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HomeMy WebLinkAboutPermit L09-010 - SCHALLIOL J CHARLEY / FIDELITY INVESTMENTS - SIGN CODE VARIANCEFIDELITY INVESTMENTS Sign Code Variance 304 Strander Blvd L09 -010 (withdrawn) SES SITE ENHANCEMENT SERVICES, INC. April 20, 2009 Ms. Stacy MacGregor Assistant Planner City of Tukwila 6300 Southcenter Blvd. — Ste. 100 Tukwila, WA 98188 RE: Fidelity Investments — Signage variance withdraw Ms. MacGregor: RECEIVED CAPR 2 2 2009! COMMON! r DEVELOPMENT Please consider this letter as a formal request to remove the Sign Variance application that was filed for the Fidelity Investments located at 304 Strander Boulevard, in the South Center Mall development. The application that was submitted for variance requested the ability for Fidelity Investments to place a third sign on their North fa9ade facing the Westfield shopping mall. Per our communication, SES /Fidelity Investments would like to remove the submitted application and pursue a by -right sign on the North elevation (brick portion of the building as discussed). Please let me know if there is any additional information that will be required to have this application deemed void. Sincerely, SE Ph :::•60.1838 halliol 6001 NIMTZ PARKWAY, SOUTH BEND, INDIANA 46628 TEL. 1.888.860.1298 FAX 574.237.6166 TO: Laurie Anderson, Finance FROM: Brandon Miles, DCD11j\ DATE: April 22, 2009 RE: Refund Request L09 -010 The applicant has withdrawn the above application. DCD is requesting that the fee paid by the applicant for the production of mailing labels, of $200, be refunding back to the applicant. Site Development Services paid this fee with check number 254297. The fee for the variance application will not be refunded given that staff (DCD and the City Attorney) spent time reviewing the application. Please let me know if you have any questions. Thanks. City of Tukwila Washington No. 1 6 6-S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO AMEND THE DEVELOPMENT AGREEMENT WITH WEA SOUTHCENTER, LLC, FOR THE EXPANSION AND RENOVATION OF WESTFIELD SOUTHCENTER MALL. WHEREAS, on December 12, 2005, the Tukwila City Council approved Resolution No. 1598, authorizing the Mayor to enter into a Development Agreement with WEA Southcenter LLC, (hereinafter "WEA ") and Prudential Financial, Inc.; and WHEREAS, that agreement was duly executed as Contract No. 05 -123 and recorded with the King County Recorder's Office (Recording No. 20060621000329); and WHEREAS, on September 4, 2007, the Tukwila City Council passed Resolution No. 1642, authorizing the Mayor to execute the First Amendment to the Development Agreement (King County Recording Number 20070920001425), which provided that Westfield was vested to the provisions of the Tukwila Sign Code (TMC Title 19) in effect on January 1, 2007, as opposed to the provisions in effect on the EIS Issuance Date (October 6, 2004); and WHEREAS, WEA has purchased the majority interest of the property from Prudential Financial Inc., and is the successor in interest to Prudential under the Development Agreement; and WHEREAS, the City of Tukwila and Westfield now mutually agree on the execution of a Second Amendment to the Development Agreement, in order to formalize past applications of the Sign Code and related signage procedures to Southcenter Mall, and to provide clarity on application of the Sign Code to mall garages; and WHEREAS, the City of Tukwila and Westfield agree that each has entered into this Second Amendment knowingly and voluntarily, and agree to be bound by the terms and conditions of this Second Amendment; and WHEREAS, SEPA review for the entire project was fully and completely evaluated through an Environmental Impact Statement entitled Westfield Shoppingtown Southcenter Expansion, dated October 6, 2004, prepared pursuant to the State Environmental Policy Act, RCW 43.21C, and no further SEPA review is required in connection with this Second Amendment; and WHEREAS, on July 14, 2008, the Tukwila City Council held a public hearing to consider this Second Amendment to Contract No. 05 -123; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council approves the Second Amendment to the Development Agreement with WEA Southcenter, LLC, #05 -123B, attached hereto as Exhibit A. C: \Documents and Settings\All Users\ Desktop\ Kelly \MSDATA \Resolutions \Westfield Second Amendment.doc MB:ksn 7/15/2008 Page 1 of 2 Section 2. The City Council hereby authorizes the Mayor to execute the Second Amendment to the Development Agreement with WEA Southcenter, LLC. Section 3. The City Clerk is hereby directed to record a fully executed copy of this Second Amendment to the Development Agreement with the King County Recorder's Office. Section 4. This resolution shall become effective immediately upon its adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Council Meeting thereof this day of '714 I y , 2008. ATTEST/ AUTHENTICATED: J (Y YF,� uffi ouncil ent Christy O'FPaherty, CMC, City Clerk APPRO r • S TO FORM BY: f ice . the ►ity Attorney Filed with the City Clerk: fl -) 6 Passed by the City Council: r] -„,-1 -n Resolution Number: 165 Exhibit A: Second Amendment to Development Agreement between the City of Tukwila and WEA Southcenter, LLC, #05 -123B, for the expansion and renovation of Westfield Southcenter Mall C:\Documents and Settings\All Users \Desktop\Kelly \MSDATA \Resolutions \Westfield Second Amendment.doc MB:ksn 7/15/2008 Page 2 of 2 20080815001319 CITY OF TUKUIL AMND 105.00 PAOE001 OF 014 08/15/2008 COUNTY, 2 Y, UA Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 -2599 (206) 433 -1800 1 1 M Document Title(s): Second Amendment to Development Agreement between the City of Tukwila, WEA Southcenter LLC, and Prudential Financial Inc., for the Expansion and Renovation of Westfield Southcenter Mall. Parties: Other: Southcenter LLC, and Prudential Financial Inc. N/A Last Name City of Tukwila First Name Initials Company Name (if business) 6200 Southcenter Blvd. Address Tukwila WA 98188 City State Zip Code Assessor's Property Tax Parcel/Account Numbers(s): 20060621000329 Contract 05 -123B A P prOV e 6 Ccv,ic, I r1 -11 -01 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT R._ esi, 164, JC BETWEEN THE CITY OF TUKWILA, WEA SOUTHCENTER LLC, FOR THE EXPANSION AND RENOVATION OF WESTFIELD SOUTHCENTER MALL THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second Amendment ") is entered into by and between the City of Tukwila, a Washington Non - Charter Optional Municipal Code City (the "City") and WEA Southcenter LLC, a Dela*are limited liability company ( "Westfield "), the majority owner and developer of the Property (defined below). RECITALS • A. The City, Westfield and Prudential Financial Inc. ( "Prudential ") entered into that certain Development Agreement (Contract No. 05 -123) recorded under King County Recording No. 20060621000329 (the "Development Agreement "). The Development Agreement (File No. DA7 -003) related to the expansion and renovation of the Westfield Southcenter Mall development site (the "Project "), as depicted and legally described and in Exhibit A and Exhibit B, respectively, of the Development Agreement (the "Property "). B. Westfield acquired the majority of the Property from Prudential on September 29, 2006, and is now successor -in- interest to Prudential under the Development Agreement. Except for a portion owned by Federated Department Stores, Inc., the Property is owned by Westfield. C. The City and Westfield entered into that certain First Amendment to the Development Agreement recorded under King County Recording No. 20070920001425 (the "First Amendment "), to provide that Westfield was vested to the provisions of the Tukwila Sign Code, Tukwila Municipal Code ( "TMC ") Chapter 19 (the "Sign Code "), in effect on January 1, 2007, as opposed to the provisions in effect on the EIS Issuance Date. Per the First Amendment, references to TMC sections in this Second Amendment are citations to the Sign Code in effect on January 1, 2007. D. The City and Westfield now desire to execute this Second Amendment in order to formalize past applications of the Sign Code, Tukwila Municipal Code (TMC) 19 and related signage procedures to Southcenter Mall and to provide clarity on application of the Sign Code to Mall Garages. E. There are two types of signs specified in Sign Code that are allowed at the Mall — signs for tenant/businesses and signs for the center as a whole. Signs for the center as a whole underwent design review and were approved as to color, materials and type by the Board of Architectural Review. (File no. L07 -007 hereinafter the "Sign Package Approval ") This Agreement modifies the Sign Package Approval for Brand Alliance signage. Page 1 of l D LS F. There are multiple buildings on the Property. Any approved future development that abuts the Main Building shall be considered part of the Main Building for the purposes of this Agreement and the Sign Code. Any approved future development that does not abut the Main Mall Building (other than a parking garage) shall be considered a Perimeter Building G The complexities of sign regulation relative to the changing character of the Mall have resulted in the following City interpretations and administration of the Sign Code on the regulation of tenant/business signage on the Mall Property. 1) Tenants in the Main Building that have their own exterior public entrance are allowed signage on that portion of the Building that serves as an exterior wall to its tenant space; and 2) Tenants in the Main Building are allowed up to two, and anchor tenants are allowed up to four, wall signs, .one for each wall that faces one of the four cardinal directions (north, south, east and west); and 3) Sign size for Tenants in the Main Building is 6% of the total area of the wall that serves as an exterior wall to the tenant's space but not more than 500 square feet; and 4) Tenants who have a portion of their exterior wall blocked by a Garage are allowed instead to place signage on the Garage walls that are parallel to the tenants blocked exterior walls. The area allowed for the Garage mounted wall sign is calculated using the area of the wall upon which it is mounted. 5)- Tenants in perimeter buildings are allowed two wall signs: 6) One freeway interchange sign is allowed per the height and area allowance of Freeway Interchange Businesses; Permitted Signs — Height and Area Allowance (TMC 19.32.180.) H. The City and Westfield agree that each has entered into this Second Amendment knowingly and voluntarily, and agree to be bound by the terms and conditions of this Second Amendment. I. The Tukwila City Council held a public hearing to consider this Second Amendment on July 14, 2008, and approved this Second Amendment by Resolution #1665 on July 21, 2008. J. SEPA review for the entire Project was fully and completely evaluated through an Environmental Impact Statement entitled Westfield Shoppingtown Southcenter Expansion dated October 6, 2004, prepared pursuant to the State Environmental Policy Act, RCW 43.21C, and no further SEPA review is required in connection with this Second Amendment. AGREEMENT NOW THEREFORE, in furtherance of the recitals set forth above, the parties hereby agree as follows: Section 1. Southcenter Mall. As shown on Exhibit C, the Southcenter Mall consists of the main mall building (the "Main Building"), the Olympic Garage, sometimes referred to a Garage A, Page 2 of 6 the Cascade Garage, sometimes referred to as Garage B (both garages referred to as "Garage ") and a number of separate buildings on the perimeter of the Property ("Perimeter Buildings.) Section 2. Signage. Brand Alliance signs are "on — premises signs" as defined in the Definitions Section of the Sign Code (TMC 19.08.140,) that display through copy and/or images goods sold or services rendered on the premises. They are not internally illuminated. Signs that display only the name of the business are not Brand Alliance signs. Brand Alliance signs are authorized on the mall Garages subject to the following standards: A. Eleven, externally illuminated Brand Alliance signs that are a maximum of 288 square feet apiece and in the general configuration and locations shown on Exhibit