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Home My WebLink AboutPermit L08-033 - CHUNG RICHARD - SHORT PLATWESTFIELD MALL BSIP L08 -033 T r r., .. tiv�n.� -4' ��4 t n '•...c.<• J FILE L C IT IL ALE GOB - .a35 ES • city of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director Notice of Decision October 22, 2008 Mr. Richard Chung Westfield Southcenter Mall 633 Southcenter Mall Tukwila, WA 98188 RE: Westfield Southcenter Mall Binding Site Improvement Plan (BSIP) L08 -033 Dear Mr. Chung: The Short Subdivision Committee has completed review of your binding site improvement plan application (No. L08 -033), and determined that it complies with all applicable City code requirements. A Determination of Significance was issued on July 29, 2003. The Draft Environmental Impact Statement (EIS) was issued on June 21, 2004 and the Final EIS on October 7, 2004. 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 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 binding site improvement plan is consistent with the Criteria for Preliminary Approval listed at TMC 17.16.030 C in the Tukwila Subdivision Code. Preliminary Approval Conditions 1 Remove: "The owner of each new parcel shall be responsible at its sole cost and expense for the maintenance, repair, and replacement of parking lot areas and landscaping located on each of their respective parcels." SM H: \L08 -033 Westfield BSIP \NOD draft.doc Page 1 of 4 10/20/2008 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665 Add (amended) language submitted by Megan Nelson of Gordon Derr on 10- 15 -08: "Upon the conveyance of any New Parcel, the Owner shall: (1) grant easements as necessary to serve any New Parcel with utilities, subject to provisions for utility location, maintenance, cost - sharing, and restoration obligations; and (2) negotiate enter into an agreement with the party acquiring the New Parcel, responsibility for the maintenance, repair, and replacement of parking lot areas, pedestrian connections, and landscaping on the New Parcel being conveyed." 2. Remove iteration notes from the recorded copy on each sheet of the BSIP. 3. Move the parenthesis on the "Replaces Olive Garden..." note from after the recording number to after the file number. 4. Transit Center: remove hashing and "new transit center to be granted..." notes from sheet 8 and note from sheets 4 (end of column 1). 5. Provide to the City: A. Signed and notarized Bill of Sale for utility facilities from WEA to City of Tukwila (to be recorded after the BSIP). B. Signed and notarized Utility Easement for waterline and water meters (to be recorded after the BSIP). C. A new legal description with revised point of beginning for the transit center. D. Current draft of the ROW dedication including, in proper Exhibit format, the new legals and exhibits for the ROW dedication within Southcenter Parkway and Strander Boulevard to reflect the Klickitat project after the BSIP per the red -lined attachments. Include excise tax affidavit. APPEALS This binding site improvement plan approval decision may be appealed to the Hearing Examiner. One administrative appeal of the decision on the binding site improvement plan, excluding challenges to the DNS, 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 14 days of the issuance of the Notice of Decision (11/5/2008). 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. SM Page 2 of 4 10/20/2008 H: \ L08 -033 Westfield BSIP\ NOD draft.doc • to 3. A statement identifying the decision being appealed and the alleged errors in the decision, including any specific challenge to an MDNS. 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 $215. 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. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. 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 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. 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. SM Page 3 of 4 10/20/2008 H: \L08-033 Westfield BSIP \NOD draft.doc In many circumstances, building permits on the property may not be issued until a copy of the recorded binding site improvement plan is returned to the Department of Community Development. If you have any questions about this matter please direct them to the project planner, Stacy MacGregor at 206 - 433 -7166 or by email at smacgregor @ci.tukwila.wa.us. incerely, ck Pace hair, Short Subdivision Committee Attachments: Plan submittal set with red -lined comments Red -lined Klickitat ROW dedication documents cc: Jim Morrow, Public W rector 1') (please initial your approval) Nick Olivas, Fire Chie -J e initial your approval) File (L08 -033) King County Assessor, Accounting Division Department of Ecology, SEPA Division SM Page 4 of 4 10/20/2008 H:\L08-033 Westfield BSIP\NOD draft.doc • • , GordonDe.rr ATTORNEYS AT LAW October 28, 2008 Mr. Jack Pace Chair, Short Subdivision Committee City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 Re: Westfield Southcenter Mall Binding Site Improvement Plan (BSIP) L08 -033 Dear Mr. Pace: 1N371dO13A3U JWNf1WWO3 Boot Y; : 130 G3A133Yd This correspondence serves as our transmittal letter for the submission of the final Westfield Southcenter Mall Binding Site Improvement Plan to the Chair of the Short Subdivision Committee for signature. On Friday, October 17`h, Westfield received a Notice of Decision containing draft preliminary approval for the Westfield Southcenter Mall Binding Site Improvement Plan application (No. L08 -033). The Notice of Decision contained five Preliminary Approval Conditions. The binding site improvement plan sheets and the enclosed documents have been revised to address each of these conditions. The five Preliminary Approval Conditions are highlighted in bold and our action in response to each are outlined below: 1. Remove: "The owner of each new parcel shall be responsible at its sole cost and expense for the maintenance, repair, and replacement of parking lot areas and landscaping located on each of their respective parcels." Add (amended) language submitted by Megan Nelson of Gordon Derr on 10- 15-08: "Upon the conveyance of any New Parcel, the Owner shall: (1) grant easements as necessary to serve any New Parcel with utilities, subject to provisions for utility location, maintenance, cost - sharing, and restoration obligations; and (2) negotiate enter into an agreement with the party acquiring the New Parcel, responsibility for the maintenance, repair, and replacement of parking lot areas, pedestrian connections, and landscaping on the New Parcel being conveyed." 2025 First Avenue, Suite 500, Seattle, WA 98121 -3140 206 - 382 -9540 fax 206 - 626 -0675 www.GordonDerr.com Mr. Jack Pace • 2 9 October 28, 2008 Sheet 4 of 8 of the Binding Site Improvement was revised to replace the above parking lot areas and landscape condition with the amended language submitted by Megan Nelson on 10- 15 -08. For purposes of readability, on Friday, October 24th per email notification, Stacy MacGregor approved our request to add the modifier "assigning" into the condition as follows: "... (2) enter into an agreement with the party acquiring the New Parcel, assigning responsibility for the maintenance, repair, and replacement of parking lot areas, pedestrian connections, and landscaping on the New Parcel being conveyed." 2. Remove iteration notes from the recorded copy on each sheet of the BSIP. Binding Site Improvement Plan sheets 1 through 8 were revised to remove the iteration notes. 3. Move the parenthesis on the "Replaces Olive Garden..." note from after the recording number to after the file number. Per the City's request, Binding Site Improvement Plan sheets 1 through 8 were revised to move the parenthesis on the "Replaces Olive Garden ..." note from after the recording number to after the file number. 4. Transit Center: remove hashing and "new transit center to be granted..." notes from sheet 8 and note from sheets 4 (end of column 1). Binding Site Improvement Plan sheets 4 and 8 were revised to remove any depiction and /or reference to the Transit Center. 5. Provide to the City: A. Signed and notarized Bill of Sale for utility facilities from WEA to City of Tukwila (to be recorded after the BSIP). The signed and notarized Bill of Sale for utility facilities from WEA to City of Tukwila is enclosed and located behind Tab A. B. Signed and notarized Utility Easement for waterline and water meters (to be recorded after the BSIP). The signed and notarized Utility Easement for waterline and water meters is enclosed and located behind Tab B. C. A new legal description with revised point of beginning for the transit center. A new legal description with a revised point of beginning for the Transit Center is enRrsa EYED located behind Tab C. OCT 2 2Q08 COMMUNiT( DEVELOPk EMIT Mr. Jack Pace • 3 • October 28, 2008 D. Current draft of the ROW dedication including, in proper Exhibit format, the new legals and exhibits for the ROW dedication within Southcenter Parkway and Strander Boulevard to reflect the Klickitat project after the BSIP per the red -lined attachments. Include excise tax affidavit. A current draft of the ROW dedication, including new legals and exhibits for the ROW dedication and an excise tax affidavit is enclosed and located behind Tab D. Per the draft preliminary approval, we have also included three unsigned copies of the final Westfield Southcenter Mall Binding Site Improvement Plan for routing to the Department of Community Development. The five preliminary approval conditions have been satisfied. Please sign the BSIP as soon as possible and notify Megan Nelson at 206 - 382 -9540 or mnelson(agordonderr.com so that the original BSIP can be submitted for recording. Very truly yours, Megan . Nelson MMN:mmn Enclosures cc: Stacy MacGregor, City of Tukwila Richard Chung, Westfield Nick Lee, Westfield RECEIVE") OCT 2 r. 2008 COMMUNiTI DEVELORI i!T MEMORANDUM www.ci.tukwila.wa.us Development Guidelines and Design and Construction Standards TO: PLANNING DEPT. — Stacy MacGregor , Assistant Planner FROM: PUBLIC WORKS DEPT. — David McPherson, Development Engineer DATE: October 13, 2008 SUBJECT: Westfield Southcenter Mall BSIP — Utility Easement / Bill of Sale for Utility Facilities / Right -of -Way Dedication / Conveyance of Public Improvements Permit Nos. PW05 -125 / PW06 -067 / PW06 -072 / PW08 -116 / PW08 -117 Site Address — xxxx Southcenter Mall Parcel Nos.: 636420 -0010, 262304 -9090, 262304 -9084, 262304 -9085, 359700- 0240,115720- 0292,115720 -0290, 262304 -9023, 537920 -0330, 537920 -0240, 537920 -0241, 359700 -0247, 636420 -0020 I made the following comments on August 20, 2008 - "Utility Easement — Replaces water & sanitary sewer easement along the West portion of the Mall. New easement is for water line and legally describes the Owner's Property, after completion of the BSIP. Bill of Sale for Utility Facilities — Turns back to the Mall - water, sanitary sewer, & storm drainage systems; within the Mall. The bill of sale legally describes the Owner's Property, after completion of the BSIP. Right -of -Way Dedication — Dedicates right -of -way as part of the Klickitat Project, along the West portion of the Mall. Right -of -Way Dedication legally describes the Owner's Property, after completion of the BSIP. Conveyance of Public Improvements — Westfield conveys to the City - 133 LF of 8 -inch SDR 35 pipe, three (3) 48" Type II sanitary sewer manholes; two (2) 10 -inch gate valves, five (5) feet of 2 -inch water service line, one (1) each — 2- inch water meter box with 2" angle stop /check valve, ten (10) feet of 2 -inch water service line, two (2) each — 1.5 -inch water meter box with 1.5" angle stop /check valve, three (3) water tap service, three (3) eight inch saddle, one (1) 2" corp. stop, two (2) 1.5" corp. stop, and all appurtenances; 745 LF of curb and gutter, twelve (12) ADA ramps, 10,044 SF of concrete sidewalks, and 834 SF of asphalt ped path. One (1) controller cabinet, four (4) Type III signal poles, three (3) Type PS ped poles, Page 1 of 2 1 • ten (10) traffic signals, eight (8) ped pushbuttons, eight (8) ped signals, four (4) video detection, and street appurtenances including RPM paint striping and other materials. The deed of conveyance of public improvements legally describes the Owner's Property, after completion of the BSIP." The following are my revised comments dated October 13, 2008 — 1. I have provided by e -mail and hard copies (a) sample water easement (b) sample sanitary sewer easement (c) sample ingress /egress & utilities easement (d) portions of (BSIP) showing parcels for Bank of America needing water easement & Fidelity needing water easement and sanitary sewer easement. 