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SEPA E2000-031 - SABEY CORPORATION - NON-STOP RESTAURANT DEMOLITION
DEMOLITION OF NON -STOP RESTAURANT DEMOLISH BUILDING & ADD ROCK SURFACE FOR TEMPORARY PARKING 12606 TUKWILA INTERNATIONAL BLVD. E2000 -031 City of Tgskwll (,l Steven M. Mullet, Mayor Departtnent of Community Development Steve Lancaster, Director International Corporate Campus East File 12540 Tukwila International Blvd. E2000 -033 (SEPA) Non -Stop Tavern File 12606 Tukwila International Blvd. E2000 -031 (SEPA) INS Building (now DHS Building) 12500 Tukwila International Blvd L02 -055 (Conditional Use) L02 -056 (Design Review) FROM: Brandon J. Miles, Assistant Planner DATE: October 20, 2003 RE: Addendum to Two Existing DNS E2000 -031 and E2000 -033 A SEPA Determination of Non - Significance was issued on December 20, 2000 for the demolition of the Non -Stop Tavern and still in effect (File E2000 -031. A SEPA Determination of Non - Significance covering an earlier proposal for the development of three office buildings with parking garage was issued on June 6, 2001 and is also still in effect (File E2000 -033). On December 20, 2002 City staff determined that the INS (now DHS) project would not create any new significant environmental impacts from those previously considered under E2000 -031 and E2000 -033 and thus a new SEPA review was not required. It has been determined that the proposal to replace the two -story parking garage with surface parking does not create any new significant environmental impacts from those previously considered under E2000 -031 and E2000 -033. 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 0 Phone: 206 - 431 -3670 0 Fax: 206 - 431 -3665 City of ThkWilai Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: International Corporate Campus East File 12540 Tukwila International Blvd. E2000 -033 (SEPA). Non -Stop Tavern File 12606 Tukwila International Blvd. E2000 -031 (SEPA) INS Building 12500 Tukwila International Blvd. L02 -055 (Conditional Use) L02 -056 (Design Review) FROM:Deb Ritter DATE: December 20, 2002 RE: Addendum to Two Existing DNS E2000 -031 and E2000 -033 A SEPA Determination of Non - Significance was issued on December 20, 2000 for the demolition of the Non -Stop Tavern and is still in effect (File E2000 -031). A SEPA Determination of Non- Significance covering an earlier proposal for the development of three office buildings with parking garage was issued on June 6, 2001 and is also still in effect (File E2000 -033). It has been determined that the proposal for the Immigration and Naturalization Service ( "INS ") Seattle District Office does not create any new significant environmental impacts from those previously considered under E2000 -031 and E2000 -033. Per my conversation with Barbara Ritchie of the Department of Ecology SEPA Division on November 21, 2002, public notice and public comment are not required and no additional documentation is necessary. 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 0 Phone: 206 - 431 -3670 0 Fax: 206 - 431 -3665 !! • • CITY OF TUKWILA DETERMINATION OF NONSIGNIFICANCE (DNS) DESCRIPTION OF PROPOSAL: DEMOLITION OF NON -STOP TAVERN BUILDING PROPONENT: SABEY CORPORATION LOCATION OF PROPOSAL, INCLUDING STREETS ADDRESS,;, IF ANY ADDRESS: 12606 TUKWILA INTERNATIONAL BL PARCEL NO: 734.060`0602 SEC /TWN /RNG: LEAD AGENCY: CITY OF TUKWILA>' FILE NO: E2000 -031 The City has determined that the proposal does not have a probable significant adverse impact on, the environment. An environmental impact statement (EIS) is not required under RCW 43 .21c . 030 (2) (c): This decision was made after review .;. of a completed environmental checklist and other information on file: -with the lead agency -. This information i s _ available to the public on request. ********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** This determination-is 2000. final' and signed this ------- day Steve Lancaster, Responsible Official City of Tukwila, (206) 431 -3670 6300 Southcenter Boulevard Tukwila, WA ,98188 Copies of the procedures for SEPA appeals are available with the Department of Community Development. f • City of Micwi Steven M. Mullet, Mayor Depai•tmte % i t of Comm r ; nity Development Steve Lancaster, Director To: Steve Lancaster From: Deborah Ritter C� Date: December 20, 2000 Re: MEMORANDUM E2000 -031 (SEPA Determination) Demolition of Non -Stop Restaurant 12606 Tukwila International Blvd. Project Description: This SEPA review is for the demolition of the existing Non -Stop Restaurant building which is 6,591 square feet in size. This demolition will create a temporary site for adjacent, construction - related parking, storage and staging by Sabey Corporation. Agencies with Jurisdiction: None. Summary of Primary Impacts: • Earth The existing building and parking lot are located on the western one - quarter of the site. These improvements are located on a level, rectangular- shaped strip running adjacent to the eastern side of Tukwila International Boulevard. The balance of the parcel slopes steeply downward to the east. Riverton Creek is approximately 400 feet east of the site. Erosion control measures will be required to prevent sediment from leaving the area of demolition. • Air Dust and exhaust emissions will be generated during construction, with watering as necessary to control dust. • Water There is an existing storm water collection system which will not be altered. 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 0 Phone: 206 - 431 -3670 0 Fax: 206 - 431 -3665 E2000 -031 • Demolition of Non -Stop Restaurant December 20, 2000 Page 2 Plants The site has no existing landscaping. Environmental Health Noise generated by construction equipment will occur on a short-term basis. The hours of construction will comply with the City's noise ordinance. Compliance with Puget Sound Air Pollution Control Agency regulations will be required. Land /Shoreline Use The project is located in the Commercial /Light Industrial zone (C /LI). Properties to the north are zoned C /LI and Manufacturing Industrial Center — Light (MIC /L). Properties to the south and east are zoned Low Density Residential (LDR). Historic and Cultural Preservation No known places or landmarks. Transportation The project will be accessed from Tukwila International Boulevard. Metro bus service is available along this street. No significant traffic impacts are expected during the proposed temporary use of the site. Public Services No significant increase in public services is expected. • Utilities Electricity, natural gas, water, sewer, garbage and telephone service are currently • available at the site. Recommendation: Determination of Non - Significance. • City of Tukwila • Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF APPLICATION DATED DECEMBER 4, 2000 The following application has been submitted to the City of Tukwila Department of Community Development for review and decision. APPLICANT: Sabey Corporation LOCATION: 12606 Tukwila International Blvd., Tukwila FILE NUMBERS: E2000 -031 (SEPA Determination) PROPOSAL: Demolition of existing building to provide a temporary site for construction - related parking, storage and staging. OTHER REQUIRED PERMITS: Demolition Permit, City of Tukwila Hauling Permit, City of Tukwila Land Altering Permit, City of Tukwila (if required) These files can be reviewed at the Department of Community Development, 6300 Southcenter Blvd., #100, Tukwila, WA. Please call (206) 431 -3670 to ensure that the file(s) will be available. OPPORTUNITY FOR PUBLIC COMMENT You can submit comments on this application. You must submit your comments in writing to the Department of Community Development by 5:00 p.m. on December 18, 2000. If you have questions about this proposal contact Deborah Ritter, the Planner in charge of this file at (206) 431 -3663. Anyone who submits written comments will become parties of record and will be notified of any decision on this project. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 State of Washington County of King City of Tukwila CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan(a7ci.tukwila.wa.us AFFIDAVIT OF INSTALLATION AND POSTING OF PUBLIC INFORMATION SIGN(S) RECEOVED DEC 0 4 2000 DEVELOPMENT I I4.4r .ed (PRINT NAME) understand that Section 18.104.110 of the Tukwila Municipal Code requires me to post the property no later than fourteen (14) days following the issuance of the Notice of Completeness. I certify that on 1 Z" H - O (3 the Public Notice Board(s) in accordance with Section 18.104.110 anq the other applicable guidelines were posted on the property located at (Z(o Q(Q Tikk 116 1nt' ` g\V cQ so as to be learl seen from each right-of-way primary vehicular access to the property for application file number QUO " 0S). I herewith authorize the City of Tukwila or its representative to remove and immediately dispose of the sign at the property owner's expense, if not removed in a timely manner or within fourteen (14) day of a Notice letter. Ap•: is nt or 'roject Manager's Signature On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN to before me this 15;4- day of D v t4...- r° • J // VA Z., ,Z, .!> NOTARY PUBLIC in and for the State of Washington UlAint 1-A6 residing at My commission expires on 5-11 -0L\ NOV -28 -2000 16:19 FROM:SAEEY CONSTRUCTION 206835971 '∎ x1.6 =d 608 =391M PCI 1� .l A3ERISCOI TO:425 629 6903 P.010'010 02E0 41620161 w1d$0 :2t 00@2-02 -noN C17'1' OF 77ISWILA DisposstrolalCosimusdD' Deritsposot 6300Sas:1c errBosdt,w lbrLrila WA Ail1NI Tedsp h a n r: ago 131 -3670 FAX 006) .314661 &Math X 1 3e'a. b AFFIDAVIT OF INSTALLATION AND POSTING OF PUBLIC INFORMATION SIGN(S) RECEIVED DEC 0 4 2000 DEVELOPMENT Stine of Washington Como (fling Op of ruby& /Tea r CA )4 /141) (PRIM NAME) und+emtand that Section 18.104110 of the Tidcwi]a Municipal Code requires me to pad the property no later than fourteen (14) days following the issuance of the Nodce of Compbmmaa. I certify that on J6.2 " / O © the Public Notice Board(s) is scandium with Si aco 111.104.110 and rho other malleable guidelines was 1 � • ' , .-, �'P 1.. Posted on the property located at 1 ` u' as to dearly sem from eats right-of-way primary vehicular access too the property for application file numbs 0 00 03i . 1 haewhh authorize' the City of Tukwila of its represetomive to remove and immediately dispa a of the sign at the property owner's expanse. if not removed in a timely manner or within fourteen (14) days efts Notice lemur. /% t or Project Manager's Signature On dun day personally' before me / / t- /U%/ C, -�l e$yy2 (� to rru imown to be the individual who executed the foregoing instrument and adinowledged that behtteustned the same as his/her vohmtary as and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN to before me .`ittttlllll // / psv.•..SSion F� •F�'% o NOTARY H :: ',FOp WAS0 �. eLtt �J1f1t4411�� i 4-2tt My commission expires on ataPPIWISIGKRIOMPPCLOC • • • • City of Tukwila • Steven M Mullet, Mayor Department of Community Development Steve Lancaster, Director November 28, 2000 Haynes Lund Sabey Corporation 12201 Tukwila International Blvd., 4th Floor Seattle, Washington 98168 -5121 Re: SEPA Determination (E2000 -031) 12606 Tukwila International Blvd. Dear Haynes: Your application for a SEPA Determination on the above - referenced project has been found to be complete as of November 28, 2000 for the purposes of meeting state mandated time requirements. Essentially, this means that you supplied the required items listed on the application checklist for this type of permit. The next step is for you to install a notice board on the site (at a location that will allow people to safely access the information). This board must be installed within 14 days of the date of this letter (on or before December 12, 2000). Please let me know the date that the board will be installed so I can coordinate the mailing of the Notice of Application. After the board has been installed I will provide you with a laminated copy of the Notice of Application to post on the notice board. After installing the Notice on the board, please retum the executed and notarized Affidavit of Posting to me (also enclosed). We are about to commence our technical review process, which is the next phase in the processing of your application for a SEPA Determination. Although your application has been found to be "complete ", the items you supplied may have to be revised or amended. The City may also require that you submit additional plans and information to ensure the project meets the substantive requirements of the City and to finalize the review process. If you have any questions, please contact me at 206 -431 -3663. Sincerely, 24eAe Deborah Ritter Associate Planner Enclosure cc: Mike Alderson, Assistant Fire Chief Mike Cusick, Associate Engineer, Public Works 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 20000918000890 ,0 20/00 10:08 FAX 206 628 3947 LANDAMERICA TRANSNATION [21002 /005 WHEN RECORDED RETURN TO Sabey Corporation Attn Jim Harmon 12201 Tukwila International Blvd, 4th Floor Seattle, WA 98168 -5261 2 %000 E1776665 taec aslifyis CITYof TUKWiva NOV 2 7 2000 PER CENTER OR 002 - ' q ,fy Q STATUTORY WARRANTY DEED '7/// Reference No 00181113 Grantor(s) Luella Donbrowski, Successor Trustee Grantee(s) International Gateway East III LLC, a Washington limited Liability company Legal Description (abbreviated) Lots B. C and D of BLA No 89 -6-BLA Recorded No 8908 1 61260 Assessor's Tax Parcel No 734060- 0602.03, 734560- 0885 -06 and 734060 -0581 -08 THE GRANTOR LUELLA DONBROWSKI, Successor Trustee of the Irrevocable Living Trust Agreement of Max S. Werran and Cordelia B. Werran dated July 26, 1983, having acquired title as Stanley Werran, as Trustee, for and in consideration of ors Ten Dollars and other valuable consideration, the receipt and sufficiency of which is o hereby acknowledged, m hand paid, conveys and warrants to International Gateway East o III LLC, a Washington limited liability company, as Grantee, the following described CID real estate situate in the County of King, State of Washington m See Exhibit "A" attached hereto and made a part hereof by reference herein R. 3 ca See Exhibit •'B" attached hereto and made a part hereof by reference herein for subject to information Dated this /5/#' day of September, 2000 FILED FOR RECORD AT THE REOUEST OF TRANSNATION TITLL INSURANCE CO Luella Donbrowski, Successor Trustee of the Irrevocable Living Trust Agreement of Max S Werran and Cordelta B Werran dated July 26, 1983 By Luella Donbrowski Successor Trustee 09/20/00 10:08 FAX 206 628 3947 fit LANDAMER I CA TRANSNAT I ON STATE OF-7-- 7 Y L YLl,O2t ss COUNTY OF Cam/ L�Ji/>1/aJ On this S---day of September, 2000 before me, the undersigned officer, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared Luella Donbrowski who acknowledged herself to be the Successor Trustee of the Irrevocable Living Trust Agreement of Max S Werran and Cordelta B Werran, dated July 26. 1983, the person that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Trust, for the uses and purposes therein mentioned, and on oath stated that she, as such successor trustee, being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of the Trust by herself as said successor trustee ,gtrc ye KATHERINE 1. WESER r NOTARY PUBLIC - MINNESOTA y�+1J My Commisslon Expires Jain 31, 2005 Not Public in and for the State of Q -is-no Print or stamp name of Notary Residing at M i nne So it1 My commission expires O l - /— Q5 VI 003/005 09/20/00 10:09 FAX 206 628 3947 LANDAMERICA TRANSNATION 2004/005 Exhibit "A" to Statutory Warranty Deed Legal Description PARCEL A LOTS 4 AND 5 IN BLOCK 12 OF RIVERTON ADDITION, AS PER PLAT RECORDED IN VOLUME 13 OF PLATS, PAGE 36, RECORDS OF KING COUNTY, TOGETHER WITH THAT PORTION OF TRACT 39 OF RIVERSIDE INTERURBAN TRACTS LYING EASTERLY OF PACIFIC HIGHWAY SOUTH TOGETHER WITH THE ENTIRE 40 FOOT WIDTH OF VACATED SOUTH 126TH STREET ADJACENT AND CONTIGUOUS THERETO, (ALSO BEING KNOWN AS LOT B OF BOUNDARLY INE ADJUSTMENT NO 89- 6-BLA RECORDED UNDER KING COUNTY RECORDING NO 8908161260), SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON PARCEL B LOTS 1, 2 AND 3 IN BLOCK 12 OF RIVERTON ADDITION, AS PER PLAT RECORDED IN VOLUME 13 OF PLATS, PAGE 36, RECORDS OF KING COUNTY, TOGETHER WITH THE ENTIRE 40 FOOT WIDTH OF VACATED SOUTH 126TH STREET ADJACENT AND CONTIGUOUS THERETO, (ALSO BEING KNOWN AS LOT C OF BOUNDARLY LINE ADJUSTMENT NO 89- 6 -BLA RECORDED UNDER KING COUNTY RECORDING NO 8908 1 61 260), SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL C THAT PORTION OF TRACT 38 OF RIVERSIDE INTERURBAN TRACTS AND THAT PORTION OF THE SOUTHEAST' /, OF THE SOUTHEAST'/, OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 4 EAST W M , LYING EASTERLY OF PACIFIC HIGHWAY SOUTH AND SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF TRACT 38 OF RIVERSIDE INTERURBAN TRACTS WITH THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH, THENCE NORTH 12° 23' 12" WEST ALONG SAID EASTERLY LINE 203 50 FEET TO THE TRUE POINT OF BEGINNING, THENCE PARRALLEL WITH THE SOUTH LINE OF BLOCK 5 OF RIVERTON, SOUTH 89°21'12" EAST TO THE WEST LINE OF SAID BLOCK 5 AND THE TERMINUS OF SAID LINE, AND EXCLUDING ANY PORTION OF VACATED SOUTH 126TH STREET, (ALSO BEING KNOWN AS LOT D OF BOUNDARY LINE ADJUSTMENT NO 89- 6 -BLA RECORDED UNDER KING COUNTY RECORDED NO 8908161260), SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON 09/20/00 10:09 FAX 206 628 3947 LANDAMERICA TRANSNATION 005 /005 Exhibit `B" to Statutory Warranty Deed 1 EASEMENT AND THE TERMS AND CONDITIONS THEREOF, GRANTEE Seattle Gas Company PURPOSE Gas distribution main AREA AFFECTED Westerly portion as described therein RECORDING NO 3022125 2 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE Washington Natural Gas Company PURPOSE Existing gas pipelines and services AREA AFFECTED Vacated South 126th Street RECORDING NO 8103230520 3 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE City of Seattle, a municipal corporation PURPOSE Electric overhead and underground distribution line facilities, at depths not exceeding 21 feet AREA AFFECTED Portions of Parcels A and B as described therein RECORDING NO 8111060294 4 RELINQUISHMENT OF ALL EASEMENTS existing, future or potential, for access, light, view and atr, and all rights of ingress, egress and regress to, from and between the land and the highway or highways to be constructed on land conveyed by deed TO State of Washington DATED October 30, 1959 RECORDED December 14, 1959 RECORDING NO 5112409 5 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED January 15, 1965 RECORDING NO 5833297 REGARDING Sewer Construction (Covers Parcel A) 6 FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF SECURED PARTY Washington Natural Gas Company DEBTOR Non -Stop, Inc , DBA Non -Stop Bar & Grill COVERS Personal property and fixtures located on property herein described RECORDED July 28, 1993 RECORDING NO 9307281190 A continuation statement has been filed Recorded June 23, 1998 Recording No 9806231656 7 MATTERS DISCLOSED ON UNRECORDED SURVEY BY DAVID EVANS & ASSOCIATES DATED JUNE 2000, Job No DAI I SAL I DWG, AS FOLLOWS A) Possible encroachment of Power Pole/Guy Anchor onto subject property at the Northwest corner of Parcel C, B) Possible encroachment of retaining wall and asphalt parking area from subject property onto property adjoining on the South (Parcel B) Title Commitment prepared for Jim Harmon Sabey Corporation The Stanley Werran Trust American Warehouse Company, Inc. Seattle — King County, WA Order No. 0018 -1113 CITY OF TU�LA NOV 2 7 2000 PERMIT CENTER LANDAMERICA NATIONAL COMMERCIAL SERVICES 1200 Sixth Avenue, Suite 1910 • Seattle, WA 98101 Telephone: 206.628.2822 • Fax: 206.628.0631 • www.landam.com The LandAmerica Family of Title Insurance Underwriters: Commonwealth Land Title Insurance Company Lawyers Title Insurance Corporation Transnation Title Insurance Company ISSUED BY TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Transnation A LANDAMERICA COMPANY Transnation Title Insurance Company, an Arizona Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the exceptions and conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule B exceptions, and the conditions and stipulations of the policy or policies requested. (See reverse side of this cover and inside of back cover for printed Exclusions from Coverage and Schedule B exceptions contained in various policy forms.) This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsements and is subject to the Conditions and Stipulations on the back of this cover. