' fees, the cost of appraisals and the cost of any environmental inspections in connection therewith, and all claims for brokerage and fmder's fees which may be made in connection with the making of the loan, together with interest thereon, at the Default Rate as defined in the Note, shall become part of the Indebtedness and except to the extent excluded in the final two paragraphs preceding Article 1 of this Deed of Trust, shall- be secured by this Deed of Trust and the other Loan Documents and Grantor hereby agrees to reimburse Beneficiary therefor immediately upon demand. Such sums, costs and expenses shall be, until so paid, part of the Indebtedness and Beneficiary shall be entitled, to the extent permitted by law, to receive and retain the full amount of the Indebtedness in any action for redemption by Grantor, for an accounting for the proceeds of a foreclosure sale or of insurance proceeds or for apportionment of an eminent domain damage award. SECTION 9.13 Beneficiary's Right to Counsel. If Beneficiary retains attorneys to enforce any of the terms of the Loan Documents or because of the breach by Grantor of any of the terms hereof or of any of the other Loan Documents or for the recovery of any Indebtedness, Grantor shall pay to Beneficiary reasonable attorneys' fees and all actual costs and expenses, whether or not an action is actually commenced and the nght to such attorneys' fees and all costs and expenses shall be deemed to have accrued on the date such attorneys are retamed, shall include fees and costs in connection with litigation, arbitration, mediation, bankruptcy and/or administrative proceedings, and shall be enforceable whether or not such action is prosecuted to judgment and shall include all appeals. Attorneys' fees and expenses shall for purposes of this Deed of Trust include all paralegal, electronic research, legal specialists and all other costs in connection with that performance of Beneficiary's attorneys. If Beneficiary is, by reason of being the holder of this Deed of Trust, made a party defendant in any litigation or other proceedings concerning this Deed of Trust or the Premises or any part thereof or therein, or the construction, maintenance, operation or the occupancy or use thereof by Grantor, then Grantor shall indemnify, defend and hold Beneficiary harmless from and against all liability by reason of said litigation or other proceedings, including reasonable attorneys' fees and all costs and expenses incurred by Beneficiary in any such litigation or other proceedings, whether or not any such litigation or other proceedings is prosecuted to judgment or other determination. SECTION 9.14 Other Representations and Warranties. All statements contained in any loan application, certificate or other instrument delivered by or on behalf of Grantor to Beneficiary or Beneficiary's representatives in connection with the Indebtedness shall constitute representations and warranties made by Grantor hereunder. Such representations and warranties made hereunder and thereunder shall survive the delivery of this Deed of Trust, and any misrepresentations thereunder shall be deemed as misrepresentations hereunder. 3407/1022;07/14 /04 - 34 - 20040721001426.03 SECTION 9.15 Limitation of Interest. It is the intent of Grantor and Beneficiary in the execution of this Deed of Trust, the Note and the other Loan Documents, to contract in strict compliance with the usury laws of the State of Washington governing the Note. In furtherance thereof, Beneficiary and Grantor stipulate and agree that none of the terms and provisions contained herein, in the Note or Loan Documents shall ever -be construed to create a contract for the use, forbearance or detention of money requiring payment of interest at a rate in excess of the maximum interest rate permitted to be charged by the laws of the State of Washington. Grantor, or any guarantors, endorser or other party now or hereafter becoming liable for the payment of the Note shall never be required to pay interest on the Note at a rate in excess of the maximum interest that may be lawfully charged under the laws of the State of Washington and the provisions of this Section shall control over all other provisions of the Note and any other Loan Documents executed in connection herewith which may be in apparent conflict herewith. If, from any circumstances whatsoever fulfillment of any provision of the Note, this Deed of Trust or any Loan Documents, at the time performance of such provision shall be due, shall involve transcending the hmit on interest presently prescnbed by any applicable usury statute or any other applicable law, with regard to obligations of like character and amount, then Beneficiary may, at its option (i) reduce the obligations to be fulfilled to such lunit on interest, or (ii) apply the amount that would exceed such limit on interest to the reduction of the outstanding pnncipal balance of the Note, and not to the payment of interest, with the same force and effect as though Grantor had specifically designated such sums to be so applied to principal and Beneficiary had agreed to accept such extra payment(s) as a prepayment without a fee, so that in no event shall any exaction be possible under the Note that is in excess of the applicable limit on interest. SECTION 9.16 Time of the Essence. Grantor agrees that time is of the essence with respect to all of the covenants, agreements and representations under this Deed of Trust. SECTION 9.17 Survival of Representations Warranties and Covenants. All representations, covenants and warranties contained herein, or in any of the other Loan Documents shall survive the delivery of the Note, this Deed