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Permit L03-078 - SABEY CORPORATION - HOMELAND SECURITY CODE AMENDMENT
COMPREHENSIVE PLAN AMENDMENT & REZONE ZONING CODE AMENDMENT COMPREHENISVE LAND USE AMENDMENT (SABEY /INS BUILDING) BETWEEN TIB & 34T" AVE S L03 -078 COMPREHENSIVE PLAN AMENDMENT COMPREHENSIVE LAND USE PLAN AMENDMENT ZONING CODE AMENDMENT Washington Ordinance No. L 2.i `i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE CITY OF TUKWILA'S ZONING MAP FROM LOW- DENSITY RESIDENTIAL (LDR) TO MANUFACTURING INDUSTRIAL CENTER/LIGHT (MIC,fL) AT THE PROPERTY LOCATED AT THE WESTERN TERMINUS OF SOUTH 126TH STREET AND BETWEEN TUKWILA INTERNATIONAL BOULEVARD AND 34TH AVENUE SOUTH; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Zoning Map, based on consideration of existing conditions and long -term community -wide goals, and these policies inay be reviewed and updated as appropriate; and WHEREAS, Sabey Corporation has requested amendments to the Zoning Map for the property located at the western terminus of South 126th Street and between Tukwila International Boulevard and 34th Avenue South; and WHEREAS, the City Council held a public meeting on March 15, 2004, and forwarded the Sabey Corporation's request for rezone to the City of Tukwila Planning Commission for further review; and WHEREAS, the City of Tukwila Planning Commission, after having received and studied staff analysis and comments from members of the public at a public hearing held on May 20, 2004, recommended denial of the applicant's request for the rezone; and WHEREAS, the City Council has held its own duly advertised public hearings on the aforementioned request, at which time the Council took testimony including all written and oral comments, statements and arguments submitted to the Council; and WHEREAS, the City Council evaluated this rezone request based on the analysis contained within the staff memo to the Council dated August 10, 2004, which included four staff reports to the Planning Commission as exhibits dated March 15, 2004,.May 20, 2004, June 16, 2004 and July 14, 2004, which are hereby incorporated by this reference; and WHEREAS, this rezone request is in conformity with the adopted Comprehensive Land Use Policy Plan, Tukwila Municipal Code Title 18, and the public interest; and WHEREAS, this re2:one request is supported by an architectural site plan showing the proposed development and its relationship to the surrounding areas; and WHEREAS, this rezone request meets the criteria for granting zoning map reclassifications listed under Tukwila Municipal Code 18.84.030; and Amend Zoning Map -Sabey 11/22/04 Page 1 of 2 WHEREAS, the Committee of the Whole, after due consideration, and after taking public testimony at the public hearing held on October 4, 2004, believes that certain amendments to the City's Zoning Map are necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Zoning Map change set forth in Section 2 of this ordinance is found to be necessary and desirable for the reasons presented in staff reports, previously referenced, and at public hearings. The City Council specifically finds that the proposed zone change conforms to all relevant criteria set forth in TMC 18.84.030. Section 2. The City's Zoning Map is hereby amended to designate the entire parcel #740600602, generally located at the western terminus of South .126th Street and between Tukwila International Boulevard and 34th Avenue South, as Manufacturing Industrial Center / Light, rather than having split zoning designations of Low - Density Residential, Commercial Light Industrial, and Manufacturing Industrial Center /Light, as shown on Exhibit A. Section 3. The Zoning Map change shall be allowed upon approval and execution of the Covenant attached hereto as Exhibit B, which Covenant is incorporated herein as part of this ordinance by this reference, and all development of the site by the applicant or its successors in interest shall be in strict conformity with the provisions of Exhibit B. Any change in the provisions of Exhibit B shall require rezone proceedings. Section 4. In the event that the property is developed in violation of the Covenant attached hereto as Exhibit B, said Covenant shall be deemed null and void and the zoning designation for the property shall revert to the zoning designations which existed prior to the date of adoption of this ordinance. Section 5. Severability. If any section, subsection, paragraph; sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this iQ_ I day of i1,��V C'.YY "t . ; , 2004. i ATTEST /AUTHENTICATED: J e E. Cantu, CMC, City Clerk APPROVED AS TAO ' IiBY: Office of the Ci .. -tt (1 rney Dn n %nnino an_Ca}�cv 11 /10 Ina PaaA 7 of 7 Steven M. Mullet, Mayor Filed with the City Clerk: / / . / 2. 0 Passed by the City Council: .22- (r Published: Effective Date: Ordinance Number: SUMMARY OF ORDINANCE No. 2069 City of Tukwila, Washington On. November 22, 2004, the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2069 , the main points of which are summarized by its title as follows: An ordinance of the City Council of the City of Tukwila, Washington, amending the City of Tukwila's Zoning Map from Low- Density Residential (LDR) to Manufacturing Industrial Center /Light (MIC /L) at the property located at the western terminus of South 126th Street and between Tukwila International Boulevard and 34th Avenue South; providing for severability; and establishing an effective date. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Special Meeting on November 22, 2004. Jan, E. Cantu, CMC, City Clerk !l Published Seattle Times: 11/26/04 CONCOMITANT AGREEMENT AND COVENANT RUNNING WITH THE LAND This agreement is entered into this L Sl G day of L/n 2004, by and between International Gateway East III, LLC, a Washington limited liability company, hereinafter referred to as the "Applicant" and the City of Tukwila, Washington, a municipal corporation, hereinafter referred to as the "City." WHEREAS, the City has authority to enact laws and to enter into agreements to promote the health, safety, and welfare of its citizens and thereby control the development of property within its jurisdiction; and WHEREAS, the Applicant has applied for a rezone of certain property described below within the City's jurisdiction from LDR, district to C /LI district, consistent with the Comprehensive Plan adopted by the City pursuant to the Growth Management Act (RCW 36.70A); and WHEREAS, the City and the Applicant are both interested in complying with the ordinances of the City of Tukwila- relating to the development of the property situated in the City described as follows: Lots 1, 2 and 3 in Block 12 of Riverton Addition, as per the Plat recorded in Volume 13 of Plats, Page 36 records of King County, Washington, together with the entire 40 foot width of vacated South 126th Street adjacent and contiguous thereto (also being known as Lot C of Boundary Line Adjustment Number 89- 6-BLA, recorded under King County Recording Number 8908161260), situated in the City of Tukwila, County of King, State of Washington. hereinafter sometimes referred to as the "Site "; and WHEREAS, the City desires to enforce the rights and interests of the public by this Concomitant Agreement; NOW, THEREFORE, in the event the site is rezoned from LDR to MIC /L district, the Applicant covenants to the City and agrees on behalf of itself and each of its successors and assigns, that during the entire period that the property is zoned MIC /L, the Site will be developed only in accordance with this Covenant and subject to the conditions provided herein. The Applicant specifically agrees that this Covenant touches, concerns, enhances, benefits and runs with the property. 1. Title. Applicant is the sole and exclusive owner of the property. 2. Conditions. The Applicant promises to comply with all the terms and conditions of this agreement in the event the City, as full consideration herein, grants the rezone relating to the Site. The Applicant hereby agrees to be bound by and to comply with the following conditions: Concomitant Sabey 11/18/04 Page 1 of 3 EXHIBIT B a. The Applicant shall install ten Douglas Fir trees that are 12 to 14 feet in height and five Douglas Fir trees that are 6 to 8 feet in height, along the south property line as shown in the clouded area on the attached Exhibit 1. The fifteen Douglas Fir trees shall be installed within 180 days of the approval of this agreement. All other landscaping shown on Exhibit 1, except the fifteen Douglas Fir trees, was approved as part of the Conditional Use Permit (File Number L02 -055) and Design Review Application (File Number L02 -056) for the Department of Homeland Security building by the Planning Commission on February 27, 2003. Also, prior to the approval of this agreement, the applicant shall provide a performance bond or other financial security as approved by the City Attorney, guaranteeing the completion of such improvements. b. No access to the site will be allowed from 34th Avenue South. c. All uses of this property shall be consistent with zoning designation MIC/ L. 3. Binding. No modifications of this agreement shall be made unless mutually agreed upon by the parties in writing. 4. Remedies. Violations of this Covenant shall be enforced by the City according to enforcement procedures applicable to zoning code violations. In addition to other remedies available to the City by law, the City reserves the right to revoke the rezoning of the Site should the Applicant fail to comply with any of the terms and conditions of this agreement. 5. Successors. This Covenant shall remain in full force and effect, and be binding upon the Owner and his successors and assigns until amended, modified or terminated by an ordinance adopted by the Tukwila City Council. 6. Filing. The applicant shall file a copy of this covenant for record with the King County Records and Elections Division within 30 days of approval of this agreement so as to appear within the chain of title to the property. 7. Reversion. In the event that the property is developed in violation of the conditions set forth in this agreement, then this covenant shall be deemed null and void and the zoning designation for the property shall revert to the zoning designations that existed prior to the rezone contemplated herein. 8. Attorney Fees. In the event that legal action is instituted to enforce or interpret any provision of this Covenant, including any appeal thereof, the substantially losing party shall reimburse the substantially prevailing party for all costs and reasonable attorney fees incurred in connection therewith. 9. Severability. In the event that any term or clause of this agreement conflicts with applicable law, such conflict shall not affect other terms of this agreement, which can be given effect without the conflicting terms or clause, and to this end, the terms of this agreement are declared to be severable. Concomitant Sabey 11/18/04 Page 2 of 3 EXHIBIT B IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. APPLICANT International Gateway East III, LLC, By Sabey Corporation Manager CITY OF TUKWILA V% 1V\ 67\ 61/4- Q,lc -r- es N. Harmon, Treasurer & Secretary By Steven M. Mullet, Mayor STATE OF WASHINGTON ) SS. COUNTY OF KING APPROVED Sibley Kersla , ity ttorney I certify that I know or have satisfactory evidence that Tames N. Harmon to me known to be the Treasurer & Secretary of the corporation which executed the above instrument, appeared before me and said person acknowledged that he signed this instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: 1 , oZ ©D_' MARY A. HALL STATE OF WASHINGTON NOTARY - ° -- PUBLIC 111 COt1;MI8SION EXPIRES 12 -19 -05 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) By c") Notary Public-frr and for the State of Washington Name as commissioned: MR-t -ti i AFAL L -4-- Residing at: 5,1. et . My commission expires: / ' / 9 — 03— I certify that I know or have satisfactory evidence that Steven M. Mullet, Mayor, City of Tukwila, appeared before me and said person acknowledged that he signed this instrument and and voluntary act of such party for the uses and purposes acknowledgec,41aq‘ the free mentioned- Q:'" DATED , .n / :U PUBUG i I lI��-/4;-.**?.-. .. 2o6 .. S tt %� Wis''`e_ eqt. Concomitant Sabey 11/18/04 Page 3 of 3 By e N • t ry Public in and for the State of Washington , N. e as comm' sioned:\j/M)6 6'v4,i i S Residing at: e c.e. -.„ ..Ae 7-49/1 -�- z 9– '( My commission expires: EXHIBIT B ive Douglas Fir trees (6'-8' in height) to be planted per Agreement Ten Douglas Fir trees (12'-14' in height) to be planted per Agreement Depart. International Blvd .- Drawn By: JP IA Checked by: MAW The fifteen Douglas Fir trees shown in the clouded area are the only additional trees that are required by the Concomitant Agreement. All other landscaping shown on this plan is what was approved as part of the Conditional Use permit (File number L02-055) and Design Review application (File number L02-056) for the Department of Homeland Security building by the Planning Commission on February 27, 2003. WEISMAN DESIGN GROUP lANDSCAPEARCPMENRE z EMT WON STREET SEAM WA 18112-541i MI 10.3221/12/111 200721199 IMMET 111111NOGIIIC.COM EXHIBIT 1 Revised L1.01 4.4 6 2 L• z e Q .; S 9 u 9 :. O n D :..11 5 2 s 5 if f 3 c 3 6 f: f f 2 2 2 to ! ! ! 1t o n o p m n Y Is 74n ,4n iS b2. t 2 g g D • 1 b btsts b 14 b bf Y n 2 n 0 ln Y Rc o Q n n n° Q 413 q D ¶ n 120 .2a a 3• p 4 p •f f mil' I fo Lfoof 1002 2,1212121 I l i a 71 1:o . 11 2 2 1 ? rt 21 21 ? 1 !t di rl 2 1 L ti ti kaia ibtaa5 i itn; ;R; R ;R ;�; R ;7 n f Y f n f f ♦ Y Y • n n 9 9 n n n n n n 130 n 1 n 2 e In t 6 a r 3 - I • ® 0 0 Do o o o ®o e ®a 0l0 0©® O✓ O o a a liti zliat 3 3 3 � u VO 0 0 • 2 A $ s y t 3 5 0 t. ji• 3 .t 22 2 3 a A 1 1 3 1 1 epart. of Homeland Security 12 5 00 Tukwila International Blvd Tu kwila, WA o e' r Scale: 1" = 30' -0" Date: 10 -25 -04 r 1 k 0 I il Drawn By: JPM 3 Checked by: MAW i WEISMAN DESIGN GROUP= LANDSCAPE ARCHffEC1URE 1329 EAST MADISON STREET SEATTLE, WA 98112-5416 P9 206.3221132/FAX 2063221199 INTERNET WWW.WDGUIC.COM LSK-2. Rev ised L1.01 I City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director PUBLIC HEARING: NOTIFICATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: SUPPLEMENTAL STAFF REPORT TO THE PLANNING COMMISSION May 20, 2004 Notice of application and public hearing was mailed and posted on April 2, 2004. Notice of public hearing was also published in the Seattle Times on May 7, 2004. L03 -078 COMPREHENISVE LAND USE PLAN David Evans & Associates for Sabey Corporation. Comprehensive Plan amendment from Low Density Residential (LDR) to Commercial/Light Industrial (C /LI). The property is located at the western terminus of South l26t Street and between Tukwila International Boulevard and 34th Avenue South. This property is part of the Department of Homeland Security property currently under construction at Intergate East. Tax lot number 7340600602. COMPREHENSIVE PLAN DESIGNATION: LDR ZONE DESIGNATION: LDR SEPA DETERMINATION:DNS was issued April 22, 2004. STAFF: ATTACHMENTS: Minnie Dhaliwal A through D were included with the staff report prepared for March 25, 2004 briefing. E. Comprehensive Plan Map along with the different rezone options F. Approved site plan for the Department of Homeland Security facility. G. Written comments received after public notification. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Staff report, File Number L03 -078 Background The Planning Commission was briefed on this request on March 25, 2004. Since that briefing the notice of application and public hearing was distributed to property owners and residents within 500 feet of the area and it was published in the Seattle Times. Several written comments were received. See attachment G. The staff report prepared for the March 25, 2004 briefing included the description of the proposed changes. Since the briefing staff has had further discussions with the applicant, who has informed us that they do not plan on adding twenty parking stalls at this time. They may propose to do so at some future time when the vegetation is mature enough to provide an adequate buffer to the adjoining residential areas. REVIEW CRITERIA 1) Is the issue adequately addressed in the Comprehensive Plan? The staff report prepared for March 25, 2004, briefing included the list of existing Comprehensive Plan policies for the Tukwila International Boulevard and the residential neighborhoods. When evaluating the Comprehensive Plan designation for this property, the overall policies for this area and the recent development of the adjoining properties has to be taken into account. Also, any impacts to the adjoining residential areas and protective measures to limit the impacts have to be taken into account. The subject site has three multiple zoning designations and the Department of Homeland Security immigration facility is under construction on this site. The impacts of rezoning the LDR portion of the site to the adjoining residential area will be minimal as no access from the subject site to 34th Avenue South is proposed and no changes are proposed to the landscape buffer along the retaining wall that was approved as part of the Immigration Services building. If the portion of the subject site is rezoned to either C /LI or MIC/L, it can be stated that there are existing Comprehensive Plan policies and development standards such as additional setbacks and landscape buffers to protect the residential areas from the impacts of the adjoining commercial/industrial areas. 2) If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? Although the applicant is requesting this re- designation in order to use this lot for parking, there is a more general public need to evaluate the designation since the subject property was consolidated over time and has multiple zoning designations of MIC /L, C /LI and LDR. Therefore, there is a public need to take a comprehensive look at the area and establish a comprehensive plan designation 2 Staff report, File Number L03 -078 that best addresses the development potential of the site while not creating any adverse impacts on the adjoining residential areas. 3) Is the proposed change the best means for meeting the identified public need? Some potential options that were considered as part of this request are: 1. Change LDR portion to C/LI. 2. Change LDR portion to C/LI and change C /LI (north of S. 126TH St) to MIC/L. 3. Change all of C /LI & LDR to MIC /L. This would create MIC /L zoning for the entire lot. The following table analyzes the applicable standards relative to each option: 3 Option 1- Change Comprehensive Plan designation and Zoning of LDR portion to C/LI. Option 2- Change C/LI (north of S 126th St.) to MIC/L in addition to changing LDR to C/LI. Option 3- Change all of C/LI & LDR to MIC/L. This would create MIC/L zoning for the entire lot. Uses allowed This would allow a number of commercial and light industrial uses in the portion currently zoned LDR. It would allow the applicant to add 20 parking stalls. This would allow a number of commercial and light industrial uses in the portion currently zoned LDR. It would allow the applicant to add 20 parking stalls. This would allow most of the uses allowed under option 2. In addition manufacturing, processing, assembling previously prepared metals including stamping, dyeing, shearing etc is listed as a permitted use where as it is conditional use in C/LI. Also, fermenting/distilling are listed as permitted use. However office use is listed as a permitted use in C/LI. Under MIC/L, offices up to 20,000 -sq. ft. are permitted outright and over 20,000 -sq. ft. are a conditional use. It would allow the applicant to add 20 parking stalls. Setbacks: front, sides, rear Front -25', Second front (along 34th Ave S)- 15', Side and Rear(along south property line) -1sT flr -15', 2nd fk- 20',3`d flr -30' Front -25', Second front (along 34th Ave S)- 15', Side and Rear(along south property line) -1ST flr -15', 2nd flr- 20',3`d flr -30' Front -25', Second front (along 34th Ave S)- 15', Side and Rear(along south property line) -1ST fir -15', 2nd flr- 20',3`d flr -30' Landscape buffer: 15'(along 34th Avenue S & along south property line). 15'(along 34th Avenue S & along south property line) 15' (along 34"' Avenue S & along south property line) 3 Staff report, File Number L03 -078 Process Office is a permitted use. Office is a permitted use. Office over 20,000 -sq. ft. Design review for new Design review for new is a conditional use. developments within 300 developments within 300 Administrative Design feet of residential districts. feet of residential districts. review for new Commercial structures Commercial structures developments within between 1,500 to 10,000 between 1,500 to 10,000 300 feet of residential are reviewed are reviewed districts. Any major administratively. Any administratively. Any redevelopment of the major redevelopment of major redevelopment of subject site will be subject the subject site will be the subject site will be to public review process subject to public review subject to public review since it will be considered process since it will be process since it will be a modification of the considered a modification considered a modification Conditional Use permit of the Conditional Use of the Conditional Use and Design Review permit and Design Review permit and Design Review approval for the approval for the approval for the Immigration Services Immigration Services building. Immigration Services building. building. Noise impacts If the source property is If the source property is If the source property is zoned commercial and the zoned commercial and the zoned commercial and the receiving property is receiving property is receiving property is residential, the maximum residential, the maximum residential, the maximum sound level is 57 dB(A). If sound level is 57 dB(A). If sound level is 57 dB(A). If the source property is the source property is the source property is zoned industrial and the zoned industrial and the zoned industrial and the receiving property is receiving property is receiving property is residential, the maximum residential, the maximum residential, the maximum sound level is 60 dB(A). sound level is 60 dB(A). sound level is 60 dB(A). Additional noise Additional noise Additional noise mitigation measures can mitigation measures can mitigation measures can be required as part of the be required as part of the be required as part of the modification of the modification of the modification of the conditional use permit conditional use permit conditional use permit process. process. process. If the subject property were to be developed separately from the DHS facility, it will need to go through a short plat process as it has been consolidated into one lot. Issues and concerns like access to 34th Avenue South and any associated impacts to the adjoining residential areas will be addressed during the short plat process. Any changes to the landscape buffer will have to be approved by the Planning Commission. Therefore, it can be stated that there are existing regulations that will limit the impacts to the residential areas regardless of the Comprehensive Plan designation. Further the setbacks, landscape buffer requirements and noise regulations are same for options 1, 2 and 3. The only difference is that there are some more intensive uses allowed under option 3. For instance manufacturing, processing, assembling previously prepared metals including stamping, dyeing, shearing etc is listed as a 4 Staff report, File Number L03 -078 permitted use in MIC/L (option 3) where as it is conditional use in C/LI (option 1 &2). Also, fermenting/distilling is listed as permitted use in MIC /L (option 3). However office use is listed as a permitted use in C /LI (option 1 &2). Under MIC /L, offices up to 20,000 -sq. ft. are permitted outright and over 20,000 -sq. ft. are a conditional use. Since the subject property has been developed with an office building, it is likely to be used for an office use in the future. And since office use is a conditional use in MIC/L zone, any major modifications will be subject to public review process. Thus it can be stated that from the review process stand point it is more appropriate to rezone it to MIC/L as any impacts of an office use will be addressed as part of the conditional use process. The maximum permissible sound levels if source and receiving properties are zoned residential is 55 dB(A). If the source property is zoned industrial and the receiving property is residential, the maximum sound level is 60 dB(A). However additional noise mitigation measures can be required, as part of the modification of the conditional use permit process if it is determined that there are adverse noise impacts. 4) Will the proposed change result in a net benefit to the community? It is a net benefit to the community to take a comprehensive look at the area while taking into account the development potential of the site and addressing any impacts to the adjoining residential areas. Designating the entire property MIC/L will eliminate the three split zoning designations for the subject property. No changes such as access to 34` Avenue South or reduction of the existing landscaping buffer is proposed. Any substantial redevelopment of the property including addition of 20 parking stalls will be subject to public review process for the modification of the Design Review and Conditional Use permit for the DHS facility. Any adverse impacts to the adjoining residential areas will be addressed as part of the development proposal application and appropriate mitigation measures will be required as part of that process. CONCLUSIONS Written comments were received from Greg Sherlock and Mike Tazelaar. Also, the city received a petition signed by 13 families opposing the proposal and requesting that city make no changes in any form to the current zoning. (See Attachment G) The letter by Greg Sherlock has raised concerns about the parking lot impacts such as increased auto noise, auto emission and removal of planned green space. Applicant has stated that they are not planning on adding any additional parking stalls until the landscaping is mature to provide adequate buffering. Also, the letter by Greg Sherlock has stated that by rezoning, the occupants of the building can alter, reconstruct or make improvements that would not require Design Review and that some type of structures could be built that will not be subject to comments of the 5 Staff report, File Number L03 -078 concerned citizens e.g. emergency power generator. Any major modification of the site will be subject to the public review process as a modification of the Design Review and Conditional Use permit approved for the DHS facility. The letter by Mieke Tazelaar states that the parking lot would expose her house not only to the highway but also to the people who would park their cars in the area. The letter also expresses concerns with the landscaping particularly that it may take years to grow. Also, the letter states that the retaining wall approved as part of DHS facility, which is across the street from her house, is unpleasant. Since the original submittal the applicant has informed us that no additional parking stalls are proposed at this time. They may plan on adding parking when the landscaping is mature enough to provide an adequate buffer. It is in the City's best interest to establish a Comprehensive Plan designation that takes into account the recent changes in the area while addressing any impacts to the adjoining residential areas. There have been significant development changes in the area, primarily development of the DHS facility. Since the overall lot that was consolidated over time it has split zoning of MIC/L, C/LI and LDR. The applicant's proposal to rezone the LDR portion of the lot to C/LI does not include any changes to 34th Avenue South or to the landscape buffer along the residential properties. The applicant has proposed that additional parking will be added only at a later time when the landscaping is mature enough to provide adequate buffer. The proposal to add additional parking or any other major modification will be subject to public review since it will be an amendment of the Conditional Use permit, which was approved last year for the DHS facility. Any adverse impacts to the adjoining residential areas will be addressed and mitigated as part of that public review process. The setback, landscape buffer requirements and noise regulations are same for options 1, 2 and 3. The only difference is that some more intensive uses may be permitted if it was zoned MIC/L. However office use over 20,000 square feet is a Conditional Use subject to public review process in MIC/L and it is permitted outright in C/LI zone without a public hearing. Since the subject site has been developed for an office building, it is likely to be used for an office use. RECOMMENDATION Staff recommends designating the entire parcel MIC/L. 6 N zo O T R S Qc" u4err 0 a) vCt 9J2 -210 (\f• (17 !� MJD 38 J O Co o D '^0 N 7 8 /60 700 J7[ Ii 10 PCL1, "D" 12 220 ,1 J1 .16V7 r77 16 15 J6 0.30 6C 14 901 36 6 :9 +s d LDR , o 4-s 3 ` 1 MNZ 12 .ro =500'5 26 7 --- ---- --- ---- BO- - -- - -- - 25 ------ ------------- -"0 - 8 - 20 0 U 10 JO S 125TH ST 00 ,0 Z. 12 0 AL�,S7 00 15 '0 50 MJD 37 10 S0 16 _ 10 `713215+ 15.37 6C 2 J -r '0 '20 DVC 3 11 70 72.2 17i( a ,t-- 62,s 5255;s ?C9 4 JO 10 =_ 9 :egoc +a 0 0 C S 126TH ST JO 12`_00 +s :27 :5355 +s 5250 - 5670 +s 70 Some potential options that are being considered: 1. Change LDR to C /LI. 2. Change LDR to C /LI and change C /LI(north of S.1261h St.) to MIC /L. 3 Change all of C /LI & LDR to MIC /L. This would create MIC /L zoning for the entire lot. 5-30,5 1070 5 117J.30 40 Attachment E ARTI.I eV C NE1/4 OF THE SE1/4 AND SE1/4 OF THE SE1/4 OF SECTION 9. AND GOV'T LOT 15 AND SW1 /4 OF THE SW1 /4 OF SECTION 10, T23N, R4E, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON Az s N01'46'02i 376.00' — I- 901'46'02'E 407.17 N01'46'orE . ' 1 1� I 613.65' • (51511N0 BLOC 21 -04 1 35T1.1 AVENUE 1 I I I i I I I I I I I I I I I I I _1 — I— L_1 —I -1_ SOUTH . r - -� N01'46'02'E 74000' -{ ZM_i20.99.10N N01•46•02'0 E1051ING BLDG 21 -05 N0746•02.8 247.71• \ 73.76' — — 11r 60V489.96' '02'E 367.67 LOFT 08, �1L 66' liTM "TTUT` P I I I I I L E%1511NG BLDG 21 -03 34Th AVENUE SOUTH N01'48'02'E 244.07 -+� EXIIMMUMEE NO1'46'02'E 562.98' 43306' O 97.109 28'201 L -01 N0U33S 6 90101 - - - - -, BASS or BEARING \r N01'16'02'E .'580.05' (M) }82 M\'39 40'5 111 ., • i .L0.6$.90 -p _.007)91 �2.9 ,11'921.1 M 6l '9SON 7r�� ()L� N0.135.27'E ,20.50' a -N:T., Y L- 14 474.20' 4 R- 1061.00 L- 302.00 o"8 'TUKWILA INTSVATIONAL BLVD. SR-99 (P.SH• NO.9 '01111 -1-yl! ll\ �; �JUjli l lw` 111..2 11` 1 11 - .111y • S / 2011111G DESIGNATONS LDR - LOW MISTY RESDENIIAL C/LI - C0401ERCIAL LIGHT INDUSTRIAL 19C/L-- MANUFACTURING INO051RIAL CENTER/LIGHT INDUSTRIAL MIC/H - MANUFACTURING NOUSR9AL CENTER/HEAVY INDUSTRIAL - — — -- - 2011ING UNE CO NORTH 0 50 100 200 SCALE: 1' - 100'- ATTACHMENT F ZONING EXHIBIT MAP w Z Z < 0 J N CL .W > c Z < = Z W IX w a� O Z U2 z 0 0 z_ a 0 I- Z 0 0 cU 00 0 z Ui I}J �.Y F LL 0 0 REVISIONS: • APPD. DATE: MAY 3, 2004 DESIGN: DRAWN: CHECKED: REVISION NUMBER: SCALE: 1' - 100' PROJECT NUMBER: DASC0000 -0025 • DRAWING FILE: DOsc0025ss041AWq . SHEET NO. OP 1 Greg Sherlock 12435 Tukwila International Blvd. Tukwila, WA 98168 April 14, 2004 Ms. Minnie Dhaliwal City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 -2544 Re: Your File Number: L03 -078 & E04 -004 Applicant: David Evans & Associates for the Sabey Corporation Ms. Dhaliwal, it DES n41W('Nrrr This letter is to follow up our meeting on April 5, 2004 in which we discussed the Sabey Corporation's proposal to modify the zoning designation from Low Density Residential (LDR) to Commercial /Light industrial (C /LI). As you are aware, I am opposed to this modification for the following reasons: First, if zoning changes are made, you informed me that an additional 20 stall parking lot would be built. With the close proximately to existing LDR zoning and single family residences, the parking lot would create a number of unwanted and offensive problems such as: increased auto noise, increased 'auto emissions that would be noticeable at the adjacent LDR areas, and the removal of a planned green space area and that would make the area less attractive. As City records show, I have testified in front of the Planning Commission about the lack of and the small size of the evergreen trees that are going to be planted at the Sabey Corporation site. In response to this complaint the City has said that the lack of evergreen foliage is due to security concerns. Therefore due to these alleged security concerns I can only assume that this parking lot within the changed zone will be open, visible and in terms of evergreen shading clearly viewable from adjacent property areas. When considering this parking lot's location along with the large and drab cement retaining wall that the Applicant installed along 34th Avenue South, this landscape is unacceptable for the surrounding LDR residential neighborhood. Second, I am greatly concerned and opposed to the zoning changes proposed by the Applicant as well as those by the City. By changing the zoning in this area it will allow the occupants of the site to alter, reconstruct, or make improvements to the building that would not require Design Reviews (please see and compare TMC 18.10 -055, 18.30.070, & 18.36 -080). Further, some types of structures could be built in the future that will not be subject to the comments of concerned citizens and of the neighborhood. As you know, I live next to the Sabey Corporation's emergency power generator building and I certainly would not want to see the zoning changed and possibly force other neighbors to live with something similar. Lastly, please take careful note and atteption to how zoning would affect Basic Development Standards as laid out in TMC 18.10 -060, 18.30.080, and 18.36.080. Again, with the close proximately to residential neighborhoods, changing the zoning will create unwanted and unnecessary problems. Cordially reg Sherlock cc: Ms. Mieke Tazelaar Ms. Gina Nielsen Mr. Robert Barnhardt Mr. Steve Mullet, Mayor City of Tukwila Attachment G City of Tukwila Steven M. Mullet, Mayor Department of Community Development MEETING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: COMPREHENSIVE PLAN DESIGNATION: ZONE DESIGNATION: STAFF: ATTACHMENTS: STAFF REPORT TO THE CITY COUNCIL March 15, 2004 Steve Lancaster, Director Notice was published in the Seattle Times on February 13, 2004. L03 -078 David Evans & Associates for Sabey Corporation. Comprehensive Plan amendment from Low Density Residential (LDR) to Commercial/Light Industrial (C/LI). The property is located at the western terminus of South 126th Street and between Tukwila International Boulevard and 34th Avenue South. This property is part of the Department of Homeland Security property currently under construction at Intergate East. Tax lot number 7340600602. LDR LDR Minnie Dhaliwal A. Comprehensive Plan Amendment Application B. Comprehensive Plan Map C. Boundary Line Adjustment D. Approved site plan for the Department of Homeland Security facility. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 city of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEETING DATE: PUBLIC HEARING: NOTIFICATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: COMPREHENSIVE PLAN DESIGNATION: ZONE DESIGNATION: STAFF REPORT TO THE PLANNING COMMISSION March 15, 2004. May 20, 2004 (Expected) Notice of public meeting pertaining to the City Council threshold determination was published in the Seattle Times on February 13, 2004. Notice of application will be mailed and posted on March 26, 2004. Public Hearing will be scheduled in May and notice of public hearing will be mailed, posted and published on May 6, 2004. L03 -078 David Evans & Associates for Sabey Corporation. Comprehensive Plan amendment from Low Density Residential (LDR) to Commercial/Light Industrial (C /LI). The property is located at the western terminus of South 126` Street and between Tukwila International Boulevard and 34th Avenue South. This property is part of the Department of Homeland Security property currently under construction at Intergate East. Tax lot number 7340600602. LDR LDR SEPA DETERMINATION: No SEPA determination made at this time. STAFF: Minnie Dhaliwal ATTACHMENTS: A. Comprehensive Plan Amendment Application B. Comprehensive Plan Map C. Boundary Line Adjustment D. Approved site plan for the Department of Homeland Security facility. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Staff report, File Number L03 -078 FINDINGS Project Description The applicant proposes to amend the Comprehensive Plan and Zoning designations from LDR to C/LI at the property located at the western terminus of South 126`'' Street just east of the Tukwila International Boulevard and abutting the western edge of 34th Avenue South. On March 15, 2003, the City Council voted to pass this Comprehensive Plan amendment request to the Planning Commission for further review. Background and Site Information The affected property is part of the approved development plan of the Department of Homeland Security (DHS) regional immigration services facility. At the time of the Conditional Use permit and the Design Review approval of that facility, the subject lot was proposed to be used only for access purposes due to the underlying LDR zoning, which does not allow parking. Applicant is proposing to change the Comprehensive Plan designation from LDR to C/LI in order to use the lot for about 20 additional parking stalls. As part of the DHS facility development, a boundary line adjustment was recorded on March 27, 2003 (See attachment C), that combined the subject property and the lot immediately west of it (zoned C/LI) with the larger lot to the north (majority of which is zoned MIC/L and a small part in the SW corner as C/LI). A lot consolidation, related to the larger lot to the north, was also recorded in 1989, which resulted in this split zoning of C/LI and MIC/L (See attachment B). Applicant has not requested any changes to the Comprehensive Plan designation for this small C/LI portion. Surrounding Uses Existing land uses to the north include a new Department of Homeland Security regional immigration facility and to the northeast several large -scale offices and industrial complexes. Existing land uses to the south and east are single family residential. 2 Staff report, File Number L03 -078 REVIEW CRITERIA 1) Is the issue adequately addressed in the Comprehensive Plan? The Comprehensive Plan's major objectives that are relevant to this request are: "To improve and sustain residential neighborhood quality and livability." "To redevelop and reinvigorate the Pacific Highway corridor." The Comprehensive Plan's goals that are relevant to this request are: Residential Neighborhood Goal 7.2 states, "Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors." Residential Neighborhood Goal 7.3 states, "A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses." Pacific Highway Corridor Goal 8.2 calls for " A corridor that is an attractive, safe, and profitable place to live, do business, shop, and work, and is a positive reflection of the City as a whole and of the surrounding residential and business community." Pacific Highway Corridor Goal 8.2.13 states, " Maintain the predominantly residential use and character between South 128th Street and South 137th Street (if extended), with appropriate zoning and a significant component of vegetated hillside; allow a limited amount of neighborhood- oriented retail activity in residential projects that front on Highway 99." Manufacturing Industrial Center Goal 11.1.6 states, "Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment." As stated above there are Comprehensive Plan policies for the Tukwila International Boulevard and the residential neighborhoods. When evaluating the Comprehensive Plan designation for this property, the overall policies for this area and the recent development of the adjoining properties will need to be taken into account. Also, any impacts to the adjoining residential areas and protective measures to limit the impacts such as no access from the subject site to 34th Avenue South and sufficient landscape buffer will need to be taken into account. 3 Staff report, File Number L03 -078 2) If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? The applicant has proposed to change the Comprehensive Plan designation from LDR to C/LI due to the recent changes that have occurred in the area, primarily construction of the DHS facility to the north. As part of that development, the subject lot will be used for an access driveway and a substantial landscape buffer will be provided from the adjoining residential areas. At this time the applicant is proposing to keep the landscape buffer and provide 20 parking stalls in the remainder of the lot. No access is proposed to 34th Ave South, which is primarily a residential access street. Although the applicant is requesting this re- designation in order to use this lot for parking, there is a more general public need to evaluate the designation since the subject property was consolidated over time and has multiple zoning designations of MIC/L, C/LI and LDR. Therefore, there is a public need to take a comprehensive look at the area and establish a comprehensive plan designation that best addresses the development potential of the site while not creating any adverse impacts on the adjoining residential areas. 3) Is the proposed change the best means for meeting the identified public need? The proposed change from LDR to C /LI will allow the applicant to add 20 parking stalls. At the same time the landscaping buffer that was required, as part of the overall development will be maintained to minimize any adverse impacts to the adjoining residential areas. Also, no access will be provided to the subject lot from 34th Avenue South. Therefore, the proposed change appears to meet the identified public need. Another option is to change the Comprehensive Plan and Zoning designation for the entire lot to MIC/L from the current designations of MIC/L, C/LI and LDR instead of retaining the split zoning of MIC/L and C /LI as per the applicant's request. All issues and impacts associated with this option will need to be evaluated. If the subject property were to be developed separately from the DHS facility, it will need to go through a short plat process as it has been consolidated into one lot. Issues and concerns like access to 34th Avenue South and any associated impacts to the adjoining residential areas will be addressed during the short plat process. Any changes to the landscape buffer will have to be approved by the Planning Commission. Therefore, it can be stated that there are existing regulations that will limit the impacts to the residential areas regardless of the Comprehensive Plan designation. 4 Staff report, File Number L03 -078 4) Will the proposed change result in a net benefit to the community? It is a net benefit to the community to take a comprehensive look at the area while taking into account the development potential of the site and addressing any impacts to the adjoining residential areas. Designating the property C/LI will provide more flexibility to the property owner and allow the lot to be used for parking. Designating the property MIC/L will provide that same flexibility. With both these options, a substantial landscaping buffer will be maintained to reduce any adverse impacts to the adjoining residential areas. CONCLUSIONS The overall lot that was consolidated over time has split zoning of MIC/L, C/LI and LDR. The applicant has requested to change the Comprehensive Plan designation of the LDR portion of the lot to C /LI. There have been significant development changes in the area, primarily development of the DHS facility. It is in the City's best interest to establish a Comprehensive Plan designation that takes into account the recent changes in the area while addressing any impacts to the adjoining residential areas. Also, it may be prudent to consider the issues with changing the designation of a small portion of the lot, which was consolidated, with the larger lot in 1989, from C/LI to MIC/L. Another option that will need to be considered is changing the designation for the entire lot to MIC/L. RECOMMENDATION The SEPA determination for the Comprehensive Plan amendments has not been made at this time due to the range of amendments to be considered. After the SEPA review is complete and all the different policy options and issues for this request are evaluated, the staff will prepare a recommendation and will provide it to the Planning Commission for the May 20, 2004 hearing. Alternatives for Action After holding its hearing, the Planning Commission could: • Recommend approval • Modify the proposal • Recommend denial After the Planning Commission review, the proposal will return to the City Council for a public hearing and decision as part of the 2004 Comprehensive Plan update. 