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Commitment - WA Cover Form 1004 -250 (3 -93) SEPL 16, Iva ORIGINAL TRANSNATION TITLE INSURANCE COMPANY By: Attest: 66,4- �( Secretary COMMITMENT CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such know- ledge. If the proposed insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pur- suant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith, (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. SCHEDULE OF EXCLUSIONS FROM COVERAGE The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay Toss or damage, costs, attorneys' fees or expenses which arise by reason thereof: AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10- 17 -92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10- 17 -92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a 4. separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or 5. encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, 6. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 7. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in public records at Date of Policy, but known to the insured clai and not disclosed in v ting to the Company by the insured clai. prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. • • • - 'TRANSNATION TITLE INSURANCE COMPANY 14450 N.E. 29TH PLACE BELLEVUE, WA 98007 Prepared for: LANDAMERICA NATIONAL COMMERCIA 1200 6TH AVE., STE. 1910 SEATTLE, WA 98101 Attn: TERI FLAGGARD Transnation No. Customer Reference: Escrow No. Seller Buy- :orr. , er By For (4 J 869684 181113 Werran Trust Int. Gateway or JA (FAX #(425 SCHEDULE A EFFECTIVE DATE: June 19, 2000 at 8:00 A.M. 1. Policy or policies to be issued: Amount ALTA Owner's Policy Extended Policy Proposed Insured: INTERNATIONAL GATEWAY EAST III $785,000.00 on t is or.er ca 89/1- 800 - 441 -7701 S, MARK S. NIKLASON GH 646 -8593) Premium Tax Premium Tax Total $2,205.00 $ 189.63 $ 662.00 $ 56.93 $3,113.56 2. Title to fee simple estate or interest in said land is at the effective date hereof vested in: STANLEY WERRAN, AS TRUSTEE 3. The land referred to in this commitment is described as follows: See "LEGAL DESCRIPTION:" Order No. 869684 LEGAL DESCRIPTION: PARCEL A: LOTS 4 AND 5 IN BLOCK 12 OF RIVERTON.ADDITION, AS PER PLAT RECORDED IN VOLUME 13 OF PLATS, PAGE 36, RECORDS OF KING COUNTY, TOGETHER WITH THAT PORTION OF TRACT 39 OF RIVERSIDE INTERURBAN TRACTS LYING EASTERLY OF PACIFIC HIGHWAY SOUTH TOGETHER WITH THE ENTIRE 40. FOOT WIDTH OF VACATED SOUTH 126TH STREET ADJACENT AND CONTIGUOUS THERETO; (ALSO BEING KNOWN AS LOT B OF BOUNDARY LINE ADJUSTMENT NO. 89 -6 -BLA RECORDED UNDER KING COUNTY.RECORDING NO. 8908161260); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: LOTS 1, 2 AND 3 IN BLOCK 12 OF RIVERTON ADDITION, AS PER PLAT RECORDED IN VOLUME 13 OF PLATS, PAGE 36, RECORDS OF KING COUNTY, TOGETHER WITH THE ENTIRE 40 FOOT WIDTH OF VACATED SOUTH .126TH STREET ADJACENT AND CONTIGUOUS THERETO; (ALSO BEING KNOWN AS LOT C OF BOUNDARY LINE ADJUSTMENT NO. 89 -6 -BLA RECORDED UNDER KING COUNTY RECORDING NO. 8908161260); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: THAT PORTION OF TRACT 38 OF RIVERSIDE INTERURBAN TRACTS AND THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING EASTERLY OF PACIFIC HIGHWAY SOUTH AND SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE Ii4TERSECTION OF THE SOUTH LINE OF TRACT 38 OF RIVERSIDE INTERURBAN TRACTS WITH THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH; THENCE NORTH 12 °23'12" WEST ALONG SAID EASTERLY LINE 203.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE SOUTH LINE OF BLOCK 5 OF RIVERTON, SOUTH 89 °21'12" EAST TO THE WEST LINE OF SAID BLOCK 5 AND THE TERMINUS OF SAID LINE, AND EXCLUDING ANY PORTION OF VACATED SOUTH 126TH FEET; (ALSO BEING KNOWN AS LOT D OF BOUNDARY LINE ADJUSTMENT NO. 89 -6 -BLA RECORDED UNDER KING COUNTY RECORDING NO. 8908161260); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Page 2 • • Order No. 869684 SCHEDULE B REQUIREMENTS. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. EXCEPTIONS. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse, claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Standard exceptions set forth in inside of back cover. C. Special exceptions: 1. Real Estate Excise Tax pursuant to the authority of RCW Chapter 82.45 and subsequent amendments thereto. As of the date herein, the tax rate for said property is .0178. 2. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 734060 - 0602 -03 2000 $5,326.10 $2,663.05 $2,663.05 Total amount due, not including interest and penalty: Levy Code: 2422 Assessed Value Land: $137,300.00 Assessed Value Improvements: $214,500.00 (Covers Parcel A) Page 3 $2,663.05 • • Order No. 869684 3. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: • (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid 734560- 0885 -06 2000 $1,030.25 $515.13 Total amount due, not including interest and penalty: Levy Code: 2413 Assessed.. Value Land: $68,000.00 Assessed Value Improvements: $0.00 (Covers Parcel B) 4. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Balance $515.12 $515.12 Tax Account No. Year Billed Paid 734060 - 0581 -08 2000 $987.77 $493.89 Total amount due, not including interest and penalty: Levy Code: 2422 Assessed Value Land: $65,200.00 Assessed Value Improvements: $0.00 (Covers Parcel C) 5. ANY UNPAID ASSESSMENT OR CHARGES, AND LIABILITY FOR FURTHER ASSESSMENTS OR CHARGES BY Val Vue Sewer District. Balance $493.88 $493.88 6. ANY UNPAID ASSESSMENT OR CHARGES, AND LIABILITY FOR FURTHER ASSESSMENTS OR CH'kRGES BY Rainier Vista Sewer District. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: (Covers Parcel A) Seattle Gas Company Gas distribution main Westerly portion as described therein 3022125 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDING NO.: Ingress and egress The description contained therein is not sufficient to determine its exact location within the property herein described 7710280731 Page 4 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.:. Order No. 869684 Washington Natural Gas Company Existing gas pipelines and services Vacated South 126th Street 8103230520 10. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: City of Seattle, a municipal corporation Electric overhead and underground distribution line facilities, at depths not exceeding 21 feet Portions of Parcels A and B as described therein 8111060294 11. RELINQUISHMENT OF ALL EASEMENTS existing, future or potential, for access, light, view and air, and all rights of ingress, egress and regress to, from and between the land and the highway or highways to be constructed on land conveyed by deed. To: Dated: Recorded: Recording No.: State of Washington October 30, 1959 December 14, 1959 5112409 12. The effect on the title and the description of the land due to the location of "Pacific Avenue S. (State Highway No. 1)" contained in the legal description in Schedule A. 13. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, OR OTHER SERVITUDES, if any, disclosed by Boundary Line Adjustment No. 89 -6 -BLA recorded under King County Recording No. 8908161260. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENTiS) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 14. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED:• - RECORDING NO.: REGARDING: (Covers Parcel A) January 15, 1965 5833297 Sewer Connection 15. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: (Covers Parcels A and C) March 10, 1994 9403101162 Developer's. Agreement Page 5 16. LEASE AND THE TERMS AND CONDITIONS THEREOF: LESSOR: LESSEE: Order No. 869684 The Werran Family Trust, Lu Ella Donbroski, Trustee Non -Stop, Inc., a Washington corporation, Ron D. Stanger and Sherry L. Stanger, husband and wife and their marital community and Michael A. Stephens, a single man FOR A TERM OF: 5 years with option to renew DATED: August 19, 1992 RECORDED: October 15, 1992 RECORDING NO.: 9210151551 (Covers Parcel A and other property) 17. FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: SECURED PARTY: DEBTOR: COVERS: RECORDED: RECORDING NO.: (Covers Parcel A) Washington Natural Gas Company Non -Stop, Inc., DBA Non -Stop Bar & Grill Personal property and fixtures located on property herein described July 28, 1993 9307281190 A continuation statement has been filed. Recorded: June 23, 1998 Recording No.: 9806231656 18. LIEN-claimed by Val Vue Sewer District. Against: For: Amount: Recorded: Recording No.: Cordella Werren Sewer service $4,453.07 May 30, 2000 20000530001746 19. Unrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon the land; and rights of tenants to remove trade fixtures at the expiration of the term. 20. TERMS AND CONDITIONS of the Trust under which title is claimed. A copy of the trust and amendments, if any, must be submitted for our review. Any proposed transaction must comply with the conditions provided for in RCW 11.100.140 and /or RCW 11.110.020. 21. ANY SERVICE, INSTALLATION, CONNECTION, MAINTENANCE OR CONSTRUCTION CHARGES FOR SEWER, WATER, ELECTRICITY, OR GARBAGE COLLECTION OR DISPOSAL, OR OTHER UTILITIES UNLESS DISCLOSED AS AN EXISTING LIEN BY THE PUBLIC RECORDS. Page 6 • • Order No. 869684 22. Matters.relating to questions of survey, rights of parties in possession, and unrecorded liens for labor or material. An ALTA "as- built" survey must be furnished to this Company which shows the location of all improvements and reveals all encroachments, driveways and easements which encumber the property. We will review the survey and make an inspection of the premises, and will report the results of both the review and the inspection by supplemental report. NOTE 1: According to the application for title insurance, the proposed insured(s) is /are International Gateway East III. We find no pertinent matters of record against the name(s) of said party (ies) . NOTE 2: There may be Uniform Commercial Code (UCC) Security interests filed with the Department of Licensing in Olympia affecting personal property, crops or agricultural facilities which are not covered by the policy to issue. NOTE 3: Under the policy to be issued, liability will be apportioned to each parcel according the sales price assigned to each. The Company should be provided with written confirmation of the price paid for each. END OF EXCEPTIONS Investigation should be made to determine if there are any service, installation, maintenance or construction charges for sewer, water, or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. CC /erl ENCLOSURES: Sketch Vesting deed All recorded encumbrances Page 7 I• 1: . I 7 ` 1 -T T • VAC.. OV. peril 881OZO049cO 200 100 0 zee 36 V.►•• 1 L.0 N • 1. 70 1RO 1 • S. nA° I25TH- YST.. leRtM YY JAI • 1.i/Il/OL 12.• 54 2.eo d ▪ u .0 • N 13 14 w r ti-.t T. Qa „•1 '7. 12 4 •8 L•7 11 • I ,/ c O •• 4. i 1 k9 4• \try: s' ��` '. r • 0---7 cY. " Wit_• �. co 4 4a, 4* 4.0 0 L. 0 es 0 ^��0DO,51, 6930 0 /7 34 . .3 sc —I 26TH. s0 2 .•I. • roe sc V. • 13 IV • cP4 100 ° -e • 7. . wLOI.R 37. • ST. e .AC Jr SBII -39E 400 Nei?. SG we i zs.sa o*. .r4. re J2 ssr -09F b1 ." 2 • • • zi . ° LI 7- 8 n. sc S+4ewn by pio><s� til This sketch is provided; ,without charge, for; your information. It is not intended to show all matters related to the p perty including, It not limited to, area, dimensions, easements, en- croachments, or locationtwf boundaries. It is=Aot a part of, nor does it modify, the commitment or policy to which it is attached. The Company assumes NO LIABILITY for any matter related to this sketch. References should be made to an accurate survey for further information. CLTAANDARD COVERAGE LOAN POLICY411110 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use; or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10- 17 -92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10- 17 -92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer, or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. SCHEDULE B STANDARD EXCEPTIONS SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY - STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY 1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or riot shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for labor, material, services or equipment, or for contributions to employee benefit plans, or liens under workmen's compensation acts, not disclosed by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 7. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 8. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY - EXTENDED COVERAGE 1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Underground easements, servitudes or installations which are not disclosed by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 5. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. B 1004 -250 NORTHWEST REGION 1010 South 336th Street, Suite 215 Federal Way, Washington 98003 (253) 838-1054 • AGENCY OPERATIONS 320 108th Avenue N.E., Suite 651 Bellevue, Washington 98004 (425) 452 -5353 TITLE AGENTS Washington Benton • Clallam • Cowlitz • Franklin Island • Jefferson • King • Lewis Pacific • Skagit • Whatcom • Yakima Oregon Benton • Curry • Jackson Klamath • Lane • Linn • Marion Polk • Umpqua • Yamhill COMMITMENT FOR TITLE INSURANCE ISSUED BY TRANSNATION TITLE INSURANCE COMPANY Transnation A LANDAMERICA COMPANY HOME OFFICE: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 2323 5 -51 53 NORTHWEST REGION Washington • Chelan- Douglas Counties 700 N. Mission Street, Wenatchee, WA 98807 (509) 662-4721 • Clark County 501 S.E. Columbia Shores Boulevard Suite 500, Vancouver, WA 98661 (206) 695-1301 • King County 1200 Sixth Avenue, Suite 100 Park Place Building Seattle, WA 98101 (206) 628 -4650 • Kitsap County 9619 Levin Road N.W., Silverdale, WA 98383 (360) 692 -4556 • Okanogan County 700 Okoma Drive, Suite B, Omak, WA 98841 (509) 422 -3490 • Pierce County 6111 100th Street S.W. Lakewood, WA 98499 (206) 589 -1488 • Snohomish County 2939 Colby Avenue, Everett, WA 98201 (206) 252 -1156 • Spokane County North 720 Argonne Road, Spokane, WA 99212 (509) 922 -2222 • Thurston County 2625 Martin Way, Olympia, WA 98506 (206) 943 -4150 Oregon Multnomah • Clackamus • Washington Counties 2200 U.S. Bancorp Tower 111 S.W. Fifth Avenue Portland, OR 97204 (503) 222 -9931 Filed for Record at Res NAME JOSEPH A. tCSCHE':."O, INC., F.S. T • c:: ADUMtSS �• 2' � Cc •• t .c •. •.r CITYANDSTATE Seattle, WA 9111(17 QUIT CLAIM DEED J THEGRANTOR MAX S. WERRAN and CORDELIA B. WERRAN, husband i win as trustor in that Irrevo' ablefLiving Trust Agreement dated July 2(, , 19a 83 f cp rrevoca ,life TrustatjAg°reemeht °destetdhJu�yc �� sbetweentAoax sS. werrranlencoraelia Wer}}''an, her band s wife as trustor t Stanley Werran as Trustee COr1Y17f ano quit Game to . STANLEY WERRAN as Trustee ' tfu following described real estate. situated in the County of KING State of Washington, including any after acquired title: 9307280847 Dated Legal description of Lhe Kcal esLatc is more particuiarty set forth in Exhibit *Ae attached hereto and incorporated herein. 19 83 MAX S. CORD Trustor y,. rh STATE OF WASHINGTON COUNTY OF 83/07/28 RECD F t.,.H7M�L •0847 D , 4.00 ++ **4.00 22 By irresitios R. (Secretary) C,.. u w, t+�r►w.wi� et..w... ireiple nn1� MAX S. WEP.RAN & CORDELIA 8. WERRAN, husband i wife to me known to be the individual described in end who e xecuted the within and foregoing instrurnent, and acknowl• W SW! that they their signed the_sante es free end voluntary act and deed, :or the use. and outpost.' thereon mentioned. GjyEN under my ha F13La der of nd $Iciest seal this 1Q'$t_ a 4rlgts — orit pW artlg • Qr C. • •'1• ••■•• TATE OF WASHINGTON CO <TY OF VII Yin f• Der and to ma kn and oar or ed. a Notary Public in and iuioned and sworn, Presodent ovely, of the corporation th acknowledged the tart' act and deed of the foregoing mslru nt to be the free ion. foe the uses pout tMrem mentooneo,\end on o n stated that .\ auihurn to ea.cuta the u, nl, and volun• instrument and that the test tinted is • corporate seal of said cOrpotatlon. • Witness my hand and olhoat seal he to allot the day anti year first above wrnnen. Notary Public nn and for the Stale of Was Jnnq 29 30 31 8. Lots 1, 2 and 3, Block 1::, 'Riverton', a replat of Riverside Interurban Tracts, according to the plat recorded in Volume 13 of Plats, Page 36, in King County, Washington. Being tax account no. 734560- 0885 -06, i.6so97.1.40 C9 8307280849 Filed foe Recoeo at Request NAME JOSEPH A. MOSCHEITO, INC.. P.S. • Anharcc 1422 Seattle Tower CITY Al'ID STATE Seattle, WA 98101 , QUIT CLAIM DEED • IIINC, COUNTY P10 iXCtcs Late M JUL 2 8 F707 331. THEGRANTOR MAX WERRAN and CORDELIA WERRAN, husband & wife as trustor in that Irrevocable Living Trust Agreement dated July o. ‘ , 1983 for and in consideration of anenntthgu�nce,of 1� Irrevoc �l a Trust Agreement dated berowenden itmio.csS6 nwe°rranilneo°rdEf elia B. Weroa,e pidnelowife as trustor & Stanley Werran as Trustee STANLEY Wrooa.l as Trustee the following described real estate. situated in the County of RING Strata of Washir.joicel. ...Jutiiry any after acquired title: 5307280849 Dated Legal description of the real estate is more particularly . 1f�CDAY set forth in Exhibit "A" attached h. -eto and incorporated ' herein. L.-E tg 83 MAX ";' 'T • p seal ✓]1 {/ lf,S • C•DREt4L1Vi+2S . w IZRAN p 493 re, Trus for By 83/07'28 RECD F CRSSHSL V! .. :....,. 1• 11%;., COUNTY *0249 B 4.00 * ** *4.00 22 ire ISecreunl STATE OF WASHINGTON t Oi.ii: •t Vr t .t On this day personally appeared Defoe. me MAX S. WERRAN t; CORDELIA B. WERRAN, husband & wife to me known to be the individual desaibed in and who exeut.d the within and foregoing instrument, and acknow:. edged that they signed the fame as their free and vcluntary act at..: deed. for the uses and purposes therein mentioned. GI under f nd a fficial seal this 1, der of 1g 1 � ash'. on, residing .a•s t�. •� - • \TATE OF WASHINGTON C 'NIYLI- On thi ore me, the undersi of Washington, dul and Sta ally at. day of .d. a Notary Public in and mitsion.d and sworn, and to me lino and Pmident ively, of the corporation th acknowledged the Lary act and deed of Woes therein mentioned. 'smut instru the foregoing instru rat, and t0 tie the free a volun- •rf rn•� ..tion. for the • »y e n d that t0 ••.cute the sa owl on author. Mixed is instrument and that the seal . said corporation. Witness my hand and official teal ne year first above written. e corporate seal of to affix .h: ..ay and Notary Public i•t and for the State of ▪ irrgton, r ding st c • . —_ Jnm: .ui b /•l7 /8S 8307280849 83 -37 2 1 3 5 6 7I d�9 EXHIBIT `A' . That portion of the west 100.00 feet of Tract 39, Riverside Interurban Tracts, according to plat thereof recorded in Volume 10 cf Plats, r -4:: 74, racoiur, of said county, lying east of State Road No. 1, EXCEPT the north 45 feet thereof; AND Lots 4 and 5, Block 12, *Riverton", a Replat of Part of Riverside Interurban Tracts, according to plat thereof recorded in Volume 13 of Plats, page 36, records of said county, EXCEPT the north 45.00'feet of said Lot 5, situate in King Count Waahingtor•. SUBJECT to all easements, restrictions, and reservations of recerd, if Being 'tax account no. 734060- 0602 -03 Filed for Record n Request of • NAME JOSEPH A. MOSCHE ITO, INC., P.S. ADDP.ESS 1422 Seattle Tower CITY AND STATE Seattle, WA 9E101 QUIT CLAIM DEED • SUNG Con, k3 Ex 1 JUL 281 F:07;33312 THE GRANTOR MAX S. WERRAN and CORDELIA B. NERRAN, husband i wife as trustor in that Irrevocable Living Trust Agreement dated July &. , 1983f crevocaa a rusration of Win furtdheran, f ig 1SegieentA ssi Bireortielia W=sr�itils ub,,i*u i r,i iowife as trustor i Stanley Werran as Trustee STANLEY WERRAN as Trustee • the fallowing described real estate. situated in the County of KING • State of Washington. including any after acquired title: Legal description of the real estate is more particularly set forth in Exhibit 'A' attached hereto and incorporated herein. Trustor 83/07'28 RECD F CfHSL 1. 