of Trust and all other Loan Documents and the provisions hereof shall continue to inure to the benefit of Beneficiary, its successors and assigns. SECTION 9.18 Waiver of Jury Trial NO PARTY TO THIS DEED OF TRUST OR ANY ASSIGNEE, SUCCESSOR, HEIR OR PERSONAL REPRESENTATIVE OF A PARTY SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER LITIGATION PROCEEDINGS BASED UPON OR ARISING OUT OF THIS DEED OF TRUST, ANY RELATED AGREEMENT OR INSTRUMENT, ANY OTHER COLLATERAL FOR THE INDEBTEDNESS OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG THE PARTIES, OR ANY OF THEM. NO PARTY WILL SEEK TO CONSOLIDATE ANY SUCH ACTION, IN WHICH A JURY TRIAL HAS BEEN WAIVED, WITH ANY OTHER 3407/1022;07/14 /04 - 35 - ZU040721001426.03; ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE PARTIES HERETO, AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NO PARTY HAS IN ANY WAY AGREED WITH OR REPRESENTED TO ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. SECTION 9.19 Minimum Requirement. Grantor recognizes that the requirements imposed upon Grantor hereunder, including, without limitation, rnsurrnce requirements, are minimum requirements as determined by Beneficiary and do not constitute a representation that the requirements are complete or adequate Grantor understands that it is Grantor's duty and responsibility to act prudently and responsibly at all times for Grantor's protection and for the protection of the Premises. SECTION 9.20 Consents by Beneficiary. If Grantor requests Beneficiary's review of, consent to and/or execution of documents in connection with (a) the assignment of the Deed of Trust and other Loan Documents to a subsequent beneficiary, (b) a subordination agreement with a tenant of the Premises, which subordination agreement is on a form that is not Beneficiary's standard form, or (c) any other transaction for which Grantor seeks Beneficiary's approval except for lease approvals, Grantor agrees that it shall (i) provide copies of such documents and other documentation or information as Beneficiary deems necessary, satisfactory in all respects to Beneficiary, (ii) give Beneficiary thirty (30) days pnor written notice of such requested consent and after receipt of all items in (i) above; and (iii) pay Beneficiary a processing fee not to exceed Three Thousand and 00/100 Dollars ($3,000.00) and attorneys' fees and costs, if any. If required by Beneficiary, Grantor shall also provide to Beneficiary a deposit of $5,000.00, which deposit Beneficiary shall hold in a non - interest bearing account and not return to Grantor until such time as Beneficiary determines that Beneficiary has received all information necessary in connection with Grantor's request. Notwithstanding anything to the contrary contained in this Section 9.20, Grantor shall not be required to pay the above - described processing fee or deposit m connection with a transfer permitted under Section 2.9(a) on page 11 of this Deed of Trust. SECTION 9.21 Non - Agricultural Use. Grantor represents and covenants to Beneficiary that the real property conveyed by this Deed of Trust is not and will not be used for agricultural or farming purposes. SECTION 9.22 Oral Agreements. ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. 3407/1022,07/14 /04 - 36 - 20040721 001426.041 Grantor has caused this Deed of Trust to be executed as of the date first above written. FOSTORIA PARK ASSOCIATES, L.L.C., a Washington if t. liability company By Its: STATE OF (1)1f TY } frit ) ss COUNTY OF ' ) On this 1C day of -JUL_ v , 2004, before me, the undersigned, a Notary Public in and or the State of iN11 , duly commissioned and sworn, personally appeared ('%'T ' 7.. �1/t Ar5ON , to me known to be the M A N of Fostoria Park Associates, L.L.C., a Washington limited liability company, the company that executed the foregoing instrument and acknowledged the said mstrument to be the free and voluntary act of and deed of said company, for the uses and purposes therein mentioned, and on oath stated that (ir W R3 authorized to execute the said instrument. Witness my hand and seal the day and year first above written. My Commission Expires: Notary Public resift at� Printed Name: ` s io ' .C; i coG 6510 i ; o NO1ARYGOt i • U PUBUG i • 'h4`')'• • .3 -z -o`? •.e. op wps 3407/1022,07/14 /04 - 37 - ZOU4U /Z1 UU74Z6.U4' EXHIBIT "A" LEGAL DESCRIPTION LOT 3, CITY OF TUKWILA SHORT PLAT NUMBER 79- 26 -SS, RECORDED UNDER RECORDING NUMBER 8004240503, IN KING COUNTY, WASHINGTON, AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 8210010841 AND 8607100861; BEING A PORTION OF TRACTS 16 AND 17, FOSTORIA GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 9, OF PLATS, PAGE 95, IN KING COUNTY, WASHINGTON. 3407/1022;07/14 /04 OPPENHEIMER 2230607 v03 07/07/2004 When Recorded Return To. Kenneth C. Rowe Oppenheimer Wolff & Donnelly LLP 3300 Plaza VII 45 South Seventh Street Minneapolis, Minnesota 55402 (612) 607-7000 20040721001427 CHICAGO TITLH ASNR 28 00 PAGE001 OF 010 KINGICOUNTY, UA1 Document Title ASSIGNMENT OF LEASES AND RENTS Assignor FOSTORIA PARK ASSOCIATES, L.L.C., a Washington limited liability company Assignee IDS LIFE INSURANCE COMPANY, a Minnesota corporation Legal Description (Abbreviated: i.e., lot, block, plat or section, township, range) Lo-k--,e.-..A---1 o-F-rv�..,.s e,.. 5 ,4- ,pta- -. n i_ -LCp —s S ca00,42L1OS03 © Additional legal on Exhibit "A" U , i v • G c Assessor's Property Tax Parcel/Account Numbers. 