5 , CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98/88 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tulcplan@cltukwilawa.us ATTACHMENT A COMPREHENSIVE PLAN /ZONING CODE AMENDMENTS APPLICATION NAME OF PROJECT/DEVELOPMENT: / 5ii 1 t? y Co �ov-A (Ol�l ^ G' /L I P/ � � l�i��7l��17evls�v -� �0 AwlevtIMv1eit and j'ewi- LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS. 8e weevi To 44/A. /ki kvna tivvia / /efa atl4,( Aveolie� qtr fh rAK L-074 4i- 7 31-0006.19, Quarter: 51,4/ Section: /Q Township:3 /VRange: 4g. (This information may be found on your tax statement.) DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. / 1� Name: 4116 �2 i' / t-kcokl. apt," 7Gjl/ /Gf 4)15 45 SOC /Gf 7 '$ Address: / / , 0 . .- f t e- " UJ . L' . 00 Phone: . - �02 "" �. FAX: 025-- p95 5 3v Date: /i GAAPPHAN\LANDUSE .APP \COhyAPP.doc, 06 /28/00 FOR STAFF USE ONLY Sierra Type: P- CPA/P -ZCA Planner: File Number: L v - 0,-)g RFCc Application Complete (Date: ) Project File Number: E� I�v�- 11�Z- VE► Application Incomplete (Date: ) Other File Numbers: 0TZC 3 4 4 NAME OF PROJECT/DEVELOPMENT: / 5ii 1 t? y Co �ov-A (Ol�l ^ G' /L I P/ � � l�i��7l��17evls�v -� �0 AwlevtIMv1eit and j'ewi- LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS. 8e weevi To 44/A. /ki kvna tivvia / /efa atl4,( Aveolie� qtr fh rAK L-074 4i- 7 31-0006.19, Quarter: 51,4/ Section: /Q Township:3 /VRange: 4g. (This information may be found on your tax statement.) DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. / 1� Name: 4116 �2 i' / t-kcokl. apt," 7Gjl/ /Gf 4)15 45 SOC /Gf 7 '$ Address: / / , 0 . .- f t e- " UJ . L' . 00 Phone: . - �02 "" �. FAX: 025-- p95 5 3v Date: /i GAAPPHAN\LANDUSE .APP \COhyAPP.doc, 06 /28/00 A. COMPREHENSIVE PLAN DESIGNATION: Existing: LOA — LOW Devi / / IC /� e.5 e vt 7i� ( Proposed: C /L/ 0 1 CYll� (� Cl / yf1 f /1/11a5/1/1 ( B. ZONING DESIGNATION: Existing: / Dk Ll c ' , encir7 / • et/i/ �t Proposed: G /t/ 014eKLI4 7— L/ / �f./s71V14/ liI / C. LAND USE(S): Existing: -rev, a G el S /(> Proposed: Terrace 54e...- 4'0 �0 Pi/4 /4 y ›peVeS (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. Li I/e/W /avfe 5.6d/ R KI milus /v/4 ( pave cow /emss., 2 ' 'i e !( (�m of 1� / hJ i'ef/oh41 i%I�YI /r /, 7 /. fraca f//es a /(1, Ul/7' /GC/ ('CST side) . f t/ia( slr�� of Zia/11414N5J ,), 4i57/11/1 /afra uses �� h e a 0 dl 5-74 are jat sl ri, /e -f %/y Ke Ie4f /a/ G:\ APPHAN\LANDUSE.APP \COMPAPP.doc, 06/26/00 • • SABEY CORPORATION — TUKWILA INTERNATIONAL BLVD. PROPERTY PROPOSED C /LI COMPREHENSIVE PLAN AMENDMENT AND REZONE Response to Comprehensive Plan and Zoning Amendment Criteria Description of the Proposal The proposed comprehensive plan amendment and implementing rezone would change the current Comprehensive Plan map designation and zoning of .78 acres of property controlled by the Sabey Corporation', from LDR -Low Density Residential to C /LI- Commercial Light Industrial. The purpose of this application is to create improved zoning /actual use consistency for this tract of land in conjunction with its current and proposed expanded role in supporting the commercial use of the adjoining portion of the applicant's property. The proposed rezone area will soon be used to provide a stabilized slope in support of an access driveway connection between the main parking areas that are part of the adjacent, soon to be completed Department of Homeland Security regional immigration services facility. The proposed rezone will allow this site to also provide additional parking to support this new facility. The subject property is located at the western terminus of South 126th Street just east of Tukwila International Boulevard and it abuts the western edge of 34th Avenue South. A. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.050) 1. Six specific policies and provisions of the Comprehensive Plan address and support the request for this comprehensive map change and implementing rezone. These supportive Plan policies and provisions include: Plan Objective 2., Page 3 — "To redevelop and reinvigorate the Pacific Highway Corridor ". The proposal will support the development of an attractive, regional -scale governmental facility. The improved site will be well landscaped. In this way it will assist in upgrading the visual appearance and economic vitality of this vital transportation corridor. Plan Implementation, Page 6 — "In addition, drafters of the Comprehensive Plan recognize that a successful Plan is one that can respond to changed conditions (underline emphasis added). As long -term changes in land uses, regional trends or the economic climate occur, implementation of the community's vision may require reassessment. The Comprehensive Plan contains the policy wording • International Gateway East III LLC, a subsidiary of Sabey Corporation, owns the proposed rezone area. 1 which provides for monitoring, evaluating, and amending the plan as community needs change." The set of changed conditions that support this proposal include the major transportation improvements being planned for Tukwila International Boulevard. Work is already underway on the first major phase of this roadway project a short distance to the south. The proposal is located within the center portion of the planned second phase of improvements which are now in the design phase and have the potential to be under construction in early 2005. A second major changed condition involves the significant land use changes along Tukwila International Boulevard to the north that have occurred in the last few years. These changes include the construction of several very large - scale, nearby industrial /commercial complexes. This changed condition has created the need and opportunity for this proposal to serve as a more effective, permanent use and physical buffer between these more intense uses and the adjoining low density residential areas. Finally, the subject property both adjoins and is part of dramatically changed site conditions involving the major site improvements and infrastructure upgrades provided by the applicant for construction of the new Homeland Security regional facility. This has created the opportunity for this proposal to support this new use. This can be done without creating any significant adverse impacts on the surrounding community or on City services. Transportation Corridors, Policy 1.8.8, Page 25 — "Encourage facilities and improvements that support transit use in new development, redevelopment, and street projects." As previously explained the proposed rezone area will be used to support the new Homeland Security regional facility that will have desired transit - oriented development density. This facility will also provide safe and convenient access to the new pedestrian and transit improvements planned as part of the planned upgrade to this portion of Tukwila International Boulevard. By its support of the new Homeland Security facility, this proposal will assist the City and the region's transportation and transit agencies in maximizing the use of these new major new investments in transit supportive improvements in this regional roadway. Noise Abatement, Policy 7.2.1, Page 75 — "Prevent community and environmental degradation by limiting noise levels." The proposal will assist in reducing, or at least in slowing the continuing increases in noise impacts on the adjoining single residential areas that are being created by steadily increasing traffic volumes on abutting portions of Tukwila International Boulevard. The proposal will assist with this noise mitigation by the fact that it will 2 • • • • • • include substantial additional landscaping and site terracing that will assist in dampening roadway noise impacting the low density residential areas located east of 34th Avenue South. Pacific Highway Corridor, Policy 8.2.16, Page 96 —Allow a diversity of uses along the corridor, including residential, retail, service, light manufacturing, office, and recreational and community facilities." The requested Comprehensive Plan map change and rezone will clearly allow the proposed development to assist in implementing this policy. Also as noted in this section of the Plan on page 88, "There are often abrupt transitions between uses along the highway and the adjacent residential neighborhoods" and on page 89 of this section, "The appearance of the road itself, coupled with its continuing use as a major arterial, attracts many lower- quality and marginal activities, and some structures show signs of poor maintenance and disinvestment ". The corridor has the highest crime and pedestrian fatality rates in the City. It was identified as the highest priority for City action during the Vision Tukwila process, and design and improvement decisions are being made as this Plan develops. As previously noted, the proposal involves granting the subject property the proper zoning to allow it to play a larger role in supporting the development of a high quality regional governmental facility that will be a significant visual and economic asset to the Pacific Highway Corridor and the City as a whole. The subject property will also be extensively landscaped and terraced. This will provide a more attractive visual screen/buffer between the low density residential areas to the east and the more intensively developed areas located immediately adjacent to Tukwila International Boulevard. Manufacturing /Industrial Center, Policy 11.1.6, Page 128 — "Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment." As already explained in the preceding responses, the proposal will provide a needed and effective zoning transition and buffer between the more intensive and larger scale industrial /commercial uses in the designated Manufacturing /Industrial Center (MIC) to the north, and the extensive single family residential designated areas to the south and east. The southern and eastern boundaries of the proposal will function as more permanent and effective zoning boundaries because they are based on easily recognizable physical features instead of property lines. These physical features include the new terraced retaining wall system on the south and east edges of the subject property and the 34th Avenue South roadway to the east. 3 The proposed boundaries also satisfy several important and widely accepted zoning boundary delineation criteria. One of these criteria is "the elimination of zoning boundaries that divide property under the same ownership that can be utilized for the same or compatible supporting uses." Zoning this tract of land, from LDR to C /LS would satisfy this criterion. It would also optimally satisfy the "logical extension of an existing zone to similarly situated property" criterion. The "use of more permanent and recognizable physical features for establishing zoning boundaries" criterion would be fully satisfied as explained in the previous portion of this response. The proposal also satisfies an important highway commercial zoning criterion relating to the need to "avoid creating shallow depth commercially zoned parcels that foster auto oriented strip commercial uses." This proposal would assist in satisfying that criterion by expanding the depth of the applicant's currently zoned adjoining C/LS property to allow it to be more efficiently utilized for a more desirable use. 2. The responses provided to Criterion 1. above that explain how the proposal is consistent with and will help to implement key provisions of the Comprehensive Plan, provide much of the justification for why this proposed amendment to the Plan map is the best means for meeting the identified public need. No other options are realistically feasible for addressing: (1) the discrepancy between the ownership /potential use of the subject property and its current zoning; and (2) the need to establish a better zoning transition and buffer between the MIC /L designated areas to the north and the adjoining residentially designated areas as called for by this policy. 3. The proposed Comprehensive Plan map change and rezone will result in a net benefit to the community for the following reasons: a) The proposed Plan map change and rezone will create a more logical and stable zoning transition boundary between the more intensive industrial /commercial areas to the north and the low density residential areas to the south and east; b) The proposed Plan map change and rezone are consistent with the major site improvements and new infrastructure installed by the applicant for the new Homeland Security facility. The proposal will also not create any potential. offsite impacts on nearby residential areas or the need for City infrastructure system upgrades; and c) The proposed Plan map and zone change would acknowledge the role of this improved tract of land in assisting in the improvement of the visual appearance and economic vitality of this important roadway corridor. 4 • • • B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18.80.010) 1. Please refer to the detailed description of the proposal provided at the beginning of this response narrative. The reasons for why this amendment is being requested are as follows: a) The applicant desires to eliminate the current split zoning of the Homeland Security facility site. This would be resolved by this request the subject property from LDR to C /LI. b) The applicant desires to obtain the long -term stability of having this area properly zoned to reflect its needed and logical role in serving as a zoning transition and buffer between the main portions of the new Homeland Security facility and: (1) the MIC /L designated areas to the north and northeast; and (2) the low density residential designated areas to the east. 2. The potential negative impacts created by this request and the geographic area affected should be very minimal for the following reasons: a) No major physical changes will result from Plan map redesignation and rezoning of the subject property from LDR to C /LI. This is because the additional modifications would only need to add approximately 20 parking spaces to this area which is already being modified with additional drainage and stabilized/terraced slopes to support the new Homeland Security regional immigration facility; b) No vehicle access to or from the subject property will occur from its eastern 34th Avenue South residential side and a substantial landscaped buffer will be provided to further protect nearby residences; 3. As explained in detail in the response to Section A. above, the proposed Plan map change and rezone are very consistent with the applicable policies and provisions of the Comprehensive Plan. No changes or additions to these policies or provisions are requested or necessary. However, the relevant changed conditions and community benefits of the proposal that have been presented, provide ample justification for this small area Plan map amendment and rezone request. 4. The proposed Plan map amendment and rezone complies with and promotes with the goals of the Growth Management Act (GMA) in the following manner: a) The proposal is consistent with and promotes the following goals of the GMA (1) Urban growth — it encourages "development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner" because it assists the new Homeland Security regional facility to take advantage of planned improvements to Tukwila International Boulevard and because the new facility has provided all needed infrastructure improvements; (3) Transportation — it assists the new Homeland Security regional facility take advantage of and support the multi -modal improvements being planned for Tukwila International Boulevard; (5) Economic development — the proposal will assist in the commercial /economic revitalization of this important section of the Pacific Highway Corridor, one of the City's top economic development priorities; and (12) Public facilities and services — as already noted in (1) above and in other sections of this response, the proposal will not require any significant additional City facilities or services, but instead will assist the new Homeland Security regional facility take efficient advantage of other new and planned public and private transportation and infrastructure investments "without decreasing current service levels below locally established minimums." b) The proposal will also assist the City in implementing the transportation element of its adopted GMA Comprehensive Plan by supporting various City transportation systems demand management strategies (36.70A.070(6)(b), as noted by the discussion under a) above and other sections of this response relating to its support of transit of pedestrian improvements being installed on this major transportation corridor. 5. The proposal complies with and assists in implementing the following applicable Countywide Planning Policy: IX. Economic Development — 4. Direct Governmental Actions: Land Supply, Infrastructure and Permitting ED -15 .... "Local policies and plans are encouraged to support the continued availability of land for those industrial and supporting or compatible activities dependent on critical infrastructure as identified in local comprehensive plans. Jurisdictions should consider zoning (underline emphasis added) or other means to provide opportunities for those uses in areas where infrastructure facilities can be utilized to exploit the economic benefit of that infrastructure." As noted in several of the previous responses, the proposal does not negatively impact infrastructure system capacity that is being used to support the applicant's construction of the new adjoining Department of Homeland Security regional immigration facility. In addition, the applicant is already in the process of completing several significant utility system extensions from these regional systems directly into this facility. 6. The proposal will not require any changes in functional plans. This is based on its previously explained lack of impact on existing City and regional infrastructure. This in turn is based on its support role to the new Homeland Security regional 6 facility, and the fact that it does not fall under the jursidiction of the City's shoreline plan. 7. For the same reasons stated in the previous response, no capital improvement will be needed to support the proposed change. It also will not have any significant negative impact on City capital facility plans. In fact, it will help the City make more cost effective use of currently adopted capital facility plans and upcoming project investments such as the planned improvements to adjacent portions of Tukwila International Boulevard. 8. No other changes to City codes, plans or regulations will be required to implement this proposed Comprehensive Plan map change and rezone. C. ZONING AMENDMENT CRITERIA (TMC 18.84.030) 1. The requested change in zoning from LDR to C /LI conforms to and assists in implementing six specifically applicable Comprehensive Land Use Policy Plan provisions. The manner in which the proposed change conforms to and assists in implementing these six plan provisions is described in detail in the previous response to criterion A. 1. Other ways in which the proposed zoning change conforms to the provisions of this title, and the public interest are described in the previous responses to criteria A. 2 and A. 3. a) The previously provided amendment criteria responses provide a strong set of mutually supportive reasons for why this requested small area Plan map change and rezone should be approved. These responses focus heavily on the unique site - specific ownership /use and physical characteristics of the subject property, on the quality of its development in support of the new Homeland Security regional facility and on the potential benefits to the community it will provide without the risk of any significant negative impacts. 2. The proposed change in zoning is supported by a complete site plan and landscape plan included with this application. As required, these plans show the proposed development and its relationship to surrounding areas as set forth in the application form. These plans also accurately depict how the proposed development addresses the Comprehensive Plan/Zoning Code Amendment Criteria in a manner consistent with and in support of these written responses as well in conformance to the City's applicable development regulations. 7 Du uwam►sh River I• :I VICINITY MAP NO SCALE • RECE,VED DEC 31 1003 co4;4a SABEY CORPORATION [ICI COMPREHENSIVE PLAN AMENDMENT AND REZONE • • • EXISTING ZONE M I C/L GAS PIPEU NE EASEMENT PER ATN 8103230520 TLOYANE AT THICKENED EDGE \ \ \ 1 \ N Z EXIST� NG ZONE \ s � /LI \ y pZ O I \ ''O --------- -1-- -= _, —1 - — - - EXISTING ZONE \ MDR \ \ I I 11 II II 34TH AVENUE SOUTH EXISTING ZONE LDR SOUTH 126TH STREET D NORTH O 15 30 60 LEGAL DESCRIPTION LOTS 1. 2 RIND 3 M BLOCK 12 DP RIVERTON ADCOC9. AS PER PLAT RECORDED IN VOLUME 13 OF PLATS. PAGE 36. RECORDS OF KING COUNTY AUDI SA. (ALSO BEING KNOW! AS LOT C OF BOUNDARY UNE ADJUSTMENT Na 69 -6 81A RECORDED UNDER KING COUNTY RECORDING 110. 8908161260 ALSO BEING KNO91 AS A P08 10N Of LOT 8. OTT O TUKNILA BOUNDARY UNE ADJUSTMENT N0. BLA L03 -034. RECORDED UNDER KING COUNTY Y COiOING Na 20030125900003.) SABEY CORPORATION BOUNDARY AND TOPOGRAPHIC SURVEY Z W J Q a. N > Z Z W Q W Z a w OZ UW U2 Q REVISIONS: APPD DATE: DECEMBER 20C DESIGN: DRAWN: CHECKED: REVISION NUMBER: SCALE: 1' =30' PROJECT NUMBER: DASC00000025 DRAWING FILE: SHEET NO. 3 OF 3 EXISTING ZONE MIC/L W I Z Z < 0 1 1 ! 1 1 1 J N © 2 . p a. w w ix > 0 SOUTH 126TH STREET NI C) FZ -I- I-I 15 30 60 ° Z < II W I- (7) Z 2 Z w w 0_ 0 RECEIVE w 2 2 Z O w I DEC 3 I MI 0 < 1 0 \ EXISTING ZONE \ C/LI EXISTING ZONE \ MDR \ 1 / j I / -4—EXISTING ZO q/LI-' A\ ■ 20' I -1 A EXISTING ZO LDR 068•413421/ I, 27734' „ - „-- I I Is 0 0) Lu - 3 1->1 <1 ii c") ; . EXISTING Z4-- LDR; J , 11 EXISTING ZONE LDR 140 ( DEVELOir'iviLNT 0 S 14. 14. SECTION A-A SCALE: II 030. ■■)RiZ. 1-.10 v..,71. a I REVISIONS: APPO DATE: DECEMBER 20C DESIGN: DRAWN: CHECKED: REVISION NUMBER: SCALE: 1-.30' PROJECT NUMBER: DASC00000025 DRAWING FILE: SHEET NO. OF 3 • • L 0 10 20' 40' ,!1!:11: 1111111111111111011111N LL AIL lIIIII NORTH SCALE 1'= 20'-0' 60' 11111111111111111;1111111 Landscape Schedule STM301. SCIENTIFIC NAtiE COtmaDN NAVE DECIDUOUS TREES Zelkova serrate 'Village Green' Saw /ea! Zelkova Corns kousa OR Kousa Dogwood Pyrus calleryana 'Aristocrat' Aristocrat Pear EVERGREEN TREES Pinup nigra OR Pins contorts LDV SI -IRU3S Austrian Black Pine Shore Pine Arbutus undo 'compacts' Cletus purpureus Cornus ma, Corny stolonlrera Kelsey' Cornus stolonirera 'ISant1' Cotoneaster lacteus Euonymus elate 'Compacts' Mahonla aquFolium Myrica callrornica Nandina d. 'Compacta' Prunus lusitanica Pieris 'Forest Flame' Spires nlpponica 'Snoumound' viburnum plicatum tomentosum Viburnum tins 'Spring Bouquet' viburnum davIdii GROLNDCOVERS Compact Strawberry Bush Rockrose Carnelian Clary Red Twig Dogwood Red rung Dogwood Parney Cotoneaster Burning Bush Oregon Grape Pacific Wax Myrtle Neaven /y Bamboo Portugal Laurel Forest Flame Pieris Snowmoutd Spires, Doubiefi /e Viburnum Spring Bouquet viburnum David Viburnum Rubus calycino ides Bramble -1 J 0 Y l';' E L "i fJ = v O v osheet 7 L. 11 _1 S .0 1 1 -1 J ATTACHMENT B GOV'T LOT 15 AND SW1 /4 OF THE SW'1 /4 OF SEC770N 10, T23N., R4E., W.M. KING COUNTY, WASHINGTON L�Z3DO 01�1� gLP 10221 I INGRESS & EGRESS EASEMENT PFN 20o 15' 0 WIDE E WATER NE EASEMENT 9 TO CITY OF TUKWILA REC. NO. 9203260786 AND AFN 20020708001551 1 �\ (1 NO1 46'02 "E N01'46'02 "E 613.65' 867.41' 4pN zok re O7022100 O.?% (VACATED PORTION OF 35TH AVENUE .SOUTH `J J 10' WIDE SEWER EASEMENT AFN 20020708001550 PROPOSED LOT 5 9.08 AC. EXISTING 3LDG 21 -05 op 00005 2\95 PG. NO1'46'02"E 562.98' )fi ZONE MIC/H :cTION 10 in r rn 0 z 0 INGRESS, EGRESS EASEMENT OVER THE ENTIRE VACATED PORTION OF 35TH AVENUE SOUTH PER REC. NO. 20020819000782 10' WIDE EASEMENT TO PUGET SOUND ENERGY FOR NATURAL GAS PIPELINE PURPOSES OVER A PORTION OF THE VACATED PORTION OF 35TH AVENUE SOUTH PER REC. NO. 20020819000781 129.92' ZONE MICA 0 z _o O N N 2.0 Z r co n O I coo p --I ---J o Z I J Cl Q I 0 0 co U NO1'46.02"El- --C21 -: > b) I 73.78' -- o v -I 0 .75 19.96' 00 NO146'02"E 3 s 35TH AVENUE N SOUTH O M NORTI- 1 0 50 100 Lb 7 30' 20 (0 I 1 0 CD Q CL NO1'46'02 "E 247.71' 367.67 PROPOSED LOT 8 6.91 AC. 17t; 200 00008 PN o05, Pc • N01.46'02 "E 2580.05' M - _ - N01'46'02 "E ( ) BASIS OF BEARING SECTION 9 / 229.45' 342.12' 571.57 HK � PA"wAY g78• M) N0752 � 569.86 "w SR-99 (P °. 14'3.1- N12 i o 0 o °o °o Z 0 221 1-. z I Iw W N a0 • -'wN 1-1" � WIzN 01 -wo M Vlaao 01 >Ia� COQ • I I�-�-- 46102 "E N01 'T7 Q7 OLD 11(3 I LINE^ I 120 201 SCALE: 1" = 100' 34TH AVENUE SOUTH NO147'05 "E 244.07' PARCEL "C" 89- 6-BLA AFN #8908161260 294.34 LQ9.07 OLD LINE O cci 0 N 0 z Attachment C PARCEL "8" 89 -6 -BLA AFN #8908161260 0.p0 v--1.30813 9" 433.76' (C) 433.9' (P) N12123 � LINE TABLE LINE BEARING DISTANCE L2 N89'18'50 "W 20.00' L3 N89'18'50 "W 29.86' L4 N8918'50 "W 50.02' L5 N01'46'02'E 10.00' L7 N86'04'33 "W 5.00' L10 N32•09'15 "W 26.64' RECEIVED CITY OF TUKWILA FEB 2 2003 PEPiv,li GENTE:IJ RECORD OF SURVEY / B.L.A. FOR 4ATICOAL GATEWAY EAST 409.06. 1,02•23.°3"11 LEGEND O = FOUND MONUMENT AS NOTED = FOUND SECTION CORNER AS NOTED 11104 = FOUND QUARTER SECTION CORNER AS NOTED (M) = MEASURED BEARING /DISTANCE (C) = BEARING /DISTANCE PER CALCULATIONS (P) = BEARING/DISTANCE PER RECORDED PLAT 0� ao on a:6m I N cc L,_ cn0- O0 °►- OCeQ�M^o zoo 0 Zm 1 w w0 '- WOO 0m w3= a: >a. AF # wz O U U• x. 0 M zz) 00; SHEET 3 OF 3 SURVEYED SCALE NORTH STREET site plan ATTACHMENT D ° ' Poxro A 126th 87/Vkl. City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director To: Tukwila City Council �\ From: Steve Lancaster, Department of Community Developmen , Subject: Comprehensive Plan Amendment Ordinances Date: November 16, 2004 Background: At your meeting on November 22, we will review, and finalize three ordinances that are attached with this memo. Our goal is adopting the ordinances on November 22. Under separate cover you will also receive these ordinances and attachments in 3 -hole punch version. Please insert them into your Ordinance Notebooks as noted. Please bring your Ordinance Notebooks to the meeting on November 22, 2004. We will use them to deliberate and adopt the ordinances. Please note that there is some duplication by putting the materials both in the agenda packet and giving them to you in a "notebook" format. However, for the benefit of the public we wanted to be sure that the ordinances and attachments were available in the agenda packet. Review of "changes" to draft ordinances: You have new copies of each ordinance. Ordinance #1 (Exhibit B: Sabey Concomitant Agreement has been revised to reflect the discussion on November 15, 2004. Ordinance #2 (Comprehensive Plan Amendments) has three revised attachments. Ordinance #3 (Emergency Amendments) had no changes and has been put in final form. Please place each ordinance into your Ordinance Notebooks, The ordinances and revisions are as follows: 1) Zoning change and Concomitant Agreement with the Sabey Company • We have made the following changes to Exhibit B— Concomitant Agreement Running with the Land to clarify intent: • Section 2. Condition a. The Concomitant Agreement has been revised to describe more fully the new landscaping which is to be added. • Exhibit 1. We have added more description of the trees that are required by the Agreement and a note explaining that the landscaping plan is what was approved as part of the Conditional Use permit and Design Review application for the • Department of Homeland Security building (File numbers L02- 055 and L02 -056) . 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 2) Comprehensive Plan policy amendments both relating to the Growth Management act and to the annual amendments; and • We have made revisions to the exhibits as noted in the November 15, 2004 meeting. Rather than recopying all the tabbed attachments, we have provided you with the specific pages with changes. Please insert these pages into your "Ordinance" notebooks as follows: • Tab B— Utilities Element, page 15 • Tab I— Tukwila South Element— Please insert the revised "Tukwila South Master Plan Boundary Area" map between pages three and four. • Tab M— Comprehensive Plan Map— Please insert map with revised Potential Annexation Area and revised Tukwila South Master Plan boundary area. 3) Tukwila Municipal Code Chapter 18.80 to permit Comprehensive Plan amendments in "emergency" situations. • There is no change to this ordinance. Please insert the new copy and recycle the earlier copy. Please bring your Ordinance notebook to the meeting on November 22. You will not need to bring your large Comprehensive Plan notebook to the meeting. Minnie Dhaliwal - Citizen Concern - Comp. Plan - Intergate (Sabey Corp) Development Agreement From: <GNielson @ci.bellevue.wa.us> To: <jpace @ci.tukwila.wa.us> Date: 11/10/04 3:20PM Subject: Citizen Concern - Comp. Plan - Intergate (Sabey Corp) Development Agreement Good Afternoon - Thank you for taking the time on 11/08 to explain the proposed agreement, presented to City Council, between Intergate East (Sabey Corp) and The City of Tukwila related to the applicant's request for rezone as part of the Comprehensive Plan Amendments. Having not previously seen this proposed agreement I have some concerns. Many of the same concerns were reitterated by City Council Members during their continued deliberations at the 11/08/04 Council Meeting. I respectfully request you take the following in to consideration when encorporating the Council's concerns in to the modified proposed agreement: 1) Increase the requirements for added landscape buffer along the length of 34th Avenue South. The community expressed a huge concern over the request for a change in zoning and use of the site for parking without plans for added, and substantial, landscape buffer between the site and surrounding residential use. While Sabey's 'revised landscape plan' attached to the proposed agreement does show some added landscaping at the South end of the site, NO ADDITIONAL LANDSCAPING WAS ADDED TO THE EAST ALONG 34TH AVENUE SOUTH. The immediately adjacent property on 34th Avenue (as well as on South 126th), owned by Robert Bernhardt, is zoned LDR. While Mr. Bernhardt's property currently has vegetation which provides minimal buffer for the community, it should not be the responsibility of the residents but rather the responsibility of the applicant (Sabey) to provide buffer between the imposing proposed parking lot use and ALL of the adjacent LDR zoning /use. Increased landscaping requirements, which provide substantial buffer to the community along all property perimeters, should be added as a detailed requirement and, likewise, depicted on the attached 'revised landscape plan' to the agreement. 2) Clarify the limitations on future development, beyond the proposed parking lot, as part of the Conditions. On 11/08/04 Council agreed that the intent of approving such an agreement is to provide for the rezone while limiting the applicant's ability to develop the site beyond any use other than the proposed parking lot use. The agreement, as it currently reads, does not clearly state such limitation. To avoid misinterpretation and to assure the Council's intent clearly carries forward with the land and in to the future, it is imperative that clear and concise verbiage be added to the agreement that restricts the current and future development of the site from anything other than the proposed parking lot. 3) Authorization regarding 'Binding' of the agreement, or changes thereto, should not be directly between the "Parties in Writing ", currently showing as Mayor Mullet and the Applicant but rather between Page 1 Minnie Dhaliwal - Citizen Concern - Comp. Plan - Intergate (Sabey Corp) Development Agreement The City of Tukwila, City Council (with majority consensus) and the Applicant. Implementation of, violation of the provisions provided in, or changes to, the agreement are all goverened under the RCW's and TMC's. Given the nature of and reason behind the creation of the agreement, any binding of agreement or alteration thereof, in an instance such as this, should be subject not only to the appropriate level of review and public process required by the Codes but, more importantly, to final approval / denial by the original the approving party, the Tukwila City Council. The necessity of this change was also requested by City Council and should be incorporated as part of the revised agreement. 4) The attached 'revised landscape plan' is not an accurate representation of the applicant's requested use of the site put forth for rezone and is therefore not an accurate representation of the agreement. While the attached plan shows some increased landscape at the south end of the site, it does not clearly identify the proposed parking area, number of stalls, directional lay -out of the stalls, lighting, directional compass guide, street identification, or relational lay -out to the balance of the development. If this document is being attached to the agreement with the intent that it acts as the permanent 'visual' of the agreed to scope of development on the conditions / limitations defined in item #2 then the attached plan clearly needs to provide the appropriate level of detail related to the applicant's request for development. The completed plan should be provided from the applicant and attached, as part of the permanent City records, prior to Council approval of the Agreement. I sincerely appreciate you taking my concerns, and those of the Council, in to consideration as you revise the agreement for final Council approval. In addition, I ask that you please make public record of my concerns and forward a copy of the same directly to each Council Member. Again, thank you for your time. Gina Nielsen 12527 35th Avenue South Tukwila, WA 98168 Also, OBO/ Robert Bernhardt 3418 South 126th Tukwila, WA 98168 CC: <tukcouncil @ci.tukwila.wa.us> Page 2 To: From: Subject: Date: Cizy of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM Tukwila City Council Steve Lancaster, Department of Community Development Growth Management Act - related Comprehensive Plan A dments (File #L04 -025) and Sabey Rezone Request (File #L03 -07 October 27, 2004 Attached with this memo are the changes requested by the City Council at deliberations on October 18 and 25, 2004. In addition, the applicant has provided a revised landscape plan for the Sabey LDR to C /LI map change request discussed on October 11. The changes requested by the Council are shown in the strikethrough /underline format. Please let us know if you have any additional comments or concerns about the wording of these changes. We hope to bring the ordinance adopting these amendments to you in mid - November. Note that the formatting will be finalized and standardized when the entire Comprehensive Plan document is reprinted in early 2005. Please bring your Natural Environment/Sensitive Areas Ordinance Notebook on November 1. Since the discussion on November 1 will focus on materials from the Natural Environment/ Sensitive Areas Ordinance Notebook, it is not necessary to bring your Comprehensive Plan Update notebook to the meeting. Index to attachments: A. GMA Amendments (File #L04 -025) A.1 Natural Environment —City Council Recommendations (Please add to your Natural Environment /Sensitive Areas Ordinance Notebook) B. GMA Amendments (File #L04 -025) B.1 B.2 B.3 B.4 B.5 B.6. B.7 Transportation Element —City Council Recommendations Utilities Element —City Council Recommendations Capital Facilities Element —City Council Recommendations Tukwila Urban Center —City Council Recommendations Housing Element —City Council Recommendations Maintenance of the Plan Element —City Council Recommendations Economic Development Element —City Council Recommendations (Please add to your Comprehensive Plan Update Notebook) C. Sabey Annual Amendment LDR to C /LI (File #L03 -078) C.1 Concomitant Agreement and Covenant Running with the land showing the changes requested by the applicant along with the revised landscaping plan. The existing landscape plan that was approved for the Department of Homeland Security building is also included for your reference. (Please add to your Comprehensive Plan Update Notebook) 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • Attachment C.1 Sabey Annual Amendment Concomitant Agreement with Revised Landscape Plan • • • • CONCOMITANT AGREEMENT AND COVENANT RUNNING WITH THE LAND This agreement is entered into this day of , 2004, by and between International Gateway East .ill LLC, a Washington limited liability company ey- Corpor-ation, hereinafter referred to as the "Applicant," and the City of Tukwila, Washington, a municipal corporation, hereinafter referred to as the "City ". WHEREAS, the City has authority to enact laws and to enter into agreements to promote the health, safety, and welfare of its citizens and thereby control the development of property within its jurisdiction, and WHEREAS, the Applicant has applied for a rezone of certain property described below within the City's jurisdiction from LDR district to C /LI district, consistent with the Comprehensive Plan adopted by the City pursuant to the Growth Management Act (RCW 36.70A), and WHEREAS, the City and the Applicant are both interested in complying with the ordinances of the City of Tukwila relating to the development of the property situated in the City described as follows: Lots 1,2 and 3 in Block 12 of Riverton Addition, as per the Plat recorded in Volume 13 of Plats, Page 36 records of King County, Washington, together with the entire 40 foot width of vacated South 126th Street adjacent and contiguous thereto. (Also being known as Lot C of Boundary Line Adjustment Number 89-6 - BLA, recorded under King County Recording Number 8908161260), situated in the City of Tukwila, County of King, State of Washington. hereinafter sometimes referred to as the "Site" and WHEREAS, the City desires to enforce the rights and interests of the public by this Concomitant Agreement; NOW, THEREFORE, in the event the site is rezoned from LDR to MIC /L district, the Applicant covenants to the City and agrees on behalf of itself and each of its successors and assigns, that during the entire period that the property is zoned MIC /L, the Site will be developed only in accordance with this Covenant and subject to the conditions provided herein. The Applicant specifically agrees that this Covenant touches, concerns, enhances, benefits and runs with the property. 1. Title. Applicant is the sole and exclusive owner of the property. 2. Conditions. The Applicant promises to comply with all the terms and conditions of this agreement in the event the City, as full consideration herein, grants the rezone relating to the Site. The Applicant hereby agrees to be bound by and to comply with the following conditions: A. The Applicant shall install landscaping as shown on the attached Exhibit 1 • - ° Prior to the approval of this agreement, the aApplicant shall provide a performance bond or other financial security as approved by the City Attorney, guaranteeing the completion of such- improvements to install landscaping as shown on the attached Exhibit 1 within 180 days of the approval of this agreement. (Please note that Exhibit 1 is not attached at this time since the applicant is in the process of revising the landscape plan and will soon submit it to the Department of Community Development for their review) • B. No access to the site will be allowed from 34th Avenue South. 3. Binding. No modifications of this agreement shall be made unless mutually agreed upon by the parties in writing. 4. Remedies. Violations of this Covenant shall be enforced by the City according to enforcement procedures applicable to zoning code violations. In addition to other remedies available to the City by law, the city reserves the right to revoke the rezoning of the Site should the Applicant fail to comply with any of the terms and conditions of this agreement. 5. Successors. This covenant shall remain in full force and effect, and be binding upon the Owner and his successors and assigns until amended, modified or terminated by an ordinance adopted by the Tukwila City Council. 6. Filing. A copy of this covenant will be filed for record with the King County records and elections division. 7. Reversion. In the event that the Property is developed in violation of the conditions set forth in this agreement, then this covenant shall be deemed null and void and the zoning designation for the Property shall revert to the zoning designations which existed prior to the rezone contemplated herein. 8. Attorney Fees. In the event that legal action is instituted to enforce or interpret any provision of this Covenant, including any appeal thereof, the substantially loosing party shall reimburse the substantially prevailing party for all costs and reasonable attorney fees incurred in connection therewith. 