D are allowed. B. Brand Alliance signage shall not include tobacco or alcohol advertisements. C. Brand Alliance signage may include the mall's name in combination with and as a subordinate element in the advertisement of services and/or goods sold on the premises in addition to the signage allowed in the "Identification Signs for the Center as a whole." (TMC 19.32.155.) D. A tenant name may be included in a Brand Alliance sign, in a subordinate role, when in combination with advertisement of goods or services, in addition to the permanent signage allowed for that tenant/business E. A sign permit is required for each installation of each Brand Alliance sign. F. A sign permit is not required to change the copy, frame, lighting or orientation. G. No change from what is shown on Exhibit D is allowed in the number of or general location of the Brand Alliance signs. • H. Brand Alliance signage is not allowed on the Main Building. Section 3. General Terms. A) Not Exclusive. This Second Amendment is not intended as an exclusive list of the Sign Code or other applicable TMC provisions applicable to the Southcenter Mall or its tenants. B) Sign Permits. Nothing in this Second Amendment exempts Westfield or its tenants from having to apply for sign permits. C) Vesting. Westfield shall be vested to the terms of this Second Amendment for ten years from the execution of this Second Amendment but may elect, at its option, to waive its sign code vesting and have the provisions of any revised Sign Code apply to all signs at the Southcenter Mall without obtaining an amendment to the Development Agreement. D) Entire Agreement. This Second Amendment, the First Amendment, and the Development Agreement constitute the entire agreement between the parties with respect to the subject matter of this Second Amendment. E) Full Force and Effect. Except as specifically set forth herein, the Development Agreement, as amended by the First Amendment, is and remains in full force and effect and binding on the parties. Page 3 of 6 F) Severability. In the event this Second Amendment is declared unlawful or unconstitutional for any reason, the underlying Development Agreement, as amended by the First Amendment, shall remain in full force and effect and binding on the parties. G) Authority to Execute. The City and Westfield represent and warrant that they have the respective power and authority, and are duly authorized to execute, deliver, and perform all of the obligations of this Second Amendment. H) Counterparts. This Second Amendment may be executed in counterparts, each of which shall be deemed an original. IN WETNESS WHEREOF, the parties hereby duly execute this Second Amendment as of the date(s) listed below. ON BEHALF OF THE CITY OF TUKWILA ATTEST: Li1r�7 Christy O'F erty, City Clerk APPROVED AS TO FORM City Attorney Page 4 of 6 Date of Execution: '2 - - Q� ON BEHALF OF WESTFIELD: WEA SOUTHCENTER LLC, a Delaware limited liability company By: Westfield America Limited Partnership, a Delaware limited partnership, Its sole member By: Westfield U.S. Holdings, LLC, a Delaware limited liability company, Its genera) partner By: Name: Its: Story A. Pocker Assistant Secretary Date of Execution: STATE OF WASHINGTON ) COUNTY OFD ) On this ] 31 day of A vt9t t5 - , 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, Washington, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said office of the municipal corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. ss. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at S Mm/ e✓' My o ssion expires: T — �-ANr; 1 vfl• ©-FLc,l'e�'y [Type or Print otary Name] Page 5 of 6 • STATE OF WASHINGTON ) COUNTY OF KING ) ss. I certify that I know or have satisfactory evidence that / is the person who appeared before me, and said person acknowledged that s/he sine this instrument, on oath stated that (he /she) was authorized to execute the instrument dacknowledged it in (his/her) capacity as of Westfield U.S.froldings, LLC, a Delaware limited liability company, which is the general partner of W field America Limited Partnership, a Delaware limited partnership, which is the sole m tuber of WEA SOUTHCENTER LLC, the Delaware Limited liability company that executed the within and foregoing instrument, to be the free and voluntary act of such party fort uses and purposes mentioned in the instrument. GIVEN under my hand s official seal this day of , 2008. ti /4 NOTARY PUBLIC in and for h� c/ State of Washington, residing at My commission expires: Q:lmall\DA Sign 2nd Amend.mcbfinal.doc [Type or Print Notary Name] Page 6 of 6 STATE OF CALIFORNIA COUNTY OF LOS ANGELES } } S.S. On August 1, 2008, before me, Lisa M. Shelley, a Notary Public in and for said County and State, personally appeared, RORY A. PACKER who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that' the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: LISA M. SHELLEY Commission # 1742991 Notary Public • California Los Angeles County _ MyComm. btlresAor30,2011 (Notary Seal) XHI ,ILVP) ,c• a S. s . Source: Huckell/Weinman Associates, Inc. 1���`; t` �- ia�'•$ts;,�4�a- .'G:�P�%.''F -. .:'�f�+�?a- ai. ,... ..mot c.i, ": z _. r-J s,�� z+?�-F KW Westfield Shoppingtown Southcenter Expansion ENVIRONMENTAL IMPACT STATEMENT Westfield Shoppingtown Southcenter Expansion — Final EIS Description of the Proposed Action EXHIBIT B LEGAL DESCRIPTION PARCEL 1: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; AND OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND QF THE SOUTHEAST QUARTER OF TEE SOUTHWEST QUARTER OF SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON; AND OF BROOKVALE GARDEN TRACTS; ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON; • AND OF THE W.H. GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE • NORTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 00°12'09" WEST ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF SAID SUBDIVISION 406.49 FEET; . THENCE SOUTH 89 °47'51" WEST 30 FEET TO THE WEST MARGIN OF ANDOVER PARK WEST AND THE TRUE POINT•OF BEGINNING; THENCE NORTH 87 °25'13" WEST 526.42 • FEET; THENCE SOUTH 00 °19'36" WEST 30.02 FEET; THENCE.NORTH 87°25'13" WEST 253.52 FEET; THENCE SOUTH 00°19'36" WEST 366.84 FEET TO THE NORTH LINE OF THE SOUTH 40.00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NCE NORTH 89 °40'24" WEST ALONG SAID NORTH LINE 17920 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS NORTH 00°19'36" EAST FROM A POINT ON THE SOUTH LINE OF SAID SECTION 23, WHICH IS 341.40 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH 00 °19'36" WEST 14.00 FEET; THENCE NORTH 89 °40'24" WEST 10.50 FEET; THENCE SOUTH 00 °19'36" WEST 36.831'hh1; THENCE NORTH 89 °40'24" WEST 7.90 FEET; THENCE SOUTH 00 °l9'36" WEST 42.17 FEET; THENCE NORTH 89 °40'24" WEST 72.00 FEET; THENCE SOUTH 00°19'36' WEST 96.00 FEET; THENCE NORTH 89 °40'24" WEST 226.00 FEET; THENCE NORTH 00°19'36" EAST 138.17 FEET; THENCE NORTH 89 °40'24" WEST 79.90 FEET; THENCE NORTH 00°19'36' EAST 10.83 FEET TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG SAID EXTENSION 10.50 FEET; THENCE NORTH 00 °19'36 EAST 40.00 FEET; THENCE NORTH 89 °40'24" WEST 151.60 FEET; THENCE NORTH 00 °19'36" EAST 790.45 FEET TO THE NORTHEAST CORNER OF THAT PORTION OF THE SOUTHCENTER PARKWAY VACATED BY ORDINANCE NO. 555, CITY OF TUKWILA, AND AS RECORDED UNDER RECORDING NO. 6516239, TN KING COUNTY, WASHINGTON, SAID NORTHEAST CORNER ALSO BEING A POINT ON A 565.79 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THROUGH WHICH A RADIAL LINE BEARS SOUTH 04 °34'32" EAST; THENCE WEST ALONG SAID CURVE AND THE SOUTHEASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY, 282.00 FEET TO A POINT OF COMPOUND CURVE TO THE LEFT OF A 339.07 FOOT RADIUS; THENCE SOUTHWESTERLY ALONG SAID CURVE 37.76 FEET TO THE MOST NORTHERLY POINT OF A TRACT OF LAND CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6516243, IN KING COUNTY, WASHINGTON; THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE AND SOUTHEASTERLY MARGIN 312.17 FEET; THENCE SOUTH 89 °39'00" WEST ALONG SAID SOUTHEASTERLY MARGIN 17.04 FEET TO THE EASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY (FORMERLY 57TH AVENUE SOUTH) AS DEEDED TO THE CITY OF TUKWILA AND RECORDED UNDER RECORDING NO. 5735981; THENCE SOUTH 00 °21'00" EAST ALONG SAID EAST MARGIN 438.12 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 00°23'45" EAST ALONG SAID EAST MARGIN 633.44 FEET TO THE NORTHERLY LINE OF STATE HIGHWAY RIGHT OF WAY; THENCE NORTH 89 °52'42" EAST ALONG SAID NORTHERLY LINE 5.31 FEET TO THE EASTERLY LINE OF SAID STATE HIGHWAY RIGHT OF WAY; THENCE SOUTH 00°07'18" EAST ALONG SAID EASTERLY LINE 134.50 FEET TO THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH 43°25'OS" WEST ALONG SAID SOUTHEASTERLY LINE 6.74 FEET TO THE AFORESAID EAST MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 00°23'45" EAST ALONG SAID EAST MARGIN 471.45 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS; THENCE ALONG SAID CURVE 77.70 FEET TO A POINT OF TANGENCY 014 THE NORTH LINE OF STRANDER BOULEVARD (FORMERLY SOUTH 164TH STREET), AS • DEEDED TO THE CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER CORPORATION ON FEBRUARY 14, 1963; THENCE SOUTH 89 °26'22" EAST ALONG SAID NORTH LINE 588.31 FEET; THENCE SOUTH 89 °30'56" EAST ALONG SAID NORTH LINE 1255.52 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS; THENCE ALONG SAID CURVE 79.14 FEET TO THE WEST LINE OF ANDOVER PARK WEST, AS DEEDED TO THE CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER CORPORATION ON NOVEI1BER 1, 1962; THENCE NORTH 00°12'09" WEST ALONG SAID WEST LINE 1652.93 FEET TO TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, • WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PEAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON; AND OF THE W.H. GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE THEREOF 217.00 FEET; THENCE NORTH 00 °19'36" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °40'24" EAST 151.60 FEET; THENCE NORTH 00 °19'36" EAST 182.00 FEET; THENCE SOUTH 89 °40'24" EAST 406.80 FEET; THENCE SOUTH 00o1936 WEST 182.00 FEET; THENCE SOUTH 89 °40'24" EAST 179.20 FEET; THENCE NORTH 00 °19'36" EAST 366.84 FEET; THENCE SOUTH 87°25' 13" EAST 253.52 FEET; THENCE NORTH 00°19'36" EAST 208.77 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT OF A 45 FOOT RADIUS; THENCE ALONG SAID CURVE 45.96 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE RIGHT OF A 12235 FOOT RADIUS 63.68 FEET TO THE SOUTHERLY MARGIN OF TUICWILA PARKWAY AS DEEDED TO THE CITY OF TIJKWILA. AND RECORDED UNDERRECORDING NO. 5735981, IN KING COUNTY, WASHINGTON; THENCE SOUTH 88 °40'00" WEST ALONG SAID SOUTHERLY MARGIN 76.15 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT OF A 147239 FOOT RADIUS; THENCE ALONG SAID CURVE AND SOUTHERLY MARGIN 42338 FEET; THENCE NORTH 74 °51'30" WEST ALONG SAID SOUTHERLY MARGIN 407.05 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF 552.62 FOOT RADIUS; THENCE ALONG SAID CURVE AND SOUTHERLY MARGIN 185.63 FEET TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH 00° 19'36" WEST; THENCE SOUTH 00 °19'36" WEST 788.90 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 110.00 FEET OF THE WEST 151.60 FEET THEREOF; ALSO EXCEPT THAT PORTION THEREOF RECORDED UNDER RECORDING NOS. OK 908, 860314 9 90 AND 86 TUKWILA 09 1 00 DEEDS 2 PARCEL 3; • THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, INKING COUNTY, WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF FLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON; • AND OF THE WIT. GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH 89%0'24" EAST ALONG THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER 341.40 FEET; THENCE NORTH 00 °19'36" EAST 107.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 °19'36" EAST 11425 FEET; THENCE NORTH 89 °40'24" WEST 406.80 FEET; THENCE SOUTH 00 °19'36" WEST 114.25 FEET; THENCE SOUTH 89 °40'24" EAST 90.40 FEET; THENCE NORTH 00 °19'36" EAST 27.42 FEET; • THENCE SOUTH 89°40'24" THENCE SOUTH 89 °40'24" EAST THENCE T 90.40 FEET TO HE F TRUE POINT BE �42 FEET; BEGINNING. PARCEL 4: • THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE QF SAID SOUTHEAST QUARTER 65.40 FEET; THENCE NORTH 00°19'36" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°19'36" EAST 110.00 FEET; THENCE NORTH 89 °40'24" WEST AST 1511 0 0 FEET TO TTHECTRUE POINT OF BEGINNING. 