2. Westfield will need to provide a draft copy of a Private water easement for Bank of America. 3. Westfield will need to provide a draft copy of a Private water easement and a Private sanitary sewer easement Fidelity. 4. Bill -of -Sale (City to Westfield) — PW previously reviewed and approved draft. 5. Right -of -Way Dedication w/ Excise Tax Affidavit - PW previously reviewed and approved draft. 6. Easement for water along West portion of mall property & for new water meter service lines - PW previously reviewed and approved draft. 7. Cyndy wrote the following "I just spoke with Minnie and Stacy about the ROW dedication for Klickitat and the BSIP for Westfield. The current language is showing the ROW as being dedicated in the future. That isn't acceptable to me. We need to get the paperwork done for the dedication and have it as part of the conditions of approval of the BSIP. You know how to do that, I don't. The ROW legals and drawings have been approved as being what we need. Please talk to either me or Minnie /Stacy if you've got questions. Is it possible to have this done by Tuesday? They expect to meet with Richard Chung on that day. (I previously reviewed and approved a draft Right -of -Way Dedication w/Excise Tax Affidavit. I have not seen the final document. It will take several days to execute this document, even after receiving it from Westfield. Needs to go through the Transportation Committee (or) Council and be signed by the Mayor.) Page 2 of 2 I (10/071008) Stacy MacGregor - Re: VV • BSIP meeting 9.23.08 From: "Moira Bradshaw" <moira @ci.tukwila.wa.us> To: "Richard Chung" <RChung @us.westfield.com> Date: 09/25/2008 3:33 PM Subject: Re: WSCR: BSIP meeting 9.23.08 Attachments: Text.htm CC: "Cyndy Knighton" <Cyndy @ci.tukwila.wa.us >, "David McPherson" <Dave- M @ci.... Richard - I set the meeting up to pass along information to you on the Transit Center; however, I've spent some time reviewing your concerns and respond to them below in italic. Kind regards, Moira Carr Bradshaw, AICP Senior Planner, DCD City of Tukwila 6300 Southcenter BL, Suite 100 Tukwila WA 98188 Phone: (206) 431- 3651 »> On 09/23/2008 at 5:29 PM, in message < 4555E0212FDB4A49B9C0385CAD7693425A3A31 @ USLAX- EVS01.us.ad.westfield.com >, "Richard Chung" <RChung @us.westfield.com> wrote: Moira and Stacy, As a follow -up to today's meeting, I wanted to let you know that Brent or Megan will contact you to discuss comments made today regarding parking as a principle use on the BOA site (northeast corner of the property). Brent will also clarify that we are submitting a E.I.S. Addenda not a "supplement" as was mentioned during today's meeting. I apologize for the confusion, we've agreed that an addendum would be the preferred course for any change in the proposal that is minor new information and because we've assumed that the amended proposal will not likely have significant adverse impacts that have not been analyzed in the existing EIS. My understanding is that the BOA property is tied to the Mervyn's (next) Phase because of the parking count. Currently the BOA property is completely separate from all agreements and encumbrances regarding the Mall, except for the BAR condition. The zoning code restriction on use of that site for "stand- along" parking will need to be addressed before a permit is issued for parking lot improvements. You may want to create either a reciprocal easement, convenant or lot consolidation. The BOA BAR condition required a financial guarantee of 150% for the demolition and construction of parking on the old BOA site, should that not be completed prior to the new BOA opening. We will address the items #1 through 5 from your latest round of comments dated September 19, 2008. As agreed, we will not be required to submit an additional sheet showing landscaping, parking and the new parcels as requested in your comment letter. I have researched the landscaping /irrigation plans for the two new lots, BOA and Fidelity and the City can not approve the creation of these lots with the requirement that the owner of those lots be responsible for the landscape maintenance. 1. Westfield owns the irrigation system that serves the landscape beds. 2. The area defined by the new lot lines - with respect to Fidelity in particular, is not discernable in the field (10/07/008) Stacy MacGregor - Re: W;, Page 21 because the new lot lines follow no logical boundary. The City will not create a situation where any rational person can not determine their responsibility of ownership nor create a situation, due to the irrigation lines, that doesn't allow that owner to fulfill their responsibility. We do not want a situation where 2, 3, or 15 years from now, any person looking at this asks - "what were they thinking! ?" The simplest solution seems to be that Westfield assume responsibility for the landscaping and in any sublease Westfield can assign that responsibility, if you choose. I realize the BOA will own their site - but the amount of landscape area is small and Westfield is already irrigating the plants. I have also researched the status of the Klickitat R.O.W. and understand that the R.O.W. has not been finalized and that we are waiting for Public Works and their consultant. Based on our conversation today, there are pending comments or revision requests for the Transit Center Easement from Cyndy Knighton, which we have not received yet. It seems that both, Klickitat R.O.W. and the Transit Easement will not be completed for the BSIP approval and Recording. As stated today, the BSIP needs to be approved and recorded when the submission is completed and not recorded concurrently with the recording of the ROW and Easement. Westfield is bound by the Development Agreement for both the Transit Easement and the Klickitat ROW. The City will record the four separate legal documents upon completion of our review and your recordation of the BSIP. They are: Klickitat ROW dedication, Utility turnover, Utility easement and Transit Center Easement. If both documents (ROW, Easement) are completed timely and ready for recording when the BSIP is ready, we have no issues with recording concurrently, however these documents can not hold -up the recording of the BSIP and the BSIP recording can not be contingent upon the recording of the ROW and / or Easement. Please confirm that my statement regarding the Klickitat ROW status is accurate when you have had the opportunity to check with Cyndy Knighton. Cyndy has forwarded your legal descriptions to the City's Klickitat consultant for a spot check of the work. We are reviewing the Transit center easement language. Thanks Richard L. Chung / Director of Development / Pacific Northwest Westfield Southcenter / 633 Southcenter Mall, Trailer #2 / Seattle, WA 98188 T 206.802.6010 / C 310.919.8007 / F 206.246.7043 / rchung @westfield.com CONFIDENTIALITY NOTICE: The information contained in this e-mail transmission is intended only for the use of the individual or entity named above. This e-mail transmission, and any documents, files, previous e-mail transmissions or other information attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient of this e-mail message, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, dissemination, distribution, copying or other use of this transmission or any of the information contained in or attached to it is strictly prohibited. If you have received this e-mail transmission in error, please (10/07/008) Stacy MacGregor - Re: Wy('� BSIP meeting 9.23.08 Page 3 immediately notify us by return e-mail transmission or by telephone, and destroy the original e-mail transmission and its attachments without reading, saving, or utilizing it in any manner. We're committed to sustainable business practices. Please print only when necessary, and recycle. (10 '/2008) Stacy MacGregor - WSCF From: To: Date: Subject: thcenter BSIP Meeting 9.23.08 "Richard Chung" <RChung @us.westfield.com> "Moira Bradshaw" <mbradshaw @ci.tukwila.wa.us >, "Stacy MacGregor" <smacgr... 09/23/2008 5:30 PM WSCR: Southcenter BSIP Meeting 9.23.08 CC: <jpace @ci.tukwila.wa.us >, "Brent Carson" <bcarson @GordonDerr.com >, <mnel... Moira and Stacy, As a follow -up to today's meeting, I wanted to let you know that Brent or Megan will contact you to discuss comments made today regarding parking as a principle use on the BOA site (northeast corner of the property). Brent will also clarify that we are submitting a E.I.S. Addenda not a "supplement" as was mentioned during today's meeting. We will address the items #1 through 5 from your latest round of comments dated September 19, 2008. As agreed, we will not be required to submit an additional sheet showing landscaping, parking and the new parcels as requested in your comment letter. I have also researched the status of the Klickitat R.O.W. and understand that the R.O.W. has not been finalized and that we are waiting for Public Works and their consultant. Based on our conversation today, there are pending comments or revision requests for the Transit Center Easement from Cyndy Knighton, which we have not received yet. It seems that both, Klickitat R.O.W. and the Transit Easement will not be completed for the BSIP approval and Recording. As stated today, the BSIP needs to be approved and recorded when the submission is completed and not recorded concurrently with the recording of the ROW and Easement. Westfield is bound by the Development Agreement for both the Transit Easement and the Klickitat ROW. If both documents (ROW, Easement) are completed timely and ready for recording when the BSIP is ready, we have no issues with recording concurrently, however these documents can not hold -up the recording of the BSIP and the BSIP recording can not be contingent upon the recording of the ROW and / or Easement. Please confirm that my statement regarding the Klickitat ROW status is accurate when you have had the opportunity to check with Cyndy Knighton. Thanks Page 1 10/- 7/2008) Stacy MacGregor-- W-SCIiiircenter BSIP Meeting 9.23.08 Richard L. Chung / Director of Development / Pacific Northwest Westfield Southcenter / 633 Southcenter Mall, Trailer #2 / Seattle, WA 98188 T 206.802.6010 / C 310.919.8007 / F 206.246.7043 / rchung @westfield.com < BLOCKED ::mailto:rchung @westfield.com> CONFIDENTIALITY NOTICE: The information contained in this e-mail transmission is intended only for the use of the individual or entity named above. This e-mail transmission, and any documents, files, previous e-mail transmissions or other information attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient of this e-mail message, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, dissemination, distribution, copying or other use of this transmission or any of the information contained in or attached to it is strictly prohibited. If you have received this e-mail transmission in error, please immediately notify us by return e-mail transmission or by telephone, and destroy the original e -mail transmission and its attachments without reading, saving, or utilizing it in any manner. We're committed to sustainable business practices. Please print only when necessary, and recycle. Page 2 40 • it Sent via email to Megan Nelson, GordonDerr LLP at mnelson @GordonDerr.com September 19, 2008 RE: Westfield Southcenter Mall Binding Site Improvement Plan (BSIP) L08 -033 Megan, What follows are the edits and additions I have. Moira and Richard are meeting next week to discuss the transit center easement. That still needs to be resolved. I need to confirm that the Klickitat dedication is resolved; I believe it is. 1. Sheet 3: The final paragraph in the first column, third line. The recording number is incorrect. Add the number 6 to the end of the string of digits. 2. Sheet 4: Under General Notes and Easements, third paragraph, the final sentence, following "herein" ad "and approval is obtained by the City of Tukwila ". 3. Sheet 7: Upper left of drawing, above "Existing Parcel A" #23 is mislabeled, should be #22. #22 is floating with no language attached — remove #22. 4. Sheet 8: New Parcel E shows "Proposed 10.00' No -Build Easement ". Remove word "Proposed ", add "See Sheet 2" following the word "easement ". 