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HomeMy WebLinkAboutSEPA E03-001 - MEADOWS STEPHEN / NEXTEL COMMUNICATIONS - ROOFTOP WIRELESS COMMUNICATION FACILITY IN RESIDENTIAL ZONENEXTEL ANTENNA 4020 -4030 S 140 STREET E03 -001 • City ojiTgnkwi 1c.? • Steven M. Mullet, Mayor Department ®, f Co i : munity Development Steve Lancaster, Director NOTICE OF DECISION August 13, 2003 To: Stephen Meadows, Applicant Agencies with Jurisdiction State Department of Ecology, SEPA Division King County Assessor (for changes to land use or value) Parties of record PROJECT: Nextel Communications FILE NUMBERS: E03 -001 ASSOCIATED FILES: Conditional Use Permit L03 -002 APPLICANT: Stephen Meadows for Nextel Communications REQUEST: Rooftop wireless communication facility LOCATION: 4020 -4030 South 140th Street (Birch Crest Apartments) This notice is to confirm the decision reached by Tukwila's SEPA Official to issue a Determination of Non - significance (DNS) for the above project based on the environmental checklist and the underlying permit application. Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at: Tukwila. Department of Community Development 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 Monday through Friday 8:30 a.m. - 5:00 p.m. The project planner is Minnie Dhaliwal, who may be contacted at (206) 431 -3685 for further information. The decision is appealable to the Superior Court pursuant to the Judicial Review of Land Use Decisions, Revised Code of Washington (RCW 36.70C). Last saved 08/12/03 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 0 Phone: 206 - 431 -3670 0 Fax: 206 - 431 -3665 • City of Tukwila • Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670 DETERMINATION OF NON - SIGNIFICANCE (DNS) File Number: E03 -001 Applied: 01/06/2003 Issue Date: 08/13/2003 Status: ISSUED Proponent: STEPHEN MEADOWS FOR NEXTEL COMMUNICATIONS Lead Agency: City of Tukwila Description of Proposal: NEXTEL ROOFTOP FACILITY IN RESIDENTIAL ZONE Location of Proposal: Address: 4020 S 140 ST TUKW Parcel Number: 7360600475 Section/Township /Range: SW 15 -23 -04 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 43.21 c.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 is available to the public on request. This DNS is issued under WAC 197 -11- 340(2). Steve Lancaster, Responsible Official City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 (206)431 -3670 -12-03 Date Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time period to appeal the governmental action that is subject to environmental review. (RCW 43.21C.075) • doc: Miscperm E03 -001 Printed: 08 -12 -2003 Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION /, J, G/ HEREBY DECLARE THAT: Project Number: L U 3 - 00 1 Mailer's Signature: V/A"-----------e_ . Notice of Public Hearing V /\ Determination of Non - Significance Notice of Public Meeting Mitigated Determination of Non - Significance Board of Adjustment Agenda Pkt Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit __ __ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle. WA 98111 Other Was mailed to each of the addresses listed on this 1 year 20 day of in the P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM Project Name: 'I- y fi , Project Number: L U 3 - 00 1 Mailer's Signature: V/A"-----------e_ . Person requesting mailing: U P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM CHECKLIST: ENVIRONMENTAL REVIEW /SHORELINE PERMIT MAILINGS FEDERAL AGENCIES () U.S. ARMY CORPS OF ENGINEERS ( ) FEDERAL HIGHWAY ADMINISTRATION ( ) DEPT OF FISH & WILDLIFE ( ) U.S. ENVIRONMENTAL PROTECTION AGENCY ( ) U.S. DEPT OF H.U.D. ( ) NATIONAL MARINE FISHERIES SERVICE WASHINGTON STATE AGENCIES ( ) OFFICE OF ARCHAEOLOGY ( ) TRANSPORTATION DEPARTMENT ( ) DEPT NATURAL RESOURCES ( ) OFFICE OF THE GOVERNOR ( ) DEPT OF COMM. TRADE & ECONOMIC DEV. () DEPT OF FISHERIES & WILDLIFE ( ) DEPT OF SOCIAL & HEALTH SERV. () DEPT OF ECOLOGY, SHORELAND DIV EPT OF ECOLOGY, SEPA DIVISION* ( ) OFFICE OF ATTORNEY GENERAL SEND CHKLIST W/ DETERMINATIONS * SEND SITE MAPS WITH DECISION KING COUNTY AGENCIES () BOUNDARY REVIEW BOARD () FIRE DISTRICT #11 () FIRE DISTRICT #2 () K.C. WASTEWATER TREATMENT DIVISION () K.C. DEPT OF PARKS & REC K.C. ASSESSORS OFFICE ( ) TUKWILA SCHOOL DISTRICT ( ) TUKWILA LIBRARY () RENTON LIBRARY ( ) KENT LIBRARY ( ) CITY OF SEATTLE LIBRARY ( ) QWEST ( ) SEATTLE CITY LIGHT ()PUGET SOUND ENERGY ( ) HIGHLINE WATER DISTRICT ( ) SEATTLE WATER DEPARTMENT ( ) AT &T CABLE SERVICES () KENT PLANNING DEPT ( ) TUKWILA CITY DEPARTMENTS: ( ) FIRE ( ) FINANCE ( ) BUILDING ( ) MAYOR ( ) PUBLIC WORKS () POLICE () PLANNING ( ) PARKS & REC. ( ) CITY CLERK SCHOOLS /LIBRARIES UTILITIES CITY AGENCIES ( ) HEALTH DEPT ( ) PORT OF SEATTLE ( ) K.C. DEV & ENVIR SERVICES -SEPA INFO CNTR ( ) K.C. TRANSIT DIVISION - SEPA OFFICIAL ( ) K.C. LAND & WATER RESOURCES ( ) FOSTER LIBRARY ( ) K C PUBLIC LIBRARY ( ) HIGHLINE SCHOOL DISTRICT ( ) SEATTLE SCHOOL DISTRICT ( ) RENTON SCHOOL DISTRICT ( ) OLYMPIC PIPELINE ( ) VAL -VUE SEWER DISTRICT ( ) WATER DISTRICT #20 ( ) WATER DISTRICT #125 ( ) CITY OF RENTON PUBLIC WORKS () BRYN MAWR- LAKERIDGE SEWERNVATER DISTRICT () RENTON PLANNING DEPT O CITY OF SEA -TAC ( ) CITY OF BURIEN ( ) TUKWILA PLANNING COMMISSION MEMBERS ( ) TUKWILA CITY COUNCIL MEMBERS ( ) CITY OF SEATTLE - SEPA INFO CENTER - DCLU ( ) STRATEGIC PLANNING OFFICE* NOTICE OF ALL SEATTLE RELATED PLNG PROJ. OTHER LOCAL AGENCIES ( ) PUGET SOUND REGIONAL COUNCIL () SW K C CHAMBER OF COMMERCE ( ) MUCKLESHOOT INDIAN TRIBE ( ) CULTURAL RESOURCES PROGRAM ( ) FISHERIES PROGRAM ( ) WILDLIFE PROGRAM MEDIA ( ) SEATTLE TIMES ( ) SOUTH COUNTY JOURNAL P:\ADMINISTRATIV E \FORMS \CHKLIST.DOC clr- h-)` kikkAstell nivvm Nkiti Nuutoio ho cl () DUWAMISH INDIAN TRIBE ( ) P.S. AIR POLLUTION CLEAN AGENCY ( ) SOUND TRANSIT () DUWAMISH RIVER CLEAN -UP COALITION *SEND NOTICE OF ALL APPLICATIONS ON DUWAMISH RIVER ( ) HIGHLINE TIMES ( ) CI.TUKWILA.WA.US.WWVV • IBLIC NOTICE MAILINGS FOR PERMITS SEPA MAILINGS Mail to: (comment period starts on date of mailing) Dept. of Ecology Environmental Review Section *Applicant *Other agencies as necessary (checked off on attached list) *Any parties of record * send only the staff report, site plan and the SEPA Determination KC Transit Division — SEPA Official would like to receive information about all projects that might affect transit demand Send These Documents to DOE: SEPA Determination (3 -part from Sierra) Findings (staff report, usu. with MDNS) SEPA Checklist (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) Affidavit of Distribution (notice was mailed or sent to newspaper) SHORELINE MAILINGS: Notice of Application for a Substantial Development Permit must be mailed to owners and to property owners within 500 feet of subject property, comments are due 30 days after the notice of application is mailed/posted. The notice of Application for Shoreline Substantial Development Permit must include a statement that any person desiring to submit written comments on the application or desiring to receive notification of the final decision on the application may do so within 30 days of the notice of application. If a hearing will be held on the application, the hearing notice must include the information that written comments may be submitted, or oral presentation made at the hearing. Shoreline Permit Notice of Decision: Mail to: (within 8 days of decision; 21 -day appeal period begins date received by DOE) Department of Ecology Shorelands Section State Attorney General *Applicant *Indian Tribes *Other agencies as necessary (checked off on attached list). *Any parties of record * send only the staff report, site plan and the SEPA Determination Send These Documents to DOE and Attorney General: Permit Data Sheet Shoreline Substantial Development Permit (3 -part from Sierra) Findings (staff report or memo) Shoreline Permit Application Form (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) — Site plan, with mean high water mark & improvements — Cross - sections of site with structures & shoreline - Grading Plan - Vicinity map SEPA determination (3 -part from Sierra) Findings (staff report or memo) SEPA Checklist (filled out by applicant) Any background studies related to impacts on shoreline Notice of Application Affidavit of Distribution (notice was mailed) P:\ADMINISTRATIVE \FORMS \CHKLIST.DOC August 14, 2003 • City of Tukwila Steven M. Mullet, Mayor Department of Community Development Ted & Diane Meyers 13919 -42nd Ave South Tukwila WA 98168 Misty Myers & Mario Velotta 4130 S 140th Street Tukwila WA 98168 Steve Lancaster, Director Pam & Clarence C Carter 4115 South 139th Street Tukwila WA 98168 Re: Proposed wireless communication facility by Nextel at Birchcrest apartments. File Number L03 -002 and E03 -001. Dear Parties of Record: This is to inform you on the status of the applications for Nextel and T- mobile to locate at the Birchcrest apartments. Last week you were informed that while the city was in the process of reviewing Nextel's application it had received an application from T- mobile to locate their facility at the same location. Nextel's proposal is to locate their antennas on the roof of the existing building and the associated equipment will be located inside the building except for two air condensing units are proposed to be located outside at the northeast of the building. T- mobile proposal is to locate their antennas on an existing Seattle City Light pole in the parking area and the associated equipment will be located inside the building. We had asked Nextel and T- mobile to look into opportunities to consolidate their facilities. However due to technical reasons and the ability to meet their coverage objectives it is not possible for them to consolidate their facilities. At this time all issues have been resolved with Nextel's application and it is scheduled for a public hearing before the Planning Commission on August 28, 2003. See the attached notice of hearing for details on the location and time of the hearing. Also, a determination of non - significance has issued for their SEPA application. See attached SEPA determination. However T- mobile's application is still pending and you will be informed when it is scheduled for a public hearing. Also, by the end of next week you will be mailed a copy of the staff report to the Planning Commission for the Nextel's.application. However if you have any questions or comments at this time regarding Nextel's or T- mobile's proposal you can reach me at 206 -431 -3685. Sincerely, Minnie Dhaliwal Senior Planner 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 0 Phone: 206 - 431 -3670 0 Fax: 206 - 431 -3665 FINAL STAFF EVALUATION FOR ENVIRONMENTAL CHECKLIST (File No: E03 -001) Nextel Communication facility project at 4020 -4030 South 140`h Street I. SUMMARY OF PROPOSED ACTION The current proposal is to construct a wireless communication facility at the existing apartment building. The antennas are proposed to be mounted on the roof and the associated equipment is proposed to be located inside the building and two air condensing units are installed outside at the northeast end of the building. II. GENERAL INFORMATION Project Name: Nextel Communications Applicant: Stephen Meadows for Nextel Location: Birch Crest Apartments at 4020 -4030 S 140' Street. Zoning: HDR Comprehensive Plan Designation: HDR III. REVIEW PROCESS The proposed action is subject to State Environmental Policy Act (SEPA) review as the project does not meet the exemptions listed under WAC 197 -11 -800 IV. BACKGROUND/PROPOSAL The current proposal is to construct a wireless communication facility at the existing apartment building. The antennas are proposed to be mounted on the roof. The associated equipment is proposed to be located inside the building and two air condensing units are proposed to be located outside at the north -east end of the building. V. REVIEW OF THE ENVIRONMENTAL CHECKLIST The following lists the elements contained within the Environmental Checklist submitted for the proposed project. The numbers in the staff evaluation correspond to the numbers in the Environmental Checklist. If staff concurs with the applicant's response, this is so stated. If the response to a particular item in the checklist is found to be inadequate or clarification is needed, there is additional staff comment and evaluation. A. BACKGROUND: 1 -5 -- Concur with checklist. 6 -The project was revised from a penthouse configuration to four 5' -6" high canisters. The applicant does not plan to add any more canisters at this time. Each canister is proposed to be 30 inches in diameter. One antenna will be installed at this time and there is room for two additional antennas in each canister. 7- Concur with checklist. 8- T- Mobile has applied to locate their wireless communication facility at this location. SEPA determination and Conditional Use approval is still pending for the T- Mobile facility. 9- Applicant is responsible for obtaining all permits and approval from Federal Communication Commission (FCC) and meet all their frequency requirements. 10- The project was revised from a penthouse installation on the roof to four canisters on the roof, two on east end of the building and two on the west end of the building. Each canister is 30 inches in diameter and 5' -6" high. The ground equipment is proposed to be installed inside the existing building and two air condensing units will be placed outside at the northeast end of the building. 11- 12— Concur with checklist. B. ENVIRONMENTAL ELEMENTS: 1. Earth: a -h -- Concur with checklist. 2. Air: a -c– Concur with checklist. 3. Water: a(1)- a(6)— Concur with checklist. b(1) and (2) -- Concur with checklist. c (1) and (2) – Concur with checklist. d -- Concur with checklist. 4. Plants: a -d -- Concur with checklist. 5. Animals: a- d— Concur with checklist. 6. Energy and Natural Resources: a -c -- Concur with checklist. 7. Environmental Health: a – Applicant shall obtain all required permits and approval from Federal Communications Commission and shall meet all their radio frequency requirements. Section 704 of 1996 Telecommunication Act preempts state and local governments from basing regulation of the placement, construction, and modification of personal wireless facilities directly or indirectly on the environmental effects of radio frequency emissions. Section 704 states that "No state or local government or instrumentality thereof may regulate the placement, construction or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with Federal Communication Commission's regulations concerning such emissions." a(1)— A fire alarm system monitored by a city approved U. L. Central Station will be required. a(2)— Concur with checklist. b (1) -- Concur with checklist. b(2) -b (3) –The project meets the City of Tukwila noise ordinance requirements. Compliance with applicable local, state and federal noise regulations will mitigate any potential adverse noise impacts, associated with the project. The applicant submitted noise report prepared by Greenbusch Group Inc. The report recommended solid wood fence barrier around the a/c units. The report was reviewed and approved by the City's noise consultant, Environalysis, who agreed that the proposal meets the city's adopted noise standards. 8. Land and Shoreline Use: a -1 -- Concur with checklist. 9. Housing: a -c -- Concur with checklist. 10. Aesthetics: a -c The project has been revised from a penthouse installation to four (30 inches diameter and 5' -6" high canisters). The project is subject to Conditional Use Permit (CUP) and all impacts associated with aesthetics shall be mitigated as part of the CUP permit process. 11. Light and Glare: a -d -- Concur with checklist. 12. Recreation: a -c – Concur with checklist. 13. Historic and Cultural Preservation: a -c -- Concur with checklist. 14. Transportation: a- g— Concur with checklist. 15. Public Services: a -b -- Concur with checklist. 