110.00 FEET; T[TET ICE SOUTH 3 Nordstrom West Elevation Mall West Elevation Sears West Elevation Nordstrom North Elevation Mall North Elevation Hfl JPRDSTROM _ Macy's North Elevation • Mall North Elevation Li; ! AMC , • • • • North Elevation . AMC AMC West Elevation I East Elevation 1.. Not pert 01 Propetty Mervyn's North Elevation JCPizem :I AMC Theater Tenant . . c . ' G , 2 .• ' I ' : ■ VEW MI5 Sears .t.. ,. r•,..,. : South Elevation AMC South Elevation •••• ••••■ Sears East Elevation , JC Penoey .".• West Elevation • • '• ,`„ JC Penney ' South Elevation South Elevation Mervyn's East Elevation • Mall East Elevation JC Penney East Elevation i Sign Area Key Plan 4/19/2007 Wstflekt. Southcenter 633 She,, 304111c, WA 96188 Garage A OA.I.A• Weal Elnatiss tesca ..x Clones A • Iestli Aloud. Owd.A Alai %IRg0. UAW A TOM NW [Iowan Amu nail_ Yla nLII3Cw lb XN. NOW TOTAL £FCfF esANOAYNICa 1P Ylb 3005F T r iii Garage B 0 10 m 50 SCALE 1'.10' •' O trap e- Mal Elnetles n.* r..: RRRa- MA. ALUM. 10 %%I NRF 100 Os res00 • Ent EI.YAOw IN.NNe An.: ILRI.eA MM. WINCE 1PYn MOW • Proposed Garage Elevations 17/05/2006 Re r. 4/10/2007 Southcenter au Swlnwmm Swnle, WAWA' 7908 City of Tukwila Washington Resolution No. ) 5 7 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE CITY OF TUKWILA HEARING EXAMINER RULES OF PRACTICE AND PROCEDURE. WHEREAS, on May 5, 1997, the City Council passed Ordinance No. 1796, establishing the office of Hearing Examiner for the purpose of presiding over appeals; and WHEREAS, the City of Tukwila contracts for the services of Hearing Examiner; and WHEREAS, the City of Tukwila accordingly desires to adopt rules of practice and procedure for the Hearing Examiner to follow when hearing matters on behalf of Tukwila; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City of Tukwila hereby adopts by reference, as if fully set forth herein, the "Hearing Examiner Rules of Practice and Procedure," attached hereto as "Exhibit A." PASSED BY THE CITY COUNCIIOF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this t.cid clay of ) , 2005. ATTEST/ AUTHENTICATED: rk Jane E. Cantu, CMG, City Clerk APPROVED AS To! $ RM BY: • ce of Attorney Pamela Linder, Council President Filed with the City Clerk: 0(1)- 01 • 05 Passed by the City Council: Off- p• o5 Resolution Number EXHIBIT A CITY OF TUKWILA HEARING EXAMINER RULES OF PRACTICE AND PROCEDURE TO ALL INTERESTED PARTIES: Please find enclosed a copy of the revised rules governing proceedings before the City of Tukwila Hearing Examiner. The amendments to the rules were adopted by the Tukwila City Council at its regular meeting of and are effective as of that date. Extra copies of the Hearing Examiner Rules of Practice and Procedure may be obtained from the Depat fluent of Community Development, the Public Works Department, or the City Clerk. HEARING EXAMINER RULES OF PRACTICE AND PROCEDURE Section 1 GENERAL PROVISIONS 1 1.01 Applicability 1 1.02 Effective Date 1 1.03 Interpretation of Rules 1 Section 2 RULES OF GENERAL APPLICATION.. ............................. 1 2.01 Scope 1 2.02 Definitions 1 2.03 Computation of Time 3 2.04 Filing and Service of Documents 3 2.05 Scheduling Hearings 4 2.06 Consolidation.. 4 2.07 Prehearing Conference 4 2.08 Interference Prohibited 5 2.09 Presiding Official. 5 2.10 Witnesses 5 2.11 Motions 6 2.12 Hearing on Written Submissions 6 2.13 Evidence 6 2.14 Official Notice 7 2.15 Site Inspection 7 2.16 Continuing or Reopening Hearing 7 2.17 Leaving the Record Open 8 2.18 Distribution of Decisions and Recommendations 8 2.19 Remand 8 2.20 Clerical Errors 8 2.21 Proceedings Recorded 9 2.22 Disclosure of Public Records 9 2.23 Transcript of Proceedings 9 2.24 Retention of Records 9 2.25 Transmittal of Records 9 Section 3 APPEAL RULES ... 9 3.01 Filing 9 3.02 Dismissal 10 3.03 Withdrawal 10 3.04 Party Representative Required ............. 11 3 05 Notice of Appearance 11 3.06 Intervention 11 3.07 Notice of Hearing 12 3.08 Discovery 12 3.09 Subpoenas 12 3.10 Default 13 3.11 Hearing Format 13 3.12 Record 14 3.13 Reconsideration 14 3.14 Subsequent Appeal 14 SECTION 1 GENERAL PROVISIONS 1.01 APPLICABILITY These Hearing Examiner Rules (Rules) are adopted to supplement the ordinance requirements for matters within the Heanng Examiner's jurisdiction and govern administrative practice and procedures before the Hearing Examiner. In any case of conflict between a Hearing Examiner Rule (HER) and the Tukwila Municipal Code (Code), the Code shall control. 1.02 EFFECTIVE DATE These Rules shall apply to all matters filed with or otherwise properly before the Hearing Examiner on or after the effective date of adoption of these Rules by the City Council. 1.03 INTERPRETATION OF RULES (a) The Hearing Examiner shall interpret the Hearing Examiner Rules of Practice and Procedure and determine how the Rules apply in specific instances. An affected party may petition the Hearing Examiner during the pendency of an appeal to request a declaratory ruling regarding the applicability of these Rules to specific actual circumstances. Except during a hearing, such request must be in writing and clearly identify the subject Rule(s) and describe the circumstances for which the declaratory ruling is sought. (b) Where questions of practice and procedure arise that are not addressed by these Rules, the Hearing Examiner shall determine the practice or procedure that she or he deems most appropriate and consistent with providing fair treatment and due process. In making such determinations, the Hearing Examiner may look to the current Civil Rules of Superior Court for guidance. SECTION Z RULES OF GENERAL APPLICATION 2.01 SCOPE Rules in this section apply generally to all matters where the Hearing Examiner has authority to decide or recommend the outcome. 2.02 DEFINITIONS The following definitions shall apply unless the context or subject matter requires otherwise: (a) "Affidavit" - a written or printed statement declared or certified to be true and correct under penalty of perjury under the laws of the state of Washington. (b) "Appeal" - a challenge to a decision or other action where the Code or other authority authorizes the City's Hearing Examiner to review and decide. Page 1 C: \Documents and Settings\Pamela- O\Local Settings \Temp\Hearing Examiner Rules - 6.1 .DOC (c) "Appeal hearing" - a hearing held by the Hearing Examiner to consider an appeal of a decision or other action where the Hearing Examiner has been granted jurisdiction to hear and decide such an appeal. In these Rules an "appeal hearing" is distinguished from a "public hearing" where the Heanng Examiner is empowered to make a recommendation to the City Council, rather than to make a decision on an appeal. (d) "Appellant" - the person(s), organization, association, corporation, or other entity who files a complete and timely appeal of a decision or other appealed action. (e) "Applicant" - the person(s), organization, association, corporation or other entity who files an application or otherwise formally requests a permit or other type of City action, interpretation, or authorization which is the subject of an appeal or other review by the Hearing Examiner. (1) (g) "Code" - Tukwila Municipal Code (TMC). "Days" - calendar days. (h) "Department" - the department, agency, board, commission or other City entity responsible for the decision or action that is subject to appeal or other review by the Hearing Examiner. (1) "Director" - the head of the department, agency, board or commission, or other unit of City government responsible for the decision or other action that is subject to appeal or other review by the Hearing Examiner. (j) "Examiner" - the Hearing Examiner, or a Deputy Hearing Examiner or a Hearing Examiner Pro Tempore who has been delegated responsibility by the Hearing Examiner to conduct the hearing or otherwise preside over a particular matter. (k) "Ex parte communication" - a communication between one party and the Examiner in the absence of the other party(s). (1) "Hearing Examiner" - the official contracted with the City to serve as the City's Hearing Examiner; also used when referring to a Deputy Hearing Examiner or Hearing Examiner Pro Tempore appointed by the Hearing Examiner to preside over a particular matter. (m) "Interested person" - any individual, or public or private organization of any character, significantly affected by or interested in proceedings before the Hearing Examiner, including any party. (n) "Intervenor" — one who voluntarily enters a pending lawsuit because of a personal stake in it. (o) "Motion" - a request made to the Hearing Examiner, whether written or oral, for an order or other ruling. Page 2 nr -,l Rett;,,o�1TrmnlRrarino Framinrr R111rC - h 1,DOC (p) "Offer of proof ' - a chance to state for the record what the evidence would have shown if it had been admitted. (q) "Order" - a ruling, instruction, or other directive issued by the Hearing Examiner in response to a request or motion by a party, or on the Hearing Examiner's own initiative. Where the underlying ordinance establishing the Hearing Examiner junsdiction so provides, an order can direct how the Hearing Examiner's decision is to be implemented and may be issued as part of that decision or separately from it. (r) "Party" - the person(s), group, organization, corporation, or other entity that has filed an appeal, or is granted right of appeal automatically by ordinance; the person(s), group, organization, corporation, or other entity granted party status through intervention; Director of the City department or other agency that made the decision or took the action that is subject to the appeal; the person(s), group, organization, corporation, or other entity who filed the application, request, or petition for a permit or other type of City authorization or action which is the subject of the appeal; and the owner(s) of the property subject to the City decision or other action. (s) "Public hearing" - a hearing held by the Hearing Examiner for the purpose of preparing a recommendation for the City Council (see "Appeal hearing "). (t) "Representative" - that individual designated by a party to be the official contact person and to speak for the party. Unless the applicable underlying substantive law or regulation establishing the Hearing Examiner's jurisdiction specifies otherwise, a representative is not required to be an attorney. (u) "Rules" - the Hearing Examiner Rules of Practice and Procedure, as currently adopted. (v) "Timely" - within the time prescribed by applicable ordinance or, in the absence of ordinance provision, the time prescribed by Hearing Examiner rule, or within the time determined by the Hearing Examiner. 2.03 COMPUTATION OF TIME Except as otherwise provided by the Code, computation of any period of time prescribed or allowed for matters before the Hearing Examiner shall begin with the first day following that on which the act or event initiating such period of time shall have occurred. When the last day of the period so computed is a Saturday, Sunday, or national, state or City holiday, the period shall extend to the end of the next business day. 2,04 FILING AND SERVICE OF DOCUMENTS (a) Documents shall be deemed filed with the Hearing Examiner on receipt at the Office of Hearing Examiner unless the Hearing Examiner has specified otherwise. (b) Documents shall be served personally or, unless othenvise provided by applicable ordinance, by first - class, registered, or certified mail, or by facsimile (fax) Page 3 C:\Documents and Settings\Pamela-O\Local Settings \Temp\Hearing Examiner Rules - 6.1.DOC transmission, or, in the case of service to City agencies, by the City's regular interoffice mail. Service shall be regarded as complete upon deposit in the regular facilities of the U.S. Mail of a properly stamped and addressed letter or packet, or at the time personally delivered, or transmitted by fax. 2.05 SCHEDULING HEARINGS Promptly following receipt of a valid appeal, City staff shall schedule a hearing consistent with the requirements of the applicable ordinance(s) and these Rules with the Hearing Examiner. 