9. Severability. In the event that any term or clause of this agreement conflicts with applicable law, such conflict shall not affect other terms of this agreement which can • • be given effect without the conflicting terms or clause, and to this end, the terms of • this agreement are declared to be severable. • • IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written. OWo RAPPLI:CANT International Gateway East III LLC. By Sabey Corporation, Manager By James N. Harmon Treasurer & Secretary STATE OF WASHINGTON COUNTY OF KING ) SS. CITY OF TUKWILA By Steve Mullet, Mayor BY APPROVED AS TO FORM: Shelley Kerslake, City Attorney I certify that I•know or have satisfactory evidence that DJames N. Harmon • bey e to me known to be the PTreasurer & Secretaryresident of of the corporation which executed the above instrument, appeared before me and said person acknowledged that he signed this instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: By: STATE OF WASHINGTON COUNTY OF KING Notary Public in and for the State of Washington Residing at My commission expires ) SS. I certify that I know or have satisfactory evidence that Steve Mullet, Mayor City of Tukwila, appeared before me and said person acknowledged that he signed this instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: By: Notary Public in and for the State of Washington Residing at My commission expires • • • • • (5) Transplanted Existing Douglas Fir Trees (6 -8' 1-It.) (10) Additional' :' 12' -14' 1-It. Douglas Fir Trees ` ANI SCAPE Depart. of Homeland Security 12500 Tukwila International Blvd Tukwila, WA 12500 Tukwila International Blvd Tukwila, WA Scale: 1" = 30' -0" Date: 10 -25 -04 Drawn By: JPM Checked by: MAW i Revised Landscape Plan WEISMAN DESIGN GROUP: LANDSCAPE ARCHITECTURE 2329 EAST MADISON STREET SEATTLE, WA 98112 -5416 PH 206.3221732/FAX 206.3221799 INTERNET WWW.WDGINC.COM LSK -1 Revised L1.01 • Depart. of Homeland Security 0500 Tukwila International Blvd Tukwila, WA Existing Landscape Plan WEISMAN DESIGN GROUP: LANDSCAPE ARCHITECTURE 2329 EAST MADISON STREET SEAME, WA 98112-5416 PH 206.322.1732/FAX 206.3221799 INTERNET Mi.VIDGINC.COM LSK 1 Original L1.01 To: From: Subject: Date: City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM Tukwila City Council Steve Lancaster, Department of Community Development Annual Comprehensive Plan amendments; File number L03 -0'77- Segale Comprehensive Plan text amendments to Tukwila South area and File number L03 -078- Sabey Comprehensive Plan map change and rezone request. October 19, 2004 On October 11, 2004, the City Council deliberated on the two Annual Comprehensive Plan amendment requests referenced above. The changes requested by the Council are attached to this memo and are shown in the strike out /underline format. Please include these in your Comprehensive Plan Update notebooks. The discussion on the October 25th meeting is going to focus on the Sensitive Areas Ordinance, so you need to bring only your Natural Environment and Sensitive Areas Ordinance notebooks and not your Comprehensive Plan Update notebooks. However, please let us know if you have any additional comments or concerns regarding these two requests. Index to attachments: A. Segale Annual Amendments- Tukwila Valley South (File number L03 -077) A.1 Tukwila South Element vA.2 Economic Development Element (The only policy change related to this request is 2.1.12. The other changes in this element were deliberated on October 18 and have not been incorporated in this version.) ,/A.3 Residential Neighborhoods Element - vA.4 Glossary - A.5 Comprehensive Land Use Map Legend A.6 Proposed Ordinance (it shows the Council's recommended changes in the strike out/underline format and the Master Plan area boundary is revised on the Comprehensive Plan map to include the entire area east of Orillia Road. Please note that Council will probably adopt one overall ordinance when all the changes in the entire Comprehensive Plan are finalized) B. Sabey Annual Amendment- Comprehensive Plan and Zoning map change from LDR to C /LI. (File number L03 -078) B.1 Concomitant agreement and covenant running with the land. (This agreement will be referenced in the rezone ordinance. Please note that the landscape plan referenced in the agreement is not attached since applicant is in the process of revising the landscape plan to increase the landscape buffer on the south side.) fMn Cnnthrontor Rnulevard Suite #100 • Tukwila. Washington 98188 • Phone: 206 - 431.3670 • Fax: 206 - 431 -3665 • Attachment B- Sabey Annual Amendment Request Sabey Comprehensive Plan map change and rezone request (File # L03 -078 Applicant: David Evans & Associates for Sabey Corporation) • • • Attachment B.1- Sabey Annual Amendment Request Concomitant Agreement and Covenant running with the land (File # L03 -078 Applicant: David Evans & Associates for Sabey Corporation) • • • • CONCOMITANT AGREEMENT AND COVENANT RUNNING WITH THE LAND This agreement is entered into this day of , 2004, by and between Sabey Corporation, hereinafter referred to as the "Applicant" and the City of Tukwila, Washington, a municipal corporation, hereinafter referred to as the "City ". WHEREAS, the City has authority to enact laws and to enter into agreements to promote the health, safety, and welfare of its citizens and thereby control the development of property within its jurisdiction, and WHEREAS, the Applicant has applied for a rezone of certain property described below within the City's jurisdiction from LDR district to C /LI district, consistent with the Comprehensive Plan adopted by the City pursuant to the Growth Management Act (RCW 36.70A), and WHEREAS, the City and the Applicant are both interested in complying with the ordinances of the City of Tukwila relating to the development of the property situated in the City described as follows: Lots 1,2 and 3 in Block 12 of Riverton Addition, as per the Plat recorded in Volume 13 of Plats, Page 36 records of King County, Washington, together with the entire 40 foot width of vacated South 126th Street adjacent and contiguous thereto. (Also being known as Lot C of Boundary Line Adjustment Number 89-6 - BLA, recorded under King County Recording Number 8908161260), situated in the City of Tukwila, County of King, State of Washington. hereinafter sometimes referred to as the "Site" and WHEREAS, the City desires to enforce the rights and interests of the public by this Concomitant Agreement; NOW, THEREFORE, in the event the site is rezoned from LDR to MIC /L district, the Applicant covenants to the City and agrees on behalf of itself and each of its successors and assigns, that during the entire period that the property is zoned MIC /L, the Site will be developed only in accordance with this Covenant and subject to the conditions provided herein. The Applicant specifically agrees that this Covenant touches, concerns, enhances, benefits and runs with the property. 1. Title. Applicant is the sole and exclusive owner of the property. 2. Conditions. The Applicant promises to comply with all the terms and conditions of this agreement in the event the City, as full consideration herein, grants the rezone relating to the Site. The Applicant hereby agrees to be bound by and to comply with the following conditions: A. The Applicant shall install landscaping as shown on the attached Exhibit 1 within 180 days of the approval of this agreement. Also, prior to the approval of this agreement the applicant shall provide a performance bond or other financial security as approved by the City Attorney, guaranteeing the completion of such improvements. (Please note that Exhibit 1 is not attached at this time since the applicant is in the process of revising the landscape plan and will soon submit it to the Department of Community Development for their review) B. No access to the site will be allowed from 34th Avenue South. 3. Binding. No modifications of this agreement shall be made unless mutually agreed upon by the parties in writing. 4. Remedies. Violations of this Covenant shall be enforced by the City according to enforcement procedures applicable to zoning code violations. In addition to other remedies available to the City by law, the city reserves the right to revoke the rezoning of the Site should the Applicant fail to comply with any of the terms and conditions of this agreement. 5. Successors. This covenant shall remain in full force and effect, and be binding upon the Owner and his successors and assigns until amended, modified or terminated by an ordinance adopted by the Tukwila City Council. 6. Filing. A copy of this covenant will be filed for record with the King County records and elections division. 7. Reversion. In the event that the Property is developed in violation of the conditions set forth in this agreement, then this covenant shall be deemed null and void and the zoning designation for the Property shall revert to the zoning designations which existed prior to the rezone contemplated herein. 8. Attorney Fees. In the event that legal action is instituted to enforce or interpret any provision of this Covenant, including any appeal thereof, the substantially loosing party shall reimburse the substantially prevailing party for all costs and reasonable attorney fees incurred in connection therewith. 9. Severability. In the event that any term or clause of this agreement conflicts with applicable law, such conflict shall not affect other terms of this agreement which can be given effect without the conflicting terms or clause, and to this end, the terms of this agreement are declared to be severable. • • • • IN WITNESS WHEREOF the parties hereto have executed this agreement • as of the day and year first above written. OWNER CITY OF TUKWILA By David Sabey, President Sabey Corp. By Steve Mullet, Mayor STATE OF WASHINGTON ) SS. COUNTY OF KING APPROVED AS TO FORM: Shelley Kerslake, City Attorney I certify that I know or have satisfactory evidence that David Sabey to me known to be the President of the corporation which executed the above instrument, appeared before me and said person acknowledged that he signed this instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: By: STATE OF WASHINGTON COUNTY OF KING Notary Public in and for the State of Washington Residing at My commission expires ) SS. I certify that I know or have satisfactory evidence that Steve Mullet, Mayor City of Tukwila, appeared before me and said person acknowledged that he signed this instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: By: Notary Public in and for the State of Washington Residing at My commission expires • Guy of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM To: The City Council From: Steve Lancaster, Director Community Development Re: File Number L03 -078; Sabey Comprehensive Plan map change and rezone request from LDR to C /LI. Date: October 7, 2004 The matrix that was included in the binder for Sabey Comprehensive Plan and rezone request analyzed the four different rezone options. This matrix was the same that was provided to the Planning Commission before they finalized their recommendations to the City Council. Subsequent to the public hearing on this request, staff met with Council Member Dennis Robertson on October 6, 2004. He requested that the matrix be revised to include the Planning Commission's recommended option of retaining LDR zoning. The revised matrix is attached for your review and it could not be included in the regular Council packet due to short turn around time. This request is scheduled for deliberations on October 11, 2004. If you have any questions please contact me or Minnie Dhaliwal at 206 -431 -3685. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 ■ • • • File Number L03 -078- Sabey Comprehensive Plan map change and rezone request- Matrix analyzing various rezone options. File Number L03 -078, Sabey Comprehensive Plan map change and rezone request Prepared by Department of Community Development October 7, 2004 Option 1- Retain LDR zoning. Option 2- Change Comprehensive Plan designation and Zoning of LDR portion to C /LI. Option 3- Change C /LI (north of S 126t St.) to MIC /L in addition to changing LDR to C /LI. Option 4- Change all of C /LI & LDR to MIC /L. This would create MIC /L zoning for the entire lot. Option 5- Rezone the entire lot C/LI Uses allowed Refer to the use matrix that lists various uses allowed in LDR. This option would not allow the applicant to add 20 parking stalls This would allow a number of commercial and light industrial uses in the portion currently zoned LDR. It would allow the applicant to add 20 parking stalls. This would allow a number of commercial and light industrial uses in the portion currently zoned LDR. It would allow the applicant to add 20 parking stalls. This would allow most of the industrial uses allowed under option 2 but not many commercial uses that are permitted outright in C/LI. In addition manufacturing, processing, assembling previously prepared metals including stamping, dyeing, shearing etc is listed as a permitted use where as it is conditional use in C /LI. Also, fermenting/distilling are listed as permitted use. However office use is listed as a permitted use in C /LI. Under MIC /L, offices up to 20,000 -sq. ft. are permitted outright and over 20,000 -sq. ft. are a conditional use. It would allow the applicant to add 20 parking stalls. This would a larger number of commercial uses than are permitted in MIC /L. Office uses would be permitted outright. It would not allow a couple of more intensive uses that are allowed in MIC /L as conditional or unclassified uses. See attachment K for detailed discussion of the various uses allowed in C /LI. It would allow the applicant to add 20 parking stalls. Setbacks: front, sides, rear Front -20', Second front —10', Sides- 5', Rear- 10' Front -25', Second front (along 34th Ave S)- 15', Side and Rear(along south property line) -1ST fir 15', 2nd flr- 20',3r1 flr -30' Front -25', Second front (along 34th Ave S)- 15', Side and Rear(along south property line) -1sT fir- 15', 2nd flr- 20',3r1 flr -30' Front -25', Second front (along 34th Ave S)- 15', Side and Rear(along south property line) -1sT flr 15', 2 °d flr 20',3r1 flr -30' Front -25', Second front (along 34th Ave S)- 15', Side and Rear(along south property line) -1sT fir_ 15', 2nd flr- 20',3`d flr -30' Landscape buffer: No landscape requirements in LDR zone. However the site was approved by the Planning Commission and landscaping was required as part of the Conditional Use Permit. 15'(along 34`h Avenue S & along south property line). 15'(along 34th Avenue S & along south property line) 15' (along 34`h Avenue S. & along south property line) 15'(along 34th Avenue S & along south property line). Process Design Review is not required for development in LDR zone. Any major redevelopment of the subject site will be subject to public review process since it will be considered a modification of the Conditional Use permit and Design Review approval for the Immigration Services building. Office is a permitted use. Design review for new developments within 300 feet of residential districts. Commercial structures between 1,500 to 10,000 are reviewed administratively. Any major redevelopment of the subject site will be subject to public review process since it will be considered a modification of the Conditional Use permit and Design Review approval for the Immigration Services building. Office is a permitted use. Design review for new developments within 300 feet of residential districts. Commercial structures between 1,500 to 10,000 are reviewed administratively. Any major redevelopment of the subject site will be subject to public review process since it will be considered a modification of the Conditional Use permit and Design Review approval for the Immigration Services building. Office over 20,000 -sq. ft. is a conditional use. Administrative Design review for new developments within 300 feet of residential districts. Any major redevelopment of the subject site will be subject to a public review process since it will be considered a modification of the Conditional Use permit and Design Review approval for the Immigration Services building. Office is a permitted use. Design review for new developments within 300 feet of residential districts. Commercial structures between 1,500 to 10,000 are reviewed administratively. Any major redevelopment of the subject site for an office use will be reviewed administratively as it is permitted outright in C /LI. The "planned action" option for SEPA review will not apply to the property, as it is only applicable to outright permitted uses in MIC /L and MIC/H zones. Noise impacts If the source property is zoned residential and the receiving property is residential, the maximum sound level is 55 dB(A). Additional noise mitigation measures can be required as part of the modification of the conditional use permit process. If the source property is zoned commercial and the receiving property is residential, the maximum sound level is 57 dB(A). If the source property is zoned industrial and the receiving property is residential, the maximum sound level is 60 dB(A). Additional noise mitigation measures can be required as part of the modification of the conditional use permit process. If the source property is zoned commercial and the receiving property is residential, the maximum sound level is 57 dB(A). If the source property is zoned industrial and the receiving property is residential, the maximum sound level is 60 dB(A). Additional noise mitigation measures can be required as part of the modification of the conditional use permit process. If the source property is zoned commercial and the receiving property is residential, the maximum sound level is 57 dB(A). If the source property is zoned industrial and the receiving property is residential, the maximum sound level is 60 dB(A). Additional noise mitigation measures can be required as part of the modification of the conditional use permit process. If the source property is zoned commercial and the receiving property is residential, the maximum sound level is 57 dB(A). If the source property is zoned industrial and the receiving property is residential, the maximum sound level is 60 dB(A). Additional noise mitigation measures can be required only if the proposal is subject to a conditional use or an unclassified use permit process. File Number L03 -078, Sabey Comprehensive Plan map change and rezone request Prepared by Department of Community Development October 7, 2004 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM To: City Council From: Steve Lancaster, Department of Community evelopment Subj: Comprehensive Plan Deliberations Date: October 5, 2004 Deliberations: Please bring your "Comprehensive Plan Update - City Council Review" notebook for use during deliberations on Monday, October 11. Please make sure you have inserted the "Supplemental Materials" we distributed on September 26 into your notebooks. This is identified by the colored tabs "A" through "E ". These materials form the core of information you should try to review before Monday evening. We will be focusing first on the information contained under tabs "D" and "E ". Changes from the existing comprehensive plan are highlighted. Tab "D" contains changes to the Plan proposed in response to the Segale proposal for Tukwila Valley South. Tab "E" contains information related to the proposed map change requested by the Sabey Corporation. If you complete deliberation on the first two matters, you may want to move on to Tab "B." Tab "B" contains each chapter of the plan containing proposed amendments relating to the overall "GMA technical update ". You may also want to review the information contained under the tab titled "L04 -025 GMA Update." The white pages identify changes proposed to the "Background Reports" prepared in support of the Comp Plan. The green pages simply restate the Comp Plan changes included in Tab "B ". Attachments: Attached please find sheets that summarize the proposed Comprehensive Plan amendments. We recently used this information in briefing the Chamber of Commerce Government and Community Affairs Committee, as well as at two recent public open houses. We hope you will find it useful. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 SUMMARY SHEET TUKWILA COMPREHENSIVE PLAN AMENDMENTS 10/6/04 Background: The State of Washington requires all cities to review and if necessary update their Comprehensive Plans during 2004 to ensure that the plans are consistent with recent changes in the Growth Management Act (GMA). Staff reviewed the Comprehensive Plan policies and found several items that required technical updates. The primary focus was the Natural Environment policies and Sensitive Areas Ordinance. Most other changes are modest in scope. In addition, members of the public have submitted two applications for Comprehensive Plan amendments as part of the regular annual Plan amendment process. The Comprehensive Plan may be changed only once each year, so the technical revisions required by the GMA, and the two "annual" amendment requests are being reviewed together. In recent months, the Tukwila Planning Commission, City Council and staff have held public meetings, hearings and open houses to provide the public with opportunities for input in the process. Mailings, articles in the "Hazelnut" newsletters and information on the City's website have kept Tukwila residents and businesses up to date on proposed amendments. The Tukwila Planning Commission completed its review and forwarded its recommendations to the City Council. The City Council took testimony on the recommendations at a public hearing on October 4, 2004. The City Council will deliberate in the coming month, with adoption expected by year's end. Growth Management Act (GMA)- related revisions: The following summarizes the proposed changes to the Comprehensive Plan by topic. These technical updates are required so that Tukwila's Plan remains consistent with the State of Washington's Growth Management Act (GMA): Natural Environment • No significant Comprehensive Plan policy changes are recommended. References to Best Available Science are added to comply with the Growth Management Act • Changes are proposed for the Sensitive Areas Ordinance including: • Revise the wetland mitigation section to increase the wetland mitigation ratio for wetland enhancement Per review of best available science • Focus the wetland rating system on protecting existing functions and values • Reorganize sensitive areas code to make it more "user friendly" • Add fish and wildlife section to sensitive areas ordinance per Growth Management Act • Add Green/Duwamish River as Type 1 watercourse. Continue its regulation through the Shoreline Overlay district • Enlarge watercourse buffers for Type 2,3 and 4 watercourses der best available science review • Revise watercourse rating system for greater consistency with new State criteria • Retain the existing buffers identified in TMC 18.45.040 C.1. and TMC 18.45.040.c.s. for both wetlands and watercourses • Reduce threshold for identifying steep slopes per Growth Management Act Transportation • Add Level of Service (LOS) standards for regionally significant highways (RSH) • Extend planning period to 2020 Utilities GMA requirements will be met when the Surface Water Ordinance is adopted later this year. • Suggested changes reflect the 2004 flood plain ordinance Capital Facilities • Add map and list of 2004 -2009 Capital Improvement Projects • Add map and list of City -owned facilities Tukwila Urban Center These proposed Comprehensive Plan policy changes set the stage for completing and adopting the Tukwila Urban Center sub -area plan in 2005: • Supplement a market - driven approach to development with a combination of guidelines, regulations, incentives and private - public actions; • Expand opportunities for housing (both stand -alone and mixed -use) • Establish "districts" based on existing predominant land uses • Allow greater flexibility in meeting parking needs Housing • Add wording to address countywide housing targets • Update housing data Maintenance of the Plan • Development code changes adding provisions for "emergency" amendments Economic Development • Add wording to address countywide employment targets • Update economic data Annual Amendments: The following summarizes two requests from the public for Comprehensive Plan and/or Zoning Code amendments. Comprehensive Plan /Zoning Map Change requested by Sabey Corporation • Location: Western terminus of S. 126th Street just east of the Tukwila International Boulevard and abutting the western edge of 34th Avenue South • Request: The applicant (Sabey Corporation) proposes to change the Comprehensive Plan/Zoning Code designations from Low Density Residential (LDR) to Commercial /Light Industrial (C/LI) in order to add approximately 20 parking stalls for the adjacent Department of Homeland Security facility. "Tukwila South" Comprehensive Plan Policy Changes requested by La Pianta • Location: Approximately 400 acres generally from South 180th Street south to Tukwila's annexation boundary at South 204th Street. • Request: The applicant has requested text amendment/policy changes that would enable this property to transition from the current agricultural and industrial area to an urban multi -use district. Approximately half the property is in unincorporated King County and requires annexation to Tukwila. SABEY CORPORATION COMPREHENSIVE PLAN AMENDMENT REQUEST The subject property is designated Low Density Residential (LDR). It is located at the western terminus of South 126th Street just east of the Tukwila International Boulevard and abutting the western edge.of 34th Avenue South. The property is part of the Department of Homeland Security property currently under construction at Intergate East. BACKGROUND: The affected property is part of the approved development plan of the Department of Homeland Security (DHS) regional immigration services facility. At the time of the Homeland Security services facility's Conditional Use permit and the Design Review, the subject lot was not proposed to be used for access purposes. The underlying LDR zoning does not allow parking. As part of the DHS facility development, a boundary line adjustment was recorded in March, 2003. The boundary line adjustment combined both the subject property and the lot immediately west (zoned Commercial /Light Industrial (C /LI) ) with a larger lot to the north. The larger lot is "split zoned" - -- the majority of the larger lot is zoned Manufacturing Industrial Center- -MIC /L and a small part in the SW corner is Commercial /Light Industrial -- C /LI). Applicant has not requested any changes to the Comprehensive Plan designation for this small C /LI portion. APPLICANT'S REQUEST: The applicant (David Evans and Associates for the Sabey Corporation) proposes the following revision to the Comprehensive Plan and Zoning Code at the western terminus of South 126th Street just east of the Tukwila International Boulevard and abutting the western edge of 34th Avenue South: • Change the Comprehensive Plan and Zoning Code designations from Low Density Residential (LDR) to Commercial /Light Industrial (C /LI) in order to use the lot for about 20 additional parking stalls. t / • I '.___, I . V . . A.A.A. V v - . -- - . v ti -�--�( Attention: Honorable and Distinguished Tukwila-City. Council Members Re: Applicant: David Evans & Associates for the Sabey Corporaticp Location: South 126th Street, between Tukwila International ECEIVED Boulevard and 34th Avenue South OCT 4 2004 File Numbers: L03 -078 and E04 -004 CITY OF TUKWILA CITY CLERK Proposal: Applicant (the Sabey Corporation) has requested that the Comprehensive Plan and Zoning Designation be changed from Low Density Residential to Commercial/Light Industrial. Statement Against the Proposal: As Residents of the City of Tukwila, we strongly oppose the zoning proposals brought before the City of Tukwila by the Applicant and City Staff. We request that the City Council deny the Applicant & City Staff's zoning requests and recommendations. Instead, we request that no changes be made whatsoever to the current Zoning: In full agreement with the Statement Against the Proposal, we are: e (�signed) Name (printed) Address ,✓ ®®Nam,, t,G i e- F' e,,v,,,Air- t`' co Z 6--R7- 7' Adv-EA bx7.-34' 16 a: f2 '` % u r. ""-' 2 de:1, .� C6, e 2��3�: 3 y,914° ,5- 7-gt I:, /1 3 ik, 1- Gt "L.e \ ctccl- t 4 Z ) ��`L A\k, (-) rti\OX (-,'„)2, Gina \i .e. D-Q01- (' (0 Wet „ f alit b-1 6 744htsel t 17/Ki, i -©g 2 X41 S_ 7 .Ai �ki !- , 3i Li Ave So. a ��,.�rr 1 1 i-1G do a - , d 3 -3444' 540 J , , r''� t f `,` � � � . A� 40i 4z ��� 4-7,-- Lie. 69 I� 7..Gt 3� . - t 1 � 4- 4 -- % Ts{. 3S fivz- 50r �j �0 z-- AJ lie Attention: Honorable and Distinguished Tukwila City Council Members Re: Applicant: David Evans & Associates for the Sabey Corporation Location: South l26`h Street, between Tukwila International Boulevard and 34th Avenue South File Numbers: L03 -078 and E04 -004 Proposal: Applicant (the Sabey Corporation) has requested that the Comprehensive Plan and Zoning Designation be changed from Low Density Residential to Commercial/Light Industrial. Statement Against the Proposal: As Residents of the City of Tukwila, we strongly oppose the zoning proposals brought before the City of Tukwila by the Applicant and City Staff. We request that the City Council deny the Applicant & City Staff's zoning requests and recommendations. Instead, we request that no changes be made whatsoever to the current Zoning. In full agreement with the Statement Against the Proposal, we are: Name (signed) Name (printed) Address 11 6-4-A ?Cte 014v-1 ?E rl= Ja /Q6 /y 3s a , i, /� 12 �, L u //u /9I /1 l.� l�3' 3� 14 Y SG — 7��A wi /q 13 ifm4y9/27fia-i4A%-fit /S11(J M. tV +Ik(fr1JUli 35 -10 s i _ � GviCa -. ,4 0 PI1,u Nr36s la633 . ETA. S �v(LA ?516 156 r Ji J ,LAS �'E K1 � 16 0.,,,�` '11 ) +Awe 11(ttiwe 0%- C4. 0 ` -3 r))r\ v e. o 1(4.1.7,,,,: it 17` : `1"Q.:� ef' 1 Plitt-omfAm Ku,ko7 -1 ( Zt1._. s. wkw1),Ak `iv8I/J 18 , 19 (AV\ k 21 S, k-)1, a. \Ux .\1,, 20 1 lirdit".`4. g� 4.1v a.. 441 Pi, ritPPfF 31.03 SC) . /I-4.6116f Tigui1L- Lad gillq, Attention: Honorable and Distinguished Tukwila -City Council Members Re: Applicant: David Evans & Associates for the Sabey Corporation Location: South 126th Street, between Tukwila International Boulevard and 34th Avenue South File Numbers: L03-078 and E04 -004 Proposal: Applicant (the Sabey Corporation) has requested that the Comprehensive Plan and Zoning Designation be changed from Low Density Residential to Commercial/Light Industrial. Statement Against the Proposal: As Residents of the City of. Tukwila, we strongly oppose the zoning proposals brought before the City of Tukwila by the Applicant and City Staff. We request that the City Council deny the Applicant & City Staff's zoning requests and recommendations. Instead, we request that no changes be made whatsoever to the current Zoning. In full agreement with the Statement Against the Proposal, we are: 21 22 Name (signed) Name (printed) Address . 23 •1)Avl (446/16-- /4 25 t e co (ab( ST Sew Ia -Sti'1 "- Cam,. �ulr.�x Lt gz,"7- w.A-- nib1, 12435 '7't��(rw• "/a T- .rfe.��.fi6��r I ��Lvr) 7-vkt . /e 4' /(fir 26 27 28 29 30 PUBLIC NOTICE TUKWILA CITY COUNCIL TO PARTICIPATE IN VAN TOUR NOTICE is hereby given that at 3:00 p.m. on October 5, 2004, the Tukwila City Council will participate in a tour of two properties. The first property is located at the western terminus of S. 126th St and between Tukwila International Boulevard and 34th Ave. S. This property is being considered for a Zoning/Comprehensive Map change from Low Density Residential (LDR) to Commercial /Light Industrial (C /LI). The second site is the Tukwila South area, which is generally south from S. 180th Street to Tukwila's south annexation boundary at S. 204th Street. The City Council is considering Comprehensive Plan text amendments to the Tukwila South element of the Comprehensive Plan. No official action will be taken by the Council. Jane E. Cantu, CMC City Clerk Published: Seattle Times — 10/01/04 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM To: Tukwila City Council From: Steve Lancaster, Department of Community Development Subj: Supplemental Materials for Comprehensive Plan Amendm is Date: September 26, 2004 Background: On August 23, 2004, the City Council was briefed on the Planning Commission's recommended Growth Management Act (GMA)- related amendments and annual amendments to the Comprehensive Plan. At that meeting, the Council requested additional materials in preparation for the October 4, 2004 public hearing. These include: 1) a reformatted version of the Planning Commission's recommended changes to the Comprehensive Plan for both the GMA and annual amendments; 2) definitions of several housing- related terms; and 3) an aerial photo showing current zoning in the area for which David Evans /Sabey Corporation has requested a map changes from LDR to C /LI. We are also including comments from Lynn Kohn of Washington CTED, and additional testimony from Mike Hansen of the Sabey Corporation. Please note that we have tried to make the formatting as close as possible to the published Comprehensive Plan, but there are still a few differences in the spacing and pagination. Each attachment is indicated with a blue sheet.. You may put all these materials in your Comprehensive Plan Update notebooks for reference. Attachment A: CTED letter We have included comments that we have received from Lynn Kohn of the Washington Community, Trade and Economic Development (CTED) Department regarding the update. The Planning Commission's recommended changes to the Natural Environment element and Sensitive Areas Ordinance were sent separately to CTED, and we will receive comments at a later date. Attachment B: GMA amendments (File #L04 -025): On 8/23/04, you requested the entire Comprehensive Plan element with the Planning Commission's recommended amendments in underline /strike format. This includes "GMA- related" changes to the Transportation, Utilities, Capital Facilities, Tukwila Urban Center, Housing, Maintenance of the Plan and Economic Development elements. Attachment C: Housing Definitions You have also requested definitions of several housing- related terms that were discussed in the housing materials which you received on August 23, 2004. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 -43! Attachment D: Tukwila South (File # L03 -077) Per your request, we have provided the complete Comprehensive Plan elements which contain changes relating to the request from La Pianta/Segale Company, including: Tukwila South element; Economic Development element; Residential Neighborhoods element; Comprehensive Land Use Map Legend; and Glossary. Attachment E: LDR to C /LI request (File #L03 -078) You requested an aerial photo with zoning designations for the area surrounding the map change request from LDR to C /LI submitted by David Evans and Associates (representing the Sabey Corporation.) We have also provided additional testimony submitted by Mike Hansen of the Sabey Corporation, dated 9/17/04. Schedule: The following schedule shows the next steps in the 2004 GMA amendment process to ensure that the amendments are adopted by the State of Washington's December 1, 2004 deadline. October, 2004 10/4/04 10/5/05 10/11/04 10/18/04 10/25/04 Public Hearing, 7 p.m. Van tour of Sabey and Tukwila South sites, 3 p.m. City Council Deliberation #1, GMA- amendments, Sabey and Tukwila South City Council Deliberation #2, Natural Environment/Sensitive Areas City Council Deliberation #3, Natural Environment/ Sensitive Areas November, 2004 Additional meetings will be scheduled as needed and as the Council's schedule permits. 11/22/04 Staff forwards ordinances to Washington Department of Community, Trade and Economic Development SBEY CORPORATION September 17, 2004 Tukwila City Council do Ms. Jane Cantu City of Tukwila , Clerk 6200 Southcenter Blvd. Tukwila, Washington 98188 Re: File Number L03 -078; Comprehensive Plan map change and rezone request from LDR to C /LI Dear City Council Members, The intent of this letter is to convey to you the strong desire of Sabey Corporation to amend the Comprehensive Plan and spot Zoning Designation from Low Density Residential (LDR) to either Commercial/Light Industrial (C /LI) or Manufacturing/Industrial Center Light (MIC /L) for the property located at the western terminus of South 126th Street just east of Tukwila International Boulevard and abutting the western edge of the previously approved development plan of the Department of Homeland Security (DHS) regional immigration services facility. The attached aerial photographs, Exhibit(s) A -C provide a clear view of the subject property. This request represents an area already within the approved project, and has been legitimized by the City of Tukwila staff whose recommendation to the Planning Commission was to approve this request (MIC /L option). Since the initial application and Planning Commission review, our plan for this property has solidified. It is our intent now to utilize this area, immediately upon approval, for 20 additional parking stalls to serve the DHS facility as depicted in a photo mockup on attached Exhibit D. During the Planning Commission's review process of our application there were a number of plan map change and rezoning alternatives that were considered, along with public testimony. When the Planning Commission made its final decision to recommend denial of our rezone request, five reasons were given in support of its action (August 10, 2004 memorandum to the City Council). We respectfully but strongly disagree with each of the five reasons cited by the Planning Commission as the basis for its recommendation. The reasons supporting our disagreements are as follows: REAL ESTATE DEVELOPMENT Sabey Corporation CONSTRUCTION /ARCHITECTURE 12201 Tukwila International Blvd., 4th Floor INVESTMENTS Seattle,Washington 98168-5121 206/281 -8700 main line 206/282 -9951 fax line www.sabey.com SIBEY CORPORATION Reason #1: "There was no compelling reason for the rezone since the applicant was not proposing to use it for parking at this time but only at a future time. It may be prudent to wait and see how everything fits together and see how the building operates. If in the/ future the applicant decides to add the parking stalls then the applicant could request/a rezone at that time." Applicant position: We no longer believe this project should wait for a future time. After further review of our current site development plans we have concluded that it makes the most sense to add the 20 additional site parking stalls now during the initial project installation so the improvements are consistent and match the landscape and layout of the facility. Reason #2: "There were concerns with potential future access to 34th Avenue South in case the property was zoned commercial or industrial and its impact on the residential neighborhood." Applicant position: the concern for future access to 34th Avenue South is unfounded. Please refer to the attached Exhibit E to see the grade separation between Tukwila International Boulevard and 34th Avenue South. There is no intention (as shown in the photograph) to use this as access either today or in the future.' It doesn't make any sense and is not cost - effective to do so. We also realize now that because it did not have the benefit of this grade separation exhibit during its deliberations, the Planning Commission did not understand how difficult and unnecessary it actually is to provide vehicle access from the site to 34th Avenue South. Reason #3: "The request to rezone is in conflict with Goal 7.3 Overall Land Use Pattern: "A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses." Applicant position: We continue to feel quite strongly that the responses we provided in our original docket application clearly demonstrate how this Goal will be further - implemented by approving our request. Six specific policies and provisions of the Comprehensive Plan were cited that address and support our request. Contrary to the Commission's reasoning, failure to rezone this .78 acre parcel to MIC /L or CL /L, will leave it grouped with incompatible uses instead of mutually supporting ones. This is because the site abuts already fully developed MIC /L and CL /L zoned land on two sides, currently used to provide necessary road and driveway access to the site. In contrast, the site is physically separated from the LDR zoned areas on its southern and eastern borders by steep slopes and high retaining walls. The key physical features facts pertaining to the site do not support this Planning Commission finding. This property is more "patterned" by grade, location and adjacency to Tukwila International Boulevard and commercial and manufacturing zoning than residential. If zoning is left as it is now, this property is technically a "spot" zone that will never be developed as residential. Reason 4: "Comprehensive Plan Policy 11.1.6 states, `Develop and designate appropriate zoning, buffers, mitigation, and access opportunities where manufacturing REAL ESTATE DEVELOPMENT SabeyCorporation CONSTRUCTION /ARCHITECTURE 12201 Tukwila International Blvd., 4th Floor INVESTMENTS Seattle, Washington 98168 -5121 206/281 -8700 main line 206/282 -9951 fax line www.sabey.com SIBEY CORPORATION zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. This goal has been adequately achieved based on the Conditional Use Permit that was approved for the Department of Homeland Security." Applicant position: The buffers, mitigation, and access opportunities have already been addressed on the southern and eastern boundaries of the project as evidenced in the attached photographs. Great care was taken by both the City of Tukwila and Sabey Corporation during the City permitting process to ensure that the buffers, mitigation and access factors where acceptable and did not degrade the residential environment. Rezoning the requested area to the same MIC /L designation as the surrounding DHS facility will extend, strengthen and add permanence to this important buffer. Nothing in the Planning Commission's reasoning refutes the important points made in our original docket application explanation of how the plan map change and rezone will assist in implementing this policy. What we originally stated still holds true, "The southern and eastern boundaries of the proposal will function as more permanent and effective zoning boundaries because they are based on easily recognizable features instead of property lines. The physical features include the new terraced retaining wall system on the south and east edges of the subject property and the 34th Avenue South roadway to the east." Reason #5: "While there was some merit in cleaning up the zoning for the subject site but when balancing the housekeeping aspects with neighborhood opposition and other concerns, there was not a convincing reason to rezone the property at this time." Applicant position: the Planning Commission did acknowledge that there is merit to "cleaning up" this zoning issue so it will be contiguous with the rest of the project lot. The neighborhood opposition is focused on the buffer areas and access to 34th Avenue South each are issues that we are sensitive to and have adequately addressed. In summary, we feel strongly that our request to de- conflict and standardize the zoning for this lot is not only logical but also appropriate. The decision on our application should be based solely on it merits and physical circumstances. Before the approval of the Department of Homeland Security Project, this area was laden with literally tons of illegally dumped raw trash, abandoned equipment, automobile bodies, tires, and parts. Not only did we remove tons of waste we also removed over 200 yards of soil that was contaminated years ago by old gas stations. We have spent $1.5 million dollars improving the salmon stream and habitat that runs below this lot. The old broken down, decrepit Non Stop Restaurant was also demolished and removed. Today on this site there sits a beautiful Class A office building with wonderful new manicured landscaping. We have improved thousands of feet of roadway along Tukwila International Boulevard; adding sewer, water lines, and storm systems for the benefit of the community and the city. We are good neighbors! We are aware of the community concern to protect their residence from unwanted intrusion, but this request is for all the right reasons for the City, the neighborhood and the project. Thank you for your consideration on this matter. REAL ESTATE DEVELOPMENT Sabey Corporation CONSTRUCTION /ARCHITECTURE 12201 Tukwila International Blvd., 4th Floor INVESTMENTS Seattle, Washington 98168 -5121 206/281 -8700 main line 206/282 -9951 fax line www.sabey.com SABEY CORPORATION Sincerely, SABEY CORPORATION Mikel B. Hansen Director of Property Operations REAL ESTATE DEVELOPMENT CONSTRUCTION /ARCHITECTURE INVESTMENTS Sabey Corporation 12201 Tukwila International Blvd., 4th Floor Seattle, Washington 98168 -5121 206/281 -8700 main line 206/282 -9951 fax line www.sabey.com Current Site Configuration — Proposed AreaJobe Rezo net! a l - „v �!•t• y '‘ 1 G t... 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" . . , O �� �� O 0 '�7 � � or> t � r� ` -�� o I 7 D a p 0 Q I �� �q • a ;•-•,.., _ �, f O Q � o d Q t, or -31,4), ,4,.. ./ -/ - _ — I�rc - 0 0 -r —� tomo ,�' �-- ' ! ^ / _ '' -- ) ° o n m, a Q X0 /' 0'O ._ 0C� 3ke E' Op 0n ±•� � - �� - " - .,' . -)r ^, ^ .;> \,,f )Q�- a 1 ' re-------. h �� � 0-a . / • w� a 4 I • r � s � Jm J ��t g l ,' 4P�1 s �. ct "fit ,d - �^ �o , t-. ,r -o .cab -c' 1 " • � I � „Y ,S =•. �' �� te t. y, a ' -.' ' 1j ,. r "� c., t, ry.. 