2613200086/261320008608 CI11C O SOS 1 S CO' lP RAF# VI' 3407/1011,07/14 /04 1 20040721001427.00; Loan No. 694002120 ASSIGNMENT OF LEASES AND RENTS THIS ASSIGNMENT, made this o21 day of July, 2004, by FOSTORIA PARK ASSOCIATES, L.L.C., a Washington limited liability company, whose post-office address is c/o ESM Properties, 15100 S.E. 38th Street, #792, Bellevue, Washington 98006 (hereinafter referred to as the "Assignor "), to IDS LIFE INSURANCE COMPANY, a Minnesota corporation, whose address is c/o American Express Financial Corporation, 25540 AXP Financial Center, Minneapolis, Minnesota 55474 (hereinafter referred to as the "Assignee "), WITNESSETH: FOR VALUE RECEIVED, the Assignor hereby grants, transfers and assigns to the Assignee all of the right, title and interest of the Assignor in and to all leases now or hereafter entered mto whether oral or wntten which demise any portion of the real estate described in Exhibit "A" attached hereto (hereinafter referred to as the "Premises "), together with any and all extensions and renewals thereof (all such leases being hereinafter collectively referred to as the "Leases "), together with any guarantees of the tenants' obligations thereunder, together with the immediate and continuing right to collect and receive all rents, income, payments and profits ansing out of said Leases or out of the Premises or any part thereof, together with the right to all proceeds payable to the Assignor pursuant to any purchase options on the part of the tenants under the Leases, together with all payments derived therefrom including but not limited to claims for the recovery of damages done to the Premises or for the abatement of any nuisance existing thereon, claims for damages resulting from default under said Leases whether resulting from acts of insolvency or acts of bankruptcy or otherwise, and lump sum payments for the cancellation of said Leases or the waiver of any obligation or term thereof pnor to the expiration date and the return of any insurance premiums or ad valorem tax payments made in advance and subsequently refunded (hereinafter referred to as the "Rents "), all for the purpose of securing the following (hereinafter collectively referred to as the "Indebtedness "). ONE. Payment of the indebtedness evidenced by that certain Promissory Note (hereinafter referred to as the "Note ") (includmg any extensions or renewals thereof) m the pnncipal sum of Two Million Two Hundred Thousand and 00/100 Dollars ($2,200,000.00) dated of even date herewith, executed and delivered by the Assignor and payable to the order of the Assignee, secured by a Deed of Trust and Security Agreement and Fixture Financing Statement with Assignment of Leases and Rents (hereinafter referred to as the "Deed of Trust ") of same date from the Assignor to the Assignee upon the Premises, filed for record m the County of King, State of Washington; TWO Payment of all other sums with interest thereon becoming due and payable to the Assignee herein and in said Note and Deed of Trust contained; THREE. Performance and discharge of each and every obligation, covenant and agreement of the Assignor herein and in said Note and Deed of Trust contained. 3407/1022,07/14 /04 20040721 001427.0C AND THE ASSIGNOR FURTHER AGREES, ASSIGNS AND COVENANTS: 1 Performance of Leases. To faithfully abide by, perform and discharge each and every obligation, covenant and agreement of said Leases by lessor to be performed; to use its best efforts to enforce or secure the performance of each and every obligation, covenant, condition and agreement of said Leases by the tenants to be performed; not to modify, extend, renew, terminate, accept a surrender of, or in any way alter the terms of the Leases; nor borrow against, pledge, or assign any of the Assignor's nghts under the Leases or any Rents due thereunder, nor consent to a subordination or assignment of the interest of the tenants thereunder to any party other than the Assignee, nor anticipate the rents thereunder for more than one (1) month m advance or reduce the amount of the rents and other payments thereunder, nor waive, excuse, condone or in any manner release or discharge the tenants of or from their obligations, covenants, conditions and agreements to be performed, nor to incur any indebtedness to the tenants, nor enter into any additional Leases of all or any part of the Premises without the prior written consent of the Assignee. Notwithstanding the restnctions set forth above in this Section 1, Assignor may, without the pnor wntten consent of Assignee, modify any lease or enter into any new or renewal leases with respect to space in the Premises which is subject to a lease disclosed to Assignee and in effect as of the date hereof, which modified, new or renewal lease: (a) affects leased property not exceeding 5,000 rentable square feet when aggregated with other leases with that tenant on the Premises; (b) requires payment of rent at a level equal to or greater than the rents payable under the lease currently in effect for such space; (c) has been prepared on the standard form of lease that Assignee has previously approved; and (d) has a modified, new or renewal lease term (including any renewal options) not in excess of ten (10) years. A copy of all the executed leases must be provided to Assignee. Assignor shall notify Assignee of any defaults by tenants occupying 5,000 square feet or more of the Premises or having a lease term ( mcludmg renewal options) of more than ten (10) years. 2_ Protect Secunty, At the Assignor's sole cost and expense, to appear in and defend any action or proceeding arising under, growing out of or in any manner connected with the Leases or the obligations, duties or liabilities of the lessor thereunder, and to pay all costs and expenses of the Assignee, includmg attorneys' fees in a reasonable sum, in any such action or proceeding in which the Assignee in its sole discretion may appear. 