2.06 CONSOLIDATION Where practical, feasible, and consistent with ordinance requirements, all matters under the jurisdiction of the Hearing Examiner relating to the same matter should be consolidated for hearing. The Hearing Examiner may order consolidation with or without a request from any party. 2.07 PREHEARING CONFERENCE (a) The Hearing Examiner may on his or her own order, or at the request of a party, hold a conference prior to the hearing to consider: (1) Identification, clarification, and simplification of the issues; (2) Disclosure of witnesses to be called and exhibits to be presented; (3) Motions; (4) The possibility of obtaining stipulations relating to undisputed facts, the admission of documents, or other matters which will avoid unnecessary proof; (5) The conduct of reasonable discovery prior to hearing; (6) Settlement of the appeal; and/or (7) Other matters deemed by the Hearing Examiner appropriate for the orderly and expeditious disposition of the proceedings. (b) Prehearing conferences may be held by telephone conference call. (c) The Hearing Examiner shall give notice to all parties of any prehearing conference. Notice may be written or oral. (d) All parties shall be represented at any prehearing conference unless they waive the right to be present or represented, and are granted permission by the Hearing Examiner not to attend. (e) Following the prehearing conference, the Hearing Examiner may issue an order reciting the actions taken or ruling on motions made at the conference. Page 4 • ,r 1 "'Mr ee_I o„,,:.,.,..t 1[- TPn, -.,, , Pv,.,,;.,pr R,nIrc _ h 1 1lnC' 2.08 INTERFERENCE PROHIBITED In the performance of adjudicative functions in deciding appeals and in the preparation of recommendations, the Heanng Examiner is an independent official and shall not be responsible to or subject to the supervision or direction of any elected official, officer or employee of any department, or any other person whether or not associated with Tukwila City government. 2.09 PRESIDING OFFICIAL (a) The Hearing Examiner shall assign a duly qualified Examiner to preside over hearings held under these Rules. (b) The Examiner conducting a hearing shall have the duty to ensure a fair and impartial hearing, to take all necessary action to avoid undue delay in the disposition of proceedings, to gather facts necessary to make the decision or recommendation, and to maintain order. The Examiner shall have all powers necessary to these ends, including, but not necessarily limited to the following: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 2.10 WITNESSES Determine the order of presentation of evidence; Administer oaths and affirmations; Issue subpoenas; Rule on offers of proof and receive evidence; Rule on procedural matters, objections and motions; Question witnesses and request additional exhibits; Permit or require oral or written argument or briefs and determine the timing and format for such submittals; Regulate the course of the hearings and the conduct of the parties and others so as to maintain order and provide for fair hearing; Hold conferences for settlement, simplification of issues, or for any other proper purpose; and Make and issue the decision or recommendation. (a) All witnesses testifying at hearing must take an oath or . affirmation to be truthful. All witnesses are subject to cross - examination by the other party(s). (b) The rules of privilege shall be effective to the extent recognized by law. (c) Hearing Examiner hearings are open to the public. However, in appeal hearings, persons who are not parties are generally not permitted to testify unless called as witnesses. (d) The Examiner may limit the length of testimony to expedite the proceedings and avoid the necessity to continue the hearing. Maximum practicable advance notice will be provided if such time limitations are to be imposed. If parties are unable to complete their arguments and testimony within the allotted time, an opportunity will be granted to Page 5 C:\Documents and Settings\Pamela- O\Local Settings \Temp\Hearing Examiner Rules - 6.1.DOC submit written materials after the close of the hearing; other parties will be allowed an opportunity to offer written rebuttal to any such materials (e) At the discretion of the Examiner, or where the parties agree and the rights of the parties will not be prejudiced, the Examiner may allow testimony via telephone or television or similar electronic means. Each party to the proceeding shall have the opportunity to hear (or, if televised, to both hear and see) testimony given in this manner and to question the person giving such testimony. 2.11 MOTIONS (a) All motions, other:than those made during a hearing, shall be in writing, and shall state the order or relief requested and the grounds for the motion. Every motion and answering statement, and accompanying papers, shall be served on each party representative on the day it is filed with the Hearing Examiner. (b) Within seven (7) days after service of any written motion, or such longer or shorter period of time as may be designated by the Hearing Examiner, the other party(s) shall file a written answer. When the Hearing Examiner has received the answering statement(s), or the seven (7) days or other period of time designated by the Hearing Examiner has elapsed, the Hearing Examiner shall rule on the motion. Failure of a party to file a timely response may be considered by the Hearing Examiner as evidence of that party's consent to the motion. (c) The Hearing Examiner may call for oral argument prior to ruling. (d) For motions made at hearing or for motions made for the extension of time or the expedition of hearings, the Hearing Examiner may waive the requirements of this section and may also rule upon such motions orally. 2.12 HEARING ON WRII-1'hN SUBMISSIONS When the parties so agree, an appeal may be submitted entirely on written submissions. If this option is selected, the Examiner shall establish a schedule for initial responsive submissions. The record shall close when this schedule is complete. 2.13 EVIDENCE (a) Evidence, including hearsay, may be admitted if, in the judgment of the Examiner, it is relevant to the issue(s) on appeal, comes from a reliable source, and has probative (proving) value. Such evidence is that which would commonly be relied upon by responsible persons in the conduct of their important affairs. (b) The Examiner may exclude evidence that is irrelevant, unreliable, immaterial, unduly repetitive, or privileged. (c) Opinion evidence presented by non - experts at appeal hearings is discouraged but may be admitted, although it need not be given weight by the Examiner. Page 6 PvnrninPr R»IPC - 6 1 nac (d) Documentary evidence may be received in the form of copies or excerpts The Examiner may require that the parties be given an opportunity to compare the copy with the original, and require that the complete document from which an excerpt is taken be made available for inspection by all parties. 2.14 OFFICIAL NOTICE (a) The Examiner may take official notice of judicially cognizable facts. In addition, the Examiner may take notice of general, technical, or scientific facts within his or her specialized knowledge. (b) Parties must be notified during the hearing, or before issuance of the decision, of the specified facts or material noticed and the source thereof, and afforded an opportunity to contest or rebut the facts or material so noticed. The Examiner shall not take such notice of disputed adjudicative facts that are at the center of an appeal. (c) A Hearing Examiner ruling, decision, or recommendation may refer to and utilize any part of the Code and any issued Hearing Examiner decision. 2.15 SITE INSPECTION Where it would assist the Examiner in clarifying or understanding the evidence adduced at hearing, the Examiner may inspect property subject to an appeal or recommendation prior to the close of the record. However, observations made at such an inspection are not evidence and shall not be considered as such. 2.1E CONTINUING OR REOPENING HEARING (a) A scheduled hearing may be continued for good cause as determined by the Hearing Examiner. Written notice of the date, time, and place of the continued hearing shall be provided to each party. The notice of a rescheduled hearing need not observe the time requirements to which the original notice was subject. (b) Requests for continuance must be made to the Examiner's office no later than 48 hours prior to the scheduled hearing time. (c) Prior to the issuance of the subject decision or recommendation, the Examiner may continue or reopen proceedings for good cause and may permit or require written briefs or oral argument. (d) If the Examiner determines at hearing that there is good cause to continue such proceeding and then and there specifies the date, time, and place of the new hearing, no further notice is required. (e) If a matter is reopened after conclusion of the hearing, parties shall be provided not less than ten (10) days notice of the reopened hearing. Page 7 C:\Documents and Settings\Pamela -O \Local Settings \Temp\Hearing Examiner Rules - 6.1.DOC 2.17 LEAVING THE RECORD' OPEN (a) The Examiner may leave the record of heanng open at the conclusion of a hearing in order to receive argument or for other good purpose Parties shall be provided notice of the consideration of any evidence received after hearing and shall have an opportunity to review such evidence and to file rebuttal evidence or argument. (b) Except as provided for in HER 2.16 and HER 2.19, information submitted after the close of the record shall not be included in the hearing record or considered by the Examiner making the decision or recommendation. 2.18 DISTRIBUTION OF DECISIONS AND RECOMMENDATIONS A copy of the Hearing Examiner's decision or recommendation shall be distributed to each party representative, to those persons who have specifically requested a copy, and to others as specified by applicable ordinance(s). 2.19 REMAND (a) Prior to the issuance of the Hearing Examiner's recommendation or Hearing Examiner's decision on an appeal, if the Examiner determines that information, analysis, or other material necessary to the Hearing Examiner's recommendation has not been provided, or, in the case of an appeal, that there is a lack of information, analysis, or other material needed to satisfy the provisions of relevant regulations, the matter may be remanded to the Department for the addition of that information, analysis, or other material. (b) Where the Hearing Examiner's decision is to remand the matter to the Department for additional information, analyses, or other material, the Hearing Examiner shall retain jurisdiction in order to review the adequacy of that information, analysis, or other material. The decision shall expressly state that jurisdiction is retained and what information, analysis, or other material is to be provided, and it may indicate when it is to be submitted. A copy of that infonnation, analysis, Or other material shall also be provided to each party to the proceeding, except that where the size or condition of the required materials makes copying impractical, notification to the other parties of the submittal shall be sufficient. The parties shall have an opportunity to review, comment upon, and submit rebuttal to the information, analysis, or other material submitted. At the discretion of the Examiner, the hearing may be reopened following such submittal. (c) Where the decision of the Hearing Examiner is to remand for the preparation of a new departmental decision, the Hearing Examiner's jurisdiction is terminated and the Director's subsequent decision shall be issued and subject to appeal in accordance with applicable ordinance(s). 2.20 CLERICAL ERRORS Clerical mistakes in decisions, recommendations, orders, or other parts of the record, and errors arising from oversight or omission, may be corrected by Order at the Hearing Examiner's initiation, or in response to the motion of any party. Page 8 man .. •� t cptan.ckPamon- 01Local Settinn\Temp \Flearing Examiner Rules - 6.1.DOC 2.21 PROCEEDINGS RECORDED All proceedings before the Hearing Examiner shall be electronically recorded. The recordings of heanngs shall be part of the official case record. Copies of the recordings shall be made available to the public upon request, subject to payment of a reasonable fee for copying. 