16. Utilities: a -b -- Concur with checklist. V. COMMENTS In response to notice of application, written comments were received from Ted & Diane Myers, Misty Myers & Mario Velotta (March 5, 2003 and March 6, 2003) objecting the proposal and expressing concern with code violations at the existing apartment buildings and issues with noise generated from the proposed equipment. Written comments were also received from Pam and Clarence C. Carter (March 6, 2003) also objecting the proposal due to concerns with the potential noise from the equipment. VI. CONCLUSION The proposal can be found to not have a probable significant adverse impact on the environment and pursuant to WAC 197 -11 -340, a Determination of Nonsignificance (DNS) is issued for this project This DNS is based on impacts identified within the environmental checklist, attachments, and the above "Final Staff Evaluation for Application No. E03- 001 ", and is supported by plans, policies, and regulations formally adopted by city of Tukwila for the exercise of substantive authority under SEPA to approve, condition, or deny proposed actions. Prepared by: Minnie Dhaliwal, Senior Planner Date: August 12, 2003 Stephen B. Meadows & • Associates, Inc. Commercial Real Estate January 3, 2003 Ms. Minnie Dhaliwal City of Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, Washington 98188 -2544 RE: Nextel Communications WA0647 -3 Foster / Birch Crest SEPA Environmental Review Submittal Dear Ms. Dhaliwal: • RECEIVED JAN 11 6 2003 DEVELOPMENT I have enclosed the following items that comprise Nextel Communication's SEPA Environmental for the above referenced project: 1 copy 6 copies 1 copy 6 copies 1 copy 6 copies 6 copies App Fee 1 copy 2 copies Vicinity map 1 copy 1 copy Application Checklist Application Form Affidavit Of Ownership Hold Harmless Permission To Enter Property Full Sized Plans 8.5" x 11" Plans Environmental Checklist Endangered Species Act Screening Checklist $500.00 SE & SW Qtr Section Maps - Properties Within 500' Mailing Labels For Properties Within 500' 8.5" x 11" & Included Within Full Sized Plans SE & SW Qtr Section Maps - Properties Within 300' & 1000' Title Report Please contact me with any question regarding this submittal or if I may otherwise be of further service. Stephen B. Meadows Site Acquisition Consultant SM:sm Enclosures c/o Nextel Communications 10545 Willows Road NE, Suite 100 Redmond, Washington 98052 PHONE (425) 278 -7446 FAX (425) 278 -7404 • • ® � 1-1 E -C OV E D ► RF Certification Form JAN n 6 :003 COMMUNITY This form certifies that a Nextel Communications, Inc. ( "Nextel ") engineer has evaluated a certal LJ ��fiaCo MEnlT digital mobile transmitter site and has determined that it complies with FCC Rule Section 1.1307 et. seq. and related OET Bulletin No. 65 governing radio - frequency ( "RF ") emissions. In particular, based on an engineering evaluation of the controlled areas of the site, the RF emissions are within the applicable Maximum Permissible Exposure ( "MPE ") limits. The original of this form should be kept with the market station files. A copy of the Form should be sent to Robert McNamara, Director of Regulatory Technology and Compliance, at the NSC. Site Number: WA0647 Nextel Site Name: Foster Site Address: 4020 - 4030 S 140th ST City and State Tukwila, WA 98168 Site Compliance Procedure (Required) A. The site complies with the FCC's Maximum Permissible Exposure ( "MPE ") standards, taking into account any nearby significant transmitting sources, based on (Check at least one box): Calculational methods based upon OET Bulletin 65 (attach copy) Computer simulations such as RoofView modeling software (attach copy) ® Actual field measurements (attach copy) in accordance with the following steps: Step 1: A testing time was chosen in which all antennas were likely to be energized. Step 2: A survey of the site was conducted before and after the Nextel equipment was constructed using RF power measurement meters. Step 3: A sketch of the building rooftop (or site area) was made and measurements were recorded on the sketch (see attached). Photos were also taken (see attached). B. Access to the RF controlled area is restricted in accordance with the Nextel RF Compliance and Safety Program, including, at a minimum, the posting of the Nextel RF hazard sign. EDIn the case of an in- building system, check this box to certify that all distribution equipment is installed out of public reach. (Sections A & B above do not need to be completed if the system is an in- building system and the antennas are completely contained within the building structure). Additional Information for Categorical Exclusion Purposes (Optional) Building Mounted /Rooftop Antennas - the sum of the ERP of all operating frequencies does not exceed 1000 watts ERP. ElNon- Building Mounted /Non- Rooftop (Towers/Water - Towers /Monopoles) - The distance from ground level to the lowest point of the antenna is at least ten meters OR the sum of the ERP of all operating frequencies does not exceed 1000 watts. Does Not Meet Categorical Exclusion. Required Signature Printed name: Kellen Eiler Signature: r Cr ,4 —Revised-8/7/98. Date of evaluation: 1/3/2003 1 of 10 WA0647 -3 Foster certification.xls Uptime = 100% Green < =20 % Yellow < =50% 0Yellow < =100% Red above 100 % %MPE Statistical Summary SO. FT. %S0. FT. .0 21 51,100:- r > 100 9060 • %8984 9298 %kd lad PoOFMea 99.16 %d S81.100./Val SeMCteO kee 0.13, % w'sebded`ives, 0.22 % d Selected aaa' 'Roof11MA 9744 eq .M88.%MP.E, 1094%. - _ Min%MPE. 0.1% rU4ingNear/FarS atial Avg' Model„. . .1811th. ECG, 1997- UceuPatInnal8tendard 01/02/2003 09:26 6022762 SUN WEST ENG PAGE 02/02 SUN. WEST .EN. Ci . .INEERIN . I . 8802 E. BROADWAY RD.. • PHOENIX, ARIZONA 85 (602) 275 -0662 FAX ,(602).276 -2d�E mail@sunwosteng.com j�� 12 -20 -02 Mr. Steve Meadows For NEXTEL e -mail: sbmassoc @gte.net Re: 'QUIET RUN' A/C UNITS Dear Steve: J DE The maker of the 3 -ton MC units, that we would use on the equipment cab ask several years ago to develop a `quiet run' option by the State of Califo use in their school system. Sun manufacturing is the maker of the A/C uni option is available that will reduce the noise level of the AJC unit by 25 %, This noise reduction option will allow only a 50Db @a,15' emission from th unit. We recorded the noise level of a standard 3 -ton unit at 67Db @ 15', run' option consists of a condenser fan blade replacement and a jacket p1 the compressor. An additional option that we can provide is, 1/8 neoprene strip to be used cabinet is fastened down to its host structure or pad. This strip option will to eliminate any other vibration that may exist with the A/C units. We hope that you find these modifications acceptable and can now procee your project as planned. Regards, Dick Davis NC, 40 EIVED N 0 6 2003 MMUNITY ELOPMENT net, was is for and an inimum. A/C he `quite ced ova hen the elp with • CITY OF TUKWILA ENVIRONMENTAL CHECKLIST A. BACKGROUND • 1. Name of proposed project, if applicable: Nextel Communications, ESMR Facility: WA0647 -3 Foster / RECEIVED JAN 0 6 2003 COMMUNITY DEVELOPMENT Birch Crest 2. Name of Applicant: Nextel West Corp., a Delaware corporation, d.b.a. Nextel Communications 3. Date checklist prepared: January 3, 2003 4. Agency requesting checklist: City of Tukwila, Department of Community Development 5. - Proposed timing or schedule (including phasing, if applicable): Construction of the proposed communications facility would be scheduled to commence after issuance of the required permits and approvals. Duration of construction would be approximately six (6) weeks. 6. Do you have plans for future additions, expansion, or further activity related or connected with this proposal? If yes, explain. Yes, there exists a potential that two (2) additional sectors with eleven (8) antennas would be required, for a total of twelve (12) antennas, as subscriber demand may dictate. Additionally, there exists a potential that the size of the panel antennas would increase from four feet (4') in height to eight feet (8') in height, but would not exceed the height of the then existing screen wall. 7. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. N/A 8. 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 known. List any government approvals or permits that will be needed for your proposal, if known. Conditional Use Permit, SEPA and Building Permit. 10. Give a 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. This project application proposes the installation of Nextel's Enhanced Specialized Mobile Radio (ESMR) facility on and adjacent to the Birch Crest Apartment Building located at 4020 — 4030 S 140th Street, Tukwila, WA 98168 in response to continued demand for in- vehicle and in- building wireless services within the area surrounding this Page 1 Nextel Communications Proposed ESMR Facility: WA0647 -3 Foster / Birch Crest proposed site's location. This proposed project includes installation of four (4), approximately 1'x.4 directional panel antennas attached to the Southwest fascia of a four (4) sided ten (10) foot high penthouse type structure to be constructed by Nextel. The proposed panel antennas and penthouse structure would be painted to match that of the apartment building. The referenced panel antennas are depicted on the attached site plans along with the eight (8) future 1' x 4' directional panel antennas. In addition, the proposed project includes installation of an approximately 92 square foot equipment cabinet to be located to the rear of and near the Northwest corner of the Birch Crest Apartments which would be used to house radio transmitters, receivers, and other essential equipment. Ancillary equipment to be included within this project would include two (2) receive only Global Positioning System (GPS) antennas, 2" high x 4" wide x 4" long disks, that would be attached to the roof of the building. One of the GPS antennas would be operational; the second antenna would be for backup purposes. The facility would be remotely monitored for fire smoke and intrusion and AC power failure by Nextel's 24 -hour electronic monitoring system. The project would not interfere with surrounding properties or their uses. An ESMR facility operates at extremely low power and thus the facility would not be a source of interference with electronic equipment, including radio, television, and telephone transmissions. Interference is governed by the Federal Communications Commission's (FCC) regulation of radio transmissions. 11. 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, the tax lot number, and section, township, and range. 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 this agency, you are not required to duplicate maps or detained plans submitted with any permit applications related to this checklist. The proposed site is located on and adjacent to the Birch Crest Apartments located at 4020 — 4030 S 140th Street. Tax Parcel # 736060 0465 04 & 736060 0475 02. 12. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? No. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep mountain slopes, mountainous, other: Page 2 Nextel Communications Proposed ESMR Facility: WA0647 -3 Foster / Birch Crest b. What is the steepest slope on the site (approximate percent slope)? The majority of the site's grade averages less than approximately 1%. 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. The type of soils are generally sandy- gravel. d. Are there surface indications or history or 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. Small amounts of grading would occur for development of the proposed equipment cabinet pad. 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)? Approximately 1% of new impervious surface would be added to the site from the proposed project. After installation of the proposed wireless communications facility, the impervious surface percentage would be approximately 80.26 %. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. Best management/construction practices would be utilized to reduce or control erosion. Refer to Power & Telco Notes within Block 5 on Page A -!; and Notes Block & Silt Fence Notation on Page A -2 of the attached KDC Architects submittal plans. 2. Air a. What types of emissions to the air would result from the proposal (for example, dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Emissions and dust may occur from light vehicular traffic during the approximate six (6) week construction period. 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: None are anticipated to be necessary. Page 3 Nextel Communications Proposed ESMR Facility: WA0647 -3 Foster / Birch Crest 3. 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 streams or river it flows into. No. 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. N /A. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface waters or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N /A. 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 flood plain? If so, note location on the site plan. No. 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. The site is unmanned and would not require water or sewage disposal service. 2) Describe waste materials that will be discharged in the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; 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: No waste material would be generated by the proposed facility. c. Water Runoff (including stormwater): 1) Describe the source of runoff (including stormwater) and method of collection and disposal, if any (including quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. A minimal amount of new stormwater runoff would occur from the proposed equipment cabinet and would be directed into nearby sub - soils. Page 4 Nextel Communications Proposed ESMR Facility: WA0647 -3 Foster / Birch Crest • • 2) Could waste material enter ground or surface waters? If so, generally describe. No. The site is unmanned; therefore, no waste material would be generated by the proposed facility. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: None are anticipated to be necessary. 4. PLANTS a. Check or circle types of vegetation found on the site: Deciduous tree: alder, maple, aspen, other Evergreen tree: fir, cedar, pine, other Shrubs X Grass Pasture Crop or grain Wet soil plants: cattail, buttercup, bulrush, 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? Small amounts of grass for construction of the equipment cabinet pad and utility trenching would be removed. c. List threatened or endangered species known to be on or near the site. None known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None are anticipated to be necessary. 5. Animals a. Circle any birds or animals which have been observed on or near the site or are known to be on or near the site: Birds: Hawk, heron, eagle, songbirds, other: Mammals: Deer, bear, elk, beaver, other: Fish: Bass, salmon, trout, herring, shellfish, other: Other: Page 5 Nextel Communications Proposed ESMR Facility: WA0647 -3 Foster / Birch Crest b. List any threatened or endangered species known to be on or near the site. None known. c. Is the site part of a migration route? if so, explain. None known. d. Proposed measures to preserve or enhance wildlife, if any. None are anticipated to be necessary. 6. Energy and Natural Resources a. What kind of energy (electrical, 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. Electricity would be used to run electronic equipment and air conditioners located within the equipment cabinet. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kind 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 are anticipated to be necessary. 7. Environmental Health 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. The proposed wireless communications facility would operate in a frequency range between 806 to 821 and 851 to 866 Megahertz (Mhz). Transmissions would be low power, (average of 100 watts per sector at full activation) with a maximum of four (4) channels per antenna. As such, the transmissions would be below the Federal Communications Commission (FCC) and the American National Standards Institute (ANSI) standard set forth in IEEE/ANSI C95.1 -1992, of 657.3 microwatts per square centimeter (see attached Nextel RF Certification Form). 1) Describe special emergency services that might be required. None required. The facility would be remotely monitored for fire, smoke intrusion and AC power failure by Nextel Communications surveillance system. Proposed measures to reduce or control environmental health hazards, if any: None are anticipated to be necessary. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None. Page 6 Nextel Communications Proposed ESMR Facility: WA0647 -3 Foster / Birch Crest 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. A degree of additional noise related to construction activities would occur during normal business hours throughout the short construction period. Once constructed, the proposed facility would generate low volume, intermittent noise from air conditioning units modified with a "quiet run" option located within the equipment cabinet. The "quite run" option consists of modifications preformed at the factory including compressor fan replacement and installation of a compressor insulating jacket. The attached manufacture's specifications for the equipment cabinet's HVAC mechanical equipment states that the noise emissions would be limited to 50 dB at 15 feet from the unit which is greater than the distance from the equipment cabinet to the property line. 3) Proposed measures to reduce or control noise impacts, if any: None are anticipated to be necessary. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The site is currently used as a multi - family residential. The use of adjacent properties include: North: Residential South: Residential East: Residential West: Commercial b. Has the site been used for agriculture? If so, describe. No. c. Describe any structures on the site. Two story, multi - family residential building. d. Will any structure be demolished? If so, what? No. e. What is the current zoning classification of the site? High Density Residential - HDR. f. What is the current comprehensive plan designation of the site? High Density Residential - HDR g. If applicable, what is the current shoreline master designation of the site? NA. h. Has any part of the site been classified an "environmentally sensitive" area? If so, specify. No. i. Approximately how many people would reside or work in the completed project? None. A technician would schedule maintenance visits approximately twice per month. Page 7 Nextel Communications Proposed ESMR Facility: WA0647 -3 Foster/ Birch Crest j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: N /A. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The proposed facility would be collocated on and adjacent to an existing structure with ground equipment screened by additional landscaping and the antennas flush mounted to a new penthouse structure, both of which would be painted to match the color of the existing building. 9. Housing a. Approximately how many units will be provided, if any? Indicate whether high, middle, or low income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. None. c. Proposed measures to reduce or control housing impacts, if any: None are anticipated to be necessary. 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? The tallest height of the proposed facility would be approximately 27 feet above grade. See Attached Elevation Section Drawings, Page A -3. The penthouse screening structure would be painted wood frame and the equipment cabinet would have a metal exterior. 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 are anticipated to be necessary. The proposed facility would be small in size and unobtrusive. A penthouse structure would be constructed on the roof of the building on which the proposed antennas would be flush mounted. As such, no impacts to aesthetics would occur. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? No light or glare would be produced from the proposed project. b Could light or glare from the finished project be a safety hazard, interfere with views? No. Page 8 Nextel Communications Proposed ESMR Facility: WA0647 -3 Foster / Birch Crest c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control Tight and glare impacts, if any: None are anticipated to be necessary. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? None. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None are anticipated to be necessary. 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: None known. Generally describe any landmarks or evidence of historic, archeological, scientific, or cultural importance known to be on or next to the site. N /A. c. Proposed measures to reduce or control impacts, if any. NA. 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. S 140th Street. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes, the area is served by public transit with the nearest stop approximately 300 feet West c. How many parking spaces would the completed project have? How many would the project eliminate? No additional parking would be required. Existing parking and access drive would be used. Page 9 Nextel Communications Proposed ESMR Facility: WA0647 -3 Foster / Birch Crest •. • 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. There would be approximately two (2) visits per month for routine maintenance of the facility. g. Proposed measures to reduce or control transportation impacts, if any: None are anticipated to be necessary. 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. The site would be remotely monitored for fire, smoke, intrusion, and AC power failure by Nextel's 24 -hour electronic monitoring system. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other: 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. Electrical service provided by: Seattle City Light Telephone service provided by: Qwest Page 10 Nextel Communications Proposed ESMR Facility: WA0647 -3 Foster / Birch Crest C. SIGNATURE The above answers are true to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: Address and phone number of applicant Applicant Nextel Communications 10545 Willows Road NE, Suite 100 Redmond, WA 98052 (452) 278 -7452 attn: Dave Schnebele and contact person: Contact Person Stephen B. Meadows Stephen B. Meadows & Associates, Inc. c/o Nextel Communications 10545 Willows Road NE, Suite 100 Redmond, WA 98052 (425) 278 -7446 — office (425) 278 -7404 — fax (206) 510.2675 — mobile Page 11 Nextel Communications Proposed ESMR Facility: WA0647 -3 Foster/ Birch Crest City of TukiESA Screening Checklist Date: City of Tukwila Endangered Species Act Screening Checklist RECEIVED JAN 0 6,2003 DEVELOPMENT Nextel West Corp., a Delaware corporation, Applicant Name: dba Nextel Communications Street Address: 10545 Willows Road NE, Suite 100 City, State, Zip:Redmond, WA 98052 Telephone: (425) 278 -7446 DIRECTIONS This Screening Checklist has been designed to evaluate the potential for your project to result in potential "take" of chinook salmon, coho salmon, or cutthroat trout as defined by Section 9 of the Endangered Species Act. The checklist includes a series of "Yes" or "No" questions about your project, organized into four parts. Starting with Part A on Page 1, read each question carefully, circle "Yes" or "No," and proceed to the next question as directed by the checklist. To answer these questions, you may need to refer to site plans, grading and drainage plans, critical areas studies, or other documents you have prepared for your project. The City will evaluate your responses to determine if "take" is indicated. January 25, 2001 • City of Tulc ESA Screening Checklist Part A: Please review and answer each question carefully. Consider all phases of your project including, but not limited to, construction, normal operation, potential emergency operation, and ongoing and scheduled maintenance. Continue to the next question as directed for each No or Yes answer. 1 -0 Will the project require any form of grading? Grading is defined as any excavating, filling, clearing, or creation of impervious surface, or any combination thereof, which alters the existing ground surface of the earth (see Tukwila Municipal Code (TMC) Chapter 18.06, Zoning Code, Page 18 -11). Please circle appropriate response. NO - Continue to Question 2 -0 (YES) Continue to Question 1 -1 (Page 3) 2 -0 Will the project require any form of clearing? Clearing means the removal or causing to be removed, through either direct or indirect actions, any vegetation from a site (see Chapter 18.06, Page 18 -8). Please circle appropriate response. NO - Continue to Question 3 -0 (Y-E--)S Continue to Question 2 -1 (Page 4) 3 -0 Will the project require work, during any time of the project, below the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers or in wetlands? Ordinary high water mark is the mark that is found by examining the bed and banks of a stream and ascertaining where the presence and action of waters are so common and usual as to distinctly mark the soil from that of the abutting upland, in respect to vegetation (see TMC Chapter 18.06, Page 18 -15). Please circle appropriate response. NO Continue to Question 4 -0 YES - Continue to Question 3 -1 (Page 5) 4 -0 Will the project result in the processing or handling, storage, or treatment of hazardous substances? This does not include the proper use of fuel stored in a vehicle's fuel tank. Hazardous substances are any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits the characteristics or criteria of hazardous waste as defined by Washington Administrative Code 173 -303 (see TMC Chapter 18.06, Tukwila Zoning Code, Page 18 -11). This includes fuel or other chemicals stored on -site during construction. Please circle appropriate response. NO) Continue to Question 5 -0 YES - Continue to Question 5 -0 5 -0 Will the project result in the withdrawal, injection, or interception of groundwater? Examples of projects that may affect groundwater include, but are not limited to: construction of a new well, change in water withdrawals from an existing well, projects involving prolonged construction dewatering, projects installing French drains or interceptor trenches, and sewer lines. For the purpose of this analysis, projects that require a geotechnical report pursuant to the requirements of TMC 18.45.060 and 18.45.080E.4, or would require a geotechnical report if not exempt under TMC 18.45.080A, should answer Yes. Please circle appropriate response. Cr, ' Continue to Question 6 -0 - YES - Continue to Question 6 -0 January 25, 2001 2 City of TukiESA Screening Checklist Part A (continued) 6 -0 Will the project involve landscaping or re- occurring outdoor maintenance that includes the regular use of fertilizers, pesticides, or herbicides? This does not include the one -time use of transplant fertilizers. Landscaping means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use of the land (see TMC Chapter 18.06, Tukwila Zoning Code, Page 18- 13).. For the purpose of this analysis, this includes the establishment of new lawn or grass. Please circle appropriate response. Checklist Complete YES — Checklist Complete Part B: Please answer each question below for projects that include grading. Review each question carefully, considering all phases of your project including, but not limited to construction, normal operation, potential emergency operation, and ongoing and scheduled maintenance. Continue to the next question as directed for each No or Yes answer. 1 -1 Will the project involve the modification of a watercourse bank or bank of the Green/Duwamish or Black Rivers between the ordinary high water mark and top of bank? This includes any projects that will require grading on any slope leading to a river or stream, but will not require work below the ordinary high water mark. Work below the ordinary high water mark is covered in Part C. Please circle appropriate response. Continue to Question 1 -2 YES - Continue to Question 1 -2 1 -2 Could the construction, operation, or maintenance of the project result in sediment transport off site or increased rates of erosion and/or sedimentation in watercourses, the Green/Duwamish rivers, or the Black River? Most projects that involve grading have the potential to result in increased erosion and/or sedimentation as a result of disturbances to the soil or earth. If your project involves grading and you have not prepared a Temporary Erosion and Sedimentation Control Plan specifically designed to retain 100 percent of the runoff (including during construction) from impervious surface or disturbed soils, answer Yes to this question. If your project is normally exempt under the Tukwila Municipal Code and would not require the preparation of a Temporary Erosion and Sedimentation Control Plan, BUT may still result in erosion or sediment transport off site or beyond the work area, answer Yes to this question. Please circle appropriate response. NO Continue to Question 1 -3 YES - Continue to Question 1 -3 1 -3 Will the project result in the construction of new impervious surfaces? Impervious surfaces include those hard surfaces which prevent or restrict the entry of water into the soil in the manner that such water entered the soils under natural conditions prior to development; or a hard surface area that causes water to run off the surface in greater quantity or at an increased rate of flow from the flow presented under natural conditions prior to development (see TMC Chapter 18.06, Tukwila Zoning Code, Page 18 -12). Such areas include, but are not limited to, rooftops, asphalt or concrete paving, compacted surfaces, or other surfaces that similarly affect the natural infiltration or runoff patterns existing prior to development. Please circle appropriate response. NO - Continue to Question 2 -0 (Page 2) Continue to Question 1 -4 January 25, 2001 City of TukwISA Screening Checklist Part B (continued) 1 -4 Will your project generate stormwater from the creation of impervious surfaces that will not be infiltrated on site? For the purpose of this analysis, infiltration includes the use of a stormwater treatment and management system intended to contain all stormwater on site by allowing it to seep into pervious surface or through other means to be introduced into the ground. If your project involves the construction of impervious surface and does not include the design of a stormwater management system specifically designed to infiltrate stormwater, answer Yes to this question. Please circle appropriate response. NO Continue to Question 2 -0 (Page 2) YES - Continue to Question 2 -0 (Page 2) Part C: Please review each question below for projects that include clearing. Review each question carefully, considering all phases of your project including, but not limited to construction, normal operation, potential emergency operation, and ongoing and scheduled maintenance. Continue to the next question as directed for each No or Yes answer. 2 -1 Will the project involve clearing within 200 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? Please circle appropriate response. NO - Continue to Question 3 -0 (Page 2) YES - Continue to Question 2 -2 2 -2 Will the project involve clearing of any trees within 200 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? A tree is defined by TMC 18.06.845 as any self - supporting woody plant, characterized by one main trunk, with a potential diameter - breast - height of 2 inches or more and potential minimum height of 10 feet. Please circle appropriate response. O) Continue to Question 2 -3 YES - Continue to Question 2 -3 2 -3 Will the project involve clearing of any evergreen trees from within 200 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? For the purpose of this analysis evergreen means any tree that does not regularly lose all its leaves or needles in the fall. Please circle appropriate response. NO Continue to Question 2 -4 YES - Continue to Question 2 -4 2 -4 Will the project involve clearing within 100 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? Please circle appropriate response. NO - Continue to Question 3 -0 (Page 1) YES - Continue to Question 2 -5 2 -5 Will the project involve clearing within 40 feet of the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? Please circle appropriate response. N - Continue to Question 3 -0 (Page 2) YES - Continue to Question 3 -0 (Page 2) January 25, 2001 4 — • City of TulADESA Screening Checklist Part D: Please review each question below for projects that include work below the ordinary high water mark of watercourses or the Duwamish /Green or Black Rivers or in wetlands. Review each question carefully, considering all phases of your project including, but not limited to, construction, normal operation, potential emergency operation, and ongoing and scheduled maintenance. Continue to the next question as directed for each No or Yes answer. 