2 3 4 5 s r 8 c•I 2 9 10 co 11 2 12 13 // 9. Parcel At All of LcAs 4 and 5, Block 12, Riverton a replwt • o R verside Interurban Tray::, according to Plat recorded in Volume 13 of Plats, page 36, in King County, Washington; AND That portion of the west 100.0 feet of Tract 39 of River - side.Interurban Tracts, according to Plat recorded in Volume .•0 of Plats, page 74, lying east of State Highway No. 1. Parcel B: That portion of the northwest quarter of the south- east quarter of Section 8, Township 23 North, Range 4 E.W.M., in King County, Washington described as follows: Beginning at the South quarter corner of said section and running thence north 89.17'37' east along the south line of said section, 651.34 feet to the southwest corner of the east halt of the west half of the southwest quarter of swid Section 8; thence north 0 +03'41' wa6L, along the west line of said east half of the west half of the southeast quarter, 2091.22 feet to the true point of beginning of the tract of land hwrein described: thence continuing north 0'03'41' west 100 feet; thence south 89•28'19- east 325.36 feet; thence south 0'05'11' east 100 feet: thence north 89.28'19' west 325.41 feet to the true point of beginning. EXCEPT the west 30 fcct Lhoreof. (Also known as Lots 46 and 47 in Block 5 of Stimson Park Division No. 2, an unrecorded plat.) Being tax account no. 801920- 0235 -05. 8310111021 9/30/83 '63 -37 F ilea for .kecorr Recltiest of Name JOSEPH A. MOSCHETTO, INC., P.S. Address 1422 Seattle Tower City and State Seattle, WA 98101 • TIIIS RESERVED 9t ER'S USE: Q L- At - Y • c•, s� F•nR • QUIT CLAI14 DEED THE GRANTOR MAX S. WERRAN & CORDELIA B. WERRAN, husband & trustor in thqat Irrevocable Living Trust Agreement dated July 26, 19 for and in consi.'4ration of in furtherance of teimsSS, conditions w rant n »s n�n u4 sgsla enstd8rt�d t(aniey;wrran a Max usteeerran & C s r S e>;ran as r4 STANLEY WERRAN as Trustee the following described real estate, situated in the County of ''4 State of Washington, together with all after acquired title of ti theLuin: wife as 83 • s provisions Coidclia B. KING the grantor (s) (a Legal description of the real .stare is set forth in Exhibit " *,' and attached hereto D:. this '12, .. T..TZ: or ::ASIi I::GTG;., ss. COUNTY OF KING R :v4 E. r1rl day of October , 198a. L() L1', 4X- S. WERIiAN, Tpµsto CORDELIA D. NERRAN, his wife, Trustor On this day pers;,ra11y am :eare 1. MAX S. •WERRAN & CORDELIA B. WERRAN, nis wife ��. :••c nlwwu LU u� 11,. .uuivitlaai ti�ncl ll�eti ..R anu who exectitt_u the wl tnln and foregoing lr,strwnunt, anu acknowledged that they signed the same au their tree and voluntary act and deed, for the uses and purposes therein mentioned. u. EN 1.ni 3 . u11U• :. .••r :,oily u11U V1 L 16:.u• .•..Lrl N �r1_ 1) • NOTARY 1'iAJLIC 111 and .L L Clle oI i'asningtun, 1'Cs1Utng at 8307280848 SAFECO Filed for Record at RequS NAME JOSEPH A. MOSCHE'B'O, INC., P.S. ADDRESS 1422 Seattle Tower CITY AND STATE Seattle, WA 98101 QUIT CLAIM DEED • %HIS SPA( :PVEO FOA RECORDER'S USE • KING COlw7r Nri Mat TAX 1 JUL 28 E0733317 THEGRANTOR MAX WERRAN and CORDELIA WERRAN, husband in thr.t Irrevocable Living Trust Agreement dated July rrevocat`fe ''ru �'t`i�gregclBnEndi ecih5Juiycgf 1�1 be wegntAgieSt Weraatt ps mignAv +ife as truster t Stanley Werran a. cc STANLEY WERRAN as.Trustee GO t- the lullowing described real estate. situated in the County of S..te of Washington. includjn g any after acquired title: KING Legal description of the real estate is mere set forth in Exhibit "A" attached hereto and OD herein. t wi s trusto) e, 1983Ef r visionsoodelil an Trustee parts.. "t'r y incorporated 83/07/28 RECD F CRSHSL 60848 E 4.00 * *.P*4. 00 22 By (Secretary, STATE OF WASH NGTCN COUN1Y OF On this day personally spooned before me MAX S. WERRAN t CORDELIA B. WERRAN, husband & wife to rrte k own to be the indiviJwl described in and yrno ex.cutedthe within and foregoing instrument. and acknowl- edged that they signsd :M sure a their free and voluntary act and deed, for .'e uses and purposes therein me+ilionee. liicial ;eal this IS 83 isle o1- Wash1ngton, residing TATE OF WASHIiIGTON COUNTY OF On chi Per and to me kno and WO me, the undone • hi Sta of Washington, dui • • ally bp • &nee Jay of , a Notary Pubic in and m,•,iuioned and sworn, President ively. of the corporation !h execut the foregoing intiru nl, and acknowledged the • instru t to be the Iron an volun- tary act rnd deed of s CO! • • tton.-for the uses a autnorSZI1 t0 execute IM sip instr..ment and that the .eal Ifixed e corporate seat of said corporation. Wrt nest my han.) and otticial seal he to all...h the day and •irir above •Mitten. Notas y PubI,c in and fur" the Stet of Was at rngton, 7. That portion of the Southeast ,quarter of th.z Suutheat quarter of Section 9, Township 23 North, Range 4. Eaat, W.H., in King County, Washington; together with that portion of Tract'38, Riverside Interurban ?rects,•according to plat recorc:ed in Volume 10 of Plats, Page 74, in King County: and together with that portion of lots 13 thru 17 inclusive, Block 5, Riverton, a Replat of Part of Riverside Interurban Tracts, according to Plat recorded in Volume 13 of Plats, Page 36 in King County, Washington, described as a who..e as follows: Beginning at the int.ersection'oi the South lima of said Tract 38, with the easterly line of Pacific Highway South, as con- veyed to the State of Washington, by deed recorded unier Audi- tor's File No. 1996U2; thence North 12'23'12' West along said easterly line, 153.50 feet to the west lire of said tract 38, being tho true point of beginning; thence continuing North 12'23'12' West along said easterly line, 50.00 feet; thence parallel with the South line of said Bleck 5, South 89'21'12' East to the East line of said Block 5; then. :e Souther- ly along said East line to the South line of said Block 5; thence Westerly along said South line to the East line: of the West 100.00 feet of slid Tract 33; thence Ncrtf.e:ly a:.ong said East line to a line that bears North 77'36'48" East from the true point cf beginning; thence South 77'36'48' West 110.00 feet, more or less to the true print of beginning. Being tax account r.o. 734560 - 0190 -06. 8307280851 SAFIE[.O Filed lo, Recoed et Regwst NAVE 3OSEPH A. C CHE •II•C, INC., P.S. AODR[SS 1422 Seattle Tower CITY AND STATE Seattle, WA 98101 QUIT CLAIM DEED 74445 SPACE ''EQ,fOR RECORDER'S uSE • JUL NO EXCISE MX I 28 0733314 THEGRANTOR MAX WERRAN and CORDELIA WERRAN, husband 6,4p4 r ss trustor in that Irrevocable Living Trust Agreement dated July 1983f cravoca a ''cu°s ,ui�'gre mgn ncia�'ei�Ju�y ear igfilEeiweintAIR55! iiirniiinEogdelia weruat .1.12apa..4msiowife as trustor is Stanley Warren as Trustee STANLEY WERRAN as Trustee the following described real estate, situated in the County of KING Sire of Washington, including any after acquired title: 830'7280851 Dated MAX t. W nnr. Trustor Legal description of•the real estate is more particularly bet forth in Exhibit "A" attached her.Ato and incorporated herein. •Nntinsdour 1983 83/07/28 RED F CASHSL t[�.I�pr ) 1HIS�A1 Z8 11 »Axe^. BY ir.E. ue�ebeJN( tLrCTIC,' KING COUNT Y *0851 B 4.00 * ** *4.00 22 i By If^ratt+eeo By (Secretary) STATE 0; WASHING. 1N COUNTY OF On this day personally appeared before MO MAX S. WERRAN L CORDELIA B. WERRAN, husband i wife t0 me known to De the individual described in and who executed the within and fo.egoing instrument, and acknowl• edged that they signed lb* same et their free and v0lnntary act and deed. for the uses and pwooses therein mentioned. .. '.) ,1 e;; TATE OF WASHINGTON is- C 4 NTY OF �\ On \the day of , • Notary Public in and• iuioned end sworn, President tively, of the corporation th axe set the foregoing instru nt, and acknowledged the intt'u t to be the free • volun• teary act and deed of *if cur • , tion, for ttse uses a r• wtnor.M'to execute the salt nixed is \ ttie corporate seat o1 \ ins:roment and that the seal said corpora:Ion. Witness nay hand and official seal he year firs. •ove written. Notary Public en and kw the Stale of W \engton, dr sd/ at -• -- 6. That portion of the west 100 feet of Tract 38, Riverside 25 Interurban Tracts, according to plat recorded in Volume 10 of Plats, page 74, in King County, Washington, described as 26 follows: , 27 Beginning at the inter :action of the south line of said Tract 38 with the easterly line of Pacific Highway South as 28 conveyed to the State of Washington by deed recorded under Auditor's Pile No. 1996H12; -29 I thence north 12'23'12" west along said easterly line 61.50 feet; thence north 77.36'48" east 80.02 feet to the east line of the west 100 feet of said Tract 38; 31 1I 2 3 4 5 8 r., 7 tf3 Cif) 8 CO 9 8 10 GC 11 12 13 14 thence south 1.40'00" west, along said east line, 77.98 feet, more or less, to the south 1 Lis of said Tract 38; thence north 094121'12" west along said south line, 57.55 feet to thw point of beginning. SUBJECT TO Relinquishment recorded.under Recording No. 5112409 in deed to The Stat.« of Washingte . That portion of Tract 38, Riverside Interurban 'tracts, as per plat recorded in Volume 10 of Plats, on page 74, records of icing County, WA described as follows: Beginning at the intersection of the South line of said Tra..t 38, with the Easterly line of Pacific Hiway South, as conveyed to the State of Washington by deeu recorded cinder Recording No. 396812; thence North 12.23'12" West along Raid Easterly tine 61.50 feet to the true point of beginning; thence continuing North 12.23'12" West 92.00 feet to thL. West. line of said Tract 38; thence North 77'36'48" East 110.00.feet, more or less, to the East line of the West 100.00 f'-t of said Trait 33; thence Southerly along said East line to a line that bears North 77'36'48" East 1tori the true point of beginning; thence South 770,36'48" WeLt 80.02 fF.At to the true-. point. i,,r beginning; Situate in'the County of King, State of Washington. SUBJECT TO: P :linquishment of access to State Highway No. 1 and of light, view and air under Recording No. 5112419. Being tax account no. 734060 - 0581 -08. 1996812 1996833 Edwin Strom herbert smith John Olson Columbia Vall Lumber Company Harley omves helen omves martin johnson petrina johnson lb powell maggie powell 8203250546 82P308-1.0 GAUL 8A8DE . Introduced isy Proposed No. ORDInanceICE NO. 5904 AN ORDINANCE relating to the vacation of a portion of South 120th Street Petitioner: Max Werran and Others Y -1622 STATEMENT OF FACTS 1. A petition has been filed requesting vacation of a portion of South 126th Street. hereinafter described. 2. The department of Public Works has notified the various utilities serving the area and has been advised that easements have been secured by Seattle City Light and Washington Natural Gas Company. 3. The Division of Building and Land Development has studied the subject proposed road vacation and finds that it would not be in conflict with the principles and purposes of the King County Comprehensive Plan and the specific plans in the vicinity of this proposed vacation. 4. The vacation area is a portion of the plat of "Riverton -A Replat of Part of Riverside Interurban Tracts." The right of way appeared on the initial pl.t of "Riverside Inter- urban Tracts" which was recorded on April 9, 1903. No evidence has been found that the vacation area has ever been open as a road. A search of the records indicates that the County has spent no funds for its acquisition or maintenance. Right of way would. ••theref:re. be classified "C" Class in accordance with King County Ordinance to 2759. 5. The Department of Public Works considers the subject right of way useless as part of the County road system and believes the public would be benefited by the return of this unused area to the public tax rolls. Due notice wa: given to the manner provided by law and a hearing was held by the King County Council on the Zh./ day of 7%14d.S415 , 19 RL. e. 1 I In consideration of the benefits to be derived from the 2 subject vacation, the Council has determined that it is in the 3 i best interests of -the citizens of King County to grant said 4 petition. 5 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: ,,,-I ` _ 6 I SECTION 1. The Council on the 8fk day of t)_5 7 19 92' hereby vacates and abandons the portion of South 126th Street. described as follows: All that portion of South 126th Street in King County. Washington, lying West Of the East line of Lot 39 of Riverside Interurban Tracts and lying East of the Easterly margin of State Road No. 1 (Pacific Highway South), and all that portion of said South 126th Street lying North of Lots 1, 2, 3, 4 and 5, Block 12. Riverton Addition. and East of the East of the East line of said Lot 39, Riverside Interurban Tracts and West of West line of 34th Avenue South, in King County. Washington. Vacation area contains approximately 13.400 square feet. 6 v o 9 N 10 1) 11 4) 12 13 14 15 16 17 11 19 20 21 22 23 24 25 26 -27 21t 29 30 31 32 33 INTRODUCED AND READ for the first time this /,./71-/), day of , 19 e'2- . PASSED on this el-4/day of 771.41F/l.C.14---" 19 8Z KING COUNTY COUNCIL XING COUNTY, WASHINGTON ATTEST: dCTINC h .CTerk of the Council APPROVED on this f/1.4 day o: Page 2 8307280847 Filed for Record at HD NAME JOSEPH A. MOSCHEITO, INC., P.S. ADUMtSS 11.1111 „ ...w,,. CITY AND STATE Seattle, WA gR1n1 • QUIT CLAIM DEED THIS S,Ar .SERVED FOR RECORDER'S WE THEGRANTOR MAX S. WERRAN and CORDELIA B. WERRAN, husband i wif as tsustor in that IrrevocableLivingTrust Agreement dated July 1983 Immelingnrpdraionoand inffurthnraanC gmsbmat! a crevocaLble TTIr uat Hgre rd Si nYBdlippnt0d elia wer not jbN wife as trustor s Stan Werran as Trustee STANLEY WERRAN as Trustee the following described real estate, situated in the County of KING .State of Washington, including any after moulted title: 930728084'7 MAX Legal description of Lha leal eac.atn ill more particuiariy set forth in Exhibit "A" attached hereto and incorporated herein. Oated n� � 19 83 • • fir. �r i CORD . • , ^cti "•"• a, a><•, Trustor STATE OF WASHINGTON COUNTY OF 83/07/28 RECD F LHSt15L t I1IS EJAY 14 aP. FM ZOUr;1 Y 110847 B 4.00 ** **4.00 22 By e�oea� trrfloenl. R. (Seastary ) VII ii.i• wr'pw..w.Miy es404MN lore IOM MAX S. WERRAN b CORDELIA.8. WERRAN, • husband t wife to me known to be the individual described in and who executed the within and foregoing instrument. and acknowl• edited that they signed the same as their free and voluntary act and deed, :or the use. and purposes therein mentioned. Munder my ha i nd,, Iicral seal this day of / 10'$ ilia cram sespdRlg • - Q r. .. • TATE OF WASHINGTON t CUNTY OF f/ V n u,. Der ore me, the undersi of Washington, dui Ned Su• ally ap oay o' ed, a Notary Public in and issioned and sworn, and to ma kn and President 'rely. of . the corporation N acknowledged the • imtr trey act and deed of • cor DONS thereon mentioned \and on \ auirou. imtrument.and that the ses1 Ihxed said corporation. Secretary. the foregoing rnstru nt, and t to be the Ire • volun• hon. for the uses h stated that __ ‘1:1\ t0 *macula the 4ai • corporate seal of Witness my hand and official seal he year lint above ....men. n to al lox the day an.1 Notary Publ.e in and for the State of Was .ngson, r ding • 29 30 31 19 8. Lots 1, 2 and 3, Block 'Riverton', a replat of Riverside Interurban Tracts, according to the plat recorded in volume 13 of Plats, Page 36, in King County, Washington. Being tax account no. 734560- 0885 -06. L.t9097 t.0 C8 Filed for Rococo of Request of", NAME JOSEPH A. MOSCHE a0, INC.. P.S. %nnas:cc 1422 Seattle Tower OW APO STATE Seattle, WA 98101 QUIT CLAIM DEED TYIS SPACE RES, °D F;:1 RkCOROER'S USE 1 • sAG Cowry !'JO EXC1F »• JUL 2 8 m3 I U7 331 THEGRANTOR MAX S. WERRAN and CORDELIA B. WERRAN, husband & wife as trustOr in that Irrevocable Living Trust Agreement dated July, oZ 4 , 1983Ef Irrevocable TrustttAgreementndatetdheJu�y � i95bew eentmaaxions S. werrranlEncoordelia B. Werapitsbsamamhowife as trustor & Stanley Werran as Trustee STANLEY WEP.R .N as Trust= the following described reel estate, situated in the County of RING State of ::atAicytun, including any after acquired title: 8307280849 MAX Legal description of the real estate is more particularly . DAY set forth in Exhibit "A" attached h^-eto and incorporated ' " herein. 1! !u •" l.'J K ✓L L1WYtf . T■ustor 83/07/28 RECD F CRSHEL :ij t' COUNT' *0849 B 4.00 * ** *4.00 22 D.. By (Secretary) STATE OF WASHINGTON VVVI�1 t Vr N. On this day personally appeared before me MAX S. WERRAN & CORDELIA H'. WERRAN, husband & wile W me known to be the individual described in and who executed the within and foregoing instrument. and acknoa/.• edged that they signed the same as their free and voluntary act al.:1 deed, for the uses and purposes therein mentioned. GI under l red a (heist seal this f, day of � 19 AL Not • �` i 11 the St 11aKin9ton, iCSy at ( •• • ! •. •a • •. • MATE OF WASHINGTON C NIYLif On On 1 1 1 day of ed, a Notary Public in and mettoned and sworn, to me kno and President vely, of the corporation th execut the foregoing instru nt, and acknowledged thti • instru t to to the free a • volun- tary act and deed of 'el r... .. • on, for' the tnet, on vows therein mentioned. red on h stated that author' to 'execute the sal instrument and that the seal Nixed itk+e corporate seal of . said corporation. Witness my hand and official seal n year first above wr,tten. to affix ff..; ...ay and I t i Notary Pubhr. in and for the State of ".s ington• r ding at I 2 3 4 5 8 7 • • - ......� _ . b/27/8i B3-37 EXHIBIT 'A' 1. That portion of the went 100.00 feet of Tract 39, Riverside Interurban Tracts, according to plat thereof recorded in Volume 10 cf !i t- aua.n. ra�u 7 +, iccrdlUb of said county, lying east of State Road No. 1, EXCEPT the north 45 feet thereof; AND Lots 4 and 5, Block 12, 'Riverton', a Replat of Part of Riverside Interurban Tracts, .according to plat thereof recorded in Volume 13 of Plata, page 36, records of said county, EXCEPT the north 45.00 feet of said Lot 5, situate in King Count Washingtor•. SUBJECT to all easements, restrictions, and reservations of ;f ny, Being tax ac:o+.int no. 734060 - 0602 -03 • SAMCCI Filed for Record at Repast of • NAME JOSEPH A. MOSCHE 1TO, INC., P.S. ADDRESS 1422 Seattle Tower CITY ANDSTATE Seattle, WA 98101 OUT CLAIM DEED r! /" THIS SPACE RESER% OR RECORDER■ USE • K►HQ rot�Nl Y N3 EMU TAX JUL 2 8 r:U7;3;331.2 THEGRANTOR MAX S. WERRAN and CORDELIA B. WERRAN, husband i wife as trustor in that Irrevocable Living Trust Agreement dated July _ _ , tt f« fn .t of r,r� iin f r h r nc f iondit oisSiasiinEordelia rrevocae 'a"grennE deed �Jn�y� ���e wean WerFon' arl,+% ftrla mNowife an trustor & Stanley Werran as Trustee STANLEY WERRAN as Trustee the following described real estate, situated in the County of KING State of Washington. including any after acquired title: Legal description of the real estate is more particularly set forth in Exhibit 'A' attached hereto and incorporated herein. 