2.22 DISCLOSURE OF PUBLIC RECORDS Hearing Examiner decisions and recommendations, the hearing record, and associated official files, are public records and shall be available for public review. 2.23 TRANSCRIPT OF PROCEEDINGS (a) Anyone desiring a certified transcript of a hearing must obtain a duplicate copy of the hearing tapes from the Office of Hearing Examiner and be responsible for arranging and paying for the preparation of a verbatim transcript. See also HER 2.21. The completed transcript must be returned to the Hearing Examiner for certification. (b) The parties shall have an opportunity to review and comment on the transcript. The Hearing Examiner shall resolve conflicts as to form and content of the transcript and provide a certification when such disputes are resolved and the Examiner is satisfied that the transcript provides a reliable record of the proceedings. 2.24 RETENTION OF RECORDS The case file, including the tape recording(s) and exhibits, shall be retained by the Office of Hearing Examiner consistent with the requirements of the Public Records Act and applicable retention schedules. 2.25 TRANSMITTAL OF RECORDS The Hearing Examiner shall promptly transmit the official records of a case upon the request of an entity having jurisdiction to review the decision or recommendation. SECTION 3 APPEAL RULES In addition to the Rules of General Application in Section 2, the Rules in Section 3 shall apply to appeals. In the event of conflict between the rules in Section 2 and the rules in Section 3, Section 3 shall control. 3.01 FILING (a) Compliance with Rules. All appeals must comply with these Rules and with the requirements established in the applicable ordinance(s) under which the appeal is filed. Page 9 •\Documents and Settings\Pamela - O\Local Settings \Temp\Hearing Examiner Rules - 6.1.DOC (b) Contents A Notice of Appeal must be in writing and contain the following: (1) A brief statement as to how the appellant is significantly affected by or interested in the matter appealed; (2) A brief statement of the appellant's issues on appeal, noting appellant's specific exceptions and objections to the decision or action being appealed; (3) The relief requested, such as reversal or modification; and (4) Signature, address, and phone number of the appellant, and name and address of appellant's designated representative, if any. (c) Multiple appeals. More than one appeal may be filed concerning the same appealable decision or other action. (d) The Notice of Appeal shall be accompanied by any filing fee required by law. Filing of the appeal shall not be complete until both the Notice of Appeal and any required filing fee have been received. For an appeal to be timely, filing must be complete before the appeal period has expired. 3.02 DISMISSAL (a) An appeal may be dismissed without a hearing if the Hearing Examiner determines that it fails to state a claim for which the Hearing Examiner has jurisdiction to grant relief, or it is without merit on its face, frivolous, or brought merely to secure delay. (b) Any party may request dismissal of all or part of an appeal at any time with notice to all parties. The Hearing Examiner may make a ruling on a motion to dismiss based upon written arguments or may call for oral arguments. (c) When the decision or action being appealed is withdrawn by the issuing Department, the appeal becomes moot and shall be dismissed. 3.03 WITHDRAWAL (a) An appeal may be withdrawn only by the appellant. (b) Where an appeal is made by several persons, a group, organization, corporation, or other entity, withdrawal shall be made by the person who had been designated as the party representative. See HER 3.04. (c) An appellant's request to withdraw shall be granted as a matter of right and the appeal dismissed by order of the Examiner. (d) A withdrawal request shall be made in writing by the appellant. Page 10 c..ntnaclPamrla- CAT neni Settinas\Temn \Hearine Examiner Rules - 6.1.DOC 3.04 PARTY REPRESENTATIVE REQUIRED When a party consists of more than one individual, or is a group, organization, corporation, or other entity, the party shall designate an individual to be its representative and inform the Hearing Examiner of the name, address and telephone number of that designated representative. The rights of such an appellant shall be exercised by the person designated as the party representative. Notice or other communication to the party representative is notice or communication to the party. See also HER 3.05: 3.05 NOTICE OF APPEARANCE When a party is represented by an attorney, the attorney shall file a notice of appearance with the Hearing Examiner and send a copy of that notice to the other parties. Where the appellant's attorney filed the appeal and indicated his/her representative capacity, a notice of appearance does not need to be filed. The notice of appearance shall serve to designate the attorney as the party representative. See HER 3.04. If a notice of appearance is filed less than 48 hours prior to a scheduled hearing, the City shall be notified by the Examiner, and at the City's discretion, the matter will be rescheduled so that counsel for the City may be present at the hearing. 3.06 INTERVENTION (a) Upon a showing of a substantial or significant interest that is not otherwise adequately represented, the Hearing Examiner may permit an interested person, group, organization, corporation, or other entity who has not filed an appeal to participate in that appeal. (b) Except as provided in HER 3.06(d), a written request for intervention must be submitted to the Hearing Examiner at least five (5) days prior to the day on which the hearing begins. The intervention request must state the basis for the intervention and how the person, group, organization, corporation, or other entity making the request is affected by or interested in the matter appealed. In considering the requested intervention, the Hearing Examiner shall seek to ensure that intervention will not unduly delay the hearing process, will not expand the issues beyond those within the appeal, and will not prejudice the rights of any of the original parties. In granting intervention, the Hearing Examiner may limit the nature and scope of the intervention. (c) Intervention is not a substitute means of appealing a decision for those who could have appealed but failed to do so. (d) A substantially or significantly interested person, group, organization, corporation, or other entity who has not filed an appeal, may be allowed to intervene for the purpose of preserving the right of subsequent appeal. Such intervention may be permitted at any time up to the time of hearing. Page 11 C:\Documents and Settings\Pamela- O\Local Settings \Temp\Hcaring Examiner Rules - 6.!.DOC 3.07 NOTICE OF HEARING (a) Contents. The notice of hearing shall include: The time, place, and nature of the hearing; The legal authority and junsdiction for the hearing; The file number, address, or other identifying infounation for the underlying decision or action being appealed; A brief statement as to the issue(s) to be considered; and Reference to the apphcable Code section(s). (b) Time. Notice of the hearing shall be given within the time required by applicable ordinance(s). If the time for notice of hearing is not specified by the applicable ordinance(s), or applicable ordinances conflict, minimum notice shall be 20 days. (c) Responsibility. The City of Tukwila shall be responsible for serving notice of hearing. (d) Method of Service. Notice of hearing shall be given to each party in person, by U.S. mail, or for City departments, by regular interoffice mail service, unless otherwise required by applicable ordinance. (e) Record of Notice. A copy of the notice of hearing shall be made part of each official case record. 3.08 DISCOVERY Appropriate prehearing discovery is permitted. The Hearing Examiner may prohibit or limit discovery where the Hearing Examiner determines it to be unduly burdensome, harassing, or unnecessary under the circumstances of the appeal. 3.09 SUBPOENAS (a) A request or motion may be made in writing for a subpoena to require a person to appear and testify at a hearing, or for a person to produce specified documents or other physical exhibits at a prehearing conference or at hearing. (b) A request for a subpoena for a person shall: include the person's name and address; show the relevance of that person's testimony; and, demonstrate the reasonableness of the scope of the subpoena sought. A request for a subpoena for documents or other physical exhibits shall: include the name and address of the person who is to produce the documents or other physical exhibit; specify the materials to be produced; indicate the relevance of the materials subpoenaed to the issues on appeal; and, demonstrate the reasonableness of the scope of the subpoena sought. (c) The party requesting the subpoena shall be responsible for serving the subpoena. An affidavit or declaration of personal service or of mailing shall be submitted to the Hearing Examiner as proof of that service. Page 12 n„fi c,rinnc \Pam &la -ftl ncal ce *tinastTemn'Rcarina Examiner Ru es - 6.1.DOC (d) Except as otherwise allowed by the Hearing Examiner, subpoenas shall be served no less than seven (7) days prior to the appearance or production ordered. (e) A subpoena may be issued with like effect by an attorney of record m the proceeding. The issuing attorney must sign the subpoena. (f) Any motion to limit or quash (i.e., vacate or void) a subpoena shall be filed with the Hearing Examiner within seven (7) days of receipt of the subpoena or such other time as specified by the Hearing Examiner. (g) Requests for subpoenas and the rulings upon such requests may be made ex parte unless otherwise ordered by the Hearing Examiner. 3.10 DEFAULT The Hearing Examiner may dismiss an appeal by an order of default where the appellant, without good cause, fails to appear or is unprepared to proceed at a scheduled and properly noticed hearing. 3.11 HEARING FORMAT (a) Appeal hearings, although generally informal in nature, shall have a structured format and shall be conducted in a manner deemed by the Examiner to make the relevant evidence most readily and efficiently available to the Examiner and to provide the parties a fair opportunity for hearing. (b) Where the Code provides that the appellant must overcome deference accorded the Director's decision being appealed, the order of hearing is generally as follows: (1) Examiner's introductory statement; (2) Parties' opening statements (optional); (3) Appellant's presentation of evidence; (4) •Depaitalent's presentation of evidence; (5) 'Applicant's presentation of evidence (if applicant is not the appellant); (6) Rebuttal; and (7) Closing argument of parties. (c) Where no deference is accorded the Director's decision, the order of hearing for appeals is generally as follows: (1) Examiner's introductory statement; (2) Parties' opening statements (optional); (3) Department's presentation of evidence; (4) Appellant's presentation of evidence; (5) Applicant's presentation of evidence (if applicant is not the appellant); (6) Rebuttal; and (7) Closing argument of parties. Page 13 C: \Documents and Settings\Pamela- O\Local Settings \Temp\Hearing Examiner Rules - 6.1 .DOC (d) Notwithstanding the provisions of HER 3.11(b) and (c), the order of hearing may be modified or a different order established as the Examiner deems necessary for the clear and fair presentation of evidence. The order of the hearing may also be modified as agreed upon by the parties with the Examiner's approval. (e) The order of presentation at hearing shall not alter or shift any burden(s) or presumption(s) established by applicable law(s). 