'a ti. -•, ^," , - � 1 j�� ,-L • �. _ � 11 � �� City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director September 20, 2004 Parties of Record for Sabey Comprehensive Plan amendment & Rezone request Re: Comprehensive Plan amendment & rezone request by Sabey Corporation for Comprehensive Plan map change and zoning designation change from LDR to C/LI at the property located between Tukwila International Boulevard and 34th Avenue South. File Numbers: L 03 -078 and E04 -004. Dear Parties of Record: The Planning Commission deliberated on the above mentioned request and finalized their recommendations on July 22, 2004. The Planning Commission's recommendation has been forwarded to the City Council at this time. The City Council will hold a public hearing on October 4, 2004 to receive public input. The hearing is scheduled at 7:00pm in the Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd, Tukwila. If you have any further questions /concerns or would like to see the information that has been provided to the City Council, please contact me at 206 - 431 -3685 or by email at mdhaliwal a,ci.tukwila.wa.us. Thank you for providing input on this issue. Sincerely, Minnie Dhaliwal Senior Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Robert and Sharon Berhardt 3418 South 126th Street Tukwila WA 98168 Gina Nielson 12527- 35th Avenue South Tukwila WA 98168 A.R. Pete & Carla Pete 12614- 35th Avenue South Tukwila WA 98168 Mieke Tazelaar 12624 -34th Avenue South Tukwila WA 98168 Mr. & Mrs. Brian Kennedy 12802 -37th Avenue South Tukwila WA 98168 Wilma Patapoff 3703 South 126th Street Tukwila WA 98168 Mr. & Mrs. Sam Alvarez Greg Sherlock 12624 -35th Avenue South 12435 Tukwila International Tukwila WA 98168 Boulevard Tukwila WA 98168 Phillip A Hibbs 12633 -37th Avenue South Tukwila WA 98168 Laurie Ridley 12633 -37th Avenue South Tukwila WA 98168 Troy C Wallin 12607 E. Marginal Way South Tukwila WA 98168 Gina Vale 12607 E. Marginal Way South Tukwila WA 98168 Victoria Erwin 12601 E. Marginal Way South Tukwila WA 98168 Paul Jones 12601 E. Marginal Way South Tukwila WA 98168 Charles Bauer 19805 Orillia Road South Kent WA 98032 Susan Carlson La Pianta LLC PO Box 88028 Tukwila WA 98138 -2028 David Evans and Associates Attn: Dennis Derickson 1620 W. Marine View Dr. Suite Everett WA 98201 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Memorandum To: City Council From: Steve Lancaster, Department of Community Development Re: Comprehensive Plan Amendment Briefing and Schedule Date: August 16, 2004 This notebook contains the Planning Commission's recommendations for GMA - related amendments to the Comprehensive Plan. Also enclosed are the Planning Commission's recommendations and background materials for two annual amendments proposed by private parties. These include: 1) text changes to the Tukwila South element submitted by Sue Carlson for La Pianta LLC; and 2) a map change request from LDR to C /LI from the Sabey Corporation in conjunction with the Homeland Security facility development. The Planning Commission's recommendations are printed on green paper. You will be briefed on this material at your meeting on August 23, 2004. The Planning Commission's recommended changes for the Natural Environment element and Sensitive Areas ordinance will be distributed separately prior to the City Council briefing in September, 2004. Schedule: The following schedule shows the next steps in the 2004 GMA Amendment process to ensure that the amendments are adopted by the State of Washington's December 1, 2004 deadline. The timeframe assumes that the City Council will review Sound Transit's application during September. August, 2004 8/23/04 Briefing #1 —GMA Amendments (Transportation, Utilities, Capital Facilities, Tukwila Urban Center, Maintenance of the Plan, Housing, Economic Development); Annual Amendments (Tukwila Valley South, " Sabey') September, 2004 9/20/04 Briefing #2— Natural Environment element, Sensitive Areas ordinance 9/27/04 Briefing #3 (if needed): SAO, other 9/28/04 Public Open Houses October, 2004 10/4/04 Public Hearing 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 3:01 PM08 /17/04 10/11/04 City Council Deliberation #1 10/18/04 City Council Deliberation #2 10/25/04 City Council Deliberation #3 November, 2004 11/1/04 City Council Deliberation #4 (if needed) 11/8/04 Ordinances to City Council 11/15/04 City Council passes ordinances 11/22/04 Staff forwards ordinances to Washington Department of Community, Trade and Economic Development Next Steps: Staff will brief the City Council on the enclosed items on August 23, 2004. A briefing on the Natural Environment/Sensitive Areas Ordinance will follow on September 20, 2004. The public will provide comments at a hearing on October 4, 2004. Council deliberations will take place during the remainder of October. Enc. List of exhibits and attachments List of Documents TAB 1- PLANNING COMMISSION AGENDA/MINUTES Exhibit 1 —March 25, 2004 — Agenda/Minutes Exhibit 2 —April 29, 2004 — Agenda/Minutes Exhibit 3 - -May 6, 2004 — Agenda/Minutes Exhibit 4 —May 20, 2004 — Agenda /Minutes Exhibit 5 —June 10, 2004 — Agenda/Minutes Exhibit 6 —June 17, 2004 — Agenda/Minutes Exhibit 7 —June 24, 2004 — Agenda/Minutes Exhibit 8 - -July 22, 2004 — Agenda/Minutes TAB 2 - -L03 -077 TUKWILA VALLEY SOUTH Exhibit 1 —Memo to the City Council — August 10, 2004 • Attachment A —Matrix with changes requested by applicant and Planning Commission's recommendations • Attachment B— Planning Commission recommendations in ordinance format • Attachment C —Aerial map of Tukwila South Area • Attachment D— Written testimony received after May 20, 2004 public hearing Exhibit 2 —Staff report to the Planning Commission —March 15, 2004 • Attachment A— Comprehensive Plan amendment Application • Attachment B —Letter from applicant withdrawing request for Comprehensive Plan map changes • Attachment C— Tukwila South Element of Comprehensive Plan • Attachment D —Matrix outlining the existing policies along with the applicant's requested changes Exhibit 3— Supplemental Staff report to the Planning Commission • Attachments A through D were included with the staff report prepared for the 3/25/04 briefing (Exhibit 2 above) • Attachment E —Matrix outlining the existing policies along with the applicant's requested changes and staff's recommendations • Attachment F —Aerial map Tukwila Valley South • Attachment G —TVS section Tukwila Comprehensive Plan • Attachment H— Comprehensive Land Use Map Legend • Attachment I —Map with existing boundary of the Tukwila South Master Plan Area along with the proposed Boundary Exhibit 4— Supplemental Staff Report—June 16, 2004 • Attachment J— Policy Option Matrix • Attachment K —Final Staff Recommendation — strikeover /underline format Exhibit 5— Supplemental Staff Report—July 15, 2004 • Attachment L— Recommendations — Ordinance format TAB 3 —L03 -078 SABEY CORPORATION Exhibit 1 - -Memo to City Council— August 10, 2003 • Attachment A— Options • Attachment B —Uses allowed in LDR, C /LI and MIC/L • Attachment C— Public Comments • Attachment D— Comprehensive Plan Map with rezone options • Attachment E— Approved site plan for Department of Homeland Security Exhibit 2 —Staff Report to the Planning Commission —March 15, 2004 • Attachment A— Comprehensive Plan Amendment Application • Attachment B— Comprehensive Plan Map • Attachment C -- Boundary Line Adjustment • Attachment D— Approved site plan for Department of Homeland Security Exhibit 3— Supplemental Staff Report to the Planning Commission —May 20, 2004 • Attachments A through D were included with the staff report prepared for the 3/25/04 hearing— (Exhibit 2 above) • Attachment E— Comprehensive Plan Map along with different rezone options • Attachment F -- Approved Site Plan for the Homeland Security facility • Attachment G— Written comments received after public notification Exhibit 4— Supplemental Staff Report to the Planning Commission —June 16, 2004 • Attachment H —Matrix with four options • Attachment I— Comparison of permitted uses (LDR, C/LI, MIC) Exhibit 5— Supplemental Staff Report to the Planning Commission —July 14, 2004 TAB 4—L04 -025 GROWTH MANAGEMENT ACT UPDATE Exhibit 1 —Memo to City Council— August 15, 2004 • Attachment A— Transportation • Attachment B— Utilities • Attachment C— Capital Facilities • Attachment D— Tukwila Urban Center • Attachment E— Housing • Attachment F— Maintenance of the Plan • Attachment G— Economic Development • Ciiy of Tukwila Exhibit 1 Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM To: The City Council From: Minnie-Dhaliwal Re: File Number L03 -078; Comprehensive Plan map change and rezone request from LDR to C /LI. Date: August 10, 2004 Background The applicant proposed to amend the Comprehensive Plan and Zoning designations from LDR to C/LI at the property located at the western terminus of South 126`h Street just east of the Tukwila International Boulevard and abutting the western edge of 34th Avenue South. The affected property is part of the approved development plan of the Department of Homeland Security (DHS) regional immigration services facility. The City Council held a public meeting on March 15, 2004, and recommended that the Planning Commission review this request as part of 2004 Annual Comprehensive Plan amendment process. The Planning Commission was briefed on this request on March 25, 2004, and a public hearing was held on May 20, 2004. The Planning Commission deliberated on this request on June 24, 2004 and finalized their recommendations on July 22, 2004. The Planning Commission analyzed the following five options: Option 1- Change LDR portion to C /LI. Option —2- Change LDR portion to C /LI and change C /LI (north of S. 126th ) to M1C /L. Option -3- Rezone the entire lot MIC /L. Option 4- Rezone the entire lot C /LI. Option 5- Conditional Rezone. Attached to this memo is the matrix outlining options 1 through 4 (Attachment A). Option 5 was not a legal option as the city could only approve or deny the rezone request and any conditions of approval would have to be pursued by a developer's agreement. Also, attached is the table listing the various uses allowed in LDR, C /LI and MIC /L (Attachment B). Attachment C includes the written comments received after public notification. Attachment D is the Comprehensive Plan map along with the rezone options. Attachment E is the approved site plan for the Department of Homeland Security with the underlying zoning designations. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Staff report, File number L03 -077 After analyzing the different options and receiving public input, the Planning Commission recommended denial of the Comprehensive Plan map change and rezone request and wanted the property to stay as LDR. This decision was based on the following factors: • There was no compelling reason for the rezone since the applicant was not proposing to use it for parking at this time but only at a future time. It may be prudent to wait and see how everything fits together and see how the building operates. If in the future the applicant decides to add the parking stalls then the applicant could request a rezone at that time. • There were concerns with potential future access to 34th Avenue South in case the property was zoned commercial or industrial and its impact on the residential neighborhood. • The request to rezone is in conflict with Goal 7.3 Overall Land Use Pattern: "A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses ". • Comprehensive Plan Policy 11.1.6 states, "Develop and designate appropriate zoning, buffers, mitigation, and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment ". This goal has been adequately achieved based on the Conditional Use permit that was approved for the Department of Homeland Security. • While there was some merit in cleaning up the zoning for the subject site but when balancing the housekeeping aspects with neighborhood opposition and other concerns, there was not a convincing reason to rezone the property at this time. Next Step A public hearing is scheduled on October 4, 2004, for the City Council to obtain public testimony. The City Council could finalize their decision after the public hearing. 2 • • Option 4- Rezone the entire lot C/LI • This would a larger number 01 commercial uses than are permitted in MIC/L. Office uses would be permitted outright. It would not allow a couple of more intensive uses that are allowed in MIC/L as conditional or unclassified uses. See attachment K for detailed discussion of the various uses allowed in C/LI. It would allow the applicant to add 20 parking stalls. Front -25', Second front (along 34 Ave S)- 15', Side and Rear(along south property line) -1sT flr- 15, 2 "a flr -20, 3rd flr -30' 15'(along 341' Avenue S & along south property line). Office is a permitted use. Design review for new developments within 300 feet of residential districts. Commercial structures between 1,500 to 10,000 are reviewed administratively. Any major redevelopment of the subject site for an office use will be reviewed administratively as it is permitted outright in C/LI. The "planned action" option for SEPA review will not apply to the property, as it is only applicable to outright permitted uses in MIC/L and MIC/H zones. Option 3- Change all of C/LI & LDR to MIC/L. This would create MIC/L zoning for the entire lot. This would allow most of the mdustrtal uses allowed under option 2 but not many commercial uses that are permitted outright in C/LI. In addition manufacturing, processing, assembling previously prepared metals including stamping, dyeing, shearing etc is listed as a permitted use where as it is conditional use in C/LI. Also, fermenting/distilling are listed as permitted use. However office use is listed as a permitted use in C/LI. Under MIC/L, offices up to 20,000 -sq. ft. are permitted outright and over 20,000 -sq. ft. are a conditional use. It would allow the applicant to add 20 parking stalls. Front -25', Second front (along 34W Ave S)- 15', Side and Rear(along south property line) -1sT flr -15', 2 "d flr- 20',3rd fir -30' 15' (along 34W Avenue S. & along south property line) Office over 20,000 -sq. ft. is a conditional use. Administrative Design review for new developments within 300 feet of residential districts. Any major redevelopment of the subject site will be subject to a public review process since it will be considered a modification of the Conditional Use permit and Design Review approval for the Immigration Services building. If the source property is zoned commercial and the receiving property is residential, the maximum sound level is 57 dB(A). If the source property is zoned industrial and the receiving property is residential, the maximum sound level is 60 dB(A). Additional noise mitigation measures can be required as part of the modification of the conditional use permit process. Option 2- Change C/LI (north of S 126W St.) to MIC/L in addition to changing LDR to C/LI. This would allow a number of commercial and light industrial'uses in the portion currently zoned LDR. It would allow the applicant to add 20 parking stalls. Front -25', Second front (along 34th Ave S)- 15', y�ide and Rear(along south property line) -1sT flr- 15', 2 "d flr- 20',3"1 flr -30' 15'(along 34`" Avenue S & along south property line) Office is a permitted use. Design review for new developments within 300 feet of residential districts. Commercial structures between 1,500 to 10,000 are reviewed administratively. Any major redevelopment of the subject site will be subject to public review process since it will be considered a modification of the Conditional Use permit and Design Review approval for the Immigration Services building. If the source property is zoned commercial and the receiving property is residential, the maximum sound level is 57 dB(A). If the source property is zoned industrial and the receiving property is residential, the maximum sound level is 60 dB(A). Additional noise mitigation measures can be required as part of the modification of the conditional use permit process. This would allow a number of commercial and light industrial uses in the portion currently zoned LDR. It would allow the applicant to add 20 parking stalls. Front -25', Second front (along 34' Ave S)- 15', Side and Rear(along south property line) -1ST flr- 15', 2 "d flr- 20,,3rd flr -30' 15'(along 34" Avenue S & along south property line). Office is a permitted use. Design review for new developments within 300 feet of residential districts. Commercial structures between 1,500 to 10,000 are reviewed administratively. Any major redevelopment of the subject site will be subject to public review process since it will be considered a modification of the Conditional Use permit and Design Review approval for the Immigration Services building. If the source property is zoned commercial and the receiving property is residential, the _ maximum sound level is 57 dB(A). If the source property is zoned industrial and the receiving property is residential, the maximum sound level is 60 dB(A). Additional noise mitigation measures can be required as part,of the modification of the conditional use permit process. Setbacks: front, sides, rear Landscape buffer: y V) d V 0 ` a 4 C./ CI CL y C y of 0 Z Attachment A Attachment B 1 P = Permitted, A = Accessory, C = Conditional, U = Unclassified LDR C/L I MIC/L 1. Dwelling - Single family (Includes factory built or modular home that meets UBC) P 6.7 /ac 2. Shelter P t 3. Adult day care A 4. Child care Family Home A 5. Dwelling unit - Accessory (Owner occupies one unit, parking, size limit, lot minimum requirements) I A 6. Garage or carport (private) not exceeding 1,500 sq. /ft on same lot as residence A 7. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 sq. /ft A 8. Home Occupation (Max. 1 non - resident worker, no exterior change, etc.) A 9. Private stable with restrictions A 10. Bed and breakfast lodging for not more than twelve guests C 11. Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools C 12. Sewage lift station U 13. Stormwater- neighborhood detention + treatment facilities U 14. Stormwater pump station U 15. Water pump station U 16. Water utility reservoir and related facilities U 17. Animal Veterinary, including associated temporary indoor boarding; access to an arterial required P . , `�'-':- 18. Automobile, recreational vehicles or travel trailer or used car sales lots �y -' 19. Cabinet shops or carpenter shops employing less than five people P:, 20. Commercial Parking (subject to restrictions) P 21. Convalescent & nursing homes for not more than twelve patients is 22. Convention facilities „ 'Pz- 23. Fix -it, radio or television repair shops /rental shops. r 24. Fraternal organizations R 25. Frozen food lockers for individual or family use ''' 26. Greenhouses or nurseries (commercial) 27. Medical and dental laboratories 28. Mortician and funeral homes : ... °P 29. Pawnbroker `;max+ .: 30. Plumbing shops (no tin work outside storage) 31. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges 32. Retail sales of furniture appliances, automobile parts and accessories, liquor, lumber/bldg. materials, lawn &garden supplies, farm supplies 33. Shopping center, Planned (mall) i.cR -� -P 34. Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code i .•. , ;_t 1 2 P = Permitted, A = Accessory, C = Conditional, U = Unclassified - LDR C/L I MIC/L 35. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation • P P P 36. Adult entertainment (subject to restrictions) P p 37. Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building) P P 38. Beauty or barber shops P P 39. Bicycle repair shops P P 40.. Brew Pubs P P 41. Bus stations P P 42. Child daycare centers P P 43. Commercial laundries P P 44. Contractors storage yards P P 45. Heavy equipment repair and salvage P P 46. Hotels P P 47. Industries involved with etching, film processing, lithography, printing and publishing P P 48. Internet Data Centers p P 49. Laundries; self serve, dry cleaning, tailor, dyeing p P 50. Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs P P 51. Manufacturing, processing and/or packaging previously prepared materials including, but not limited_to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood P P 52. Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment P P 53. Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment P P 54. Motels p p 55. Outpatient, inpatient, and emergency medical and dental commercial services P P 56. Railroad tracks (including lead, spur, loading or storage) p p 57. Recreation facilities (commercial - indoor) — athletic or health clubs p p 58. Rental of vehicles not requiring a commercial driver's license p p 59. Rental of commercial trucks and fleet rentals requiring a commercial driver's license P P 60. Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant P 2 3 +e- P = Permitted, A = Accessory, C = Conditional, U = Unclassified LDR C/L I MIC/L 61. Sales and rental of heavy machinery and equipment subject to landscaping requirements of Chapter 18.52 P P 62. Salvage and wrecking operations which are entirely enclosed within a building p 4 . P 63. Self storage facilities p P 64. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to Chapter 18.52 P P 65. Taverns, nightclubs P P 66. Telephone exchanges P P 67. Tow -truck operations, subject to all additional State and local regulations P P 68. Truck terminals P P 69. Warehouse storage and wholesale distribution facilities p P 70. Libraries, museums, or art galleries (public) C P P 71. of foods, such as baked goods, Manufacturing, processing, packaging g beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) k " ' "P . ��� ids � �u It , '« ellw l` � ''" wVex '. , ��- ��?.- �L��.�4����P. Q ,erm1entmgtat 1 •. T i'. Li+''..,-:::::-0.1,-- dtSfillmgls . z' allgv d: � ). 72. Billiard or pool rooms ry� p"'y >"= rs'+ A? 73. Computer software development and similar usesst'�bt^r ..t ;. N -.C>20 0004q ft.; 74. Financial, banking, mortgage, other services t i � -6 fi,��.T ���� Yy klte" p: e � )P.<LtO�OUyb, sq i :h Swap i.°.act� ;00 75. Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, business, e.g. travel, real estate & commercial r.'F' p " . .,- %' -- rr , , ; 4St r: ='k` �y- C >20,000 sq, ft. 76. Schools and studios for education or self improvement =` "` " ck ;cPQO,000 sq: ft: e C >20,000 sq ft:* 77. Studios — Art, photography, music, voice and dance js ; p 4 , "• 5 '_,� . P<20,000 sq ft C >20 ;000 sq. ft. 3 +e- 4 P = Permitted, A = Accessory, C = Conditional, U = Unclassified LDR C/L I MIC/L ' 78. Retail sales, e.g. health/ beauty aids/ prescription drugs/ food/hardware/ notions /crafts/supplies/housewares/ electronics /photo- equip /film processing/ books /magazines/ stationery/ clothing/shoes /flowers /plants /pets /jewelry/ gifts /rec. equip/ sporting goods, and similar items. : r&` ". K $� ; ,` � .a., �;-. -� C :Lille to uses that aititended ' �" ry�ser,4 other, ''pre0as*.es) 79. Manufacturing, processing and/or assembling of previously prepared metals including, not limited to, stamping, dyeing, shearing or g, g punching of metal, engraving, galvanizing and hand forging '�' ''' = t.Ffti�}'e c.:, _ 4 ..., `y t"y"`�" af�.tgy _y.� 80. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required • - '.u�13 "'> U. .9 , e y -e r �y `: .T ' use'. 72 -c '`•, 81. Parking areas A A A 82. Dormitory C A A 83. Hazardous substance processing and handling and hazardous waste treatment and storage facilities (on -site) subject to compliance with state siting criteria RCW Chapter 70.105 (See also Environmental Regulations, Chapter 21.08, Tukwila Municipal Code, TMC). Allowed only where clearly incidental and secondary to a permitted use. A A 84. Recreational area and facilities for employees A A' 85. Residences for security or maintenance personnel A A 86. Cemeteries and crematories C ;` `t, <C 87. Churches and community center buildings C ' 1z' C 88. Amusement Parks '''t,,---;:g: 89. Animal shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit) c "'::= s '''' o^ 90. Convalescent & nursing homes for more than twelve patients • 91. Drive -in theatres ' :x:C 92. Hospitals, sanitariums, or similar institutes =a -C 93. Recreation facilities (commercial - outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields ':'~ `' „ {i,KC 94. Electrical Substation — Distribution C C C 95. Fire & Police Stations C C C 96. Radio, television, microwave, cellular or observation stations and towers C C C 97. Recreation facilities (public), including, but not limited to sports fields, community centers and golf courses C C C 98. Colleges and universities C C 99. Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering) C • C 100. Manufacturing, processing and/or assembling of previously C 4 5 P = Permitted, A = Accessory, C = Conditional, U = Unclassified LDR C/L I MIC/L manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses 101. Park & ride lots C C 102. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials C C 10 Heavy metal processes such as melting, blast furnaces, drop forging or drop hammering °A" ".''° , ,� `; 104. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions U U U 105. Mass transit facilities U U U 106. Airports, landing fields and heliports (except emergency sites) U U 107. Cement manufacturing U U 108. Essential public facilities, except those specifically listed as a permitted or conditional in any of the other zones U U 109. Hydroelectric and private utility power generating plants U U 110. Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures U U 111. Railroad freight or classification yards xa. " °J 112. Transfer stations (refuse and garbage) when operated by a public agency , �;j �; t;' �, ti.', ,; 5 Greg Sherlock 12435 Tukwila International Blvd. Tukwila, WA 98168 April 14, 2004 Ms. Minnie Dhaliwal City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 -2544 Re: Your File Number: L03 -078 & E04 -004 Applicant: David Evans & Associates for the Sabey Corporation Ms. Dhaliwal, This letter is to follow up our meeting on April 5, 2004 in which we discussed the Sabey Corporation's proposal to modify the zoning designation from Low Density Residential (LDR) to Commercial /Light Industrial (C /LI). As you are aware, I am opposed to this modification for the following reasons: First, if zoning changes are made, you informed me that an additional 20 stall parking lot would be built. With the close proximately to existing LDR zoning and single family residences, the parking lot would create a number of unwanted and offensive problems such as: increased auto noise, increased 'auto emissions that would be noticeable at the adjacent LDR areas, and the removal of a planned green space area and that would make the area less attractive. As City records show, I have testified in front of the Planning Commission about the lack of and the small size of the evergreen trees that are going to be planted at the Sabey Corporation site. In response to this complaint the City has said that the lack of evergreen foliage is due to security concerns. Therefore due to these alleged security concerns I can only assume that this parking lot within the changed zone will be open, visible and in terms of evergreen shading clearly viewable from adjacent property areas. When considering this parking lot's location along with the large and drab cement retaining wall that the Applicant installed along 34th Avenue South, this landscape is unacceptable for the surrounding LDR residential neighborhood. Second, I am greatly concerned and opposed to the zoning changes proposed by the Applicant as well as those by the City. By changing the zoning in this area it will allow the occupants of the site to alter, reconstruct, or make improvements to the building that would not require Design Reviews (please see and compare TMC 18.10 -055, 18.30.070, & 18.36 -080). Further, some types of structures could be built in the future that will not be subject to the comments of concerned citizens and of the neighborhood. As you know, I live next to the Sabey Corporation's emergency power generator building and I certainly would not want to see the zoning changed and possibly force other neighbors to live with something;similar. Lastly, please take careful note and atteption to how zoning would affect Basic Development Standards as laid out in TMC 18.10 -060, 18.30.080, and 18.36.080. Again, with the close proximately to residential neighborhoods, changing the zoning will create unwanted and unnecessary problems. Cordially, reg Sherlock cc: Ms. Mieke Tazelaar Ms. Gina Nielsen Mr. Robert SQrr%ho.rdt Mr. Steve Mullet, Mayor City of Tukwila Attachment C N ro TR S ate - 0o �G7 VCt.r C 9'J2 -2 -0 C—cry C 38 ' N COO ,c X --- N c/a =C 140 10 7 .R 8 PCL11 "D" !1 17 :6 26 7 18 ------------ --0-- -- - - -- --- --y= - --- -- D0 25 - - - --- 8 — - -- -- 1a 10 JO .0 1.ao .0 �C 3720's • :53554s 8 :250045 :7: 5250 +s 9 557Q4 70 1)a 12 S 125TH ST 0 0 14 15 $0 .0 MJ0 3 7 '6 3. f0 i0 C U0 i t S: Iii 3 4245 • 9 AuL9 • .0 =4004 S 126TH ST J0 Some potential options that are being considered: 1. Chance LDR to C /LI. Chance LDR to C /LI and change C /LI(north of S.126`h St.) to MIC /L. Change all of C /LI & LDR to MIC /L. This would create MIC /L zoning for the entire lot. r0 H c j� d ll f-a . 1070 5 SEC 12.110 Attachment D S s/C{ July 16, 2004 City of Tukwila tla Steven M Mullet, Mayor Department of Community Development Steve Lancaster, Director Parties of Record for Sabey Comprehensive Plan amendment & Rezone request Re: Comprehensive Plan amendment & rezone request by Sabey Corporation for Comprehensive Plan map change and zoning designation change from LDR to C /LI at the property located between Tukwila International Boulevard and 34th Avenue South. File Numbers: L 03 -078 and E04 -004. Dear Parties of Record: The Planning Commission deliberated on the above mentioned request on June 24, 2004, and recommended denial of the rezone request to the City Council. The Planning Commission will finalize their decision on this item on July 22, 2004, at 6:00 p.m. in the City Council Chambers located at 6200 Southcenter Boulevard. At this meeting the Planning Commission will finalize and approve their recommendation. This information will then be forwarded to the City Council for review. The City Council will then hold another public hearing to receive public input. You will be informed of the hearing when it is scheduled. Attached is a copy the memo that has been provided to the Planning Commission at this time. Also, attached is an agenda for the July 22, 2004 meeting. If you have any further questions/ concerns or would like to see additional information in the file at this time you can reach me at 206 - 431 -3685 or by email at mdhaliwal@ci.tukwila.wa.us. Thank you for providing input on this issue. Sincerely, Minnie Dhaliwal Senior Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Robert and Sharon Berhardt 3418 South 126th Street Tukwila WA 98168 Gina Nielson 12527- 35th Avenue South Tukwila WA 98168 A.R. Pete & Carla Pete 12614- 35th Avenue South Tukwila WA 98168 Mr. & Mrs. Sam Alvarez 12624 -35th Avenue South Tukwila WA 98168 Phillip A Hibbs 12633 -37th Avenue South Tukwila WA 98168 Laurie Ridley 12633 -37th Avenue South Tukwila WA 98168 Troy C Wallin 12607 E. Marginal Way South Tukwila WA 98168 Gina Vale 12607 E. Marginal Way South Tukwila WA 98168 Victoria Erwin 12601 E. Marginal Way South Tukwila WA 98168 Paul Jones 12601 E. Marginal Way South Tukwila WA 98168 Mieke Tazelaar Po 00,2 .6 g 6 03 ,n 12624 -3 th Avenue South :eAl /�- 6 876r Tukwila 98168 Mr. & Mrs. Brian Kennedy • 12802 -37`h Avenue South Tukwila WA 98168 Wilma Patapoff 3703 South 126th Street Tukwila WA 98168 Greg Sherlock 12435 Tukwila International Boulevard Tukwila WA 98168 Cizy of Tukwila ATTACHMENT 3 Steven M - Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM To: The Planning Commission From: Minnie Dhaliwal Re: File Number L03 -078; Comprehensive Plan map change and rezone request from LDR to C /LI. Date: July 14, 2004 Background The Planning Commission was briefed on this request on March 25, 2004, and a public hearing was held on May 20, 2004. At the hearing the Planning Commission extended the time to submit additional written testimony and closed the hearing. No additional written testimony was received. On June 24, 2004, the Planning Commission deliberated on this request. The Planning Commission analyzed the following five options: Option 1- Change LDR portion to C /LI. Option —2- Change LDR portion to C /LI and change C/LI (north of S. 126`h) to MIC /L. Option -3- Rezone the entire lot MIC/L. Option 4- Rezone the entire lot C /LI. Option 5- Conditional Rezone. a After analyzing the different options and receiving public input, the Planning Commission recommended denial of the Comprehensive Plan map change and rezone request and wanted the property to stay as LDR. This decision was based on the following factors: • There was no compelling reason for the rezone since the applicant was not proposing to use it for parking at this time but only at a future time. It may be prudent to wait and see how everything fits together and see how the building operates. If in the future the applicant decides to add the parking stalls then the applicant could request a rezone at that time. • There were concerns with potential future access to 34th Avenue South in case the property was zoned commercial or industrial and its impact on the residential neighborhood. 6300 Southcenter Boulevard, Suite #100 . • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • The request to rezone is in conflict with Goal 7.3 Overall Land Use Pattern: "A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses ". • Comprehensive Plan Policy 11.1.6 states, "Develop and designate appropriate zoning, buffers, mitigation, and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment ". This goal has been adequately achieved based on the Conditional Use permit that was approved for the Department of Homeland Security. • While there was some merit in cleaning up the zoning for the subject site but when balancing the housekeeping aspects with neighborhood opposition and other concerns, there was not a convincing reason to rezone the property at this time. Next Step Staff requests that the Planning Commission finalize and approve their recommendation to deny the Comprehensive Plan map change and rezone request. This information will be forwarded to the City Council for review. We anticipate that the City Council will make its final decision by December 1, 2004. 2 June 18, 2004 Cizy of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Parties of Record for Sabey Comprehensive Plan amendment & Rezone request Re: Comprehensive Plan amendment & rezone request by Sabey Corporation for Comprehensive Plan map change and zoning designation change from LDR to C/LI at the property located between Tukwila International Boulevard and 34th Avenue South. File Numbers: L 03 -078 and E04 -004. Dear Parties of Record: The Planning Commission on May 20, 2004, held a public hearing, on the above - mentioned request. After the hearing the Planning Commission had asked the staff to look at two other options; one was to rezone the entire lot C/LI and the second was to do a rezone with additional conditions. Attached is a copy of the staff report that has been provided to the Planning Commission at this time. The Planning Commission will deliberate on this item on June 24, 2004, at 6:00 p.m. in the City Council Chambers located at 6200 Southcenter Boulevard. Also, attached is an agenda for the meeting. If you have any further questions/ concerns or would like to see additional information in the file at this time you can reach me at 206 -431 -3685 or by email at mdhaliwal a ci.tukwila.wa.us. The public hearing was closed on May 20, 2004, but you are welcome to attend the Planning Commission deliberations. Thank you for providing input on this issue. Sincerely, Minnie Dhaliwal Senior Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Ciiy of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM To: The Planning Commission From: Minnie Dhaliwal Re: File Number L03 -078; Comprehensive Plan map change and rezone request from LDR to C /LI. Date: June 16, 2004 Background The Planning Commission was briefed on this request on March 25, 2004, and a public hearing was held on May 20, 2004. At the hearing the Planning Commission extended the time to submit additional written testimony and closed the hearing. Since the hearing no additional written testimony was received. At the last meeting the Planning Commission asked staff to look at two other options, one was to rezone the entire lot C /LI and the second was to do a rezone with additional conditions attached such as larger setbacks and additional landscape buffer requirements. Rezone the entire lot C /LI Attached to this memo is Attachment H, which is the matrix analyzing the three previously discussed options and the fourth option to rezone the entire lot C /LI. Also, attached is Attachment I that lists the various uses allowed in LDR, C /LI and MIC /L. Attachments A through G were included with the staff reports prepared for March 25, 2004, and May 20, 2004 meetings. Please note that the highlighted columns in Attachment K indicate the differences between C /LI and MIC /L. There are approximately 34 commercial uses that are allowed in C /LI as outright permitted or as conditional uses, which are not allowed in MIC /L. Offices over 20,000 square feet are permitted outright in C /LI and are subject to Conditional Use Permit in MIC /L. The list of uses that are allowed in MIC /L but not permitted in C /LI include, "Outdoor Storage of Materials "; "Fermenting and Distilling "; "Heavy Metal Processes" (conditional use); "Railroad yards" and "Transfer stations" (unclassified uses). 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 If the entire property is zoned C/LI, the "planned action" option for SEPA review would not apply to the property, as it is only applicable to the outright permitted uses in MIC /L and MIC/H zones. Further since the property is developed for an office use, which is permitted outright in C /LI, any major redevelopment will not require a Conditional Use permit. Therefore the city will loose the ability to require additional mitigation measures (above and beyond standard code requirements) if it is determined there are adverse impacts to the adjoining properties. Conditional Rezone Regarding conditional rezone, the city attorney has advised the staff that the city does not have any authority to impose conditions on a re -zone under state law or our own code. Alternatively, staff could consult with the applicant about a development agreement after the Planning Commission decides what conditions they would like to impose on the project. If the applicant agrees, the rezone could be approved. If no agreement is reached, the city really has no authority to condition a rezone, but only to grant it or deny it. In terms of what additional conditions may be imposed, please note that the existing zoning code has provisions for additional landscape and structural setbacks when any commercial or industrial zone is within 50 feet of a residential zone. In such situations the required landscape buffers are increased to 15 feet and the structural setbacks are 15', 20' and 30' for the 1St, 2nd and 3`d floors respectively. These additional buffer and setback requirements are the same in C/LI and MIC/L zones. Conclusions Option 1- Change LDR portion to C/LI: The lot will still have split zoning of C/LI and MIC/L. Option —2- Change LDR portion to C/LI and change C /LI (north of S. 126th) to MIC /L: The lot will still have split zoning of C /LI and MIC /L. However there will be some logical split line (S. 126th Street). Option -3- Rezone the entire lot MIC/L: This option eliminates split zoning problem and the existing office development on the property will be subject to a Conditional Use permit for any major redevelopment. There are only a couple of more intensive uses that are allowed in MIC/L, which are not allowed in C/LI. Those uses are either Conditional Uses or Unclassified Uses and subject to a public review process. The Planning Commission or the City Council will have the ability to approve, deny or impose conditions in the event such uses are proposed. 2 Option 4- Rezone the entire lot C/LI: This option eliminates split- zoning problem. However the existing office development will be permitted outright and would not be subject to a Conditional Use permit process, which is a public review process and the gives the authority to the Planning Commission to take into consideration and require mitigation for any impacts to the adjoining area or even deny the proposal if there are adverse impacts that cannot be mitigated. In addition to changing the zoning designation, the MIC sub -area plan document would need to be amended to exclude the area since the "planned action" option for SEPA is only applicable to outright permitted uses in MIC/L and MIC/H zones. Option 5- Conditional Rezone: This option is not legal. However a developer's agreement can be pursued after a decision is made on what conditions need to be imposed. The existing code already has provisions for additional landscape and setback requirements. Staffs recommendation Staff recommends Option 3, to rezone the entire lot MIC /L. Based on comments received after the Planning Commission deliberates on this request, staff will prepare an ordinance for your review. 3 Minnie Dhaliwal - Sabey Page 1 From: "Joseph Schultz" <asstatty @ci.tukwila.wa.us> To: <mdhaliwal @ci.tukwila.wa.us> Date: 6/10/04 11:52AM Subject: Sabey Minnie, I talked this issue over with Mike Kenyon and Shelley Kerslake. The old concept of the contract re -zone has been replaced almost entirely by the development agreement. In effect, the re -zone goes ahead without conditions, but the developer agrees to enter into the development agreement wherein the conditions are imposed. We don't really have any authority to impose conditions on a re -zone under state law or our own code. So, I think what you should tell the commission is that the best way to effectuate their goal would be to have staff consult with the developer about a development agreement after we know what conditions they would like to impose on the project. If the developer is agreeable, the problem should be solved. If no agreement can be reached, we really have no authority to condition a rezone, but only to grant or deny. I hope this helps. Please contact me with any follow -up questions. Joe. Joseph C. Schultz Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah, Washington 98027 425/392 -7090 - phone 425/392 -7071 - fax Joe @KenyonDisend.com May 14, 2004 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Parties of Record for Sabey Comprehensive Plan amendment & Rezone request Re: Comprehensive Plan amendment & rezone request by Sabey Corporation for Comprehensive Plan map change and zoning designation change from LDR to C/LI at the property located between Tukwila International Boulevard and 34th Avenue South. File Numbers: L 03 -078 and E04 -004. Dear Parties of Record: The above - mentioned application is scheduled for a public hearing by the Planning Commission on May 20, 2004 at 7:00 p.m. in the City Council Chambers located at 6200 Southcenter Boulevard. Attached is a copy of the staff report that has been provided to the Planning Commission at this time. Also, attached is an agenda for the meeting. If you have any further questions/ concerns or would like to see additional information in the file at this time you can reach me at 206 - 431 -3685 or by email at mdhaliwal @ci.tukwila.wa.us. You can also come to the hearing and give your comments on the proposal before the Planning Commission. Thank you for providing input on this issue. Sincerely, Minnie Dhaliwal Senior Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 City of Tukwila Steven M. Mullet, Mayor April 22, 2004 Department of Community Development Steve Lancaster, Director Parties of Record for Sabey Comprehensive Plan amendment & Rezone request Re: Comprehensive Plan amendment & rezone request by Sabey Corporation for Comprehensive Plan map change and zoning designation change from LDR to C/LI at the property located between Tukwila International Boulevard and 34th Avenue South. File Numbers: L 03 -078 and E04 -004. Dear Parties of Record: We have received your written comments regarding the above - mentioned application and are in the process of reviewing them. This item is scheduled for a public hearing by the Planning Commission on May 20, 2004 at 7:00 p.m. in the City Council Chambers located at 6200 Southcenter Boulevard. Your comments will be provided to the Planning Commission prior to the hearing. You may also provide comments at the hearing before the Planning Commission. Also, at this time we are issuing a SEPA Determination of Non - Significance for this project. The SEPA determination is attached to this letter. Thank you for providing input on this issue. You will receive copies of any decision made by the City regarding this Comprehensive Plan amendment and rezone request. If you have any questions, you can reach me at 206 - 431 -3685. Sincerely, Minnie Dhaliwal Senior Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington. 