3 -1 Will the project involve the direct alteration of the channel or bed of a watercourse, the Green/Duwamish rivers, or Black River? For the purpose of this analysis, channel means the area between the ordinary high water mark of both banks of a stream, and bed means the stream bottom substrates, typically within the normal wetted -width of a stream. This includes both temporary and permanent modifications. Please circle appropriate response. NO - Continue to Question 3 -2 YES - Continue to Question 3 -2 3 -2 Will the project involve any physical alteration to a watercourse or wetland connected to the Green/Duwamish River? For the purpose of this analysis, "connected to the river means" flowing into via a surface connection or culvert, or having other physical characteristics that allow for access by salmonids. This includes impacts to areas such as sloughs, side channels, remnant oxbows, ditches formed from channelized portions of natural watercourses or any area that may provide off channel rearing habitat for juvenile fish from the Duwamish River. This includes both temporary construction alterations and permanent modifications. Watercourses or wetlands draining to the Green/Duwamish River that have a hanging culvert, culvert with a flap gate, diversion, or any entirely man -made or artificial structure that precludes fish access should answer Yes to this question. Please circle appropriate response. NO - Continue to Question 3 -3 YES - Continue to Question 3 -3 3 -3 Will the project result in the construction of a new structure or hydraulic condition that could be a barrier to salmonid passage within the watercourse or the Green/Duwamish or Black Rivers? For the purpose of this analysis, a barrier means any artificial or human modified structure or hydraulic condition that inhibits the natural upstream or downstream movement of salmonids, including both juveniles and adults. Please circle appropriate response. NO - Continue to Question 3 -4 YES - Continue to Question 3 -4 3 -4 Will the project involve a temporary or permanent change in the cross - sectional area of a watercourse or the Green/Duwamish or Black Rivers? For the purpose of this analysis, the cross - sectional area is defined as a profile taken from the ordinary high water mark on the right bank to the ordinary high water mark on the left bank. Please circle appropriate response. NO - Continue to Question 3 -5 YES - Continue to Question 3 -5 3 -5 Will the project require the removal of debris from within the ordinary high water mark of a watercourse or the Green/Duwamish or Black Rivers? For the purpose of this analysis, debris includes, but is not limited to fallen trees, logs, shrubs, rocks, piles, rip -rap, submerged metal, and broken concrete or other building materials. Projects that would require debris removal from a watercourse or the Green/Duwamish or Black Rivers as part of a maintenance activity should answer Yes to this question. Please circle appropriate response. NO - Continue to Question 3 -6 YES - Continue to Question 3 -6 January 25, 2001 City of Tuk>4ESA Screening Checklist Part D (continued) 3 -6 Will the project result in impacts to watercourses or wetlands that have a surface connection to another watercourse or the Green/Duwamish or Black Rivers but do not contain habitat conditions that support salmonid use? Such areas may include, but not be limited to hillside seeps and wetlands isolated from the watercourse or river that have a surface water connection to the watercourse or river but are not assessable, nor would be assessable to salmonids under natural conditions. Wetlands with a "functions and values" rating for baseflow /groundwater support of 9 and above (or moderate) as described in Cooke (1996) should be included. Please circle appropriate response. NO - Continue to Question 3 -7 YES - Continue to Question 3 -7 3 -7 Will the project include the construction of artificial waterways or wetlands connected to a watercourse containing salmonids? For the purpose of this analysis, the construction of artificial waterways or wetlands includes wetlands, channels, sloughs, or other habitat feature created to enhance wildlife use, particularly waterfowl use, or may be attractive to wildlife, particularly waterfowl. Please circle appropriate response. NO Continue to Question 3 -8 YES - Continue to Question 3 -8 3 -8 Will the project include bank stabilization? For the purpose of this analysis, bank stabilization includes, but is not limited to, rip -rap, rock, log, soil, or vegetated revetments, concrete structures, or similar structures. Please circle appropriate response. NO - Continue to Question 4 -0 (Page 2) YES - Continue to Question 4 -0 (Page 2) January 25, 2001 6 STATE OF WASHINGTON CITY OF TUKWILA Department of Community Development • RECEIV j p JAN n6Z0p3 BEyE OPM Eaiv r 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplanaci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly swom and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the Ci its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at4U20 - 4030 S 140th Street; Tukwila, WA 98168 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 (city) (state), on James K_ Lee Print Name 425 9th Avenue SE, Mercer Island, WA (Address) (206) 275 -4888 98040 (Phone Number) Zet, (Signature) On this day personally appeared before me T f_1,Ai . L_ to me known to be the individual who executed the foregoing instrument and acknow edged thatgthe signed the same i /her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS a3 se, DAY OF ► 7 L6yinax , �ULiZ OTARY BLIC in and for the State of Washington residing at augur' IA" My Commission expires on �10I 1(13 • Fidelity National Title Company of Washington Underwritten by Fidelity National Title Insurance Company 3500 188th Street SW #300 Lynnwood, Washington 98037 (425) 640 -3519 / (425) 771 -3031 Fax No. (425) Toll Free: 1- 800 - 776 -3021 TO: NEXTEL COMMUNICATIONS 10545 Willows Rd. N.E., Suite 100 Redmond, WA 98052 -0000 Attention : STEVE MEADOWS TITLE ORDER NO. 1029237 RECEIVED 776 -9091 JAN 0 6 2003 COMMUNITY DEVELOPMENT DATE: NOVEMBER 04, 2002 YOUR NO: WA0647 -3 FOSTER /BIRC REGARDING: Thank you for giving us the opportunity to serve you. We appreciate your business and will strive to merit the confidence you have shown in us. Enclosed: TITLE COMMITMENT DOCUMENT COPIES Please call us whenever we can be of further assistance. The property address is: 4020 -4030 140TH ST TUKWILA, WA 98168 i • �iclelity National Title Company of Washington Underwritten by Fidelity National Title Insurance Company 3500 188th Street SW #300 Lynnwood, Washington 98037 (425) 640 -3519 / (425) 771 -3031 Fax No. (425) 776 -9091 Toll Free: 1- 800 - 776 -3021 UNIT 4 TITLE ORDER NUMBER: 1029237 TO: NEXTEL COMMUNICATIONS 10545 Willows Rd. N.E., Suite 100 Redmond, WA 98052 -0000 UNIT: Christoff Huyboom, Title Officer Heather Fitta, Asst. Title Officer Attention : STEVE MEADOWS Kendra Stevens, Your Number : WA0647 -3 FOSTER /BIRC Title Assistant Reference Name: -- TITLE ORDER NUMBER: 1029237 A.L.T.A. COMMITMENT SCHEDULE A Commitment Effective Date: October 24, 2002 at 8:00 A.M. 1. Policy or Policies to be Issued: - WORK CHARGE Premium $ 500.00 Sales Tax: $ 44.50 2. The estate or interest in the land described herein and which is covered by this Commitment is a fee simple.. 3'. The estate or interest referred to herein is at Date of Commitment vested in: JAMES K. LEE and MIMI D. LEE, husband and wife. 4. The land referred to in this Commitment is situated in the County of King, State of Washington, and is described as follows: See Attached Fidelity National Title Company of Washington ALTA Commitment, Page 3 Order No. 1029237 SCHEDULE B I. The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. II. Schedule B of the Policy or Policies to be issued (as set forth in Schedule A) will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. B. GENERAL EXCEPTIONS 1. Taxes or assessments 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 record. 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. 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 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 would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. (d) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitude. 6. Any lien, or right to a lien, for services, labor or materials theretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. 8. 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. Fidelity National Title Company of Washington ALTA Commitment, Page 4 Order No. 1029237 C. SPECIAL EXCEPTIONS 1. Lien of any real estate excise sales tax upon any sale of said property if unpaid. The subject property is located in the City of Tukwila. The excise tax rate is 1.78% as of December 1, 1998. 2. Lien of any real estate excise sales tax upon any sale of said property if unpaid. The subject property is located in the City of Tukwila. The excise tax rate is 1.78% as of December 1, 1998. 3. GENERAL TAXES AND RELATED CHARGES ARE PAID IN FULL: Year: Amount: Tax Account No.: Levy Code: 2002 $14,430.52 736060 - 0465 -04 2413 Value of Land: $151,200.00 Value of Improvements: $916,800.00 Affects: Lots 13, 14 and 15 4. GENERAL TAXES AND RELATED CHARGES ARE PAID IN FULL: Year: 2002 Amount: $1,363.34 Tax Account No.: 736060- 0475 -02 Levy Code: 2413 Value of Land: Affects: 5. AGREEMENT AND THE Between: And: Recorded: Recording No.: Purpose: 6. DEED OF TRUST AND THEREOF: Grantor: Trustee: Beneficiary: Original Amount: Dated: Recorded: Recording No.: $100,800.00 Lots 16 & 17 TERMS AND CONDITIONS THEREOF: Birchcrest Apartments TCI Cablevision of Washington, Inc. September 21, 1994 9409210354 Right of entry agreement ADDITIONAL ADVANCES, IF ANY, AND THE TERMS AND CONDITIONS James K. Lee and Mimi D. Lee, husband and wife Fidelity National Title Company of Washington ABN Amro Mortgage Group, Inc. $1,000,000.00, plus interest May 15, 2001 May 18, 2001 20010518001848 Fidelity National Title Company of Washington ALTA Commitment, Page 5 Order No. 1029237 7. Any unrecorded leaseholds, right of vendors and holders of security interests on personal property installed upon said property, and rights of tenants to remove trade fixtures at the expiration of the term. END OF SPECIAL EXCEPTIONS NOTE 1: The address of the property is: 4020 -4030 140TH ST TUKWILA, WA 98168 NOTE 2: The legal description shown in Schedule A was determined from the property address provided at the time of application. The description should be examined and approved by all the parties to this transaction prior to closing. END OF NOTES In the event this transaction fails to close and this Commitment is cancelled, a fee will be charged to comply with the State Insurance Code and the filed Schedule of this Company. The sketch attached is provided as a courtesy only by Fidelity National Title Insurance Company of Washington, without charge, for your information. It is not intended to be a Survey or to show all matters relating to the property (including, but not limited to area, dimensions, easements, encroachments or locations of boundaries). It is not a part of, nor does it modify, the Title Commitment or Policy to which it is attached. The Company assumes No Liability for the correctness of any matter related to this sketch. Reference should be made to an accurate survey for further information. CH /hf 11/04/02 THANK YOU FOR YOUR ORDER IF WE MAY BE OF FURTHER ASSISTANCE, PLEASE GIVE US A CALL Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non- public personal - information ('Personal Information'), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: * to agents, brokers or representatives to provide you with services you have requested; * to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 :J Z :' afl `" Q t H ' 2590 2 3 4 ° 9 7 11; ' e , a 1,ri6. 'r} 21 1E200•5 5 ' \72 ee'1 1Q392.3 1 626 H : 43 JO i !v !A Inc s 137TH sr,,.. IC 2 --u ' ,ti 1230 49222.8 7200.3 7600.8 •uh• 7260.s 7690.8 8100.3 8283.a .740/1 6391.s 71H 610011 7800.8 22500.9 t 8 0' e7.le 5000es 60000s (r1; 1CG 41934 SCC 114048 S 140TH ST 712001 R 12b601 070.8 156962.9' 170911 OTIS /W M KING COUNTY DEPT. OF ASSESSMENTS RECOPY SW152304 SP1.1540 3C-kle: 11 100 soot 20020102001291 Return Address JAMES K LEE & MIMI D LBE 3425 ,s7r4 A%enue SE Mercy r Island, WA 98040 • 21I 00280102001291 PAC 00* OFT001W0 8 00 01/02/2002 17'02 KING COUNTY. WA (FULFILLMENT) STATUTORY WARRANTY DEED ESCROW NO 04.401156 Assessors Tax parcel Numbers 7360600465 7360600475 THE GRANTOR NORTHWEST INCOME PROPERTIES A WASHINGTON GENERAL PAR INERSIUP for ;Id to consideration of FULFILLMENT OF REAL ESTATE CONTRACT in hand paid, conveys and warrants to DONNIE SHINMAN, AN UNMARRIED MAN Th. tollowtng described real estate, situated to the County of King, State of W uhmgton, Lots 13, 14, 15, 16 and 17, Block 7, ROBINS VIEW TRACT ADDITION TO RIVERTON, according to the Plat lItereof recorded in Volume 17 of Plats. Page 90, records of Kung County, %Vashington. Situate In the County of line, State of Washington, This *teed is given in fulfillment of that certain real estate contract between the parties hereto, dated December 11, 1969 and conditioned for the conveyance of the above descnbed property, and the covenants of warranty herein Cr▪ * contained shall nor apply to any title. interest or encumbrance arising by, through or under the purchaser In said N cent: act and shall not apply to arty taxes, assesamenta or other charges levied, assessed or becoming due subsequent to the date of said contract Real Estate Exctsc Tax was paid on this sale on this sole on December 17, 1969 Receipt Number E094484 DATED May 11, 2001 NOkTHWEST INCOME PROPERTIES State of Washington County at King FIDELITY NATIONAL f heteby certify that I )mow of have sansfactory evidence that Is the persons) who appeared before me, and said prEwn({) acknowledged the 'she ahoy signed this Instrument and icknowled to hi the tree and voluntary act of such party for [helots and purposes mentioned to this instrument Not,uv Public in and for the state of Washington Residing at _ MAv 16 2001 i 513 4254570136 PAGE 22 WHEN RECORDED MAIL TO Loan // 7763379 ABN AMRO Mortgage Group, Inc 8303 W Higgins Rd Suite 500 Chicago, IL 60631 Attn Mel Ziska KIt1G COUµTY , SPACE ABOVE THIS LINE FOR RECORDER'S USE This instrument was prepared by Mel Ziska, ABN AMRO Mortgage Group, Inc FIDELITY NATIONAL IMF Higgins Rd Suite 500 , Chicago, IL 60631 MULTIFAMILY DEED OF TRUST ASSIGNMENT OF RENTS AND SECURITY AGREEMENT THIS DEED OF TRUST (herein "Instrument ") is made May 15, 2001 between the Trustor /Grantor, James Lee and Mimi Lee, husband and life • whose address is 3425 97th Ave SE, Mercer Island, WA 98040 (herein "Borrower"), Fidelity National Title Company, 3500 188'' Street SW Lynwood, WA 98037 (herein "Trustee "), and the Beneficiary, ABN A1vMRO Mortgage Group, Inc , a Corporation organized and existing under the laws of United States, whose address 8303 W Higgins Rd Suite 500. Chicago. IL 60631 (herein "Lender ") WHEREAS, Borrower is indebted to Lender m the principal sum of ONE MILLION AND 00 /100, ($1,000,000 00) Dollars, which mdebtedness is evidenced by Borrower's note dated May 15, 2001 providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on June 1, 2016, TO SECURE TO LENDER (a) the repayment of the indebtedness evidenced by the Note, with interest thereon, and all renewals, extensions and modifications thereof, (b) the repayment of any future advances, with interest thereon, made by Lender to Borrower pursuant to paragraph 29 hereof (herein "Future Advances "), (c) the payment of all other sums, with interest thereon, advanced m accordance herewith to protect the security of this Instrument, and (d) the performance of Borrower's covenants and agreements under this Secunty Instrument and the Note For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in King County, Washington Legal Description See Exhibit "A" (Lots 13, 14, 15, 16 and 17, Block 7, ROBINS VIEW TRACT ADD. TO RIVERTON) TOGETHER with all buildings, improvements, and tenements now or hereafter erected on the property, and all heretofore or hereafter vacated alleys and streets abutting the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock appurtenant to the property, and all fixtures, machinery, equipment, engines, boilers, incinerators, building matenals, appliances and goods of every nature whatsoever now or hereafter located in, or on, or used, or intended to be used in connection with the property, including, but not hmited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, and all elevators, and related machinery and equipment, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, nurrors, cabinets, paneling, rugs, attached floor coverings, furniture, pictures , antennas, trees and plants, and all other personal property necessary for the operation of the real estate, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the real property covered by this Instrument, and all of the foregoing, together with said property (or the leasehold estate in the event this Instrument is on a leasehold) are herein referred to as the "Property" Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to Deed Of Trust, grant, convey and assign the Property (and, if this Instrument is on a leasehold, that the ground lease is in full force and effect without modification except as noted above and without default on the part of either lessor or lessee thereunder), that the Property is unencumbered, and that Borrower will warrant and defend generally the title tot he Property against all claims and demands, subject to any easements and restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property Uniform Covenants Borrower and Lender covenant and agree as follows 1 PAYMENT OF PRINCIPAL AND INTEREST Borrower shall promptly pay when due