3.12 RECORD (a) The record of an appeal shall include: (1) Department's decision or action being appealed; (2) Appeal statement; (3) Evidence received or considered; (4) Pleadings, procedural rulings, and other non - evidentiary materials that are part of the Hearing Examiner's file; (5) Statement of matters officially noticed, if any; (6) Findings, conclusions and decision of the Hearing Examiner; and (7) Tape recording of the hearing. (b) The Hearing Examiner's administrative file on an appeal case may include other information or materials which are not part of the evidentiary record. 3.13 RECONSIDERATION (a) Reconsideration may be granted by the Hearing Examiner on a showing of one or more of the following: Irregularity in the proceedings by which the moving party was prevented from having a fair,hearing; Newly discovered evidence of a material nature which could not, with reasonable diligence, have been produced at hearing; Error in the computation of the amount of damages or other monetary element of the decision; or Clear mistake as to a material fact. (b) Motions for reconsideration must be filed within 10 days of the date of the Hearing Examiner's decision. Unless otherwise specifically provided by the applicable ordinance(s), the filing of a motion for reconsideration shall not stop or alter the running of the period provided to appeal the Hearing Examiner's decision. 3.14 SUBSEQUENT APPEAL Hearing Examiner decisions may be appealed as provided for in applicable law. Information regarding subsequent appeal opportunities shall be provided as a postscript on the Hearing Examiner decision. Page 14 ,Price,nrf iP../fC c\Par.ela -O \f anal Serin's\ Temp \Hearine Examiner Rules - 6.1.DOC • 4:IILA, IkJ,,V.4 ...,qS, [ hi I 1 cc sib .': ):) l.. 1908 City of Tukwila Washington Resolution No. f 6 14 a' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO AMEND THE DEVELOPMENT AGREEMENT WITH WEA SOUTHCENTER, LLC, FOR THE EXPANSION AND RENOVATION OF WESTFIELD SOUTHCENTER MALL. WHEREAS, on December 12, 2005, the Tukwila City Council approved Resolution No. 1598, authorizing the Mayor to enter into a development agreement with WEA Southcenter, LLC ( "WEA ") and Prudential Financial, Inc.; and WHEREAS, that agreement was duly executed (Contract No. 05 -123) and recorded with the King County Recorder's Office (Recording No. 20060621000329); and WHEREAS, WEA has purchased the majority interest of the property from Prudential Financial, Inc., and is the successor in interest to Prudential under the Development Agreement; and . WHEREAS, the executed agreement vested WEA's development under the City's Sign Code in effect as of October 6, 2004; and WHEREAS, WEA has requested that the development agreement be amended so that its development is vested under the January 1, 2007 version of the City's Sign Code; and WHEREAS, a public hearing regarding this amendment was held on August 27, 2007; and WHEREAS, the City of Tukwila believes that there is no negative impact, and the public interest will be served by allowing this development to comply with the City's current sign code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. The City Council approves the First Amendment to the Development Agreement with WEA Southcenter, LLC, attached hereto as 05 -123A, and made a part hereof by this reference. 2. The City Council hereby authorizes the Mayor to execute the First Amendment to the Development Agreement with WEA Southcenter, LLC. 3. The City Clerk is hereby directed to record a fully executed copy of this First Amendment to the Development Agreement with the King County Recorder's Office, 4. This resolution shall become effective immediately upon its adoption. C: \Documents and Settings \ All Users\ Desktop \ Kelly \MSDATA \ Resolutions \Amendment to 05- 123.doc Ksn 8/30/2007 Page 1of 2 • PASSED BY THE CITY COUNCIL qF THE CITY OF TUKWIL , WASHINGTON, at a Regular Meeting thereof this L) 1-H day of S- QdJTQa') Mr , 2007. ATTEST/ AUTHENTICATED: OT164):-QP41) aneE., CMC, City J Clerk BY: Verna Griffin, Council President Filed with the City Clerk: .R a-9 -0% Passed by the City Council: ck-L{_ Q `7 Resolution Number: 1 (014 Attachment: 05 -123A - First Amendment to Development Agreement between the City of Tukwila, WEA Southcenter LLC, and Prudential Financial, Inc., for the expansion and renovation of Westfield Southcenter Mall C \Documents and Settings \All Users \ Desktop \ Kelly \MSDATA \ Resolutions \Amendment to 03- 123.doc Kan 8/30/2007 Page 2of 2 20070920001425 CITY OF TUKWIL AMND 45.00 PAGE001 OF 006 KING COUNTY12WA Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 -2599 (206) 433 -1800 I 0 Document Title(s): First Amendment to Devel ooant Agrfewgiat BetwwPn The City `�� J of Tukwila,W EEA Southcenter LLC, and Prudaiif1 1 Financial Tnr , for the Expansion and Renovation of Westfield Southcenter Mall.* Parties: Other: Southcenter LLC, and Prudential Financial Inc Last Name City of Tukwila / U First Name Initials Company Name (if business) 6200 Southcenter Blvd. Address Tukwila WA 98188 -2599 City State Zip Code Assessor's Property Tax Parcel/Account Numbers(s): * Development Agreement recorded under King County Recording NO. 20060621000329 • Contract # 05 -123A `i /1f f0i ftEpic ✓ci( b•SL� f� 6jr'e.1) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA, / �` �'2 WEA SOUTHCENTER LLC, AND PRUDENTIAL FINANCIAL INC., FOR THE EXPANSION AND RENOVATION OF WESTFIELD SOUTHCENTER MALL THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment ") is entered into by and between the City of Tukwila, a Washington Non - Charter Optional Municipal Code City (the "City") and WEA Southcenter LLC, a Delaware limited liability company ( "Westfield "), the majority owner and developer of the Property (defined below). RECITALS A. The City, Westfield and Prudential Financial Inc. ( "Prudential") entered into that certain Development Agreement (Contract No. 05 -123) executed by the City on December 27, 2005, by Westfield on December 13, 2005, and by Prudential on December 23, 2005, and recorded under King County Recording No. 20060621000329 (the "Development Agreement "), related to the expansion and renovation of the Westfield Southcenter Mall development site (the "Project "), as depicted and legally described and in Exhibit A and Exhibit B, respectively, of the Development Agreement (the `Property"). The City, Westfield and Prudential entered into the Development Agreement pursuant to the authority in RCW 36.70B.170 through .210. B. . Except for a portion owned by Federated Department Stores, Inc., the Property, is owned by Westfield. Westfield acquired the majority of the Property from Prudential on September 29, 2006, and is now successor -in- interest to Prudential under the Development Agreement. C. Pursuant to Section 3.3 of the Development Agreement, Westfield is vested to the provisions of the Tukwila Municipal Code ( "TMC"), excluding the building and fire codes pursuant to TMC Chapter 16, in effect on October 6, 2004, the date of the City's issuance of a final environmental impact statement for the Project (the "EIS Issuance Date "), except as otherwise provided in the Development Agreement or by state or federally mandated laws preempting the City's authority to vest regulations for the Project. D. The City and Westfield now desire to amend the Development Agreement to provide that solely with respect to the Tukwila Sign Code, TMC Chapter 19, Westfield is vested to the provisions in effect on January 1, 2007, as opposed to the provisions in effect on the EIS Issuance Date. E. The City and Westfield agree that each has entered into this First Amendment knowingly and voluntarily, and agree to be bound by the teens and conditions of this First Amendment. • • F. The Tukwila City Council held a public hearing to consider this First Amendment on August 27, 2007. G. SEPA review for the entire Project was fully and completely evaluated through an Environmental Impact Statement entitled Westfield Shoppingtown Southcenter Expansion dated October 6, 2004, prepared pursuant to the State Environmental Policy Act, RCW 43.21C, and no further SEPA review is required in connection with this First Amendment. AGREEMENT NOW THEREFORE, in furtherance of the recitals set forth above, which are incorporated herein by reference, the parties hereby agree as follows: 1. Vested Rights. Section 3.3 of the Development Agreement hereby is deleted in its entirety and replaced with the following: 3.3 Vested Rights. The provisions of the Tukwila Municipal Code ( "TMC "), excluding building and fire codes pursuant to TMC Chapter 16 and the sign code pursuant to TMC Chapter 19, in effect on the EIS Issuance Date shall apply to the Project, except as otherwise provided in this Agreement or by state or federally mandated laws preempting the City's authority to vest regulations for the Project. Notwithstanding the foregoing, the provisions of the Tukwila Sign Code (TMC Chapter 19) in effect on January 1, 2007 shall apply to the Project. In addition, pursuant to RCW 36.70B.170(4) (Development Agreements — Authorized), the City reserves authority to impose new or different officially adopted regulations of general applicability; but only if, and to the extent required by a serious threat to public . health and safety as determined by the City Council, and only after notice and an opportunity to be heard has been provided to Westfield. The Project shall not be subject to any development moratoria the City may adopt subsequent to the date of this Agreement unless necessitated by a serious threat to the public health, safety and wel fare. 2. Entire Agreement. This First Amendment and the Development Agreement constitute the entire agreement between the parties with respect to the subject matter of this First Amendment. 3. Full Force and Effect. Except as specifically set forth herein, the Development Agreement is and remains in full force and effect and binding on the parties. 4. Severability. In the event this First Amendment is declared unlawful or unconstitutional for any reason, the underlying Development Agreement shall remain in full force and effect and binding on the parties. Y WYATCSTFICLDDCYCLOPMEwr AGRCE:ALNNTRST AME ND TO DEVCLOPAICNT AGREEMENT BEAD DOC • • 5. Authority to Execute. The City and Westfield represent and warrant that they have the respective power and authority, and are duly authorized to execute, deliver, and perform all of the obligations of this First Amendment. 6. Counterparts. This First Amendment may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereby duly execute this First Amendment as of the date(s) listed below. ON BEHALF OF THE CITY OF TUKWILA Steve Mullett, Mayor ATTEST: e C antu, City le r): APPROVED AS TO FORM City Attorney ON BEHALF OF WESTFIELD: Date of Execution: % WEA SOUTHCENTER LLC, a Delaware limited liability company By: Westfield America Limited Partnership, a Delaware limited partnership, Its sole member By: Westfield U.S. Holdings, LLC, a Delaware limited liability company, Its general part ; r By: Name Its: Date of Rory A. Packer Assistant Secretary ution: C.. f 6, 2007 v NtlP•.n rsTPD:LDV tvui.orn1r.Yr AGRCCMI:NnY1RST AnICNO TO DCVTLOPMCNT AGREEMENT DCAO DOC STATE OF WASHINGTON ) ) ss. COUNTY OF , ) On this 1 % day of '4 142007, before me, the undersigned, a Notary Public in and for the State of Washingt.n, duly commissioned and sworn, personally appeared Steve Mullet, to me known to be the person who signed as Mayor of the City of Tukwila, Washington, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said office of the municipal corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. \.\\"`"h1\ttt� '1 aE ENN /g c4I � i�- P,��'�ssroy',,•9 �i n ,t�aor,q F +�.ti�4s TARY PUBLIC in and for the pS ' e o Washington, residin A .. �s Sat 9,LCN'�.Q i v% , c.