5. Sheet 8: Show point of reference for Transit Center Easement. Include a new sheet showing the site with landscaping, parking, and the new parcels. This will be to demonstrate the parking and landscaping that each parcel owner is responsible for as described on Sheet 3 under General Notes and Easements. Also, I am creating a narrative to add to the file to describe the purpose and intent of this BSIP. There is so much history here that I feel the file needs a summary so the next time this is referenced it can be more easily understood. Can you provide me with a summary of your (Westfield's) intent for this BSIP? If these comments don't make sense in email, we can set up a time to meet next week. Thanks, Stacy MacGregor Assistant Planner cc. L08 -033 SM Page 1 of 1 09/19/2008 H: \L08 -033 Westfield BSIP \technical comments2.doc MEMORANDUM www.ci.tukwila.wa.us Development Guidelines and Design and Construction Standards TO: PLANNING DEPT. — Stacy MacGregor , Assistant Planner FROM: PUBLIC WORKS DEPT. — David McPherson, Development Engineer DATE: August 20, 2008 SUBJECT: Westfield Southcenter Mall BSIP — Utility Easement / Bill of Sale for Utility Facilities / Right -of -Way Dedication / Conveyance of Public Improvements Permit Nos. PW05 -125 / PW06 -067 / PW06 -072 / PW08 -116 / PW08 -117 Site Address? Southcenter Mall Parcel Nos.: 636420 -0010, 262304 -9090, 262304 -9084, 262304 -9085, 359700- 0240,115720- 0292,115720 -0290, 262304 -9023, 537920 -0330, 537920 -0240, 537920 -0241, 359700 -0247, 636420 -0020 Utility Easement — Replaces water & sanitary sewer easement along the West portion of the Mall. New easement is for water line and legally describes the Owner's Property, after completion of the BSIP. Bill of Sale for Utility Facilities — Turns back to the Mall - water, sanitary sewer, & storm drainage systems; within the Mall. The bill of sale legally describes the Owner's Property, afterueompletion of the BSIP. Right- of -Wav Dedication — Dedicates right -of -way as part of the Kiickitat Project, along the West portion of the Mall. Right -of -Way Dedication legally describes the Owner's Property, after4completion of the BSIP. Conveyance of Public Improvements — Westfield conveys to the City - 133 LF of 8 -inch SDR 35 pipe, three (3) 48" Type II sanitary sewer manholes; two (2) 10 -inch gate valves, five (5) feet of 2 -inch water service line, one (1) each — 2- inch water meter box with 2" angle stop /check valve, ten (10) feet of 2 -inch water service line, two (2) each — 1.5 -inch water meter box with 1.5" angle stop /check valve, three (3) water tap service, three (3) eight inch saddle, one (1) 2" corp. stop, two (2) 1.5" corp. stop, and all appurtenances; 745 LF of curb and gutter, twelve (12) ADA ramps, 10,044 SF of concrete sidewalks, and 834 SF of asphalt ped path. One (1) controller cabinet, four (4) Type III signal poles, three (3) Type PS ped poles, ten (10) traffic signals, eight (8) ped pushbuttons, eight (8) ped signals, four (4) video detection, and street appurtenances including RPM paint striping and other materials. The deed of conveyance of public improvements legally describes the Owner's Property, afterrcompletion of the BSIP. • 410 • ec Ciiy of Tu Jim Haggerton, Mayor Department of Community Development Jack Pace, Director August 1, 2008 Mr. Richard Chung Westfield Southcenter Mall 633 Southcenter Mall Tukwila, WA 98188 RE: First Comment Letter Westfield Southcenter Mall Binding Site Improvement Plan (BSIP) L08 -033 Dear Mr. Chung: The City has completed its review of the above Binding Site Improvement Plan application. The application was submitted on May 22, 2008, routed to City departments for review, and deemed complete on June 21, 2008 for the purpose of meeting state - mandated time requirements. The project was reviewed by the City departments. What follows are their comments. Please address their corrections on the submitted plan set: ✓1. The fire department requires an easement for emergency access listed to all parcels. ✓2� The public works and planning departments have red -lined the plan set. 3. In addition to the red -lined plan set, public works has the following comments regarding the following easement documents: ` . Traffic Signal Loop Easement recording no. 20070619000340 is not correctly labeled on plan set sheet 7 of 8. Traffic Signal Loop Easement recording no. 20070619000341 needs to be '0 Ow pS added to plan set sheet 6 of 8 and listed on sheet 4 of 8. BPS ✓c. Public Sanitary Sewer Easement recording no. 20070619000337 needs to be labeled and verified at both locations on plan set sheet 7 of 8. SM Page l of 3 H: \L08-033 Westfield BSIP \technical comments.doc 07/31/2008 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665 d. Amended and Restated Street Frontage Improvements and Utilities Easement recording no. 20080424001836 needs to be labeled on plan set sheets and listed on sheet 4 of 8. 4. In addition to the red -lined plan set, planning has the following comments: /Sheet 2: Correct the lines on before and after BSIP maps shown (clouded). Line quality changes as it runs east -west and the line quality changes from one map to the other. Correct this and provide a legend or atch line quality legend on sheet 5. Sheet 3: Correct descriptions to say "lot" instead of "parcel" to match ' roperty After BSIP" on sheet 2. beet 3: Under "Legal Description (Old)" provide the complete legal description of Parcel A as included on page 4 of the Title Report dated 5- j2.-2008. Sheel Sheet 4: Correct typos in "General Notes and Easements "; reference IBC Sf r definition of "structures" not Tukwila Municipal Code. heet 4: Easement 22 is not in title report. Clarify why it was left off or Von sheet 4. heets 4 -8: Include easements for reciprocal parking agreement, access and parking lot maintenance, and landscape maintenance for lots A, B, C, , and E. . g. Sheets 1, 3 -8: beneath "Binding Site Improvement Plan number add "City (of Tukwila file #L03- 018 ". Correct title report. Page 2, Schedule A, Item A is not filled in: "Title is vested in: " add "WEA Southcenter, LLC, a Delaware limited liability corporation ". Explain why the title report deletes some items and includes #22 which is deleted on the title report ( #58 on title report). 5. Execute, record, and note on the face of the plat the right -of -way deed and sidewalk and traffic signal easement related to the Metro Transit Center along Andover Park West. In order to continue review of this easement we need WEA to: / a. Provide the as -built survey information electronically and in hard copy to us and/or IBI so that we can confirm where we require the southern edge of the ROW /easement dedication. b. Confirm the dedication of ROW and/or easements per the Southcenter Mall Tri-Party Agreement dated April 21, 1993. c. Dedicate the ROW /easements for the improved and expanded transit center as per the developer's agreement. \ -- d. Create maintenance responsibility agreements with the City. Cpl ;, ° ¢c04 1 A- , (`Neva 1a _ .� 3�.. ca 6. Complete the Klickitat right -of -way dedication that references the legal description of this BSIP. The City is currently reviewing this dedication and the SM Page 2 of 3 07/31/2008 H: \L08-033 Westfield BSIP \ technical comments.doc • 0 • freeway sign maintenance easement. The legal description for this dedication is referencing this BSIP. Therefore, these documents will need to be recorded simultaneously. Show the sign maintenance easement on the face of the BSIP. Next Steps Your next step is to address the comments made in this letter. Once you have addressed the comments and revised the plans, resubmit four sets of plans to the Department of Community Development for review. The BSIP will not be approved until the Klickitat and Transit Center easements are agreed upon and defined. They will need to be recorded concurrently with the Klickitat ROW dedication and metro transit center easement and maintenance agreement. If you have any questions, I can be reached at 206 -433 -7166 or by email at smacgregor @ci.tukwila.wa.us. Sincerely, Stacy Mac regor Assistant Planner Attachment A: Plan submittal set with red -lined comments Title report with red -lined comments cc. File (L08 -033); Moira Bradshaw, Senior Planner, City of Tukwila; Via email to Megan Nelson, GordonDerr LLP at mnelson @GordonDerr.com SM Page 3 of 3 07/31/2008 H: \ L08 -033 Westfield BSIP\ technical conunents.doc Da .id McPherson - Westfield Southcen' II of Sale Cover Sheet From: To: Date: Subject: Dave- Page 1 "Megan M. Nelson" <mnelson @GordonDerr.com> <dmcpherson @ci.tukwila.wa.us> 07/30/2008 12:26 pm Westfield Southcenter - Bill of Sale Cover Sheet My name is Megan Nelson and I am a colleague of Ellen Gish, whom I understand you have been working with regarding various Westfield Southcenter documents and easements. Given Ellen's recent workload, I am taking over for her regarding several of the outstanding Westfield Southcenter items. Ellen noticed and brought to my attention that the Bill of Sale for Utility Facilities between Westfield and the City should probably be recorded upon signature. In order to accomplish this, I have drafted a coversheet for the BOS. At your convenience, could you review the attachment and provide your okay as to the document? If okay, I will include with the rest of the BOS, which I understand both Westfield and the City have agreed to in form, but are waiting on the completion of the BSIP prior to signature given legal definitions of the lots. Thank you, Megan «Bill of Sale Coversheet B mmn.doc» Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee A \l % �t Issued by First American Title Insurance Company 633 Third Avenue, New York, NY 10017 Title Officer: Jed Yaffee Phone: (800)437 -1234 FAX: (212)922 -0881 First American Title Insurance Company RECEIVED SEP 10 2008 COMMUNITY DEVELOPMENT • • Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) Page No.: 1 SS ? M E 41 'first American Title Insurance Company of New LIABILITY $ 3,000.00 York 633 Third Avenue, New York, NY 10017 (800)437 -1234 - FAX (212)922 -0881 New York COUNTY TITLE UNIT FAX (212)922 -0881 Title Officer: 3ed Yaffee (800)437 -1234 SECOND REPORT SUBDIVISION GUARANTEE ORDER NO.: NCS- 345929 -NY FEE $ 500.00 TAX $ 44.50 YOUR REF.: WEA Southcenter First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Westfield Corporation herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual Toss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: July 9, 2008 at 7:30 A.M. First American Title Insurance Company • • Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) Page No.: 2 SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: WEA Southcenter, LLC, a Delaware limited liability company B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any portion thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; AND OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON; AND OF THE W.H. GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 00 °12'09" WEST ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF SAID SUBDIVISION 406.49 FEET; THENCE SOUTH 89 °47'51" WEST 30 FEET TO THE WEST MARGIN OF ANDOVER PARK WEST AND THE TRUE POINT OF BEGINNING; THENCE NORTH 87 °25'13" WEST 526.42 FEET; THENCE SOUTH 00 °19'36" WEST 30.02 FEET; THENCE NORTH 87 °25'13" WEST 253.52 FEET; THENCE SOUTH 00 °19'36" WEST 366.84 FEET TO THE NORTH LINE OF THE SOUTH 40.00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG SAID NORTH LINE 179.20 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS NORTH 00 °19'36" EAST FROM A POINT ON THE SOUTH LINE OF First American Title Insurance Company • Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) Page No.: 3 SAID SECTION 23, WHICH IS 341.40 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH 00 °19'36" WEST 14.00 FEET; THENCE NORTH 89 °40'24" WEST 10.50 FEET; THENCE SOUTH 00 °19'36" WEST 36.83 FEET; THENCE NORTH 89 °40'24" WEST 7.90 FEET; THENCE SOUTH 00 °19'36" WEST 42.17 FEET; THENCE NORTH 89 °40'24" WEST 72.00 FEET; THENCE SOUTH 00 °19'36" WEST 96.00 FEET; THENCE NORTH 89 °40'24" WEST 226.00 FEET; THENCE NORTH 00 °19'36" EAST 138.17 FEET; THENCE NORTH 89 °40'24" WEST 79.90 FEET; THENCE NORTH 00 °19'36" EAST 10.83 FEET TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °4024" WEST ALONG SAID EXTENSION 10.50 FEET; THENCE NORTH 00 °19'36" EAST 40.00 FEET; THENCE NORTH 89 °40'24" WEST 151.60 FEET; THENCE NORTH 00 °19'36" EAST 790.45 FEET TO THE NORTHEAST CORNER OF THAT PORTION OF THE SOUTHCENTER PARKWAY VACATED BY ORDINANCE NO. 555, CITY OF TUKWILA, AND AS RECORDED UNDER RECORDING NO. 6516239, IN KING COUNTY, WASHINGTON, SAID NORTHEAST CORNER ALSO BEING A POINT ON A 565.79 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THROUGH WHICH A RADIAL LINE BEARS SOUTH 04 °34'32" EAST; THENCE WEST ALONG SAID CURVE AND THE SOUTHEASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY, 282.00 FEET TO A POINT OF COMPOUND CURVE TO THE LEFT OF A 339.07 FOOT RADIUS; THENCE SOUTHWESTERLY ALONG SAID CURVE 37.76 FEET TO THE MOST NORTHERLY POINT OF A TRACT OF LAND CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6516243, IN KING COUNTY, WASHINGTON; THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE AND SOUTHEASTERLY MARGIN 312.17 FEET; THENCE SOUTH 89 °39'00" WEST ALONG SAID SOUTHEASTERLY MARGIN 17.04 FEET TO THE EASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY (FORMERLY 57TH AVENUE SOUTH) AS DEEDED TO THE CITY OF TUKWILA AND RECORDED UNDER RECORDING NO. 5735981; THENCE SOUTH 00 °21'00" EAST ALONG SAID EAST MARGIN 438.12 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 00 °23'45" EAST ALONG SAID EAST MARGIN 633.44 FEET TO THE NORTHERLY LINE OF STATE HIGHWAY RIGHT OF WAY; THENCE NORTH 89 °52'42" EAST ALONG SAID NORTHERLY LINE 5.31 FEET TO THE EASTERLY LINE OF SAID STATE HIGHWAY RIGHT OF WAY; THENCE SOUTH 00 °07'18" EAST ALONG SAID EASTERLY LINE 134.50 FEET TO THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH 43 °25'05" WEST ALONG SAID SOUTHEASTERLY LINE 6.74 FEET TO THE AFORESAID EAST MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 00 °23'45" EAST ALONG SAID EAST MARGIN 471.45 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS; THENCE ALONG SAID CURVE 77.70 FEET TO A POINT OF TANGENCY ON THE NORTH LINE OF STRANDER BOULEVARD (FORMERLY SOUTH 164TH STREET), AS DEEDED TO THE CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER CORPORATION ON FEBRUARY 14, 1963; THENCE SOUTH 89 °26'22" EAST ALONG SAID NORTH LINE 588.31 FEET; THENCE SOUTH 89 °30'56" EAST ALONG SAID NORTH LINE 1255.52 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS; THENCE ALONG SAID CURVE 79.14 FEET TO THE WEST LINE OF ANDOVER PARK WEST, AS DEEDED TO THE CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER CORPORATION ON NOVEMBER 1, 1962; First American Title Insurance Company • • Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) Page No.: 4 THENCE NORTH 00 °12'09" WEST ALONG SAID WEST LINE 1652.93 FEET TO TRUE POINT OF BEGINNING; EXCEPTING THEREFROM ANY AND ALL BUILDINGS, STRUCTURES AND IMPROVEMENTS LOCATED ON SAID LAND AS EXISTED THEREON AS OF DECEMBER 17, 1985, AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 8512171136 - BUT TOGETHER WITH A REVERSIONARY INTEREST IN SAID BUILDINGS, STRUCTURES AND IMPROVEMENTS PURSUANT TO THE TERMS OF THE AMENDED AND RESTATED GROUND LEASE, DATED DECEMBER 17, 1985, NOTICE OF WHICH WAS RECORDED UNDER RECORDING NUMBER 8512171133. PARCEL B: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER 65.40 FEET; THENCE NORTH 00 °19'36" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 °19'36" EAST 110.00 FEET; THENCE NORTH 89 °40'24" WEST 151.60 FEET; THENCE SOUTH 00 °19'36" WEST 110.00 FEET; THENCE SOUTH 89 °40'24" EAST 151.60 FEET TO THE TRUE POINT OF BEGINNING. APN: 115720 - 0290 -04 APN: 115720 - 0292 -02 -' APN: 262304 - 9023 -03 APN: 262304 - 9084 -09 '' APN: 262304- 9085 -08 r APN: 262304-9090-01 ✓ APN: 359700- 0240 -03 APN: 537920-0240-08 ---- APN: 537920- 0241 -07 c APN: 537920-0330-09 ✓ APN: 636420-0010-01 /*CI APN: 636420 - 0020 -09 0 APN: 359700 - 0247 -06 —$ clii (_ ,.._,..:/v.s.re,f....., f\--LiC,Ps Aim z -,-....--4,-- _____---,-,7,,,,...... - ►'may \f ? cis A - G e ,_ DNs.,_ (-- First American Title Insurance Company k,(21--t--/- 5 s ie • • Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) RECORD MATTERS: Page No.: 5 1. General Taxes for the year 2008. Tax Account No.: 115720 - 0290 -04 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: (Affects portion of Parcel A) $ 37,237.73 $ 18.618.87 $ 18,618.83 $ 3,171,400.00 $ 0.00 2. General Taxes for the year 2008. Tax Account No.: 115720 - 0292 -02 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: (Affects portion of Parcel A) 3. General Taxes for the year 2008 Tax Account No.: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: (Affects portion of Parcel A) $ 46,852.10 $ 23,426.05 $ 23,426.05 $ 3,369,700.00 $ 620,800.00 262304- 9023 -03 $ 287,911.64 $ 143,955.82 $ 143,955.82 $ 3,972,600.00 $ 19,536,500.00 4. This item has been intentionally deleted. First American Title Insurance Company • • Form No. 14 Guarantee No.: MS-345929-NY Subdivision Guarantee (4- 10 -75) Page No.: 6 5. General Taxes for the year 2008 Tax Account No.: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: (Affects portion of Parcel A) • 262304 - 9085 -08 $ 96,558.31 $ 48,279.16 $ 48,279.15 $ 1,665,400.00 $ 6,218,300.00 6. General Taxes for the year 2008. Tax Account No.: 262304 - 9090 -01 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: (Affects portion of Parcel A) $ 12,723.86 $ 6,361.93 $ 6,361.93 $ 500,000.00 $ 538,000.00 7. General Taxes for the year 2008. Tax Account No.: 359700 - 0240 -03 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: (Affects portion of Parcel A) $ 69,588.69 $ 34,794.35 $ 34,794.34 $ 5,926,500.00 $ 1,000.00 8. General Taxes for the year 2008. Tax Account No.: Amount Billed: $ Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: (Affects portion of Parcel A) 537920 - 0240 -08 67,421.52 $ 33,710.76 $ 33,710.76 $ 5,504,400.00 $ 0.00 First American Title Insurance Company • • Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) Page No.: 7 9. General Taxes for the year 2008. Tax Account No.: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: (Affects portion of Parcel A) 537920 - 0241 -07 $ 58,225.64 $ 29,112.82 $ 29,112.82 $ 4,753,500.00 $ 0.00 10. General Taxes for the year 2008. Tax Account No.: 537920 - 0330 -09 Amount Billed: $ Amount Paid: $ Amount Due: $ Assessed Land Value: $ Assessed Improvement Value: $ (Affects portion of Parcel A) 60,324.04 30,162.02 30,162.02 1,354,300.00 3, 570, 600.00 11. General Taxes for the year 2008. Tax Account No.: 636420 - 0010 -01 Amount Billed: $ 701,500.39 Amount Paid: $ 350,750.20 Amount Due: $ 350,750.19 Assessed Land Value: $ 24,725,200.00 Assessed Improvement Value: $ 32,556,200.00 (Affects portion of Parcel A) 12. General Taxes for the year 2008. Tax Account No.: 636420 - 0020 -09 Amount Billed: $ Amount Paid: $ Amount Due: $ Assessed Land Value: $ Assessed Improvement Value: $ (Affects remainder of Parcel A) 25,211.54 12,605.77 12,605.77 1,432,200.00 625,500.00 First American Title Insurance Company Form No. 14 Subdivision Guarantee (4- 10 -75) 13. General Taxes for the year 2008 Tax Account No.: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: (Affects Parcel B) • 359700 - 0247 -06 $ 3,534.57 $ 1,767.29 $ 1,767.28 $ 300,100.00 $ 0.00 Guarantee No.: NCS- 345929 -NY Page No.: 8 14. Easement, including terms and provisions contained therein: Recording Information: February 26, 1962 under Recording No. 5391852 In Favor of: Pacific Northwest Bell Telephone Company, a Washington corporation, its successors and assigns For: Telephone and telegraph lines Affects: The West 10 feet of Parcel A 15. The terms and provisions contained in the document entitled Mutual Beneficial Access Agreement, executed by and between Southcenter Corporation and Seattle -First National bank, recorded February 15, 1963 as Instrument No. 5544945 of Official Records. Document(s) declaring modifications thereof recorded June 28, 1985, December 17, 1985 and July 1, 1999 as Recording Nos. 8506281585, 8512171134 and 19990701001220 of Official Records. 16. A lease dated June 13, 1963, executed by Southcenter Corporation, a Washington corporation as lessor and J.C. Penny Company as lessee, for a term of 30 years recorded June 18, 1963 as Recording No. 5598077 of Official Records. Said lease, among other things provides for an option to renew for a period of 2 additional period of 10 years each as disclosed by Document recorded April 25, 2002 under Recording No. 20020425000393. 17. Condemnation in King County Superior Court by the State of Washington, of rights of access to state highway and of Tight, view and air by decree entered August 19, 1963, Cause No. 6010. As modified by that certain deed form the State of Washington dated June 25, 1985, and recorded June 26, 1985 under Recording No. 8506260537. Said deed contains the following recital: The complete construction and maintenance costs of said approach shall be the sole responsibility of the grantees, their successors or assigns. First American Title Insurance Company • Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) Page No.: 9 18. Easement, including terms and provisions contained therein: Recording Information: September 30, 1964 under Recording No. 5792901 In Favor of: City of Tukwila, a municipal corporation For: Utility line for water and sewer Affects: 15 foot wide strip of the Northerly and Westerly portion of Parcel A 19. Easement, including terms and provisions contained therein: Recording Information: February 18, 1966 under Recording No. 5990967 In Favor of: City of Tukwila For: Utilities Affects: The Southerly 10 feet of Parcel A 20. Easement, including terms and provisions contained therein: Recording Information: March 11, 1966 under Recording No. 5999600 In Favor of: City of Tukwila, a municipal corporation, its successors and assigns For: Utility lines for water, sewer, power, telephone and telegraph Affects: The West 10 feet of Parcel A 21. Easement, including terms and provisions contained therein: Recording Information: March 11, 1966 under Recording No. 5999601 In Favor of: Pacific Northwest Bell Telephone Company, a Washington corporation, its successors and assigns For: Telephone and telegraph lines Affects: A portion of the West 5 feet of the East 15 feet of Parcel A 22. A lease dated March 31, 1966, executed by Connecticut General Life Insurance Company, a Connecticut corporation as lessor and Southcenter Shopping Center Corporation, a Washington corporation as lessee, for a term of 70 years recorded March 31, 1966 as Recording No. 6008264 of Official Records. 23. The terms, provisions and easement(s) contained in the document entitled "Cross- Easement Agreement" recorded March 31, 1966 as Recording No. 6008265 of Official Records. Document(s) declaring modifications thereof recorded June 28, 1985 and December 21, 1987 as Recording Nos. 8506281582 and 8712211264 of Official Records. The interest of Southcenter Shopping Center Corporation, a Washington corporation, is now held by WEA Southcenter, LLC, pursuant to assignments recorded June 28, 1985, December 17, 1985 and July 1, 1999 under Recording Nos, 8506281585, 8512171134 and 19990701001220. The interest of BonCom Corporation, a Washington corporation, is now held by Allied Stores General Real Estate Company, pursuant to assignments recorded October 7, 1987 under Recording No. 8710070516. First American Title Insurance Company Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) Page No.: 10 24. A lease dated April 14, 1966, executed by Southcenter Shopping Center Corporation, a Washington corporation as lessor and Marshall Field and Company, an Illinois corporation as lessee, for a term of 30 years recorded May 16, 1966 as Recording No. 6029012 of Official Records. 25. The terms and provisions contained in the document entitled Four Party Encroachment Agreement, executed by and between Southcenter Shopping Center Corporation, BonCom Corporation, Allied Stores Corporation and Connecticut General Life Insurance Company, recorded November 8, 1968 as Instrument No. 6431696 of Official Records. Document(s) declaring modifications thereof recorded December 21, 1987 as Recording No. 8712211263 of Official Records. The interest of Southcenter Shopping Center Corporation, a Washington corporation, is now held by WEA Southcenter, LLC, pursuant to assignments recorded June 28, 1985, December 17, 1985 and July 1, 1999 under Recording Nos. 8506281585, 8512171134 and 19990701001220. The interest of BonCom Corporation, a Washington corporation, is now held by Allied Stores General Real Estate Company, pursuant to assignments recorded October 7, 1987 under Recording No. 8710070516. 26. The terms and provisions contained in the document entitled Bill of Sale of Utility Facilities and Utility Right of Way Agreement, executed by and between Southcenter Shopping Center Corporation, BonCom Corporation, Allied Stores Corporation and Connecticut General Life Insurance Company, recorded May 15, 1969 as Instrument No. 6511064 of Official Records. 