3. Representations. With respect to the Leases disclosed to Assignee in that certain Certificate of Tenancies and Leases dated of even date herewith, the Assignor represents and warrants that: (a) it is now the absolute owner of the Leases with full right and title to assign the same and the Rents due thereunder, (b) the Leases are valid, in full force and effect and have not been modified or amended; (c) there are no outstanding assignments or pledges of the Leases or Rents due thereunder; (d) there are no existing defaults under the provisions of the Leases on the part of any party thereto; (e) no Rents have been waived, anticipated, 3407/1022,07/14 /04 - 2 - 20040721001427.00 / discounted, compromised or released; and (0 the tenants under the Leases have no defenses, setoffs, or counterclaims against the Assignor. 4. Present Assignment. This Assignment shall constitute a perfected, absolute and present assignment, provided the Assignor shall have the nght to collect, but not prior to accrual, all of the Rents and to retain, use and enjoy the same unless and until an Event of Default shall occur, as defined m the Deed of Trust. Except as provided for herein, the Assignor hereby releases and surrenders to the Assignee all rights to amend, modify or in any way alter the Leases without the pnor written consent of the Assignee 5 Remedies. Upon or at any time during the continuance of an Event of Default, or if any material representation or warranty herein proves to be untrue, then the Assignee, without regard to waste, adequacy of the security or solvency of the Assignor, may declare all Indebtedness immediately due and payable, may revoke the privilege granted the Assignor hereunder to collect the Rents, and may, at its option, without notice, either: a. In person or by agent, with or without taking possession of or entering the Premises, with or without bringing any action or proceeding, give, or require the Assignor to give, notice to the tenants under the Leases authonzing and directing the tenants to pay all Rents directly to the Assignee; collect all of the Rents; enforce the payment thereof and exercise all of the nghts of the Assignor under the Leases and all of the rights of the Assignee hereunder; and may enter upon, take possession of, manage and operate the Premises, or any part thereof; may cancel, enforce or modify the Leases, and fix or modify Rents, and do any acts which the Assignee deems proper to protect the security hereof; or b. Apply for appointment of a receiver as a matter of right and without notice in accordance with the statutes and law made and provided for, which receivership the Assignor hereby consents to, who shall collect the Rents; manage the Premises so as to prevent waste; execute Leases withm or beyond the period of receivership; perform the terms of this Assignment and apply the Rents as hereinafter provided. The entering upon and taking possession of such Premises, the appointment of a receiver, the collection of such Rents and the application thereof as aforesaid shall not cure or waive any default or waive, modify or affect notice .of default under the Deed of Trust or mvandate any act done pursuant to said notice, nor in any way operate to prevent the Assignee from pursuing any remedy which now or hereafter it may have under the terms and conditions of the Deed of Trust or the Note secured thereby or any other instruments secunng the same. The rights and powers of the Assignee hereunder shall remain in full force and effect both prior to and after any foreclosure of the Deed of Trust and any sale pursuant thereto and until expiration of the penod of redemption from said sale, regardless of whether a deficiency remains from said sale. The purchaser at any foreclosure sale, 3407/1022,07/14 /04 - 3 - 20040721001427.00 including the Assignee, shall have the right, at any time and without limitation, to advance money to any receiver appointed hereunder to pay any part or all of the items which the receiver would otherwise be authorized to pay if cash were available from the Premises and the sum so advanced, with interest at the Default Rate, as defined m the Note, shall be a part of the sum required to be paid to redeem from any foreclosure sale 6. Application of Rents Any Rents shall be applied m such order as Assignee shall deem proper to the operation and management of the Premises mcluding: (a) to the payment of the Indebtedness, (b) to payment of all reasonable fees of any receiver appointed hereunder, (c) to payment of reasonable attorneys' fees, (d) to payment when due of pnor or current real estate taxes or special assessments with respect to the Premises or, if the Deed of Trust so requires, to the periodic escrow for payment of the taxes or special assessments then due, (e) to payment when due of premiums for insurance of the type required by the Deed of Trust or, if the Deed of Trust so requires, to the periodic escrow for the payment of premiums then due, and (1) to payment of all expenses for normal maintenance of the Premises. Any Rents remaining after application of the above items shall be apphed to the Indebtedness 7 No Liability for the Assignee. The Assignee shall not be obligated to perform or discharge, nor does it hereby undertake to perform or discharge any obligation, duty or liability under said Leases, nor shall this Assignment operate to place responsibility for the control, care, management or repair of the Premises upon the Assignee, nor for the carrying out of any of the terms and conditions of said Leases; nor shall it operate to make the Assignee responsible or hable for any waste committed on the Premises, or for any dangerous or defective condition