83/07.28 RECD -F CPSHSL 1 2 3 4 9. Parcel At All of Lints 4 and 5, Block 12, Riverton a replwt o R verside Interurban Trac.:c, according to Plat recorded in Volume 13 of Plats, page 36, in King County, Washington; AND That portion of the west 100.0 feet of Tract 39 of River- side . Interurban Tracts, according to Plat recorded in Volume .•0 of Plats, page 74, lying east of State Highway No. 1. Parcel B: That portion of the northwest quarter of the south - 3 east quarter of Section 8, Township 23 North, Range 4 E.M.M., in King County, Washington described as follows: Beginning 6 at the South quarter corner of said section and running thence north 89.17'37' east along the south line of said section, 7 651.34 feet to the southwest corner of the east half of the west half of the southwest quarter of std Section 3; thence 8 north 0 *03'41• waist, along the west line of said east half of the west half of the southeast quarter, 2091.22 feet to cl 9 the true point of beginning of the tract of land herein 2 described: thence continuing north 0 *03'41' west 100 feet; C 10 thence south 89!28'19' east 325.36 feet; thence south 0 *05'11' CON east 100 feet; thence north 89 *28'19' west 325.41 feet to the 8 11 true point of beginning. EXCEPT the west 30 feet U,ureof. 2 12 (Also known as Lots 46 and 47 in Block 5 of Stimson Park. Division No. 2, an unrecorded plat. 13 IA Being tax account no. 801920- 0235 -05. JAM: jam 9/30/83 63 -37 c'ilea 1•or Record at Reuuest of Name JOSEPH A. MOSCHETTO, INC., P.S. Address 1422 Seattle Tower City and State Seattle, WA 98101 THIS .1 RESERVED F 'R ' - V.EC ER'S USE: • o _ • • UUIT CLAIM DEED • THE GRANTOR MAX S. WERRAN & CORDELIA B. WERRAN, husband & wife as trustor in thqat Irrevocable Living Trust. Agreement dated July 26, 1983 for and in consi.' °ration of in furtherance of terms, conditions & provisions Q'Irrev cables T us Agree1eent dated 7/2 8� etween Max Werran & CoLc1ia B. wp ran6on�iegpana i�t slain star h Stanley Werran as Trustee .-� STANLEY WERRAN as Trustee the following described real estate., situated in the County of KING r-1 State of Washington, together with all after acquired title of—a7—grantor(s) therein: iD Legal description of the rPal ,.s.-ate is _et forth in Exhibit •A• and attached hereto 7. • Di. - this day of October , 198 J . -� ^ ,4. L.�i i_eivet.i . WERRAN, T sto STATE :1 SH l i:0TEN; ) ss. COUNTY OF KING CORDELIA B. AERRAN, his wife, Trustor On t`lis dal personaIly a71 :eared 1:f=.7.- -. MAX S. WERRAN L CORDELIA B. WERRAN, nis wife ishu.“ LU ee Lhe 111U1V lUaal UeSC1.1Ue11 :.n unU W(IU ei:'. (: '..tl.0 .ne l•:1'.111n „Inc: foreyoiny instrument, anu acknowledged that they signed the sale a:; their tree and voluntary act and deed, for the uses and :purposes therein mentioned. •1./ ULVLC� • 1';d 3 crJ .11 "EN ul.u•:• ..1 ....... .•.... vI. LL. :.a. :.L._ mil._:. -.r• U.aj :,01..111 iL.i Lill. ..C.:tl of Lva:;nington, residing at Seat -1P 5p.6.1 Werra :Ai D..d 1..A.rv.Ar$ Prod) iltI G .AlfrO. Iu13el1R Y111tts u. 1911 /esOC1AT)OS. y .r la ward../ tr W r/ 10014•• li 10.00 ). n 1..d 1..1 p••1 rarye. ' /r.4. . sod . '- �. 1. WWI w ca. LLA S. IMAW. u• 4/b. 111• slow •pp.at at re.ard so 1. A. •.rtes sod Gs/delta 4. mIIr, N. oils. Or astray Arrr .o1 wr, NIL art is t. Came al IL* 4111. el ' ••• not par ur •1 14. Yo.l.14. is•••••■•• )1sol•, a.•.att4* to plot to••••• to solos. 10 .I . pleapee* 111. ►s Use (4ost /. dualas..*. //Us teat •t /a•s. Ilobool boa 1, ..• smut •t • Lfso ....s ►1.d so bottom' 2e*le*L.e at • petal ad .•e e•...ase Uses 11. soot ..I*►sol Ilse 44 4.14 Ws. 4141.* /, 43 two so•Nae••aaL/ ttos it. law•••alo. 411• W sots D..re•17 ilea 44 e+.•r $U111.44 aortae at dote •otlso tr I1.l4Isrt/ 1. W s•tsrsoalur 4141 W rut tare•/ at l.1 a, law0 12. "aarsei.. , • ..pl.t •1 put .t Y tY :MotorW TI•.u...s..orr v piss .*se,O•d Ls *slum 1) el plats. pass )d. *1•0. w tooth 44 •••• •t las 2. Staab 12, •• 'b.•rarr. • sq+.4 of pars •t Yssl•I 1.L.►1.1.. Tssaa4. • «i0s2r! eta Tbs ear t• st.,n to tel ft t Wert .t MA. Samna* Ms W. Le2.a. W 1412 sy Grist's 1. Servos, 14• alas. •a ►.r assa•sd •. 1,1 awful; Soros.. ..e saws ...tale WI Maass Cwu•st 44W *•.a...o 1, .. 1olss1, Y• 4444. w soils,. see t. 4. ..w prsl•.so. ,Lis. : LCYr.cs mobeemmmtly arras* l• • sasses, so *4 d*so .t shoor.•e•s.•.ke sea+..L•. • TI. 4••rr lor Wait .. w .....ter. amps ear 1p am p r, •••■••• V r asnrn el M. and r lams Soma •••■• ass .mirk, all •••■•••■ _s as . r Mae bp .4a N, Of i ^md. a dole tom* meson dm yaw • di 'mess •■•••=m. baba, - co s. ikr 1p. - sr swim add Caro moot we .v11.► 1 .i leraw. w..* •r 4444 as tar .nr 41.1 a1� .441 111 WITIILIL WHLLID/. rid p.►mrw 1• aired .1. •..00mis r Ss swum' ti W perm GOMM MS r I.p.os sod • 1r room.. ••••• .1.. 1211 sap .1 ■•••••• . A. D. 144+. • . !TAIL 04 WAIM1$OTOM.1 ammo el IS r LaGI &A W1 .4 y._ llrl•Lsoaba�a J as i �.c e✓ Arrst. :- ";40 44 :.. CID Sib Oar el •1.er *1. 1448 .1.O.a o•► _4_ . p-t s Mos.p Parr. so ar 1. e. 4.. ol M•Y.pos, dw r�ra mg .•+t V•+l� imo.ad also L 4111414.* asr4 4. L. as+.L+ i• *mu b• IMMIlsod •••1.4.• broom. ow So rp.*4la V old a1a 141.1 a*d •L.t14I ar wig 1.w.r ft* d. 4w* ar wYws ao o41 v el and mar•.- 1• IM sow sod Modem. *.r oim•um& ...r no we. 411./ Ow Slop ors wised r /saws 44.1/ w.... 4d.. rani isI r e* - sal or .d osp.••r 11/1■• `r swat dead owl W.r saAnd ob dy .at To vs Or -. Jaw memo i7 / /•' (/• t.! • is r • .. ...'L. Mossy hider •• t. 1•. Ion 4/ W.••op• 4 rasa* as 1x.1.1.. .y 1r •. yeas r... r•': LA a=AM0I DEC 141961 8'1O crud by WTI • �r sari•.; .1 ' • •1,hl 41100-P._,Jc F,,.. - -..,- ON ••• •:LT 2 3 4 S 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 132P308-1.0 caul- a3ARDEN. Introduced ty _ Pro,osed No._ (7 .7 1 ORDI4A.lCE NO. 5904 Ali ORD1NAACE relating to the vacation of a portion of South 126th Street Petitioner: Max S. Werran and Others V -1622 STATEMENT OF FACTS 1. A petition has been filed requesting vacation of a portion of South 126th Street, hereinafter described. 2. The Oepartment of Public Works has notified the various utilities serving the area and has been advised that easements have been secured by Seattle City Light and Washington Natural Gas Company. 3. The Division of Building and Land Development has studied the subject proposed road vacation and finds that it would not be in conflict with the principles and purposes of the Kung County Comprehensive Plan and the specific plans in the vicinity of this proposed vacation. 4. The vacation area is a portion of the plat of "Riverton -A Replat of Part of Riverside interurban Tracts." The right of way appeared on the initial plot of "Riverside Inter- urban Tracts" which was recorded on April 9, 1903. No evidence has been found that the vacation area has ever been open as a road. A search of the records indicates that the County has spent no funds for its acquisition or maintenance. Right of way would. theref:re. be classified "C" Class in accordance with King County Ordinance No. 2759. 5. The Department of Public Works considers the subject right of way useless as part of the County road system and believes the public would be benefited by the return of this 7/1AL.,(A/ . 19 0 L .': 1 I In consideration of the benefits to .be derived from the 2 subject vacation, the Council has determined that it is in the 3 best interests of the citizens of King County to grant said 4 petition. 3 I BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 6 SECTION 1. The Council on the 8fl✓ day of 'fin! _. 7 19 9 ?/Z , hereby vacates and abandons the portion of South 126th 13 14 13 16 17 18 • 19 20 21 22 23 24 23 26 -27 28 29 30 31 32 33 Street, described as follows: All that portion of South 126th Street in King County. Washington, lying West of the East line of Lot 39 of • Riverside Interurban Tracts and lying East of the Easterly margin of State Road No. 1 (Pacific Highway South). and all that portion of said South 126th Street lying North of Lots 1. 2. 3, 4 and 5, Block 12. Riverton Addition, and East of the East of the East line of said Lot 39. Riverside Interurban Tracts and West of West line of 34th Avenue South, in King County. Washington. Vacation area contains approximately 13.400 square feet. INTRODUCED AND READ for the first time this l ? /1, day of 19 e;% . PASSED o K this 04-4./day of ATTEST: ACTING ,C er o -tne Council APPROVED on this /l"' day o: Page 2 1982 KING COUNTY COUNCIL KING COUNTY, WASHINGTON 77 C1-iairman 9%1 King Cunt xe u • ve t: 11 Seat Nov 90•.3 ! 5061125 Nov 66-38 .7 11.3.111tott and A. Zniatt, hw 4s on to Seattle pany Fp Bt and ay to app Ito sa the rt priv end *nth to oonstruot, improve, rep it and maintain a gns disthn Rata across, ovor send upon the fdre is kow Tht ptn of the d 100 ft or fllk 55 Riverside Interurban Tts lying X of tho at. uy No 1 sx*Ipt the % 45 ft and Lots 4 and 9 in Blk 1Z elsrrtbn's flat of a part of Riverside interurban Tts / less the A 45 ft of Lot S ass to the roe plats Lay 51' 3 from seater of stets Amy xe 1 (P. a.l ) In «rarei»ing the its his .grRnt.d thr gtss its sa may pass end repass vvee sd above dos rest prep, hay cut and remove brush trees and other obstrnotio*a mat is She °pinion of the Stee interfere with the west*, repair end maintenance of r3 gas d i stba !lain and sry make and and all rations upon od prop n.• to •ffo•t the install, maintsuanco and repair of sd gas main. oov hin otmCained shall run with the ld and sr. binding upon 911 subse1nn at mss *hot s.8.3111,o tt Adis• glliott ry a by :1•s.21liott sad Agnes 3111ott, bsf Richard D. 2,n1tk np for re its at s ns Nov 8+40 (sp will pall) D 3wv. ' w 30- moo• 10-34 010. 94.:traer 34. s+t / �/ 30511111 ► , ()into P.r.adra and Winnirroa O.Zadra, h. Q7 to uari Polls ?p oy and wrr to imp tho fdre in kaw Lot 19 elk 1 J•ffo rson Park £!d to of S Snbj to eeomts 0inte P.ZZQra Winnifr's4 d.+ ire • , km Dee 10 -56 by 0j P.Zadre and WiDnifred Q.Odra, hw bet ton f.Crowlsy np for s,► ras at a ns 1.33 n 370o) M.. D Rov 30-38 302212? la, z3 -393 10. $3.50 irax 03.50 a►$ . .Toe Uarganti and Caroline MorRanti, her es of szd prior to mar 31 -30 to 'Abort H.Bsrg • t cy and wrr to op the fire in kow Is ft of :ot :i Rnd the 3 93.5 ft of Lot 4 all in 91k 2 zilsorvoir `arlr ' id to th. V ..e 3 +•.. •.. ....s sR ... -s -•- -- •+ - -- - 7710280731 easement mike willard ingress and egress for the remainder of tract 38 Par a valuable illkIderstion, receipt of which Is hereby aclmowleed, the Grantor hereby rantiL__aad aonwey_f to the Grantee _ success= and &gas, the right, privilege and authority to construct, improve, repair and maintain across, Dues and upon the following land, located in_ -ICI& :. qty, State of Washington, to-wit: The Grantor_ —_ shall make no use ct the land oaarpied by said_ except ---- In exercising the rights herein granted, the Grantee -_ -- h____ successors and assigns, may pass and repass over said____FrAttn may cut and re cve brush, trees and other obstructions which in the apdnion of the Grantee____ in- terfere with.-. ___ it sPrAef A.141 P. R The covenants herein contabied shall run with the land and are binding upon all subsequent owners thereof. The center line of said..____ hAF___l`i_E=A % shall be parallel with, and not more than . /, TEI .1Lie t distant on either side from, a principal center line across acid land, Tr A c-* 4i 7 g g;yeb-sidG jD/ v ti e /o sf ph-7's, Ph q e 7v , 1% EXCISE TAX NOT REQUIRED King Co. Recores Division By Dpuiy In Witness Whereof, The saki Grantor_-__ bas__ executed this !Instrument the Aar 71) day of___ZP. 122_R f.1. 1077 w.woMrtagsl Ma. .w. ie..1 OC1•ZU i1 , o o : a i 7710230731 — E kF 4.00 EASEMENT RIGHT OF WAY FILED for r :^_:!. 9r P.-m! ^st of 're 44 27,49RD /Y. s -Ay .9j., Se /7:1_, X4- /6 r TO fr1, I/re I 2/4sED °CT 28 1 37 Mill RECORDED 8103230520 washington natural gas company easement max werran The Grantor. consideration of the sum of One Dollar (11.00) do hereby grant to WASHINGTON NATURAL GAS COMPANY: a public utility corporation, an essasent for existing gas pipelines and services under. over lend across the follow- ing described property of the Granter. to -wits In vacated South 126th Street between Pacific Avenue South (SR 99) and 34th Avenue South being vacated by Vacation Petition V -1622. Situated in Section 15, Township 23 N, Range 4 E.W.M.,.in King County, Washington. in . t. ;aria; granting to said coupons such access rights as may be for the relocation. operation and maintenance of such pipeline or lineal and. by the acceptance of this easement, Washington Natural Gas Cospasy agrees to operate and maintain such pipeline or lines with the least possible !neon veaiance to the Creator . and agrees to hold the Grantor harmless iron any loss. cost or damage rose) tins, from the operation or maintenance of said pipelines and services. Grantor agrees not to erect any structures on said y D\TtD t!n "l STATE OF WASHINGTON 1 COS. V 1. uF S Os this ___,21/14 __,2 da. o frizi.e•tc.p 19 sa. before ne. tle osdersiped. a Nwar. Pobbc. dolt co+�•saivaed s. Pers&a9T appered friAjt (,(1EPp134/ to -. to the tadredsal _described is aid alto retested the writ ►u sad fotetoiat isanrest. sad sclso. Iedies said uurmnt to be f,1iS free lad volsatary sit !Ltd deed fee tilt sets WWI purposes therm resumed. EN WITNESS %HEREOF. 1 have hereasto sitaed eT same art affixed WI motanal seal the day amd year r this certificate first above sautes. • Hoare /sblic is sod far the Sart ,i %aahi.gsoa. residing at ;:_Ca^" -, T. • Fan ! 41,':'. ' c ` 8111060294 EASEMENT (Overhead and underground) THIS INDENTURE, made Able '+l.w .day of oe•,n'wr 19111.. between max werran and CORdeLIA werran . husband and rife, hereinafter called the Cra • • and the CITY of seattle m.olcipal corporation, hereinafter called the Grantee; WITMESSETW: That the Grantors, for and le coealderatlon of One Dollar (31.00) and other valuable considerations, receipt of which is hereby meksowledgrd, hereby convey sad great to the Grantee, its successors and asstgas, tie right, privilege and authority to install. corutrucc, erect, alter, improve, repair, energise, operate and maintain electric overhead and underground distributloo line facilities, at depths Dot exceeding 21 feet, which ca.slat of poles, with braces, guys and amber's, crossover, transformers, ducts, vaults, manholes, cab:sets, costatssre, eomduits, vireo and otbsr oeceasery or convenient appurteaasces to maks said underground and overhead installations as integrated electric system, all such electric system to be located across, over, upon and under the following desert► 1 lands and premises situated to the County of King, State of Washington, to wit: . • The south IS feet of vacated South 126th S from the easterly line of State Highway Mo. 1 (also known as Pacific Highway South) to the west line of 34th Avenue South: ALSO, the north 15 feet of Lots 1 -5, inclusive, Block 12, Riverton, a replat of apart of Riverside Interurban Tracts, as recorded in Volume 13 of Plata, page 36, tecords of King County, Washington; TOGETHER WITH the north 15 feet of that portion of the West 100.00 feet of Tract 39, Riverside Interurban Tracts. as recorded in Volume 10 of Plate, page 74, ds of King County, Washington, lying easterly of State Highway Mo. 1 (also known as Pacific Highway South). EXCEPT that portion thereof within and w 3ar the existing King's Restaurant Rulldine (crrmonly known as 12606 Pacific Highway South) lying below elevation 248.16 feet. Together with the right at all times to the Cra , its sue and asoigna, of lairs.. to and egress from said lands across ad)acent lands ot.the Granters for the purpose of installing, constructing. reconstructing, repairing, renewing, altering, chap 'og, patrolling. energizing and operating said electric system, and the right at any time to remove all or any part of said electric system from said lands. Also the right to the Grantee, its successors and assigns, at all times to cut all brush and timber end trim all trees atavding or growing upon said lands which. in the opinion of the Grantee, constitute a pease. or danger tr,said electric system. The Grantors. their heirs, executors, adalniscrators, successors and assigns, hereby covenant and agree that no structure will be erected or peraicted within the above described easement area without prior written approval from the Grantee. Its successors and assigns; that no digging will be done or pnreitted within the easement area which will to any manner disturb the facilities or their solidity or unearth any portion thereof; and that no blasting or discharge of any explosives will be permitted within fifty (50) feet of said lines end appurtenances. All cendult or cable laid under this grant shall be laid upon a route as oow located and shall -be buried to such depth se not to interfere with the ordinary use of said land. The City of Seattle is responsible, as provided by law. for and damage to the Grantors through its negllgcocs In the construction. matntensnce and nuEDy�Hr�ptt„p�..said electric system across, over, upon and under the property REtIL UUFF_ jjot e . CTFY OP HEAT rL DEPA ft! 4 Ni' Op U(3ir[IIPp - • - . ' • - 1015 • 3rd Avenue fl .w.. WA 98104 / • ATIN: copra Anwitt 1 of 2 ri = {`k.- P10eUrTy iIAHAO • 230410-3-000 The rights. title. privileges and authority hereby granted •halt cootlnue and me le force until such time as the Grantee, its euceeaeorm or aastgns. shall permanently reaovIL maid poles, wires and appurteorocem try. said lands or shell otherwise permanently abandon field electric system, at vhtch time ell such rights, tirle. privileges and authority hereby granted shall terminate. Any mortgage oo the sold promisee held by tho Mcrtgagce above named is hereby subordinated to the extent, but only to the extent necessary, to so subordinate the lien of sold mortgage to the easement harsin greeted to the Grantee. IN WITNESS %1TZEOP, this instrument has been exeeutud the day and yasr first above written. Xgl1112K )03tX Xis STATE OP ii.SNINCTON COUNTY 0? 81/11/06 002'-1 D RECD F 4.00 CA51i51. ••••i.00 22 CORDELIA S. UEggAtl (POI INDIVIDUAL ACT.MOVLEDCXENT) ) se. • I, the undersigned, • N..tary Public. do hereby certify that on this z7441 day of ale.ie$4r• 19 ?f, personally appeared before ms MAX S. YESPAN and CORDELIA B. RERAAN, his wife, to me known to be the individuals described in and who executed the within instrument. and acknowledged that they signed the same as their free end voluntary act. and deed far the .uses and purposes therein mentioned. Given under my hand and official seal the day and year to this ter fi4ata..w,. above written. O''SPR n s ' , : :E Notary Public for the State .o[ Ya dp;CAC, : -•aiding at • _`>..i •-. •.. :_,-.7....„... \,,,s•k.,,t..• ,:v.•%.,......„......1): APPROVED AS TJ FORM ONLY DOUGLAS N. JEVVE ' cm( ATTOHhEY 2 of 230410-3-006 r „ ' " 1 5112409 WARRANTY DEED harley graves helen graves h`:GW ::L1. `I N BY THESE PRESENTS, That the Grantors Harley Graves also known as Harley J. G.ra•tes and Helen ••r:.vea, t:•:::»: :,•d w-: :'r on November 5, 1920 atld at all times rince, ;•tr !Ind nt COr.sedt:rntlun of the "nn cif Ten and No/10O... •• - C!u;iurr.• r.nd other valuable considerations hand ;mid, ::.e receipt whereof is h.•rebt; acknotelctiyr,i: beret ::; : uu. ry mt t. •:r :.trt or V'AStuNGro, . the Jo/towing described rent estcte sttunt.d in Ming !'uur.tu. in the State of Washington: .tll that portion of Parcel "A" lying westerly of a line dcscrih.d ao c::••ws: -r r i.nring at a point 50 feet Easterly and opposite Hiet.way En;-,inc er' r. t •:' on the c. ::tor line of existing Primary State u' fhway Na. 1; ti.ruce the :to :1.h line of Parcel "A ". That portion of the Southeast quarter of 'he Southeast qua:-t&: r. 9, t ow:t.hip 23 North, Range b East il.M., described .-. foll:: ;: �•. 