27. Easement, including terms and provisions contained therein: Recording Information: May 15, 1969 under Recording No. 6511065 In Favor of: Puget Sound Power & Light Company For: Utility and services Affects: as described therein 28. Easement, including terms and provisions contained therein: Recording Information: In Favor of: For: Affects: January 7, 1972 under Recording No. 7201070397 Town of Tukwila, a municipal corporation, its successors and assigns Underground water, sewer, drainage, electric power, gas telephone and railroad spur crossing (Parcel A) as described therein 29. Easement, including terms and provisions contained therein: Recording Information: July 12, 1974 under Recording No. 7407120474 In Favor of: City of Tukwila, a municipal corporation For: Utilities Affects: (Parcel A) as described therein First American Title Insurance Company Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) Page No.: 11 30. Easement, including terms and provisions contained therein: Recording Information: January 3, 1975 under Recording No. 7501030287 In Favor of: Pacific Northwest Bell Telephone Company, a Washington corporation, its successors and assigns For: Underground communication lines, manhole and conduit Affects: (Parcel A) as described therein 31. Relinquishment of all existing and future rights to Tight, view and air, together with the rights of access to and from the State Highway constructed on lands conveyed by document in favor of the State of Washington: Recorded: November 23, 1977 Recording No.: 7711230639 32. Easement, including terms and provisions contained therein: Recording Information: November 23, 1977 under Recording No. 7711230641 In Favor of: State of Washington and its assigns For: Loop detector Affects: A Westerly portion of Parcel A 33. Lease made by Puget Sound Mutual Savings Bank, lessor, to Southcenter Shopping Center Corporation, a Washington corporation, lessee, for a term of 30 years, and the covenants and conditions as therein contained, as disclosed by Memorandum of Lease dated September 7, 1978, and recorded December 12, 1978 as document no. 7812121086. 34. Easement, including terms and provisions contained therein: Recording Information: January 7, 1981 under Recording No, 8101070484 In Favor of: Puget Sound Power and Light Company, a Washington corporation For: Electric transmission and /or distribution system Affects: The southwesterly portion of Parcel A 35. Easement, including terms and provisions contained therein: Recording Information: April 2, 1984 under Recording No. 8404020325 In Favor of: Puget Sound Power and Light Company, a Washington corporation For: Electric transmission and /or distribution system Affects: A 10 foot wide strip in the Northwesterly portion of said premises First American Title Insurance Company • • Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) Page No.: 12 36. The terms and provisions contained in the document entitled Memorandum of Four -Party Agreement for Recording, executed by and between Southcenter Shopping Center Corporation, BonCom Corporation, Allied Stores Corporation and Connecticut General Life Insurance Company, recorded June 28, 1985 as Instrument No. 8506281578 of Official Records. Document(s) declaring modifications thereof recorded June 28, 1985, December 21, 1987, February 19, 1991, July 1,1999 and September 29, 2006 as Recording Nos. 8506281579, 8712211262, 9102190007, 19990701001220 and 20060929002120 of Official Records. 37. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) 87 -8 -BLA : Recorded: December 29, 1987 Recording Information: 8712291101 38. A lease dated February 22, 1988, executed by Nordstrom, Inc., as lessor and Southcenter Joint Venture, an Ohio partnership as lessee, for a term of 30 years recorded June 2, 1988 as Recording No. 8806020985 of Official Records. Said lease, among other things provides for an option to renew for a period of 4 additional years of 10 years each. 39. Easement, including terms and provisions contained therein: Recording Information: In Favor of: For: Affects: March 13, 1990 under Recording No. 9003130433 City of Tukwila, a municipal corporation Street traffic control improvements (Parcel A) as described therein 40. The terms and provisions contained in the document entitled Joinder of Landlord Agreement, executed by and between Connecticut General Life Insurance Company and Teachers Insurance and Annuity Association of America, a New York corporation, recorded June 12, 1992 as Instrument No. 9206121650 of Official Records. 41. Easement, including terms and provisions contained therein: Recording Information: December 8, 1992 under Recording No. 9212081832 In Favor of: For: Affects: U.S. West Communications, Inc., a Colorado corporation Telecommunications facilities as described therein 42. The terms and provisions contained in the document entitled Consent, Attornment and Estoppel Agreement, executed by and between Connecticut General Life Insurance Company and Sears, Roebuck and Co., a New York corporation„ recorded May 7, 1993 as Instrument No. 9305072532 of Official Records. First American Title Insurance Company o • Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) Page No.: 13 43. Lease made by Southcenter Joint Venture, an Ohio partnership, lessor, to Rainforest Cafe, Inc. - Mist, a Minnesota corporation, lessee, for a term of 10 years, and the covenants and conditions as therein contained, as disclosed by Memorandum of Lease dated June 30, 1998, and recorded April 8, 1999 as document no. 9904081730. Said lease, among other things provides for an option to renew for a period of 5 years. 44. Subordination, non - disturbance and attornment agreements: Between Rainforest Cafe, Inc, -Mist, a Minnesota corporation And Teachers Insurance and Annuity Association of America, a New York corporation Recorded April 8, 1999 Recording No.: 199904081731 45. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: JG Southcenter Ltd., an Ohio limited liability company Grantee /Beneficiary: Teachers Insurance and Annuity Association of America, a New York corporation Trustee: Transnation Title Company (f /k/a Transamerica Title Insurance Company), an Arizona corporation Amount: $95,000,000.00 Recorded: July 1, 1999 Recording Information: 19990701001221 Said deed of trust is an amendment, renewal and restatement of instrument recorded December 28, 1989 under Recording No. 8912280042. A document recorded June 12, 1992 as Recording No. 9206121649 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. Said deed of trust contains, among other things, a fee joinder by Connecticut General Life Insurance Company, a Connecticut corporation. Affects: The land and other property. 46. Assignment of leases and /or rents and the terms and conditions thereof: Assignor: JG Southcenter Ltd., an Ohio limited liability company Assignee: Teachers Insurance and Annuity Association of America, a New York corporation Recorded: July 1, 1999 Recording Information: 19990701001222 Said assignment of leases and rents is an amendment and restatement of instrument recorded December 28, 1989 under Recording No. 8912280043. Affects: The land and other property. First American Title Insurance Company Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10-75) Page No.: 14 47. Subordination, Between And Recorded Recording No. non - disturbance and attornment agreements: Connecticut General Life Insurance Company, a Connecticut corporation and JG Southcenter, Ltd., an Ohio limited liability company Teachers Insurance and Annuity Association of America, a New York corporation July 1, 1999 19990701001224 48. Lease made by Southcenter Joint Venture, lessor, to United Postal Service, lessee, for a term of 5 years, and the covenants and conditions as therein contained, as disclosed by Memorandum of Lease dated April 7, 1999, and recorded December 7, 1999 as document no. 9912070571. Said lease, among other things provides for an option to renew for a period of 5 years. 49. The terms and provisions contained in the document entitled "Storm Drainage maintenance Plan" recorded August 29, 2002 and March 13, 2003 as Recording Nos. 20020829001354 and 20030313001997 of Official Records. 50. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and /or delineated on the face of the Binding Site Plan File No. L03 -018 recorded May 30, 2003 under Recording No. 20030530001409, in King County, Washington. 51. Lease made by WEA Southcenter LLC, a Delaware limited liability company, lessor, to GMRI, Inc., a Florida corporation, lessee, for a term of 10 years, and the covenants and conditions as therein contained, as disclosed by Memorandum of Lease dated August 24, 2001, and recorded September 26, 2003 as document no. 20030926001458. Said lease, among other things provides for an option to renew for a period of 4 additional terms of 5 years each. 52. Right, title and interest of City of Tukwila, Grantee on the following described instrument: Recording Information: January 20, 2004 under Recording No. 20040120000055 Grantor: GMRI, Inc., a Florida corporation The conveyance of public surface water utility improvements was signed only by GMRI, Inc., a Florida corporation, Lessee under that certain lease recorded September 26, 2006 under Recording No. 20030926001458, but was not signed by the holder of the fee simple estate or leasehold estate. 53. Lease made by WEA Southcenter LLC, a Delaware limited liability company, lessor, to GMRI, Inc., a Florida corporation, lessee, for a term of 10 years, and the covenants and conditions as therein contained,as disclosed by Memorandum of Lease dated August 24, 2001, and recorded February 9, 2004 as document no. 20040209001224. Said lease, among other things provides for an option to renew for a period of 4 additional terms of 5 years each. First American Title Insurance Company o • Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) Page No.: 15 54. The terms and provisions contained in the document entitled Development Agreement, executed by and between City of Tukwila, a Washington Non - Charter Optional Municipal Code City,Prudential Financial Inc., and WEA Southcenter LLC, a Delaware limited liability company, recorded June 21, 2006 as Instrument No. 20060621000329 of Official Records. Document(s) declaring modifications thereof recorded September 20, 2007 as Recording No. 20070920001425 of Official Records. 55. The terms and provisions contained in the document entitled Assignment and Assumption of REAs, executed by and between Prudential Retirement Insurance and Annuity Company, a Connecticut life insurance company and WEA Southcenter, LLC, a Delaware limited liability company, recorded September 29, 2006 as Instrument No. 20060929002120 of Official Records. 56. The terms and provisions contained in the document entitled No Protest Local Improvement District Agreement, executed by and between WAE Southcenter LLC, a Delaware limited liability company and the City of Tukwila, a Washington municipal corporation, recorded January 31, 2007 as Instrument No. 20070131003241 of Official Records. 57. Easement, including terms and provisions contained therein: Recording Information: June 19, 2007 under Recording No. 20070619000337 In Favor of: The City of Tukwila, Washington, a Washington non - charter optional municipal code city For: Public sanitary sewer easement Affects: as described therein 58. This item has been intentionally deleted. 59. Easement, including terms and provisions contained therein: Recording Information: June 19, 2007 under Recording No. 20070619000340 In Favor of: The City of Tukwila, Washington, a Washington non - charter optional municipal code city For: Maintenance, operation, repair and replacement of the traffic 60. signal loops Affects: as described therein (Affects Parcel No. A) Easement, including terms and provisions contained therein: Recording Information: In Favor of: For: Affects: September 27, 2007 under Recording No. 20070927000560 Puget Sound Energy, Inc., a Washington corporation Transmission, distribution and sale of electricity (Parcel A) as described therein 2Z. S 7 (wv,o00 7/3 7 -7 Ma\ toc�. 2H (o 5 First Amer /can Title Insurance Company 8 Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) Page No.: 16 61. A lease dated June 6, 2007, executed by WEA Southcenter LLC, a Delaware limited liability company as lessor and The Cheesecake Factory Restaurants, Inc., a California corporation as lessee, for a term of 20 years recorded November 2, 2007 as Recording No. 20071102001033 of Official Records. Said lease, among other things provides for an option to renew for a period of 2 additional period of 5 years each. 62. Subordination, non - disturbance and attornment agreements: Between Teachers Insurance and Annuity Association of America, a New York corporation And The Cheesecake Factory Restaurants, Inc., a California corporation d /b /a The Cheesecake Factory and WEA Southcenter LLC, a Delaware limited liability company Recorded November 2, 2007, Recording No.: 20071102001034 63. Lease made by WEA Southcenter, LLC, a Delaware limited liability company, lessor, to Borders, Inc., a Colorado corporation, lessee, for a term of 10 years, and the covenants and conditions as therein contained, as disclosed by Memorandum of Lease dated November 21, 2007, and recorded December 19, 2007 as document no. 20071219001073. Said lease, among other things provides for an option to renew for a period of 3 additional period of 5 years each. 64. Mechanics Lien. Claimant: Against: Amount: For: Date Work Commenced: Date Work Ceased: Recorded: Recording No.: (Affects Parcel No. A) SEI Northwest Inc. Bayley Construction $48,200.00 Labor and /or Materials and /or Equipment February 16, 2007 December 5, 2007 March 7, 2008 20080307000679 65. Right, title and interest of Westfield Property Tax Dept as to the herein described property as disclosed by Tax Roll. We find no record of the party(ies) having an interest in the premises. 