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 April 16, 2004 Mieke Tazelaar 12624 34th Av. S. Tukwila, WA 98168 To: Ms. Minnie Dhaliwal City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 -2544 Dear Ms. Dhaliwal, We spoke a few days ago, but I did not have my notes of before me, and have since received the letter that Greg Sherlock wrote to you. I have several concerns about the proposed rezoning across the street from me between Pacific Highway South and 34th Ave. I like my seclusion and the fact that my house does not show from the highway, and I would like to keep it that way. A parking lot would expose my house, not only to the highway, but to the people who park their cars in that area. I have been disappointed, also, with the landscaping across the street from me. The wall is formidable and ugly and the trees planted for a "buffer" will take years to grow large enough to soften that look. One of the reasons I bought my house years ago was because of its seclusion, but I am afraid that I am losing that, and I will have less options for a good price when I decide to sell my house. For the above reasons, I request that you re- consider your option to change the zoning in my area. Sincerely, (•° Mieke Tazelaar • FAX April 5, 2004 To: Office of Code Enforcement 6300 Southcenter Blvd., #100 Tukwila, WA 98188 206 431 -3682 Fax: 206 431 -3665 Email: tukcode@ci.tukwila.wa.us Kathryn Stetson Code Enforcement Officer • RE: Construction Activities at Homeland Defense Building Located at or about the 125th Block of Tukwila International Boulevard Please accept this facsimile as a written complaint for noise violations emanating from the construction activities at the Homeland Defense Building located at the 125th Block of Tukwila International Boulevard. On or about March 26, 2004 construction noises began at approximately 6:30 AM. A telephone voice mail complaint was made to the Tukwila Office of Code Enforcement. Joyce responded to my complaint and informed me that she was attempting to contact the management of construction activities and that creating construction noises at this hour was in violation of city codes. On or about April 2, 2004 construction noises began at approximately 6:20 AM. On or about April 5, 2004 construction noises began at approximately 6:15 AM. A telephone voice mail complaint was made to the Tukwila Office of Code Enforcement the same day. Be advised that the contractor has on numerous other dates that those mentioned herein operated and conducted construction activities that created noise in violation of city codes. The contractor in charge of the construction site is in clear violation of Tukwila Code 8.22 and probably other statutes, codes and /or laws as well. Under no circumstances should the City of Tukwila accept a "variance" for these construction activities. Please immediate have the contractor cease creating construction and other illegal noises out of the established and accepted city guidelines. Greg Sherlock 12435 Tukwila International Boulevard Tukwila WA 98168 cc: Minnie Dhaliwal, City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF APPLICATION AND PUBLIC HEARING Dated April 2, 2004 The following applications have been submitted to the City of Tukwila Department of Community Development for review and decision. This application is scheduled for a pubic hearing on May 20, 2004 at 7:00 p.m. in the Council Chamber at the City Hall. APPLICANT: David Evans & Associates for Sabey Corporation. LOCATION: The property is located at the western terminus of South 126`h Street and between Tukwila International Boulevard and 34th Avenue South. This property is part of the Department of Homeland Security property currently under construction at Intergate East. Tax lot number 7340600602. FILE NUMBERS: L03 -078 (Comprehensive Plan Amendment & Rezone) and E04 -004 (SEPA) PROPOSAL: Applicant has requested that the Comprehensive Plan and Zoning designation be changed from Low Density Residential (LDR) to Commercial/Light Industrial (C /LI). These files can be reviewed at the Department of Community Development, 6300 Southcenter Blvd., #100, Tukwila, WA. Please call (206) 431 -3670 to ensure that the file(s) will be available. OPPORTUNITY FOR PUBLIC COMMENT The City of Tukwila welcomes both written and verbal comments about the proposed Comprehensive Plan amendment and the associated SEPA application. Some of the options that are being considered are (See attached map): 1. Change Comprehensive Plan designation and Zoning of LDR portion to C /LI. 2.Change C/LI (north of S 126th St.) to MIC /L in addition to changing LDR to C/LI. 3. Change all of C/L1 & LDR to MIC /L. This would create MIC/L zoning for the entire lot. You must submit your comments in writing to the Department of Community Development, by 5:00 p.m. on April 16, 2004. Please address comments to Minnie Dhaliwal, 6300 Southcenter Boulevard, Suite 100, Tukwila WA 98188 or via e-mail to mdhaliwal @ci.tukwila.wa.us. This matter is also scheduled for a public hearing on May 20, 2004, at 7:00 p.m. in the Council Chambers at City Hall, 6200 Southcenter Boulevard, Tukwila, WA. If you are interested in attending the hearing, please contact the Department at (206) 431 -3670 to ensure the hearing is still scheduled for this date. If you cannot submit comments in writing by April 16, 2004, you may still appear at the hearing and give your comments on the proposal before the Planning Commission. If you have questions about this proposal contact Minnie Dhaliwal at 206 - 431 -3685. Anyone who submits written comments will become parties of record and will be notified of any decision on this project. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 VICINITY MAP NO SCALE 3 t 00 SABEY CORPORATION L /CI COMPREHENSIVE PLAN AMENDMENT AND REZONE yN� NCO 1 O 0 TRS Sp--g 'CD ,j T �..„ V / vct 902 -210 N- � N NAJO 38 Li �-- mo x � I 0 7 8 :80 200 321 If 10 r PCL ii" D" :5 ;t9.7• "7? J.30 =C 14 i3 26 780 -------------------------- 25 7 '80 8 10 U 0 Jo S 125TH ST 0 ,0 13 1 a 12 11 ,0 15 50 ;0 MJO 37 50 O 1 10 , JO '712215i 5.37 IC 16 2° 2 50 .0 DVC A L S: 7342 "s 170 3 07 C ''O_ 20- =8 5 =;cc 4 °....4s 0 ` - 3400' 11 Some potential options that are being considered: 1. Change LDR to C /LI. Chance LDR to C /LI and change C /LI(north of S.1 26th St.) to MIC /L. :0 3. Change all of C /LI & LDR to MIC /L. This would create MIC /L zoning for the entire lot. 5730's 10700 s 40 E05 9's SEC L AS SHOWM 9T ?1-41> .. 52J1.50 20 Option 1- Change Comprehensive Plan designation and Zoning of LDR portion to C/LI. Option 2- Change C /LI (north of S 126th St.) to MIC /L in addition to changing LDR to C /LI. Option 3- Change all of C/LI & LDR to MIC /L. This would create MIC/L zoning for the entire lot. Uses allowed This would allow a number of commercial and light industrial uses in the portion currently zoned LDR. It would allow the applicant to add 20 parking stalls. This would allow a number of commercial and light industrial uses in the portion currently zoned LDR. It would allow the applicant to add 20 parking stalls. Office use is listed as a permitted use in C/LI. Under MIC/L, it is permitted up to 20,000 -sq. ft. and over 20,000 -sq. ft. is a listed as a conditional use. All manufacturing uses under MIC/L are permitted under C/LI except manufacturing, processing, assembling previously prepared metals including stamping, dyeing, shearing etc. The other manufacturing use that is not permitted in C/LI but is allowed under MIC /L is fermenting/distilling.. It would allow the applicant to add 20 parking stalls. Setbacks: front, sides, rear 20',5',10' Front -25', Second front 15, Side and Rear -1ST flr- 15', 2nd flr.- 20',3`d flr -30' Front -25', Second front - 15, Side and Rear -1ST flr - 15', 2nd flr-20, 3rd fir-30' Landscape buffer: front, sides, and rear. None 12.5', 15', 15' 5', 15'05' Process Office is a permitted use. Design review for new developments within 300 feet of residential districts. Commercial structures between 1,500 to 10,000 are reviewed administratively. Office over 20,000 -sq. ft. is a conditional use. Administrative Design review for new developments within 300 feet of residential districts. Noise impacts If source and receiving properties are zoned residential then maximum permissible sound level is 55 dB(A) i If the source property is zoned commercial and the receiving property is residential, the maximum sound level is 57 dB(A). If the source property is zoned industrial and the receiving property is residential, the maximum sound level is 60 dB(A). If the source property is zoned commercial and the receiving property is residential, the maximum sound level is 57 dB(A). If the source property is zoned industrial and the receiving property is residential, the maximum sound level is 60 dB(A). Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION rxi2EREBY DECLARE THAT: ,?( Notice of Public Hearing Determination of Non-Significance Project Name: 3,,t6,61 Notice of Public Meeting — Project Number: 1-0 30 7? Mitigated Determination of Non-'-..' Significance Mailer's Signature: Board of Adjustment Agenda Pkt Person requesting mailing: Determination of Significance &Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice -- ---,-, Short Subdivision Agenda K Notice of Application ' - - Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit * __ __ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 ' Other. -' Was mailed to each of the addresses listed on this g day of year 20 P:GINAWYNETT A/FORMS/AFFIDAVIT-MAIL 08/29/003:31 PM Project Name: 3,,t6,61 — Project Number: 1-0 30 7? Mailer's Signature: Person requesting mailing: rim` e ,i)G24u)6-e P:GINAWYNETT A/FORMS/AFFIDAVIT-MAIL 08/29/003:31 PM CHECKLIST: ENVIRONMENTAL REVIEW /SHORELINE PERMIT MAILINGS FEDERAL AGENCIES ( ) U.S. ARMY CORPS OF ENGINEERS ( ) FEDERAL HIGHWAY ADMINISTRATION ( ) DEPT OF FISH & WILDLIFE () U.S. ENVIRONMENTAL PROTECTION AGENCY ( ) U.S. DEPT OF H.U.D. ( ) NATIONAL MARINE FISHERIES SERVICE WASHINGTON STATE AGENCIES ( ) OFFICE OF ARCHAEOLOGY QQ TRANSPORTATION DEPARTMENT ADEPT NATURAL RESOURCES ( ) OFFICE OF THE GOVERNOR ( ) DEPT OF COMM. TRADE & ECONOMIC DEV. (DEPT OF FISHERIES & WILDLIFE ( ) DEPT OF SOCIAL & HEALTH SERV. ( ) DEPT OF ECOLOGY, SHORELAND DIV ,Q$ DEPT OF ECOLOGY, SEPA DIVISION* pel OFFICE OF ATTORNEY GENERAL * SEND CHKLIST W/ DETERMINATIONS • SEND SITE MAPS WITH DECISION KING COUNTY AGENCIES () BOUNDARY REVIEW BOARD () FIRE DISTRICT #11 () FIRE DISTRICT #2 ( ) K.C. WASTEWATER TREATMENT DIVISION () K.C. DEPT OF PARKS & REC K.C. ASSESSOR'S OFFICE ( ) TUKWILA SCHOOL DISTRICT ( ) TUKWILA LIBRARY () RENTON LIBRARY () KENT LIBRARY ( ) CITY OF SEATTLE LIBRARY ( ) ()WEST ( ) SEATTLE CITY LIGHT ( ) PUGET SOUND ENERGY () HIGHLINE WATER DISTRICT () SEATTLE WATER DEPARTMENT ( ) AT &T CABLE SERVICES () KENT PLANNING DEPT ( ) TUKWILA CITY DEPARTMENTS: () FIRE () FINANCE ( ) BUILDING ( ) MAYOR ( ) PUBLIC WORKS ( ) POLICE ( ) PLANNING ( ) PARKS & REC. ( ) CITY CLERK SCHOOLS /LIBRARIES UTILITIES CITY AGENCIES () HEALTH DEPT () PORT OF SEATTLE () K.C. DEV & ENVIR SERVICES -SEPA INFO CNTR ( ) K.C. TRANSIT DIVISION - SEPA OFFICIAL ( ) K.C. LAND & WATER RESOURCES ( ) FOSTER LIBRARY ( ) K C PUBLIC LIBRARY ()HIGHLINE SCHOOL DISTRICT ( ) SEATTLE SCHOOL DISTRICT () RENTON SCHOOL DISTRICT ( ) OLYMPIC PIPELINE ( ) VAL -VUE SEWER DISTRICT ( ) WATER DISTRICT #20 ( ) WATER DISTRICT #125 ( ) CITY OF RENTON PUBLIC WORKS () BRYN MAWR - LAKERIDGE SEWERIWATER DISTRICT () RENTON PLANNING DEPT 1:4 CITY OF SEA -TAC ( ) CITY OF BURIEN ( ) TUKWILA PLANNING COMMISSION MEMBERS ( ) TUKWILA CITY COUNCIL MEMBERS p(CITY OF SEATTLE - SEPA INFO CENTER - DCLU NI STRATEGIC PLANNING OFFICE* NOTICE OF ALL SEATTLE RELATED PLNG PROJ. OTHER LOCAL AGENCIES ( ) PUGET SOUND REGIONAL COUNCIL ( ) SW K C CHAMBER OF COMMERCE pq MUCKLESHOOT INDIAN TRIBE QL) CULTURAL RESOURCES PROGRAM QC) FISHERIES PROGRAM Q4 WILDLIFE PROGRAM MEDIA ( ) SEATTLE TIMES ( ) SOUTH COUNTY JOURNAL P:\ADMINISTRATIV E \FORMS \CHKLIST.DOC dQ DUWAMISH INDIAN TRIBE () P.S. AIR POLLUTION CLEAN AGENCY () SOUND TRANSIT ( ) DUWAMISH RIVER CLEAN -UP COALITION *SEND NOTICE OF ALL APPLICATIONS ON DUWAMISH RIVER () HIGHLINE TIMES () CI.TUKWILA.WA.US.WWW PUBLIC NOTICE MAILINGS FOR PERMITS SEPA MAILINGS Mail to: (comment period starts on date of mailing) Dept. of Ecology Environmental Review Section *Applicant *Other agencies as necessary (checked off on attached List) *Any parties of record * send only the staff report, site plan and the SEPA Determination • KC Transit Division — SEPA Official would like to receive information about all projects that might affect transit°emand .s, Send These Documents to DOE: SEPA Determination (3 -part from Sierra) Findings (staff report, usu. with MDNS) SEPA Checklist (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) Affidavit of Distribution (notice was mailed or sent to newspaper) SHORELINE MAILINGS: Notice of Application for a Substantial Development Permit must be mailed to owners and to property owners within 500 feet of subject property, comments are due 30 days after the notice of application is mailed/posted. The notice of Application for Shoreline Substantial Development Permit must include a statement that any person desiring to submit written comments on the application or desiring to receive notification of the final decision on the application may do so within 30 days of the notice of application. If a hearing will be held on the application, the hearing notice must include the information that written comments may be submitted, or oral presentation made at the hearing. Shoreline Permit Notice of Decision: Mail to: (within 8 days of decision; 21 -day appeal period begins date received by DOE) Department of Ecology Shorelands Section State Attorney General *Applicant *Indian Tribes *Other agencies as necessary (checked off on attached list). Any parties of record * send only the staff report, site plan and the SEPA Determination Send These Documents to DOE and Attorney General: Permit Data Sheet Shoreline Substantial Development Permit (3 -part from Sierra) Findings (staff report or memo) Shoreline Permit Application Form (filled out by a}Splicant) Drawings/Plans of project (site plan, elevations, etc from PMT's) Site plan, with mean high water mark & improvements — Cross - sections of site with structures & shoreline - Grading Plan - Vicinity map SEPA determination (3 -part from Sierra) Findings (staff report or memo) SEPA Checklist (filled out by applicant) Any background studies related to impacts on shoreline Notice of Application Affidavit of Distribution (notice was mailed) P:\A DM INI STRATI V E \FORMS \CHKLIST. DOC Smooth Feed SheetsTM 092304 9102 Current Occupant 12455 Tukwila International Blvd Tukwila, WA 98168 092304 9439 Current Occupant 3020 S 128th St Tukwila, WA 98168 102304 9062 Current Occupant $116 DuwamishgAve 5 Tukwila, WA 206360 0020 Current Occupant 12527 35th Ave S Tukwila, WA 98168 734060 0621 Current Occupant 12624 34th Ave S Tukwila, WA 98168 734560 0385 Current Occupant 3530 S 126th St Bellevue, WA AVERY® 092304 9116 Current Occupant 12437 Tukwila International Blvd Tukwila, WA 98168 092304 9367 Current Occupant 12301 Pacific Hwy S Tukwila, WA 98168 092304 9475 Current Occupant 2849 12th Ave S Seattle, WA 98144 Address Labels 206360 0036 Current Occupant 3418 S 126th St Seattle, WA 98168 734060 0622 Current Occupant 12633 35th Ave S Tukwila, WA 98168 734560 0430 Current Occupant 12500 35th Ave NE Seattle, WA 98125 734560 0811 Current Occupant 3525 S 126th St Seattle, WA 98168 Use template for 5160"' 092304 9117 Current Occupant 12471 Tukwila International Blvd Tukwila, WA 98168 092304 9438 Current Occupant 12605 Pacific Hwy S Tukwila, WA 102304 9061 Current Occupant 11321 E Marginal Way S Tukwila, WA 162304 9001 Current Occupant 12844 Military Rd S Tukwila, WA 98168 734060 0620 Current Occupant 12630 34th Ave S Seattle, WA 98168 734060 0623 Current Occupant 12613 35th Ave S Tukwila, WA 98168 734560 0810 Current Occupant 3535 S 126th St Seattle, WA 98168 734560 0830 Current Occupant 12621 37th Ave S Seattle, WA 98168 Laser 5960TM Smooth Feed SheetsTM Use template for 5160® 734560 0840 Current Occupant 12633 37th Ave S Tukwila, WA 98168 734560 0860 Current Occupant 12624 35th Ave S Tukwila, WA 98168 735960 0140 Current Occupant 12820 35th Ave S Seattle, WA 98168 735960 0155 Current Occupant 12804 35th Ave S Tukwila, WA 98168 735960 0180 Current Occupant 12824 34th Ave S Tukwila, WA 98168 735960 0280 Current Occupant 12801 35th Ave S Tukwila, WA 98168 735960 0335 Current Occupant 12910 33rd PI S Seattle, WA 98168 735960 0375 Current Occupant 12933 Tukwila International Blvd Tukwila, WA 98168 734560 0850 Current Occupant 12632 35th Ave S Seattle, WA 98168 734560 0870 Current Occupant 3519 S 126th St Tukwila, WA 98168 735960 0010 Current Occupant 3513 S 128th St Tukwila, WA 98168 735960 0145 Current Occupant 12816 35th Ave S Seattle, WA 98168 735960 0160 Current Occupant 12810 34th Ave S Tukwila, WA 98168 735960 0195 Current Occupant 12834 34th Ave S Tukwila, WA 98168 735960 0265 Current Occupant 12823 35th Ave S Tukwila, WA 98168 735960 0285 Current Occupant 3425 S 128th St Tukwila, WA 98168 735960 0345 Current Occupant 12840 33rd PI S Tukwila, WA 98168 735960 0875 Current Occupant 12803 34th Ave S Tukwila, WA 98168 734560 0855 Current Occupant 3510 S 128th St Tukwila, WA 98168 734560 0871 Current Occupant 12614 35th Ave S Tukwila, WA 98168 735960 0015 Current Occupant 3519 S 128th St Tukwila, WA 98168 735960 0150 Current Occupant 12810 35th Ave S Seattle, WA 98168 735960 0175 Current Occupant 12816 34th Ave S Tukwila, WA 98168 735960 0245 Current Occupant 12839 35th Ave S Tukwila, WA 98168 735960 0270 Current Occupant 12811 35th Ave S Seattle, WA 98168 735960 0320 Current Occupant 12927 33rd PI S Seattle, WA 98168 735960 0355 Current Occupant 12916 33rd PI S Tukwila, WA 98168 Ii! \I AVERY® Address Labels Laser 5960TM Smooth Feed SheetsTM Use template for 5160® 734560 0810 Thomas Balzarini 3535 S 126th St Seattle, WA 98168 734560 0840 Phillip Hibbs 12633 37th Ave S Tukwila, WA 98168 734560 0860 Karen Wilkinson 15404 Des Moines Memorial Dr Burien, WA 98148 734560 0871 Lynn Lafave 29023 220th PI SE Black Diamond, WA 98010 735960 0015 Virginia Tighe PO Box 68206 Seattle, WA 98168 735960 0150 Thav Savandy 12810 35th Ave S Seattle, WA 98168 735960 0175 �• Stacy Hilliard 12816 34th Ave S Tukwila, WA 98168 735960 0270 Roman Turchiniak & Stanley Holmes 12811 35th Ave S Seattle, WA 98168 735960 0290 Kusmal Kumar PO Box 1461 Renton, WA 98057 irill Au=ravcib AAAr1rccc 1 3hcic 734560 0811 Diana Dooper 3525 S 126th St Seattle, WA 98168 734560 0850 Karen Wilkinson 12632 35th Ave S Seattle, WA 98168 734560 0870 Dennis & Barbara Pettit 3519 S 126th St Tukwila, WA 98168 735960 0005 Caleb Heinselman 3513 S 128th St Tukwila, WA 98168 735960 0140 Quang Khai & Lizhen Tran 12820 35th Ave S Seattle, WA 98168 735960 0155 Melanie C 1280 th Ave S wila, WA 98168 735960 0180 Kao & Lai Saelee 2601 Humphrey Ave Richmond, CA 94804 735960 0250 David Pillsbury 12829 35th Ave S Seattle, WA 98168 735960 0280 Tuyen & Thanh Tran 12801 35th Ave S Tukwila, WA 98168 734560 0830 Cheryl Costello 12621 37th Ave S Seattle, WA 98168 734560 0855 Karen Wilkinson 3510 S 128th St Tukwila, WA 98168 734560 0871 Lynn Lafave 29023 PI SE iamond, WA 98010 735960 0145 Kim T Dinh 12816 35th Ave S Seattle, WA 98168 735960 0160 Dennis Smith PO Box 68753 Seattle, WA 98168 735960 0195 Leroy Loiselle PO Box 412 Falls City, OR 97344 735960 0265 Charles & Eufrosina Reinholz 12823 35th Ave S Tukwila, WA 98168 735960 0285 Lars Larsen PO Box 68085 Seattle, WA 98168 735960 0320 Norma Lewin 12927 33rd PI S Seattle, WA 98168 1 mcnr Cp411TM 092304 9102 E Keith Helms 12455 Tukwila International Blvd Tukwila, WA 98168 092304 9439 Union Gospel Mission 3020 S 128th St Tukwila, WA 98168 102304 9062 Northrn Santa Fe Burlington S 116 Duwamish St Ave Tukwila, WA 206360 0020 Robert C Bernhardt 12527 35th Ave S Tukwila, WA 98168 734060 0621 Annemarielu Tazelaal 12624 34th Ave S Tukwila, WA 98168 734560 0385 International Gateway East Llc 3530 S 126th St Bellevue, WA 092304 9116 Greg Sherlock 12437 Tukwila International Blvd Tukwila, WA 98168 092304 9475 Boulevard Park Place L L C 2849 12th Ave S Seattle, WA 98144 206360 00 R Bern • : rdt 34 126th St Seattle, WA 98168 734060 0622 Asegid Feseha & Abebe Tesfay 12633 35th Ave S Tukwila, WA 98168 734560 0430 Internatio Gateway East Llc 12500 th Ave NE Seat WA 98125 092304 9117 Keith Helms 12471 Tukwila International Blvd Tukwila, WA 98168 092304 9438 Dermestes Llc 12605 Pacific Hwy S Tukwila, WA 102304 9061 City Of Seattle City Light 11321 E Marginal Way S Tukwila, WA 162304 9001 Community Hospital Highline 12844 Military Rd S Tukwila, WA 98168 734060 0623 Robert C Bernhardt 12613 35th Ave S Tukwila, WA 98168 AVERY® Address Labels Laser 5960TM Smooth Feed SheetsTM Use template for 5160® 734560 0840 Phillip Hibbs 12633 37th Ave S Tukwila, WA 98168 734560 0860 Karen Wilkinson 12624 35th Ave S Tukwila, WA 98168 734560 0871 Lynn Lafave 12614 35th Ave S Tukwila, WA 98168 735960 0140 Quang Khai & Lizhen Tran 12820 35th Ave S Seattle, WA 98168 735960 0155 Melanie Clark 12804 35th Ave S Tukwila, WA 98168 735960 0180 Kao & Lai Saelee 12824 34th Ave S Tukwila, WA 98168 735960 0280 Tuyen & Thanh Tran 12801 35th Ave S Tukwila, WA 98168 735960 0335 Peter & Janice Torge 12910 33rd P1 S Seattle, WA 98168 735960 0375 Sophath Muth 12933 Tukwila International Blvd Tukwila, WA 98168 1 _I 1 II 734560 0850 Karen Wilkinson 12632 35th Ave S Seattle, WA 98168 734560 0870 Dennis & Barbara Pettit 3519 S 126th St Tukwila, WA 98168 735960 0010 Caleb Heinselman 3513 S 128th St Tukwila, WA 98168 735960 0145 Kim T Dinh 12816 35th Ave S Seattle, WA 98168 735960 0160 Dennis Smith 12810 34th Ave S Tukwila, WA 98168 735960 0195 Leroy Loiselle 12834 34th Ave S Tukwila, WA 98168 735960 0265 Charles & Eufrosina Reinholz 12823 35th Ave S Tukwila, WA 98168 735960 0285 Lars Larsen 3425 S 128th St Tukwila, WA 98168 735960 0345 Richard Lewin 12840 33rd PI S Tukwila, WA 98168 735960 0875 Leroy Loiselle 12803 34th Ave S Tukwila, WA 98168 734560 0855 Karen Wilkinson 3510 S 128th St Tukwila, WA 98168 734560 0871 Lynn Lafave 12614 35th Ave S Tukwila, WA 98168 735960 0015 Virginia Tighe 3519 S 128th St Tukwila, WA 98168 735960 0150 . Thav S�yaly 35th Ave S Seattle, WA 98168 735960 0175 Stacy Hilliar 12816 3 Ave S T ila, WA 98168 735960! 45 Da . Pillsbury 839 35th Ave S Tukwila, WA 98168 735960 0270 Roman Turchiniak & Stanley Holmes 12811 35th Ave S Seattle, WA 98168 735960 0320 Norma Lewin 12927 33rd PI S Seattle, WA 98168 735960 0355 Montana ter 12916 rd P1 S Tukwila, WA 98168 1 rrnenTM Smooth Feed Sheets Pa 092304 9439 Union Gospel Mission PO Box 202e110 St Seattle, WA 98111 102304 9062 Northm Santa Fe Burlington PO Box 96189 Fort Worth, TX 76161 206360 0025 Robert C Be • . rdt 3418 S • St Tu, a, WA 98168 734060 0620 Coleen & Anderson Coleen Fka 12630 34th Ave S Seattle, WA 98168 ra AVERY® Address Labels 092304 9116 Greg Sherlock 12435 Pacific Hwy S Tukwila, WA 98168 092304 9367 International Gateway West Llc 12301 Pacific Hwy S Tukwila, WA 98168 092304 9475 Boulevard Park Place L L C 4731 12th Ave NE Seattle, WA 98105 206360 0005 Robert C Ber rdt 3418 S th St Tu a, WA 98168 734060 0621 Annemarielu Tazelaal PO Box 68603 Seattle, WA 98168 734560 0430 International Gateway East Llc 12500 35th Ave NE Seattle, WA 98125 use template tor 5160w 092304 9117 Keith Helms 2400 Perkins Ln W Seattle, WA 98199 092304 9438 Dermestes Llc 470 S Kenyon St Seattle, WA 98108 102304 9061 City Of Seattle City Light 700 5th Ave #2808 Seattle, WA 98104 102304 9080 Sabey Corporation 4th Floor Seattle, WA 98168 162304 9001 Community Hospital Highline 16251 Sylvester Rd SW Seattle, WA 98166 734060 0622 Asegid Feseha & Abebe Tesfay 19115 130th Ave SE Renton, WA 98058 Laser 5960TM mootn reea Sneets ' m Use template for 5160"' 735960 0335 Peter & Janice Torge 12910 33rd PI S Seattle, WA 98168 /Ii AVERY® Address Labels 735960 0345 Richard Lewin 12840 33rd PI S Tukwila, WA 98168 735960 0355 Montana Co 129163 Pl S Tu a, WA 98168 735960 0876 Northwestern Trust Investors Advisory 1201 3rd Ave #2010 Seattle, WA 98101 735960 0349 Montana Cooter 12916 33rd P1 S Tukwila, WA 98168 735960 0375 Sophath Muth 12933 33rd PI S Tukwila, WA 98168 Laser ig0TM Brian and Philomena Kennedy 12802 37 Av S Tukwila, WA 98168 Gina Nielson 12527 35 Av S Tukwila, WA 98168 Charlotte Cloutier 4058 S. 128th Street Tukwila, WA 98168 Albert and Carla Petes 1261435AvS Tukwila, WA 98168 Brian and Michelle Herman 3505 S. 126th Street Tukwila, WA 98168 Michelle Burkholder 3725 % S. 126th Street Tukwila, WA 98168 Robert and Sharon Bernhardt 3418 S. 126th Street Tukwila, WA 98168 Bob Fadde Lance Mu ler Associates 130 Lake de, Suite 250 Seattle, A 98122 Mr. & Mrs. Sam Alvarez 12624 35th Avenue South Tukwila, WA 98168 (206)243 -6619 , 4.204,174=4215 w (W)242-1 296 _ Wilma Patapoff 3703 S. 126th Street Tukwila, WA 98168 Linda Hilmas 370 South Reynolds Rd. #8 Othello, WA 99344 Ann and Todd Willis 3717 S. 126th Street Tukwila, WA 98168 Karl Lun . . erg Bargha en Engineers 18215 2 °a Ave. S. Ke WA 98032 Ms. Max Werran 12048 10th Avenue South Tukwila, WA 98168 Phillip Hibbs 12633 37th Avenue South Tukwila, WA 98168 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM February 25, 2004 TO: Tukwila City Council FROM: Steve Lancaster, Department of Community Development SUBJECT: ANNUAL COMPREHENSIVE PLAN AMENDMENTS FOR 2004 Attached with this memo are the proposed annual amendments to the Comprehensive Plan for 2004. There will be a briefing on March 1, 2004 to review the proposals and decision process. A public meeting is scheduled for March 15, 2004 to receive input on the proposed amendments. Introduction We received three applications for annual Comprehensive Plan amendments from private parties by the December 31, 2003 deadline. The applications are as follows: • La Pianta LLC – (File #L03 -077) Tukwila Valley South – The proposal seeks to revise Comprehensive Plan policies relating to the Tukwila Valley South area. • Sabey Corporation —(File #L03 -078) Between 34th Avenue South and Tukwila International Boulevard, south of S. 126th—The proposal to seeks to change land use designation and zoning from Low Density Residential (LDR) to Commercial / Light Industrial (C/LI). This is a new proposal relating to property that is part of the Department of Homeland Security property currently under construction at Intergate East. • Robb Property – (File # L03 -079) 6550 and 6542 Southcenter Boulevard – The proposal seeks to change land use designation and zoning from Low Density Residential (LDR) to Office (0). This proposal was originally considered last year, but was denied with an option to reapply for reconsideration if vehicular access and encroachment issues were resolved by the 12/31/03 application deadline. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 IP Council Consideration The first step in Council's consideration is to evaluate the proposed amendment according to the following review criteria: • Is the issue already adequately addressed in the Comprehensive Plan? • If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? • Is the proposed change the best means for meeting the identified public need? • Will the proposed change result in a new benefit to the community? Following its initial consideration of a proposed amendment, the Council shall take one of the following actions: • Refer the proposal as is to the Planning Commission for further review; • Modify the proposal and refer the Planning Commission for further review; • Defer consideration until a later time; • Reject the proposal. These "threshold" decisions are to be made following the public meeting scheduled for March 15, 2004. Next Steps There will be a briefing before the City Council on March 1, 2004 to review the annual amendment proposals and decision process. A public meeting will take place on March 15, 2004 to receive input on the potential amendments. After the public meeting, the City Council will decide which proposed amendments will be forwarded to the Planning Commission for further consideration. Any proposed amendments that are referred by the Council to the Planning Commission will return before the Council for a final public hearing and a decision at a later date. At that point, the Council may: • Adopt a proposed amendment; • Adopt a modified version of a proposed amendment; or • Reject the amendment. All Comprehensive Plan Update work should be considered and adopted before December 1, 2004, the State's deadline for adopting GMA- related changes. Attachments: 1. La Pianta LLC – (File #L03 -077) Tukwila Valley South 2. Sabey Corporation —(File #L03 -078) 3. Robb Property (File # L03 -079) 6550 and 6542 Southcenter Boulevard – 2 .4 To: From: Subject: Date: City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Tukwila City Council Steve Lancaster 2004 Comprehensive Plan Update February 12, 2004 This memo describes the Annual Amendments to the Comprehensive Plan, as well as the process used to review and adopt them. It also discusses how the GMA Technical Update and Annual Amendment processes will be combined and coordinated in the 2004 Comprehensive Plan Update. The accompanying memo (Attachment 2) includes a draft resolution which adopts a public involvement program and work plan for the 2004 Comprehensive Plan Update process, including the GMA Technical Update and Annual Amendments. Background: State law permits jurisdictions to amend their Comprehensive Plan documents no more than once each year, except in emergency situations. This year, Tukwila's Comprehensive Plan amendment process will include two main parts: 1) the Growth " Management Act (GMA)- related Technical Update (i.e. revisions required to comply with provisions of the Washington Growth Management Act) and; 2) Annual Amendments (i.e. changes proposed by members of the public as part of the City's regular process). GMA Technical Update items will include focused revisions to certain elements of the Comprehensive Plan, primarily housing, transportation, natural environment, and utilities. Annual amendments include requests for policy and. map changes from private parties. The GMA Technical Update and Annual Amendments will be combined into a single Comprehensive Plan Update review process. All Comprehensive Plan Update work should be considered and adopted before December 1, 2004, the State's deadline for adopting GMA- related changes. Annual Amendments: We received three applications for annual Comprehensive Plan amendments from private parties by the December 31, 2003 deadline. The applications are as follows: • Robb Property — 6550 and 6542 Southcenter Boulevard - Proposal to change land use designation and zoning from Low Density Residential (LDR) to Office (0). This proposal was originally considered last year, but was denied with an option to reapply for reconsideration if vehicular access and encroachment issues were resolved by the 12/31/03 application deadline. The applicant has submitted some new information for City consideration during CC memo re amdmts 2 -23 -04 mtnx l 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665 this year's review process, but it appears that the outstanding issues are not fully resolved. • Sabey Corporation — Between 34th Avenue South and Tukwila International Boulevard, south of S. 126'h-- Proposal to change land use designation and zoning from Low Density Residential (LDR) to Commercial / Light Industrial (C/LI). This is a new proposal relating to property that is part of the Department of Homeland Security property currently under construction at Intergate East. • La Planta LLC – Tukwila Valley South – Proposal to revise Comprehensive Plan policies relating to the Tukwila Valley South area. Next Steps for Annual Amendments: On February 23 and March 8, 2004, the City Council will be briefed on the annual amendment proposals and decision process. The public will comment on the potential amendments at a meeting to be held on March 15, 2004. Afterwards, the City Council will make a threshold decision on which proposed amendments to refer to the Planning Commission for further review and recommendation. Council Consideration- for Annual Amendments: After holding its public meeting, the Council will evaluate each proposed amendment according to the following review criteria: • Is the issue already adequately addressed in the Comprehensive Plan? • If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? • Is the proposed change the best means for meeting the identified public need? • Will the proposed change result in a new benefit to the community? Following its initial consideration of a proposed amendment, the Council shall make a "threshold decision" consisting of one of the following actions: • Refer the proposal as-is to the Planning Commission for further review; • Modify the proposal and refer the Planning Commission for further review; • Defer consideration until a later time; • Reject the proposal. Coordination of Annual Amendments with GMA Technical Update: Distinct from the Annual Amendments discussed above, staff has reviewed existing Comprehensive Plan policies and evaluated the need for revision based on the Growth Management Act requirements. As a result of the analysis, staff has prepared a draft resolution, public process and work plan for the GMA Technical Update portion of the 2004 Comprehensive Plan Update. State law requires legislative action to adopt the work plan and public process for the GMA Technical Update On February 23, 2004, the City Council will be briefed on the Comprehensive Plan update, including both the Annual Amendments and on the proposed public involvement Cc memo re amdmts 2 -23-04 mtng2 process and work plan for the GMA Technical Update. On March 15, 2004, the City Council will hold a public meeting on the Annual Amendments, and a separate public hearing on the resolution, work plan and public process for the GMA Technical Update. Once the Council is satisfied with the GMA Technical Update work plan and public process, it will pass a resolution to finalize these items. Next Steps: After the City Council makes a threshold decision for the Annual Amendments and adopts the resolution with the GMA Technical Update work plan and public process, all proposed amendments and work items will be forwarded to the Planning Commission for review, public hearing and recommendation. Any proposed amendments that are referred by the Council to the Planning Commission will return before the Council for briefings, a final public hearing, deliberation and a decision prior to the December 1, 2004 deadline set by the State of Washington. At that point, the Council may: • Adopt a proposed amendment; • Adopt a modified version of a proposed amendment; or • Reject the amendment. CC memo re amdmts 2 -23 -04 mmg3 v s Tukwila DCD Feb.10, 2004 2004 COMPREHENSIVE PLAN UPDATE CAP 02 -10-04 COW 02 -23 -04 CC 03 -15 -04 Ping Comm March '04 Ping Comm April '04 Staff May '04 Ping Comm June '04 Ping Comm July '04 CC August '04 Staff September '04 CC September '04 CC October '04 CC November '04 Briefing Briefing Public Hearing on Resolution = (workplan and public participation) Staff Recommended Action: CC to Adopt Resolution Briefing on CC adopted workpian and public participation program Briefing Briefing Public Meeting on Annual Amendment Applications Staff Recommended Action: CC to make "threshold decision" Briefing on Annual Amendments referred by CC Planning Commission Briefings Public Open House(s) Planning Commission Public Hearing(s) and Deliberations Planning Commission adopts Recommendations to CC Brief CAP, COW and CC on Planning Commission Recommendations Public Open House(s) (continue CC briefings and deliberations) City Council Public Hearings (continue CC briefings and deliberations) City Council Deliberations City Council Deliberations, Final Public Hearing (if needed) And Adoption of Ordinance(s) GMA TECHNICAL UPDATE ANNUAL AMENDMENTS • Economic Devei (housing /empl targets) • Robb Property ( "LDR" to "O ") • • Housing (needs /housing targets) • Natural Environment (SAO) • Sabey Corp. ( "LDR" to "C /LI ") • Urban Center (policy update) • Utilities (policy update) • • •La Pianta (TVS Policies) • Transportation (State LOS, policy) • CIP (consolidate and update) Target • Maintenance of Plan (emergencies) Dates • Public Lands CAP 02 -10-04 COW 02 -23 -04 CC 03 -15 -04 Ping Comm March '04 Ping Comm April '04 Staff May '04 Ping Comm June '04 Ping Comm July '04 CC August '04 Staff September '04 CC September '04 CC October '04 CC November '04 Briefing Briefing Public Hearing on Resolution = (workplan and public participation) Staff Recommended Action: CC to Adopt Resolution Briefing on CC adopted workpian and public participation program Briefing Briefing Public Meeting on Annual Amendment Applications Staff Recommended Action: CC to make "threshold decision" Briefing on Annual Amendments referred by CC Planning Commission Briefings Public Open House(s) Planning Commission Public Hearing(s) and Deliberations Planning Commission adopts Recommendations to CC Brief CAP, COW and CC on Planning Commission Recommendations Public Open House(s) (continue CC briefings and deliberations) City Council Public Hearings (continue CC briefings and deliberations) City Council Deliberations City Council Deliberations, Final Public Hearing (if needed) And Adoption of Ordinance(s) AO- P 1' Community and Parks Committee ,'f,.`•' - February 10, 2004 r :\ -, Present: Pam Linder, Chair; Dave Fenton, Joe Duffle ;o.' ' Steve Lancaster, Rebecca Fox, Jack Pace, Lucy Lauterbach �`�� \ , 1. Annual Amendment to the Comp Plan Amendments to the Comp Plan are allowed only `once a year unless there is an emergency. Staff is preparing changes to the Comp Plan, but because of their workload in other areas, they are doing minimal changes to comply with changed Growth Management Act (GMA) regulations, and three requests that have been submitted by members of the public. Anything beyond these issues will need to be proposed for the 2005 budget, as time does not allow more to be done this year. A proposed public participation schedule was reviewed, and the Committee thought it was very thorough. Expanding on the technical changes that will be proposed by staff, Steve went through the update issues briefly, and Rebecca's memo gave a little more detail. Those issues will be an expanded checklist that relies somewhat on the old comp plan EIS. Steve said some issues could be controversial though they won't be major issues. Our comp plan policies will all be reviewed, and them the GMA regulations will be reviewed to see which of our policies needs to be updated. Dave asked how'we could make sure our mailing list reached everyone, and was told the most current list will be used, and anyone who shows an interest in the subject can be contacted. The Hazelnut will also be used to inform citizens about the process. Recommend resolution to COW. • 2. Charles River Associates Contract Since fall of 2001 the City has contracted with Charles River in order to use the extensive knowledge and contracts of Dan Brand who works there. Mr. Brand is a pre - eminent expert in the field of parking, and has helped the City do a bit. of planning for Sound Transit in this field. Now the work will intensify and his help will be more heavily relied on. Steve pointed out that the contract is not inexpensive, but that it is worth every penny. Sound Transit's original documents referenced Mr. Brand, so they can't say he's not creditable. Recommend contract to COW. 3. ECO Northwest contract Two associates from ECO NW have worked with the City as the plans for the TUC and TOD have begun. They are working with the economic and fiscal issues about the two areas. The next phase will take an in -depth look at markets for housing and development 'for the TUC/TOD areas. Whether it will pay to build specific housing and retail in certain areas will be looked at from a perspective of whether or not it makes sense. This company's work is paid through a grant. K Pam raised the issue of this study having large implications, and said it needed to be compared to the Westfield Mall/Klickitat expansion, Tukwila Village, and the Segale developments. All will be vying for city funds, and priorities will need to be set. Pam said it's hard to compare the costs and benefits of all these projects. Recommend contract to COW. ___Committee chair approval r city of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Attachment 2 To: Tukwila City Council From: Steve Lancaster Subj: 2004 Comprehensive Plan Update (Growth Management Act (GMA) Technical. Update & Annual Amendments) Date: February 13, 2004 Backg und: We are proceeding with the 2004 Comprehensive Plan amendment process, including specific revisions related to the Growth Management Act and consideration of three amendments submitted by private parties. All amendments should be adopted by December 1, 2004 to meet the State of Washington's deadline. Due to staffing, workload and scheduling issues we are focusing attention and resources on making technical revisions that are required to make Tukwila's Comprehensive Plan consistent with recent changes to the Washington Growth Management Act (GMA). We have combined the GMA Technical update with our annual amendment review. Work plan and public participation: According to a schedule established by RCW 36.70.A.130(4), each city in Washington must take legislative action to review and, if needed, revise its Comprehensive Plan and development regulations to ensure they comply with the GMA. Cities may use a variety of public processes to fulfill this requirement. The level and amount of review and revision that each city needs varies, depending on factors, such as when the most recent Plan and regulations were adopted. The attachcd resolution adopts a public involvement program and work plan for the 2004 GMA update as required by RCW 36.70A.130. The work plan was developed after staff review and analysis of existing Comprehensive Plan policies and changes to the Growth Management Act. It includes the annual amendments, and GMA required items, as well as issues that need improvement to be consistent with current State planning legislation. We would like your comments on the work plan and schedule, and will incorporate them into the final document. The City Council will hold a public hearing on the work plan on March 15, 2004. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665 1esolution: Once the work plan elements have been agreed on, the resolution can be adopted. We anticipate that this will occur following the March 15, 2004 hearing. The resolution with work plan, public process and schedule will then be conveyed to the Washington Department of Commerce, Trade and Economic Development. G A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A WORKPLAN AND PUBLIC PARTICIPATION PROCESS FOR UPDATING THE COMPREHENSIVE PLAN, PER RCW 36.70A.130. WHEREAS, the Growth Management Act (GMA) of 1990 established Statewide goals, guidelines and procedural requirements to guide the development, coordination and implementation of long -range plans; and WHEREAS, the City, King County, and other jurisdictions within the County adopted Countywide Planning Policies to provide a general framework for the implementation of GMA in King County; and WHEREAS, the City, in order to implement the requirements and goals of GMA and the Countywide Planning Policies, adopted a Comprehensive Land Use Plan and Zoning Code in 1995, with appropriate public notice, involvement and environmental review; and WHEREAS, Tukwila Municipal Code Chapter 18.80 establishes a public process for amending the Comprehensive Plan; and WHEREAS, the Comprehensive Land Use Plan, Zoning Code and associated development regulations have been regularly amended since adoption with public notice, involvement and environmental review; and WHEREAS, the Washington State Growth Management Act requires Tukwila by December 1, 2004 to review, and if needed, revise the Comprehensive Plan and development regulations to ensure they comply with the requirements of the Growth Management Act; and WHEREAS, the Comprehensive Land Use Plan, Zoning Code and other development regulations have been reviewed and analyzed to determine needed revisions based on GMA compliance per RCW 36.70A.130; and WHEREAS, a public participation program has been developed to provide the public with an opportunity to comment on the review and suggest needed revisions of the plan and regulations; and WHEREAS, a work program has been prepared to complete the needed revisions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Public Participation Program for the 2004 City of Tukwila Comprehensive Plan Update (Attachment A), and the Work Program (Attachment B) are hereby approved as the basis for developing the amendments for the Comprehensive Land Use Plan PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2004. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Qerk APPROVED AS TO FORM BY: Office of the City Attorney Comp Plan Workplan 2/5/04 Jim Haggerton, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment A 2004 Public Participation Program Comprehensive Plan /Development Code Update PURPOSE: Involve citizens, businesses and other potentially interested parties in the preparation and adoption of the 2003 -2004 update to the Comprehensive Plan/Development Code ASSUMPTIONS: • Primary goals and objectives will be maintained from current Plan. • Update will focus on elements that require updating per changes to the Washington Growth Management Act. • The secondary focus will be on any additional changes proposed by the public, including map changes and improvements/clarifications of existing Comprehensive Plan and Zoning Code, as part of the annual Comprehensive Plan amendment process. ROLES AND RESPONSBILITIES: City Council: The City Council will provide policy guidance and is the final decision maker for the Comprehensive Plan update. The Council will receive periodic briefmgs on the update, review the Planning Commission recommendation, and adopt amendments to the Comprehensive Plan. The public meeting, open house and hearing will provide public involvement opportunities. The public will be notified of events through direct mailings and legal notices. The City Council's target schedule is: • September, 2003—Briefing (Tukwila Profile, Update Process, Scope and Schedule) • March, 2004 — Public meeting re annual amendments, hearing re GMA workplan • August, 2004 — Briefings - -The City Council will review background materials and proposed amendments. • September, 2004 — Public open house, Public hearings. The City Council will hear and consider public comments. • October, 2004—Deliberations Planning Commission: The Planning Commission will provide policy recommendations for the update and ensure that the public is involved throughout the process through an open house and hearings. The public will be notified of events through direct mailings and legal notices. The Planning Commission's target schedule is: • September, 2003 -- Briefing (Tukwila Profile, Update Process, Scope and Schedule) • April, 2004 — Briefings re background information and proposed, revisions (3) Q; \Comp plan 2004 \Public Involvement Program -- Council 1- 29- 04.doc 1 • May, 2004 – Public open house on background information and proposed revisions May 2004 - Public hearing • June, 2004 — Deliberations • July, 2004 — Recommendation -- The Planning Commission will consider public comments and make a recommendation to the City Council. ADDITIONAL OPPORTUNITIES FOR PUBLIC INVOLVEMENT: In addition to the public open houses, hearings and meetings associated with the Planning Commission and City Council (above), the following are designed to bring the public into the process and solicit their input on Update issues/priorities: • Review results from Vision Tukwila meetings and survey (March/April, 2003) • Consider comments from Tukwila Urban Center workshops (primarily focused on housing issues and transportation element update) (2003 -2004) • Address interested groups as requested (i.e. Southwest King County Chamber of Commerce, November, 2003) • SEPA checklist(s) comment period. Separate environmental review for Sensitive Areas update and other amendments (March/April, 2004) • Prepare regular "Hazelnut" articles focused on the Update (January- December, 2004) • Establish City web page presence and email address for Update (February- December, 2004) • Develop Comprehensive Plan Update mailing list including interested citizens, business owners, others • Distribute Comprehensive Plan Update materials (as available) at City events, (i.e. Tukwila Days, Special Recycling Day, TUC workshops) locations (i.e. Tukwila Community Center). • Prepare press releases as appropriate Q: \Comp plan 2004 \Public Involvement Program -- Council 1- 29- 04.doc 2 Tukwila has among the most affordable housing in the region. Strategies and policies are in place to continue providing Tukwila's fair share of future regional low- and moderate - income housing. Some strategies include: • Smaller lots in single - family zones • Accessory dwelling units allowed on lots at least 7,200 square feet • Increased density allowable through Planned Residential Development • Use of Community Development Block Grant funds to support low- income home repair programs As explained above, the Growth Management Act (GMA) requires individual jurisdictions' plans to be consistent with Countywide Planning Policies, including updated household and employment targets adopted in 2003. Tukwila's population targets are derived from an allocation by the County based on population projections for the state Office of Financial Management. Current targets are more realistic than earlier targets, and reflect a reduction from 6,000 new living units to 3,200. These can be single family houses, apartment or condo units. As required by GMA, Tukwila will need to update the Comprehensive Plan Housing Element and Background Report to include King County's most recent household targets. We will also prepare an updated housing analysis and inventory to guide future policy. Conclusion: Updated household targets, housing inventory and analysis for future needs will be completed as part of GMA Technical Update. II. NATURAL ENVIRONMENT ELEMENT Discussion: Comprehensive Plan Natural Environment element Policies 4.1.4 through 4.3.4 pertain to environmentally - sensitive areas. TMC Chapter 18.45 (Zoning Code Sensitive Areas ordinance) guides development near environmentally sensitive areas such as steep slopes, . wetlands and watercourses. Per RCW 36.70A.172 and .030(5), the City is required to: 1) review the critical (sensitive) areas ordinances to see if they incorporate the best available science and special consideration for anadromous fisheries; 2) identify sources of best available science used to develop the critical areas regulations; and 3) have policies that give guidance to its critical areas regulations, based on best available science. 02/1vo42 Tukwila is in the process of reviewing its Comprehensive Plan policies and Development Codes relating to Sensitive Areas to incorporate "best available science" and consideration of anadromous fish. Tukwila's Sensitive Areas Ordinance (TMC Chapter 18.44) will be updated to incorporate the best available science and special consideration for anadromous fisheries as required in RCW 36.70A.172. The Natural Environment Element of the Comprehensive Plan will be evaluated and updated as necessary, based on best available science to guide policies and regulations for environmentally sensitive areas, including wetlands, fish and wildlife habitat conservation areas, geologically hazardous areas, and frequently flooded areas Conclusion: Tukwila is required to complete this information. Update of Natural Environment Element and, Sensitive Areas Ordinance in progress. III. TUKWILA URBAN CENTER ELEMENT Discussion: The Tukwila Urban Center (TUC) Sub -area Plan, now being prepared, is considered part of Tukwila's Comprehensive Plan. TUC Plan work will set policy direction and contain redevelopment specifics for the Tukwila Urban Center. Sub -area plans may not be inconsistent with the adopted Comprehensive Plan. RCW 36.70A.130(2)(a)(i), amended in 2002, allows a plan amendment more frequently than once a year for "[T]he initial adoption of a sub -area plan that does not modify the comprehensive plan policies and designations applicable to the sub - area." A sub -area plan that does not change Comprehensive Plan policies can be adopted at any time, however a sub -area plan such as the TUC plan which proposes a change in policy may only be considered once a year, together with other proposed comprehensive plan amendments. Policy wording will be ready prior to development guidelines. The entire TUC Plan will not be ready for review and adoption until late 2004 or early 2005, after the December 1, 2004 deadline for amending the Comprehensive Plan has passed. Since the TUC Plan will contain policy changes and will not be completed until later in 2004, it would be necessary to delay Plan adoption by nearly a year, until the 2005 annual amendment process. To avoid this delay and in order to make the most efficient use of staff time, TUC- related policy changes will be considered separate from the rest of the Plan, and included in the 2004 annual Comprehensive Plan update. Once TUC- related policy changes are adopted, the entire TUC Sub -area Plan can be considered and adopted when it is completed in. later 2004 or early 2005, rather than waiting nearly an additional year. Conclusion: The City will revise Tukwila Urban Center policies per guidance of TUC Sub -area Plan work and Background Report update (in progress) III. UTILITIES ELEMENT Discussion: Staff prepared a new Comprehensive Surface Water Management Plan which proposes new or revised policies to the Comprehensive Land Use Plan per 02/i 2/043 revisions to the Growth Management Act. In addition, significant changes have occurred in other City utilities, including telecommunications and solid waste management. Conclusion: Staff will update data and revise policies requiring changes due to preparation and anticipated adoption of the Surface Water Management Plan, as well as any background information which is significantly out of date. IV. TRANSPORTATION ELEMENT • Discussion: Staff review showed that the City has done the following as required by GMA: 1) worked with the regional planning organization to designate the levels of service on highways that are not of statewide significance; 2) incorporated the levels of service set by WSDOT for highways of statewide significance and eliminated these highways from the City's concurrency management system; 3) included an inventory of state transportation facilities in the City's jurisdictional area. In addition, Tukwila uses a variety of transportation strategies such as: Commute Trip Reduction (CTR), Transportation Management Plans (TMP), multi-modal facilities (trails, bus stops, commuter rail). Tukwila has designated LOS for local arterials. It has not as yet designated LOS for Regionally Significant State Highways (non -HSS) as recently required by the Puget Sound Regional Council, and needs to complete traffic estimates to several state -owned facilities, primarily Interstate -5. Conclusion: Most of the GMA requirements are met. However, Tukwila needs to amend the Transportation Element to address the following: • LOS standards for non -HSS, and certain state -owned facilities; • Update planning horizon Include any new or changed policies which result from updates to the Transportation Plan or Concurrency Ordinance. V. CAPITAL FACILITIES ELEMENT Discussion: Staff review of comments made from Washington CTED from the 1995 Comprehensive Plan adoption showed that information on the projected needs, current capacities and funding sources is scattered through various documents and sources. Conclusion: We recommend updating and consolidating capital facilities information to show assets and funding sources more clearly. IV. MAINTENANCE OF THE PLAN ELEMENT Discussion: The City is required to monitor the Comprehensive Plan, including: I) a method for monitoring how well Comprehensive Plan policies and associated development regulations are achieving the goals of the Plan and of the GMA; 2) a process for amending the Comprehensive Plan; and 3) a definition of "emergency" for the purpose of amending the plan or development regulations outside of the yearly amendment process. Amendments must also be coordinated with King County and other cities. 02/1 2/044 Tukwila monitors the effectiveness of its Comprehensive Plan , development regulations and other implementation techniques by addressing needed changes, performing analysis (such as the regular "Buildable Lands" analysis) and completing annual amendments to the Comprehensive Plan and Zoning Code. In addition, the City conducts periodic updates to related functional plans. The City sends a copy of proposed amendments to Washington Department of Community, Trade and Economic Development, other state and regional agencies. Conclusion: The plan monitoring requirements have been met, except for the "emergency amendment." Tukwila needs to specify a definition and process for "Emergency Amendments" to the Comprehensive Plan by revising the Maintenance of the Plan Element and the Zoning Code. VI. Background Information: When the draft Comprehensive Plan was reviewed by State staff prior to its 1995 adoption, the reviewer indicated that the Comprehensive Plan map should include a "public lands" designation to identify lands useful for public purposes, such as facilities, utility corridors, transportation corridors, recreation, schools and/or other public uses. Conclusion: We will update a Comprehensive Plan map to include existing information to indicate a "public lands" designation per comments by Washington CTED. VII. Annual Amendments In addition to the preceding GMA- related issues, the City will consider applications for Comprehensive Plan policy and/or map changes which were received from private parties who submitted requests for annual amendments prior to the December 31, 2003 deadline. VIII. Target Schedule January, 2004 • Staff prepares annual amendments & GMA public involvement , work program with resolution February, 2004 • Brief CAP and COW re annual amendments, GMA revision process & scope • Transmit scope of work/public process resolution to COW • Brief Planning Commission re GMA process, annual amendments March, 2004 • Public meeting re annual amendments; • City Council threshold decision re annual amendments • Public hearing on resolution/work plan/public process • Adopt Resolution on work plan/public process • Background information, policy drafts due from staff; Revise 02/12/045 • Begin State Environmental Policy Act (SEPA) review for 2004 Comprehensive Plan April, 2004 • Issue SEPA • Planning Commission Briefing May, 2004 • Planning Commission briefings • Public open house • Planning Commission hearing June, 2004 • Planning Commission Deliberation July, 2004. • Planning Commission prepares recommendations w/ ordinances; • Submit recommendations to CTED to meet "60 day" requirement August, 2004 • City Council briefings September, 2004 • Public open house • City Council Hearings October, 2004. • City Council Deliberation November, 2004 • City Council adopts ordinances • Ordinances forwarded to CTED 02/12/046 • Cizy of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director February 3, 2004 Dennis Derickson David Evans and Associates 1620 W. Marine Drive Suite 200 Everett WA 98201 Re: Comprehensive Plan Amendment and rezone application for Sabey Corporation. File Number L03 -078. Dear Mr. Derickson: The Depailnient of Community Development received your request for Comprehensive Plan amendment and rezone for the property located south of S. 126th Street and between Tukwila International Boulevard and 34'h Avenue South on December 31, 2003. Based on the review of your application for submittal requirements your application is deemed complete. A public meeting on the proposed amendment will be held on March 1, 2004. The next step is for you to install the notice board on the site by February 16, 2004. You received information on how to install the sign with your application packet. Also, you must obtain a laminated copy of the Notice of Public Meeting to post on the board. Please call me to obtain this notice. After installing the sign with the laminated notice, you need to return the signed Affidavit of Posting to our office. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. If you have any questions, you can reach me at 206 - 431 -3685. Sincerely, Minnie Dhaliwal Senior Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tulcplan@ci.tukwila.wa.us COMPREHENSIVE PLAN /ZONING CODE AMENDMENTS APPLICATION NAME OF PROJECT/DEVELOPMENT: �e y Co vrpot-a_ +[ova ---- c1/4-1 /v/Ai Aryievl.dMer f- ova /ewne- LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS. e Iwee� TU k 4, /14 kvna fvvla /5ov /eat i,vij ,41/eive� 59 > fh la x L 7 31-0 00601. Quarter: 52/ Section: /Q Township: Range: 4g (This information may be found on your tax statement.) DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: y1 l y//$ F�v K / r� Gkiv Address: / / 0 Phone: Signature: G:\APPHAN\LANDUSE .APP \C0MPAPP.doc, 06/28/00 FAX: 49-S -- X-1— '3 .3c2 Date: /l . � —O� FOR STAFF USE ONLY Sierra Type: P- CPA/P -ZCA DEC tt 1`lt13 Planner: File Number: co 4.{�/ 03 _, t37 0, DEvELopt meA1T Application Complete (Date: ) Project File Number: 1,673 _ 11 1 A Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: �e y Co vrpot-a_ +[ova ---- c1/4-1 /v/Ai Aryievl.dMer f- ova /ewne- LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS. e Iwee� TU k 4, /14 kvna fvvla /5ov /eat i,vij ,41/eive� 59 > fh la x L 7 31-0 00601. Quarter: 52/ Section: /Q Township: Range: 4g (This information may be found on your tax statement.) DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: y1 l y//$ F�v K / r� Gkiv Address: / / 0 Phone: Signature: G:\APPHAN\LANDUSE .APP \C0MPAPP.doc, 06/28/00 FAX: 49-S -- X-1— '3 .3c2 Date: /l . � —O� • • A. COMPREHENSIVE PLAN DESIGNATION: / LOGO Per45/ T / key /� �vt /i�t 1 Cmi0Prc /4--- //f 7/ /141a57via Existing: / DA Proposed: C /L/ B. ZONING DESIGNATION: Existing: 40g Proposed: 41 low ensl /y e5 LJ 66 n erila /�%7'i/ C. LAND USE(S): j Existing: fie KKa G eJ S/ (> Proposed: my-fared 5/0/p e-- 4'01 (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. lit �dl /)5e5 7�0 M e. /ibr7 ;O'Q' e. ivi/er -4 / /age cc-ait> eift kd i� i.6 /t/14 peir4 Comp/ews,, k 0 %epon4( /h'%`Yi /97'R Xa%t fracatititaei GUoode-ci / �1� mii� , rill( co/1fer-C ;a /� avt� 4 ,11/• {1- / t, l 4/es-/- side) 5/071e -ra ✓H / / y aidAii,est jole of Uk;/4 /4/ (ir 8J ), EXis1�v1 /Rya Uses �h e 0/J741 Gt vl o/ -el St are. gm 5;11,/e -f�i vcr ly / G: UPPHANLL.ANDUSE,APP\COMPAPP.doc, 06/26/00 STATE OF WASHINGTON • • CITY OF TUKWILA Department of Community Development 6300 Southcenier Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan(ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss DEC 1 /UU3 DEVEwPM€NT COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other represents %Ives the right to enter upon Owner's real property, located at Me ivesievY14eNm i?las of / re &1 d east of Jlrw /lam ��t�es" a/,oi* for the purpose of application review, for the limited time necessary to complete that purpose. /300 — a /50 bi7J-A 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. The City shall, at its discretion , cancel the application without refund of fees, if the applicant does not respond to specific requests for items on the "Complete Application Checklist" within ninety (90) days. 7. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at (city), (state) RASP► on L 4 f - (Print'2mzo( lileivan r"7c &vb / 4 "V, Ogibb (Address) _ Z 77 -SZl 1 (Ph e Numbe ) (Signat ure On this day personally appeared before me IQ.)pk) L. Hagler to me known to be the individual who executed the foregoing instrument and acknowledged /that he/ska•sign the same as histhar- voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS J 2p 1 5'* DAY OF December , 2003 Q- ,\S10 N F t ll 6_/6_� / i 0 OTARy'•• t/ My Commission expires on i PUBS 1■ i,`x••• is 16 -o•bi ..* ' t1 r1NAS a. NOTARY PUBLIC in and for the S e of Washington residing at Real-», • • EXHIBIT "A" Legal Description for Subject Property of Rezone Amendment Lots 1, 2 and 3 in Block 12 of Riverton Addition, as per plat recorded in Volume 13 of Plats, Page 36, Records of King County Auditor; Together with the entire 40 foot width of vacated South 126th Street adjacent and contiguous thereto; (Also being known as Lot C of Boundary Line Adjustment No. 89 -6 -BLA recorded under King County Recording No. 8908161260; Also being known as a portion of Lot 8, City of Tukwila Boundary Line Adjustment No. BLA L03 -034, recorded under King County Recording No. 20030725900003. COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact the Department if you feel that certain items are not applicable to your project and should be waived, or should be submitted in a later timely manner for use at the public hearing (e.g., revised c• Bred renderings). Application review will not begin until it is determined to be complete. ADDITIONAL M REQUIRED. The initial application materials allow starting project review and vesting the ability to require additional information as needed to establish consistency wi Department staff is available to answer questions about application materials at COMPLETE APPLICATION CHE '411144`40001:4. yit'et! May ' mva(ve�l rn Nrttf, z 41 catire4-f appn • i i� b" 4' 'f �Wd s '(mfiil 4� r " `' ` • r r , Inf �? i afvei bII mat'io{�' Pang` APPLICATION FORMS: Application Checklist: one (1) copy, indicating items r .. submitted with application. omprehensive Plan/Zoning Application Packet: eight (8) copies and one set of High Quality Photo Reductions of all plans. ( See Project Description and Analysis, Site Plans and Evaluations). dril Application Code Amendment Fee ($1000). PUBLIC NOTICE MATERIALS: King County Assessor's map(s) which shows the location of .,� each property within 500 feet of the subject lot. Two (2) sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subject property. ( Note: Each unit in multiple- family buildings - -e.g. apartments, condos, trailer parks- -must be included). 6. A 4' x 4' Public Notice Board will be required on site within 14 days of the Department determining that a complete application has been received. PROPERTY INFORMATION: Vicinity Map with site location. Surrounding Land Use Map for all existing land uses within a 1,000 foot radius from the lot's property lines. 9. Title Report -- Clearly establish status as legal lot(s) of record, ownership, all known easements and encumbrances. of lines for 300 ft. from the site's property lines including right -of -ways. PROJECT DESCRIPTION AND ANALYSIS: A written discussion of project consistency with each review criterion. 12. Eight (8) complete sets and one (1) set of High Quality Photo Reductions of all plans which contain information listed in the table below. 01APPHAN\LANDUSE APP \COMPAPP doc, 09/11/02 rtniti flRegii recd s, ay a waived inunusual:cases;.upart , proval ojboth Public Works and Planning . : ti or{iiation'. . Waived Pb.Wk /.Ping Oftice,j)se Only: Comments & Condtttont. SITE PLANS: 13 One set of all plans (including a landscape plan) that shall be stamped by a licensed professional surveyor, architect, landscape architect, or engineer, and have an original signature. Additional copies of the signed set may be submitted to satisfy the total number of copies required. Revisions shall satisfy this criteria. 0 14. A boundary and topographic survey (2 ft. contours including a minimum 20 ft. beyond the property line) with all structures, improvements, easements, encumbrances and right -of -way width/infrastructure. Elevations shall be City of Tukwila datum (NGV 1929 datum for 100 year flood elevation with equation to City of Tukwila datum). This shall be stamped by the surveyor. D 15. Location of all sensitive areas (e.g., streams, wetlands, slopes over 20 %, coal mine areas and important geological and archaeological sites.). Provide sensitive area studies as needed per TMC 18.45. Also show trees over 4" caliper, indicating those to be saved. All proposed sensitive area and tree protection measures shall be shown. 16. 100 yr. flood plain boundary and elevation as shown on FEMA maps. 0 Proposed lot lines (solid), existing lot lines (dashed). O:'APPHAN\LANDUSE.APP\COMPAPP. doc. 06/28/00 VICINITY MAP NO SCALE RECEIVED IDEC' 31 2003 COMMUNITY DEVELOPMENT SABEY CORPORATION L /CI COMPREHENSIVE PLAN AMENDMENT AND REZONE • Ingl Land America Transnation Order No.: JJ - 20021237 14450 N.E. 29th PI., #200 Bellevue, WA 98007 Phone: 425 - 451 -7301 800 - 441 -7701 Fax: 425 - 646 -8593 SECOND COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: December 20, 2003 at 8:00 a.m. 2. Policy or Policies to be issued: Owners Policy 10 -17 -92 Proposed Insured(s): Amount: Premium: Tax: Total: Commitment No.: JJ - 20021237 Commercial Rate TO COME $ 0.00 $ 0.00 $ 0.00 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: International Gateway East III LLC, a Washington Limited Liability Company 4. The land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto. Transnation Title Insurance Company By Authorized Signature Preliminary Commitment Page 1 of 6 • • EXHIBIT "A" PARCEL A: Order No. JJ - 20021237 LOTS 1, 2 AND 3 IN BLOCK 12 OF RIVERTON ADDITION, AS PER PLAT RECORDED IN VOLUME 13 OF PLATS, PAGE 36, RECORDS OF KING COUNTY AUDITOR; TOGETHER WITH THE ENTIRE 40 FOOT WIDTH OF VACATED SOUTH 126TH STREET ADJACENT AND CONTIGUOUS THERETO; (ALSO BEING KNOWN AS LOT C OF BOUNDARY LINE ADJUSTMENT NO. 89 -6 -BLA RECORDED UNDER KING COUNTY RECORDING NO. 8908161260; ALSO BEING KNOWN AS A PORTION OF LOT 8, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. BLA L03 -034, RECORDED UNDER KING COUNTY RECORDING NO. 20030725900003). SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. • • Order No. JJ - 20021237 SCHEDULE B REQUIREMENTS: Instruments necessary to create the estate or interest to be properly executed, delivered and duly filed for record. EXCEPTIONS: Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Standard exceptions set forth on the Commitment Cover. B. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS: 1. REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 7340600602 (PTN) YEAR BILLED PAID BALANCE 2003 $18,187.33 $18,187.33 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2413 ASSESSED VALUE LAND: $1,386,000.00 ASSESSED VALUE IMPROVEMENTS: $1,000.00 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WASHINGTON NATURAL GAS COMPANY PURPOSE: GAS PIPELINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MARCH 23, 1981 RECORDING NO.: 8103230520 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF SEATTLE PURPOSE: ELECTRIC OVERHEAD AND UNDERGROUND DISTRIBUTION LINE FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 06, 1981 RECORDING NO.: 8111060294 5. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 8908161260. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. Page 3 of 6 • • Order No. JJ - 20021237 SCHEDULE B — continued 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION PURPOSE: TELECOMMUNICATION FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 19, 2001 RECORDING NO.: 20011019000148 7. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 20030327900002. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. AN AFFIDAVIT OF CORRECTION OF MAP WAS FILED UNDER RECORDING NO. 20030725001852. 8. DECLARATION OF ACCESS, PARKING AND DRAINAGE EASEMENTS IMPOSED BY INSTRUMENT RECORDED ON MAY 23, 2003, UNDER RECORDING NO. 20030523002434. 9. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 16, 2003 RECORDING NO.: 20030616000543 REGARDING: DEVELOPER EXTENSION AGREEMENT 10. DEED OF TRUST AND UCC FIXTURE FILING AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: INTERNATIONAL GATEWAY EAST III LLC TRUSTEE: TRANSNATION TITLE INSURANCE COMPANY BENEFICIARY: WASHINGTON CAPITAL JOINT MASTER TRUST MORTGAGE INCOME FUND ADDRESS: 1301 FIFTH AVENUE, SUITE 1500, SEATTLE, WA 98101 LOAN NO.: NA ORIGINAL AMOUNT: NOT DISCLOSED DATED: NA RECORDED: AUGUST 28, 2003 RECORDING NO.: 20030828002834 (AFFECTS PARCEL A AND INCLUDES OTHER PROPERTY) 11. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: AUGUST 28, 2003 RECORDING NO.: 20030828002835 REGARDING: SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT (AFFECTS PARCEL A AND INCLUDES OTHER PROPERTY) 12. UNRECORDED LEASEHOLDS, IF ANY; RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON THE LAND; AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. Page 4 of 6 NOTE 1: • SCHEDULE B — continued • Order No. JJ - 20021237 THERE MAY BE UNIFORM COMMERCIAL CODE (UCC) SECURITY INTERESTS FILED WITH THE DEPARTMENT OF LICENSING IN OLYMPIA, AFFECTING PERSONAL PROPERTY, CROPS OR AGRICULTURAL FACILITIES WHICH ARE NOT COVERED BY THE POLICY TO ISSUE. NOTE 2: WE ARE INFORMED THAT INTERNATIONAL GATEWAY EAST III LLC IS A LIMITED LIABILITY COMPANY (LLC). A COPY OF THE DUPLICATE ORIGINAL OF THE FILED LLC CERTIFICATE OF FORMATION, THE LLC AGREEMENT, AND ALL SUBSEQUENT MODIFICATIONS OR AMENDMENTS MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. NOTE 3: ANY CONVEYANCE OR MORTGAGE BY INTERNATIONAL GATEWAY EAST III LLC, A LIMITED LIABILITY COMPANY (LLC), MUST BE EXECUTED BY ALL THE MEMBERS, OR EVIDENCE SUBMITTED THAT CERTAIN DESIGNATED MEMBERS OR MANAGERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. NOTE 4: THE COMPANY HAS BEEN ASKED TO ISSUE AN OWNER'S POLICY WITHOUT DISCLOSURE OF THE LIABILITY AMOUNT. THIS COMMITMENT SHALL BE EFFECTIVE ONLY WHEN THE AMOUNT OF THE POLICY COMMITTED FOR HAS BEEN INSERTED IN SCHEDULE A HEREOF. THE FORTHCOMING POLICY MUST BE ISSUED IN AN AMOUNT AT LEAST EQUAL TO THE FULL VALUE OF THE ESTATE INSURED IN ACCORDANCE WITH OUR RATING SCHEDULE ON FILE IN THE OFFICE OF THE WASHINGTON STATE INSURANCE COMMISSIONER. THE COMPANY MAY HAVE FURTHER REQUIREMENTS IF THE UNDISCLOSED AMOUNT TO BE INSURED EXCEEDS THE CURRENT ASSESSED VALUATION. NOTE 5: TITLE WILL BE VESTED IN PARTIES YET TO BE DISCLOSED. WHEN TITLE IS VESTED, THEIR TITLE WILL BE SUBJECT TO MATTERS OF RECORD AGAINST THEIR NAMES. NOTE 6: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: A COMMERCIALJINDUSTRIAL STRUCTURE NOTE 7: KNOWN AS: 12626 TUKWILA INTL BLVD TUKWILA, WA 98168 THE COMPANY REQUIRES THE PROPOSED INSURED TO VERIFY THAT THE LAND COVERED BY THIS COMMITMENT IS THE LAND INTENDED TO BE CONVEYED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MAY BE INCORRECT, IF THE APPLICATION FOR TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIFY THE COMPANY WELL BEFORE CLOSING IF CHANGES ARE NECESSARY. CLOSING INSTRUCTIONS MUST INDICATE THAT THE LEGAL DESCRIPTION HAS BEEN REVIEWED AND APPROVED BY ALL PARTIES. NOTE 8: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOTS 1 THRU 3 & LOTS 6 THRU 9 BLK 12 RIVERTON ADD TGW PTN VAC ST Page 5 of 6 • SCHEDULE B — continued • Order No. JJ - 20021237 NOTE 9: WHEN SENDING DOCUMENTS FOR RECORDING, PLEASE SEND VIA TDS (TITLE DELIVERY SERVICE) IN THE YELLOW RECORDING ENVELOPES WHENEVER POSSIBLE. IF THEY MUST RECORD THE SAME DAY, PLEASE CONTACT THE TITLE UNIT FOR SPECIAL DELIVERY REQUIREMENTS. IF THEY MAY BE RELEASED WITHIN 48 HOURS, THEY SHOULD BE SENT TO THE FOLLOWING ADDRESS: TRANSNATION TITLE INSURANCE COMPANY 1200 SIXTH AVENUE, SUITE 100 SEATTLE, WA 98101 ATTN: RECORDING DEPT. (END OF EXCEPTIONS) Investigation should be made to determine if there are any sewer treatment capacity charges or if there are any service, installation, maintenance, or construction charges for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. Unless otherwise requested or specified herein, the forms of policy to be issued in connection with this Commitment will be the ALTA 1998 Homeowner's Policy, the ALTA 1992 Lender's Policy, or, in the case of standard lender's coverage, the CLTA Standard Coverage Policy —1990. The Policy committed for or requested may be examined by inquiry at the office that issued the Commitment. A specimen copy of the Policy form(s) referred to in this Commitment will be furnished promptly upon request. BSK Enclosures: Sketch Vesting Deed Paragraphs 8 -20 Page 6 of 6 Issued by • • Q LandArneriea Transnation Order No.: 20021237 14450 N.E. 29`h PI., #200 Bellevue, WA 98007 Phone: 425 - 451 -7301 800 - 441 -7701 Fax: 425 - 646 -8593 Transnation Title Insurance Company COMMITMENT FOR TITLE INSURANCE Transnation Title Insurance Company, an Arizona corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the exceptions and conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule B exceptions, and the conditions and stipulations of the policy or policies requested. (See the following pages for printed Exclusions from Coverage and Schedule B exceptions contained in various policy forms.) This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement and is subject to the Conditions and Stipulations. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 180 days after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Attest: Secretary By: Transnation Title Insurance Company President COMMITMENT CONDITIONS AND STIPULATIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Commitment Cover - WA (Revised 4/03) rf • • Order No.: 20021237 SCHEDULE OF EXCLUSIONS FROM COVERAGE The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason thereof. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10- 17 -92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) My governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in- lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment.or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10- 17 -92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,- regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Commitment Cover - WA (Revised 4/03) • • SCHEDULE OF EXCLUSIONS FROM COVERAGE (continued) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE -TO -FOUR FAMILY RESIDENCE (10- 17 -98) Order No.: 20021237 In addition to the Exceptions in Schedule 13, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: (a) building (b) zoning (c) Land use (d) improvements on the Land (e) Land division (f) environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: (a) a notice of exercising the right appears in the Public Records at the Policy Date; or (b) the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they appear in the Public records; (b) that are Known to You at the Policy Date, but not to Us, unless they appeared in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date — this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. CLTA STANDARD COVERAGE LOAN POLICY 1990 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the and is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a•notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge: 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in- lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. Commitment Cover - WA (Revised 4/03) 1 • SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY — STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY 1. Taxes or assessments which are not now payable a which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. • 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for labor, material, services or equipment, or for contributions to employee benefit plans, or liens under Workrnans' Compensation Acts, not disclosed by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 7. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the and resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 8. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity. or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY — EXTENDED COVERAGE 1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Underground easements, servitudes or installations which are not disclosed by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the and which is now or may formerly have been covered by water. 5. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN POLICY (10- 17.92) and ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10- 17 -98) No general exceptions appear in these policy forms. Commitment Cover - WA (Revised 4/03) WHEN RECORDED RETURN TO Sabey Corporation Attn Jim Harmon 12201 Tukwila International Blvd, 4th Floor Seattle, WA 98168 -5261 20000918000890 0 TItANSNATI TI WO 11 H e9//11e/e2eee13'27 KING COUNTY, UA 't El 776665 KING COUNTY, UA SAW 04eee11 PAGE 001 OF 002 (&g6ii(47 O STATUTORY WARRANTY DEED c/ //� Reference No 00181113 Grantor(s) Luella Donbrowski, Successor Trustee Grantee(s) International Gateway East 111 LLC, a Washington limited liability company Legal Description (abbreviated) Lots B, C and D of BLA No 89.6 -13LA Recorded No 8908161260 Assessor's Tax Parcel No 734060- 0602 - 03,734560- 0885 -06 and 734060 - 0581 -08 THE GRANTOR LUELLA DONBROWSKI, Successor Trustee of the Irrevocable Living Trust Agreement of Max S. Werran and Cordelia B. Werran dated July 26, 1983, having acquired title as Stanley Werran, as Trustee, for and in consideration of Ten Dollars and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, in hand paid, conveys and warrants to International Gateway East 111 LLC, a Washington limited liability company, as Grantee, the following described real estate situate in the County of King, State of Washington See Exhibit "A" attached hereto and made a part hereof by reference herein p. 3 See Exhibit "8" attached hereto and made a part hereof by reference herein for subject to information Dated this /5/#t day of September, 2000 FILED FOR RECORD AT THE REOUEST OF TRANSNATION TITLL INSURANCE CO Luella Donbrowski, Successor Trustee of the Irrevocable Living Trust Agreement of Max S Werran and Cordelia B Werran dated July 26, 1983 By Luella Donbrowski Successor Trustee RECEiVE0 'DEC, 31 2003 A1M PPM N • STATE OF7 / ,?/l 1, 111,0452fa ss COUNTY OF On this / 5 day of September, 2000 before me, the undersigned officer, a Notary Public in and for the State of -771,-3 nU idi , duly commissioned and sworn, personally appeared Luella Donbrowski who acknowledged herself to be the Successor Trustee of the Irrevocable Living Trust Agreement of Max S Werran and Cordelia B Werran, dated July 26, 1983, the person that executed the foregoing Instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Trust, for the uses and purposes therein mentioned, and on oath stated that she, as such successor trustee, being authonzed to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of the Trust by herself as said successor trustee '"" KATHERINE L WEBER i �„�� NOTARY PUBLIC - MINNESOTA y , My Commission Expires Jan. 31, 2005 Notary Public in and for the State of g- /s -oo Print or stamp name of Notary Residing at Minne'ofe My commission expires 0 05 Exhibit "A" to Statutory Warranty Deed Legal Description PARCEL A • LOTS 4 AND 5 IN BLOCK 12 OF RIVERTON ADDITION, AS PER PLAT RECORDED IN VOLUME 13 OF PLATS, PAGE 36, RECORDS OF KING COUNTY, TOGETHER WITH THAT PORTION OF TRACT 39 OF RIVERSIDE INTERURBAN TRACTS LYING EASTERLY OF PACIFIC HIGHWAY SOUTH TOGETHER WITH THE ENTIRE 40 FOOT WIDTH OF VACATED SOUTH l26TH STREET ADJACENT AND CONTIGUOUS THERETO, (ALSO BEING KNOWN AS LOT B OF BOUNDARLY INE ADJUSTMENT NO 89- 6-BLA RECORDED UNDER KING COUNTY RECORDING NO 8908161260), SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON PARCEL B LOTS 1, 2 AND 3 IN BLOCK 12 OF RIVERTON ADDITION, AS PER PLAT RECORDED IN VOLUME 13 OF PLATS, PAGE 36, RECORDS OF KING COUNTY, TOGETHER WITH THE ENTIRE 40 FOOT WIDTH OF VACATED SOUTH 126TH STREET ADJACENT AND CONTIGUOUS THERETO, (ALSO BEING KNOWN AS LOT C OF BOUNDARLY LINE ADJUSTMENT NO 89- 6- BLA RECORDED UNDER KING COUNTY RECORDING NO 8908161260), SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL C THAT PORTION OF TRACT 38 OF RIVERSIDE INTERURBAN TRACTS AND THAT PORTION OF THE SOUTHEAST % OF THE SOUTHEAST' /. OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 4 EAST W M , LYING EASTERLY OF PACIFIC HIGHWAY SOUTH AND SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF TRACT 38 OF RIVERSIDE INTERURBAN TRACTS WITH THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH, THENCE NORTH 12° 23' 12" WEST ALONG SAID EASTERLY LINE 203 50 FEET TO THE TRUE POINT OF BEGINNING, THENCE PARRALLEL WITH THE SOUTH LINE OF BLOCK 5 OF RIVERTON, SOUTH 89°21'12" EAST TO THE WEST LINE OF SAID BLOCK 5 AND THE TERMINUS OF SAID LINE, AND EXCLUDING ANY PORTION OF VACATED SOUTH 126TH STREET, (ALSO BEING KNOWN AS LOT D OF BOUNDARY LINE ADJUSTMENT NO 89- 6- BLA RECORDED UNDER KING COUNTY RECORDED NO 8908161260), SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON • • Exhibit "B" to Statutory Warranty Deed 1 EASEMENT AND THE TERMS AND CONDITIONS THEREOF, GRANTEE Seattle Gas Company PURPOSE Gas distribution main AREA AFFECTED Westerly portion as described therein RECORDING NO 3022125 2 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE Washington Natural Gas Company PURPOSE Existing gas pipelines and services AREA AFFECTED Vacated South 126th Street RECORDING NO 8103230520 3 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE City of Seattle, a municipal corporation PURPOSE Electric overhead and underground distribution line facilities, at depths not exceeding 21 feet AREA AFFECTED Portions of Parcels A and B as described therein RECORDING NO 8111060294 ° C71 4 RELINQUISHMENT OF ALL EASEMENTS existing, future or potential, o for access, light, view and air, and all rights of ingress, egress and regress o to, from and between the land and the highway or highways to be constructed on land conveyed by deed m rn TO State of Washington o DATED October 30, 1959 o RECORDED December 14, 1959 o RECORDING NO 5112409 0 5 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED January 15, 1965 RECORDING NO 5833297 REGARDING Sewer Construction (Covers Parcel A) 6 FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF SECURED PARTY Washington Natural Gas Company DEBTOR Non -Stop, Inc , DBA Non -Stop Bar & Grill COVERS Personal property and fixtures located on property herein described RECORDED July 28, 1993 RECORDING NO 9307281190 A continuation statement has been filed Recorded June 23, 1998 Recording No 9806231656 7 MATTERS DISCLOSED ON UNRECORDED SURVEY BY DAVID EVANS & ASSOCIATES DATED JUNE 2000, Job No DAI ISALI DWG, AS FOLLOWS A) Possible encroachment of Power Pole /Guy Anchor onto subject property at the Northwest corner of Parcel C, B ) Possible encroachment of retaining wall and asphalt parking area from subject property onto property adjoining on the South (Parcel B) • • AFTER RECORDING MAIL TO: Sabey Corporation Jim Harmon 12201 Tukwila International Blvd , 4te Floor Seattle, WA 98168 -5261 Filed for Record at Request of 11 VIII 1111 20030813000877 PAGE 001IQF 002flCD 20.00 98/13/200 11.12 E1979908 08/13/2003 11:10 KING COUNTY, $2 TAX 00 SALE 80.00 cuuJUO i .uVUO t 1 .UU'i PAGE 001 OF 001 10/1-1Q34001 QUIT CLAIM DEED iciao‘9 THE GRANTORS) International Gateway East LLC, formerly Everett Technical Park III LLC, a Washington limited liability company, for good and valuable consideration, conveys and quit clauns to International Gateway East III LLC, a Washington lmnted liability company, the following descnbed real estate, situated m the County of King, State of Washington, together with all after acquued title of the grantor(s) therein. PARCEL k LOT 8, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO BLA L02 -057, RECORDED UNDER KING COUNTY RECORDING NO 20030327900002, PARCEL B LOTS 6 AND 7, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. BLA L03 -034, RECORDED UNDER KING COUNTY RECORDING NO 20030725900003, FILED FOR RECORD AT THE REQUEST OF TRANSNATION TITLE INSURANCE CO. Assessor's Property Tax ParceVAccount Number. 1023049084, 1023049080; 7340600602 Dated 1'-t� s,�}� (p , 2003 INTERNATIONAL GATEWAY EAST LLC, formerly Everett Technical Park III LLC, a Washington limited liability company By Name Its. ,C,4k i;n es A1.'/VA nk LPB -12(c) 7/97 • • STATE OF WASHINGTON ) ) ss. COUNTY OF KING LUU4V014UVU*I 1.UU4 On this 6th day of August, 2003, before me, the undersigned, a Notary Public m and for the State of Washington, duly commissioned and sworn as such, personally appeared James N. Harmon, to me known to be the CFO of Sabey Corporation, Manager of International Gateway East LLC, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal the day and year in this certificate first above written. MARY A HALL STATE OF WASHINGTON NOTARY ----- PUBLIC MY COMMISSION EXPIRES12 -19-05 911-a,a Pnnted Name: ary A. Hall NOTARY PUBLIC in and for the State of Washington, residing at Seattle. My commission expires: 12/19/05 WASHINGTON naturAL GAS COMPANY �"' Th Grantor Max Warren consideration of the sure of One Dollar ($1.00) do_ hereby Oren: to WASHINGTON NATURAL GAS COMPANY; a ;public utility corporation, an easement for existing pas pipelines s;nd services under. over end across the Scilow- ing described property of the Grantor, to -wits In vacated South 126th Street between Pacific Avenue South (SR 99) and 34th Avenue South being vacated by Vacation Petition V -1622. Situated in Section 15, Township 23 N, Range 4 E.W.H., in King County, Washington. giving and granting to said Company such access rights as may be necessary for the relocation. operation and maintenance of such pipeline or lines, and, by • the acceptance of this •aiement,,Washington Natural Gas Company agrees to operate •nd maintain,eneh:.pipe11as or:..lines With the least ?.t F DossiDl•�ineon •ale b '"` tAa,�rDate abQ igseisr to boldsthetCsantor�l ,, ...?...i.91.arailesaci.fronr(anzijasss,rteos. soz da. ejt Sul y�4'[sor,,,ths.,eparatiea of �, nainteAane�`of said pipelines -and services._ Cranter egress sot to °es•et • any structures on said easement. REC6!tDED T};,f P•'•Y t is23 = . PH'81 hECO�i7{;S & • E' " l 1 r. 81110602 94 -- , .• - oQas..wmpv EASEMENT (Overhead and Underground) • s (.s.