-a _,c, s 4 My commission expires: 7 - /L` ii '<'('";,-,','Z'9:1 if _`per_ �IJV� FiiilV!S it/TZ / ih;o.. \\\`Gc�� [Type or Print Notary Name] Fge) bt) 1145Tf 1 ' 30 EXHIBIT B LEGAL DESCRIPTION PARCEL 1: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; AND OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON; AND OF THE W.H. GILLIAM DONATION LAND CLAIM NO.40, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 00°12'09" WEST ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF SAID SUBDIVISION 406.49 FEET; THENCE SOUTH 89 °47'51" WEST 30 FEET TO THE WEST MARGIN OF ANDOVER PARK WEST AND THE TRUE POINT OF BEGINNING; THENCE NORTH 87 °25'13 " WEST 526.42 FEET; THENCE SOUTH 00 °19'36" WEST 30.02 FEET; THENCE NORTH 87 °25' 13" WEST 253.52 FEET; THENCE SOUTH 00 019'36" WEST 366.84 FEET TO THE NORTH LINE OF THE SOUTH 40.00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG SAID NORTH LINE 179.20 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS NORTH 00 °19'36" EAST FROM A POINT ON THE SOUTH LINE OF SAID SECTION 23, WHICH IS 341.40 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH 00 °19'36" WEST 14.00 FEET; THENCE NORTH 89 °40'24" WEST 10.50 FEET; THENCE SOUTH 00 °19'36" WEST 36.83 FEET; THENCE NORTH 89 °40'24" WEST 7.90 FEET; THENCE SOUTH 00 °19'36" WEST 42.17 FEET; THENCE NORTH 89 °40'24" WEST 72.00 FEET; THENCE SOUTH 00 °19'36' WEST 96.00 FEET; THENCE NORTH 89 °40'24" WEST 226.00 FEET; THENCE NORTH 00 °19'36" EAST 138.17 FEET; THENCE NORTH 89 °40'24" WEST 79.90 FEET; THENCE NORTH 00 °19'36" EAST 10.83 FEET TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG SAID EXTENSION 10.50 FEET; THENCE NORTH 00 °19'36' EAST 40.00 FEET; THENCE NORTH 89 °40'24" WEST 151.60 FEET; THENCE NORTH 00 °19'36" EAST 790.45 FEET TO THE NORTHEAST CORNER OF THAT PORTION OF THE SOUTHCENTER PARKWAY VACATED BY ORDINANCE NO. 555, CITY OF TUKWILA, AND AS RECORDED UNDER RECORDING NO. 6516239, TN KING COUNTY, WASHINGTON, SAID NORTHEAST CORNER ALSO BEING A POINT ON A 565.79 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THROUGH WHICH A RADIAL LINE BEARS SOUTH 04 °34'32" EAST; THENCE WEST ALONG SAID CURVE AND THE SOUTHEASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY, 282.00 FEET TO A POINT OF COMPOUND CURVE TO THE LEFT OF A 339.07 FOOT RADIUS; THENCE SOUTHWESTERLY ALONG SAID CURVE 37.76 FEET TO THE MOST NORTHERLY POINT OF A TRACT OF LAND CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6516243, IN KING COUNTY, WASHINGTON; THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE AND SOUTHEASTERLY MARGIN 312.17 FEET; THENCE SOUTH 89 °39'00" WEST ALONG SAID SOUTHEASTERLY MARGIN 17.04 FEET TO THE EASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY (FORMERLY 57TH AVENUE SOUTH) AS DEEDED TO THE CITY OF TUKWILA AND RECORDED UNDER RECORDING NO. 5735981; THENCE SOUTH 00 °21'00" EAST ALONG SAID EAST MARGIN 438.12 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 00°23'45" EAST ALONG SAID EAST MARGIN 633.44 FEET TO THE 31 NORTHERLY LINE OF STATE HIGHWAY RIGHT OF WAY; THENCE NORTH 89 °52'42" EAST ALONG SAID NORTHERLY LINE 5.31 FEET TO THE EASTERLY LINE OF SAID STATE HIGHWAY RIGHT OF WAY; THENCE SOUTH 00°07'18" EAST ALONG SAID EASTERLY LINE 134.50 FEET TO THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH 43°25'OS" WEST ALONG SAID SOUTHEASTERLY LINE 6.74 FEET TO THE AFORESAID EAST MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 00°23'45" EAST ALONG SAID EAST MARGIN 471.45 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS; THENCE ALONG SAID CURVE 77.70 FEET TO A POINT OF TANGENCY ON THE NORTH LINE OF STRANDER BOULEVARD (FORMERLY SOUTH 164TH STREET), AS DEEDED TO THE CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER CORPORATION ON FEBRUARY 14, 1963; THENCE SOUTH 89 °26'22" EAST ALONG SAID NORTH LINE 588.31 FEET; THENCE SOUTH 89 °30'56" EAST ALONG SAID NORTH LINE 1255.52 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS; THENCE ALONG SAID CURVE 79.14 FEET TO THE WEST LINE OF ANDOVER PARK WEST, AS DEEDED TO THE CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER CORPORATION ON NOVEMBER 1, 1962; THENCE NORTH 00°12'09" WEST ALONG SAID WEST LINE 1652.93 FEET TO TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PEAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON; AND OF THE W.H. GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE THEREOF 217.00 FEET; THENCE NORTH 00°19'36" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °40'24" EAST 151.60 FEET; THENCE NORTH 00 °19'36" EAST 182.00 FEET; THENCE SOUTH 89 °40'24" EAST 406.80 FEET; THENCE SOUTH 00o1936 WEST 182.00 FEET; THENCE SOUTH 89 °40'24" EAST 179.20 FEET; THENCE NORTH 00°19'36" EAST 366.84 FEET; THENCE SOUTH 87 °25' 13" EAST 253.52 FEET; THENCE NORTH 00°19'36" EAST 208.77 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT OF A 45 FOOT RADIUS; THENCE ALONG SAID CURVE 45.96 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG A CURVE TO THE RIGHT OF A 12235 FOOT RADIUS 63.68 FEET TO THE SOUTHERLY MARGIN OF TUKWILA PARKWAY AS DEEDED TO THE CITY OF TUKWILA AND RECORDED UNDER RECORDING NO. 5735981, IN KING COUNTY, WASHINGTON; THENCE SOUTH 88 °40'00" WEST ALONG SAID SOUTHERLY MARGIN 76.15 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT OF A 1472.39 FOOT RADIUS; THENCE ALONG SAID CURVE AND SOUTHERLY MARGIN 423.38 FEET; THENCE NORTH 74 °51'30" WEST ALONG SAID SOUTHERLY MARGIN 407.05 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF 552.62 FOOT RADIUS; THENCE ALONG SAID CURVE AND SOUTHERLY MARGIN 185.63 FEET TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH 00 °19'36" WEST; THENCE SOUTH 00 °19'36" WEST 788.90 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 110.00 FEET OF THE WEST 151.60 FEET THEREOF; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEEDS RECORDED UNDER RECORDING NOS. 8603140908, 8603140909 AND 8603140910. 2 32 PARCEL 3: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON; AND OF THE COMMEN ING AT THE SOUTHWEST DONATION ORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH 89 °40'24" EAST ALONG THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER 341.40 FEET; THENCE NORTH 00 °19'36" EAST 107.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 °19'36" EAST 114.25 FEET; THENCE NORTH 89 °40'24" WEST 406.80 FEET; THENCE SOUTH 00 °19'36" WEST 114.25 FEET; THENCE SOUTH 89 °40'24" EAST 90.40 FEET; THENCE NORTH 00 °19'36" EAST 27.42 FEET; THENCE SOUTH 89 °40'24" EAST 226.00 FEET; THENCE SOUTH 00 °19'36" WEST 27.42 FEET; THENCE SOUTH 89 °40'24" EAST 90.40 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 4: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER 65.40 FEET; THENCE NORTH 00 °19'36" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°19'36" EAST 110.00 FEET; THENCE NORTH 89 °40'24" WEST 151.60 FEET; THENCE SOUTH 00 °19'36" WEST 110.00 FEET; THENCE SOUTH 89 °40'24" EAST 151.60 FEET TO THE TRUE POINT OF BEGINNING. 3 33 SES SITE ENHANCEMENT SERVICES 6001 Nimtz Parkway South Bend, IN 46628 MAR 10 2009 COMMUNITY DEVELO PriGENT March 5, 2009 Stacy MacGregor City of Tukwila Department of Community Development 6300 Southcenter Blvd. Tukwila, WA 98188 RE: Sign variance for Fidelity Investments Ms. MacGregor: Included in this package is the sign code variance submittal including all required documents and drawings for Fidelity Investments located at 304 Strander Blvd. Please let me know if any additional information is needed to secure a place on the next available agenda. Sincerely, J. Charley Schalliol Site Enhancement Services Agent for Fidelity Investments National Toll Free: 888. 276. 7065 Fax: 574. 237. 6166 STATE OF WASHINGTON • • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan.( ci.tukwiIa.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS ' PERMISSION TO ENTER PROPERTY D MAR 10 2009 CUiathdiJNiTY DEVELOPiie:ENT ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, coptraftors or other representatives tives the right to enter upon Owner's real property, located at ?,O % % StU ol4� ( 2 . la A. • �- OL'4Q_Vik G' °O I St, t;) 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. 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 L$. (city) Ck (state), on Fe/t3 JOr—>1 mime, 20 (Print Name) 116o l w, lSti (3I-'&t (Address) 310. 13,4.1 •'4 - (Phone Number) (Signature) On this day personally appeared before me a known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his / voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF 20 OTARY PUBLIC in and for the State of Washington residing at My Commission expires on • • F7-7,C,' np9G°' U MAR 10 2009 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT COM MUN :rr State of California County of LoS A-9 e es On oZ./ a.3 joct / Dat personally appeared 0-0 .c,A. -eL before me, } RC_ - , A 7`et-v' ' f - 4(C.- Here Insert Name and Title of the Officer )2(t PI& Vl& � ame(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s)" whose names)- is /afe- subscribed to the within instrument and acknowledged to me that he /she,ey executed the same in his /ihefitheiiauthorized capacity(ies), and that by his /herltheir signature(s) on the instrument the personSs), or the entity upon behalf of which the person,(,sj acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. COT51-Ce7R--.0 . Signature OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of '..es: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Consery ❑ Other: Signer Is Re • senting: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ^cxx ,„ ©2007 National Notary Association • 9350 De Soto Ave , PO Box 2402 • Chatsworth, CA 91313 -2402 • mow NationalNotaryorg Item 85907 Reorder Call Toll -Free 1- 800 - 876 -6827 A- , The circumstances prompting the variance are a result of not being allowed a freestanding sign due to a binding agreement made with the Southcenter Mall for outparcels. If the property is being regulated as an outparcel to a mall it should be allowed the wall mounted signage for an outparcel, and not be held to the restrictions of the commercial zone. 5. That the variance, as granted, represents the least amount of deviation from prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. A- The proposed signage is the minimal amount of signage for safe wayfinding to the property, and would fall considerably below the overall allowed square footage for the site. The size of the proposed signs represent the minimal letter height for approaching traffic to legibly identify the property and provide adequate time to safely maneuver to the site. 6. That granting of the variance shall result in greater convenience to the public in identifying the business location for which a sign code variance is sought. A- Granting of the variance will provide traffic approaching the property the wayfinding signage necessary to identify the site whether approaching from either direction on Strander Blvd or from either direction on the Southcenter Mall ring road, which would eliminate the need to make unsafe vehicular maneuvers to reach the site. 7. That the granting of the variance will not constitute a public nuisance or adversely affect the public safety A- Granting of the variance will improve public safety by providing safe wayfinding, and the signage on this building will not be inconsistent with other Planned Shopping Center (Mall). outparcels as defined in the Tukwila Municipal Code. 8. The proposed variance shall not interfere with the location and identification of adjacent business buildings or activities. A- Granting of this variance will not interfere with adjacent businesses as the signs are architecturally designed to proportionally represent each facade. The proposed signage is a request to replace the freestanding signage which the property is entitled to per the Tukwila Municipal Code but denied due to a binding agreement with the Southcenter Mall and the City of Tukwila. Being granted the wall mounted signage allowed for outparcels of Planned Shopping Centers would improve the identification of adjacent businesses by replacing the need of a freestanding sign. City of Tukwila Sign Code Variance Justifications 1. That the variance as approved shall not constitute a grant of special privilege which is inconsistent with the intent of this sign code, nor which contravenes the limitation uses of property specified by the zoning classification in which this property is located A- The sign code is written to allow individual businesses in planned shopping center (mall) to - have signage equal to or less than 6% of the exposed building face area up to maximum of 500 square feet and a maximum of 4 wall signs. However, this property has been zoned commercial even though it is being restricted by the planned shopping center criteria which prohibit the use of a freestanding sign. This property is an outparcel to the Southcenter Mall and is not being allowed the maximum sign area for either commercial zoning or as a planned shopping center business. 