66. Matters that may be disclosed upon recordation of final subdivision. First American Title Insurance Company 4 • Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) Page No.: 17 67. A lease dated June 4, 2007, executed by WEA Southcenter LLC, a Delaware limited liability company as lessor and The Cheesecake Factory Restaurants, Inc., a California corporation as lessee, for a term of 20 years recorded March 26, 2008 as Recording No. 20080326001269 of Official Records. Said lease, among other things provides for an option to renew for a period of 2 additional terms of 5 years each. 68. Easement, including terms and provisions contained therein: 1 4 Recording Information: April 24, 2008 under Recording No. 20080424001836 V In Favor of: The City of Tukwila, Washington, a Washington Non- Charter Optional Municipal Code City For: Street frontage improvements along Andover Park West, sanitary sewer facilities, storm drainage facilities and other utilities Affects: (Parcel A) as described therein Easements recorded March 11, 1966 and January 7, 1972 under Recording Nos. 5999600 and 7201070397 were terminated, replaced and superseded by that certain Easement recorded June 19, 2007 under Recording No. 20070619000339. The above said Amended and Restated Street Frontage Improvements and Utilities Easement replaces that certain Easement recorded June 19, 2007 under Recording No. 20070619000339. First American Title Insurance Company Form No. 14 Subdivision Guarantee (4- 10 -75) Guarantee No.: NCS- 345929 -NY Page No.: 18 INFORMATIONAL NOTES A. General taxes for the year 2008 which have been paid. Tax Account No. Amount: Assessed Land Value: Assessed Improvement Value: 262304- 9084 -09 $20,762.32 $897,300.00 $797,100.00 B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. First American Title Insurance Company o • Form No. 14 Guarantee No.: NCS- 345929 -NY Subdivision Guarantee (4- 10 -75) Page No.: 19 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining daims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters exduded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any spedfic assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the and expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non - judicial proceeding which Is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured ": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land ": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date ": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in Its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be fumished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of Toss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary In the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) First American Title Insurance Company 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured daimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) First American Title Insurance Company CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E-mail: tukplan i :ci.tukvwila.vvu,us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON COUNTY OF KING The undersigned being duly swum and upon oath states as follows: ss 1 ant the current owner of the property which is the subject of this application. RECEIVED MAY 2 2 2008 COMMUNITY DEVELOPMENT 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the lest 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 ,.y 1... P r• ' - 4 /=��(j�"(f G�iflT>'IEI�t �v(LW 1LIg- 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 fees. EXECUTED al , ►f!_ -____ (city), L(%%?___(state), on �o8 (Print Name) !03?✓- / Vd- 14* (Address) 2_�i- 7 (Phone Number) (Signature) On this day personally appeared before me R(CHAt tl NUM to me known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the sane as his /her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON TNIS or DAY✓ OF VIM NUTARV PUBLIC for the S te of Washington residing at _—Karl_ � t My Comnussion expires on iUljE aQll_ PQ1KULq • t` ��i, vY. � s i aso 1 p1 W,,``` , 20 08 L-b% 03 3 CITY OF 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 1 MAY 22 2008 BINDING SITE °E=glFTMNT IMPROVEMENT PLAN APPLICATION FOR STAFF USE ONLY Sierra Type P -BSIP Planner: TAN M Ac39. <<, File Number: L- C2 ' C __3 Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: Westfield Southcenter Mall LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate !offs), block and subdivision, access street, and nearest intersection. 633 Southcenter Mall, Tukwila, WA 98188; the site is southeast of the i ntPrsPc'tian a_f T -4 and T--40S and is houndrorl by Strand Pr Boulevard, Southcenter Parkway, Tukwila Parkway, and Andover Park West. LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 115720- 0290 -04; 115270 - 0292 -02; 262304 - 9023 -03; 262304- 9084 -09; 262304 - 9085 -08; 262304 - 9090 -01; 359700 - 0240 -03; 537920- 0240 -08; 537920 - 0241 -07; 537920- 0330 -09; 636420- 0010 -01; 636420- 0020 -09; 359700 - 0247 -06; 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: glarfrkgV C6f Vk Address: 103 Phone: E -mail ,QCEfV IJ4 Ctrn"l Signature: ��(/t �q � Date: 2010 ,oz. ICY 7 we FAX: a P: \Planning Forms \Applications \2007 Applications \ BindSite-12-07.doc, 12/07/07 20081106000242 CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 BOUTHCENTER BOULEVARD. TUKWILA, WA 56155 TELEPHONE (206) 431.1670 FAX (206) 431.366S BAWL: TUKPLANIETUKWILAWA.U3 BINDING SITE IMPROVEMENT PLAN NUMBER L08 -033 (REPLACES THE BINDING SITE PLAN RECORDED UNDER TONG COUNTY RECORDING NO. 20030530001409 CITY OF TUKWILA FILE NO.103 -018) DECLARATION KNOW ALL MEN BY THESE PRESENTS THAT WC. THE UNOR9GRE0 OWNERS OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A BINONO 9TE IPR040NENI PLAN THEREOF PURSUANT TO RCW 56.17.025 AND DECLARE 1X19 BINOINO 9TE PLAN TO BE THE GRAPHIC REPRESENTATION OF SAME. AND THAT SAID ADJUSTMENT IS MADE MN THE FREE CONSENT AND N ACCORDANCE WITH T10 DESIRES OF ME OWNERS. N WINOS WHEREOF WC HAVE SET OUR HANDS AND SEALS BEA =INCOME. U.C. A DELAWARE 4.061101 UABOITY COMPANY BY: WE51111ELD AMERICA, UNITED PARMERSWP, A OELAWARE UWTED PARMERSIOP, ITS SOLE MEMBER WE517100 U.S. HOLDINGS. 11C. A DELAWARE LIMITED UABUTY COMPANT 115 GENERAL PAR Rory 4.4:heifer j}eSIS}AYif EeC/att7 STATE OF CliLI FORA V/A cou#rGFLD4ANbFLE3 Pr000d 00.. +. 0..T on Rm SSA151SFACTOY EMDEGE THAT-gin--__e 15 THE PERSON WHO APPEARED BEFORE ME. SUBSCRIBED AND SWORN TOTYE 7�IT 74. 0lsN%MMr 2OQi_ ��sGRATINES� theiti_5=tD/*6 (PRINTED 14 N NOTARY PUBLIC N AND FOR THE STATE OF OAUFOR,AIIh RESIDING AT MY APPOINTMENT EXPIRES N- 30.420!0 LANG SURVEYOR'I CERTIFICATE USA M. 1NELLEY comMUNm. 1712991 Notary 9.020. Comore O lb Am.. County NICmm.Er.70.2011 -E 1 NEIL CABBAGE. REGISTERED AS A LANG 9J9VEYOR BY THE STATE W WASHINGTON, CERTIFY THAT 1115 PLAT 15 BASED ON AN ACTUAL SURVEY OF THE LAND OCSCRBIED HEREIN, COIOUCTE) BY ME DR UNDER MY SUPERVISION: THAT THE DISTANCES. COURSES AND ANGLES ARE 910YN HEREON CORRECTLY: AND MAT MONUMENTS OTHER THAN M05E Y MEN15 APPROVED FOR SETTING AT A LATER DATE. NAVE BEEN SET AND LOT S STAKED GM DIE GROUND AS DEPICTED ON NNE PLAT. NEIL C /G/zy/OB PLS / 23.345 WEA SOUTHCENTER LLC BINDING SITE IMPROVEMENT PLAN SURVEY IN NV 1/4, HE 1/4 AND NE 1/4, NV 1/4 OF SECTION 26, T. 23 N, R. 4 E., VA L rd 1/4, SE 1/4, AND SE 1/4. SV 1/4 OF SECTION 23, T. 23 N., R. 4 E. VJL IN KING COUNTY, WASHINGTON 1111111,111,1,4�I�. .1 31N'� fr ja 2 ' I CP PUTI.ON PADS 677 •—• REECORD4 WA96NOTCM l 'y/ f�` !Y BUPT. 0 ELE(11094 ' IVOLUMEi2,0 PAGEO-rl APPROVALS KIN0 COUNTY FINANCE DMIION 1 CER11 Y NAT ALL PROPERTY TAXES ARE PAID AND THAT A DEPOSIT HAS BEEN MADE N SUFROENT AMOUNT TO PAY ME TAXES 901 NNE FOLLA9140 YEAk THAT THERE ARE NO DEUNOJE4T SPECIAL ASSESSMENTS CER1191ED TO 1153 OFFICE FOR COLLECTION; AND THAT ALL SPE0AL ASSESSMENTS 01 ANY OF THE PROPERTY HEREIN DEDICATED AS STREETS. ALLEYS. OR FOR OTHER PUBLIC USE ARE PAID N FULL THIS OAT 0f 20-- KING COUNTT TREASURER DEPUTY KING COUNTY TREASURER KING COUNTY A6ESSORS APPROVAL EXAMINED AND APPROVED BY 1M DEPARTMENT OF ASSESSMENTS NM U �2 L DAY CP L5.N•..lAN. 20 °, St„{.} IIrth 'ir1AL.4 4 KING COUNTY ASSESSOR DEPUTY 4SSESSOP �` PARCEL NUYOER(5) (R3(e4?A -Nx1D 4 002.0{ 261304 -004Q. 5054, 90RS44034 ¢ 63747E -0334 o2.410 4 o7A(4 I(i73n -0750 4 0t41 354100 - at4't TUKWILA SNORT SUBOMSION COMMITTEE APPROVAL RE11EYED AND APPROVED BY TIM 910RT 550011901 C0106TIEE AND HEREBY CERTIFIED FOR FLING VICINITY MAP N.T.S. • KIND COUNTY MANAGER OWNER(S): WEA SOUTHCENTER, LLC 11601 WILSHIRE BLVD. 11TH FLOOR PHONE: 3I0- 4 76- 'MS 6 LOS ANGELES, CA 90025 63ACE An Engineering Services Company 1501 520004 M. PH: (200) 441 -1545 5W4. 1000 1- (500) -045 -2400 5.0)11•. WA 05101 FAX: (20B) 446 -7157 DATE 10/21/08 SCALE JOB NUMBER N/A 07698.10 CHECKED BY DRAWN BY NC FW 8NEET 1 OF Cm OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 SOUTHCENTER BOULEVARD, TUKWILA. WA 06180 TELEPHONE (206) 431-3670 FAX (206) 4314666 E -MAIL: TUKPLANATUKWILA.WA.US BINDING SITE IMPROVEMENT PLAN NUMBER L08 -033 (REPLACES THE BINDING SITE PLAN RECORDED UNDER KING COUNTY RECORDING NO. 20030530001409 CITY OF TUKWILA FILE NO. L03 -018) PARCEL AREAS: (05000 PARGE ARf40. PARCEL A - *3.129,691 S0. FT.. *71.6476 ACRES PARCEL 0 - *16.676 50. FT., *0.3626 ACRES TOTAL AREA - *3,146,367 50. FT.. *72.2306 ACRES PROP0.10 *ARM ARFA0. NEW PARCEL A - *3,031,420 50. F7., *69.5910 ACRES NEW PARCEL B - *16.676 50. FT., *0.3020 ARKS NEW PARCEL C - *13,107 50. FT., *0.3009 ACRES NEW PARCEL D - *71,610 S0. F7., *1.6439 ACRES NEW PARCEL E - *13,467 SO. FT., *0.3091 ACRES SHEET LAYOUT N.T.S. - n K- 'MI��PAPCWAY - -_ SHEET 6 I SHEET 0 t11 0 1 . 'SHEET SHEET 7 1 , 6 '1.1,4 509414 EH BLVD DETAIL NEW PARCEL E. 1• = 50' 1 STRANDER BLVD. DETAIL NEW PARCEL C. 1. =50' $I 41 999'40 06 99.33, - PoDIT OF WAY STRANDER BLVD. DETAIL NEW PARCEL D. 1• =50' NOTE: SEE SHEETS 5-6 F011 ADDIIIDIAL IN70HYA110N PROPERTY BEFORE B.S.I.P. N.T.S. 1 VOLUME 2 4 y PAGEO -'R' } SOUTHCENTER 11. 11372 00292 1L 11572 00290 TUKWILA PARKWA NOT A PART' U I NOT A PMT Q P�33970 000247 R. 2623040023 ti 11. 53792 111. 53792' 00240 . 00330 1, TL 5379200241 11. 3597000240 r I I Nate49005 , L 11. 6364200010 n 9004 20230 i 4 1.15993_ STRANDER BLVD1 PROPERTY AFTER B.S.I.P. N.T.S. furl - UNrHANGD z W U (4 11. 11572 (UNCHANGED) T1. 11572 00290 (UNCHANGED) NOT A PART HEW PARCEL B 11. 35970 0002)7 TUKWI 11 2623049023 `J (UNCHANGED) , `,\ NEW PARCEL A ,r1L 3379I 2;1 1 00330 ` (CHANGED) (UC) a. 11. 5379203240 1 (UNCHARGED) 1. 6364200010 11 5379203241 (DIMMED) NOT A PART 11. 3597000240 (UNDIMMED) r TL 20230 49005 (uC) L J NEW PARCEL C / NEW PARCEL 0 111716135- In. 26230 L 1(0999__ U NEW PARCEL E rct O 0 Z STRANDER BLVD. 1 WEA SOUTHCENTER LLC BINDING SLA IN�G SITE IMPROVEMENT PIW NV 1/4, NE 1/4 AND NE 1/4, NW 1/4 OF SECTION 26, T. 23 N, R. 4 E., VA. 6 SV 1/4, SE 1/4, AND SE 1/4. Sy 1/4 OF SECTION 23, 7. 23 N., R. 4 E.. VA IN KING COUNTY, VASHINGTON. 20081106000242 00600**!! LVyPINT 1S9.I0 �MW 11a MO - A, AND RECORDS AND ELECTIONS OWNER(S): WEA SOUTHCENTER, LLC 11601 WILSHIRE BLVD. 11114 FLOOR PHONE: 2/O 47P -Y�sb LOS ANGELES, CA 90025 AA Engineering Services Company 1601 Second A. PH: (206) 441 -1055 0P014 1000 1- (800)- 945 -0408 S4o1BA, WA 98101 FAX: (200) 440 -7107 DATE 10/21/08 SCALD N/A CHEOKED07 NC 400= w'w5P 07698.10 - DRAWN BY FW SHEET 2 OF 8 • N 0= 0 AB so CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 SOUTHCENTER BOULEVARD, TUI(WILA, WA 98168 TELEPHONE (206) 4314670 FAX (206) 4314665 &MAIL• TUKPLANCATUKWILA.WA.US BINDING SITE IMPROVEMENT PLAN NUMBER L08 -033 (REPLACES THE BINDING SITE PLAN RECORDED UNDER KING COUNTY RECORDING NO. 20030530001409 CITY OF TUKWILA FILE NO. L03 -018) LEGAL DESCRIPTION (OLD). P4832 A THAT PORTION OF 114E NORTHWEST QUARTER OF NE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORM. RANGE 4 EAST, W M , IN KING COUNTY, WASHINGTON, AND OF ME NORTHEAST WARIER CF TIE NGRMWEST QUARTER OF SAID SECTION 26, AND OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23. TOWNSHIP 23 606114, RANGE 4 EAST. W 44 , IN KING COUNTY. WASHINGTON. AND OF ME SOUTHEAST WARIER OF NE SOUTHWEST QUARTER OF SAID SECTION 23, AND OF THE INTERURBAN ADDITION TO SEATTLE. ACCORDING TO PUT RECORDED IN VOLUME 10 OF PUTS AT PAGE(S) 35, IN KING COUNTY, WASHINGTON, AND OF BROOtVALE GARDEN TRACTS. ACCORDING TO PUT RECORDED IN VOLUME 10 OF PUTS AT PAGES) 47, IN KWIC COUNTY. WASHINGTON, AND OF THE W. H. GLUM DONATION LAND 0.461 N0. 