't e 'ic rthe st corner of the So ^th half of the North half •. at quarter of the Southeast quarter; thence South 69" 01' 1:'" .:. Us: .ic rr" h Line cf s' id subdivi ,;ion 4'1.F0 feet to the •• • 1.' 7 • i :ir-ht :a;• `io. 1; thence along :,.aid highway lire South 13' feet to the East line of sala section; thence along said secti-r. 10' hl" East 31,1.5E feet, more or less, tc rhe t half of Tract 27, Ravirside lntcrurbnn Tr••ctr, •,r••••• recorded in Volume 10 of Plats, 74: ttc . ;i, . .•• . 1'•) feet. of tract 35, nivrrzide in:rr.rb :. c' , ... ..:, ate' rt (',:•E& -ri in Vcltune 10 of Plats, pare 7i :; ... "..: . ^.7. Vial • .. tr.( •.):'.'c of '.4. s''._'artnn for ! :_•'hti ?v, D'. a:: :'l• .n .. .1.. ::emir's •:L No. 19'L,f12. ALTO 17, 111.C.c.1 is 5, "2..f. v. .. ", . r. r3C'.5, aCCOr :? n; t ^:i' . r..• ::: 11 :aid i1or1 '.: le i': • : • ! •••• N • 399 pA6( 51 ') It is understood anti agreed that az! delivery of this deed is hereby iilifigations hereof shall not beco.ne bintliny-upon the State of IVoshrito,ii cpproved hereor. in writing for the State of IVashington, Department of is Engineer. Dated this 30 dny of. October, 1951._ Arrepterl and approved 'Al5":71 By Right of Way Engine STA E OF WASHINGTON OF HIGHWAY'S • StT OF WASHINGTON, King 1 SS .76/PA 4,!• 1. the undersigned, a notary public in and for the Sate of T.Vashinfitini. ri•.:! ...• • ; - .30 day of October, 1959 perN,,:,(11ty Harley J. Grayes and Helen Graves rryt laitinirn to be the individual a described in and who e.reeri:eii the knotetertgrOttat they signed and sealed the same as theirirct II MI /1.1;1 Itili the uses and mornnvps therein mentioned. (1:114.:71 umier ley halm and ogicial seal the day and '..A."(tt GLOIX ", 45 Leattlt: • 8908161260 illOJARY LINE ADJUSTMENT /LOT CONSOLIDATIO• CITY OF TUKWILA, WASHINGTON FILE NU. g?-6, Ble. 4 LEGAL DESCRIPTIONS Before the adjustment: sec. 7 ? a, 3, '1 After the adjustment: c9/09••16 tt126Q R RECFEE 2.06 RECD F 13.00 REV S. 26:00 GASF:SL ***zit . 00 55 APPROVAL Department of Planning :: Examined and approved this /04 day of , 19 pc/ Di ector, epartment o P arming Dept. of Public Wo-ks: Examined Filed for record at and approved this 14 day of the request of: t3auee. mo rKG R nt �vS�- , 19 C!� Name or rnor:.6AN t.1`+cDonALb) r'S. Return to: Planning Department 'irector,Dept. City of Tukwila DEPAR Z:FIn OF ASSESSMENTS. . 6200 Southcenter Boulevard Ex nedandsp tAM Tukwila, Washington 98188 • rs (29 /8LA.LEGAL) ,-t tiISG��oi9° /1.9 es� i Page of oS r0 e) b 5 obg cr 8908161260 Existing Parcels Lots 13 through 17, inclusive, Block 5, Riverton, T.L. 190 a replat of part of Riverside Interurban Tracts, according to the plat thereof recorded in Volume 13 of plats, at page 36, In King County, Washington; EXCEPT those portions of said Lots 13 through 17 lying northerly of the following described line: Commencing at the intersection of the South line of tract 38 of Riverside Interurban Tracts, according to the plat thereof recorded in Volume 10 of plats page 74, in King County, Washington with the easterly line of Pacific Highway South as conveyed to the State of Washington by deed recorded under Recording No. 1996812; thence North 12° 23' 12" west along said easterly line 203.50 feet to the point of beginning of said described line; thence parallel with the South line of said Block 5, South 89 21' 12" east to the East line of said Block 5 and the terminus of said described line. TOGETHER WITH that portion of Tract 38 of Riverside Interurban Tracts and of the SE one quarter of the SE one quarter of Section 9, Township 23 North, Range 4 East, W.M. described as follows: Beginning at the intersection of the South line of Tract 38 of Riverside Interurban Tracts with the easterly line of Pacific Highway South, thence North 12° 23' 12" west along said easterly line 153.50 feet to the west line of Tract 38 and the true point of beginning, thence into Section 9, continuing North 12° 23' 12" west along said easterly line of Pacific Highway South 50 feet, thence parallel with the south line of Block 5, Riverton, South 89 21' 12" east to the West line of Block 5, thence southerly along said West line to the point of intersection of a line bearing North 77° 36' 48" east from the true point of beginning, thence southerly along said line South 77° 36' 48" west 110 feet more or less to the true point of beginning. TOGETHER WITH the North half of vacated South 126th Street contiguous and adjacent thereto attached by operation of law. �oFq 8906161260 T.L. 129 "G" - T.L. 170 That portion of the Southeast one quarter of the Southeast one quarter of section 9, township 23 North, Range 4 East, W.M. in King County, Washington, described as follows: Beginning at the Northeast corner of said subdivision; thence North 89'26'44" West along the North line of said subdivision 172.6 feet, more cr less, to the east margin of primary state highway no. 1, SSR 99, Pacific Highway South; thence south- easterly along said margin to the east line of said subdivision; thence North 1'45' 40" East along said line to the true point of beginning; EXCEPT, that portion lying southerly of a line described as follows: Commencing at the intersection of the easterly margin of primary state highway no. 1 (SSR 99) with the east line of section 9; thence North 12 23'12" West along said easterly highway margin a distance of 50 feet to the true point of beginning of said described line; thence South 89' 21'12" East parallel with the south line of Block 5 in Riverton, a replat of part of Riverside Interurban Tracts, according to the plat recorded in volume 13 of plats, ?age 36, in King County, WA, to the East line of said Section 9 and the terminus of said line. Lots 12 through 17, inclusive, Block 5, Riverton, a replat cf part of Riverside Interurban Tracts, according.to the plat thereof recorded in Volume 13 of plats, page 36, in King County, Washington; EXCEPT those portions of said Lots 13 through 17, inclusive, lying southerly of the following described line: Commencing at the intersection of the south line of Tract 38 of Riverside Interurban Tracts, according to the plat thereof recorded in Volume 10 of. Plats, page 74, in King County, WA with the easterly line of Pacific Highway South as conveyed to the State of Washington by deed recorded under Recording No. 1996812; thence North 12° 23' 12" west along said easterly line 203.50 feet to the point of beginning of said described line; thence parallel with the south line of said Block 5, South 89" 21' 12" east to the East line of said Block 5 and the terminus of said described line. 30Fy 8908161260. "B• T.L. 602 "C" T.L. 885 T.L. 581 T.L. 580 Lots 4 and 5, Block 12, Riverton Addition, recorded in Volume 13 of plats, at page 36, King County, Washington, together with that portion of Tract 39 Riverside Interurban Tracts lying easterly of Pacific Highway South together with the South half of vacated South 126th Street adjacent and contiguous thereto.. Lots 1, 2 and 3, Block 12, Rivcrtoa.Addition, recorded in Volume 13 of plate, at page 36, King County, Washington, together with the South half of vacated South. 126th Street adjacent sad contiguous thereto. That portion of Tract 38 of Riverside Interurban Tracts lying easterly of Pacific Highway South and southerly of a lire described as follows: Commencing at the intersection of the South line said Tract 38 with the easterly line of Pacific Highway South as conveyed to the State of Washington by deed recorded under Recording NO. 1996812; thence North 12' 23' 12" west along said easterly line 153.50 feet to the West line of Tract 38 and the true point of beginning, then along a line bearing North 77' 36' 48" East 110 feet, more or less, to the East line of Tract 38 and the terminus of said line. TOGETHER WITH the North half of vauca.ad South 126th Street adjacent and contiguous thereto. That portion of tract 38 of Riverside Interurban Tracts lying northerly of a line described as follows: Commencing at the intersection of the south line of said tract 38 with the easterly line of Pacific Highway South as conveyed to the State of Washington by deed recorded under recording number 1996912; thence North 12'23'12" West along said easterly line. 203.50 feet to the true point of beginning of said described line, thence parallel with the south line of said tract 38, South 89'21'12" East to the East line of said tract 38 and the terminus of said line. 51.9 proposed Parcels Lots 13 through 17, inclusive, Block 5, Riverton, T.L. 190 a replat of part of Riverside Interurban Tracts, according to the plat thereof recorded in Volume 13 of plats, at 36, in King County, Washington; EXCEPT those portions of said Lots 13 through 17 lying northerly of the following described line: Commencing at the intersection of the South line of tract 38 of Riverside Interurban Tracts, according to the plat thereof recorded in Volume 10 of plats page 74, in King County, Washington with the easterly line of Pacific Highway South as conveyed to the State of Washington by deed recorded under Recording No. 1996812; thence North 12° 23' 12" west along said easterly line 203.50 feet to the point CD of beginning of said described line; theace.parallel CD with the South line of said Block 5, South 89° 21' 12" east to the East line of said Block 5 and the Qn terminus of said described line and excluding any r4 portion of vacated South 126th Street. (D C 11 "B - Lots 4 and 5, Block 12, Riverton Addition, recorded GW T.L. 602 in Volume 13 of plats, at page 36, in King County, Washington,together with that portion of Tract 39 Riverside Interurban Tracts lying easterly of Pacific Highway South together with the entire 40 foot width of vacated South 126th Street adjacent and contiguous thereto. "C" - T.L. 190 Lots 1, 2 and 3, Block 12, Riverton Addition, recorded in Volume 13 of plats, at page 36, in King County,Washington, together with the entire 40 foot width of vacated South 126th Street adjacent and contiguous thereto. 5 OF q "D" - T.L. 581 „E" T.L. 580 820E32622co That portion of Tract 38 of Riverside Interurban Tracts and that portion of the SE one quarter of the SE one quarter of Section 9, Township 23 North, Range 4 East, W.M. lying easterly of Pacific Highway South and southerly of a line described as follows: Beginning at the intersection of the South line of Tract 38 of Riverside Interurban Tracts with the easterly line of Pacific Highway South, thence North 12" 23' 12" west along said easterly line 203.50 feet to the true point of beginning, thence parallel with the south line of Block 5, Rivsrton, South 89' 21' 12" east to the West line of said Block 5 and the terminus of said line, and excluding any portion of vacated South 126th Street. That portion of tract.38 of Riverside Interurban Tracts lying northerly of a line described as follows: Commencing at the intersection of the south line of said tract 38 with the easterly .line of Pacific Highway South as conveyed to the State of Washington by deed recorded under recording number 1996812; thence North 12'23'12" West along said easterly line 203.50 feet to the true point of beginning of said described line, thence parallel with the south line of said tract 38, South 89 "21'12" East to the East line of said tract 38 and the terminus of said line. TOGETHER WITH that portion of the Southeast one quarter of the Southeast one quarter of section 9, township- 23 North, Range 4 East, W.M. in King County, Washington, described as follows: Beginning at the Northeast corner of said subdivision; thence North 69`26'44" West along the North lint of said subdivision 172.6 feet, more or less, to the east margin of primary state highway no. 1, SSR 99, Pacific Highway South; thence south- easterly along said margin to the eat line of said subdivision; thence North 1° 45' 39" East along said line to the true point of beginning; EXCEPT that portion lying southerly of a line described as follows: Commencing at the intersection of the easterly margin of primary state highway no. 1 (SSR 99) with the east line of said section 9; thence North 12 23'12" West along said easterly highway margin a 9 distance of 50 feet to the true point of beginning of said described line; thence South 89' 21'12" East para'lel with the south Line of Block 5 in Riverton, a replat of part of Riverside Interurban 'Tracts, according to the plat recorded in volume 13 of plats, page 36, in King County, WA, to the East line of se.id Section 9 and the terminus of said line. G• Lots 12 tnrough 17, inclusive, Block 5, Riverton, T.L. 170 a replat of part of Riverside Interurban Tracts, according to the plat thereof recorded in Volume 13 of plats, page 36, in King County, Washington; EXCEPT those portions of said Lots 13 through 17, inclusive, lying southerly of the following described line: Commencing at the intersection of the south line of Tract 38 of Riverside Interurban Tracts, according 0 to the plat thereof recorded in Volume 10 of Plats, ,JD page 74, in King County, WA with the easterly line 04 of Pacific Highway South as conveyed to the State vA of Washington by deed recorded under Recording No. L) 1996812; thence North 12' 23' 12" west along said rf easterly line 203.50 feet to the point of beginning C of said described line; thence parallel with the 01 south line of said Block 5, South 89" 21' 12" east JD to the East line of said Block 5 and the terminus of said described line. O CD r( CO en CO L0I c 9 M A P T.o eii 14:.r.y1%. S (3 1.c(< lL: vu +.w Add' +'o•• E D \ 'P 1 ` \ -Z 1. -2 , Z- L 17 n D• /..k Ln'hr r1 tG.e.9 gJd:F:.n- L 2 (1) . R • ( /'? t's \\\\\.k 4{ 39 I , • • • • • • • „ 12, 4 6 (s) -T (iv I a4.'" SSTtet- — _ _ -7 Z •, -7 - • • • • • • qct- Land Surveyor's Certificate: Map on File in Vault This Boundary Line Adjustment /Lot Consolida- tion correctly represents a survey made by Direction: 40.4. 'I. 4-r of "•ap me or under my direction in conformance with the requirements of ?(.prnrripro C.... r. -'•« Per Svrv.ti ti. Name: 0AJIq, Fv•.,r 1 J AiS.c :.4.s ,3,•, Date: nu., /9, 19 s9 Certificate No. Scale: / " = /oo Stamp: • A lot consolidation does not require a survey of the perimeter unless the lines are adjusted: (29 /BLA.MAP) Page Q of 9 • • DECLARATION: Know all_ men : 'ay these presents that we, the undersigned, owner(s) in fee simple and /or contract purchaser(s) of the land h ?rein described do hereby make an application for a boundary line adjustment /lot consolidation thereof. The undersigned further declare that the attached map is the graphic representation of said boundary line adjustment /lot consolidation and the same is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we have set our hands and seals. ame STANLEY M. i9 RRAN, ustee Name Name D. MIc{tael Dunn for Sabey Consharnaction Name Name Name' Name O STATE OF WASHINGTON CAD County of King r4 f PI On this day personally appeared before me Stanley M. Overran () CD CI to me known to be the individual described in and who executed the within and O foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this /,,2 day of Qom, , 19e5 STATE OF tJASHTNf;Tf1N } County of tri'v On thi. )044. day of +T"6) A D 19iL. before me. the under• signecL a Notary Public in and for the State of Warning ton duly commissioned and sworn personally appeared D. Micha. 4 Dunn and to me known to be the President aa.l- _fiery, respectively. of c rhey C ^nz *r"ctio^ the corporation that-executed the foregoing instrument. and acknowledged the said instrument to be the free and volan• tary act and deed of said corporation. for the uses and purposes therein mentioned. and on oath stated thot_he i5 authorized to execute the said instrument and that the seal affixed is the corporate seal of .old as. Notary Public !n and the State of Washington, residing at My commission expires: /0-1( —9/ corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. e. Noffry Public In and for the State of %Yoehin gton, residing at ■• Za My appointment expireson .,S� :.LJ -961- (Aeinowl.dpn.nt by C.rpor.tten. TICnn TTn.r I.rui4Nta:ruvr.t■r orr..turunnss Farm 1.. 29) 5333297 rainier vista sewer district max werran cordelia werran AGREEMENT FOR SEWER CONNECTION :HIS AGREEMENT made this day of by and between cne RAINIER VISTA S'...4ER DISTRICT,• King Co;, Washi.lgton, a municipal corporation (hereln:_fter re- ferrad to as tree 'District), and MAX S. l:ERRAN and CGRDELLA nis wife (:,erelnafter referred to az 'Werrans ), 13 for c...e purpose of onne.:ting tne properLy of Werrans sewer system of t:AT. District. WHEREAS, t:-.e cperatel a sewer system in King ',:asui.ngton;- and WHEREAS, the Wcrrans own property In Kin: County, desdrtted as followc: (a) Tnat portion- ,f tract Intel.urL:an accarding ;:lat :.- zorded in vol::: v plats, pa,'. Kin:: County, ..6'az:.Ingtcn, lyinc and nor. descried ac follos: Le61nninE and mearec aluni ea3t. 1 .31c Ste 41; fet 1...0 St:•cct; :...t.nce at 1.:c:-e; C.C..;;IdAry .. . 7.racts, t c1a rcc,:rde..! ;..7 -. . :A;(1 :..• . :• . I:. • • • : : • . " I ....: . 4516 Pa 541. service oy tne sewer sy5te"1 or tne DistrIc- and :pcy 1i -e cc r..11 c rules, reula-lons and resolutions of t'e Dietrict, and s..all be L.e service c_srge5 eatacliened by 0 Olstric-., 1:: %..e even. of delinquency in payment ose c•arEes, r1:1 :Je te lien and foreclosure prsvialo-3s of t e O prcperL; served oj sewer ulrics in e 2.v.e (4) 7 Is ,reenent s all constit,.-e e.- en. e.0 ser,.1 c acove descriLea prepert., aro s..all Le :loci—, .po. . .. I: 11-eres: In -"at proper'. c. a ...errans. hXEC,TED niPLIC4TE . la of , : .e. "" • . ••• • EA11::FR VITA SEWER K1NC 0UTY, LG -Z16 cefo:.e p,t,)( S. WERRAN and COFtDELLA 8. WEBBAN, to 1:,e known :o IndivIthials described In and wno executed 7...e wit.,in fcregolns instrument, and a.:krowladged tnat t-ey Llexted t .e aa.ne tree and voluntan: act and deed for t:.e uses anC purposys mentIOned. •.)1V0,1 under 17,02. • T . • • ..... • • m- ..and and official seal OW./ :3,Y p iI1Ti C 17.11-737 Was:Angtor., reaIdint: a. 9403101162 DEVELOPER'S AGREement TEIS AGREE10 NT is made and entered into on September 30, 1993, by and between the City of Tukwila, a Washington municipal corporation (hereinafter referred to as 'the City') and NonStop Incorporated, a Washington corporation (here{n■r+.r referred to an 'the Owner'.) W I T H E S S E T H WHEREAS, the Owner has certain real property located at 12606 Pacific Highway South described and generally as /shown in Exhibit 'A' ('Property'), and al — WHEREAS, the Owner has applied for issuance of a building permit for the O remodeling of an existing building of approximately 6,400 square feet located on M p the Property ('Project'), and wed- CT) WHEREAS, the Project will necessitate the construction of certain off -site .icpravements ('frontal Imp =ovemente•) adjacent to the Property consistent with current City standards and THc 11.64 as further described herein, and WHEREAS, the City intanda to raconntruct Pacific Highway South adjacent to the Property at a future time after completion of the Project. NOW TSEREYORS, in considaraticn of mutual benefits and conditions hereinafter contained, the parties hereto agree as follows OD'ET XSPROVeHE? T3 1. The City has previously determined that the Project has no significant traffic impact on Pacific Highway South and nearby intersections. It is, therefor., agreed that the Owner's obligation shall be limited to costs related to the Frontal Improvements as defined herein and adjoining the Property. 