2. That the variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. A- A variance is necessary for this property due to the location of the site and the numerous access points to the property. This property is located as an outparcel to the Southcenter Mall with frontage on three right -of -ways. The current allowed signage for the property only allows adequate advance visibility to clients approaching from the West and South of the property. Clients approaching from the East or North of the property would be required to pass the property, and would have to perform dangerous traffic maneuvers to double back. 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and in the zone in which the subject property is located. A- Granting of the variance will only improve the public welfare, and will in no way be injurious to other properties or improvements in the vicinity. The proposed signage is the minimal amount of signage to properly provide adequate wayfinding for current and potential clientele to make the necessary maneuvers to safely reach the property. 4. That the special conditions and circumstances prompting the variance request do not result from the actions of the applicant. CRITERIA FOR SIGN CODE VARIANCE (TMC 19.12.060) A. Variance review shall be a Type 3 permit pursuant to 18.104.010. The Hearing Examiner may grant a variance to the requirements of this code only if the applicant demonstrates compliance with the following criteria: 1. That the variance as approved hall not constitute a grant of special privilege which is inconsistent with the intent of this sign code, nor which contravenes the limitation uses of property specified by the zoning classification in which this property is located. 2. That the variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and in the zone in which the subject property is located. 4. That the special conditions and circumstances prompting the variance request do not result from the actions of the applicant. 5. That the variance, as granted, represents the least amount of deviation from prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. 6. That granting of the variance shall result in greater convenience to the public in identifying the business location for which a sign code variance is sought. 7. That the granting of the variance will not constitute a public nuisance or adversely affect the public safety. B. The proposed variance shall not interfere with the location and identification of adjacent business buildings or activities. C:\ Users \jcs \AppData \Local\ Microsoft \Windows \Temporary Internet Files\ ContentOutlook \LOH6IFD2 \Variance - JANO9.doc • CITY OF TUKWILA .Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci.tukwila.wa.us Rr OWE E) MAR 10 2009 COMP jUNtTY DEVELOP(IEZONING OR SIGN CODE VARIANCE APPLICATION FOR STAFF USE ONLY Permits Plus Type: P-SV or P -VAR File Number: L.Q° -010 Planner: C: ( Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: Fidelity Investments - South Center Mall LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 304 Strander Blvd- Tukwila, WA LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 6364200010 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /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: J. Charley Schalliol - Site Enhancement Services (agent - Fidelity TnveCtmPats) Address: 6001 Nimtz Parkway - South Bend, IN 46628 Phone: 888- 660 -1838 FAX: 574 - 237 -6166 E -mail: JCS @siteenhancementse s c. Signature: C:\Users\jcs\AppData JAN09.doc icrosoft \Window ate: 2/27/09 Temporary Internet Files\ ContentOutlook \LOH6IFD2 \Variance - i Fidelily INV ES TMENTS Proposed Sign 1r ‘ 0, i . 110ME 11110 101111CIDUM immuin _ 0.1111C111101112 g'ITic"="1"--"'.1.7"011111 COMM PNICEI P41011111 alliftli“ I IPI hliniTIVAME111 LAMM en-11110.41=1311 111111•3111 r-'1-11111 FIELAMORM PAINEIN INNEMAIN ' .. i Ham 11:10 _.....,_ . ...vs Ill EMMEN IIIIMIIIIIIIIIE11111111111113Pm" Ink° ill MIM 11571-7111111717.iii ISTMTNI ifil 1 ' ' 1 mE2-... •-• ' s 710AIMEaPaiRan'llanffElid - — - IEEke l • , Ju •111141 UM' Man -+, t. Allowed By Code an, , 'titY 0 M.I.erldriMT—.51111111111=-211114, ..pi Is. Imanismi dakim i■ . 111E111111E11 Ina •IaNclisql 0 I 1101 MICIIIIIIMEI 11111111111111111 Ehmons E041124 111111011111111:111111 Iligun willed: 16.416 Lin E. lin al m-19 ma. EalIIER--= 00 El ,_----se Ille IMO ausurarl jam. sullEaMollif. ME -- issoninesl•kigall 11011212111111:Elli MMIWINISIIIII •grolia 11111....rimi 1.....741 me mum Iglu= callirali••r.utao =MLA 111MMIII gamamuiiiimsarnom mmmmm s 1111111.111911ililigilibillaralniii --..1.7"`"" mr=imar-Ismasin ask– -= Oa i'a Ismilmoinmum IL:3,..§IM • 0 Inola Immumanunt•=n---=— EINIIIIMISI um= a mu =imerixemi 11E-1111111:-4 110•111111.0 ..23= 'gill ILIFINIIPIll 11111111En A ' .7--, •"63111111111•11 — a I www.,41001 ihammai 1111 Wit, Emi ,°111=11.11=-41 NMI= EU . IL , - - I II MIMEO trd PIIMINIEN E•imain '' Cummmi 11=.1111..1111110111 •Z:1 NE •••• ,c3, ear 121 eltil I 1 1 1 ,-- - - •=.■ Allowed By Code New Branch Westfield Southcenter - Tukwila, WA /0 (0 P' iIk "0 Proposed Sign Site Enhancement Services I Ph: 1 . 888 . 546 . 6095 I Fax: 1 . 574. 237 . 6166 I www.siteenhancementservices.com EILIN64:1LAN March 4, 2009 - Rev 14 0 r Allowed.By Code . - SOUTH ELEVATI TYPE-W-FA 6E T 42" CHANNEL LETTER F-del1V. NOVVESTIVIENTS 4251-0" 5,-9" 19'-3" ci) 16-3" 3'-0" (1) 12'-0" 16" 10'43" Center Vertically 79,-3" 761-3" March 4, 2009 - Rev 14 South Elevation Scale: .1/16" = -11-0" *Fidelity I NIVES TMENTS *night time illumination New Branch Westfield Southcenter - Tukwila, WA STRANDER BOULENAFtD ( Page'2 of 6 Site Enhancement Services I Ph: 1 . 888 . 546. 6095 I Fax: 1 . 574 . 237 . 6166 I wwv5IligitligYnilVdervices.com MAR 10 2009 COMMUNiTY DEVELOPMENT SCS7 ffirrEeoan • EAST,ELEVATIOKU-'TYPE'A'fFACELIT42",'CHANNEL-LETTERS:]-1 Fidelity INVESTMENTS Center Vertically 1 1 I 1 1 I 1 1 1 1 1 1 1 1 I 1 1 11 1 1 I 1 1 March 4, 2009 - Rev 14 East Elevation Scale: 1/16"=1'-0" Center over windows 4Fidelity INV,SYMFMTS *night time illumination New Branch Westfield Southcenter - Tukwila, WA 42"Letter set STRANDER BOULEVARD ( Page 4 of 6 a' A Cf Site Enhancement Services I Ph: 1 . 888 . 546 . 6095 I Fax: 1 . 574 . 237 . 6166 I www.siteenhancementservices.com SE? MAR 1 0 2009 COMMUNITY OFVELOPMENT xoposed Sigh. RTH ELEVATION =TYPE 'A'- FACE- LIT42 ", CHANNEL LETTERS ,Fidelity M Center Vertically North Elevation Scale: 1/16"=1'-0" 17'-2 -7/8" 13'- 5 3/4" 10' -7 5/8" /1"ZW/7d ,8', —,,,, co cv a 00 do , 7vuL a7, 5/41 (�; Fidelity *night time illumination New Branch Westfield Southcenter - Tukwila, WA Scale: '/4 "= .1' March 4, 2009 - Rev 14 STRANDER BOULEVARD 1 ( 1 Page 5 0 6 �rmrt Site Enhancement Services I Ph: 1 . 888. 546. 6095 Fax: 1 . 574. 237. 6166 I www .siteenhancementigryes1cgln200n SCS ■ ■88a COMMUNITY 8 DEVELOPMENT A -PUSH ITHR INDIVIDUAL LETTERS WHITE ] INVESTMENTS 'Medallion' logo - Internally illuminated aluminum channel letter illuminated w/ Sloan Gen 4 White LED's - Face'is 1" thick.plex pushed -thru 11/16" w/ first surface 3M 3630 -20 White Vinyl & 3M Gold Nugget Vinyl .applied = over the white - 3'/2 ":returns to match PPG 25426: Gold (Metallic) Scale: 1/4 "= -1' `Fidelity' letters -. Internally illuminated aluminum channel letters illuminated w/ Sloan Gen 4 White LED's - :Faces area ".thick:plex pushed -thru 11/16" w/ 3M 3630 -20 White Vinyl applied first surface to, edge - 3 1/2" deep returns painted Matthews M23393 Green - 'i' connectors painted' Matthews M23393 Green 'INVESTMENTS' letters - Internally illuminated-NAS plex channel letters•illuminated w/ Sloan Mini White LED's - Faces are 3/8" thickplex pushed -thru 1/4" w/ 3M 3630 -20 White Vinyl applied first surface to edge - -1 1/2" deep returns painted Matthews M23393 Green Installation Notes - "Fidelity" letters and logo disk are mounted 1 3/16" off wail w/ aluminum angle clips - clips painted Silver "Investments" letters are mounted 1/2 `off wall w/ spacers - spacers painted Silver ULListed - Exterior Set New Branch °Westfield Southcenter - Tukwila, WA 1 3/16 "-$' Ir IIA�Al11AA�Al� AIHIIII aittCIIPd1111111N11 :E: March 4, 2009 - Rev 14 3 Ye'LOGO•DISK' & 'FIDELITY' LETTERS 101 1" ACRYLC FACE- EXTENDS 11/16 "PAST RETURN LEDs 1/4" DRIVE ANCHOR 1/4 - 20 MACHINE SCREW 1" x 1" x 3/16" ALUM ANGLE ALUMINUM RETURN 1 1/2" NAS 'INVESTMENT LETTERS 11116A"1"1111111111111 111111111111"11111111 C. 'WALL 1/2" SPACER 3/8^ ACRYLIC -FACE - EXTENDS ve PAST RETURN LEDs 'PLEXRETURN Section Thru (Separated for _Clarity) Page 6 of 6 Site Enhancement Services Ph: 1 . 888. 546. 6095 Fax: 1 . 574. 237. 6166 www.siteenhancementsenaces.com MAR 10 20091 1T( °.:1ENT SCS VICINITY MAP SHEET NOTES LOCATION MAP o LANDSCAPED AREA REFER TO LANDSCAPE DRAWINGS o REFER TO CVIL & LANDSCAPE DRAWINGS FOR SITE SCOPE OF PER( o SEE EVR DRAWINGS FCR COMPLETE SCOPE OF STEROID( COORDINATE FULL SCOPE ■14 LANDLORD/DEVELOPER. C) TRANSFORMER PAD. COORDINATE LOCAOCN CIVIL ENGINEER DRAWINGS. REFER ALSO TO LANDSCAPE DRAWINGS o COORDINATE IRAN0TION5 AT ENTRY LOCATIONS W /0811 DRAWINGS o EXIST. FIRE HYDRANT TO REMAIN. o LOCATION OF NEW WALK AT NEW CURB OUT - REFER TO CIVIL DRAWINGS. o NEW CURB RAMP - REFER TO CIVIL DRAWINGS. o ACCESSIBLE PARKING SPACES m ON -STE PANTED 51R/PING FOR PARKING SPACES: C00R0. W /0011 DRAWINGS 11 9TE LIGHTING - NOT IN CONTRACT (BY OTHERS) u PROPERTY LINE - REFER TO C11L DRAWINGS u 10' WIDE EASEMENT - REFER TO CIVIL DRAWINGS 14 MATCH NEW PAVEMENT II/EX/SWIG - REFER TO CIVIL DRAWINGS FOR EXTENT AND SCOPE Is LOCATION OF PROPOSED REVI9WS FOR PEDESTRIAN AMENITIES PROPOSED OFFICE BLDG 7.200 S.F. F.F.E. 0' -0' = 27.0' GENERAL NOTES • n AREA NOT IN ARCHITECTURE OR LANDSCAPE SCOPE GF PERK 1. REFER TO CIVIL DRAWINGS FOR LOCATION OF BUILDING ON SITE 2 REFER TO CIVIL DRAWINGS FOR SCOPE OF STE WORK FOR COORDINATION OF WORK 111TH EXISTING INFRASTRUCTURE AT SOUTH CENTER MALL 3. ALL SITE LIGHTING TO BE PROVIDED BY WESTFIELD. REFER TO CIVIL DRAWINGS FOR SCOPE OF WORK. 0Fidelity Seattle Branch 304 Strander Blvd. Seattle, WA 98188 133 F.dml Soeet 5th Moor BMA. MA 02110 Gensler Facsimile 617.292.4401 Yoe 0o.717.77. .r CI* 01 06/02/08 PG BT ISSUE FOR PERMIT & CONSTRUCTION A 02 06/16/08 PG BT ADDENDUM 1: BID CLARIFICATION 1 1 "*'''- Fidelity Inrestce Center - SEATTLE BRANCH 111.55039.163 000 -50 1 SUE PLAN I ~ ' 10' ...s 0 55 � ® A00.50 &e � W 0 Lu ( 1- F- Uj - D. U0 SHEET NOTES Q LANDSCAPED AREA. REFER TO LANDSCAPE DRAWINGS. Q REFER TO CIVIL & LANDSCAPE DRAWINGS FOR 9TE SCOPE CF WORK 0 SEE OV1L DRAWINGS FOR COMPLETE SCOPE CF 91EWORK. COORDINATE F L1 SCOPE 01111 LANDLCRD/DEVELOPER. Oi TRANSFORMER PAD. COORDINATE LOCATION CIVIL ENGINEER DRAWINGS. REFER ALSO TO LANDSCAPE DRAWINGS Q COORDINATE TRANSOMS AT ENTRY LOCATIONS W /OWL DRAWINGS © EXIST. FIRE HYDRANT TO REIAAIN. Qi LOCATION OF NEW WALK AT NEW CAB CUT - IREFER TO OWL DRAWINGS Oe NEW CURB RAMP - REFER TO 0WL ORAWIN65 Q ACCESABLE PARKING SPACES m ON -9TE PAINTED STRIPING FOR PARKING SPACES; COORD. W /OWL DRAWINGS rl 9711 LIGHTING - NOT III CONTRACT (BY OTHERS) 12 PROPERTY LINE - REFER TO 0311 DRAWINGS 0 10' WIDE EASEMENT - REFER TO COAL DRAWINGS u MATCH NEW PAVEMENT W/EXISING - REFER TO CIVIL DRAWINGS FOR EXTENT AND SCOPE. IS LOCATION OF PROPOSED RE3190N5 FOR PEDESTRIAN AMENITIES REFER TO DAL DRAWINGS FOR BUILDING LOCATION ON SITE PROPOSED OFFICE BLDG 7.200 S.F. F.F.E. 0' -0' = 27.0' GENERAL NOTES •STRANDER BOULEVARD n AREA NOT IN ARCHITECTURE OR LANDSCAPE SCOPE OF WORK 1. REFER TO CIVIL DRAWINGS FOR LOCATION OF BUILDING ON 91E. 2. REFER TO OVAL DRAWINGS FOR SCOPE OF 91E WORK FOR COORDINATION OF WORK WITH EASING INFRASTRUCTURE AT SOITHCENTER MALL 3. ALL 9111 ITCHING TO BE PROVIDED BY WESTFIELD. REFER TO CIVIL DRAWINGS FOR SCOPE OF WORK. o Fidelity Seattle Branch 304 Strander Blvd. Seattle, WA 98188 - 133 Federal Street 78 Floor Baran 1NA 02110 GenslerFas®ik 617.292.E 1 D ana. owe •na,ow..kaew By ce.e, 01 06/02/08 PC BT ISSUE FOR PERMIT & CONSTRUCTION d 02 06 /16 /08 PG 8T ADDENDUM 1: BID CLARIFICATION kiiveneyeerere Fidelity Investor Center - SEATTLE BRANCH 11.5039.163 10an rr nnw 800 -50 Ioveveeeee 911 PLAN IN* 0 5 10 20. w' ®... M A00.50 CNN 0nr