the principal of c- -a and interest on the indebtedness evidenced by the Note, and prepayment and late charges provided in the Note and all other sums secured by this Instrument Ca CD 2 FUNDS FOR TAXES, INSURANCE AND OTHER CHARGES Subject to applicable law or to a trsi written waiver by Lender, Borrower shall pay to Lender on the day monthly installments of principal or interest are payable under the Note (or on another day designated in writing by Lender), until the Note is paid ▪ in full, a sum (herein "Funds ") equal to one - twelfth of (a) the yearly water and sewer rates and taxes and c assessments which may be levied on the Property, (b) the yearly ground rents, if any, (c) the yearly premium ■ installments for fire and other hazard insurance, rent loss insurance and such other insurance covering the Property as Lender may require pursuant to paragraph 5 hereof, (d) the yearly premium installments for Deed Of Trust insurance, if any, and (e) if this Instrument is on a leasehold, the yearly fixed rents, if any, under the ground lease, all as reasonably estimated uutially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof Any waiver by Lender of a requirement that Borrower pay such Funds may be revoked by Lender, in Lender's sole discretion, at any time upon notice in writing to Borrower Lender may require Borrower to pay to Lender, in advance, such other Funds for other taxes, charges, premiums, assessments and impositions in connection with Borrower or the Property which Lender shall reasonably deem necessary to protect Lender's interests (herein "Other Impositions ") Unless otherwise provided by applicable law, Lender may require Funds for Other Impositions to be paid by Borrower m a lump sum or in periodic installments, at Lender's option The Funds shall be held in an institution(s) the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution) Lender shall apply the Funds to pay said rates, rents, taxes, assessments, insurance premiums and Other Impositions so long as Borrower is not in breach of any covenant or agreement of Borrower in this Instrument Lender shall make no charge for so holding and applying the Funds, analyzing said account or for verifying and compiling said assessments and bills, unless Lender pays Borrower interest, earnings or profits on the Funds and applicable law pernuts Lender to make such a charge Borrower and Lender may agree in writing at the time of execution of this Instrument that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires interest, earnings or profits to be paid, Lender shall not be required to pay Borrower any interest, earnings or profits on the Funds Lender shall give to Borrower, without charge, an annual accounting of the Funds in Lender's normal format showing credits and debits to the Funds and the purpose for which each debit to the Funds was made The Funds are pledged as additional security for the sums secured by this Instrument If the amount of the Funds held by Lender at the time of the annual accounting thereof shall exceed the amount deemed necessary by Lender to provide for the payment of water and sewer rates, taxes, assessments, insurance premiums, rents and Other Impositions, as they fall due, such excess shall be credited to Borrower on the next monthly installment or installments of Funds due If at any time the amount of the Funds held by Lender shall be less than the amount deemed necessary by Lender to pay water and sewer rates, taxes, assessments, insurance premiums, rents and Other Impositions, as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within thirty days after notice from Lender to Borrower requesting payment thereof Upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, Lender may apply, in any amount and in any order as Lender shall deternne in Lender's sole discretion, any Funds held by Lender at the time of application (r) to pay rates, rents, taxes, assessments, insurance premiums and Other Impositions which are now or will hereafter become due, or (u) as a credit against sums secured by this Instrument Upon payment m full of all sums secured by this Instrument, Lender shall promptly refund to Borrower any Funds held by Lender 3 APPLICATION OF PAYMENTS Unless applicable law provides otherwise, all payments received by Lender from Borrower under the Note or this Instrument shall be applied by Lender ui the following order of r pnonty (t) amounts payable to Lender by Borrower under paragraph 2 hereof, (it) interest payable on the cc Note, (in) principal of the Note, (iv) interest payable on advances made pursuant to paragraph 8 hereof, (v) principal of advances trade pursuant to paragraph 8 hereof, (vi) interest payable on any Future Advance, C7 ao provided that tf more than one Future Advance is outstanding, Lender may apply payments received among the amounts of Interest payable on the Future Advances in such order as Lender, in Lender's sole discretion, ur may determine, (vii) principal of any Future Advance, provided that if more than one Future Advance is =.) outstanding, Lender may apply payments received among the pnncipal balances of the Future Advances in such order as Lender, in Lender's sole discretion, may determine, and (viii) any other sums secured by this instrument in such order as Lender, at Lender's option may determine, provided, however, that Lender may, at Lender's option, apply any sums payable pursuant to paragraph 8 hereof prior to interest on and principal of the Note, but such application shall not otherwise affect the order of pnonty of application specified in this paragraph 3 4 CHARGES, LIENS Borrower shall pay all water and sewer rates, rents, taxes, assessments, premiums, and Other Impositions attributable to the Property at Lender's option in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof, or in such other manner as Lender may designate in writing Borrower shall promptly furnish to Lender receipts evidencing such payments Borrower shall promptly discharge any hen which has, or may have, priority over or equality with, the lien of this Instrument, and Borrower shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property Without Lender's prior written permission, Borrower shall not allow any hen inferior to this Instrument to be perfected against the Property 5 HAZARD INSURANCE Borrower shall keep the improvements uow existing or hereafter erected on the Property insured by carriers at all tines satisfactory to Lender against loss by fire, hazards included within the. term "extended coverage ", rent loss and such other hazards, casualties, liabilities and contingencies as Lender (and, if this Instrument is on a leasehold, the ground lease) shall requtre and in such amounts and for such periods as Lender shall require All preriums on insurance policies shall be paid, at Lender's option, in the manner provided under paragraph 2 hereof, or by Borrower making payment, when due, directly to the carrier, or in such other manner as Lender may designate in writing All insurance policies and renewals thereof shall be in a' form acceptable to Lender and shall include a standard Deed Of Trust clause in favor of and in form acceptable to Lender Lender shall have the right to hold the policies, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums At least thirty days prior to the expiration date of a policy, Borrower shall deliver to Lender a renewal policy m form satisfactory to Lender If this Instrument is on a leasehold, Borrower shall furnish Lender a duplicate of all policies, renewal notices, renewal policies and receipts of paid premiums if, by virtue of the ground lease, the originals thereof may not be supplied by Borrower to Lender In the event of loss, Borrower shall give immediate written notice to the insurance carrier and to Lender Borrower hereby authorizes and empowers Lender as attorney -in -fact for Borrower to make proof of loss, to adjust and compromise any claim under insurance policies, to appear in and prosecute any action arising from such insurance policies, to collect and receive insurance proceeds, and to deduct therefrom Lender's expenses incurred in the collection of such proceeds, provided however, that nothing contained in this paragraph 5 shall require Lender to incur any expense or take any action hereunder Borrower further authonzes Lender, at Lender's option, (a) to hold the balance of such proceeds to be used to reimburse Borrower for the cost of reconstruction or repair of the Property or (b) to apply the balance of such proceeds to the payment of the sums secured by this Instrument, whether or not then due, in the order of application set forth in paragraph 3 hereof (subject, however, to the rights of the lessor under the ground lease if this Instrument is on a leasehold) If the insurance proceeds are held by Lender to reimburse Borrower for the cost of restoration and repair of the Property, the Property shall be restored to the equivalent of its original condition or such other condition as Lender may approve in writing Lender may, at Lender's option, condition disbursement of said proceeds on Lender's approval of such plans and specifications of an arclutect satisfactory to Lender, contractor's cost estimates, architect's certificates, waivers of hens, sworn statements of mechanics and matenalmen and such other evidence of costs, percentage completion of construction, application of payments, and satisfaction of hens as Lender may reasonably require If the insurance proceeds are applied to the payment of the sums secured by this Instrument, any such application of proceeds to principal shall not exceed or postpone the due dates of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amounts of such installments If the Property is sold pursuant to paragraph 26 hereof or if Lender acquires title to the Property, Lender shall have all of the right, title and interest of Borrower in and to any insurance policies and unearned premiums thereon and in and to the proceeds resulting from any damage to the Property prior to such sale or acquisition 6 PRESERVATION AND MAINTENANCE OF PROPERTY, LEASEHOLDS Borrower (a) shall not commit waste or permit impairment or deterioration of the Property, (b) shall not abandon the Property, (c) shall restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Lender may approve in writing, in the event of any damage, injury or loss thereto, whether or not Insurance proceeds are available to cover in whole or in part the costs of such restoration or repair, (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances thereon in good repair and shall replace fixtures, equipment, machinery and appliances on the Property 'when necessary to keep such items to good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, (f) upon written demand by Lender shall provide for professional management of the Property by a residential rental property manager satisfactory to Lender pursuant to a contract approved by Lender in writing, (g) shall generally operate and maintain the Property in a manner to ensure maximum rentals, and (h) shall give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security of this Instrument or the rights of powers of Lender Neither Borrower nor any tenant or other person shall remove, demolish or alter any unprovement now existing or hereafter erected on the Property or any fixture, equipment, machinery or appliance in or on the Property except when incident to the replacement of fixtures, equipment, machinery and appliances with items of like kind If this Instrument is on a leasehold, Borrower (i) shall comply with the provisions of the ground lease, (it) shall give immediate written notice to Lender of any default by lessor under the ground lease or of' any notice received by Borrower from such lessor of any default under the ground lease by Borrower, (iii) shall exercise any option to renew or extend the ground lease and give written confirmation thereof to Lender within thirty days after such option becomes exercisable, (iv) shall give immediate written notice to Lender of the commencement of any remedial proceedings under the ground lease by any party thereto and, if required by Lender, shall permit Lender as Borrower's attorney -in -fact to control and act for Borrower in any such remedial proceedings and (v) shall within thirty days after request by Lender obtain from the lessor under the ground lease and deliver to Lender the lessor's estoppel certificate required thereunder, if any Borrower hereby expressly transfers and assigns to Lender the benefit of all covenants contained in the ground lease, whether or not such covenants run with the land, but Lender shall have no liability with respect to such covenants nor any other covenants contained in the ground lease Borrower shall not surrender the leasehold estate and interests herein conveyed nor ternunate or cancel the ground lease creating said estate and interests, and Borrower shall not, without the express written consent of Lender, alter or amend said ground lease Borrower covenants and agrees that there shall not be a merger of the ground lease, or of the leasehold estate created thereby, with the fee estate covered by the ground lease by reason of said leasehold estate or said fee estate, or any part of either, coming into common ownership, unless Lender shall consent in writing to such merger, if Borrower shall acquire such fee estate, then this Instrument shall simultaneously and without further action be spread so as to become a hen on such fee estate 7 USE OF PROPERTY Unless required by applicable law or unless Lender has otherwise agreed in wntmg, Borrower shall not allow changes in the use for which all or any part of the Property was intended at the time this Instrument was executed Borrower shall not initiate or acquiesce in a change in the zoning cx' classificahon of the Property without Lender's prior written consent Property is not used pnmanly for agricultural or farming purposes 8 PROTECTION OF LENDER'S SECURITY If Borrower fails to perform the covenants and agreements cc, contained in this Instrument, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code t , enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's e-� option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender's interest, including, but not limited to, (i) disbursement of attorney's fees, (u) entry upon the Property to make repairs, (in) procurement of satisfactory insurance as provided in paragraph 5 hereof, and (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease Any amounts disbursed by Lender pursuant to this paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this Instrument Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law Borrower hereby covenants and agrees that Lender shall be subrogatcd to the hen of any Deed Of Trust or other hen discharged, in whole or in part, by the indebtedness securcd hereby Nothing contained in this paragraph 8 shall require Lender to incur any expense or take any action hereunder 9 INSPECTION Lender may make or cause to be made reasonable entries upon and inspections of the Property • 10 BOOKS AND RECORDS Borrower shall keep and maintain at all times at Borrower's address stated below, or such other place as Lender may approve in writing, complete and accurate books of accounts and records adequate to reflect correctly the results of the operation of the Property and copies of all written contracts, leases and other instruments which affect the Property Such books, records, contracts, leases and other instruments shall be subject to exanunation and inspection at any reasonable time by Lender Upon Lender's request, Borrower shall furnish to Lender, within thirty days after the end 'of each fiscal year of Borrower, a balance sheet, a statement of income and expenses of the Property and a statement of changes in financial position, each in reasonable detail and certified by Borrower and, if Lender shall require, by an independent certified public accountant Borrower shall furnish, together with the foregoing financial statements and at any other time upon Lender's request, a rent schedule for the Property, certified by Borrower, showing the name of each tenant, and for each tenant, the space occupied, the lease expiration date, the rent payable and the rent paid 11 CONDEMNATION . Borrower shall promptly notify Lender of any action or proceeding relating to any condemnation or other taking, whether direct or indirect, of the Property, or part thereof, and Borrower shall appear in and prosecute any such action or proceeding unless otherwise directed by Lender in writing Borrower authonzes Lender, at Lender's option, as attorney -in -fact for