of the Premises, or for any negligence in the management, upkeep, repair or control of said Premises resulting in loss or injury or death to any tenant, licensee, employee or stranger, nor hable for !aches or failure to collect the Rents, and the Assignee shall be required to account only for such moneys as are actually received by it All actions taken by the Assignee pursuant to this Assignment shall be taken for the purposes of protecting the Assignee's security, and the Assignor hereby agrees that nothing herein contained and no actions taken by the Assignee pursuant to this Assignment, including, but not limited to, the Assignee's approval or rejection of any Lease for any portion of the Premises, shall in any way alter or impact the obligation of the Assignor to pay the Indebtedness. The Assignor hereby waives any defense or claim that may now exist or hereinafter arise by reason of any action taken by the Assignee pursuant to this Assignment 8. Assignor to Hold Assignee Harmless. The Assignor shall and does hereby agree to indemnify and to hold the Assignee harmless of and from any and all liability, loss or damage which it may or might mcur under the Leases or under or by reason of this Assignment and of and from any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or 3407/1022,07/i 4/04 - 4 - 20040721001427.0C agreements contained in said Leases Should the Assignee incur any such liability, or any costs or expenses in the defense of any such claims or demands, the amount thereof, including costs, expenses, and reasonable attorney's fees, shall be secured hereby, shall be added to the Indebtedness, and the Assignor shall reimburse the Assignee therefor immediately upon demand, and the continuing failure of the Assignor so to do shall constitute a default hereunder and an Event of Default under the Deed of Trust. 9. Security Deposits. The Assignor agrees on demand to transfer to the Assignee any secunty deposits held by the Assignor under the terms of the Leases. The Assignor agrees that such security deposits may be held by the Assignee without any allowance of interest thereon, except statutory interest accruing to the benefit of the tenants, and shall become the absolute property of the Assignee upon a default hereunder or an Event of Default under the Deed of Trust to be applied in accordance with the provisions of the Leases. Until the Assignee makes such demand and the deposits are paid over to the Assignee, the Assignee assumes no responsibility to the tenants for any such security deposit. 10. Authorization to Tenants The tenants under the Leases are hereby irrevocably authorized and directed to recognize the claims of the Assignee or any receiver appointed hereunder without mvestigating the reason for any action taken by the Assignee or such receiver, or the validity or the amount of indebtedness owing to the Assignee, or the existence of any default in the Note, the Deed of Trust, or under or by reason of this Assignment, or the application to be made by the Assignee or receiver The Assignor hereby irrevocably directs and authorizes the tenants to pay to the Assignee or such receiver all sums due under the Leases and consents and directs that said sums shall be paid to the Assignee or any such receiver in accordance with the terms of its receivership without the necessity for a judicial determination that a default has occurred hereunder or under the Deed of Trust or that the Assignee is entitled to exercise its rights hereunder, and to the extent such sums are paid to the Assignee or such receiver, the Assignor agrees that the tenants shall have no further hability to the Assignor for the same. The sole signature of the Assignee or such receiver shall be sufficient for the exercise of any rights under this Assignment and the sole receipt of the Assignee or such receiver for any sums received shall be a full discharge and release therefor to any such tenants or occupants of the Premises. Checks for all or any part of the Rents collected under this Assignment shall upon notice from the Assignee or such receiver be drawn to the exclusive order of the Assignee or such receiver. 11. Satisfaction. Upon the payment in full of all Indebtedness as evidenced by a recorded satisfaction of the Deed of Trust executed by the Assignee, or its subsequent assign, this Assignment shall without the need for any further satisfaction or release become null and void and be of no further effect. 12. Assignee Creditor of the Tenants. Upon or at any time during the continuance of an Event of Default in the payment of any Indebtedness or in the performance of any obligation, covenant, or agreement herein or in the Note and Deed of Trust 3407/1022,07/14 /04 - 5 - ZU11407Z1 U01 4Z7.00 contained, the Assignor agrees that the Assignee, and not the Assignor, shall be and be deemed to be the creditor of the tenants in respect of assignments for the benefit of creditors and bankruptcy, reorganization, insolvency, dissolution, or receivership proceedings affecting such tenants (without obligation on the part of the Assignee, however, to file or make timely filings of claims in such proceedings or otherwise to pursue creditors' rights therein, and reserving the nght to the Assignor to make such filing in such event) with an option to the Assignee to apply any money received by the Assignee as such creditor m reduction of the Indebtedness. 13 Assignee- Attorney -In -Fact. The Assignor hereby irrevocably appoints the Assignee and its successors and assigns as its agent and attorney -in -fact, which appointment is coupled with an interest, to exercise any nghts or remedies hereunder and to execute and deliver during the term of this Assignment such instruments as this Assignee may deem necessary to make this assignment and any further assignment effective. 