2. Provided that the City issues a building permit for the Project and Owner constructs the Project, Owner shall pay the coat for Pacific Highway South Frontal Improvements including sidewalk, curbs and gutters, storm drainage revisions, firs hydrants, street lighting, paving, modification of the existing queuing lane {or nahilOs entering Owner's property and related improvements including all ewL�.esiag construction, inspection and City admini.ntrative costs relating to said improvements. N LO 3. The parties agree that the design of said Frontal Improvements cannot be determined until the design of the Pacific Highway South Road has been completed O M and further that the construction of the Frontal Improvements and Pacific Highway 0 South Road should be undertaken concurrently. It is further agreed by the parties that the s +sty will undertake the design of the Frontal Improvements and Pacific Highway South Road and that the City will consult with the Owner to ensure the reasonable needs of the Owner ars satisfied in the design. 4. The construction costs for the Frontal Improvements shall be determined by competitive bide with the costs of maid improvements segregated from the costs for the entire Pacific Highway South construction. The City shall contract for construction of all Frontal Improvements and Pacific Highway South improvements. Wham the cost for the Frontal Improvements is determined and prior to the commencement of construction of said o , econstructioninspection Owner shall pay to the City the total estimated cost including all and City administrative coots related to said Frontal Improvements. Following 2 completion of construction, final costs shall be determined and any balance due to either party shall be promptly paid. ',MOTH 4t AOREZ4 WT This agreement shall remain in effect for five years from the date of the execution of this Developer's Agreement by all parties. The Public Works contract shall be awarded by the City Council no later than five years from the execution of this agreement. pow- 1taxwat EX7MNSION$ Failure of either party to insist on the 'strict performance of any of the terms of this Agreement shall not be construed as a waiver or relinquishment of that party's right. thereafter to strictly enforce any such term, but the same shall continue in full force and effect. CD lINDINQ K??ZCT . OThis Agreement shall be binding upon the parties, their respective heirs, legal Mrepresentatives, assignees, transferee* and successors. O pct- Q7 BSCORDINO This Agreement obeli be recorded with the Xing County Auditor as requested by Chapter 35.91 RCN and the cost of said recording obeli be paid by the City. ATTORNRT$• P'SS8 In the event that either party •hall commence litigation against the other in order to enforce any term or condition of this Agreement, the prevailing party in much litigation shall be entitled to recover ita costa, including reasonable attorneys' foes. 3 ;ENTIRE AGREEMENT This Agreement contains the entire undoretandiag between the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto or to have any other force or effect. DATED this CITY ,0 By: ,{ Its: day of,Z .. ATTEST/ADTHENTICA- CND By: Cr") ., APPROVED AS • ram: .c- OFFICE OF TDB CITY ATTORNEY Q7 y H : Cif �-+� 3 193 Its: 32 s, T/^ State of Washington ) )os. county of King ) THIS IS TO CERTIFY that on this 3 4aY of , 19 43, before •• ,`3 the undersigned, a Notary Public in and for • ha State of NaiEington, du c.lanisoioned d sworn, personally appeared , to me-known to b. the P f�- / of moo-STOP, IRCORpoRATED, Lodged that hs was authorized to execute the instrument as the free and voluntary act and deed of said corporation, for the uoee and purpooes therein mentioned. WITNESS my hand and official seal this 30111day of lo: HC►7 t13LY P • :t ic in end O� State o / Washic gton Residing at )y appointmea State of Washington County of Xing the )ss. TffiS IS TO CER TITr that on this day of 42LG - , 19 $7 3, before ms, undarsignod, a Notary Public in and for the State of Was-5ington. duly ■coned and sworn, personally apps to be )mown to be the of THE CITT or TIIxWt A, and aa)mow t ha was authorised to azacute a instrument as the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. WITNESS my hand and official seal this 3 day of , 19f3 . 5 ate of Wash siding at Hy appointment asp • EXHIBIT A LOCATION OF NON -STOP, INC. BUILDING SITE o BO z,, i6 ▪ Co' • 10 8 11 1 1L • • .0 • 7e • po 13 LLi Q A O 1.-7j) 12 1,r%�,,,{i •: Q' 7Y 14 .. ,f. .iG 1 v _ r'1 0 /TAE ; ►61Pe,' • 1�9 15 1A' 13 sc • /74.d N SW ace c.4 f /00 .0 (� i, ♦� ASP° �ggl*r `1 •+' 7t /co 60 • 8Z 3o AS. . ST. 3r. • /yaw- ers �. 10 G • p�.2/ w /c< cs • n /1 /Y.I fc ‘,1-• ' Sic 6' ,to r. �' \age 2 of 2 0 • n 1 EXHIBIT A Legal Description for peon -Stop, Inc. Building Site That portion of the West 100 feet of Tract 39, Riverside Interurban Tracts, according to the Plat recorded in Volume 10 of Plats, page 74, in King County, Washington, lying East of the Easterly line of Pacific Highway South-as conveyed to the State of Washington by deed recorded under Auditor's File No. 1996812. AND TOGETHER WITH Lots 4 and 5, Block 12, Riverton Addition per Plat recorded in Volume 13 of Plats, page 36, records of King County, Washington; TOGETHER WITH that portion of vacated South 126th Street adjoining the North line of said tracts, per VAC. ORD. 5904; AND TOGETHER WITH that portion of lot 6, Block 12, said Riverton Addition, lying East of the Easterly line of said Pacific Highway South except the East 125 feet thereof. 01 North Parking Area That portion of the West 100 feet of Tract 38, Riverside Interurban O according to Plat recorded in volume 10 of Plats, page 74, in King County, Washington; more particularly described as follows: Beginning at the intersection of the south line of said Tract 38, CD with the Easterly line of Pacific Highway South, as conveyed to the State of Washington by deed recorded under Auditor's File No. 1996812; thence, North 12' 23' 12" West along said Easterly line, 203.50 feet more or less; thence North 89' 81' 12" East 120 feet more or less; thence South 1' 40' 00" West along said East line 200 feet more or less, to the South line of said Tract 38; thence North 89' 21' 12' West, along said South line 57.55 feet to the point of beginning TOGETHER WITH that portion of vacated South 126th Street Adjoining the South line of said Tract, per VAC. ORD. 5904.. LESS the North 125 feet thereof, along with easements for ingress, egress, parking, landscaping, utilities, water and telephone lines necessary to service the North 100 feet. a uvms": •rn3 .av .ia R3TV13■xS1loa °visa Matte f►v .A.VCAU . page 1. of 2 L•t =1111 3-. 1. 9210151551 • When recordeL re+u.r : a and b escrow LEASE • THIS LEASE, dated this /' —day of August, 1992, by and between The Werran Family Trust, Lu Ella Donbroski, Trustee (hereinafter "Lessor "); and NonStop, Inc., a Washington corporation, Ron Stanger and Sherry Stanger , husband and wife, and their marital community and Michael Stephens, a single t-1 1l, man (hereinafter "Tenant ") . 0 W I T N E S E T H• '4 04 1 Lease. The Lessor leases to Tenant and Tenant leases from Lessor, in accordance with the terms hereof, the Premises situated .at 12606 Pacific Highway South, Tukwila, King County, Washington, legally described as follows: 1.1 Restaurant: That portion of the West 100 feet of Tract 39, Riverside Interurban Tracts, according to the Plat recorded in Volume 10 of Plats, page 74, in King County Washington lying East of the easterly line of Pacific Highway South as conveyed to the State of Washington by deed recorded under Auditor's File No. 1996812. AND TOGETHER WITH Lots 4 and 5, Block 12, Riverton Addition per Plat recorded in Volume 13 of Plats, page 36, records of King County, Washington; TOGETHER WITH that portion of vacated south 126th Street adjoining the north line of said tracts, per VAC. ORD 5904; 0 2; AND TOGETHER WITH that portion of Lot 6, Block 12, said Riverton Addition, lying East of the easterly line of said Pacific Highway South except the east 125 feet thereof. 3 V. :g - 1 - c i 1.2 North Parking Area: That portion of the West 100 feet of Tract 38, Riverside Interurban according to plat recorded in Volume 10 of Plats, page 74, in King County, Washington; more particularly described as follows: Beginning at the intersection of the South line of said Tract 38, with the easterly line of Pacific Highway South, as conveyed to the State of Washington by deed recorded under Auditor's File No. 1996812; thence North 12' 23' 12" West along said easterly line, 203.50 feet more or less; thence North 89' 81' 12" East 120 feet more or less; thence South 1' 40' 00" West along said East line 200 feet more or less, to the South line of said Tract 38; thence North 89' 21' 12" West, along said South line 57.55 feet to the point of beginning. TOGETHER WITH portion of vacated South 126th Street adjoining the South line of said Tract, per Vacation Ordinance 5904. LESS the North 125 feet thereof, along with easements for ingress, egress, parking, landscaping, utilities, water and telephone lines necessary to service the North 100 feet. As per the sketch attached.' Hereinafter called "Premises ". 2 Business Purpose. The Premises shall be used for a restaurant, pub and eatery with a "HCEF" Liquor License (The "Liquor License ") and for.no other purpose without the written consent of Lessor. 3 Term and Option to Renew. 3.1 Initial Lease Term. The initial term of this Lease shall be for five years and shall commence on the 1st day of the first month after the Tenant receives its Liquor License, or October 1, 1992, whichever is earlier. 3.2 Options to Renew: Lessee shall have the option of UWWE: TM legal description of the Perking lot nny not be accurate. The Portico authorise the landlord or Its agent to Insert a corrected legal description. - 2 - OEM 9210151551 • renewing this lease for three additional terms of five (5) years each to run consecutively; provided the Tenant is not and has not been in default of any terms of this Lease, and that said option is exercised as provided herein. Other than the amount of the rental, any renewal shall be based upon the same terms and conditions as specified in this Lease, unless modified by mutual agreement of the parties. Written notice of exercise of option to renew shall be delivered to Lessor not later than a date three (3) months prior to the expiration date of the leasehold term or previously exercised renewal terms. 4 Base Rent. Tenant agrees to pay to Lessor at the office designated by Lessor, as rental for said Premises, the monthly base rent as follows: 4.1 For the first six (6) months: One thousand Two Hundred Fifty ($1,250) Dollars; 4.2 For the next eighteen (18) months: Two Thousand Five Hundred ($2,500.00) Dollars; 4.3 bor the next thirty six (36) months: Three Thousand ($3,000) Dollars; 4.4 For the next five (5) years: The Fair Market Rental Value of the Premises, but in no event less than Three Thousand Five Hundred ($3,500) Dollars; 4.5 For the next five (5) years: The Fair Market Rental Value of the Premises, but in no event less than Four Thousand Hundred ($4,000) Dollars; and 4.6 For the next five (5) years: The Fair Market Rental Value of the Premises, but in no event less than Four Thousand Five Hundred ($4,500) Dollars. All rent shall be payable in advance on or before the first day of each calendar month of the Lease term or any period prior or suhzequent thereto while Tenant is in possession of the Premises. - 3 • • Rent for a partial month shall be prorated. Tenant shall pay a late charge and penalty of five percent (5%), plus one percent (1 %) per month interest for any delinquent rental not paid prior to the tenth day of the month. All rent payments shall be "triple net" i.e. exclusive of any real estate taxes, assessments, utility charges, insurance, maintenance including, but not limited to the roof, walls, porches, floors and foundation, parking lot, utilities and sales, franchise, business or occupation or other tax based on rents, and should any such taxes apply during the life of this. Lease, the rent shall be increased by 'such amount. 5 Fair Market Rental value. The term "Fair Market Rental Value" shall be the actual value that a willing tenant would pay to v a willing landlord; and what a willing landlord would accept as to In rental for the Premise based on then current appraising standards. If the parties can not agree to the Fair Market Rental Value for CDthe Premises by the commencement of the third or the forth five C4 year term, t. en, the resolution shall be resolved by arbitration under the provisions of the Revised Code of Washington, RCW 7.14, and under the auspices of the American Arbitration Association in Seattle, Washington. The costs of arbitration shall be borne equally by both parties. 6 Security Deposit. Receipt is acknowledged of Five Thousand and 00/100 Dollars ($5,000.00), deposited with the Lessor as partial security for the performance of Tenant's obligations under this Lease. Lessor may at any time apply such deposit against any loss or damage suffered by reason of any default by - 4 - rJ • - J W n E n L) J U J O -, � Y .1_,_ -J - ~ W c- = = = In .- J Tenant, including the cost of cleaning and repairing said Premises but shall return any remaining part of the lease deposit, without interest, to Tenant upon expiration of the Lease. If any portion of the security deposit is used or applied by Lessor at any time, Tenant will, upon demand, deposit additional cash security to restore the security deposit to its original amount. The security deposit need not be held in any special account. In the event of performance of all the terms and conditions of this Lease without default, this deposit may, at Lessor's option, be applied to the last month's rent and any excess returned to the Lessee. This security deposit shall be forfeited in the event the Tenant does not obtain a Liquor License, or otherwise does not take possession of the Premises and commence paying rent by October 1, 1992. Ul 7 Construction and Repairs. v4 NJ 7.1 Construction. Tenant shall, at tenants' cost and Q expense, remodel the Premises in accordance with the plans and N specifications Mich shall be subject to Lessor's approval which C approval shall not be unreasonably withheld. Construction shall be under the supervision of a general contractor approved by the Lessor; shall commence no later than October 1, 1992, and shall be completed no later than November 30, 1992. Tenant shall keep the premises and the office /warehouse free and clear of all liens and encumbrances. Tenant shall post both a completion and payment bond and /or security sufficient in amount to assure the timely and completion to occupancy permit of the remodeling project; and to protect the Lessor from any liens, encumbrances or charges incurred - 5 - OF THE DOCUMENT LAJ F- as a. result of Tenant's remodeling. All improvements including kitchen equipment and trade fixtures shall remain with the Premises at the termination or expiration of this Lease. 7.2 Jepairs. Tenant shall take good care of the Premises and shall, as and when needed, make all repairs which are made necessary by the Tenant's use and occupancy of the Premises. All maintenance and repair work shall be in quality and class equal to the original work, and shall be done only at such times and in such manner as may be approved in writing by Lessor. Lessor may repair, at the expense of Tenant, any damage to the Premises or to the building of which they are a part, or to its fixtures, grounds, facilities, appurtenances and equipment caused by Tenant or caused by moving property of Tenant into or out of the Premises, or from any other cause due to the use, occupancy, negligence or improper conduct of Tenant or Tenant's employees, family, agents, customers, patrons or visitors. The cost of such repairs shall be payable by Tenant on deman..• but in no case later than the rent payment date next following the submission of a statement by Lessor. B Utilities. Tenant shall provide and pay for all water, sewer, electricity, garbage and other utilities. Lessor shall not be liable, nor shall rental be abated, for interruption of any such service. 9 Accidents. at the risk of Tenant. damage, eitherr to any by Tenant or others, All property on the leased Premises shall be Lessor shall not be liable for theft or any person or to any property, whether sustained and for any cause or reason whatsoever. - 6 - c ▪ • c J I- J 2 W ▪ L -3L) J u J Q J 1- c▪ o _▪ ■ - __ 3 zo 1 W ao = N Tenant agrees to defend and hold Lessor harmless for any and all claims or damages sustained or alleged to be sustained in or about the leased Premises by any person, firm or corporation, unless caused by the negligence of the Lessor. 10 Insurance_ During the term of this Lease, Tenant, at its sole cost and expense, and for the mutual benefit of Lessor and Tenant, shall carry and maintain the following types of insurance in the amount specified: (1) fire and extended coverage insurance against loss or damage by fire and against loss or damage by other risks now or hereafter embraced by "extended coverage", in amounts sufficient to prevent Lessor or Tenant from becoming a co- insurer under the terms of the applicable policies: •(2) comprehensive Li llI public liability insurance, including property damage, insuring to .4 Lessor and Tenant against liability for injury to persons or U G property occurring in or about the leased premises or arising out N of the ownership, maintenance, use or occupancy thereof, the 01 liability under- such insurance shall not be less than One Million ($1,000,000) Dollars for any person injury, death or accident, whether or not liquor related; and not less than Five Hundred Thousand ($500,000) Dollars for personal property damage. All policies of insurance shall provide by endorsement that any loss shall be payable to Lessor or Tenant as their respective interest may appear. Tenant shall have the privilege of procuring and obtaining all of said insurance through its own sources. Lessor and Tenant agree to waive all rights of subrogation their insurance companies may hold against each other. - 7 - 11 compliance with Laws and Regulations. Lessor shall not be called upon to make improvements of any kind to the Premises. Tenant shall at all times keep the use of the Premises in accordance with all laws and regulations, including, but not limited to, rules and regulations of any liquor control or health officer, fire marshal, building inspector or other official having authority over the Premises or the Tenant's business, at the sole cost and expense of Tenant. Tenant will permit no waste, damage or injury to the Premises, and will not use or permit in said premises anything that will increase the rate of fire insurance, nor will Tenant maintain anything that may be dangerous to life or limb; or overload floors; or permit any objectionable noise or odor; nor y4 permit anything to be done in the � Y g premises that will tend to create '4 a nuisance or disturb any other tenant; nor use or permit the use Q y-f of the Premises for lodging or sleeping purposes or any immoral or N CI illegal purpose. 12 Liens .-nd Solvency. Tenant shall keep the leased Premises and the property in which the leased Premises are situate, free from any liens arising out of any taxes, assessments, work performed, materials furnished, services, utilities, or obligations incurred by Tenant and hold the Lessor harmless therefrom including all costs and attorneys' fees. In the event Tenant becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the Tenant, then the Lessor may cancel this Lease at Lessor's option, and the Tenant shall nevertheless be liable for any further - 8 - • W 0 a 9210151551 losses or damages sustained by Lessor so caused by the Tenant. 