40, DESCRIBED AS FOLLOWS: COMIENONG AT ME NORTHEAST CORNER OF THE NORTHWEST QUARTER OF ME NORTHEAST QUARTER OF SA10 SECTION 26; THENCE 606114 0012'09' WEST ALONG THE NORTHERLY PR000CTON OF THE EAS1 UNE OF SAID 54160414006 406.40 FEET; HENCE SOUTH 69'47'51' WEST 30 FEET TO THE WEST MARGIN OF ANDOVER PARK WEST AND 114E TRUE PONT OF BEGINNING: HENCE NORM 6715413 TEST 52662 FEET; THENCE SOUTH 0011736' WEST 30.02 FEET; THENCE NORM 67'25'13• WEST 253.52 FEET; THENCE SOUTH 0019'36• WEST 366.64 FEET TO THE NORM UNE OF THE SOUTH 40 FEET Of 114E SOUTHEAST QUARTER Of SAID SECTION 23, THENCE NORTH 6944024' VEST ALONG SAID NORTH UNE 170.20 FEET TO AN INTERSECTION WIN A UNE 864ION BEARS NORM 1119'36' EAST FROM A PONT ON THE SOUTH UNE Of SAID SECTION 23, WHICH IS 341.40 FEET EAST OF 1140 SOUTHWEST CORNER OF NNE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH 010'36' TEST 14.00 FEET; THENCE N06114 69'4024' WEST 10.50 FEET; THENCE SOUTH 0019'36' WEST 36.83 FEET; THENCE NORTH 607024' VEST 7.90 FEET; THENCE SCUT/ 0018'36' WEST 42.17 FEET: THENCE NORTH 89.4014' WEST 72.00 FEET; NONE SOUTH 0010'36' %EST 98.00 FEET: THENCE NORTH 69.40'24' WEST 226.00 FEET: THENCE HORN 0019'36' EAST 138.17 FEET: THENCE NORTH 89440'24• WEST 79.90 FEET: THENCE NORM 0019'36' EAST 10.83 FEET TO NE 6E5TFRLT (01159ON OF ME SOUTH UNE OF THE SOUTHEAST QUARTER OF SAID SECTION 23. HENCE NORTH 09'40'24' WEST KO•0 SAID EXTENSION 10.50 FEET. THENCE NORTH 00'18'36' EAST 40.00 FEET THENCE NORTH 89'40'24' WEST 151.60 FEET: THENCE NORTH 0019'36' EAST 790.45 FEET TO THE NORTHEAST CORNER Of MAT PORTION OF ME SOUNCENIER PARKWAY VACATED BY ORDINANCE NO 555, OTT OF TUKWILA, AND AS RECORDED UNDER RECORDING NO 6516239, IN KING COUNTY. WASHINGTON. SAID NORTHEAST CORNER ALSO BEING A PONT ON A 560.79 -F00T RADIUS 13,19VE CONCAVE TO NE SOUTHEAST. THROWN WMON A RADIAL UNE BEARS SOUTH 0434'22 EAST. THENCE WEST ALONG SAID WRYE AND 1141 SOUTHEASTERLY MARGIN OF SAID SO /ICENTER PARKWAY. 282.00 FEET TO A POINT OF COMPOUND WRVS TO THE LEFT 00 A 339.07 FOOT RADIUS, THENCE SOUTHWESTERLY ALONG SAID CURVE 37.78 FEET TO 444 44051 NORTHERLY PONT OF A TRACT OF LAND CONVEYED TO THE OTT OF TUKWLA BY DEED RECORDED UNDER RECORDING NO 6516243, IN KING COUNTY. WASHINGTON; THENCE CONTINUING 5WTH6 5106111 ALONG SAID CURVE AND SOUTHEASTERLY MARGIN 312.17 FEET; THENCE 500TH 69439'00' WEST ALONG SAID SOUTHEASTERLY MARGIN 17.04 FEET TO TIE EASTERLY MARGIN OF SAID 504.1114CENIE6 PARKWAY (FORMERLY 571/1 AVENUE SOUTH) AS DEEDED TO THE CITY 00 TUKWLA AND RECORDED UNDER RECORDING NO 5735981; THENCE SCUM 0011'00' EAST ALONG SAID EAST MARGIN 438.12 FEET TO AN ANGLE PONT THEREIN: THENCE SOUTH 00'23'45' EAST ALONG 5.410 EAST MARGIN 633.44 FEET TO THE NORTHERLY UNE OF STATE HIGHWAY RIGHT Of WAY; THENCE NORTH 0972'42' EAST ALONG SAID NORTHERLY UNE 3.31 FEET TO THE EASTERLY UNE Of SAID STATE HIGHWAY RIGHT OF WAT HENCE SLUM 0097'16' UST ALONG SAID EASTERLY UNE 134.50 FEET TO NE SOUTHEASTERLY UNE OF SAID RIGHT OF WAY: THENCE SOUTH 43'25'05' VEST ALONG SAID 50UNEASTERLY UNE 6.74 FEET TO THE AFORESAID EAST MARGIN CE SOUNCENTER PARKWAY, THENCE SOU1 00'23'45 EAST ALONG SAID EAST MARGIN 471.43 FEET TO NE BEGINNING OF A CURVE TO 1140 LEFT OF A 50 FOOT RADIUS, THENCE ALONG SAID CURVE 77.70 FEET TO A POINT OF TANGENCY ON ME WITH UNE Of STRANGER BOULEVARD (FORMERLY SOUTH 164114 STREET), AS DEEDED TO NE CITY OF T1KWU BY QUIT DAN DEED FROM Sk1MCENTER CORPORATION ON FEBRUARY 14. 1963: MENCE SOUTH 8818'22' EAST ALONG SAID NORM UNE 588.31 FEET. THENCE SOUTH 89'30'56' EAST ALONG SAID NORTH UNE 1255.52 FEET TO THE BEGINNING 00 A CURVE TO THE LEFT OF A 30 -FOOT RADIUS. THENCE ALONG SAID CURVE 79.14 FEET TO THE %E5T LINE OF MOWER PARK NEST. AS DEEDED TO ME WY OF TUKWILA BY QUIT CLAIM GEED FROM 50UNCENTER CORPORATION ON NOVEMBER 1. 7962; THENCE NORM 0012'09' WEST ALONG SAID VEST UNE 1652.93 FEET TO TRUE PONT Of BEGINNING. EXCEPTING THEREFROM ANY AND ALL WRONGS. STRUCTURES AND IMPROVEMENTS LOCATED ON SAID LAND AS EXISTED THEREON AS OF DECEMBER 17, 1985, AS CONVEYED BY DEED RECORDED UNDER RECORDING N0. 0512171136 -BUT TOWNER MITH A REVERSIONARY INTEREST IN SAID BUILDINGS. STRUCTURES AND IMPROVEMENTS PURSUANT TO THE ERRS OF ME AMENDED AND RESTATED GROUND LEASE, DATED DECEMBER 17, 1065, NOTICE OF WaON WAS RECORDED WIDER RECORDING NUMBER 6512171133. BINDING SITE IMPROVEMENT PLAN FOR WEA SOUTHCENTER LLC PORTION OF: NW 1/4, NE 1/4 AND NE 1/4, NW 1/4 OF SECTION 26, T. 23 N., R. 4 E., W.M. 8. SW 1/4, SE 1/4, AND SE 1/4. SW 1/4 OF SECTION 23, T. 23 N., R. 4 E., W.M. IN KING COUNTY, WASHINGTON. LEGAL DESCRIPTION (OLD • CONT.) PMCFI R THAT PORTION OF 117E SOUTHEAST QUARTER Of THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH. RANGE 4 EAST, W.4., IN XING COUNTY. WASHINGTON, [ESCROW AS FOLLOWS COMMENCING AT ME 001.11149EST CORNER OF TIE SOUTHEAST QUARTER OF SAID 5EC1106 231 THENCE NORTH 89'4024" WEST ALONG ME WESTERLY EXTENSION OF THE SOUTH UNE Cr SAID SOUTHEAST WARIER 65.40 FEET, THENCE NORM 0010'36' EAST 40.00 FEET TO ME TRUE PONT Of BEGINNING. THENCE CONTINUING NORM 0019'36' EAST NOW FEET; THENCE NORTH 89'4014' WEST 151.60 FEET; HENCE SOUTH 0019436• VEST 110.00 FEET; THENCE SOUTH 09'40'24' EAST 151.60 FEET TO NE TRUE POIN0 OF BEGINNING. LEGAL DESCRIPTION (NEW) NOW P41000 A MAT PORTION OF NE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWHSHR 23 NORTH. RANGE 4 EAST, W 4 . N KING COUNTY, WASHINGTON. A140 OF NE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26. AND OF THE 5OUMWE5T QUARTER OF 1140 SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORM. RANGE 4 EAST, W M , IN 1090 COUNTY. WASHINGTON. AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23, AND OF THE INTERURBAN ADDITION TO SEATTLE. ACCOROING TO PUT RECORDED IN 1150044E 10 OF PLATS AT PAGES) 55, N KING COUNTY. WASHINGTON, AND OF BROOKVAIE GARDEN TRACTS. ACCORDING TO PLAT RECORDED N VO1.1J60 10 O: PLATS AT PAGE(3) 47, N KING COUNTY. WASHINGTON. AND OF TIE W. H. GL1UNI DONATION LAND MAN N0. 40. DESCRIBED AS FOLLOWS COMLI HONG AT 1140 NORTHEAST CORNER OF NE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAI0 SECTION 26, THENCE SOUTH 89'4024' WEST ALONG 1140 NORM UNE OF SAID SUBDIVISION 30.00 FEET TO ME VEST MARGIN OF ANDOVER PARK REST. AND THE TRUE POINT OF BEGINNING. THENCE NORTH 001408' WEST &ONO SAID WEST MARGIN 406.23 FEET MENGE NORTH 871512' WEST 526.10 FEET; THENCE SOUTH 0019'36' WEST 30.02 FEET; HENCE NORM 072513' VEST 253.52 FEET THENCE SOLID 0019.36' WEST 386.84 FEET TO NE NORTH UNE OF THE SOUTH 40 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 23, THENCE NORM 09'40.24' WEST ALONG SAID NORTH UNE 179.30 FEET TO AN INTERSECTION NTH A UNE WHICH BEARS NORTH 0019430' EAST FROM A PONT ON NE SOUTH LINE OF SAID SECTION 23, 814101 I5 341.40 FEET EAST OF ME SOUNDEST CORNER OF NE SOUTHEAST QUARTER OF SAID SECTION 23, THENCE SOUTH 0019436' VEST 14.00 FEET; THENCE NORM 69'40'24' WEST 10.50 FEET; THENCE SOUTH 0019'36• WEST 36.83 FEET; THENCE NORM 09'4014' WEST 7.90 FEET, THENCE SOUTH 001916' WEST 42.17 FEET; THENCE NORM 80'4024' VEST 72.00 FEET; THENCE SOUTH 001910' %EST 96.00 FEET; THENCE NORTH 09'40424' WEST 226.00 FEET; THENCE NORTH 001916• EAST 138.17 FEET; THENCE NORTH 60.4024" WEST 70.90 FEET; THENCE NORTH 001636' EAST 10.83 FEET TO THE WESTERLY EXTENSION OF TIE SOUTH UNE Of 114E SOUTHEAST QUARTER OF SAID SECTION 23, THENCE NORM 097024• WEST ALONG SAID EXTENSION 10.50 FEET, THENCE NORM 111918• EAST 40.00 FEET: THENCE NORM 69440'24• WEST 151180 FEET; THENCE NORM 0019'36' EAST 790.67 FEET TO NE NORTHEAST CORNER OF NAT PORTON GF THE SWMCENTER PARKWAY VACATED BY ORDINANCE NO 555, CITY OF TUNDRA, AND AS RECORDED UNDER RECORDING NO 6516239, IN KING COUNTY. WASHINGTON. SAID NORTHEAST CORNER ALSO BEING A PONT ON A 565.70 -F00T RADIUS CURVE CONCAVE TO THE SOUTHEAST. FROM WHICH A RADIAL UNE BEARS 501U114 04'34'32' EAST; THENCE WEST ALONG SAID CURVE AND NE SOUTHEASTERLY MARGIN OF SAID 50UNCEN1ER PARKWAY; 281.71 FEET THROUGH A CENTRAL ANGLE OF 2971'40' TO A PONT OF COMPOUND CURVATURE TO THE LEFT HAVING A 339.07 F00T RADIUS THENCE SOUTHWESTERLY ALONG SAID CURVE 340.00 FEET THROUGH A CENTRAL ANGLE OF 591)7'34'; THENCE SOUTH 89'39'00' WEST ALONG SAID SOUTHEASTERLY MARGIN 10.10 FEET 10 NE EASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY (FORMERLY 57114 AVENUE scum) AS DEEDED TO THE CITY OF DARLA AND RECORDED UNDER RECORDING NO 5735901; THENCE Scum 00'23•24' EAST ALONG SAID EAST MARGIN 43668 FEET TO AN ANGLE PONT THEREIN; VOLUMEa4 N/ PAGE 07 LEGAL DESCRIPTION (NEW •CONT.) NOME SOUTH 00'26'00• EAST ALONG SAID EAST MAR0N 829.04 FEET TO THE NORTHERLY UNE OF STATE HIGHWAY RIGHT OF WAY, THENCE NORTH 0973'5I• EAST ALONG SAID 740654 111 UNE 6.00 FEET TO THE EASTERLY UNE O' SAID STATE HIGHWAY RIGHT OF WAY; 1NENCE SOUTH 00'28'09• EAST ALONG SAID EASTERLY UNE 142.00 FEET TO THE SOUTHEASTERLY UNE OF SAD RIGHT OF WAY; THENCE SOUTH 09'33'51• WEST ALONG SA/0 NORTHERLY UNE 6.00 FEET FEET TO THE AFORESAID EAST MARGIN OF SCUTHCD4TER PARKWAY THENCE 50UT T 0016'09• EAST ALONG SAID EAST MARGIN 471.77 FEET TO THE 8EGNNNG OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS; THENCE ALONG SAID CURVE 77.65 FEET THROUG4 A CENTRAL ANGE Of 6079'01• TO A PONT 00 TANGENCY ON THE NORTH LINE OF STRAN0ER BOULEVARD (FORMERLY SOUTH 144111 STREET). AS DEEDED TO THE OTT OF TUKWILA BY QUIT CLAM DEED FRON SOUTH TER CORPORATION ON FEBRUARY 14, 1963; THENCE SOUTH 6915'007 EAST ALONG SAID N06TN UNE 507.90 FEET, THENCE SOOT4 077318' EAST ALONG SAID NORTH LINE 1255.60 FEET TO 040 BEGINNING of A CURVE TO THE LEFT OF A 50 -FOOT RADIUS; NONE ALONG SAID CURVE 79.14 FEET TROUGH A CENTRAL ANGF OF 90'41'02' TO ME WEST UNE OF ANDOVER PARK WEST, AS DEEDED TO 117E 0111 OF TU644LA BY WIT CLAIM OECD FROM SOUTHCENTER CORPORATION ON NOVEMBER 1. 1962; THENCE NOR1N 0011.30• %EST KONG SAID WEST UNE 1240.47 FEET; THENCE NORM 0014.09' VEST 0.29 FEET TO TRUE PONT OF BEGINNING. EXCEPT MAT PORTION OF NE NORTHWEST WARIER OF THE NORTHEAST QUARTER DF SECTION 26. TOWNSHIP 23 NORM, RANGE 4 EAST, W M .114 KONG COUNTY, WASHINGTON DESCRIBED AS FOLLOWS CON IENONG AT THE NORTHEAST CORNER OF 117E NORTHWEST QUARTER OF THE NORTHEAST WARIER Of SAID SECTION 20; THENCE ALONG NE CENTERLINE Of ANDOVER PALO WEST, SOUTH 001116' 1327.43 FEET TO THE CENTERUNE Of 51RM40ER BOULEVARD: HENCE NORM 89'30'36" WEST ALONG SAID CENTERUNE OF STRANGER BOULEVARD 1174.03 FEET; THENCE NORM 001ffs2 EAST 30.00 FEET TO THE NORM MARGIN THEREOF; THENCE CONTINUING NORM 001012' EAST 45.68 FEET TO TIE /RUE PONT OF BEGINNING; 17404440 CONTINUING NORTH 001012• EAST 131.02 FEET; THENCE NORTH 0944008• WEST 99.35 FEET: HENCE 50)11 0011052' %EST 131.02 FEET TO SAID NORTH MARGIN OF SNAHOER BOULEVARD; THENCE SOUTH 89'40'00' EAST ALONG SAID NORTH MARGIN 99.35 FEET TO NE TRUE POINT OF BEGINNING. AND EXCEPT THAT nRTION OF THE NORTHWEST QUARTER OF NE NORTHEAST QUARTER OF SEC 26. TOWNSHIP 23 NORTH. RANGE 4 EAST, W M, IN KING COUNTY. WASHINGTON; CONMEN0N0 AT 114E NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26, HENCE ALONG THE CENTERLINE OF ANDOVER PARK VEST. 50UM 001)36' WEST, 1327.43 FEET TO ME CENTERLINE Gi STR48DE9 BOULEVARD; THENCE NORTH 09'3036' %EST ALONG SAID CENTERLINE OF 5TRANDER BOULEVARD, 698.00 FEET; THENCE NORM 0011724' EAST 30.00 FEET TO NE NORM MARGIN THEREOF AND THE TRUE POINT OF BEGNNN5 THING CONTINUING NORTH 0019'24' EAST 341.00 FEET, THENCE NOON 8943036' VEST 210.00 FEET. THENCE SOUTH 001914• VEST 341.00 FEET TO SAID NORM MARGIN OF STRANGER BOULEVARD; THENCE Scum 8970'36' EAST ALONG SAID NORTH MARGIN 210.00 FEET TO ME TRUE PONT OF BEGINNIN0. AND EXCEPT NAT PORTION Of NE NORTHWEST 0648169 OF ME NORTHEAST QUARTER OF SECTION 26, 1084494P 23 NORM, RANGE 4 EAST, W N , IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT NE NORTHEAST CORNER OF 11I0 NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26; HENCE ALONG THE CENTERUNE OF ANDOVER PARK WEST, SOUTH 0011'30' 1327.43 FEET TO TIE CENTERLINE OF 51RANDFA BOULEVARD; HENCE NORTH 893036' %EST ALONG SAID CENTERUNE a SIRANDER BOULEVARD 481.04 FEET; THENCE N06114 0010'07" EAST 30.00 FEET TO THE NORTH MARGIN THEREOF; THENCE CONTINUING NOR1)4 0010'07" EAST 48.46 FEET TO 711E TRUE POINT OF BEGINNING THENCE CONTINUING NORTH 0010'07" EAST 71.19 FEET; THENCE NORTH 807913' VEST 56.90 FEET; MENCE NORM 0010407" EAST 18.48 FEET; THENCE NORM 0071053 VEST 92.06 FEET; THENCE Scum 0010.07" VEST 101.96 FEET; THENCE SOUTH 897953' EAST 86.05 FEET; THENCE NORTH 001007" EAST 11.29 FEET; THENCE SCUM 097913 EAST 02.90 FEET TO THE TRUE PONT OF BEG411NG. 5331.2.3503-6 MAT PORTION OF NE SOUTHEAST WARIER OF THE SOUNDEST WARIER OF SECTION 23, TOWNSHIP 23 NORTH. RANGE • EAST. W..44., 74 KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS CON6ENONG AT NNE SOUNDEST CORNER OF THE SOUTHEAST WARIER OF SAID SECTION 23; THENCE NORTH 69'4024" TEST ALONG THE WESTERLY EXTENSION OF THE SOUTH UNE O' SAID SOUTHEAST QUARTER 6540 FEET; THENCE NORM 0010'36• EAST 40.00 FEET TO NNE TRUE PONT Of BEGINNING. THENCE CONTINUING NORM 0011736• EAST 110.00 FEET; THENCE NORTH 09'4024• TEST 151.60 FEET; THENCE SOUTH 001916' TEST 110.00 FEET; THENCE SOUTH 89'4024' EAST 151.00 FEET TO THE TRUE PONT OF BEGINNING. OWNER(S): WEA SOUTHCENTER, LLC 11601 WILSHIRE BLVD. 11TH FLOOR PHONE: 3/0- ytt •4ySa LOS ANGELES. CA 90025 PACE DATE 10/21/08 =ALE N/A 4U%HYWGN 07698.10 CHECKEDBY An Engineering Se vices Company NC 1601 S.osnd AVON PH: (206) 441 -1855 64.104 1000 1-(600) -045 -0408 Seattle, WA 90101 FAX: (206) 448 -7167 SHEET 3 0914)4710)' FW OF 8 CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6100 BOUTNCENTER BOULEVARD, TUKWILA. WA 96188 TELEPHONE (206) 4114670 FAX (206) 4314686 EMAIL' TUKPLANDITUKWILA.WA.US BINDING SITE IMPROVEMENT PLAN NUMBER L08 -033 (REPLACES THE BINDING SITE PLAN RECORDED UNDER TONG COUNTY RECORDING NO. 20030530001409 CITY TUKWILA FILE NO. L03 -018) LINE xoo BINDING SITE IMPROVEMENT PLAN . FOR WEA SOUTHCENTER LLC PORTION OF: NW 1/4, NE 1/4 AND NE 1/4, NW 1/4 OF SECTION 26, T. 23 N., R. 4 E., W.M. & SW 1/4, SE 1/4, AND SE 1/4. SW 1/4 OF SECTION 23, T. 23 N., R. 4 E., W.M. IN KING COUNTY, WASHINGTON. 