14 Subsequent Leases. Until the Indebtedness shall have been paid in full, the Assignor will deliver to the Assignee executed copies of any and all other and future leases upon all or any part of the said Premises and agrees to make, execute and deliver unto the Assignee upon demand and at any tune or times, any and all assignments and other instruments sufficient to assign the Leases and the Rents thereunder to the Assignee or that the Assignee may deem to be advisable for carrying out the true purposes and intent of this Assignment. From time to time on request of the Assignee the Assignor agrees to furnish the Assignee with a rent roll of the Premises disclosing current tenancies, rents payable, and such other matters as the Assignee may reasonably request 15. General Assignment of Leases and Rents. The nghts contained in this Assignment are in addition to and shall be cumulative with the rights given and created in Article 6 of the Deed of Trust, assigning generally all leases, rents and profits of the Premises and shall in no way limit the rights created thereunder. The giving of this Assignment is a condition precedent of the Assignee's to the making of the Deed of Trust loan secured hereby. 16 No Mortgagee in Possession. Nothing herein contained and no actions taken pursuant to this Assignment shall be construed as constituting the Assignee a "Mortgagee in Possession ". 17. Continuing Rights. The rights and powers of the Assignee or any receiver hereunder shall continue and remain in full force and effect until all Indebtedness, including any deficiency remaining from a foreclosure sale, are paid in full, and shall continue after commencement of a foreclosure action and, if the Assignee be the purchaser at the foreclosure sale, after foreclosure sale and until expiration of the equity of redemption. 3407/1022,07/14 /04 - 6 - "LUU4U/ Ll UU14L /.UU. 18 Successors and Assigns This Assignment and each and every covenant, agreement and provision hereof shall be binding upon the Assignor and its successors and assigns including, without limitation, each and every from time to time record owner of the Premises or any other person having an interest therein and shall inure to the benefit of the Assignee and its successors and assigns. As used herein the words "successors and assigns" shall also be deemed to mean the heirs, executors, representatives and administrators of any natural person who is or becomes a party to this Assignment. 19 Governing Law. This Assignment shall be governed by the laws of the State of Washington. 20. Validity Clause It is the intent of this Assignment to confer to the Assignee the rights and benefits hereunder to the full extent allowable by law. The unenforceability or invalidity of any provisions hereof shall not render any other provision or provisions herein contained unenforceable or invalid. Any provisions found to be unenforceable shall be severable from this Assignment. 21. Notices. Any notice which any party hereto may desire or may be required to give to any other party shall be in writing and either (a) mailed by certified mail, return receipt requested, or (b) sent by an overnight carrier which provides for a return receipt, or (c) sent by facsimile followed up by mailing of such notice by either of the methods set forth in Section 21(a) or (b) above on the day of sending such facsimile or the next succeeding business day. Any such notice shall be sent to the respective party's address as set forth on Page 1 of this Assignment or to such other address as such party may, by notice m writing, designate as its address. Any such notice shall constitute service of notice hereunder three (3) days after the mailing thereof by certified mail, one (1) day after the sending thereof by overnight carver, and on the same day as the sending of a facsimile pursuant to the terms hereof. 22 Costs of Enforcement. Assignor agrees to pay the costs and expenses, including but not limited to attorneys' fees and legal expenses incurred by Assignee in the exercise of any right or remedy available to it under this Assignment. If Assignee retains attorneys to enforce any of the terms of this Assignment, the Deed of Trust, the Note or any other loan document or because of the breach by Assignor of any of the terms thereof or for the recovery of any Indebtedness, Assignor shall pay to Assignee attorneys' fees and all costs and expenses, whether or not an action is actually commenced and the right to such attorneys' fees and all costs and expenses shall be deemed to have accrued on the date such attorneys are retained, shall include fees and costs in connection with litigation, arbitration, mediation, bankruptcy and/or administrative proceedings, and shall be enforceable whether or not such action is prosecuted to judgment and shall include all appeals. Attorneys' fees and expenses shall for purposes of this Assignment include all paralegal, electronic research, legal specialists and all other costs in connection with that performance of Assignee's attorneys. If Assignee is made a party defendant of any litigation concermng this Assignment 3407/1022,07/14 /04 - 7 - ZUU4U!'1"1 UU141 /.UU: or the Premises or any part thereof or therein, or the construction, maintenance, operation or the occupancy or use thereof by Assignor, then Assignor shall Indemnify, defend and hold Assignee harmless from and against all liability by reason of said litigation, including attorneys' fees and all costs and expenses incurred by Assignee m any such litigation or other proceedings, whether