�+ — — THIS INDENTURK, made thta "ti day of Oriohcr between MAX S. WERRAN and CORDELIA 8 WERRAN, husband and wife, hereinafter called the Grantors; Y ,yp}D:N55i2 019MNON ioiy; pyt yM, RANAXIAtiAXLVOICIMLUKCteK.X9gtINICCOOCtiOCteeirin and the CITY •.F ii.1??LF, a municipal corporation, hereinafter called the Crantee; WtTNESSt:T`i: That the Grantors, for and to consideration of One Dollar ($1.0()) and other valuable considerations, receipt of which is hereby acknowledged, hereby convey and grant to the Grantee, its successor.. and assigns, tLe right, nriv /lege and eathority to ivatall, corstrucr, erect, alter, improve, repair, energize, operate and maintain electric overhead and undergrn'•nd d:atributlon line facilities, at depths not exceeding 21 feet, which do.:3iet of poles, with braces, guys and anchors, crosearas. transformers, ducts, vaults, manholes, csb:nets, contatnere, conduits, wires and other necessary or convenient appurtenances to make said underground and ove:"nad installations an integrrted electric syarem, all such electric system to be located across, over, upon and under the following described lands and premises situated in the Cou ,ty of King, State of Washington, to wit: The south 1S feet of vacated South 126th Street from the easterly line of State Highway No. 1 (R',o known as Pacific Highway South) to the west line of 34th Avenue South; ALSO, the north 15 feet of Lots 1 -5, inclusive, block 12, Riverton, • replat of a part of Riverside Interurban Tracts, as recorded in Volume 13 of ?late, page 36, records of King County, Washington; N r �A tit TOGETHER WITH the north 15 feet of that portion of the West 100.00 feet of Tract 39, Riverside Interurban Tracts, as recorded in Volume 10 of Plata, page 74, records of King County, Washington, lying easterly of-State Highway Ho 1 a is (miss kaoi+oas' Pacific Highway; aouith).►` +t'4r1'!""t"1'^ 13 a "+^4.'6'4,i ` 4t -.,�s .:.�. ra y.- :.•,?f 'f �•.x t'� ..j.:r n . EXCEPTthst portion'thereof Within and under the existing King's Restaurant'Ruilding (commonly known as 12606 Pacific Highway .South) Iyingbelov elevation 248.16 feet. in Together with the-right at all times to the Crantee. its successors saw . es f�a� ndw�o a' a o c "a'111ng', cons rut s - . '.: ^'::' - ~�Z � ,,_- •: reconstructing;'repairing, renewing, altering, changing, patrolling, energizing and operating said electric system, and the right at any tie to remove all or any part of said electric system from said lands. Also the right to the Grantee, its successors and assigns, at all times to cut all brush and timber and trim all trees standing or growing upon said lands which, in the opinion of the Grantee, constitute a menace t danger to said electric s tem. . ",- ruck 'i o! r t 1:%-S ei i!7 ).-w t: It _` Veuan ,fag •.' t n ^:" ructn '{s Yt S �S �1.-.A•�yy,,P, r Kite vitthi tha'rabove wr . : i Ti,. yj "P�� �t approval „s.Crantee, be done' or'' perrttted within the easecaot farea whicb"vill in any manner.`.;. �..: r.r- disturb.tha.flicles,or their so:.idity or. unearth any portion thereof 1ng or discharge of any,eiplosivis will; be permitted -`.- +�' within fiftfa feet of said lines and�appurtenaneee •All`eenduit or .,, ,,4.05 cablt'.rrliid,,,, ,, . r, thin grant , shall; be laid, upon a "route . as ‘ oov locateddindi` shall be'burie4 to such depth: as not to interfere with the ordinary' use' of ' said landx , ~ A R sod �that�� The City CSeattle:is..responsible, as provided by law, for an damage to the. Grantorsthrough. its negligenca,in the construction, maintenance 1 ••u•r ss dAilectric -system iiioisi = over, and under the io rt . upon P Pe 7 ; .. 1% E ;SE•TAY, VOTiR ♦ UIR • 1 of 2 r`/-- '•4±�:_! eta. 43PY; + =ATfl . , DEPAB191JSNT OF: 1013 = std Manua 34391419A 88104 :. ATM SOME 11001111 nom= I MANAO 230410.3 -006 Tie rights, title, privtleges and authority hereby granted shall continue and be in force until much time as the Grantee, its succ¢aure er aasigne, shall personae :ly resove said poles, wires end appurten ^nces frva ea:d lands or shall otherwise permanently abandon ..td electric sys:ea, at which tt a ell such rtghtu, t1:1e, pri.tlegss and authority hereby granted shall terming :e. Any mortgage on the said premises held by the Mcrtgagee above named 1s hereby subordinated to the extent, but only to the extent necessary, to so subordinate the lien of said mortgage to the easement herein greeted to the Grantee. IN WITNESc WHEREOF, this instrument lus been executed the day and year first above wvtten. 81'1: 06 RECD F CASHEL 4102 .:-1 i. 4.co - 44.00+ 22 M "CORDELIA 3. HERRAN (FOR INDIVIDUAL ACKNOWLEDGMENT) STATE OF WRSHINGTON ) .!s • -'1;"�ihe undersignssa N +*e � otary Public; ,o , - rt y:that oa is 27'm day of OG7eigtir • ' ' 19P1Vpersonally appeared ;;;:before me MAX S.. MERMAN-sod CORDELL& B. WERRAN, hin: wife; Ito, sic known to be the individuals described in and who exeeuted'the vi'tbin Loitrument, and " acknowledged that they signed the same as their free and voluntary act and ea .and sea_.-thete , n _ ,,. _.. Y Liven. der my band s under and official seal the day - and; yeae"'fn Ibis ce 1igLe,.r.,r,, above written. •. y,tPs /Q ,, �► a x` 128 ` d ' Notary Public la for the State of Wa Xbd�tC ?a �a .. residing at _ • zV- 41 • o « 7�J 12C t�+. • • 2 of 2 ,, ;i,.,p,,.. • 230410.3 -000V - - ,._T,-- -_.._� 8908161260 • • BOUNDARY LINE ADJUSTMENT /LOT CONSOLIDATION CITY OF TUKWILA, WASHINGT ON FILE NO. 81-6-13a LEGAL DESCRIPTIONS Before the adjustment: SEC..r 6s 2, 3, After the adjustment: e fer S G / 7 Filed for record at the request of: Oauee r►10 t A t't Name of magi, ? f.I`uyoNRLh) dS. £3/03'16 #1260 R REECFEE 2.00 RECD F 13.00 REV = 26.00 :AShSL ** *41.00 55 APPROVAL Department of Planning:: Examined and approved this /64 day of , 19pi Di ector, eepartment o P anning Dept. of Public Woks: Examined and approved this 14 day of •A ___ , 19 EM Return to: Planning Department City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 rs ,-r x,34156° -6 ° Page oS O, Oft), okcL (29 /BLA.LEGAL) irector, Dept. o OEP)J ENT OF PSSESSMENT3 Erlminedendap c Works rr• 1. re 1 8908161260 • • P ' .4 Existing Parcels "A" _ Lots 13 through 17, inclusive, Block 5, Riverton, T.L. 190 a replat of part of Riverside Interurban Tracts, according to the plat thereof recorded in Volume 13 of plats, at page 36, In King County, Washington; EXCEPT those portions of said Lots 13 through 17 lying northerly of the following described line: Commencing at the intersection of the South line of tract 38 of Riverside Interurban Tracts, according to the plat thereof recorded in Volume 10 of plata page 74, in King County, Washington with the easterly line of Pacific Highway South as conveyed to the State of Waohingten by deed recorded under Recording No. 1996812; thence North 12° 23' 12" west along said easterly line 203.50 feet to the point of beginning of said described line; thence parallel with the South line of said Block 5, South 89 21' 12" east to the East line of said Bork 5 and the terminus of said described line. TOGETHER WITH that portion of Tract 38 of Riverside Interurban Tracts and of the SE one quarter of the SE one quarter of Section 9, Township 23 North, Range 4 Fast, W.M. described as follows: Beginning at the intersection of the South line of Tract 38 of Riverside Interurban Tracts with the easterly line of Pacific Highway South, thence North 12° 23' 12" west along said easterly line 153.50 feet to the west line of Tract 38 and the true point of beginning, thence into Section 9, continuing North 12° 23' 12" west along said easterly line of Pacific Highway South 50 feet, thence parallel with the south line of Block 5, Riverton, South 89 21' 12" east to the West line of Block 5, thence southerly along said West line to the point of intersection of a line bearing North 77° 36' 48" east from the true point of beginning, thence southerly along said line South 77° 36' 48" west 110 feet more or less to the true point of beginning. TOGETHER WITH the North half of vacated South 126th Street contiguous and adjacent thereto attached by operation of law. aoFY uFm T.L. 129 • • u-4 That portion of the Southeast one quarter of the Southeast one quarter of section 9, township 23 North, Range 4 East, W.M. in King County, Washington, described as follows: Beginning at the Northeast corner of said subdivision; thence North 89 "26'44" West along the North line of said subdivision 172.6 feet, more cr less, to the east margin of primary state highway no. 1, SSR 99, Pacific Highway South; thence south- easterly along said margin to the east .line of said subdivision; thence North 1°45' 40" East along said line to the true point of beginning; EXCEPT that portion lying southerly of a line described as fellows: Commencing at the intersection of the easterly margin of primary state highway no. 1 (SSR 99) with the east line of section 9; thence North 12 23'12" C West along said easterly highway margin a distance CO of 50 feet to the true point of beginning of said C4 described Line; thence South 89° 21'12" East .4 parallel with the south line of Block 5 in Riverton, (p a replat of part of Riverside Interurban Tracts, COaccording to the plat recorded iu volume 13 of A plats, cage 36, in King County, WA, to the East line of said Section 9 and the terminus of said line. GO "G" - T.L. 170 Lots 12 through 17, inclusive, Block 5, Riverton, a replat of part of Riverside Interurban Tracts, according to the plat thereof recorded in Volume 13 of plats, page 36, in King County, Washington; EXCEPT those portions of said Lots 13 through 17, inclusive, lying southerly of the following described line: Commencing at the intersection of the south line of Tract 38 of Riverside Interurban Tracts, according to the plat thereof recorded in Volume 10 of Plats, page 74, in King County, WA with the easterly line of Pacific Highway South as conveyed to the State of Washington by deed recorded under Recording No. 1996812; thence North 12° 23' 12" west along said easterly line 203.50 feet to the point of beginning of said described line; thence parallel with the south line of eaid Block 5, South 89" 21' 12" east to the East line of said Block 5 and the terminus of said described line. 3oF5 890a161260 "B0 - T.L. 602 "C" T.L. 885 "D" T.L. 581 "E" T.L. 580 • • Lots 4 and 5, Block 12, Riverton Addition, recorded in Volume 13 of plats, at page 36, King County, Washington, together with that portion of Tract 39 Riverside Interurban Tracts lying easterly of Pacific Highway South together with the South half of vacated South 126th Street adjacent and contiguous thereto. Lots 1, 2 and 3, Block 12, Riverton Addition, recorded in Volume 13 of plats, at page 36, King County, Washington, together with the South half of vacated South 126th Street adjacent and contiguous thereto. That portion of Tract 38 of Riverside Interurban Tracts lying easterly of Pacific Highway South and southerly of a lire described as follows: Commencing at the intersection of the South line said Tract 38 with the easterly line of Pacific Highway South as conveyed to the State of Washington by deed recorded under Recording N0. 1996812; thence North 12' 23' 12" west along said easterly line 153.50 feet to the West line of Tract 38 and the true point of beginning, then along a line bearing North 77° 36' 48" East 110 feet, more or less, to the East line of Tract 38 and the terminus of said line. TOGETHER WITH the North half of vaeai:ad South 126th Street adjacent and contiguous thereto. That Tracts portion ly ng of northerly 38 of f ani l line d Interurban described as follows: Commencing at the intersection of the south line of said tract 38 with the easterly line of Pacific Highway South as conveyed to the State of Washington by deed recorded under recording number 1996912; thence North 12'23'12" West along said easterly line 203.50 feet to the true point of beginning of said described line, thence parallel with the south line of said of said tract 38 8 and terminus of said line. line V o�9 G30316x260 • • Proposed Parcels A.. - Lots 13 through 17, inclusive, Block 5, Riverton, T.L. 190 a replat of part of Riverside Interurban Tracts, according to the plat thereof recorded in Volume 13 of plats, at 36, in King County, Washington; EXCEPT those portions of said Lots 13 through 17 lying northerly of the following described line: Commencing at the intersection of the South line of tract 38 of Riverside Interurban Tracts, according to the plat thereof recorded in Volume 10 of plats page 74, in King County, Washington with the easterly line of Pacific Highway South as conveyed to the State of Washington by deed recorded under Recording No. 1996812; thence North 12° 23' 12" west along said easterly line 203.50 feet to the point of beginning of said described line; thence parallel with the South line of said Block 5, South 89° 21' 12" east to the East line of said Block 5 and the terminus of said described line and excluding any portion of vacated South 126th Street. "B" - T.L. 602 T.L. 190 Lots 4 and 5, Block 12, Riverton Addition, recorded in Volume 13 of plats, at page 36, in King County, Washington, together with that portion of Tract 39 Riverside Interurban Tracts lying easterly of Pacific Highway South together with the entire 40 foot width of vacated South 126th Street adjacent and contiguous thereto. Lots 1, 2 and 3, Block 12, Riverton Addition, recorded in Volume 13 of plats, at page 36, in King County,Washington, together with the entire 40 foot width of vacated South 126th Street adjacent and contiguous thereto. 5 OF I "D" _ T.L. 581 "E" T.L. 580 S9OaiG1.2G0 • • That portion of Tract 38 of Riverside Interurban Tracts and that portion of the SE one quarter ;.)f the SE one quarter of Section 9, Township 23 North, Range 4 East, W.M. lying easterly of Pacific Highway South and southerly of a line described as follows: Beginning at the intersection of the South line of Tract 38 of Riverside Interurban Tracts with the easterly line of Pacific Highway South, thence North 12° 23' 12" west along said easterly line 203.50 feet to the true point of beginning, thence parallel with the south line of Block 5, Riverton, South 89° 21' 12" east to the West line of said Block 5 and the terminus of said line, and excluding any portion of vacated South 126th Street. That portion of tract 38 of Riverside Interurban Tracts lying northerly of a line described as follows: Commencing at the intersection of the south line of said tract 38 with the easterly .line of Pacific Highway South as conveyed to the State of Washington by deed recorded under recording number 1996812; thence North 12'23'12" West along said easterly line 203.50 feet to the true point of beginning of said described line, thence parallel with the south line of said tract 38, South 89 "21'12" East to the East line of said tract 38 and the terminus of said line. TOGETHER WITH that portion of the Southeast one quarter of the Southeast one quarter of section 9, township 23 North, Range 4 East, W.M. in King County, Washington, described as follows: Beginning at the Northeast corner of said subdivision; thence North 69 °26'44" West along the North lint of said subdivision 172.6 feet, more or lees, to the east margin of primary state highway no. 1, SSR 99, Pacific Highway South; thence south- easterly along said margin to the ecot line of said subdivision; thence North 1" 45' 39" East along said line to the true point of beginning; EXCEPT that portion lying southerly of a line described as follows: Commencing at the intersection of the easterly margin of primary state highway no. 1 (SSR 99) with the east line of said section 9; thence North 12 23'12" West along said easterly highway margin a • • distance of 50 feet to the true point of beginning of said described line; thence South 89" 21'12" East parallel with the south sine of Block 5 in Riverton, a replat of part of Riverside Interurban Tracts, according to the plat recorded in volume 13 of plots, page 36, in King County, WA, to the East line of seid Section 9 and the terminus of said line. G _ Lots 12 through 17, inclusive, Block 5, Riverton, T.L. 170 a replat of part of Riverside Interurban Tracts, according to the plat thereof recorded in Volume 13 of plats, page 36, in King County, Washington; EXCEPT those portions of said Lots 13 through 17, inclusive, lying southerly of the following described line: Commencing at the intersection of the south line of Tract 38 of Riverside Interurban Tracts, according CD to the plat thereof recorded in Volume 10 of Plats, ,JO page 74, in King County, WA with the easterly line C4 of Pacific Highway South as conveyed to the State .rl of Washington by deed recorded under Recording No. 0) 1996812; thence North 12' 23' 12" west along said ri easterly line 203.50 feet to the point of beginning CO of said described line; thence parallel with the 01 south line of said Block 5, South 89" 21' 12" east JO to the East line of said Block 5 and the terminus of said described line. MAP D 11 11,12.11. 17 ;, olacks3 gJutehh, 14,/4.4:ors 61. I 7 •- 7_- A \ "S. ••■ A \ A.,- PT t et: - - - 9 .7: c 4 1.01rt 1 '6,.tolL af.a. 13 Ade3:4-;o., 1- - 6 Land Surveyor's Certificate: Map on File in Vault This Boundary Line Adjustment/Lot Consolida- tion correctly represents a survey* made by me or under my direction in conformance with the requirements of eppr,vriAtA per r%rvrr, B1 Name: 0/4,1im. F-1.1,1% f A 18scidt/ ,20.1: • Date: trick, /9, /9 64 Certificate No. 4! •=1- "0- Direction: t40,41, 4. 4.r Ai' 1,•4), Scale: / " /oo Stamp: * A lot consolidation does not require a survey of the perimeter unless the lines are adjusted. (29/BLA.MAP) Page q of 9 • • DECLARATION: Know all men '.ay these presents that we, the undersigned, owner(S) In fee slmpie and /or contract purchaser(s) of the and h?rein described do hereby make an application for a boundary line adjustm ?nt /lot consolidation thereof. The undersigned further declare that the attached map is the graphic representation of said boundary line adjustment /lot consolidation and the same is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we have set our hands and seals. ,Ptie /1/-ki=i4,4"--- ame STANLEY K. W RRAN, ustee Name Name D. Michael Dunn for Sabey Conslbmection Name Name O STATE OF WASHINGTON . County of King Name Name v4 ttl r1 On this day personally appeared before me Stanley M. Overran CO CD to me known to be the individual described in and who executed the within and CD foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 4.7/4 day of J I9 ?S . STATE OF WASHTMGTnN J County of wing On Ihin off' day of 'r-Lb A D 19V.1—.. before me, the under. signeo, a Notary Public in and for the State of W3chington duly commissioned and sworn personally oppeared_g. —Mi ehasl Dun i and to me known to be the President a.z4 -Frsowtmy, respectively. of S�►�ey Colstru ^tior the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and vol.m. tory act and deed of said corporation, for the uses and purposes therein mentioned. and on oath stated that _he is authorized to execute the said instrument and that the seal affixed is the corporate seal of .aid corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. e. es, Notary Pubes lie 'n e d ►ter the State of Washington. residing at My commission expires: /o -I( -9/ No ryPublic In and for the State oflVashington ,reetdIngat Myappotntmentexptreson ,.y:,(.J.'.%3 (Aebnowl.drrnent by Cerperetlen. TICIrn TTTLE INStmANCE rout.tNV,IrrAL0tin NIt Fenn L 29) • • RETURN TO TESINC, INC 10029 S TACOMA WAY, SUITE E -8 LAKEWOOD, WA 98499 Nil 111 I 20001019000148 BAILEY EAS 11 PAGE 001 O p004S 11 pp KING COUNTY, WA RECORDING INFORMATION ABOVE EASEMENT Riw # (,t jA 000 13 (.i The undersigned Grantor(s) INTERNATIONAL GATEWAY EAST II1. LLC for and in consideration of "MUTUAL BENEFIT" Dollars ( $ -0- ) and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey unto Qwcst Corporation, a Colorado Corporation, hereafter referred to as "Grantee ", whose address is 1801 California St . Suite 5100, Denver. CO 80202 its successors, assigns, lessees, licensees, and agents a perpetual easement to construct, reconstruct, modify, change, add to, operate, maintain, andxg js such telecommunications facilities, : •• , .nd artenances, from time to time, as Grantee may require upon, over, under and across the following yo descnbed land situated in the County of KING, State of WASHINGTON, which the Grantor owns or in which the Grantor has any interest, to wit LOT 3 BLK 12 & LOT 5 BLK 39 CD CM SECTION 10 TOWNSHIP 23N RANGE 04E TAX PARCEL # 734560 0885 & 734060 0602 SEE EXHIBIT(S) "A & B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF U CD (1) A temporary right -of -way to be used during all penods of construction, reconstruction, reinforcement, repair and removal upon a strip of land -0- feet wide on the -0- side of, and a stnp of land -0- feet wide on the -0- side of said easement Grantor further conveys to Grantee the following incidental rights (2) The right of ingress and egress over and across the lands of Grantor to and from the above - descnbed property and the right to clear and keep cleared all trees and other obstructions as may be necessary for the Grantee's use and enjoyment of the easement area Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the nghts and pnvileges herein granted Grantee shall have no responsibility for pre - existing environmental contamination or liabilities Grantor reserves the nght to occupy, use and cultivate said easement for all purposes not inconsistent with the rights herein granted Grantor convenants that he /she /they is /are the fee simple owner of said land or in which the Grantor has any interest and will warrant and defend title to the land against all claims Grantor hereby covenants that no excavation, building, structure or obstruction will be constructed, erected, built or permitted on said easement area and no change will be made by grading or otherwise to the surface or subsurface of the easement area or to the ground immediately adjacent to the easement area The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto Page 1 of 4 EXCISE TAX NOT REQUIRE' tag ounty Reconis Divisir' BY. Deputy • • RECORDING INFORMATION ABOVE Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the Amencan Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof The arbitration shall be conducted in the county where the property is located Dated this Grantor Grantor Grantor Grantor day of Oc_iruk.),21e- (Individual Acknowledgement) STATE OF WASHINGTON COUNTY OF } )ss } The foregoing instrument was acknowledged before me this day of , 20, by (SEAL) Notary public My commission expires RJW # IA)Ar00b 136 Exchange CHERRY , 20oo International Gateway East 111, LLC (Official name of company or Corporation) By 4 AAMES N HARMON, CFO Its f O cc SABEY CORPORATION )MANAGER (SEAL) Attest Secretary of Corporation (Corporate Acknowledgement) STATE OF WASHINGTON COUNTY OF } )ss } The foregoing instrument was acknowledged before me this (o't — day of r , 20 c.(), by of -a....(4.474 C e >o a (1) akc' ` 4.61 u).A ,� Corporation, ptr*aIU `'� corpor anon: 44,, ; " 0. a35.',; ($EA L , _� ,,, 0,_ J . 4 a. Notary Public My Commission expires y- ls---0(-1 Job # 02WC475 County KING Y. Section SW Section 10 Township 23N Range 04E Page 2 of 4 • • EXHIBIT "A" LEGAL DESCRIPTION LOTS AFFECTED BY THE 10' QWEST AERIAL CABLE AND GUY ANCHOR EASEMENT PARCELS B AND C, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO 89-6 - BLA, AS RECORDED UNDER KING COUNTY RECORDING NO 8908161260, RECORDS OF KING COUNTY, WASHINGTON AREA OF THE 10' QWEST AERIAL CABLE AND GUY ANCHOR EASEMENT A 10 FOOT WIDE EASEMENT FOR AERIAL TELEPHONE CABLES AND GUY ANCHOR PURPOSES, BEING A PORTION OF PARCELS B AND C, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO 89 -6 BLA, AS RECORDED UNDER KING COUNTY RECORDING NO 8908161260, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN GOVERNMENT LOT 15 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 10, TOWNSHIP 23 NORTH, RANGE 4 EAST, W M , IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS THE SOUTH 5 FEET OF VACATED SOUTH 126TH STREET FROM THE EASTERLY MARGIN LINE OF TUKWILA INTERNATIONAL BLVD (ALSO KNOWN AS PACIFIC HIGHWAY SOUTH) TO THE WEST MARGIN LINE OF 34TH AVENUE SOUTH, ALSO, THE NORTH 5 FEET OF PARCELS B AND C, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO 89 -6 -BLA, AS RECORDED UNDER KING COUNTY RECORDING NO 8908161260, RECORDS OF KING COUNTY, WASHINGTON ca EXCEPT THAT PORTION THEREOF WITHIN AND UNDER THE EXISITNG BUILDING (COMMONLY KNOWN AS 12606 PACIFIC HIGHWAY SOUTH) SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON GRANTEE WILL MOVE ANY FACILITIES AND /OR EQUIPMENT WITHIN 180 DAYS OF WRITTEN NOTIFICATION AT GRANTOR'S EXPENSE RIW REF# WA 00023' PARCEL #734560 0885 & 734060 0602 CPD#02WC475 Page 3 of 4 • • EXHIBIT "B" PORTION OF THE SOUTHWEST QUARTER, SECTION 10, TOWNSHIP 23 NORTH, RANGE 4 EAST, KING COUNTY, WASHINGTON 1 1\ x.V./ N84'18'50 "W '�'� -( 112 73' -\ 1 ld4. o N w, \l � ' 1 Cl, 1 l zi o N r0 CO 1 - co q cn. o LA lo 2 1 QWEST EASEMENT 10' STRIP N ;CALE; 1 "•100' 1 I u+a� o `� EXIST. UILRING �itb 4 Q 18 1 ♦000 I ,11� G wow QG5 1 4 s 2 } z 1 1 1 ' I 1 277 34r 1 I Z 388 48 2 W 2 ''1 1 \ \ N 1< ' \ r- \-- �p1�- 6 ---1 1= !� \ `$ 1 \ Uf ws -R19f, I 1 \ N L. \ QP %" —I 1 11 I I f I 1 1 1' T. I 1 � C 3PS N I 1, 1 1 �•- a 1 Q 1 0\ `pz �0. 1 LN 411, I c. <4, I G1 I t►��ti� � PSG' � 0 Ep i %°4`Y�E dik I v ' PS I '6Gpj oe o111 14 y , 33891 e 5Q"w 280.12' cv c SotiThf 126TH STREET \ :.-1--":"2.7T2.7_7:72.---T-1—.1:f —Z=7 r 1 1 CABLE dc GUY ANCHOR' co— 1 PURPIOSES \ i-. C °1n z \ \ 9 I 4412_ � 601' 16 15 R/W REF # (AA DOO 2,3C PARCEL #734560 0885 & 734060 0602 CPD #02WC475 1 389704 41 W + Page 4 of 4 20030327900002 DE(3.63.6311N . NEI/4 OF THE 5E1/4 AND SE1/4 OF THE 5E1/4 OF SECTION 9 AND GOVT LOT 15 AND SW1/4 OF THE SWV4 OF SECTION 10, T23N., R4E, W.M. CITY OF TUKWLA KING COUN TV. WASHINGTON BOUNDARY UNE ADJUSTMENT NO. L02-057 . .• KNOw..AII NEN Flf DES ? 1.0 41(4115 HAT N Ts enesme a °mor(s) a M LAM: AMAN UtON1011 DO ANPFTY HME A RANNON/y i NT N9110114140 MEINCIF ROWAN' ILI AIN.Sillf.C40 0110 00.1AR(1 MS AILLISINENT 10 f• THE GRAMM EltiRESENTATTEN OF 1100 SMe. MAU INA) SAID ALTACINEN I C. 144,09 NTH me. :FREE CONSEIN kb IN AXLVITANCE CENT DC DESN(S OF DIE OrNUIES) N 44)4005 0001)41148 Kt HAVE MI MN ,NANDS.ANDSINI INTERNATIONAL GATSWAy EAST 01.1. ISY SAgi (7904310AI01 MANALUER...... •••• INTERNATIONAL 501(004 LAST II U.C. .. 110 SALCI,CORPORA MAL' MANNER. ..... INTERNATIONAL GATEWAY LAS, s 1.16. BY SAINT CORPTINA liuN MANAAAtfA. JI,LS N HAN1.10.4. INANC7AL 0)4,01. ' olIA It SO LH, AND SEC.1411ANY STATE 0)' nATAANG10011 CO014 TY OF 14,345. Os I LFRTIFy HAT 1 KNon GAI •48.4 SATISFAC,MTEI EVIDENCE 11441 AMC 5 N. HAPIAVN IS Da PERS. WHO APPLARLU ([(08000. AND SAID PtIASUU ALKNTALEDICI) INA. (Hc/SH•) TITTNFIT THS mSluumi NT. ON OATH sTAllo nI. I KT /91r 9•Af: ALITI,FIrT TO Eau. II THE IN5f44n94041 min Aol40401.1VCCO O 45 TIC CF0/19•EASIMEA/SMNETA,AY Of SAW,' CCOPORAPP. .A.V■AGEI A1.213,Artt7.1.. (A51 Lis. mt. /.7X.el...,10:ve..__ ):ATTEAv rAsT A !AC AAA) In1000451014.41 CA rifle, CA'.., .. ' ' To 441. INF FErfF AND vow/JAL • AC1113, SAGE 0.1002.1 .800 4-44' 01.15 *10 Pc•PGLEs me.1,4119•110 IN ME INSTRUMENT. ..'' 1 ,.• • • SI01A TUNE OA .3y.C.90 '", .: . .. • DA TEO Nowt), ructuc LA-- (Kent HAN) 4"/C.Au.'. di., :::: 0I'4'001 041(05 E.1(FIRES • .• • • • • • • • • • • • • • • • • • • • ......••• APPROVAL . • ROMENCO NO APPROVED Of 11C SHORT 001305I52014 COMMITTECANG riLkERY crphrun roo TING 5145 '1160 DAy Of NA,PAC•li 2003 n T214118. 44I001 SUBDIVISION COLOAITIEE KING COUNTY DEPARTMENT OF ASSESSMENTS (YAWNED AHD APPROV07 119S DAY Of Al.A., 2003. 5c.01-4 Noble, KING c17•ANTY AsSESSOR ',11(1.6K.O.,t(011 DEPUTY 14040 COUNTY ASZESSUR 1023 CA-10-19., POP( ce3F2.. fiY4e.n- G(012-, oBS5 G5F LTCN DESCRIPTIONS BEFORE BOUNDARY UNE ADJUSTMENT (PER MA $.2000-072 AFN 20001213900708) THAT PORTON Of COVERNMENT UN 15 AND DYE 540011019S1 WARIER Of PIE 000011051 QUARTER SECTION 10 AM DC NORTHEAST QUARTER Of II( SOUNEASI OUNATER. SECTION IL ALL el 10011(8E 23 NORTH, RANG. • TASE WIA IONS COUNTY. WASAINGTCW. DESCRIBED A5 F011ows. C(MIEN)INC AT 11E 'CST 014E-004*IER COSTIVE Of SAID SECTION 40 144040 501114 019•02' *1ST 01.00 5141 ST 11t 19CREO OISIACE O 107.22 10(1 TO A p.0 .sA0u.1 THENCE LEAVING SM) um': SCUM 87-32102 FAST A %STANCE Cf 512.24 FEET. TICICE SOUTH 044002' 9,11.1 8 INSTANCE OF .7.03 FEEI 10 ME ME KANT 10 BLIPANNO ITIENLIE NORTH Mine TEST A DISTANCE OF 016.22 FEET, ..114c1440 0041111 .171105* EAST 4145101810* 'rea. fEET• I440I44015011111 229418' EA.ST A DISTANCE OE 220.58 FEET TO A P01411 01 1100 REST UNE CC SAID 0OVIPNA4111T LOT 15 1H01%?(F4VA1G SAD NS) *1* 50)81 xrscres' EAST A INSTANCE CF 471.20 REG 500118 O8602' NEST 0110544401 Of 501.981.415. IHERCE SOUTH atr.LT:f•f_ka A DIETAMT. Of 371.41 FF,T; •• MPEAW 514J10.304* 02' WILE A OPTANCE Of 247.71 4121 TO IDE NONDICAST 0201101 OF U3I 10. .DCWADSON 10/1110N ACODHp RD TE OAT PERFO PECORTO VCUAE 20 O RAS, PAE :48pECR00 Of *185 01(41050. 11991CF. Seua *119.01(04) A otspu: ti or'S6.92 TEEL RENEE SCAITH 8918'601 EAST 02(004200. FEE; 10 ISE VC.St MARON Of .35111 AVEHUE wRiEiNOL,„ NORTH CIINGOZT EF■51 A OTITANCL OF 1178 FEET. liNNCE NORM 01,16•0)' EAST ALONG SATO 4051 BARON 8 DISTANCE OF 651.78 FEET TO A PONT THENCE TEATNIC.sAin MAX& NOROI 0441059' TEST 0(4014410. OE 227.95 NET: TICNGE ROHM 0149071•E01,I A DISTANCE CV 14000 84(0; DENCT/jORTH FIT113'57, MYST A DISFANCI. CIF 301E0 !FAY 10 THE P04441 01 BEOHNING. (0.L501Ine0 eleatil. AS TOT 3 O. BOUNOtNIiINE 0D.015110101 4148'1.2000072. RECORDED UNGEN 01140 001/011 WaTANNIC 44(4, 21041'1U900000) GITUANCD 14,111E 018 cr .490010.r.IT0UNTT OF K045. KIATK:OF WASHINCTIN. LOU .EFER MA /129:10-072 'Are 2000121304:00010 • :• 1HA51O4T04* GOVERNIKENI LOT 15 ANE•ilE SOUMNEST CATARTFEITF BCE WIDEST ."..• at/awe:a-p.m) In NM THE 501410(101 0)001(0. SECROH 9, ALT 144001490* 23 14104)9* RADIAL 4 EASE.,10.11... taNC:cuLNIT. 8458ING1044..32E50681.13 05 404.40401? C0*0(114144C At Tilt CST ONE,CUARIER CO041414 4.1 SNO SECTION IC • •• THENCE 50010 014601' NEST MONO THE EST ,114E DCREF•A OS.T• AE r 10722' EFIT TO A PON1 ON SN UE. THENC TEAVNC SN4 IPE SOUTH 9T3TI2IEASIA9t04G OF 01224 FEET, liCTICT sage orteot• WEST A MIIIANTI. Of Ny2.03 rtE I: ..... 144'600 0�118 42113510 *ST A 015144102 OF 616.22 41E1 . 10. • 1 ( IAUL P(400, BTUNNNC: .' ,• . !MAL 500111 329915' EAST A DSTNC Or 26.64 TrEl THENCE SOUTH 2217416' FAST A DISTANCE: OF 220.514 FEET TO A PONT TN THE TETTT. INC or sun GITERNATENT LOT IS. THENCE 4EANN0 SAID 80.01 UM: Sam 70-30440 FAST A 54514001110* 47128 IFT.I. 1.. DUNCE SCUM 01•4601' CST DASIANCL 4,03.10 81.10; THENCE N1144111 11918AI11. 0(05) A DISTANCE OF 502.04 FEEI TO II( CASI *ARON Cr PRIMARY STATE NOMA, NO. 1. SR 99, PACIFIC HIGHWAY 910111: :Tata A14140 IND FAST MARON NORM 075207' MST A DISTANCE CC 31212 FEET. ilifNLT NoRni 12•2303" CST 1 015IANGE (8 45920 FEET TO ITC MOANING OF A 1061(10-F001 RADIUS CURVE CONCAVE 10 THE FAST: MORI NORTH 42040 SAID CUNW AN ARC DISTANCE OF 30200 FEET DRENCH A CENTRAL ANGLE OF 1610301. POPIT Of TANGENCY: TH/NLE. ((AMC SAIO CAST BARON Noah) esonr EAST A DISTANCE Of 170.45 FEET 112.JI44l')491 Or BEGINNING. (ALSO INSIG: kwom4 AS TOT 4 Of INNTIMARY (NE An.USTMTNI 140. 12000-077. erraTnro OM(R KINC *noisy RECORIANC NO 20001213900306) LT T SinfAIED Di NC art OF 400441,0,,. (017100 OF KING, STATE OF 8A1042401011 ...• .:.:' .• of .3i,-nk p'4(-NU( sktTA : 1 THAT PO.ICN Or Ffi als•wi-oc.-WAY (•■A' 3 STO METTUE SOOTN LYNG...BETWEEN THE SOMIFILLY Ne010112 OF SOUTH IINEM. STREET RIM RiNERITALY .15E T'kf tiptat UNE 0.P LaT `f OF THE ..PLa 6F,S15AIR4DSON M012100,:' AS F.railiDED 142 LtoLUHE 2,0 Or 1.1.422 Ar..PAc-0-44, 4(10004113. OF .KILG-CIoterry ,-.1AAsHmaaTe Erpparo E4PtCLY To TIIE EASEALY hlAe;P .0- 55re AyrNue 5.60-re. .• .. -.....•. ...: ,, . . .. . .. . . . . ' . .. • ... .... • :*'.:2.. :................. • • • Lau (114* MA 4E2000-042 MN 20001719900001) PoRDON OF GOKRTMENT U7T 15 AND TIC WANKS, WARIER CS TIE SOUTHICSI OUARTER, SECTION 10 *00 ITC SCUITCAST WARIER, COWIN 9. 414 0 ITNNSPIP 23, NORTH, RANGE 4 CAST, cm. pi KING 03111111r. 6A9IN0T01. 105CRNE0 MIMS CONNENEMC AT Dr PEST ONE-0111011K LERNER OF SAO 100004 )01 MENGE SOUTH 01.41,02- WEST *4 0000 THE NEST UM. 11401001 0(950000* Or 107.22 MET TO A POINT ON SAID TPC. THEIla LEAVING SRO UNE SOUTH 117•1212' EAST • DISTANCE OF 51E24 FUT: THENCE 51:10511 01.46172' 1ES5 0 CAITANCE OF 373.93 MA 10 DR. IsuE PONT CF ecceratet 1114*01 ODNINTANG south 0V4E02' AESI A manta or 29.00 TEET: THENCE SOUTH euro'ser EAST A ONTANDE a 30.00 TEEL THENCE SOUTH 014507' *051 A MSTANCE 10 00.00 FEET: MINCE SOUTH se-aur cAst A DISTANCE Cf 227.95 FUT 10 IC IACST HAIM TV 35111 Ayhttur SCUDS MENGE 0044. 0146*E2' FAST &ONG SAID uNION A DISTANCE OF 71.611 FEET TO A PONT UN SAM 0441010 AND ME NONTI MOON 04' 0011114 124TH sTREFT: TITACF 506A14 6911*50* LAST 01000 SNO NORTH IAAR1141 0 015121100 OF 7988 ME THENCE LEAVING SAID mARGIN NORTH 01910r FAST ALONC A uNE PARI411( MOM etc CST 10* 04' SAN) CCHERNANNT 101 058210 BOOM TELT THEREFROM 6054080. OF 407.17 ral: PENCE SOUTH 5910*30* EAST A 051A010E OF 20.00 TETI TO ec samara Caetre Of THAT (10 *110 PARCEL DESCMBED 041 DM SECONDED *0000 181 00 5017429, MOANS CA RING COLONY. WASHINGTON: THENCE AI ONC DE MST Inif OF SAID KAN= NORTH 01.4602' OAST A DISTANCE OF 339.03 FEET tO A 1.1)41( 10 SAW CST LNE• 1400CL LEAvINC SAID UNE ecent sn-Tse- MST A DISTASTE OF 3*1.00 1E11 10 nit PONT TN BECOMING. (AL93 DENG KNOIN AS I OT 5 EF 04092)081 *2(0 ADAISTLIENT 140. L2000-042, RECORDED DARER KRAL COUNTY RECORDING NO. 20000025900001) 90.45(0 )11 TITC CITY Cf 11111841A Cap4TY 01. 1040. sFAIL PASHNGTON. p.A0EL2E (PER MA 010 -41-100 AnT esabenno LOIS • AND 5 Di BLOCK 12 OF INVERTON ADOMON, AS PER 1HE PLAT RECORULD IN VOLUM 13 .... ............ ...0.- PLATS, PAGE 30. RCORDS O AMC CUNTY. RABNGTOL TOTER WTH NAT POMO. O TRACT 39 Cf MARION MILIMNBAADIPACTS. 05 1.60 DE MAT MoaRIXD N VP UTE 10 Of ,• 14 AT,•••19AGE 74, RECORDS Cf MC CORM: WASHINGTON. 11140 EASIER, OF PATRIC MOONY ... ... scum. 1091:50021 WM 101 (445141- 40 TOOFT40111 OF vACATED SOUTH 1261/1 STREET ADJACENT .., . • • ••••••-„,. ..,(ALSO ECING2KNOIN 05 1(81 8 OF DOUNDARY LITE ADJUSTIIENT Na 09-6-1*14. RECORDED - ' uNCER K410.4011408 EgITNITING N0;8900161260) .. . • SITUARDIN TIC 5111 01 TUKNLA, COUNT, Of KINC. STATE OF WAOING01, • • .• .. .• • • • .• • • .• •• - .. • VARCEL.-F, • (PER fte./04-6-ELA Me 0706161260) . f LOTS 3(2. AND 3 IN.'111.001 520* 841(0101 6011106, AS P111 DIF pi AT RECORDED 14 ATONE 13 at PLATS. PAGE•315. 8E03005 OE KING MINTY. RA944401014. TOWNER NCH HE ENTRE 40 COOT TROTH OF ,VACARD SUM 12610 STREET AomcEN1 AND CONPWOUS maim fiLLST)' 91FANDIF40.1 AS LOY C 0* 11110010Y UNE ALLAASTABOIT 80. 419-0-8*14, Iacono) week IneE'cousrt 111GOS1ING No. nnoelizso) -•••• SITUATED TN INE 040 1110819 COUNTY Cf INC. STATE Of WADDIGTOD. eAR00L_17.: (PER DILA 84L20(1-072 PIN 2000121300007e) NA, PORTION Cr GovEnwsEHT 104 45 AND ME SUMININST QUARTER Of THE SOLITIMEST OUARTER. acne.' 10 AND TIC 500004A51 WARIER. SECTION 9. ALL 14 raw:star 23 MONDE RANGE 4 EAST, P.N., 04 010 (1914 75, 6A90AC0(8I. LIESTMIND AS FOLLOWS, BEGVNING At ITIE INTERSECTION OF THT snuni ow of TRACT 38 OF MANSKE INTERURBAN PACTS AS RR PLAT 1210141414 VT VOLUME 10 Of PLATS PACE 74. RECOMTS OF KING CouNTY. wASHINGITN. 11111 ITC CAST MARGIN Of" PACTFIC 140144A1 500110 MENGE ALONG SAID EAST MARGIN 140)111 127303" AEST 0 DisTAsa a 294.34 FEEL THENCE NORTH 070207" ITCST A DISTANCE Cr 220.45 101.1, W411 LLAMAS SATO EAST mARON SOWN 601005' CAST A INSTANCE OF 25204 FEET; THENCE 501111 01•46•02" WEST A INSTANCE CIF 479.02811(1; TITENCE SOLIDI 0/1135AT OAST 0 testAma OF 321.41 FIEI( THENCf. SCUM 0,41*02" VLSI A DISTANCE cr 217.0 FEET 10 THE NOR111FA51 COTNER OF 1.01 TO, DONALDSON ADDITION 000.41800 TO INF MAT THEREOF 0*00*1410 LAcuic 20 OF PLAT5, PAGE 46. RECORDS OF kiNG CONTE. KINNINGTON: ': THENCE coNnNutmc 1110111 01•4602" *1ST 0 UISIINUE Of 119.95 FEET 10 Ili • SOUTHEAST GORWER PENNE 040 TIC 4014114 mARGH OF SOUTH 126111 STREET, .00ICE NORTH eele'sn- MST A INSTANCE OF 100.03 TEXT; 'HENCE SOUTH 014602- 415.I1 A DISTANCE or moo arr: HENCE N047214•8990150: MST A INSTANCE CF 363,09 FEET TO 11E EAST LiANGIN Of' PRI043Y.STA5T 1110119Ar 90,1 9159 KMIEC NOTWAY SONTH AND THE PONT Of 50G941404(1, (N.50 BENG *401M.A5 PARCEL o'a BOUM/ANY UNE ATELISCENT NO, 12000,-0/2 IttO:R013) LIMES KING CpUNTYPICONTANG :200817179040668), • SIDIATECCA aivor nnomi A:CONTI-LK' ONO 51A11 OF KASNINGTON. SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY IAADE BY ME OR UNDER TAY DIRECTION IN CON- FORMANCE WITH THE SURVEY RECORDING ACT AT THE RECAJEST OF _ _ SAM, ITanIALOt. ON WARY 20 NMI _te4Tet • SIGNATURE DATE CERTIFICATE RECORDING CERTIFICATE FILED FOR RECORD I)4S2,.7__ DAY or..Mil-- 200A 42,/ ROOKG.C2A_OF 9U115E15 AT PAGE .26',2. AT THE RECILIEST OF 6056 7,4.00)45 ANU ASSOUVILS .___IA2fLeiLLY4.201.•ZIA.Aa. SUPT. OF REOCRDSU70 7 3aTON, -ff.-. • -T. Arf RLGORINIC NU RECORD OF SURVEY / BLA FOR INS SEATTLE DISTRICT OFFICE INTERNATIONAL GATEWAY EAST, INTERNATIONAL GATEWAY EAST 1, AND N1T=RNATIONAL GATEWAY EAST II CRY OF 119:WLA, 24940 COUNTY. WASHR4GTON MS OF V2, 0e/4, C. 9 Me FT/49 OF SW1/4, C. 13. MN, R4E, WA DAVID EVANS AND AssoclAyts,N;• 1620 W. Marino View Drive. Sao 15:* Everett VVashingion 90201 Phone: 425.259.4099 OF 3"l. FEwEiPtALE / "=100' su FtatitlooK DRAWN 0;ED r(a.! PLR 01C001421 NE1 /4 OF THE S£1 /4 AND SE1 /4 OF THE SE1 /4 OF SECTION 9 AND GOVT LOT 15 AND SWI /4 OF 711E SWI /4 OF SECTION 10, T23N., R4E, W.M. air OF TUKINLA KING COUNTY WASHINGTON BOUNDARY UNE ADJUSTMENT 440. 002 -057 I FGA[ ASCRIPTIONS AF-ffR' D^11NOARY UNE ADJUSTMENT LOL.3 MAT.POOMIN Of GOORNJINE TOT 15 AND 1C 50/TMEST QUARTER OF ME 501DICSt X40' 4. Cy5 6 44. N AN0 04" KING COUNTY,' S641011457 M/96NG(ON. TfSC16E'0905 101401STM1 23 NORM, • • CONNFIECRIG A2ME *851* ow- 01AR7[/1.CLkMR re- SW wearer t0. THENCE 5011514 DI'46112' WEST AL01N%(NE •St LOT DEMO' • DISIAN6 6 107.22 FELT TO A POINT 04.SAD lNti ToNCE•'EfAN10 SAD INE S0J01/1r1S17' EAST A OISIANCE OF 512.24 F5TT: 661401: 50419.0041(02' (E57=4 0151AN6.:06 402.93 0LEE, IC 14.E WE POINT OF 6E01RI14G; ,.DCNCL MAIN 861356 poi A DISIAN6 :6 30.00 RV: THOME SOLIDI 014'0!.9(51 A 0151ANLF 42 659.9),FEP: TEN0E NOUN 661456' 0151 A 11ISI6/46 6 36362'6011.. •• .' THLNcE:MORDI 203037• 67)5) A DISTANCE OF 47178 NEE' 10 0 PONT ON 11E NEST LINE Cr s,No D0N-gMpT LOT IT . -.- NOME '1LA1N1G SAO MST INE WORM 22104:EE' NES0A 021ANR 1.6•270.58 eta 110[3 Nl(liC.1'(09'IS' 6C.1 A'465IAN4E 01'1664 _TEEN: 176146 59.161 611.1111 ,053 :A 0.51AN11(46 616.1i 411T 10 TE 0(49. O 0.0•0040. 91t(0100 N D( DTI OF 1IR64M5 CWIRY OF RN6. STAN: 6 16A9p,GTW..,•, • LQIf • THAT PORTON 0 60064NM(0T 101 15 AND ME SO161M51 demur o6. NIT 104101015.1 0407116, SECNON 10 AND T( SWMES'T WARIER 'SC1100 6. ALL N IOWN'1HP 23 NORM. RANGE 4 EAST. IOM.. N KING CIAO II, W09MNGION, DE51.19920 AS 001005: 1U1MENCMC AT D( 9(53 0E- WARIER DOOIER O SAID'TC11W 10; - REN02 5011E 01•(69! CST 40040 1140 *CST I11L 114446 A 5)51AN11 0 107.22 11311)3 PUNT ON SA111 LINE; 11(710E LEAVING SAD INF. SOUTH 663.1'12' CAST A 0451AN2 Of 51774 ;Tft. DOME SOUTH 01'460r REST A DISTANCE 6 373.93 TEST 40' TNT 0111E PONT OF BCGINNNIV THENCE 61N0114IN1 50101 01'46'02' 0:51 0 0150210E Of W.00 IEEE 110412 50/1* 661056 EAST A DISTANCE OF 30.00 FEET: DOME SOUTH 0'4602" C5T A 0451At1 6 740.00 FEET. THENCE SOUTH 661059' CAST A 0610102 OF 277.95 FEET TO nE .6ESI MARCO or 3501 AVENUE SMITE 116)401 NORM 0146'02' EAST ALONG 5A0 MANUN -A ("STANCE 6 21.06 FEET 10 A PONT ON SAM NANDI UM ME HORN WARM 6 5011111 12473:1304-ET: TEND. AVM 6,1650' CSI ALONG 5AC660,00N A 6057Mf1.U( 26.66 0107. THOME IL0N4G 5A0 MAIH2I N01111 01:44•77' EAST KONG A'146 :PMAIIEl 91111 711E 0651 LINE OF SAO 00VNRNF651 LOT 15 AND 80000 FEET EASTERLY 1.1EN0N10! :A DISTANCE 6 407.17 MEN . THENCE STAIN 09'1650' EAST A MS1ANCE OF 20.01.6132T TO 716 50111111(651 COMER OF THAT LSNMAN PARO1 0(51404141 IN 40 RECORDED UN4NA ((23)1O.:617.79, RECORDS 6 CNC COUNTY. MA11Mr.TO1/4 THENCE KONG 1TE *EST NT•r SAIO PARCEI,,NONIM 01'46'07 EAST A DISJNCE 00 339.00 FEET TO A raw no SAID 6051 UNE, " DIODE LEANED SAD UNC NORM 66-13:51E2 CST A DISTANCE O' .70)20 FEET TO 154E PONT ON 6071110. SITUATE RE 54*')' 0 RRM4A COUNTY 6 ANC. STATE 0 WASIOHG1N. Lai 11741 MORROW OF C06(RMYO4T LOT 15 A20 461 SOUTHWEST WIRIER OF DE SOU1NQT WARIER. SECTION 10 A10 RE 49U1NEA51 WARIER. SECTION 9, ALL N 1011494P 23 NORTH. RANGE A EAST, O.Y.. N RING COUNTY. WAy1NG1011. (ESCROW AS F010M5• COMMENCING AT D6 DST OIE -01./M1ER COINER 6 SAID SECTION 10, IN04(1 50101 01,0'02' PEST ALONG 174: CST INC THEREOF A INSTANCE OF 107.22 1711 TO A POND W SAID UNE. 11(H6 LuNMG SAO UAL 50UM 8x3012' EAST A DISTANCE 6 512.24 FETE TRACE SOUTH 010602' CSI A INSTANCE 6 102.93 FEET; THENCE hotel 681554' NEST A DISTANCE Cr 616.22 FEET TO THE 7161E PONT OF DE0NM9G; NONCE SOUTH 3709'15- EAST A C4IAN(F OF 7664 TEEN: .94740E,0011114 22•416 E051 A 0151413 OF 10270 FELT: 0(101'10101 797657 NEST • INSTANCE 0 22641 FEET 10 A P17Mi ON DE EAST ,ANON 6 POMMY STATE NOWAY 140. 1. '40 99 PACIFIC HEN! SOUTH SAO PONT BEAM ON A NON -RADIAL 1011.00 0001 -RA0N5 CURVE CONCAVE 70 16 EAST AND 1004 6040) 11E. RADIUS PUN) BEARS NORM 069611 4057. 001Q 8006(6.9 4142N4•644) NAR0N AND 5/10 WPVF AN ARC 0:51/16 OF 14410 1E•:-T ',ENROL/GA A (11W701 /NOE Of OT1013' 10 A PQN* ON 510 MARGIN ANU SAO CURVE MONO 116,NC SAO YN10N 9.04.t/81 00104 AL01C A NW' N0DIAL UNE NORM 6Y0TIr FSI 30 01141060' * 170 45 FEET TO 0E P4)41•0P 61101116. • ¢/LIMED 44 TIE O1Y.06 141I11A, COON7Y OF NINE. STATE OF MASNMGTCN • LOL3 DIET PENNON Of CrY•ERN4E140 E0T 15 N01 THE sou:TI O 01.4.1410) 6 THE SOWIA1051 QUARTER. SECIIUN 10 ANO'111E SOUTHEAST 0140110. 'EDON 9..013 M 100714474 23 000)0,3 0001 4 EA51, M.M., N RNG JNEI,:MA751INGT]N; 0ES00000 AS 0A106S COMMENCING AI MF NEST ONE -QUARTER CORNER OF SAD 5EC110N 10, 1104E 5WIN 0166'02' Cl ALONG ME 6C51 WE DIER1O"4OSTANCE C( 107.72;011( TO A PONT W SAD )NE: THENCE LEAVING SAO LINE SOUTH 91•33'12' (AST A 0451AA0E OF.5)7.74 0714 710CE SCUM 01,6'02' CSI A INSTANCE OF 402.93 FEET PENCE 54016 8613'56' CSI A 051ANCE OF 6(8.22 6010E SCUM 329915' EAST A DISTANCE 6 26.65 RC1 ' "- ••.,. : •• ' TI(NCE SOUTH 229E16' EAST A DISTANCE 6 220.56 FE11 TO A PC015 W THE VLSI UNE Of SAID W6(10NEN1 int 15; THENCE LL6VNC SAM MST INE SOUTH 2610'53' (AST A 0151AN0 OF 471.2E FEET 10 ME TRUE PONT 6 OCO6RPN6 146NCE SCUM M'14'26' EAST A DISTANCE OF 30.550 (141. 11E1411 50144 01,602' NEST 0 05144406 OF 80.06 FEE1 . 114101 501111 661356 EAST A DISTANCE OF 22/15 071. THENCE SOUTH 0'4692' MST A 165116E (f 38.13 FEET: TETRA 500M 89'I7'00' 11451 A DLSTAN0 6 50.01 1EE1 TO 100 EASTERLY 460071 OF DE VACATED 1511: AVENUE SWOT AS VACATED BY 019 OF 0116010 064/4ANCE ND. 10771 HENCE 50001 01.46'02' MST KONG SAM 44AR(214 A 045TAN12 OF 613.65 FEET 10 6E 5OIMEA5ILEY COINER OF SAID ROAD VACA110.; 11•16 NORTH 69'16'50' NEST A 051AN12 0 27010 FEET. 6 EN6 SOUTH 01'46'02' MST A DISTANCE 6 73.76 IEEE MINCE NORM 69•1650' CST A 051442 OF 55.02 raft 10 14E NOR ITTE05T COWER 6 101 10, DONALDSIN AI7IMRON, 6(00 41NC TO THE PLAT MERLO 01(04010 IN YOLUMT 20 0 FIATS. PAGE M. RECORDS or RING COOTE, WASHINGTON: THENCE NORM *'4692' EAST A INSTANCE OF 247'11 FEE1, :HENCE NORM 68'1!'56' CST A DISTANCE DI 321.41 TETT; (HENCE NORM 0•469! EST A DISTANCE 0 562.96 MT TO ME POND OF NEUNNINC. 9MA110 IN THE OTT or TOOILA COUNTY OF 0810, STATE OF W039NC5ON. SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CON- FORMANCE WITH THE SURVEY RECORDING ACT AT THE REQUEST OF 5AIUEY TXEP0R0T17A1 ON 4 fF TNMr 70 2003 • SIGNATURE DATE CERTIFICATE N0._ )6904 .1NA1 PON014 (34- tAKINNU4T 101.15 010 ME SWIUMST.00M11R OF 154E SOUM64751 "0/42510 *06001 10 ANIL'T40 S017MEAST 0/M0ER. 50(0•9, All N I096S44P 23 NORTH.. RANGE 4.FA5). M.M., (.RING (QU14R, *05.650104 . 654.0150 AS 1011045: CJAT4NCNG Al Ti'0E5T OE- QUARTOI CODER 6 SAID SCION IR'(.' ', TENCE 53CM.01'4602' NSE:40G THE:K51 ENE THEREOF A DISTANCE 6107.21 FEET 1D'A PORT W SA0'1141: THENCE IEANNG SAO UNE SOU01 8E5311' TASTE'D'S ONCE 0 51214 REi; THENCE SWTI 0,6712' MST 4 DISTANCE OF 402 93 IEEE; " THENCE NONNI 6N1058' CST A-DISTANCE Of 61622 11(1..1 RENEE SOWN 320916' EAST • O$TA4CE, OF 1664 Ell-Tr 1DI • THENCE EDI 271411' EAST A DISTANCE OF NiO 75 006 TO 0!E •TRUE PER11 (('06041461.11 .. MENU CON1NH04G 5015 219416 EAST A (A51ANCI DE 11E631EL1 TO A P5561 ON 0[6'0151 1111E OF SA.0 60VTWNMENI LOT 13 THENCE 1654116 SAO 6E51 LACE STAIN 230'45' FAST A IMSIANCE.6 475,28 1E1). THENCE 50/141 0146'0! MST • 0151•NO 6 43306 FEET; HENCE TN,I, 6910'15' NEST A DISTANCE 6 2 5 7 _ STATE N(Ne0Y N0. T. 94 99, PACING 11:0100) SWLH; THENCE MODEM, ALONG 5010 EAST MAW* WADI 0752021 'MST A DISTANCE 6 342.1). TEL TU AN AN101 PONT ON SAID 1417)71; •`• RANCE 6NT,0UN4 ALONG SAN EST MARTIN ROOM 122003 NEST A MSTARCE O 45520 F(11 , TO INE bCUMNNG Of A 1061.00 FOOT -RUNS LUIM CONCAVE 10 01E EST; THENCE NORTHERLY 4ONC SAO AMAIN 410 SAID UMW AN ARC DISTANCE Of 157.