13 Assignment. Tenant shall not assign this Lease or any part thereof, nor let or sublet the whole or any part of the Premises without the written consent of Lessor. Said consent shall not be unreasonably withheld. This Lease shall not be assignable by operation of law. If Tenant is a corporation, then any transfer of this Lease from tenant by merger, consolidation, liquidation or any change in the ownership of, or power to vote, the majority of its outstanding stock shall constitute an assignment for the purposes of this paragraph. Any assignment of the lease shall not extinguish or diminish the liability of the Tenant herein . Consent once given by the Lessor to the assignment or subletting shall not relieve Tenant from obtaining written consent to any, new or future assignment or subletting as required herein.• 14 Access. Tenant will allow Lessor or Lessor's agent access at all reasonable times to said Premises for the purposes of inspection, cle.;ning or making repairs, additions or alterations to the Premises, or to any property owned by or under the control of Lessor. The Lessor shall have the right to place and maintain "For Rent" signs in a conspicuous place on said Premises and to show Premises to prospective tenants for 30 days prior to the expiration of this Lease. Nothing herein shall be construed to require the Lessor to make repairs or mitigate any damages of the Tenant. 15 possession. In the event of the inability of Lessor to deliver possession of the Premises, or any portion thereof, at the time of the commencement of the term of this Lease, neither Lessor - 9 - • nor Lessor's agents shall be liable for any damage caused thereby, nor shall this Lease thereby become void or voidable, nor shall the term herein specified be in any way extended, but in such event, Tenant shall not be liable for any rent until such time as Lessor, can deliver possession. If the Tenant shall take possession of the premises prior to the commencement date of this Lease, Tenant and Lessor agree to be bound by all of the provisions and obligations hereunder during such period, including payment of rent at the rate stated herein. 16 Qmaae or Destruction. In the event the Premises are damaged to such extent as to render the same untenable in whole or in substantial part, and Lessor elects to repair or rebuild, the w4 work shall be prosecuted without unnecessary delay. Rent shall be W abated while such work is in progress, in the 'same ratio that the 1,17 portion of the Premises unfit for occupancy shall bear to the whole J of the lease Premises. If, after a reasonable time, the Lessor _ shall fail to proceed to repair or rebuild, Tenant shall have the right to declare this Lease terminated by written notice served upon the Lessor. In the event the building in which the Premises leased are located shall be destroyed or damaged to such extent that in the opinion of the Lessor it shall not be practicable to repair or rebuild, it shall be optional with Lessor to terminate this Lease by written notice mailed to Tenant within 20 days after such damage or destruction. 17 Sians. All such signs shall be installed, maintained, and at the termination of the Lease, removed at Tenant's expense. - 10 - • 0 0 J v 0 W v 1 18 Alterations. Tenant shall not make any alterations, additions or improvements in said Premises without first obtaining the consent of Lessor in writing. All such alterations, additions and improvements which shall be at the cost and expense of Tenant, and shall become the property of the Lessor and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, without disturbance, molestation or injury, except for any improvements that Lessor may elect to request Tenant to remove. If the Tenant shall perform work with the consent of the Lessor, as aforesaid, Tenant agrees to comply with all laws, ordinances, rules and regulations of the appropriate city or county, and any other authorized public authority. Tenant 'r'4 further agrees to hold Lessor harmless from damage, loss or costs arising out of'the said work. Tenant agrees that Lessor has the LIright to make alterations to the Premises and to the building in ,w4 which the Premises are situated, and Lessor shall not be liable for 04 C) any damage which. ^enant might suffer by reason of such undertaking. 19 pefault and Re- entry. If any rents above received, or any part thereof, shall be and remain unpaid when the same shall become due, or if Tenant shall violate or default in any of the covenants and agreements herein contained, then the Lessor may cancel this Lease upon giving the notice required by law, and re- enter said Premises, using such force as may be required. Notwithstanding such re -entry by Lessor, the liability of the Tenant for the rent provided for herein shall not be extinguished for the balance of the term of this Lease and Tenant covenants and Dr. agrees to make good to the Lessor any deficiency arising from a re- entry and reletting of the Premises at a lesser rental than agreed to herein. The Tenant shall pay such deficiency each month as the amount thereof is ascertained by the Lessor. In the event it becomes reasonably necessary to make any changes, alterations or additions to the Premises or any part thereof for the purpose of reletting said premises or any part thereof, Tenant shall also be responsible for such costs. 20 Aron- waiver. The failure of the Lessor to insist upon strict performance of any of the covenants and agreements of this .4 Lease, or to exercise any option herein conferred in any one or Y J In more instance, shall not be construed to be a waiver or relinquishment of any such, or any other covenants and agreements, 0 but the same shall be and remain in full force and effect. 01 21 Costs and Attorneys' Fees. All costs and expenses, including attorneys' fees in a reasonable amount, incurred by Lessor or by Tenant in enforcing the obligations of Tenant or the lessor under this Lease, shall be paid by the defaulting party to the prevailing party upon demand. 22 Removal of Property. 22.1 In the event of any re -entry or taking possession of the lease Premises for default, the Lessor shall have the right, but not the obligation, to remove from the lease Premises all personal property located therein, and may store the same in any place selected by Lessor, including by not limited to a public warehouse, at the expense and risk of the owners thereof, with the - 12 - 1 9210151551 right to sell such stored property, without notice to Tenant, after it has been stored for a period of 30 days or more. The proceeds of such sale to be applied first to the cost of such sale, second to the payment of the charges for the storage, if any, and third to the payment of any other sums of money which may then be due from Tenant to Lessor under any of the terms hereof, the balance, if any, without interest to be paid Tenant. 22.2 Tenant hereby waives all claims for damages that may be caused by Lessor's re- entering and taking possession of the Premises or removing and storing the property of Tenant as provided in this Lease, and will hold Lessor harmless from loss, costs or damages occasioned by Lessor thereby. No such re -entry shall be considered or construed to be a forcible entry. 23 Termination for Government Use. In the event that any federal, state or local government or agency or instrumentality thereof shall, by condemnation or otherwise, take title or possession or thi right to possession of the premises, or any part . thereof, the Lessor may at'its option terminate this Lease as of the date of such taking, and if the Tenant is not in default under any of the provisions of this Lease on said date, any rent prepaid by Tenant shall to the extent allowable for any period subsequent to the effective date of the termination be promptly refunded to Tenant. 24 Transfer by Landlord. If Lessor shall assign its interest under this Lease or transfer its interest in the Premises, Lessor shall be relieved of any obligation accruing hereunder after - 13 - Alb THE DOCUMENT LA- O - J VI 1- such assignment or transfer, and such transferee shall thereafter be deemed to be the Lessor hereunder. Lessor shall transfer Tenant's security to such transferee, and Tenant shall look solely to such transferee for the return of such deposit. 25 } fairs and Successors. Subject to the provisions hereof pertaining to the assignment and subletting, the covenants and agreements of this Lease shall be binding upon the heirs, legal representatives, successors and assigns of any or all of the parties hereto. 26 Holdover. If the Tenant shall, with the written consent of Lessor, holdover after the expiration of this Lease, such tenancy shall be for an indefinite period of time on a month-to- r4 month tenancy, which tenancy may be terminated as provided by law. 1l9 During such tenancy, Tenant agrees to pay to the Lessor the same w4 • rental as provided herein, unless a different rent is agreed upon, • and to be bound by all of the applicable terms and conditions of 01 this Lease. 27 Subordination. This Lease is subordinate to all present and future mortgages, deeds of trust and other encumbrances affecting the demised Premises or the property of which said Premises are a part. Tenant agrees to execute, at no expense to Lessor, any instrument which may be deemed necessary or desirable by the Lessor to further effect the subordination of this Lease to any mortgage, deed of trust or encumbrance. Tenant irrevocably appoints and constitutes the Lessor as the true and lawful attorney -in -fact for Tenant at any time in Tenant's name, place and - 14 - stead, to execute property subordination agreements for this purpose. 28 Mutual Release and Waiver. To the extent a loss is covered by insurance in force, the Lessor and Tenant hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against under their respective fire insurance policies, including any extended coverage endorsements thereto; provided, that this agreement shall be inapplicable if it would have the effect of invalidating any insurance coverage of the Lessor or the Tenant. '4 29 JIot ,.ces. All notices to be given by the parties hereto » shall be in writing and may either be served �-1 g Y personally or may be v4 deposited in the United States mail, postage prepaid, by either C v4 certified mail with certificate of mailing obtained or by regular N en mail, and if to be given Lessor, to be addressed to the Lessor or Lessor's agent, or if to be given Tenant, may be addressed to Tenant at the 1eAsed premises. 30 First Right of Refusal. At any time during the Lease term, or any extension thereof, the Tenant shall have the first right of refusal for any bona fide offer to purchase the Premises. The Landlord shall give the Tenant written notice of. such an offer, which the Tenant shall have fifteen (15) days to accept, in all respects. The Tenant must also provide the Landlord with proof of its ability to close on the same terms and conditions as the bona fide offer. This provision shall not apply to any transfers of the North 125 feet of the North Parking Lot; or of the Premises to, - 15 - 9210151551 • between or among members of the Cordelia Werran family, nor to an offer from the Boeing Company, or any related entity. 31 Special Provisions Relating to the North 125 Feet of the North Parkins Lot The Landlord has retained the North 125 feet of the North Parking Lot for its future development and use. Until such time as the Landlord desires to develop or use this portion of the North 125 feet of the North Parking Lot, the Tenant may use it without charge, provided that it shall maintain, insure and pay all taxes and assessments thereon. The Tenant further agrees to execute and deliver, at Landlord's request, any and all documents reasonably required by the Landlord to effectuate a lot line adjustment to the North 125 feet and to assure use of that portion of the North Parking Lot for commercial purposes. 32 Riders. The riders, if any, attached hereto, are made part of-this Lease. IN WITNESS WHEREOF, the Lessor and Tenant have executed this Lease the day a,d year first above written. LESSOR: THE WERRAN ILY TRUST By: Craig S. Sternberg, attorney for the Werran Family Trust - 16 - NON -STOP, INC. Bye Michael A. Stephens, President 9210151551 By: By: By: Michael A Ron D. Stanger STATE OF WASHINGTON ss. COUNTY OF KING ! ) On this 1/ day of August, 1992, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned a.1d sworn, personally appeared MICHAEL A. STEPHENS, to me known to be the president of Non -Stop. Inc., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath state that he was authorized to execute the said instrument and that the seal affixed, if any, is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first written above. AG , Notary Public in and for the State of Washington, residing at: k,.L /<. J L -,4- My commissi'on expires: 1-/-/---9-r - 17 - .t. r} STATE OF WASHINGTON COUNTY OF KING ) ) Ss. On this /1, — day of August, 1992, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared CRAIG S. STERNBERG, Trustee, the individual desiring to execute the foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said individual as the attorney for the Overran Family Trust, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. In In v4 LO C L2 STATE OF WASHINGTON CI ) COUNTY OF KING ) ss. On this 5 'day of August, 1992, before me, the undersigned, a Notary Publi•- in and for the State of Washington, duly commissioned and 'sworn, personally appeared ON 0, STANGER an4 SHERRY L. STANGER, the individuals desiring to execute the foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said individuals, for the uses and purposes therein mentioned, and on oath stated that each is authorized to execute the said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. az- Notary Public in and State of W shington, at: K,,4j.r,.r GG4- My commission expires: for the residing - 18 - Notary Public in and for the State of Washington, residing at: /4ai.4../, " My commission expires: 'I;i -y; 4 _,... STATE OF WASHINGTON COUNTY OF KING ss. On this [� day of August, 1992, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared MICHAEL A. STEPHENS, the individual desiring to execute the foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said individual, for the uses and purposes therein mentioned, and on oath stated that each is authorized to execute the said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. Notary Public in and for the State of Washington, residing at: kick / ""; v4 My commission expires: l O vJ N - 19 - IT IS OUETO THE. QUALITY OF THE DOGUMENT• 9210151551 _ . - _ - •�. .a. • •••' /.• , aio • • Let C`it� n JI► K 1 •r.11 1 •. .1.•t • sa•z�n•_._.. • • sonied pint to ow WASHINGTON UNIFORM COMMERCIAL CODE, WNG 283.4S ( 11 -86) ❑ LEASE • This Nog 1s for ntolmslooal pulal0301 only The terms debtor 1100 secured Party no to be construed as LESSEE aro LESSOR ❑ CONSIGNMENT • Thos Nov is la Inlonrabon.I curposos Onhr The Isms Oebl0r and snouted party aro to b0 COKa11r00 03 CONSIGNEE and CONSIGNOR 1 DEOTOR(S) for oid9n0,(s)) pass nan.e mitt and ro0,osolesp NON -STOP, Inc. GSA: NON-STOP BAR & GRILL 12606 PACIPIC HWY 8 TUKWILA, WA 98168 a GCCURCD PARTY (namo and aabro -a) 2 FOR OFFICE USE ONLY 3 NUMBER OF ADDITIONAL SHEETS ATTACHED. V l (( W 7! 30( WASHINGTON NATURAL GAS COMPANY 815 MERCER ST. SEATTLE; WA .98109 S. ASSIGNEE(S) d SECURED PARTY(lE5) Pl acpueablo) post ramp IAN. and a0orea(e,0 0 Tno FIXTURE FILING covers Um 101'atwVlg typos or Mans 01 Wpperty: Ca1.4` goods are 100acomo 141Wn On... ❑ The pr20*1ry r greener standup co ... O ❑ The INFOorly b Nneray 01 Polka pnc40.9 pas ad t1 u 10 L f nOd al Ind wo t:mad a ~ahead of the wen 07 70100 bCaled on Q) ID.'cr°a RIVERSIDE INTERURBAN TkS Volume: 010 Page: 074 r4 LOT 39 Lr co POR OF TRACT 39 OF RIVERSIDE INTERURBAN TRACTS LY ELY OF PACIFIC HWY SOUTH TGW LOTS 4 6 5 OF EILI.: 12 OF RI VERTCIIJ ADC' V. TGW ENTIRE 40 FT IN WIDTH .% OF VACATED 5 126TH ST AUJ 0 BDRYILINESADJENO} 89- 6ABLAPRECORDIINGFNO1891 )91612601LA al al Tno lea W re Mtn r to loo Ned too record In the real estate records. 11 Ile donor does 4701 Nov an interest 01 record In dq realty. the IN1 70 of a record owner Is Proaucls of Collateral are also combed. 7 RETURN ACKNOWLEDGMENT COPT 10. WASHINGTON NATURAL GAS COMPANY 815 MERCER ST. SEATTLE, WA 98109 J FILE FOR RECORD WITH COUNTY AUDITOR OF COUNTY IN WHICH REAL PROPERTY 13 LOCATED 8 Tn., stateroom is s.gnod by the Secured Partners) ennead 0l the Deblons) to perfect o 501 u7Ity imams, In collateral Maass check Opp,Op7Llle Doc) la) ❑ already :u0le01 10 a 3ecr„1y boom 1 in another (url00Cbon when 11 was brought into 1Ns slate. or when the debtor's beaten was carped 10 7110 slate. or (b) ❑ when 7, p7ococds 01 Ire orp+.l coaalerol ReseNsed Obove In-which a oocu,lfy interest was Fling once whore 1100 Canplola bray a boa PT) Is checked. canpfale as appbcabro for (*). (n). and Ic) Original recording number 1 portocloO. or (cs ! _ �-� J as 10 wn.ch !no Meng ha, lamed. 01 G7 10 •cquired allot a change or name. IC0nlIy 0, corporal* stIJCIUIO 01 1h0 0007or1s) Forms, name of 00010.(7) • TYPE ATM FDE:T .)(o ..y • AE .1 -lt'- , SIGNAT E(S)OF DEOTOR(S)(or a•- . ) USE IF APPLICAOLE: WASHINGTON NATURAL GAS COMPANY TYPE NAME(S)OF SECURED TY SIGNATURE(S)OF SECURED PARTY JUL ''1 3 1993 10 1ERMINATION STATEMENT: TAO SECURED PARTY(IES) cerldes Ihal ltd SECURED PARTY(Es) no longer clams • becunry +11Bes1 undo, Ina boom, long bear o9 r e '00074479 Mumbo, Shown 0007*. NAME DATE flohwn (0. COUNTY AUDITOR W County where ongool IanyrecoiWg was 01.100 SIGNATURE COPY 1- COUNTY AUDITOR WASHINGTON UCC•2 FIX TURF FIL ING f ORU APPROVED FOR USE 1N THE STATE OF WASHINGTON 00'1 Nd TOO SG210733 9113 2 py DOIE2101 0611 -8216 y • i tt 1 • 9806231656 Return Address: PuCsEr tsou.uo EIQ,c -►l Po L? ox 1 <ocaco 7-15 coil q pAir1 UCC 5 CHANGE FORM (County Audk«) t.deoaa Wen rtr IqW W b7 {d wrb/uii.e 34■• Atdtd✓ildmerdere Office- f ic.. (IGW $ 1..nd RGM- a..M> 1/1171 (ylw. prim WI maw nrto R.farcnc.. (If applicable): Debtor(a)44./.. ai ):(1)OW—SOP le10Q.4 6QIL . (2) Addl'.onpg — Secured Party(Ir-) (Assign..): (1) LUCIU likrTO&I f.) J12HL GAS (2) Add'. on pg _ legal Description (abbreviated): QWtSI bt I UT62Ueel & 'Te .3c I- L .4 t B. (2__ Add)'. legal la on pg Aaseeaor's Property Tax Parcel /Account a —7344 O(..0 O ^C)(pO- 1. Debtor(.): (but name first. and mailing addreea(..)) 2.S.cured Party(fe.) and address(es): N ol.) -STOP aD Q #- 6.2 I (-L. j -2-LoQ (o PAC. FIG 11W' S, P() CDEr , `Sp()oo E0 ,r., Pct &2 O?(- 11 Dins, 'w-rie.omA LW q B40 3. Assignee(.) of Secured .. ty(ie.) and eddiess(sa): 4. Thla statainont refers to original UCC-2 n-.tmb.r q 3o72.8 11 QO ),ate 07 2-8 - 93 s. ! I Number of additional shoats attached: e. CONTINUATION. The original UCC -2 between the foregoing Debtors) and Secured Psrty(1..) bearing auditors receiving number shown above 1• still effective. ) PULL ASSIGNMENT. All of the Secured Party's right. under the UCC -2 bearing auditor. receiving number shown above have been aestgned to the Assignee(•) whose NAME(S) AND ADDRESS(SS) APPEAR ABOVE. I PARTIAL ASSIGNMENT. The Secured Party'• rights under the UCC -2 bearing auditors receiving number shown above to the property DESCRIBED BELOW have been ..signed to the Assignee(a) whose NAME(S) AND ADDRESS(ES) APPEAR ABC'VB. f i AMENDMENT. UCC -2 bearing auditors receiving number •bown above la amended AS SET FORTH BELOW. 1 ! PARTIA' RELEASE. Secured Party(lee) releases the collateral DESCRIBED BELOW from the UCC-2 bearing auditors receiving number shown above. I 1 TERMINATION. Secured Party(fes) no longer claims a security Intereef under the UCC -2 bearing auditors receiving number shown above. laauaC • 01r015 row. Mummy Amts.., Oweesl.aw. L.e.f BMW. Inc.. 11.-.Ws. WA Pone N. UCC • 1/117 )aATDYAL MAY NOT BE REPRODUCED IN WHOLE Urt w PART AI ANY FORM WMATSOaVt . -• - DESCRIPTION: • • • • Corn & oG P1 u4 S'"r mE+� 7. DATED: OS -2Q -48 Auo(JsTdP 4112 TT71 NA►B(S) OI DLTOSIS) (r rSlpes01) SIGNAT1J7.106) 0/ Ot>•TOS(S) (r . mign.r(r)) (A.pds.I )1 eru1wts1) POCLET.' 80viD E()E .