Borrower, to commence, appear in and prosecute, in Lender's or Borrower's name, any action or proceeding relating to any condemnation or other taking The proceeds of any award, payment or claim for damages, direct or consequential, in connection with any condemnation or other taking, whether direct or indirect, of the Property, or part thereof, or for conveyances in heu of condemnation, are hereby assigned to and shall be paid to Lender subject, if this Instrument is on a leasehold, to the rights of lessor under the ground lease Borrower authorizes Lender to apply such awards, payments, proceeds or damages, after the deduction of Lender's expenses incurred in the collection of such amounts, at Lender's option, to restoration or repair of the Property or to payment of the sums secured by this Instrument, whether or not then due, in the order of application set forth in paragraph 3 hereof, with the balance, if any, to Borrower Unless Borrower and Lender otherwise agree in 0o writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly c--- installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments Borrower en agrees to execute such further evidence of assignment of any awards, proceeds, damages or claims arising in a-a connection with such condemnation or taking as Lender may require u 12 BORROWER AND LIEN NOT RELEASED From time to time, Lender may, at Lender's option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns of any junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the tune for payrnent of said indebtedness or c.i any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payrnent of said indebtedness, release from the hen of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period of amortization of the Not or change the amount of the monthly installments payable thereunder Any actions taken by Lender pursuant to the terms of this paragraph 12 shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the hen or priority of hen hereof on the Property Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lender's option, for any such action if taken at Borrower's request 13 FORBEARANCE BY LENDER NOT A WAIVER Any forbearance by Lender in exercising any nght or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy The acceptance by Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender's right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Instrument, nor shall Lender's receipt of any awards, proceeds or damages under paragraphs 5 and 11 hereof operate to cure or waive Borrower's default m payment of sums secured by this Instnunent 14 ESTOPPEL CERTIFICATE Borrower shall within ten days of a written request from Lender furnish Lender with a written statement, duly acknowledged, setting forth the sums secured by this Instrument and any right of set -off, counterclaim or other defense which exists against such sums and the obligations of this Instrument 15 UNIFORM COMMERCIAL CODE SECURITY AGREEMENT This Instrument is intended to be a security agreement pursuant to the Uniform Commercial Code for any of the items specified above as part of the Property which, under applicable law, may be subject to a secunty interest pursuant to the Uniform Commercial Code, and Borrower hereby grants Lender a security interest in said items Borrower agrees that Lender may file this Instrument, or a reproduction thereof, m the real estate records or other appropriate index, as a financing statement for any of the items specified above as part of the Property Any reproduction of this Instrument or of any other security agreement or financing statement shall be sufficient as a financing statement- In addition, Borrower agrees to execute and deliver to Lender, upon Lender's request, any financing statements, as well as extensions, renewals and amendments thereof, and reproduction of this Instrument in such form as Lender may require to perfect a security interest with respect to said items Borrower shall pay all costs of filing such financing statements and any extensions, renewals, amendments and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements Lender may reasonably require Without the prior written consent of Lender, Borrower shall not create or suffer to be created pursuant to the Uniform Commercial Code any other security interest in said items, including replacements and additions thereto Upon Borrower's breach of any covenant or agreement of Borrower contained m this Instrument, including the covenants to pay when due all sums secured by this Instrument, Lender shall have the remedies of a secured party under the Uniform Commercial Code and, at c Lender's option, may also invoke the remedies provided in paragraph 26 of this Instrument as to such items In exercising any of said remedies, Lender may proceed against the items of real property and any items of °° personal property specified above as part of the Property separately or together and in any order whatsoever, without in any way affecting the availability of Lender's remedies under the Uniform Commercial Code or of Lc, the remedies provided in paragraph 26 of this Instrument 16 LEASES OF THE PROPERTY As used in this paragraph 16, the word "lease" shall mean "sublease" if o this Instrument is on a leasehold Borrower shall comply with and observe Borrower's obligations as landlord c.r under all leases of the Property or any part thereof Borrower will not lease any portion of the Property for non - residenbal use except with the prior written approval of Lender Borrower, at Lender's request, shall furnish Lender with executed copies of all leases now existing or hereafter made of all or any part of the Property, and all leases now or hereafter entered into will be in form and substance subject to the approval of Lender All leases of the Property shall specifically provide that such leases are subordinate to this Instrument, that the tenant attorns to Lender, such attornment to be effective upon Lender's acquisition of title to the Property, that the tenant agrees to execute such further evidences of attornment as Lender may from time to time request, that the attornment of the tenant shall not be ternunated by foreclosure, and that Lender may, at Lender's option, accept or reject such attornments Borrower shall not, without Lender's written consent, execute, modify, surrender or terminate, either orally or in writing, any lease now existing or hereafter made of all or any part of the Property providing for a term of three years or more, permit an assignment or sublease of such a lease without Lender's written consent, or request or consent to the subordination of any lease of all or any part of the Property to any hen subordinate to this Instrument If Borrower becomes aware that any tenant proposes to do, or is doing, any act or thing which may give rise to any right of set -off against rent, Borrower shall (i) take such steps as shall be reasonably calculated to prevent the accrual of any right to a set -off against rent, (n) notify Lender thereof and of the amount of said set -offs, and (iii) within ten days after such accrual, rennburse the tenant who shall have acquired such right to set -off or take such othier steps as shall effectively discharge such set -off and as shall assure that rents thereafter due shall continue to be payable without set -off or deduction • Upon Lender's request, Borrower shall assign to Lender, by written Instrument satisfactory to Lender, all leases now existing or hereafter made of all or any part of the Property and all security deposits made by tenants in connection with such leases of the Property Upon assignment by Borrower to Lender of any leases of the Property, Lender shall have all of the rights and powers possessed by Borrower prior to such assignment and Lender shall have the right to modify, extend or terminate such existing leases and to execute new leases, in Lender's sole discretion 17 REMEDIES CUMULATIVE Each remedy provided in this Instrument is distinct and cumulative to all other rights or remedies under this Instrument or afforded by law or equity, and may be exercised concurrently, independently, or successively, in any order whatsoever 18 ACCELERATION IN CASE OF BORROWER'S INSOLVENCY If Borrower shall voluntarily file a petition under the Federal Bankruptcy Act, as such Act may from time to time be amended, or under any surular or successor Federal statute relating to bankruptcy, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower, or if Borrower shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or Borrower's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower shall make an assignment for the benefit of Borrower's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower's assets and such seizure is not discharged within ten days, the Lender may, at Lender's option, declare all of the sums secured by this Instrument to be inunediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 26 of this Instrument Any attorney's fees and other expenses incurred by Lender in connection with Borrower's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by this Instrument pursuant to paragraph 8 hereof 19 TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN BORROWER, ASSUMPTION On sale or transfer of (i) all or any part of the Property, or any interest therein, or (ti) beneficial interests in Borrower (if Borrower is not a natural person or persons but is a corporation, partnership, trust or other legal entity), Lender may, at Lender's option, declare all of the sums secured by this Instnment to be immediately due and payable, and Lender may invoke any remedies permitted by paragraph 26 of this Instrument This option shall not apply in case of (a) transfers by devise or descent or by operation of law upon the death of a joint tenant or a partner, (b) the grant of a leasehold interest in a part of the Property of three years or less (or such longer lease term as Lender may permit by pnor written approval) not containing an option to purchase (except any interest in the ground lease, if this Instrument is on a leasehold), (c) sales or transfers of fixtures or any personal property pursuant to the first paragraph of paragraph 6 hereof 20 NOTICE Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Instrument or in the Note shall be given by mailing such notice by certified mail addressed to Borrower at Borrower's address stated below or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herem or to such other address as Lender may designate by notice to Borrower as provided herein Any notice provided for in this Instrument or in the Note shall be deemed to have been given to Borrower or Lender when given in the manner designated herein 21 SUCCESSORS AND ASSIGNS BOUND, JOINT AND SEVERAL LIABILITY, AGENTS, CAPTIONS The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 19 hereof All covenants and agreements of Borrower shall be joint and several In exercising any rights hereunder or taking any actions provided for herein, Lender may act through its employees, agents or mdependent contractors as authorized by Lender The captions and headings of the paragraphs of this Instrument are for convenience only and are not to be used to interpret or define the provisions hereof • 22 UNIFORM MULTIFAMILY INSTRUMENT, GOVERNING LAW, SEVERABILITY This form of multifamily instrument combines uniform covenants for national use and non - uniform covenants with.limited variations by jurisdiction to constitute a uniform security instrument covering real property and related fixtures and personal property This Instrument shall be governed by the law of the jurisdiction in which the Property is located In the event that any provision of this Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Instrument or the Note which can be given effect without the conflicting provisions, and to this end the provisions of this Instrument and the Note are declared to be severable In the event that any applicable law limiting the amount of interest or other charges permitted to be collected from Borrower is interpreted so that any charge provided for m this Instrument or in the Note, whether considered separately or together with other charges levied in connection with this Instrument and the Note, violates such law, and Borrower is entitled to the benefit of such law, such charge is hereby reduced to the extent necessary to eliminate such violation The amounts, if any, previously paid to Lender in excess of the amounts payable to Lender pursuant to such charges as reduced shall be applied by Lender to reduce the principal of the indebtedness evidenced by the Note For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Borrower has been violated, all indebtedness which is secured by this Instrument or evidenced by the Note and which constitutes interest, as well as all other charges levied in connection with such indebtedness which constitute interest, shall be deemed to be allocated and spread over the stated term of the Note Unless otherwise required by applicable law, such allocation and spreading shall be effected in such a manner that the rate of interest computed thereby is uniform throughout the stated term of the Note 23 WAIVER OF STATUTE OF LIMITATIONS Borrower hereby waives the right to assert any statute of limitations as a bar to the enforcement of the hen of this Instrument or to any action brought to enforce the Note or any other obligation secured by this Instrument 24 WAIVER OF MARSHALLING Notwithstanding the existence of any other security interests in the Property held by Lender or by any other party, Lender shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies provided herein Lender shall have the right to determine the order in which any or all portions of the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of the remedies provided herein Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein 25 ASSIGNMENT OF RENT, APPOINTMENT OF RECEIVER, LENDER IN POSSESSION As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for occupancy or use of all or any part of the Property, regardless of to whom the rents and revenues of the Property are payable Borrower hereby authorizes Lender or Lender's agents to collect the aforesaid rents and revenues and hereby directs each tenant of the Property to pay such rents to Lender or Lender's agents, provided, however, that prior to written notice given by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower, to apply the rents and revenues so collected to the sums secured by this Instrument in the order provided in paragraph 3 hereof with the balance, so long as no such breach has occurred, to the account of the Borrower, it being intended by Borrower and Lender that this assignment of rents constitutes an absolute assignment and not an assignment for additional security only Upon delivery of written notice by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument, and without the necessity of Lender entering upon and taking and maintaining full control for the Property in person, by agent or by a court- appointed receiver, Lender shall immediately be entitled to possession of all rents and revenues of the Property as specified in this paragraph 25 as the same become due and payable, including but not limited to rents then due and unpaid, and all such rents shall immediately upon delivery of such written notice of Borrower's breach by Lender to Borrower, each tenant of the Property shall make such rents payable to and pay such rents to Lender or Lender's agents on Lender's written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each rental unit, without any Lability on the part of said tenant to inquire further as to the existence of a default by Borrower Borrower hereby covenants that Borrower has not executed any prior assignment of said rents, that Borrower has not performed, and will not perform, any acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraph 25, and that at the time of execution of this Instrument there has been no anticipation or prepayment of any of the rents of the Property for more than two months prior to the due date of such rents Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Property more than two months prior to the due dates of such rents Borrower further covenants that Borrower will exercise and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request Upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, Lender may in person, by agent or by a court- appointed receiver, regardless of the adequacy of Lender's secunty, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the making of repairs to the Property and the execution or termination of contracts providing