or not any such htigation or other proceedings is prosecuted to judgment or other determination. IN WITNESS WHEREOF, the Assignor has caused this Assignment of Leases and Rents to be executed as of the date first above wntten. FOSTORIA PARK ASSOCIATES, L.L.C., a Washington ' ed liability company By: Its: STATE OF VI trvii Div ) COUNTY OF E--t ) ss } On this I .41-14 day of L`r . , 2004, before me, the undersigned, a Notary Public in and for the State of tirri,t1M-T1,4 , duly commissioned and sworn, personally appeared fiffifenT ' ' N i tv PN , to me known to be the MTV ki5L7i of Fostoria Park Associates, L.L.C., a Washington limited liability company, the company that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act of and dee of said company, for the uses and purposes therein mentioned, and on oath stated that ? Lk/N-72 authorized to execute the said instrument Witness my hand and seal the day and year first above wntten. My Commission Expires: --)A7c77077% 3407/1022,07/14 /04 4ex- o0 .;t SMOu `1 Notary Public res ding at S 0 .- »N �A�. 1111Pnnted Name: tar *w m/44- �; NOlhh 9 •• N 1/ .p — i • . �B��G I ii ..z.1 iI +1 sj• • 3 2 -� .. , - 8 - 20040721001427.01( EXHIBIT "A" LEGAL DESCRIPTION LOT 3, CITY OF TUKWILA SHORT PLAT NUMBER 79- 26 -SS, RECORDED UNDER RECORDING NUMBER 8004240503, IN KING COUNTY, WASHINGTON, AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 8210010841 AND 8607100861; BEING A PORTION OF TRACTS 16 AND 17, FOSTORIA GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 9, OF PLATS, PAGE 95, IN KING COUNTY, WASHINGTON. 3407/1022,07/14 /04 OPPENHEIMER 2230669 v02 06/27/2004 STATE OF WASHINGTON CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E-mail: tuknlan(aci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 4487 South 134th Place for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. The City shall, at its discretion , cancel the application without refund of fees, if the applicant does not respond to specific requests for items on the "Complete Application Checklist" within ninety (90) days. 7. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of EXECUTED at/ �j' Q (city), WA (state), on iJLY 2 / 2_0 0 26-6 (Print a i), /as-2_ fie gmeeW � (Addres !� _Wig. -2 5� On this day personally appeared before me the foregoing instrument and acknowledged that he /she signed the same as his/her voluntary act and deed for the mentioned therein. (Pho (Signatufe CA-S �t..nrysrn to me known to be the indivi � . %1 �o`��. ,. ted SUBSCRIBED AND SWORN TO BEFORE ME ON T DAY OF NOTAR�BQ(\ pnd for the S' t op f }�as}}iggton \, L Lim M residing at ,(�� (� My Commission expires on \ 1 R 1 a O0.- • (7/7171.217 TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tukwila.wa.us • BINDING SITE IMPROVEMENT PLAN APPLICATION FOR STAFF USE ONLY Sierra Type P -BSIP Planner: j'all'1?ie ge ,d1 S File Number: `, OF — 01 Application Complete (Date: (1 /7 /08' ) Project File Number: Application Incomplete (Date: ) Other File Numbers: RRE 07 .- 05-5- NAME OF PROJECT/DEVELOPMENT: Fostoria Park Binding Site Improvement Plan LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 4487 South 134th Place /SWC - South 133rd Street and South 134th Place LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 261320 -0086 DEVELOPMENT COORDINATOR: The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. Name: Alexia Dorsch, Barghausen Consulting Engineers, Inc. Address:18215 72nd Avenue South, Kent, WA 98032 Phone: (425) 251 -6222 FAX: (425) 251 -8782 P: \Planning Forms \Applications \2007 Applications \ BindSite-12-07.doc, 12/ 07/07 13349.004.pdf COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived, or should be submitted at a later date for use at the public hearing (e.g. colored renderings). Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow starting project review and vesting the applicant's rights. However, they in no way limit the City's ability to require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206 - 431 -3670 (Department of Community Development) and 206 - 433 -0179 (Department of Public Works). Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning APPLICATION MATERIALS: X 1. Application Checklist (1 copy) indicating items submitted with application. X 2. Completed Application Form and drawings (4 copies). X 3. One set of all plans reduced to 8 1/2" by 11" or 11 "x17 ". X 4. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). X 5. Application Fee — $1,215. N/A 6. SEPA Environmental Checklist (for projects with 5 -9 lots or cut/fill over 500 cubic yards see SEPA Application Packet). PUBLIC NOTICE MATERIALS: N/ A 7. If the project requires SEPA review or involves a BSIP of 5 —9 lots: Payment of a $365 notice board fee to FastSigns Tukwila or Provide a 4' x 4' public notice board on site within 14 days of the Department determining that a complete application has been received (see Public Notice Sign Specifications Handout). N/ A 8. If the project involves a BSIP of 5 —9 lots: Payment of a $105 mailing label fee to the City of Tukwila or Provide one set of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subject property. Note: Each unit in multiple- family buildings - -e.g. apartments, condos, trailer parks - -must be included (see Public Notice Mailing Label Handout). N/ A 9. If the project involves a BSIP of 5 —9 Lots: If providing own labels King County Assessor's map(s) which shows the location of each property within 500 ft. of the subject lot. PROJECT DESCRIPTION AND ANALYSIS: X 10. Title Report: Clearly establish status as legal lot(s) of record, ownership, all known easements and encumbrances, must be dated within 45 days of application filing (2 