&J &ka) (4 ASi.I t .;IcaTo a) &) tsro GAS TYPE NA10(S) Or MCCUE= IAATT(R7) (or YS N(S)) SIGNATURE 01 !INCUR= TAITT(017) (r r iper(.) 20000530001746 VAL VUE SEWER DISTRICT 14816 Mtl)tary Road S PO Box 69550 Seattle, WA 98188 ' I'll IIJ I II' j,'ll 8 a0 a°aiasi iai sa 02 KING Ty, UA NOTICE Or CLAIM OF LIEN GRANTOR CORDELia WERRaN GRANIEL VAL VUE SEWER.DISTRICT PROPLRTY ADDRESS )2606 PACIFIC HWY S KC TAX PARCEL # 734060 -0602 V xi Vut ACC r ft 760509 AMOUN r OF Lit h S4453 07 Li (,n1_ DI S( kip I ION LOT 39 & RIVERSIDE INTERURBAN TRS OF TRACT 39 OF RIVFRSIDF Lt TERIIRBAN 1RJ CTS LY ELY OF PACIFIC HWY S TGW LOTS 4 & 5 OF BLK_I2 OF RIVER FON ADD TGW FNTIRF 40 FT IN WIDTH OF VAC'ATFT) S IA? ST AT)I ,/, C'ONTTNGUOUS THFRFTO - AKA PARCEL B OF CITY OF TUKWILA BDRY LINE ADJ NO 89 -6 BLA RECORDING NO 8908161260 to VAI Vl'T SI WI R DISI RI( 1. A MUNICIPAL CORPORATION Of KING COL/N1Y. WASHINGTON. 111 RFnY (1 RIIfIf S IIIAI SI WI R SFRVI( 1 S WI RI AVAII ABI F TO 1111 OWNERS AND RFAI PROPER' II S I ISTFr) AHOVI \NH II IA I SI WI RA(,1 DISPOSAI (.1IARGLS OR 11 WER CONNI C1/ON CHARGES 1001 111f R WI I 1 1 PFNAI 111 S AND IN 11 RI SI AR/ C I 'RR I VII OF INOUI N I AND. TIIFRI'FORE A LIEN. SUPERIOR TO AI I OTIIF R CLAIMS, FNCUMBRANCFS. AND 1 II NS 1 XCI PI ON! 1 1I IF I It N 01 (,f_NI RAI TAXES. IS HFRFBY Cl AIMFD PURSUANT f0 RCW 57 08 081 AGAINST I1IF RI Al PROPLRII LIS11 I) ABOVE, IN x111 AMOUNT 01 fllE DFI INQl1FNCIFSSITOWN C.") ,r PI1ASI IAf,l NOIItI 1HAT I L SAID CURRENT DLI INQt1FNCI1S CANNOT BF 11I1II D UPON TOR 1111 PIIRPOSI 0I- SA 1 1S1 YIN(, 1IIf DIS 1 RIC 1'S I (FN FIITIIRI C IIARGFS, PI NA1 TIES. AND INT! RFS1 WII I II ,NPAID Hr AI)1)1 1) 11) 1111 1)1 1 INQ111 N( II S Sl Cl Rf D BY MT Al ORFSAID 1.11 NS, AS WI1 1 All (OS15 AND 1)11111 IRS! MI NI5 AI 1 OWI 1) Iii' 5IA11111 O 1 1 5 1 ' 1 1 IN I ()RI C 1 051IR1 HY CIVIL AC rION IN TI I KIN() COON I Y St.PI R1OR COI R 115 COMMI NC) D N Tin Dm R. F RI Sf:RVF S THE RIGH 1 PURSUANT TO RCW 57 08 081 f0 ( U 1 014 WW1 R SFRVI( 1- TO ANY OR AI 1 01 T111 AHOVf_ 1 IS I1 1) REAL PROPFRTIES 1 CL R I /NY OR DEC ARC LINDFR PENALTY OF PERJURY UNDER THI LAWS Of THE STA1 E OE WASHING 1 ON THAT 1111 I ORN601N0 IS TRUE AND CORREC r DA' LD 1 HIS ?d `OAY OF MAY 2000 >&4/) General Manager, tehch Manager. Dana Dick VAI Vt11 SI 1.1.1 R DISrRI( 1 SI All OF WASHINGTON) Ks C0t.N11 01 KING 1 1 certify that 1 know or have satisfactory evidence that DANA DICK is the person who appeared before mt. and aa,d person a..lnuwlcdged that he signed 1 strument, on oath stated That he was authonzed to execute the instrument and acknowledged et as the Manager /Assistant Manager of t�1rhL►J,gjstrtat to be the tree and voluntary act of such parry for the use) and purposed menunncd in the instrument ,,•,�%pp,.�N ....... A, as�I • O t( 0 7Nttr ess m hand and office )cal this Li da)`of J 1 �_ 200 •rt F.177'....‘ co Ch uery Pubin. to and for the State of WA resident: at Scan is ' ,C Sim 5" -tia _. -ra..: . Brim Name 1;A nu 1 1 N IHAWORTH #100 . 4./4 ... }.1....41 My Appointment expire. UIlW/2Q42 • STATE OF WASHINGTON COUNTY OF KING • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan cr.ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss The undersigned being duly swom and upon oath states as follows: I. }at", t e current owner of the property which is the subject of this application. it or its 2. All statements contained in the applications have been prepared by me -er-mr agents and are true and correct to the best of my- it s knowledge. Owner t s 3. The application is being submitted with-rrty 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 12606 Tukwila International Blvd.. Tukwila, WA 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 at Seattle (city) Wash:. (state), on November 21 , 2000 International Gateway East III LLC (Print Name) 12201 Tukwila International Blvd. 4th Floor (Address) Seattle, WA 98168 -5121 (206) 281 -8700 (Phone Number) By Sabey Corporation, Manager (Signs ames N Marmon, CFO of Sabey Corporation On this day personally appeared before me James N. H. -i On to me known to be the individual who executed the foregoing instrument and acknowledged that he/DSXsigned the same as his le voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS CD"/ DAY OF November, 2000 MARY A. HALL STATE OF WASHINGTON NOTARY -- --- PUBLIC MY COMMISSION EXPIRES 12 -19 -01 VILLA. I ��Ii� NOTARY •UBLIC in an . the State of Washington residing at seattdle My Commission expires on 12/19/01 CITY OF TUKWILA NOV 2 7 2000 PERMIT CENTER lb • CITY OF TUKWILA SEPA Department of Community Development RECEIVED ENVIRONMENTAL 6300 Southcenter Boulevard, Tukwila, WA 9818gITY OF TUKWILA REVIEW T T VIEW Telephone: (206) 431 -3670 FAX (206) 431- 366S 2 O �000 E -mail: tukplan(t�ci.tukwila.wa.us NOV N PERMIT CENTER APPLICATION FOR STAFF USE ONLY SIERRA TYPE P-SEPA - Planner: b ra n ,n File Number: c 2 000 —03 i Application Complete (Date: Al zz I0(.)" Project File Number: Application Incomplete (Date: ) Other File Numbers: T Q.fl 1 NAME OF PROJECT/DEVELOPMENT: DeMOb T o/3 or- 1•1o,J &TOP S`7'ANGZl T LOCATION OF PROJECT/DEVELOPMENT: (Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL 10 DIGIT PARCEL NUMBERS. 2-606, te- J t L 1 N`i 1 7nWhi- .»I/ , 1°2v p Quarter: SW Section: CA Township: 2-3N Range: It Bnt ( ) (This information may be found on your tax statement.) 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. 1-'lrj44-(til J D Name: Address: • Iffigg - l 1► menus- WA 98168 Phone: ze.co '277 — 5 21'1 FAX: 1-04,-2, 61-0910 Signature: G :WPPHAMLANDUSE.APP\SEPAAPP.DOC, 06/16/00 Date: t i J O O • • pd -,2o COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact the Department if you feel that certain items are not applicable to your project and should be waived, or should be submitted in a later timely manner for use at the Public Hearing (e.g., revised colored renderings). Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED, TO ENSURE CONSISTENCY WITH CITY DEVELOPMENT STANDARDS. Department staff are available to answer questions about application materials at 206 -431 -3670 Department of Community Development and 206 -433 -0179 Department of Public Works. COMPLETE APPLICATION CHECKLIST TABLE Information Required. May be. waived 'in unusual '. cases, upon approval :of both.Public Works: and ; Planning Information Waived PbWk / Ping Office Use Only ' . Comments &::'Conditions APPLICATION FORMS: i._!.- pplication Checklist: one (1) copy, indicating items submitted with application. 2. Four (4) copies of supporting studies with original signatures and license stamp as needed. �t AfA- 3. Complete Application Packet: Six (6) copies of application form and full sized plans, one set of all plans reduced to 8.5" by 11" (High Quality Photo Reduction) and other materials and information as specifically listed in Project Description and Analysis, Site Plans, Landscape Plan and Elevations. �+ 4. SEPA Environmental Checklist (6 copies) and fee ($325). V PUBLIC NOTICE MATERIALS: 5. King County Assessor's map(s) which shows the location of each property within 500 feet of the subject lot. SUBMIT ONLY IF UNDERLYING PERMIT REQUIRES PUBLIC NOTICE. Two (2) sets of se .. ' • - • - . r all property owners,/ '� SUBMIT ONLY IF UNDERLYING PERMIT REQUIRES PUBLIC NOTICE. • A 4' x 4' Public Notice Board will be required on site within 14 days of the Department determining that a complete application has been received. d tints (residents and businesses • •*n 500 feet ofthe su.Iec pr.p . ee - . c:--- aterials. Note: Each unit in multiple - family buildings -e.g. apartments, condos, trailer parks must be included). PROPERTY INFORMATION ,Vicinity Map with site location. %Surrounding Land Use Map for all existing land . uses within a 1,000 foot radius from the lot's property lines. ■ ille Report -- Clearly establish status as legal lot(s) of record, ownership, all known easements d encumbrances. yid of lines for 300 ft. from the site's property lines including right -of -ways. �- ✓(J twito Ou t ( G:\ APPHAN\LANDUSE.APP \SEPAAPP.DOC, 06/16/00 • • Control No. Epic File No. Fee: $ 325 Receipt No. ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: DEMOLITION OF NON -STOP RESTAURANT 2. Name of applicant: Intemational Gateway East, LLC 3. Address and phone number of applicant and contact person:, 12201 Tukwila Intemational Blvd, Fourth Floor, Seattle WA 98168 -5121. 206 - 281 -8700 Haynes Lund, A.I.A. 4. Date Checklist prepared: November 17, 2000 5. Agency requesting Checklist: City of Tukwila . 6. Proposed timing or schedule (including phasing, if applicable): Winter 2000 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Temporary use for parking 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None 10. List any government approvals or permits that will be needed for your proposal. SEPA, Demolition Permit, Haul Permit, PSAPCA Approval 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Section E requires a complete description of the objectives and altematives of your proposal and should not be summarized here. Existing vacant building to be demolished. Replace with crushed rock surface for temporary parking. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 12606 Tukwila International Blvd, Tukwila WA 98168. Legal description on Drawing D1.0 13. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? No TO BE COMPLETED BY APIANT • Evaluation for Agency Use Only B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): slopes, mountainous, other rolling, hilly, steep b. What is the steepest slope on the site (approximate percent slope)? 3 %. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Unknown d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Cut: 0 yards, fill: 100 yards (foundations + driving surface.) f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Before: 100 %, After: 100% h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Temporary erosion control at east due to adjacent slope. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Normal dust/smoke from construction activities. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No c. Proposed measures to reduce or control emissions or other impacts to air, if any: Offsite (Tukwila International Blvd) street cleaning if necessary. . Water a. Surface • • 1) Is there any surface water body on or in the immediate vicinity of the site (including year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Riverton Creek 400 feet to east. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. No 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. No 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. No 2) Describe waste materials that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agriculture; etc.) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Existing storm water collection system. Will not alter. 2) Could waste materials enter ground or surface waters? If so, generally describe. Oil from vehicles. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Existing storm water collection system. 4. Plants a. Check or circle types of vegetation found on the site: - 4 - Evaluation for Agency Use Only • • ❑ deciduous tree: alder, maple, aspen, other ❑ evergreen tree: fir, cedar, pine, other ❑ shrubs ❑ grass ❑ pasture ❑ crop or grain ❑ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ❑ water plants: water lily, eelgrass, milfoil, other ❑ other types of vegetation b. What kind and amount of vegetation will be removed or altered? None c. List threatened or endangered species known to be on or near the site. Salmon in Riverton Creek. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. Salmon in Riverton Creek. c. Is the site part of a migration route? If so, explain. No d. Proposed measures to preserve or enhance wildlife, if any: None 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None - 7. Environmental Health -5- • • a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No 1) Describe special emergency services that might be required. None 2) Proposed measures to reduce or control environmental health hazards, if any: None b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None 2) What types and levels of noise would be created by or associated with the project on a short -term or a long -term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short term. Continued traffic use from site. 3) Proposed measures to reduce or control noise impacts, if any: None 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Parking lot for adjacent construction projects. b. Has the site been used for agriculture? If so, describe. No c. Describe any structures on the site. Existing vacant restaurant d. Will any structures be demolished? If so, what? Yes. Existing 6591 sq. feet restaurant (vacant). e. What is the current zoning classification of the site? C /LI f. What is the current comprehensive plan designation of the site? C /LI g. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any pare of the site been classified as an "environmentally sensitive" area? If so, specify. Adjacent to site steep slope, Riverton Creek. i. Approximately how many people would reside or work in the completed project? None j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: N/A I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: None - 6 - Evaluation for Agency Use Only 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing? N/A b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. N/A c. Proposed measures to reduce or control housing impacts, if any: N/A 10 Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? None b. What views in the immediate vicinity would be altered or obstructed? None c. Proposed measures to reduce or control aesthetic impacts, if any: None 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Temporary night time lighting in place b. Could Tight or glare from the finished project be a safety hazard or interfere with views? No c. What existing off-site sources of light or glare may affect your proposal? None d. Proposed measures to reduce or control light and glare impacts, if any: None 12. Recreation a. What designed and informal recreational opportunities are in the immediate vicinity? None b. Would the proposed project displace any existing recreational uses? If so, describe. N/A c. Proposed measures to reduce or control impacts" on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. No b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None -7- c. Proposed measures to reduce or control impacts, if any: None 14 Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Tukwila International Boulevard at west property line b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes, 100 feet c. How many parking spaces would the completed project have? How many would the project eliminate? Add: 25, Eliminate: 0 d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Estimated 50. 7am to 4pm g. Proposed measures to reduce or control transportation impacts, if any: None. Temporary use. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No b. Proposed measures to reduce or control direct impacts on public services, if any. None 16. Utilities a. Circle utilities current) available he site: electricity _water. refuse service, C_■iy_e septic system, other sanitary b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None C. Signature The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. - 8 - Signature: Date Submitted: PLEASE CONTINUE TO THE NEXT PAGE. Evaluation for Agency Use Only TO BE COMPLETED BY APP ANT • D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for govemmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Proposed measures to protect such resources or to avoid• or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with exiting plans? Proposed measures to avoid or reduce shoreline and land use impacts are: How does the proposal conform to the Tukwila Shoreline Master Plan? 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. Evaluation for Agency Use Only • • 8. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what policies of the Plan? Proposed measures to avoid or reduce the conflict(s) are: Evaluation for Agency Use Only TO BE COMPLETED BY APPOANT • E. SUPPLEMENTAL SHEET FOR ALL PROJECT AND NONPROJECT PROPOSAL The objectives and the alternative means of reaching the objectives for a proposal will be helpful in reviewing the aforegoing items of the Environmental Checklist. This information provides a general overall perspective of the proposed action in the context of the environmental information provided and the submitted plans, documents, supportive information, studies, etc. 1. What are the objective(s) of the proposal? 2. What are the altemative means of accomplishing these objectives? 3. Please compare the altemative means and indicated the preferred course of action: 4. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what policies of the Plan? Proposed measures to avoid or reduce the conflict(s) are: Evaluation for Agency Use Only existing land use map pacific view office park sabey corporation 0E Off.. I T I ON of NON-STOP RESTAURANT f3u I LD ING� � I FIEOEIVED CITY OF TUKWILA NOV 2 7 2000 K u123] 12" RCP 5 120.6' 12" RCP N 1206' C6 RN 125.2" 2 1 12" R 1233' 1E 12" R CP N 123.3' EASdENT IR WATER MAIN A TO KIN I COU R TY WATER DISTRICT\ NO. 20 C. NO. 5978827 IEMOYE 6645 TER P CAP SPRY LSE OD 61EADE REMOTE ELECISir a: PO BRACH L Rlu 126.7' 1 12" RCP 5 126.7' 1 " RCP N 1267' REMOTE ALL 00!70 06066 AND 0{EEL IMPS R■N 130.6' C Q CNANM1 126.6' 1.5015 OF DEIOLITIOII SO RG PROM! TEF NDIARY F005 TO OEO40? OBY1L111p1 AEA N 02.5' 6• PVC E 130.51 E 12" RCP N 1305. E 13" RCP N 130.5. RELIN ■MEN :, • t QD'IDCMN 91111 17S1C 154o.tors5 FLOOR DC5. OLALIAI EG MMS' Q SGNA E ! O, 7. FRONDS L 4` D SIYlAC2tl�1 or ASONAI 1.6406 %mot_ f 714G RET14610 wN uC E 6" TC N so 6. 691E ACCESS FOR DEYL asIP LOSS CAS AK MAN NN 644 RIO 137.5 IE 12" RCP N 134.9' O AMUSE LIP SAN AS R NE MOM. • _. WA • W IN[ NAM Nett MS=IO[ MAMA 1111 CA101 SAM • �RaN ,� N6N.oI1 LEGAL CEEIC PION PE 1IUNBMTI314 TILE I'®IRUPICE CCIPANYI PeSQLA LOTS 4 AND 5 59 aOM 12 OF WYLRTDI AC C41101. AS PER PAT RECODED M 740J40 13 OF PAT5. PACE 36. RECORDS OF KING CORITT. TOGETHER 611N MAT PON41 OF TRACT 36 0 MEM= RITCRL66AR TRACTS LING EASIENLY 0 PAOFIC 4064.5647 SORN. TOGETHER 0144 I143 WIRE 40 FOOT 140114 OF YACMED 5O41114 126TH STREET 4034011 MID DIIT4104 114C5076 (ALSO 040 OOR4 AS LOT 6 0 6006112ART LIE AOAATNOT 66 611-6-A* 4000 CCO WOOER MC COUNTY REL'O1C010 640. 6505161260(4 SIWIE N RE OT1 Or 5641664 MATT Or 6464 STATE 0 6A3•14GTOI. EASELS LOTS 1. 2 AIO 3 N A00R 12 OF MERTON 40704. AS PER RAT RECORDED N 01060 13 OE RAI5. PACE 36. RUpOS 6 IMO CO M 100050 •N 0E ENTRE 40 TOOT 00114 CV vACAIEO 30I114 13601 5)04T ADJACDIT Mo CON110p15 1101(1)5 (050 ROM 04004 AS LOT C 0 II0ID41M0 LM AOJAIYOT 110. 66 -6-3064 5001400) 0004 I065 COUNTY 4050340 646 64061612602 SWAN N 114E OTV 0 RACR64 COUNTY Or 004. 5TA1E 0 6g50101O1 DBI0.RION NOiE8 L AMA OF DEM0.DION WIC 16 ENTIRELY COVERED BY EXISTING PINERRVIOUS SURFACES EXISTING CATCH BASSO AND STORI DRAINAGE SYSTEM LILL RIEMAN N PLACE. PROVIDE TEFWRARV FILTERS OR PROTECTION FOR STORM DRAW TO PREVENT SILTATION ARID C7748716JCS0N DEBRIS FROM MEMO t1E STORM DRAINAGE SYSTEM. 1. ASCIESTO6 REMOVAL TS COVE ED HIDER A SEPARATE PERM OEM PUGET SOLD AIR POLLUTION CONTROL AGINCY. 5. CONTRACTOR SMALL MEET 55114 061110900416 REPRESENTATIVE PRIOR 50 OCIIIENOND DEMOLITION IOW CONTRACTOR SMALL SALVAGE FOR 11• 0YER ALL ITEMS 50 DESIGNATED BY 110 002ER'S REPRESENTATIVE l ALL 01010J51ED MATERIAL SMALL BE I®174ED FROM SSE N A TIMELY HAH6t MATE6AL SMALL CE DISPOSED CC N AN APPROVED FACILITY AID N ACCOADAVE 63114 THE RE0SIEMENT6 OP 1540 CRY OF 11MM A DO NOT 8404 OR ow ANY MATERIALS ON SITE. EY A*:C IITIECTUU RAPT • PPM - IRA 61m6 650 DIDIMMO04 PLAN MRS III 44401 650 ■•••••D.•■•• 566 P.N2 FRID OESN CP1040 IL Moo ft A 156:0 el DID