for.the management or maintenance of the Property, all on such terms as are deemed best to protect the secunty of this Instrument In the event Lender elects to seek the appointment of a receiver for the Property upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, Borrower hereby expressly consents to the appointment of such receiver Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property All rents and revenues collected subsequent to delivery of written notice by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument shall be applied first to cc the costs, if any, of taking control of and managing the Property and collecting the rents, including, but not limited to, attorneys fees, receiver's fees, premiums on receiver's bonds, costs of repairs to the Property, prenuurns on insurance policies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Borrower as lessor or landlord of the Property and then to the sums secured by this Instrument Lender or the receiver shall have access to the books and records used in the c- operation and maintenance of the Property and shall be liable to account only for those rents actually received Lender shall not be liable to Borrower, anyone claiming under or through Borrower or anyone ca having an interest in the Property by reason of anything done or left undone by Lender under this paragraph 25 If the rents of the Property are not sufficient to meet the costs, if any, of taking control of and managing the Property and collecting the rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Instrument pursuant to paragraph 8 hereof Unless Lender and Borrower agree in writing to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected by Borrower under applicable law Any entering upon and taking and maintaining of control of the Property by Lender or the receiver and any application of rents as provided herem shall not cure or waiver any default hereunder or invalidate any other right or remedy of Lender under applicable law or provided herein This assignment of rents of the Property shall terminate at such time as this Instrument ceases to secure indebtedness held by Lender Non - Uniform Covenants Borrower and Lender further covenant and agree as follows 26 ACCELERATION, REMEDIES Upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, including, but not limited to, the covenants to pay when due any sums secured by this Instrument, Lender at Lender's option may declare all of the sums secured by this Instrument to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law or provided herein Borrower acknowledges that the power of sale herein granted may be exercised by lender without prior judicial hearing Borrower has the right to bring the an action to assert the non - existence of a breach or any other defense of Borrower to acceleration and sale Lender shall be enhtled to collect all costs and expenses incurred m pursuing such remedies, including, but not linuted to, attorney's fees, costs of documentary evidence, abstracts and title reports If Lender invokes the power of sale, Lender shall give notice of sale in the manner provided by the laws of Washington to Borrower and to such other persons as the laws of Washington prescribe, and shall sell the property according to the laws of Washington Lender may sell the Property in one or more parcels and in such order as Lender may determine Lender may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale Lender or Lender's designee may purchase the Property at any sale Trustee shall deliver to the purchaser Lender's deed conveying the Property so sold without any covenant or warranty, expressed or implied The recitals in Lender's deed shall be prima facie evidence of the truth of the statements made therem The proceeds of the sale shall be applied in the following order, (a) to all costs and expenses of the sale, including, but not limited to, attorney's fees and costs of title evidence, (b) to all sums secured by this Instrument m such order as Lender, in Lender's sole discretion, directs, and (c) the excess, if any, to the clerk of the Circuit Court, of the county in which the sale is held 27 RELEASE Upon payment of all sums secured by this Instrument, Lender shall release this Instrument Borrower shall pay Lender's reasonable costs incurred in releasing this Instrument 28 WAIVER OF HOMESTEAD AND REDEMPTION Borrower hereby waives all right of homestead exemption in the Property Borrower hereby waives all right of redemption on behalf of Borrower and on co behalf of all other persons acquiring any interest or title m the Property subsequent to the date of this Instrument, except decree or Judgment creditors of Borrower 29 FUTURE ADVANCES Upon request of Borrower, Lender, at Lender's option so long as this Instrument secures indebtedness held by Lender, may make Future Advances to Borrower Such Future `r' Advances, with interest thereon, shall be secured by this Instrument when evidenced by promissory notes stating that said notes are secured hereby At no time shall the principal amount of the indebtedness secured a by this Instrument, not including sums advanced in accordance herewith to protect the security of this Instrument, exceed the original amount of the Note US ($1,000,000 00) plus the additional sum of US $ -0- N 30 SUBSTITUTE TRUSTEE Lender at Lender's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the city or county in which this Instrument is recorded Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee herein and apphcable law 31 The Borrower represents and agrees that the proceeds of the Note secured by this Mortgage will be used for business purposes and that the principal obligation secured hereby constitutes a business loan IN WITNESS WHEREOF, Borrower has executed this Instrument or has caused the same to be executed by its representatives thereunto duly authorized James K Lee Muni D Lee Property Address 4020 - 4030 S 140th St , Seattle, WA 98168 STATE OF WASHINGTON, INDXVIDUAL ACKNOWLEDGMENT I//t'` County ss I, lam' a Notary Public in and for said county and state, do hereby certify that James_K Lee amot Mimi D Lee, husband and life , , , , , personally known to me to be the same person(s) whose name(s) are subscrtbed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth dyi Given under my hand and official seal, this 1' day of May , 2001 My Commission Expires Afis JOY A GOODE NOTARY PUBLIC SATE OF WASHINGTON COMMISSION EXPIRES MARCH 27, 2004 Notary Public Exhibit "A" Legal Description Lots 13, 14, 15, 16 and 17, Block 7, ROBINS VIEW TRACT ADDITION TO RIVERTON, according to the Plat thereof recorded in Volume 17 of Plats, Page 90, records of IGng County, Washington. Property Address 4020 - 4030 S 140th St , Seattle, WA 98168 PI # 736060- 0465- 04,736060- 0475 -04 9409210354 Right of Entry Agreement Renewal TCI Cablevlsion of Washington, Inc. RETURN TO: 15241 Pacific Highway South Seattle, Wa. 98I88 PROPERTY OWNER Name: BIRCHCREST APARTMENTS Address: P.O. BOX 925 City: EDMONDS, WA 98020 Contact Person: Telephone: PROPERTY Name: BIRCH CRESTAPTS Address: 4030 S 140TH ST City: SEATTLE, WA 98168 Contact Person: Telephone: TCI CABLEVISION OF WASHINGTON 2233 112Th AVE. N.E. BELLEVUE. WA 98004 (206) 462.2863 This Agreerent entered into this / day of ,,,o Y", 1994, by and between TCI Cablevlsion of Washington, t� Inc. nc. ( "C'i31R , and BIRCHCREST APARTMENTS ( "OWNER ") located at P.O. BOX 925, ED ONDS, WA 98020. In consideration of the mutual covenants, benefits and promises set out herein, the parties mutually agree as follows: 1. OWNER hereby grants to COMPANY the right to construct, install, own, upgrade, operate and maintain equipment necessary to provide cable television service 4SYSTEM "), upon the pproperty and within the building(s) consisting of 37 units located at 030 S 140TH ST in the city of SEATTLE, and the county of KING, in the state of Washington (the "PROPERTY"). 2. Subject to the availability thereof pursuant to applicable programming agreements, and the terms hereof, it is understood and agreed that the programming semces offered by COMPANY hereunder will be those generally provided to the community. COMPANY reserves the right from time to time and at any time to modify or change such programming. 3. OWNER shall provide, without charge to the COMPANY, adequate space and electricity, and right of access for the construction, instailation,operations, maintenance and repair of the SYSTEM, and for marketing, disconnecting and maintaining its service to residents of the PROPERTY, including, if necessary, a key to any locked room or door that contains the COMPANY'S SYSTEM. 4. COMPANY shall construct, upgrade, install, own and maintain the SYSTEM in the building(s) described above, in accordance with all applicable regulations and codes. All parts of the SYSTEM on the PROPERTY, regardless of whether installed within or outside of building(s) and whether installed overhead, above, or underground, and shall remain the personal property of the COMPANY, and shall not be considered a fixture to the real estate or fixtures of the building(s) located thereon, nor shall any part of the SYSTEM be used at any time by or for the benefit of any party other than the COMPANY. 5 COMPANY agrees to indemnify OWNER for any damage caused by COMPANY arising from or relating to the construction, installation, operation or removal of such facilities by COMPANY. COMPANY agrees to maintain public liability insurance covering its activities on the property, in amounts of not less than 5500,000 for injury to any one person, 5500,000 aggregate for any single occurrence, and at least 5500,000 for property damage. ; • 6. TYPE bF ACCOUNT. INDIVIDUAL RATE ACCOUNT: (Initials of OWNER). OWNER agrees that COMPANY shall have the right to mar Tet and contract with individual residents of the PROPERTY for service, who shall be charged and billed individually for connection to the SYSTEM at the COMPANY'S regular and current mnnthly service rates, including applicable taxes and connection charges applicable to the service ordered. 7. By execution of the Agreement OWNER hereby grants COMPANY a Right of Entry and Easement over, across, along and under the PROPERTY for the construction, installation, marketing, disconnecting, maintenance, repair, and replacement of all parts of the SYSTEM to serve the PROPERTY and /or adjoining properties. 8. OWNER agrees that resident managers will notify the COMPANY if and when they become aware of any damages to the COMPANY'S equipment including, but not limited to, lock boxes, cable, vault and converters. 9. It is understood and agreed that COMPANY may abandon its facilities in place and shall not be responsible for the removal thereof if such abandoned facilities will not interfere with the use and occupancy of the PROPERTY. The facilities will not be considered to be abandoned unless written notice to the effect is given by COMPANY to OWNER. 10. The term of this Agreement shall be for a period of 15 years, from the date first written above, renewable upon mutual agreement between COMPANY and OWNER for an additional term of 15 years, however, the COMPANY may terminate this Agreement with thirty (30) days notice to the OWNER if COMPANY is unable to install or maintain the cable television system because of any governmental law, rule or regulation or due to any other cause beyond the reasonable control of the COMPANY. Should the OWNER d, elect to subscribe to a Bulk Rate Account for a term to be less than full tens of this t�Agreement, upon termination or expiration of the Bulk Rate Agreement terra the OWNER may renew that said Bulk Rate Agreement or convert to the individually billed p rate account(s) for the remainder of the term of this Agreement as outlined in section six v4(6), paragraph one (1) herein. C7) 11. This Atghreement supercedes any and all other Right of Entry pAgreements between the and Gil parties, relating o the subject ,mater hereof for other or ous Right of Entry 12. The benefits and obligations of this Agreement shall be considered as a covenant running with the land, and shall inure to the benefits of, and be binding upon, the successors, assignees, heirs and personal representatives of the OWNER and COMPANY. OWNER agreees to disclose said agreement to any subsequent OWNER of the property. 13. If legal, action is necessary to enforce any provision of this Agreement, the prevailing party in such action shall be entitled to recover its costs and expenses of such action, including reasonable attorney's fees as determined pursuant to such action. 14. The undersigned OWNER or authorized agent hereby represents that he/she is the OWNER of the PROPERTY, or the authorized agent of the OWNER, with full authority to bind the OWNER to the terms and conditions of this Agreement. 15. The OWNER shall not use nor permit the use of the COMPANY'S SYSTEM installed by the COMPANY or its agents, or any part of such SYSTEM for any purpose other than the transmission of the COMPANY signal. In particular, but without limitation, the COMPANY'S SYSTEM shall not carry signals from or become attached to a master antenna, individual outdoor antennas, antennas for reception of signals from satellites, other cable systems or operators, or any other means of providing television signal. • • 16. The OWNER agrees that the Services provided herein are for the private viewing only of its tenants, homeowners, occupants and residents. 17. The OWNER understands that the Agreement is not binding upon the COMPANY until signed by an officer of the COMPANY. OWNER: BIRCHCREST APARTMENTS 9409210354 Its: Date: atD e ate COMPANY: TCI Cablcvision of Washington, Inc. Its: State Vice President NOTARIZATION OF OWNER /AUTHORIZED AGENT SIGNATURE STATE OF WASHINGTON / SS COUNTY OF 5;110, ?0%r /// On this /9 day of , 1994, before me a Notary Public in the State of Washington, persona y appca 6 e.t jt L &),ae e4/ to me known to be the individual described in and who execute the within and foregoing Instrument, and acknowledged that he /shtrsigned the same as his/her-free and voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my band and offical seal the day and year *PUUC2AJ.B'KER hove �written. \P „�; B r''r j �,O.AFY• \9 r 1 , .,, ,, 1 �r yf'.1.,, t -9 = ti° ' I1 OF WASN�\- My commission Expires: STATE OF WASHINGTON ) SS COUNTY OF KING On August 2, 1994, before me, n Notary Public in and for said State, personally appeared Dan McCarty, known to me to be the Vice President of the corporation that executed the within Instrument, known to me to be the person who executed the within lnstument on behalf of the corporation therein named as COMPANY and acknowledged to me that such corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. WTI'NESS my hand and official seal. iifL siii. y K. ' 'th, No : Public In and for the State of Washington Rcsiding at: Kent, WA My Commission Expires: June 20, 1998 i CITY OF TUKWILA 1 Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan n,ci.tukwila.wa.us SEPA ENVIRONMENTAL RECEIV; VIEW JAN 0 6 2003 COMMVRINPTY APPLICATION NAME OF PROJECT/DEVELOPMENT: WA0647 -3 Foster / Birch Crest for Nextel West Corp., a Delaware corporation, dba Nextel Communications 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. 4020-- 4030 S 140th Street, Tukwila, WA 98168 73606 - 0475 -02 & 736060- 0465 -02 Quarter: SW Section: 15 Township: 23N Range: 04E (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. Name: Stephen B. Meadows, Stephen B. Meadows & Associates, Inc. Address: c%o Nextel Communications, 10545 Willows Road NE, Suite 100, Redmond, WA 98052 Phone: (425) 21743 -7446 Signature: s2C- G: WPPHANU.ANDUSE.APP\SEPAAPP.DOC, 06/16/00 FAX: (425) 278 -7404 Date: FOR STAFF USE ONLY SIERRA TYPE P-SEPA Planner: File Number: .'--v3 - vvl Application Complete (Date: ) Project File Number: 120' — 00 Application Incomplete (Date: ) Other File Numbers: L ()s_ Uv� NAME OF PROJECT/DEVELOPMENT: WA0647 -3 Foster / Birch Crest for Nextel West Corp., a Delaware corporation, dba Nextel Communications 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. 4020-- 4030 S 140th Street, Tukwila, WA 98168 73606 - 0475 -02 & 736060- 0465 -02 Quarter: SW Section: 15 Township: 23N Range: 04E (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. Name: Stephen B. Meadows, Stephen B. Meadows & Associates, Inc. Address: c%o Nextel Communications, 10545 Willows Road NE, Suite 100, Redmond, WA 98052 Phone: (425) 21743 -7446 Signature: s2C- G: WPPHANU.ANDUSE.APP\SEPAAPP.DOC, 06/16/00 FAX: (425) 278 -7404 Date: SEE 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: 1. Application Checklist: one (1) copy, indicating items submitted with application. 