copies). N/A 11. Sewer and water availability letters are required from the provider district if the area is not serviced by the City of Tukwila. Forms are available at the DCD office. N/A 12. Any required maintenance agreements, easements or other documents ready for recording. N/A 13. Technical Information Report (TIR) including feasibility analysis per King County Surface Water Design Manual (KCSWDM). Two copies are required, for additional guidance contact Public Works. N/A 14. Provide two copies of sensitive area studies such as wetland or geotechnical reports if P: \Planning Forms \ Applications \2007 Applications \ BindSite-12-07.doc, 12/07/07 13349.004.pdf Check items submitted with application Information ReaWed. May be waived in unusual cases, upon pproval of both Public Works and Planning needed per Tukwila's Sensitive Areas Ordinance (TMC 18.45). See Customer Assistance Bulletin B4 for Geotechnical Report Guidelines (online at www.ci. tukwila. wa. us /pubwks/bulletins /cablist.pdf) and Sensitive Area Special Study Guidelines (online at www.ci .tukwila.wa.us /dcd/dcdplan.htm) for additional information. X 15. Provide recorded documents that identify the nature and extent of existing easements. SURVEY: a template is available from the City in AutoCAD format X 16 (a) The survey must include the name of the project, graphic scale, space for the City of Tukwila file number and north arrow. It shall be drawn with black ink in record of survey format and include the elements listed at TMC 17.04.060. This shall be stamped by the surveyor. X (b) Legal descriptions of the existing and proposed lots. (c) All applicable certificates and approvals (listed on the template, see TMC 17.04.060). X (d) Existing and proposed lot lines shall be shown solid with new lines called out and lot lines to be removed shall be shown dashed. X (e) Lot and block numbers shall begin with the number one (1) and be numbered consecutively without omission or duplication. X (f) Total lot or parcel sizes and average width of each proposed lot. N/A (g) Dash in required setback distances from all parcel lot lines. X (h) Fire access lanes and turn- arounds per Fire Department standards. X (i) Location of all tracts to be dedicated to any public or private purpose shall be distinguished from lots intended for general development with notes stating their purpose and limitations. (j) Locations of existing and proposed public street rights -of -way and private access easements. X (k) Location, dimension and purpose of existing and proposed easements. X (1) Vicinity Map with site location, does not have to be to scale. LANDSCAPE PLAN: N/A 17 (a) Landscape planting plan stamped and signed by a Washington State licensed landscape architect. Plans must include the type, quantity, spacing and location of all plantings. Maximum sheet size 24" x 36 ". N/A (b) Show all existing trees to be retained and any tree protection measures required (for example fencing at drip line). SENSITIVE AREAS PLAN: X 18 (a) Location of all sensitive areas (e.g. streams, wetlands, slopes over 20 %, coal mine areas and important geological and archaeological sites). For stream frontage provide existing and proposed top of stream bank, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr. flood). Maximum sheet size 24" x 36 ". X (b) Location of all required sensitive area buffers, setbacks tracts and protection measures. X (c) Show all significant trees (4" or more in diameter measured 4.5 feet above grade), indicating those to be retained and those to be removed. A tree permit will be required for removal of any significant trees within a sensitive area or its buffer. X (d) Show proposed lot and tract lines. CIVIL PLANS: N/ A 19 (a) One set of all civil plans and analyses shall be stamped, signed and dated by a licensed professional engineer. Include a graphic scale and north arrow. Maximum sheet size 24" x 36 ". P: \Planning Forms \ Applications \ 2007 Applications \ BindSite-12-07.doc, 12/07/07 13349.004.pdf Check items submitted with application Information Reg% Wed. May be waived in unusual cases, upon oproval of both Public Works and Planning N/A (b) Vertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion calculations to NGVD 1929, if in a flood zone or flood -prone area. N/A (c) Existing (dashed) and proposed (solid) topography at 2' intervals (minimum 5 ft. beyond the property line). N/A (d) Total expected cut and fill for buildout. N/A (e) Existing and proposed utility easements and improvements, on site and in street (water, sewer, power, natural gas, telephone, cable). Schematic designs to be provided regardless of purveyor (a •g• site line size, location, and size of public main). No capacity hcalcs invert depth, , valve locations or the like are needed. N/A (f) Storm drainage design at least 90% complete, which meets the KCSWDM. Call out total existing and proposed impervious surface in square feet. Include all storm drainage conveyance systems, water quality features, detention structures, maintenance access and safety features. N/A (g) Locate the nearest existing hydrant and all proposed hydrants. N/A (h) Show the 100 yr. flood plain boundary and elevation as shown on FEMA maps. N/A (i) Plan, profile and cross - section for any right -of -way improvements. N/A (j) Show planned access to lots, driveways, fire access lanes and turn- arounds. N/A (k) Show the location and distance to proposed property lines of all existing structures, indicating those to be removed. Show the expected location of all new buildings. N/A (1) Show proposed lot and tract lines. P: \Planning Forms \ Applications \ 2007 Applications\ BindSite-12-07.doc, 12/07/07 13349 .004 . pdf