030111Th CENTER 0f SECTION 23 FROM VATOO5 RECORDED 9,0211 2404 405 -8- S ` 8 \ \ \ _ +g J \ \ • ` ` 037;1 X18 UleW BUDFIC FOOTPRINT AREA :10.590 54 Ft. 4 00 ootei Q I 1 732411'417" . NWT CC RAT NO PROPDIT7 PER OEM REC. N0 20200207006661 5997900.66 1617 05'.75 (1 7.P. N0. 1167200292 1..07 31 EXISTING PARCEL A 0.0.21 09°C1A °.° BOLT OF RAT 1 QQ_ 20 BE 0103CA1 w OTT O' IUITILA 7.1. N0 NO. 7 BRASS GP N Y OA CONC. 1 MON AT SW COOER 0 'ECM' 20. x576;•0078 00 to i TI 17x 1 l AI 0 II4 LOOP 00120101 127aN1 0° 4`0 EXISTING r'2 ! PARCEL A J I1- 11077200290 15' MT( EASEMENT Al. 079201 0 Ie NEW PARCEL A LL NO. 1107200292 (NOT A PART) PLAT UNE (TOP) OETAA SCE 09091E "EXISTING LOT 30 / PARCEL B \ 71. NO. 17 UTILITY EASLIDIT 7 AJ. 070201 - 7.1. N0. 5097000245 (NOT A PART) 1.07 13 81051290 0302290 0LCT. E9TT 16 AJ. 9340402032S NEW PARCEL B SWTN UNE SW 1/4 27_31 -4 r "NORTH UNE NW 1/4 26 -17-4 is6e•. 7.1. NO. 5097000240 0�(2) (NOT •A PART) FOR -►MTT ENCROACHMENT AGEDEIIT AF. 0431690 (NATOED MEAS1 COS,1NG NACYS 5050290 7.1. PM 2825040080 (NOT A PART) N6P4724•M 226.•• (176205 179 GRAPHIC SCALE 100 100 200 ( IN FEET ) 1 Inch • 100 ft. WARM OOIURR FALLS N BUILDING LCCATEN IS P01 V.VBOUS SURVEYS AND PUT OF ANDONR 9015794 PING 7199 6sONATIO1 CHECKS THE 00190 1/1619 C06200 TO DE EAST. N974224 79 56 7.1. N0. 2625049025 LL006 of E ron'DU5510LT CONTINUED ON SHEET 7 20070919000740 lit BU ONO FC01PRNT AREA !994.450 50 FT. CONTINUED ON SHEET 6 osim ® MOM CASED MONUMENT !VOLUME „2.4,41 PAGE Dm WOO UNES PR04101TV ONES LOT LINES (PER ASSESSOR) PLAT UNE SMBON90N UNE EASEMENT UNE9 ROUT -OF -MAT LINES PROPOSED BUILDINGS COSTING BUILDINGS ESLFT EASEMENT CALL CALOIUTEO 0004908 REC. - RECORD 001ENSION AF. 8 - AU2ITOWS FILE NUMBER ELECT. - ELECTRIC 111L - TELEPHONE ( DEED MEASURE) 566'220( 151.2 N�ORTN LINE NW 1/4 SEC. 29-23-4 71. NO. 5697000247 IOW OWNER(S): WEA SOUTHCENTER, LLC 11801 WILSHIRE BLVD. 11111 FLOOR PHONE: 3/O -k7t- it LOS ANGELES, CA 90025 ACE An Engineering Services Company 1001 Second Av. RC (206) 441 -1965 5M22. 1006 1- (000 )-646 -0406 54410., WA 96101 FAX: (200) 440 -7167 DATE 10121/08 5CAL9 .40• SUuaER 1- • 100' 07698.10 0MIECNE0 BY DRAWN BY NC FW SHEET 5 or • • CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 SOUTHCENTER BOULEVARD. TUKWILA, WA 96188 TELEPHONE (206) 431.670 FAX (206) 4314663 EJIAII. TUKPIAN66TUKWILA.WA.U3 BINDING SITE IMPROVEMENT PLAN NUMBER L08 -033 (REPLACES THE BINDING SITE PLAN RECORDED UNDER KING COUNTY RECORDING NO. 20030530001409 CITY OF TUKWILA FILE NO. L03-018) CONTINUED ON SHEET 5 1 ' ` ` a ` _.\_▪ R 15 UTUTT ` [AMMO —. — _ = 079201 • T.1. NO 3697000246 (NOT A PART) T.1. NO 3697000246 t7 (NOT A PART) MIR -PARTY ENOIOAOOENT 4460404241 AUEDIDIT Af. 044686 04aoc Nos) .120 COSMO mars \ 77\ BUILDING LL NO 2023049030 (NOT A PART) 4499'47241 LOT 13 POSTING Parr ;86g...3/66031940904 • 4090 • 96603140910 BINDING SITE IMPROVEMENT PLAN FOR WEA SOUTHCENTER LLC PORTION OF: NW 1/4, NE 1/4 AND NE 1/4, NW 1/4 OF SECTION 26, T. 23 N., R. 4 E., W.M. 8 SW 1/4, SE 1/4, AND SE 1/4. SW 1/4 OF SECTION 23, T. 23 N., R. 4 E., W.M. IN KING COUNTY, WASHINGTON. — - 8164T91PEORL FND. 3/4' BRASS PLUG M CONE STA. 3044.15 N STA. � 50400 EAT di)rSUPP" t a S 30 00 r 4T /6 -5200' Snel d ( m��4 (N07y71]'W) 448713'07.04 \--AC® RCNTS ARfMEYDIT AF. M0. 5544945 71. 3697000267 (NO7 A PART) 4007 446715'13'04 \ z53 a Opp m�Ex1 Sa ltr 526.19 (526.42) 47.07 LOT 14 lOE Mil REC. 110. 5x1652 © 7769(7 909 NPROMO4311 6 WINES REC. 1 2906424901036 73-07 -I 7L NO 3697000240 121:MIG ME(VYN'S BULIMIC 226. (179.20) 599'17242 179.30 REC. 010 CALF ^I �� 244.00 1 9x'47441 g11 9r 4072361 44.00' 50714396 36. 21' 3 35' MIL [SIFT. AF. 0212061132 14. SOUTH 13140 5E 1117 (NORTH LME NE 1/4 00000450 E 3341.3060 1 VOLUME .2q y PAGE o a 6) FOUND CASED Y0NUN01T /II I T// I/ /I CENTER LINES PROPERTY UNES LOT ONES (PEA ASSESSOR) PLAT WM SUBOIN90N UNE EASEMENT MO RUNT-CC-WAY LINES PROPOSED BUXOM DMITMO BULIXNOS ESI47 • EASEMENT CALF • CALCULATED 011211742CN REC. RECORD DIMENSION 4.2. 9 • AUOITOR'S FILE NUMBER UECT. ELECTRIC ME. • 1210660166 (DEED MEASURE) 1'•30 NEW PARCEL A FM. CASED 2 BRASS CAP NE CORNER, NW 1/4, NE 1/4 OF SEC11p/ 26 30.030} AF. 0299631 II EXISTING PARCEL A BUIO9C *0001097 MCA !964.496 50. FT. • GRAPHIC SCALE too 160 200 ( IN FEET ) 1 Inch . 100 ft. MST= BUILDING CONTINUED ON SHEET 8 =SING IC PEON BUILDING LL N0. 2623049086 OWNER(S): WEA SOUTHCENTER. LLC 11601 WILSHIRE BLVD. 11TH FLOOR PHONE: 3ro -471- lI((. LOS ANGELES. CA 90025 M Engineering Services Canpany 1601 8.8914 M.O. P6. (206) 441 -1655 1461. 1000 1- (600) -645 -8406 S•otO.. WA 96101 FAR (206) 446 -7167 OATS 10/21/08 SCAN r• 100' CHECKED 8Y NC soma 6 308 444640621 07698.10 DRAYR187 FW of 8 • Cm OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 BOUTNCEIITER BOULEVARD, TUKWILA, WA 66166 TELEPHONE (200) 4314170 FAX (206) 4314665 EMAIL: TUKPLAN66TUKWILA.WA.UB BINDING SITE IMPROVEMENT PLAN NUMBER L08 -033 (REPLACES THE BINDING SITE PLAN RECORDED UNDER KING COUNTY RECORDING NO. 20030530001409 CITY OF TUKWILA FILE NO. L03 -018) T I 25341034aoO II I T T 2532 11w I I !44 K tq !I 20 520 +00 •49. 120' TRAII1C 901110 1 \LOOP 0ETECTO6 EASEYOIT 20070010000340 11 111 °° sU I IL PARCEL A I I OTUn° A.7. uSIDENT II �r1 I t 1:Or( ON(�Y45317 2E) 6Aa 36.09 00 +40.1 I40 �% _r4 II I 11 I EX/STING I g�!1 10 PARCEL A . t I I 27 DO I fl I I� 10#„: 1 1 I OiGIT. E9CT ,3 343000 ,41 CONTINUED ON SHEET 5 71 N0. 2623049023 NORDSTROM BUDDING t+C 3T T.2. N0. 0370200330 BINDING SITE IMPROVEMENT PLAN FOR WEA SOUTHCENTER LLC PORTION OF: NW 1/4. NE 1/4 AND NE 1/4, NW 1/4 OF SECTION 26, T. 23 N., R. 4 E., W.M. 8 SW 1/4, SE 1/4, AND SE 1/4. SW 1/4 OF SECTION 23, T. 23 N., R. 4 E., W.M. IN KING COUNTY, WASHINGTON. EXISTING PARCEL A 552.42 5011114 (TAM Lon 0.60110 F0011NO71 AREA • 4164,450 91 FT. 92370 0 BUILDING LL ND. 6304200010 (GRANOID) NEW PARCEL A • 0. 6506200537. AS RENSED — 1NROUDN JUNE 1165. RECORDING CAUSE N0. 6010 (ENTERED 0/10/63 1 1 k CONDEMNATION BY U.S. DISTRICT COUR I I (04225 T.L. NO. X61~ 5399200240 1 (L71T T I I B[ OED OE01CA TO an a TN(rlA 20 II 4100 i 2400 00 } } KI 30.00 650.05. R•30.D0' EL N0. 6379200241 (CHANGED) PARKING 04840E BULGING 1001PRNT AREA • *72.120 00 T. 15. 22 SEVER ES511 RIG / 20070111000337 ICE 8511 A.F. 150 03167 BILGING AREA • 0300 SO 98 snro-507 50970/31 C --- es° t 0 07027 FWD. CASED Y BRASS CAP ELLV.•4a76 5TA 20400 8/6 STA. 2141111 (AV POOR CCM MON rM TAOH N LEAD PLUG M CASE DOTPARCAL Fa EL SEE 91117 2 S62 — S NEW PARCEL I �r7j�6M5M L pQ I/ �iPOB PARCEL C 111.32 —I1 tiE 8 1- Z. 314 30. STRANDER BLVD. EDSTING PANE NG 8 1 ! 8 0.90 OWNER(S): } DIAL PW PARCEL 0 SEE MEET 2 11623036'11 31000 7.1 NO 6304200020 NEW PARCEL D (UNC14NOID) SWUM AREA • 7.400 50 R. 1255.6a TOTAL {11255.507 POP. LINE n4_NOtY#76'W___ 15. 39 SEVER E91T REG 1 20070019000337 r CONTINUED ON SHEET 8 ® FOUND CASED 801J14217 IVOLUMEels+ PAGE 0$3 CENTER LINES PRDPERTY LINES LO1 5NES (PER ASSESSOR) PLAT LINE SU6DIMSION LINE EASEMENT LINES RIGHT-a -WAY LINES PROPOSED BUILDNCS E1091WG BUILDINGS ESMY • CASEMENT . CMG • CALCULATED DM049051 REG • RECORD DIMENSION A/. / • AUDITOR'S Phi NUMBER ELECT. • ELECTRIC MX. • TELEPHONE (DEED MEASURE) 1 GRAPHIC SCALE 100 0 200 ( IN FEET ) 1 Inc - 100 ft. WEA SOUTHCENTER. LLC 11801 WILSHIRE BLVD. 11TH FLOOR PHONE:3 /0 -(/7.P- 4(S LOS ANGELES. CA 90025 DATE 10/21/08 PACE 51 �°• ,.•,w 07698.10 CHECKED BY DRAWN BY An Engineering Services Company NC FW 1001 S•56141 Av.. Plt (206) 441 -1655 0U22. 1000 1- (600) -945 -6408 0.030.. WA 96101 /AM: (200) 445 -7167 SHEET 7 Of 8 • • • i 0 0 10■11810103 ea 03 g N$3E CRY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 0300 BOUTHCENTER BOULEVARD, TUKWILA, WA 98198 TELEPHONE (209) 4313670 FAX (20(1) 431.3665 E4 AML: L: TUKPLN189TUKWIUWA.U5 BINDING SITE IMPROVEMENT PLAN NUMBER L08 -033 (REPLACES THE BINDING SITE PLAN RECORDED UNDER KONG COUNTY RECORDING NO. 20030530001409 CITY OF TUKWILA FILE NO. L03-018) CONTINUED ON SHEET 7 1 COSTING MAIL. BUILDING 71. N0. 6764200010 (CHANGED) NEW PARCEL A CONTINUED ON SHEET 6 I � • PARCEL A EXISTING I CO37IND 10 PENNY BUDDING 7.L N0. 2623049090 BINDING SiTE IMPROVEMENT PLAN FOR WEA SOUTHCENTER LLC PORTION OF: NW 1/4, NE 1/4 AND NE 1/4, NW 1/4 OF SECTION 26, T. 23 N., R. 4 E., W.M. 8. SW 1/4, SE 1/4, AND SE 1/4. SW 1/4 OF SECTION 23, T. 23 N., R. 4 E., W.M. IN ICING COUNTY, WASHINGTON. iRAFRC SI0NA LOOP icon REG 1100709790003441-u...- FAD. MON IN roc r BRASS CAP IN GONG 0.04' EAST OF UNE COSTING PARKING 1 OE1•L 0 9 PARCEL 0 SEE SHEET 2 X0970'7(•/ 210.00 EXISTING PARCEL A 32. 12002 TRAM SOUL LOW 13117 REC. EEL 20070110003340 WAIL FOR FUME SEE SHEET 2 016.000 0001263437 AREA • *SAW S0. 01. 10.00 90 -29,10 -r-IA9MDIT - SEE NEET NEW PARCEL 6 1900 PARCEL E 13 EDIT AI. @900/7 8'I3 E9f1 ROW 04R0WERTS • *114163 REC. E 20060•34001631 17 R 20 TE1L EDO I Ai. 17301030207 - 1100-I 2.1. NO. 2623040084 CO51IN0 71R2310NX 8.60430 0001263017 ARIA •211.650 S0. Ff. 7.T. N0. 2623049090 77' U *00..274 w. . 174071201174 b0914I'02' •50.00 1•70.04' 10 OW OF 111111LA U10.. E9(T U. 87701070.397 =OM BANK IMMO ARIA pg ,• 1130050. FT. I • I 00 IS3M )RJVd a3AOCNV 30.00 V.9 FWD. 3' BRASS CAP 'MU/IMPART Of METROPOLITAN SEATTLE' STA. 10100 N/S STA. 1+00'E/W LECIENLI FOUND CASED MONUMENT IVOLUME .2f. PAGE 0go+ OEN101 ONES PROPERTY LINES LOT UNES (PER ASSESSOR) PLAT UNE SUBON9ON UNE wawa UNES R101T -OF -WAY UNE3 PROPOSED BU0DNC5 E709TIN0 8I70.01NO3 E941 EASEMENT 041JC. CALCULATED DIMENSION REC. RECORD DNEN90N A.F. 9 AUDITOR'S FILE NUMBER ELECT. 11.201 0 TELL. TELEPHONE NOTES: NOFO20N14. DATUM: PER RECORD OF SURVEYS IN NE 1/4 23-23-0 BA95 OF OEARUIC5 • 430014'00.1 ON MONUMENT UNE ALONG EAST UNE OF 114E SW 1/4 OF TIa 5E 1/4 SECTION 23 -23-04 (CA ANDOVER PARK WEST). AL. DISTANCES SHOWN ARE GROUND DISTANCES UNLESS 08IERNSE NOTED. 111E LOCATION AND DESCRIP1101 0.F All SURVEY MARKERS 940061 HEREON ARE BASED ON FIELD OBSERVATIONS TAKEN IN 2004. UNLESS OINERN5E INDICATED. WORK PERFORMED IN CONJUNCTION NN 1115 9WVEY 1.111U2ED 141E FOLLONNO E2RPMONT AND PROCEDURE4 A) 2' OEO(MEIER 600 SERIES ELECTRONIC TOTAL STATION COMPARED ASO ADJUSTED AGAINST A NATIONAL GEODETIC SURVEY CAUBRAIID BASELINE NTWN THE PREVIOUS 02 MONTHS AND M4NTADNED TO THE MANUFACTURERS SPEf7FICATI0NS PER WL,LG 332 -130 -100. (B) THE RELATIVE LOCATION or ALL SURVE1 MONWEN75 AND MARKERS SHOWN ON This MAP ARE BASED ON A CLOSED LOOP ROD 111AVERSE THE LNEA2 ERROR OF CLOSURE AFTER *A4JSTMOIT OF ANGLES. IS EQUAL TO OR BETTER THAN ONE PART N 50,000 THE MEDICO OF ADJUSTMENT USED WAS LEAST SQUARES ADJUSTMENT. SURVEY ACCURACY MEETS CO EXCEEDS NAG 332- 130 -090. 12p5p0p�5p0' 1107*, 8 (1751y''7 'F- W * o __ T -j0.06' 0 1iaolow3159 MEAS. 12. 38 5EIM E911 REC. 6 2007909000337 GRAPHIC SCALE , Io ( IN FEET ) 1 Inch - 100 EL 10E . .34' 20070090E 00}17 STRANDER BLVD. OWNER(S): S�RE(:�/9pp3271�r 99999OtlOOtl R•�.yy WEA SOUTHCENTER, LLC 11601 WILSHIRE BLVD. 11TH FLOOR PHONE:310- 47X•4ya LOS ANGELES, CA 90025 DATE 10/21/08 =us • 1••100. JOY NYMYi9 07698.10 CHECKED BY M Engineering Services Company NC 1001 Second A. PH: (209) 441 -1659 500. 1060 1- (0Q0)- 945-9408 S..tU., WA 08101 FAX: (206) 446 -7167 SHEET 8 DRAWN BY FW OF 8