2. Four (4) copies of supporting studies with original signatures and license stamp as needed. /i/vp 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 ($32--5-). 5 60'.0) 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. 6. Two (2) sets of mailing labels for all property owners and tenants (residents and businesses) within 500 feet of the subject property. See Public Notice Materials. Note: Each unit in multiple- family buildings -e.g. apartments, condos, trailer parks must be included). t 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. PROPERTY INFORMATION 7. Vicinity Map with site location. t% 8. Surrounding Land Use Map for all existing land uses within a 1,000 foot radius from the lot's property lines. ✓ 9. Title Report -- Clearly establish status as legal lot(s) of record, ownership, all known easements and encumbrances. 10. Lot lines for 300 ft. from the site's property lines including right -of -ways. G:\ APPHAN\LANDUSE.APP\SEPAAPP.DOC, 06/16/00 1 1,1 :1 r. ; • k i i 1 7 ' ill Srm- t 111 i Its ■ F —N:• '1 Ms t 7 S , 1 i , ; • ; i 4, i t i • I' IS-TIT :111=r ;�' '. - " I L £ Cs.: a. . P %' i ' t . Wit' •' k • • • 7i R► ' I L a i 'f 4c WV% ' y FP WJ i -i •. .'1S • SI }TE Vyt •t,1 a _.. • R'• 1 •.; • 1. - "} S MVur:ae — — ..._CDi tf! Oft t• ti de 1 1 a Lv-• ^I Lr1 -Fi�. _."!� '1 hi i t p51 . fit• \--, i .. ; . .,....._.r ,.•yi i �:._._...V y.,�1 • i r- i C 't . ;= i f 05 • }f ,s It . . H ;: 1• I ; flit/colon - ' \ =Hr-i ld% . - - -- i -------- . f 4 i "'fit 1 • ; ,.. r ._._.. _.. • 1Q it ._f C�; { VICINITY MAP FROM . SEA —TAC AIRPORT:..:;, Continue (North) on North Exit Dr 0.3 mi Bear RIGHT (North) onto Ramp 0.1 mi Bear RIGHT (East) onto S 170th St 0.2 mi Bear LEFT (North) onto SR -99 [International Turn RIGHT (East) onto S 140th St 32 yds Arrive 4030 S 140th, St, Tukwila, WA 98168 Blvd) 2.0 RECEIVED JAN 0 6 2003 DE E OPMENT mi. DRIVING DIRECTIONS 0 ,•, tt �� O SITE ACQUISITION. DATE. LAND USE REP. DATE RF ENGINEER • . DATE INTERCONNECT DATE . CONFIGURATION ENGINEER DATE CONSTRUCTION ENGINEER DATE TEAM LEAD DATE PRODUCTION LEAD DATE EXPANSION MGR. DATE APPROVAL BLOCK *14. C GEES SHEET DESCRIPTION - REV. T1 TITLE SHEET 2 . LS1 TOPOGRAPHIC SURVEY - o Al. SITE PLAN. _ .2 A2 PARTIAL IST FLOOR PUN /EQUIPMENT PLAN ' - 2 A3 ELEVATIONS 2. A4. ELEVATIONS - 2 A5 PERSPECTIVES 2 ISSUED FOR •ZONING SUBMITTAL SHEET INDEX • DO NOT SCALE DRAWINGS CONTRACTOR SHALL VERIFY ALL PLAITS AND EXISTING DIMENSIONS AND' CONDITIONS ON THE JOB SITE AND SHALL IMMEDIATELY NOTIFY THE ARCHITECT IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME • GENERAL CONTRACTOR NOTES PREPARED FOR: MINIM NW MINIMEr army WA06473. FOSTER /BIRCH CREST 4020 -4030 S 140TH STREET TUKWILA, WA 98168 APPLICANT NEXTEL COMMUNICATIONS. INC. 10545 WILLOWS RD. NE SUITE 100 REDMOND. WA. 98052 CONTACT: BRAIN ADAMS PHONE: 425- 278 -2109 APPLICANT AGENT STEPHEN 8. MEADOWS k ASSOCIATES. INC.. C/0 NEXTEL COMMUNICATIONS 10545 WILLOWS RD. NE SURE 100 .. REDMOND. WA. 98052 CONTACT: STEVE MEADOWS PHONE - 425- 278 -7446 FAX: - 425-278-7404 ARCHITECT: KDC ARCHITECTS ENGINEERS P.C. 4630 200TH STREET SW. SUITE /K LYNNWOOD. WA 98036 CONTACT: ERIC CAMP PHONE 425- 670 -8851 FAX: 425- 712 -0848 ELECTRICAL ENGINEER: KDC ARCHITECTS ENGINEERS P.C. 4630 200TH STREET SW, SUITE /K LYNNW00D. WA 98036 CONTACT: ERIC CAMP . PHONE. 425- 670 -8651 FAX 425 -712 -0846 PROPERTY-INFORMATION OWNER: JAMES KHUAN LEE & TAM DU LEE CONTACT. JAMES KHUAN LEE PHONE: . (206) 275 -4888 AP.N. 736060 0475 02 h 0465 04 HANDICAP REQUIREMENTS: FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAPPED ACCESS NOT REOUIRED. PROJECT DIRECTORY -E -E -E =T -T CND (N) (E) PROPERTY UNE ELECTRICAL SERVICE TELCO SERVICE GROUNDING NEW XISTING DETAIL REFERENCE SYMBOL L J O - ELECTRIC METER SAFETY SWITCH PANEL BOARD p� - \ ELECTRICAL WIRING (TURNING DOWN) ELECTRICAL WIRING (TURNING• DOWN) O BACKBOARD llY RECEPTACLE SPECIAL RECEPTACLE ELEVATION REFERENCE . -• - OUADRAPLEX SYMBOL RECEPTACLE. • PLAN. REFERENCE SYMBOL row? BAR ER GROUND GROUND ATTACHMENT ' LEGEND THE PROJECT CONSISTS OF THE INSTALLATION AND OPERATION OF ANTENNAS AND ASSOCIATED EQUIPMENT FOR NEXTEL'S WIRELESS TELECOMMUNICATIONS NETWORK. A PROPOSED (1) SECTOR (4) ANTENNAS INITIAL BUILD. (6) ANTENNAS FUTURE USE. TOTAL (3) SECTORS (12) ANTENNAS FINAL BUILD OUT MOUNTED TO MULTIPLE TRI -PODS ENCLOSED WITHIN SHROUD ON TOP OF (5] BUILDING. PROPOSED NEXTEL EQUIPMENT CABINETS TO BE LOCATED IN THE NORTH SIDE OF THE [E] BUILDING. PROJECT SUMMARY SITE LOCATION: 4020 - 4030 5 140TH STREET TUKWILA WA 98168 OWNER: - JAMES KHUAN LEE & MIMI DU LEE 3425 97TH AVENUE SE MERCER ISLAND, WA 98040 CONTACT: JAMES KHUAN LEE JURISDICTION: KING COUNTY PROPOSED EQUIPMENT OCCUPANCY: GROUP 'U', DMSIIONS 1 AND 2; UNMANNED TELECOMMUNICATIONS FACILITIES WATER SUPPLY / WASTE WATER: NONE . BUILDING CODE: UNIFORM BUILDING CODE 1997 ALL WORK. IS TO COMPLY- WITH THE WASHINGTON STATE BUILDING CODE. AMENDMENTS AND STANDARDS INCLUDING THE FOLLOWING CODES: THE 1997: UNIFORM BLDG CODE STANDARDS AND AMENDMENTS: UNIFORM MECHANICAL CODE STANDARDS AND AMENDMENTS; UNIFORM FIRE CODE STANDARDS AND AMENDMENTS; AND UNIFORM PLUMBING CODE STANDARDS AND. AMENDMENTS., • • WHERE THERE IS A CONFUCT BETWEEN CODES, AN EARUER .. . NAMED CODE TAXES PRECEDENCE OF A LATER NAMED CODE.. IN ANY SPECIFIC CASE ON CONFLICTS BETWEEN SECTIONS OF ANY CODE REGUAROING MATERIALS, METHODS OF CONSTRUCTION. OR OTHER REQUIREMENTS. THE MOST RESTRICTIVE SHALL GOVERN. WHERE THERE IS CONFLICT BETWEEN A GENERAL REQUIREMENT AND A SPECIFIC REQUIREMENT, THE SPECIFIC REQUIREMENT SHALL GOVERN. CODE BLOCK FROM SEA -TAC AIRPORT: . Continua (North) on North Exit Dr 0.3 mi - Bear RIGHT (North) onto Ramp 0.1 mi Bear RIGHT (Eost) onto 5 170th St 0.2 m; Bear LEFT (North) onto SR -99 [International BIM] 2.0 mi Turn RIGHT (Eost) onto 5 140th 5l 32 yds Arrive, 4030 5 140th .St. Taken°. WA 98168 DRIVING DIRECTIONS NEXTEL 10545 WILLOWS ROAD NE. SURE 100 REDMOND. WA. 98052 = PROJECT INFORMATION- FOSTER/BIRCH CREST WA0647 -3 4020 - 4030 S " 140TH STREET TUKWILA, WA 98168 KING COUNTY -.CURRENT ISSUE DATE: 08/05/2003 ZONING SUBMITTAL ..Ct7ATF• �1CGI^RIPTInu 1a v• A05/28/2003 PREEZD•FR wt., /� / \ 05/30/2003 ISSUED SU ZONING SUBMITTAL � JIM /� / \ 08/05/2003 ISSUED FOR 20NWG SUBMITTAL BJG LANS PREPARED BY: • s MI NT . 1 M• II 1 KDC Architects - Engineers. P.C. 4630 teem STREET SW. SU1E K L11846000. WA 96636 11C* (425) 610 -6651 FAX: (425) 712-0846 TITLE SHEET -SHEET NUMBER- REVISION- T-1 117020 GRAPHIC SCALE 1 e XI ( 1M TER ) 1 Inch - DO R 1 HEEL. 10545 WILLOWS ROAD NE. SUITE 100 REDMOND. WA. 98052 ROJECT INFORMATION: VICINITY MAP MO WAX FOSTER BIRCHCREST WA0647 -3 4020 -4030 SO. 140TH STREET TUKWILA. WASHINGTON 98168 KING COUNTY LEGAL DESCRIPTION URRENT ISSUE DATE: 9Q /QUTY WOOL WILE COMPANY or 1nWUIWoo Olou 14 IDR!l237 DATED 0=101 IN. ROIL LOTS 13. 14. IA 19 MO 17 DOM 7. MOM MEW =ACT AEOII9I 1D WW71101 3RO1010 W DC RAT MITITAli . IaDO ED IM YOLYR 17 01 RAN; PACE f4 MGCOITS CT 11110 OOM1T. 91LtMIST011, swat MI vac COMITY or so. sun or waWaRTOL 11/19/2002 58732161E 300.00' — — DESCRIPTION OF EASEMENTS: 1m NORM NA1011AL WU COMPANY OF IM1M161OI 010{111 N8.0771407 041011 NORM= 30. Sam. .. p DOORN15 AIR sow a1 sA0 1010117 1WLE 10411Y MP 18991001 OM001 NIL 0771407. -19• ACE UTILITY 40.r AGE U1IJ TA ED — r- �ma41L ti N875218 -W 4.66' • • TOPOGRAPHIC SURVEY NOTES SITE NUMBER: WA 0847 -3 SITE NAME: FOSTER BIRCHCREST SITE ADDRESS: 4020 -4030 S0. 140TH TUKWILA. WA. 98168 OWNERS NAME: UNMAN OWNERS ADDRESS: UNKOWN OWNER'S PHONE:. UNICOWN TAX PARCEL if: 736060- 0465 -04 AND 736060- 0475 -02 HORIZONTAL CONTROL BASIS OF POSITION FOUND 1/16 CORNER MONUMENT IN THE INTERSECTION OF S. 140TH AND 137TH AVE SE N 5047.69 E 3718.96 ASSUMED COORDINATE SYSTEM ONSULTANT: BASIS OP BEARDVGS SAID FOUND 1/16 CORNER MONUMENT AND A FOUND MONUMENT AT THE SW CORNER OF THE C.C. LEWIS D.LC. L NEIT52'GS -W e. NORTH 0148'59- WEST . 1234.86' RECORD 1234.90• MEASURED S.W. CORNER OF . EXIS77NG BUILDING N 5069.81 E 4537.33 .,..ASSUMED COORDINATE SYSTEM SCALED GEOGRAPHIC. POSITION FROM U.S.G.S. QUAD MAP TAT,: 47' 28' 41- NORTH 1983 NORTH AMERICAN DATUM LONG.: 122' 16' 59- WEST LAT.: 4T 28' 42- LONG.: NORTH NORTH 'AMEPoCAN DATUM LON: 122' 16' 54" WEST ELEVATION -- 273' (GROUND AT S.W. BUILDING CORNER) NATIONAL GEODETIC VERTICAL DATUM OF 1929 U.S.G.S. QUADRANGLE BURIEN. WASHINGTON SCALE 1:25.000 METRIC 7.5 X 15 MINUTE SERIES TOPOGRAPHIC- BATHYMETRIC YEAR - 1983 MAGNETIC DECIJNATION 2V EAST —REV.: DATE. IESCRIPTION 8Y 11/19/W2 69RD F18910 SWCY LEGEND VERTICAL DATUM TITLE: NATIONAL GEODETIC VERTICAL DATUM OF 1929 CONTOUR. INTERVAL 1 FOOT EQUIPMENT EMPLOYED ¢ uou r Pou R PROPQ1r UME TOPOGRAPHIC SURVEY TOPCON 225D ELECTRONIC TOTAL STATION AND A MAGELLAN GPS315 HANDHELD CPS UNIT SURVEYORS NOTES: THIS TOPOGRAPHIC SURVEY DOES NOT REPRESENT A BOUNDARY SURVEY. •0•10-.111K01. SHEET NUMBER:—REVISION: LS01 o. 'oB# IMPERVIOUS SURFACE: TOTAL LOT AREA: 41994 50. FT. TOTAL (5) IMPERVIOUS SURFACE AREA 33254 SO. FT. TOTAL PROPOSED. NE%TEL IMPf74V10US SURFACE AREA 450 S0. FT. TOTAL IMPERVIOUS SURFACE AREA AFTER INSTALLATION: 33704 50. FT. TOTAL 0(51116 PERCENT OF IMPERVIOUS SURFACE 79.192 TOTAL PERCENT IMPERVIOUS SURFACE AFTER INSTALLATION: 80.262 LOT NOTE: • PAINT NOTE: TOTAL LOT AREA: 41994 S0. FT. TOTAL BUILDING AREA: 12275 S0. FT. TOTAL NEXTEL AREA: 450 S0.' FT. TOTAL 2 COVERED BEFORE 29.232 TOTAL 2 COVERED AFTER: 30.305 PROPOSED PROJECT AREA SEE POWER TO ORIGINATE FROM POWER/TELCO ROOM ON 15T F.0011. LOCATED W THE NORTHEAST END OF BUILDING TELCO TO ORIGINATE FROM (E) URUTY POLE WITH TELCO TERMINAL ON SOUTH 140114 STREET. ON EAST ENO OF BUILDING. TWO POLES EAST OF POLE /4004. BOTH POWER AND TELCO TO BE ROUTED U.G. 10 EQUIPMENT UTIUIY RACK. = PROJECT INFORMATION: 5 POWER/TELCO NOTES 1. NO PAWING 6 AFFECTED DI 1146.8151AL1AT914. EROSION CONTROL TO DE 1/41/1TASED mamma CONSTRUCTION R1ASE LADDER FROM e• -0• Tau+ W/ 4•-0'. LDCNING ::- COVER 4. PRONOE 4GNAGE AT EQUIPMENT READING AS F0LLOVS: VADM- FREOUENCY EQUIPMENT IN USE AT SITE. W 'CASE OF EMERGENCY. PLEASE CALL 1-800 -387 -7547. 6. 52461 LOCATION OF GPS ANTENNA TO BE VERIFlm IN THE FIELD AND 6 TO BE MOUNTED A MINIMUM OF 15- FROM FOSTER /BIRCH CREST. WA0647 -3 4020 — 4030 S 140TH STREET TUKWILA, WA 98168 KING COUNTY — CURRENT ISSUE DATE: 08/05/2003 — ISSUED FOR; ZONING SUBMITTAL. REV..— DATE. — DESCRIPTJON: BY: QO 05/28/2003 55UE0 FOR PRE -ZD•s 05/30/2003 ISSUED FOR ZONING SUBMITTAL JIG 41 ZONING NOTES N.T.S 08/05/2003 ISSUED FOR ZONING SUBMITTAL BJG IIIIIIIIIIIIIIIII® - IIIIIIIIIIIIIIIII LANS PREPARED BY: I— R NM • 6 H- • 1 1 MI II 1 1 NM„ ICIDC Arctilects — Engineers. P.C. 4430 2001N STREET SIR SUITE K 1.71•6004 t1. 96036 Roe (425) 610 -6551 FNC (425) 712 -0546 j O. 1'E 0859 H. ONES �— (5) UDITTV POLE 19• -3' 55752'16"E 300.00 SHEET TITLE 300.00' 148752 05'w SITE PLAN =SHEET NUMBER. —REVISION PROPOSED NEXTEL ANTENNAS 81THl4 30' • RF TRANSPARENT SHROUD SITE PLAN SCALE: 21 BOUNDARY PLAN 117020 NOTES 1. CONSTRUCTWN SHALL BE PERFORMED SO AS T0 0111102E THE AREA OF UNSTABOIZED SOIL A MAXIMUM Of 1000 SF OF DIRT MAY BE EXPOSED AT ANY GIVEN 190E 2. EARTHEN AREAS THAT ARE SUBJECT TO CONTRIBUTING SEDIMENTS DURING STORM EVENTS AND WHERE EARTH MOVEMENT TS NOT ANTICIPATED FOR 48 HOURS SHALL BE STAB8J2ED US01C THE FOLLOWING BMPS: -STOCK PtES SNAIL BE COVERED WITH PLASTIC - DENUDED SODS SHALL BE COVERED WI144 4' OF STRAW one Of CRUSHED ROCK SURFACING 3. SOILS SHALL NIT BE DISTURBED EXCEPT OF ACTUAL CONSTRUCTON ACTIVITIES. PARKING B ALLOWED ONLY ON PAVED AND /OR GRAVEL SURFACES 4. WHEN RAINFALL 6 HEAVY (DEFINED BY RAINFALL HARD ENOUGH TO PRODUCE SEDINFNF RUNOFT FROM EXPOSED DIRT). ALL EXPOSED WOMAN SHALL BE COVERED. NO OTHER CONSTRUCTION ACTIVITY SHALL OCCUR ON PERNOUS SURFACES DURING THESE OF HEAVY RAIN. .1J PARTIAL 1ST FLOOR PLAN/EQUIPMENT PLAN 4 4 SCALE 1#4-1 •-0' NEXFEE 10545 WILLOWS ROAD NE. SU(TE 100 REDMOND. WA. 98052 = PROJECT INFORMATION: FOSTER /BIRCH CREST WA0647 -3 4020 — 4030 5 140TH STREET TUKWILA. WA 98168 KING COUNTY 08/05/2003 ZONING SUBMITTAL OQ 05/28/2003 ISSU-ZED D' FS OR ., PRE LCN 05/30/2003 .ISSUED FOR ZONING SUBMITTAL JMC Q2 08/05/2003 ISSUED FOR ZONING SUBMITTAL BJC LANS PREPARED BY: MN • 6 MI MI • 1 1 ::: 1 I ATdsleets Engineers. P.C. 11 ICDC 4670 20001 STREET SIX SURE K LWOIROCO. Y 96036. RIME: (125) 670 -6651 FAIL (423) 712 -0616 JMG EJC HEET TITLE PARTIAL 1ST FLOOR PLAN/ EQUIPMENT HEET NUMBER•- - REVISION A -2 117020 PAINT NOTE: PAINT PROPOSED NEXTEL ANTENNA SHROUD AND MOUNTING HARDWARE TO MATCH (E) BUILDING COLOR 1 T.O. PROPOSED NEXTEL ANTENNAS IP ELEV. 23'-8- C.L. OF PROPOSED NEXTEL ANTENNAS IV ELEV. 21'-0 - PROPOSED NEXTEL ACCESS LADDER TO ROOF FROM 6' -0• A.G.E PROPOSED 4'-0 -. LAU®1G omit PROPOSED NEXTEL COAX CHASE m ROOF EXISTING 6' -0- t+Ki1J CHAIN UNK FENCE FENCE NOTE EXISTING 6' -0- HIGH CroUNUNK FENCE SHOWN DASHED IN ELEVATIONS FOR CLARITY 1 *MOONS W,TNIN 30•• RE TRANSPARENT SHROUD PROPOSED NEXTEL . - CPS ANTENNAS 1 I PARTIAL NORTH ELEVATION 0 0 ID- 0- -IEE-=1 0 0 4- I 0 0. n71 _ +-I 1 TOP OF [2] BUALD1NG odh ELEV. 18'-0- TOP OF [E] ROOF UNE 45 ELEV. 17• -0• GRADE 1 PAINT NOTE: PMNT PROPOSED NEXTEL ANTENNA - SHROUD AND MOUNTING HARDWARE TO MATCH (E). BUILDING COLOR • FENCE NOTE EXISITNG 6' -0' HIGH CIWNUNK• FENCE SHOWN DASHED IN ELEVATIONS FOR CLARITY 1 EXISTING 6'-0• HIGH CHMN LINK FENCE 0 0 I-1 n� i SCLLE TOP OF [2) BUILDING ajk ELEV. 19' -0" TOP OF [E) ROOF UNE zidk ELEV. 17-0'- GRADE 2 WEST ELEVATION 1/8 -_1.O ag 3 ANTENNA PLAN ?ALE 1•_1'-0• NLUEL 10545 WILLOWS ROAD NE. SUITE 100 REDMOND. WA. 98052 = PROJECT INFORMATION: FOSTER /BIRCH CREST WA0647 -3 4020 — 4030 S 140TH STREET TUKWILA, WA 98168 KING COUNTY 08/05/2003 ZONING .SUBMITTAL• • OQ 05/28/2003 2$1ED FOR PRE -ID'S t.CN Q 05/30/2003 ISSUED FOR AG SUBMITTAL JMG QISSUED 2 08/05/2003 FOR 20MNG SUBMTfTAL BJG LANS PREPARED BY: kchiteets — Engineers, P.C. 4630 21:0111 STREET SR, 00366 memo. I A 990 SIXIE memo. Roe (125) 670 -6651 FAY (425) 712 -0016 BJG JMG EJC ELEVATIONS HEET NUMBER: REVISION: A -3 117020 1 1 PAINT NOTE: PAINT PROPOSED NEXTEL ANTENNA SHROUD AND MOUNTING HARDWARE . TO MATCH (E) BUILDING COLOR • FENCE NOTE: EXISTING 8•-0• HIGH CHANUNK FENCE SHOWN DASHED 1N ELEVATIONS F CLARITY 1 PROPOSED HEMEL ANTENNAS 8.11HIN 30•• RF TRANSPARENT SHROUD PROPOSED NEXIEL CPS ANTENNAS • —r GRADE 1 PARTIAL SOUTH ELEVATION l T.O. PROPOSED NEXTEL AHTVAMAS / OEV. 23• -6• C.L OF PROPOSED NEXT°. ANTENNAS . ELEV. 21' -0• TOP OF [E] BUILDING ELEV. t8 -0• . \ TOP OF (E] ROOF LNE ELEV. 1T-0 • PROPOSED NDTEL ACCESS LADDER TO ROOF FROM 8•-0• A.C.E. PROPOSED NE M. COAX CHASE To ROOF • 1 PAINT NOTE: PAINT PROPOSED NEXTEL ANTENNA SHROUD AND MOUNTING HARDWARE .TO MATCH (E) BUILDING COLOR TOP OF (E] BUILDING ELEV. 19• -0• TOP OF (E] ROOF LINE ELEV. Ir -e . . CHASING 8•- IIG1 I1� CHAIN LINK FENCE GRADE FENCE NOTE EXISTING B'=0" HIGH • CHANLNK FENCE SHOWN DASHED IN ELEVATORS CLARITY T.O. PROPOSED NEWEL ANIMUS INIF ELEV.. 23• -6• c.L. OF PROPOSED Nona ANTENNAS • ELEV. 21• -0• 0 0 -I- 1 1 —1-- -I I— -I-1 1 n fl PROPOSED MEMEL /--ANTENNAS WITHIN 30.1 RF 1RANSPAREIT SHROUD PROPOSED Roam CPS ANIMUS 0 i ...dig T PROPOSED CHASE NEXTEL TO ROOf — 'ON Mi Sl APROPOSED GON =L,7 MS NE,TEL AB A / C (FANS UNITS PROPOSED NEXTEL ACCESS LADDER TO ROOF FROM 8• -0• INN I! 2 I EAST ELEVATION II II I71 I I 11 1 6. -0: r - I GRADE PROPOSED NEM • ANTENNA 30•. RF TRANSPARENT SHROUD PROPOSED NEXTEL ANTENNA WITHIN SHROUD • PROPOSED 4•I MOUNTING PIPE • PROPOSED NEXTEL TRI -POD MOUNT . PROPOSED NOM ROOFTOP SLEEPERS i SCALE: 1dB-1 •-0. I I .r_1. �•T -x--11 • • • LLJ `L_ -I__JJ I4• • SCALE: 3 ANTENNA SHROUD DETAIL SCALE: 1 • . NE2TEE 10545 WILLOWS ROAD NE, SUITE 100 REDMOND, WA. 98052 = PROJECT INFORMATION: FOSTER /BIRCH CREST WA0647 -3 4020 - 4030 S 140TH STREET TUKWILA, WA 98168 KING COUNTY - CURRENT ISSUE DATE: 08/05/2003 ZONING SUBMITTAL• • • QO 05/28/2003 ISSUED FOR _ PRE -ZD'S �N A / \ 03/30/200.1 ISSUED FOR ZONING SUBMTRAL . JIACi 08/05/2003 ZONING FOR ZONING SUBMITTAL BJG LANS PREPARED BY: 111•M moo . ■■ ■ •1 KOC A01015e(B - EN 'VIES. P.C. 1670 200114 SAW 91. 911E K LININOOD. NI 16476 R101E (425) 670 -6631 FAL (425) 712-0616 BJG I JMG EJC HE ELEVATIONS -SHEET NUMBER: REVISION: 117020 NEITEL. 10545 WILLOWS ROAD NE. SUITE 100 REDMOND. WA. 98052 PROJECT INFORMATION: FOSTER /BIRCH CREST WA0647 -3 4020 — 4030 S 14071-1 STREET TUKWILA. WA 98168 KING COUNTY = CURRENT ISSUE DATE 08/05/2003 = ISSUED FOR: ZONING . SUBMITTAL �2EY_:= DATE: ESCRIPTIQJd. •_ QO 05/28/2003 ISSUED FOR PRE -ZD'S LCN Qi 05/30/2003 ISSUED FOR 20NMG SUBMRTAL JMG A / \ 08/05/2003 ISSUED FOR" 20NING MflTM. BA PLANS PREPARED BY: MOON MR ■ II MOM. 1 1 M ■ ■ 1 1 AFduieets — Engineers. P.C. ■. , 1 .I R UIUWOR MSiR A. SLIM E WM lam RIPE (425) 670 -8651 FAL• (425) 712 -0846 SHEET TITLE. SITE PERSPECTIVES HEET NUMBER. REVISION 2 A -5 117020