*41 FEET THROUGH A ANTRAL ANGLE 0 08'0'121 TO A POINT ON SAID MARGIN MD SOD ORTVF; THENCE LEAVING SAID CURVE AND YMCIN K040 A NW -RADIO UNE /OHM 79•3657 EAST A DISTANCE 00' 72041 FELT TO HUE P0641 Of ['LUMMOX. ,5134010 N TIE UI, OF I11F.Y4 A, 6011471 OF RAG, STAR 6 MA3HINGIU6, • /S•R ea3:z ft LPL§ THAT P0R110N 6 1014001 604! LOT 15 AND DE SOU1M•EST WATER 6 DE 5 7110TE51 01MTER. SECTION 10 AW ME MIDEAST WARIER. SECTION 9, AIL N 1OMN1P 22 HORN RANCE 4 EAST, ON., N MG COUNTE WASHINGTON. DESCRIBED AS MuDINS CODENCNG AT ME WEST WE- QUARTER CORER OF SAID SECTION 10. THENCE SOUTH 0'4602' WEST ALONG RE OAST LNE THEREOF A NUANCE OF 107.22 FEET TO A POND ON SAID 160; 1111(1: LEAVING SAD ENE SOUTH 87'33'12' EAST A DISTANCE 6 51224 FEET: HENCE 5(1119 01.4602' 'CST A DISTANCE O 402.93 FTET: THENCE HONIN 651036' C51 A DISTANCE CO' 611372 ITET THENCE SOUTH 329915' (/31 A MIAMI. 6 2454 FELE TIERCE 5(X104 229'16 EAST A 051ANtti OF 22058 FEET 10 A PONT ON TA 81.01 MAX 6 540 WNDNWIIT LOT 15; DENTE LEAVING SAD NEST UNE SENT. 70550'45' EAST A DISTANCE 6 47116 TETT; 114ENCE SOUTH 0-4801- WEST A DISTANCE 6 453.06 (121 10 THE TRUE PORT 6 0CG414NC: THENCE CONTINUING 901714 014602' '4051 A 051010: OF 179.92 IEEE; MODE SOLIDI M105a' F AST A OS14N1 or 321.41 MET: MENGE 50UM 0146'02' NEST A 05IANLE OE 367.67 FEET TO ME NORM MAHON OF 501104 12610 SON FT: 1:04(1 NORM anew' TEST AIDING SAO 4470E-04 A DISTANCE OF 100.03 OTT, THENCE SODIN 01 46'02' 1161 A 65TAN6 OF 10.01 FEET; THENCE NORM 091•'50' WEST A 061ANCE 0 2000 EMT 10 DE 11E51E13Y MARTIN OF 34711 0',0441C 506E TND46. SOUTH 01672' VEST KONG SNIT 9(51 MAHCN A DISTANCE 6 244.07 ((01 TO UNE SOUTHEAST CORNER OF LOT L OF BOEOOARY TINE ADJUSTMENT NO 89 6.444 A. 40106ED UNDER MNC C1541( RECORDING N0. 6061612016 THENCE NORTH 68'4642' ANSI 4ONG DE SUTH UNE 1HEAl6 A 05TH(0 OF 277.54 FEET 10 THE EAST MORON OF *6YAR, 5101E NIOMWAY N0. I. ON 99, PACIFIC HIGHWAY NN11, SAE) PUNT REND COL A NW -ROOK 1860.00 4001 - RADIS WRIT (OSCAE TO ME LAST AND FROM 01904 UNE RA005 PONT 64RS 14011114 73.28'16 EAST; THENCE NORTHERLY KONG SAX) MARGIN ARO SAID 0106( AN ARC DISTANCE OF 134.53 FEET T4R0004 A CENTRAL ANGLE or 0496'39' 10 114 PONE Of TANGENCY; 94CNCE CO41M5O4G KONG SAID EAST MARGIN NORM 122003' CST A DISTANCE 6 794.54 FLED TO AN ANGLE PC461 ON SLID M41GN: THENCE CENI1NLWC H0045 SAID EAST RARON NORM 0752'07" C5T A 0510CE 6 279,45 FEE1; HENCE LEAVING SAD EAST WAREN* 5401 691515' FAST A DISTANCE OF 232.04 FEET TO THE PANT Cr 9E@MN4 `.- 9MAIE0•01 ME CITY 6 11M11A C)Ul41s 6 MN4 STATE OF MAS11G10N BASIS OF BEARING NORD, 6"4602' 1051; HONG THE VEST SECTION ENE 0 =DON HE 10WN967 13 140*5. RANGE 4'1451. M.Y., AS 410414 ON TIE RECORD O 5LNLEY TOR THE (MENG COPANY4.RECORDE0 UNOW AUDITOR'S R( N0. 9012199012 %MUNE 77 OV SUIMYS 67•74*0 209, RECCR5S OF RING CONTE, MA4INGTO4 SURVEY NOTES 1. 111CA/461D ICA 1100 TOTAL 51AOON 050) FOR THIS SURVEY. 2. 705 SUR5741 EXCEEDS 1HE WMM11Y WOWED 9.106(5' PRECISION FOR R EID TRAVERSES AS SET FORTH Fri MAC 332 -T30 -090. 3. 7ETEMNCE SURVEYS 110UNOMY I66 ADL51YEN1, ARN 2000121390006 BOUNDARY UNE ADJUSTMENT, APE 20000679900001 EOWOARY LINE ADJUSTMD47, 1174 20010221401777 RECORD Of SAKE DUDE 77 OF 9A6£YS, PAGE 209 000AID 0 SURVEY, DUDE 56 OF 11R'LYS PACE 43 RECORD O SURVEY. DUNE 19 Of SURVEYS PAGE 127 RECCRO Of 3NWY, PULSE 44 OF 51416(15. PAGE 201 RECORD 6 SINVEY, NIATIIE 79 6 5164E-4S PACE 63 ALL RECODS OF RNG C0N70. WASHINGTON ALSO ON 0141( 000 TILT./ /41(.SU. LAM) TITLE SLIMY DOH' HY 665540*SEH CON5ULI140 EN12NE3A5 NC TOR 111E 5AIIEY CORPORATION 00110 JAI4LIANY 1999 AND TITLED "%RUNG EAST MARGINAL MAY CORPORATE 1'016(' RECORDING C ERIIRCATE FLED FOR RECORD 1746_. __DAY 6- 20_A1, ._ LL 74 BOOT ._. _6 SURVEYS AT PAGE AT TIE RE01E51 OF DAVID EVANS AM/ .16• 32 M NL l0NAGER /ALOION APT. 6 RECOROS/DF61TY AUDITOR 01[06616 440. RECORD OF SURVEY / B.LA. FOR INS SEATTLE DISTRICT OFFICE INTERNATIONAL GATEWAY EAST, INTERNATIONAL GATEWAY EAST 1, AND INTERNATIONAL GATEWAY EAST B CITY OF TUKWILA KING COUNTY, WASHINGTON PTN9 OF EI/z SET/4, SEC. 9 AND PINS OF SW1/4 SEC. K7. T2ON, R4E., WM. i?AVID EVANS AMIDASSOCIATES 1620 W. Marina View 0459,51(8 2O0 Everen Washington 95201• ' • Phone: 425.259.4099 SHEET: ' 2 OF 3 SCALE' :'1 " =100' FEiD:600K DRAWN 9*44' CICKED .. _ Elk 01411.,40021 N,0 46 DPI SEG GO 0 C, 3 ,2 7 ? €: c', o IF 2 NE1/4 OF THE SE1/4 AND SE1/4 OF THE SE1/4 OF SECTION 9 AND GOVT LOT 15 AND SWV4 OF 7HE SWV4 OF SECTION 10, T2.3N., R4E., W.M. i 1 1 , 1 ;: I W I 1,.s 1 ; -!-:1 I DIY OF WWII A KING COUNTY WASHINGTON BOUNDARY UN( ADJUSTMENT NO 102-057 I I 1 1 I I I V I I I >.3,_,•!; LO1 i'...0.1.1 .4 I No0-ss e EGRESS OSBERT 'V:414 .211 I I I i I 1 i il 1 1 ;.::•7 i61'.2 0,r2(f0-1;‘°°.°:util:MIDE' ve,o0ATERi.104E.x.EASEICHI I res.'M al:"* g:i I NIETWO LIONIEESOIENI (o arr tom in. Ix,. SC0011,032 I : t' ' 7' ,L•ill\ N01,415.02.E 613 65. A \ ,--; N,E),02.2,00,0.7, °/),) 1 •?, li NJ C.:2)1=1-1-1-1 fUrNI..4 ORD NO. 1575 1 v A C ■ T E 0 I 1 1 11.9ZA MO AIN 20090708001551 1 . -(5.TAORTIEWEtc7gEll-Oii rig-asco ...-FrENDEijuii•tr -------7- ------- - - --3-53" A rn SCALE: 1. - 100. N0,41502-E 40,.17. n`,.c.._44._?..... ■.i2r...02-E_____. 1_:_,-;4'......._,L I. - - - - -- -' '--1-N-- -- --v.ENIJE-- i 0 50 TOO 200 SOUTH . --- - - __.'b 2 AF“ 203207003015i0 \)1 Z T -i I _;-°. I i, 230 0 / .C32 6 -,..- "---"C1-'1“*.,••. .1:=7-222.2=w2:21:r.! .. .0C. 2,-04 . • ,..a.• S ,.!: pnorioseo 0A2' ' 9 .... ... 25'? li_.9...1 , • . 4 /IIC' -...'- 2:00'2°;C- 4. -:-. 1•...;:_,..r." .,:,...4:ri 1,2: ,,•:-: .. .. . '43 '-- ,..._..`"- .:.1-"":-:..:L11:5,°" Jli 1... ,..,-: ' • :::. .-- -Jr - :-.1-- • - 1 , 1 N0' 4552-i 740 FLOTC;.'eLetifF:2.7.2 ' 1-7JP::tirr m12-4« ;71-C.;-O.T..il--0-07T.;..1711i,,;"-ig' .....L•,.......i.--. c7:02:1Z,LT221... ••• . Ice 88 stIN-N EA7NENT I ! i 25'1 I I I I I I 1.§1 z1, lb4 . • 7 ,e :1 ri i ty 4 ...-..Ai , • .: i OASis ar...1•44 ,i4„,c,... - • -`r , o CT1ON 10 2,01.4802-E 2,80.03. (m) oviR pN0,1,5,D1.015.1-0., . -.,,,,E1C0 0,,,C 0,2■11561r AN, ::. --- ' '.: PROPOSED :14,1' 9' ‘NL'ICI:VE -..:...., : -'''' • : : I.,N A,N 2251010000105G • ,11-61,101TAI. [ASEAN, A:51E.EK-NT ill 2% ci 1,•-: 0.62 AC. I"- 11,-. LOT 6 I,:.:., 1 '••• 1 '.'•-:,,.. ki Ig 5o• 7-•-■ .1° „PACIFIC 1-110-1WA SOUTH .2 ‘2.5V?",/..t-,...___,..cc.,-,---_______•-- . R-'°°' •00 Co 50 1 -ZA "V:72.' 02-r5N.5-7.f.15.5059,'. 10.1____.■::....::- . _ .,... --- ..•-■ :::, _:11):ei______,_::%'; L•14.___ii __-,?'''... e---T1'i-----13.°.4' --1.C%-.----?.4.kU4° " I _-- :4 '::.'---1.::::IN• Br:EARI-NG 111-S117111-CEA--5.-- .. 91M-1-..56' (i------H'' . • • • --- -- _ -- --- 1-144.21). I, I A 1-= ex5,6,00`4-, ' PROPOSED LOT 5 908 AC • DIGRESS. EGRESS E.AsEirt-N O0)0 INF ENTIRE WCAITII PORIION SSD, AREND( SOUTH PER REC 20020619000782 -n 4.7 01.4502 73.78 - - 2: C ; 7 e _,.7.1-- ,-'n ! _1 .-'"' 'F....6 'Oz1E "7-74' -, ..-.941:60.2-, 010E EASOIENT 10 041(8< MIRO ENERGY IPN NAIURAL GAS OPLIRIL PURPOSES OvER A PORTION OE 114E 101CAIE0 POR11044 OF 35111 AWNLJE SOWN PLR REC. NO. 20020019000781 4401.46 02"t 8 -A • PFIOPOSED LOT 3 .k.).+' 7.58 AC 4 EXE.ING bLUG 2. e•F ' uNE. LEDO 21 .Di 367.0r 2 4,.6Etr•Sts.°- 34TH AVENUE SOUTH 8 Lore 691-AC. r o c0 OLD UNE tI -y-1401,16.1:12.E 242.59 ,_ I. E‘.) Gip 2 I PARCEL '13. Vo\ 89-6-8LA UNE 1 AIN /6906161290 PARCEL 13:2-6-alA 8099 01208161200 •3.1 4)04 16 orE Did 129.97 .... • . . • • OP'-159°°r: PROPOSED LOT 7 638 AC ZQH wcA Nor40071 OASIS OE DEARING SECTION 9 7 433,76 (C) _-.7:37 433.9 (P) r 59 06 e.>1- SIT-99 (PSI+ NO. • I • L1 1.10 saor (0146021 <0.03' _ • • • • • • • LEGEND (54 • MAD 110K114111 AS 9401132. MOND VERO, COWIE 011 4)0<08 0*11 - FOUND QUARTER 59C11O94 CORNER AS 9901811 (4) 4818593410 804814441/OSE49990 (C) - REAPING/INSONGE PER CALCIAATIONS - BEASING/DISTANCE ROI NECCRDED PI AT • SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CON- FORMANCE 19I114 THE SURVEY RECORDING ACT Al THE REQUEST OF 5A4LY CORFam IFEFFOIART 20. 2003 GNATURE bAlI ON CERIIFICAlE NO. 8904 RECORDING CERTIFICATE FILED FOR MORO 11119_0A1 OF_ 20_ PI WOK CF SIAPCTS AT PAGE AT THE REQUEST OF 0A5413 [VANS AND ASSOCIATES INC, 11ANACER/4UDI10R OPT OF RECOIDIS/Ctpury A08100 9400(08441 40 RECORD OF SURVEY / BLA. FOR INS SEATTLE DISTRICT OFFICE INTERW■TIONAL GATEWAY EAST, NIERNATIONAL GATEWAY EAST 11, AND INTERNATIONAL GATEWAY EAST CITY OF TUKWILA, KING COUNTY, WASMOTON P1NS OF EI/2, SEI/4, C. 9 AND P7990 081 swim, SEC. 10, 72314, 8148. WA DAVID EVANS AN° ASSOCIATtS iN9'. . _ 1620 W. Marine View Drive. Stile WO &emit Washington 98201 Phone: 425259.4099 SIIEET:- 3 OF 3 SCALE .1"= /00' 'SURVEYED FELD:ROOK' DRAWN w#'• CHEGKED FLE DACS0021 Return Address Robert C Hermann, P L S David Evans And Associates, Inc 1620 West Marine View Dnve, Suite 200 Everett, WA 98201 20030725001852 DAVID IvANS AFC 55 00 PAGE 003F22040 KING COUNTY, WA LVVJVI 60 1.0.1 I VJL.VV1 • AFFIDAVIT OF MINOR CORRECTION OF MAP To King County Auditor Ptn E1 /2, SW1 /4, Sec 9 and Ptn SWI /4, Sec 10, in T23N, R4E, W M , Govt Lot, DLC, HES, Plat or other Boundary Line Adjustment 1, Robert C Hermann being first duly swom on oath, deposes and says (Surveyor) That 1 am a Professional Land Surveyor that I made a survey of land for Saba Corporation which document was recorded on the 27th day of March, 2003, in book 158 on page(s) 282, 282A, 282B, Recording Number 2003032790000a Records of King County Auditors Office, Seattle, Washington, said document being a Record of Survey/B L A (Record of Survey, Plat, Short Plat, Binding Site Plan, Boundary Line Adjustment, Condominium, Large Lot Division) That there being a minor survey, spelling, mathematical or drafting error, or omitted signature which does not in anyway matenally subvert the approval of the original document by changing lot areas so as to affect zoning approvals, easements conditions of approval or access roadways, the affiant approves the following change to the aforementioned recordings as follows To Wit Le • al Descn.tion for the "After Bound Line Ad ustment for Lot 8" Third course from the end reads "Thence continuin said east mar of 294 and this third course h e martin North 1 12 °23'03" West a distance margin.' rse om the end 2 °23'03" West Professional Land Surveyor �• /P9aS/ License Number 34 feet to an an SHOULD a distance STATE OF WASHINGTON ) County of SNOHOMISH ) ss On this day personally appeared before me le alon • oint on said mar READ "Thence continum of 409 06 feet to an an le oint in North in" alon Surveyor Seal on said east said to be known to be the individual descnbed in and who executed the within and foregoing instrument and acknowledged to me that he signed the same as his free and voluntary act and deed for the purposes therein mentioned Given under my hand and official seal this _za�a day of S Notary Public Seal Notary Public in and for the State of 1n• on residing at NOTE County Auditor Office, Provide one copy per "WAC 332-130.050(3Xer to the Wash State Dept, of Natural Resources, Public Lands Survey Office, P 0 Box 47060, Olympia, Wa 98504.7060 20030523002434 Return Name and Address: John Sabey Fourth Floor 12201 Tukwila International Blvd. Seattle, Washington 981'68 -5121 f 3c 3003L 3 DOCUMENT TITLE: NAME OF GRANTORS: NAME OF GRANTEE: ABBREVIATED LEGAL DESCRIPTION: ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBERS: Seattle- 3180220 2 0014354 -00021 • 20030523002434 TRANSNATION TI DECL PAGE 001 OF 010 KING COUNTY, UA LUVJUOZOLOVC434.11JU I DECLARATION OF ACCESS, PARKING 8°` AND DRAINAGE EASEMENTS INTERNATIONAL GATEWAY EAST LLC INTERNATIONAL GATEWAY EAST III LLC INTERNATIONAL GATEWAY EAST III LLC Portions of Gov. Lot 15 and SW1 /4 SWI /4 of Section 10 and SE1 /4 Section 9, T 23 N R. 4 E , W.M., King County, Washington Complete legal descnptions are on Exhibits A, B, C and D of document eve (e.--/0 102304 -9084 (Lot 61 102304 -9080 (Lot 7) 734060 -0602 (Lot 8) 102304 -9078 (Lot 2) Said document(s) were filed for record by Transnation Title as accommodation only. It has not been examined as to proper execution or as to its effeot upon title. • • DECLARATION OF ACCESS, PARKING AND DRAINAGE EASEMENTS LVU4UOLSUUL434.UUL THIS DECLARATION is made and executed this 21 day of May, 2003, by INTERNATIONAL GATEWAY EAST LLC, a Washington limited liability company ( "IGE "), and INTERNATIONAL GATEWAY EAST lII LLC, a Washington limited hability company ( "IGE III ") to burden and benefit the Property descnbed below and to benefit the respective current and future owners and tenants thereof. RECITALS A. IGE is the owner of all that certain real property in King County, Washington, descnbed in Exhibit A attached hereto (the "IGE Property "), B. IGE III is the owner of that certain real property descnbed in Exhibits B through D attached hereto (the "IGE III Property") (the "IGE Property and the IGE III Property being hereinafter collectively referred to as the "Property "); and C. In connection with a boundary line adjustment being effected concurrently with this Declaration by IGE III, IGE and IGE III desire to create and establish certain drainage and . vehicular access and parking easements, licenses, restnctions and servitudes upon certain portions of the Property hereinafter referred to as Lot 2 (the IGE Property), Lot 6 (the portion of the IGE III Property descnbed in Exhibit B attached hereto), Lot 7 (the portion of the IGE III Property descnbed in Exhibit C attached hereto), and Lot 8 (the portion of the IGE III Property described in Exhibit D attached hereto). DECLARATION 1. Access to Lots 6 and 8. IGE III hereby establishes, creates and declares a perpetual, nonexclusive vehicular access and surface water drainage easement for the benefit of Lots 6 and 8 upon, over and across those portions of Lot 7 which are respectively designed and utilized for those purposes by the owner thereof. So long as portions of Lot 7 are made available for such access and drainage, the locations thereof may be modified from time to time as improvements thereon are constructed, altered, repaired and reconstructed. 2. Access to Lot 7. IGE Ill hereby establishes, creates and declares a perpetual, nonexclusive vehicular access and surface water drainage easement for the benefit of Lot 7 upon, over and across those portions of Lot 6 which are respectively designed and utilized for those purposes by the owner thereof So long as portions of Lot 6 are made available for such access and drainage, including areas that are sufficient for use for access by emergency vehicles, the locations thereof may be modified from time to time as improvements thereon are constructed, altered, repaired and reconstructed Seattle- 3180220 2 0014354 -00021 1 • • LUUJUOLJUUL434.UU3 3 Access to Lot 2 Easement. IGE hereby subjects the current access easement located on Lot 2, as depicted on Boundary Lot Adjustment Numbered L2000 -072 and recorded in King County, Washington, under Document No. 20001213900008, to, and grants to IGE III and its successors in interest to the IGE III Property, a perpetual, nonexclusive easement for surface water drainage and to enable vehicles to enter and depart Lots 6, 7 and 8. 4. Vehicular Parking IGE III hereby subjects Lot 7 to a perpetual, nonexclusive easement for vehicular parking for the owners and tenants of Lot 8 and their respective employees, licensees and mvitees to the extent that such parking may be necessary from time to time for Lot 8 to comply with the then applicable zoning codes. So long as in compliance with such codes, such parking nghts shall be subject to designated locations, hours and other restnctions as may be generally applicable to the owners and tenants of Lot 7 and their respective employees, invitees and licensees. 5. Maintenance of Access and Parking Subject to the provisions of Section 6 hereof, the respective owner of each portion of the Property shall remain responsible for undertaking and paying for the maintenance of the access ways, parking spaces and drainage culverts referred to in this Declaration. 6. Assumptions of Risk Each person using the access, parking or drainage areas that are the subject of this Declaration shall do so at its own nsk and shall be responsible for any property damage or personal injury to the extent the same is caused by such person's intentional misconduct or negligence 7. Interpretation. The Declaration shall be broadly construed to create the rights and interests that are stated herein, and to that end it is the specific intent of IGE that no easement shall merge with the title to any Lot and all easements shall also be construed as, and this Declaration deemed to create, irrevocable licenses, restncttve covenants and equitable servitudes and they shall be deemed created and continue to exist regardless of the extent to which title to all of the Property or any two or more of the Lots are vested in one person. 8. No Implied Termination. None of the easements, licenses, covenants or servitudes created by this Declaration shall be terminated by implication, nonuse or abandonment and no release of this easement shall arse by waiver or course of conduct unless such termination or release is evidenced by a recorded agreement to such effect executed by all of the then owners of the Lots affected thereby. 9. Enforcement This. Declaration is specifically enforceable and in the event any person bnngs any action to so enforce this Declaration or recover any damages as a result of any breach hereof the prevailing party shall be reimbursed by the losing party for its costs and attorneys' fees therein incurred Seattle- 3180220 2 0014354 -00021 2 • • LUU.SUOL3UUL444.0U4 10 Successors and Assigns. The terms, covenants and conditions contained in this Declaration shall run with the Property and bind and inure to the benefit of the successors in interest to each of the above demised Lots; provided, however, no person who was an owner of any Lot shall be liable for any acts or omissions relating thereto under this Declaration which occur after the date such owner conveys said Lot to any other person. IN WITNESS WHEREOF, IGE has executed this Declaration as of the day and year first above wntten. INTERNATIONAL GATEWAY EAST LLC, a Washington limited liability company, by Sabey Corporation, Manager By Pnnt Its• 4. rpyno.g INTERNATIONAL GATEWAY EAST III LLC, a Washington limited liability company, by Sabey Corporation, Manager By 4. Printed �ame: Jaa►nes �. Jar» Its: [.Fv STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this 21 day of May, 2003, before me personally appeared James N. Harmon to me known to be CFO of Sabey Corp. , Mgr. of INTERNATIONAL GATEWAY EAST LLC, the Washington limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authonzed to execute said instrument on behalf of said limited liability company Seattle- 3180220 2 0014354-00021 3 • • LUUSUOLSUUL444.000 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above wntten MARY A HALL STATE OF WASHINGTON NOTARY—.—PUBLIC MY COMMISSION EXPIRES 1E -10 -06 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) Signature: Name (Pnnt): 44-Ja-e/ Mary A. Hall NOTARY PUBLIC in and for the State of Washington, residing at Seattle My appointment expires: 12/19/05 On this 21 day of May, 2003, before me personally appeared James N. Harmon , to me known to be CFO of Sabey Corp., Mgr. of INTERNATIONAL GATEWAY EAST III LLC, the Washington limited liability company that executed the withm and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that Nhe was authonzed to execute said instrument on behalf of said limited liability company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. MARY A HALL STATE OF WASHINGTON NOTARY---PUBLIC MY COMMISSION 12-- tOti-tet3 Seattle- 3180220 2 0014354 -00021 Signature: L Name (Print). Mary A. Hall NOTARY PUBLIC in and for the State of Washington, residing at Seattle My appointment expires: 12/19/05 4 • • EXHIBIT A [Legal Descnption of Lot 2] LUUJUDLJVUL434.UUb LOT 2 THAT PORTION OF GOVERNMENT LOT 15, SECTION 10 AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M , IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE - QUARTER CORNER OF SAID SECTION 10; THENCE SOUTH 01 °46'02" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF 107 22 FEET TO A POINT ON SAID LINE; THENCE LEAVING SAID LINE SOUTH 87 °33'12" EAST A DISTANCE OF 512.24 FEET; THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 402.93 FEET; THENCE NORTH 88 °13'58" WEST A DISTANCE OF 616 22 FEET, THENCE SOUTH 85 °07'17" WEST A DISTANCE OF 170.45 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SSR 99, PACIFIC HIGHWAY SOUTH; THENCE ALONG SAID EAST MARGIN NORTH 86 °04'33" WEST A DISTANCE OF 5 00 FEET, THENCE NORTH 03 °55'27" EAST A DISTANCE OF 120.50 FEET, THENCE NORTH 37 °36'51" EAST A DISTANCE OF 90 14 FEET; THENCE NORTH 03 °55'27" EAST A DISTANCE OF 150 00 FEET, THENCE NORTH 86 °04'33" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 03 °55'27" EAST A DISTANCE OF 61.90 FEET TO THE BEGINNING OF A 1266.00 -FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE NORTH ALONG SAID CURVE AN ARC DISTANCE OF 126.11 FEET THROUGH A CENTRAL ANGLE OF 05 °42'27" TO A POINT ON SAID CURVE AND A POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 9, THENCE LEAVING SAID EAST MARGIN SOUTH 89 °16'45" EAST ALONG SAID EAST - WEST CENTERLINE A DISTANCE OF 224 58 FEET TO THE EAST ONE - QUARTER CORNER OF SAID SECTION 9 AND THE POINT OF BEGINNING SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON A -1 Seattle- 3180220 2 0014354 -00021 EXHIBIT B [Legal Description of Lot 6] LOT 6 • LUU.SUSL4UUL444.UU/ THAT PORTION OF GOVERNMENT LOT 15 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 10 AND THE SOUTHEAST QUARTER, SECTION 9, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M , IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE- QUARTER CORNER OF SAID SECTION 10; THENCE SOUTH 01 °46'02" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF 107 22 FEET TO A POINT ON SAID LINE; THENCE LEAVING SAID LINE SOUTH 87 °33'12" EAST A DISTANCE OF 512.24 FEET; THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 402.93 FEET; THENCE NORTH 88 °13'58" WEST A DISTANCE OF 616 22 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 32 °09'15" EAST A DISTANCE OF 26.64 FEET, THENCE SOUTH 22 °04'16" EAST A DISTANCE OF 102.75 FEET; THENCE SOUTH 79 °36'57" WEST A DISTANCE OF 226 41 FEET TO A POINT ON THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SR 99, PACIFIC HIGHWAY SOUTH, SAID POINT BEING ON A NON - RADIAL 1061.00 FOOT - RADIUS CURVE CONCAVE TO THE EAST AND FROM WHICH THE RADIUS POINT BEARS NORTH 86 °08'14" EAST; THENCE NORTHERLY ALONG SAID MARGIN AND SAID CURVE AN ARC DISTANCE OF 144 20 FEET THROUGH A CENTRAL ANGLE OF 07 °47'13" TO A POINT ON SAID MARGIN AND SAID CURVE; THENCE LEAVING SAID MARGIN AND SAID CURVE ALONG A NON - RADIAL LINE NORTH 85 °07'17" EAST A DISTANCE OF 170 45 FEET TO THE POINT OF BEGINNING. SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. B -1 Seattle- 3180220 2 0014354 -00021 • • EXHIBIT C [Legal Description of Lot 7] LOT 7 LUUSUOLSUUL434.UUtf THAT PORTION OF GOVERNMENT LOT 15 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 10 AND THE SOUTHEAST QUARTER, SECTION 9, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE - QUARTER CORNER OF SAID SECTION 10; THENCE SOUTH 01 °46'02" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF 107.22 FEET TO A POINT ON SAID LINE; THENCE LEAVING SAID LINE SOUTH 87 °33'12" EAST A DISTANCE OF 512.24 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 402 93 FEET, THENCE NORTH 88 °13'58" WEST A DISTANCE OF 616 22 FEET; THENCE SOUTH 32 °09'15" EAST A DISTANCE OF 26.64 FEET, THENCE SOUTH 22 °04'16" EAST A DISTANCE OF 102.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 22 °04'16" EAST A DISTANCE OF 117.83 FEET TO A POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 15; THENCE LEAVING SAID WEST LINE SOUTH 20 °30'45" EAST A DISTANCE OF 471 28 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 433 06 FEET, THENCE NORTH 89 °18'15" WEST A DISTANCE OF 252.04 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO 1, SR 99, PACIFIC HIGHWAY SOUTH; THENCE NORTHERLY ALONG SAID EAST MARGIN NORTH 07 °52'07" WEST A DISTANCE OF 342 12 FEET TO AN ANGLE POINT ON SAID MARGIN, THENCE CONTINUING ALONG SAID EAST MARGIN NORTH 12 °23'03" WEST A DISTANCE OF 455 20 FEET TO THE BEGINNING OF A 1061.00 FOOT - RADIUS CURVE CONCAVE TO THE EAST, THENCE NORTHERLY ALONG SAID MARGIN AND SAID CURVE AN ARC DISTANCE OF 157.80 FEET THROUGH A CENTRAL ANGLE OF 08°31'17" TO A POINT ON SAID MARGIN AND SAID CURVE, THENCE LEAVING SAID CURVE AND MARGIN ALONG A NON - RADIAL LINE NORTH 79 °36'57" EAST A DISTANCE OF 226.41 FEET TO THE POINT OF BEGINNING. SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON C -1 Sean1e- 3180220 2 0014354 -00021 • • EXHIBIT D [Legal Description of Lot 8] LOT 8 LUU4U0Z3U L444.UUU THAT PORTION OF GOVERNMENT LOT 15 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 10 AND THE SOUTHEAST QUARTER, SECTION 9, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W M , IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS COMMENCING AT THE WEST ONE - QUARTER CORNER OF SAID SECTION 10; THENCE SOUTH 01 °46'02" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF 107.22 FEET TO A POINT ON SAID LINE, THENCE LEAVING SAID LINE SOUTH 87 °33'12" EAST A DISTANCE OF 512.24 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 402.93 FEET, THENCE NORTH 88 °1358" WEST A DISTANCE OF 616.22 FEET; THENCE SOUTH 32 °09'15" EAST A DISTANCE OF 26.64 FEET; THENCE SOUTH 22 °04'16" EAST A DISTANCE OF 220.58 FEET TO A POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 15; THENCE LEAVING SAID WEST LINE SOUTH 20 °30'45" EAST A DISTANCE OF 471.28 FEET; THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 433 06 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 01 °46'02" WEST A DISTANCE OF 129.92 FEET; THENCE SOUTH 88 °13'58" EAST A DISTANCE OF 321.41 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 367.67 FEET TO THE NORTH MARGIN OF SOUTH 126TH STREET, THENCE NORTH 89°18'50" WEST ALONG SAID MARGIN A DISTANCE OF 100.03 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 89 °18'50" WEST A DISTANCE OF 20.00 FEET TO THE WESTERLY MARGIN OF 34TH AVENUE SOUTH; THENCE SOUTH 01 °47'05" WEST ALONG SAID WEST MARGIN A DISTANCE OF 244 07 FEET TO THE SOUTHEAST CORNER OF LOT C OF BOUNDARY LINE ADJUSTMENT NO. 89-6-BLA, RECORDED UNDER KING COUNTY RECORDING NO. 8908161260; THENCE NORTH 88 °48'42" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 277 34 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SR 99, PACIFIC HIGHWAY SOUTH, SAID POINT BEING ON A NON - RADIAL 1860 00 FOOT - RADIUS CURVE CONCAVE TO THE EAST AND FROM WHICH THE RADIUS POINT BEARS NORTH 73 °28'18" EAST, D -1 Seattle- 3180220 2 0014354 -00021 • • "LUUSUOLSUU"L434.U1 U THENCE NORTHERLY ALONG SAID MARGIN AND SAID CURVE AN ARC DISTANCE OF 134.53 FEET THROUGH A CENTRAL ANGLE OF 04 °08'39" TO THE POINT OF TANGENCY, THENCE CONTINUING ALONG SAID EAST MARGIN NORTH 12 °23'03" WEST A DISTANCE OF 294 34 FEET TO AN ANGLE POINT ON SAID MARGIN; THENCE CONTINUING ALONG SAID EAST MARGIN NORTH 07 °52'07" WEST A DISTANCE OF 229.45 FEET; THENCE LEAVING SAID EAST MARGIN SOUTH 89 °18'15" EAST A DISTANCE OF 252.04 FEET TO THE POINT OF BEGINNING SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON D -2 Seattle- 3180220 2 0014354 -00021 20030616000543 VAL VUE SEWER DISTRICT DEVELOPER EXTENSION AGREEMENT LUU3Ub'I bUUUb43UU THIS AGREEMENT is to be effective as of the day of June 20 03 , by and between International Gateway East LLC (the "Owner ") and VAL VUE SEWER DISTRICT, a municipal corporation of the State of Washington (the "Distnct "). RECITALS A The Board of Sewer Commissioners of the Distnct operates a system of sewerage for collection and treatment of sanitary sewage in a portion of the District. B The Owner owns certain property legally descnbed in Exhibit A, attached hereto and by this reference made a part hereof (the "Property "), which is located at 12500 Tukwila International Blvd, Seattle, WA 98168 C. The Owner is willing to construct a system of sanitary sewer lines at Owner's expense, pursuant to the terms of this Agreement, in order to connect the Property to the District's existing system of sewerage at the manhole at South 126th Street D The construction of an internal system of sewerage for the collection of sanitary sewage on the Property is consistent with the District's comprehensive plan E As an initial step in providing sewage collection and treatment service to the Property, certain improvements to the District's system must be constructed and installed. F The improvements consist generally of furnishing and constructing 915 ft. of 8" sanitary sewer lines and all appurtenances necessary to compnse a complete system ready for operation (the "Project ") TERMS AND CONDITIONS IN CONSIDERATION of the mutual promises and performances provided herein, the parties hereto for themselves, their assigns and successors in interest, agree as follows: 1. Cash Deposit. Owner agrees to pay the Distnct a cash deposit equal to One Dollar and no /100 ($1 00) per each foot of main tine sewer installed with a minimum of Two Hundred Fifty Dollars and no /100 ($250.00) at the time of the filing of this Agreement. This cash deposit shall be conditioned upon the owner's stnct compliance with the District's - 9 - • • LVVJVO 1 OUVV04J.UUJ conditions and standards contained herein and shall insure the District against any damage to the existing sewer system as a result of the owner's failure to comply This cash deposit shall be in addition to the basic engmeenng and administrative fee and the engmeenng, legal and administrative costs outlined m Section 6 below. The cash deposit will be refunded to the owners one year after satisfactory completion of the extension and connection of the extension to the existing system, which completion shall be signified by Section 10 below. In the event of the owner's failure to comply, the Distract may exercise the right to irrevocably forfeit the total amount of the cash deposit as liquidated damages The retention of such fund is in addition to and shall in no way limit the owners' liability regarding the project guarantee as stipulated in the remainder of the specification. 2. Permission to Construct Project. The District shall permit the Owner to construct and install the Project. 3. Standards of Construction. Construction and installation of the Project shall be strictly in accordance with standards, rules and regulations of the Distnct as now in effect and as the same hereafter may be amended. 4. Submission of Schedule. Promptly after execution of this Agreement, the Owner shall submit to the Distract a schedule regarding construction of the Project. 5. Preparation and Review of Plans and Specifications. To insure that the Project is designed to the satisfaction of the District and its consulting engineer shall review and approve in writing before work on the Project is commenced the plans, specifications and drawings of the Project, which shall be prepared by a licensed professional engineer of the Owner's choosing. 6 Engineering, Legal and Administrative Costs. The Owner has paid to the District a non - refundable Basic Engineenng and Administrative Fee for review of the application for developer extension and initial services of the District and its consulting engineers to determine the feasibility of the Project. During the period of construction and installation of the Project, the District shall submit monthly to the Owner a statement of charges for other services of the Engineers pursuant to this Agreement, which statement shall be equal to the statement submitted by the consulting engineers to the District pursuant to the applicable fee arrangement for engineering services between the District and the consulting engineers. The Distract shall also submit monthly to the Owner during such penod and until this Agreement has been fully performed and the Project has been constructed and conveyed to the District, a statement of charges for legal services, which statement shall be equal to the statement submitted to the Distnct by its attorneys, pursuant to the applicable retainer resolution between the Distnct and its attorneys, for all work performed by - 10 - • • its attomeys in connection with the preparation and performance of this Agreement, including, but not limited to, participation in any pertinent admirustrative or court proceedings to which the District may become a party. The statement of charges shall include an amount equal to 15 percent of the charges of the Engineers and the Attorneys for the admimstrahve cost to the Distnct of handling such statement of charges and all out -of- pocket costs of the Distnct attributable to this Agreement. The Owner shall pay any statement of charges within thirty (30) days of receipt. Statements not paid in full within ten days shall be deemed delinquent and shall accrue interest at the rate of 12 percent per annum from the date of delinquency The District shall have the right to commence, appear in or defend any action or proceeding affecting the rights of the parties, and shall have the right to pay necessary expenses, including the costs of engineering and legal services, subject to reimbursement by the Owner in the manner provided in tlus Agreement 7. Connection Charges and Fees. Before issuance of a side sewer permit for connection of any Project sewer lines to the Distnct's sewer system, the Owner shall pay all stub, trunkage, connection, latecomer and permit fees which may be due for the Project and the Property. The fees and charges shall be calculated in accordance with the number of actual and planned building units at the time the Project is accepted by the District No other property of the Owner in the vicinity of the Property shall be connected to the Distnct's sewer system until a contract providing for the connection has been entered into with the District. 8. Commencement of the Project. In addition to any other requirements of this Agreement, and before construction of the Project is commenced, the Owner shall take the following action: (a) Obtain District approval of its contractor in accordance with the qualification requirements of applicable law and the District's Administrative Code. (b) Obtain and file evidence acceptable to the Distnct of a policy of comprehensive general liability insurance for the work being performed under this Agreement. The policy must provide minimum coverage of $1,000,000 for bodily injury, including death, and property damages per occurrence. The Distnct shall be named as an additional insured under the policy, which shall be maintained m full force and effect dunng the period of construction and installation. (c) Obtain or cause to be obtained all applicable permits and approvals at Owner's expense from agencies of cities, King County and the State of Washington - 11 - 1 VVVViiI'.J.VV41 • • Luusuo'i ouvu04a.uua (d) File with the District executed copies of any easements, in form acceptable to the Distnct, obtained for property located outside the boundaries of the Property but within the boundanes of the Distnct (e) Give the Distnct one week's wntten notice before commencing construction of the Project. (f) If construction or installation of any part of the Project will occur in a public right -of -way under franchises or permits obtained by the District or for which the District is responsible, provide to the District a restoration performance bond executed by the Owner and a surety company acceptable to the District, substantially in the form of the restoration performance bond attached to this Agreement, in the sum of $10,000 or fifty percent (50 %) of the estimated cost of that part of the Project to be construed or installed in the nght -of -way, whichever is greater The restoration performance bond shall be conditioned upon the Owner's (1) replacing, repairing and restonng the public nght -of -way in as good a condition as it was immediately before the nght -of -way was entered upon for construction of the Project, and correcting and repainng any defects appearing or developing in the materials or workmanship provided in such replacement, repair and restoration within a penod of one year after the date of acceptance of the Project by the District; and (2) indemnifying and holding harmless the District from any damage or expense by reason of the failure of such performance 9 Inspection, The Owner shall permit the Distnct and the Engineers to inspect the construction and installation of the Project, both visually before any pipe is covered and by test upon final completion, before connection is made to the District's sewer system. The District and the Engineers shall have authonty to reject any construction and installation not conforming to the approved design of the Project and the requirements of this Agreement The determination of the District and the Engineers shall be final. 10 Completion of the Project. Subject to any applicable state or local requirements, the Owner shall take the following action to receive the following approvals before the Project is connected to the District's sewer system: (a) Obtain approval and acceptance of the construction and installation of the Project by the District (b) Pay for engineering and legal services and administrative, out -of- pocket and other applicable fees and charges, as provided herein (c) Satisfy and release all liens and encumbrances for labor, materials and taxes relating to the Project. (d) Convey without cost to the District ten -foot easements and rights -of -way - 12 - • • 1UVJVO1OUVV043.VVO (five feet on each side of the sewer lures), in form acceptable to the District, for all Project sewer lures, with the right of ingress and egress for maintenance, operation, repair and replacement In addition, the easement shall contain the District's right to connect additional property consistent with Section 14 herein and with latecomer reimbursement nghts consistent with Section 27. (e) Obtain for the Distnct such other easements, in form acceptable to the District, as are found by the District to be necessary to gain access to the Project. (f) By warranty bill of sale, substantially in the form of the Warranty Bill of Sale attached to this Agreement, convey the Project to the District free and clear of all hens or encumbrances The Owner's conveyance of the Project to the Distnct shall be completed before the Owner sells or contracts to sell the Property or any portion thereof. (g) Upon request of the District, provide to the District a title report concerning any casement or nght -of -way that will be conveyed to the Distnct (h) When the Project is accepted by the Distnct, provide to the Distnct a maintenance bond executed by the Owner and a surety company acceptable to the District, substantially in the form of the maintenance bond attached to this Agreement, in an amount prescnbed by the District but not to exceed 50 percent of the cost of the Project The maintenance bond shall be conditioned upon (1) repainng and correcting any defects appearing or developing in the materials or workmanship provided in the construction and installation of the Project within a period of one year after the date of acceptance of the Project by the District; and (2) indemnifying and holding harmless the District from any damages or expenses by reason of the failure of such performance. (i) Deliver to the Distnct an ongmal Mylar as -built set of plans for the Project, including all side sewer connections 0) Deliver to the District two final copies of the plat of the Property. 11. District Authority; Delinquencies. The Owner shall be subject to all standards, rules and regulations of the District as now in effect and as the same hereafter may be amended. In the event of delinquency in the payment of any rates, charges or assessments imposed by the District, the Owner shall be subject to the lien and foreclosure provisions of the laws of the State of Washington and the rules, regulations and resolutions of the District pertaining to property served by the Distract 12. Indemnification. The.Owner shall indemnify, defend and hold harmless the District, its officers, agent; and employees harmless from all suits, claims or IiabiIities of any nature, including attorneys' fees, costs and expenses, for or on account of injunes or damages sustained by any persons or property resulting from the negligent (sole or concurrent) acts or omissions of the Owner, its agents or employees under this Agreement or m connection with - 13 - • • LUUSUb'1 bUUUD4-4:U1JT work performed under this agreement. If suit m respect to the above is filed, the Owner shall appear and defend the suit at its own cost and expense, and if judgment is rendered or settlement made requinng payment of damages by the District, its officers, agents or employees, the Owner shall pay the same. 13 Contractual Relationships; Assignment. This Agreement does not constitute the Owner as the agent or legal representative of the District for any purpose whatsoever. The Owner is not granted any express or implied right or authonty to assume or create any obligation or responsibility on behalf of or in the name of the District or to bind the Distnct m any manner or thing whatsoever. The Owner shall not assign this Agreement without the pnor written consent of the District. 14. Utility Local Improvement Distncts; Connection of Additional Property. If-any- istnstsenstniets- After conveyance to the District of the Project, additional property may be permitted to connect to it under such terms and conditions as the District in its sole discretion may determine. 15. Time of Essence; Termination for Nonpayment, Notices. Tune is of the essence of this Agreement. If any payment is not timely made by the Owner, this Agreement, or any performance related to the payment, may be terminated by the District at its option upon ten days' written notice to the Owner. All notices and payments shall be made at the fol lowing addresses, unless otherwise provided for in wnting: Val Vue Sewer District 14816 Military Road South P.O Box 69550 Seattle, Washington 98168 International Gateway East In LLC c/o Sabey Corporation 12201 Tukwila International Blvd 4th Floor Seattle, WA 98168 p16 Delay in Completion. The Project shall be completed and accepted on or before — 01 — 2001 . If the Project is not completed and accepted on or before that date, the - 14 - • • zuusuo i euuJD43:vua Owner's nghts under this Agreement shall cease and no sanitary sewer services shall be connected to the Project unless and until the District finds that the Project is substantially under way and the Owner executes a new agreement with the Distnct or the District consents to a renewal of this Agreement Any new agreement or renewal of this Agreement shall be subject to the resolutions, rules, regulations and policies of the District in effect at the time of such new agreement or renewal of this Agreement. 17. No Third Person Shall Have Any Rights Hereunder. This Agreement is made only for the benefit of the District and the Developer and successors m interest and no third person or party shall have any nghts hereunder whether by agency or as a third -party beneficiary or othenvise. 18 Applicable Law, Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any action brought under this Agreement shall be in the Supenor Court for King County. 19. Recordation; Binding Effect. This Agreement shall be recorded in the Records and Elections Division, King County, Washington, and shall constitute an easement and servitude upon the Property, which the Owner warrants it now owns, and shall be binding upon the parties, their heirs, representatives, assigns and successors in interest The cost of such recording shall be paid by the Owner. Upon satisfaction of the Terms & Conditions of this agreement, the property shall be released from this agreement by Recording 20. Attorneys' Fees If the District or the Owner commences any legal action relating to this Agreement, the prevailing party shall be entitled, in addition to all other amounts to which it is otherwise entitled by this Agreement, to its reasonable attorneys' fees and costs, including those incurred on appeal. 21. Amendments. The parties expressly reserve the nght to modify this Agreement, from time to time, by mutual agreement. No modification or amendment of the provisions of this Agreement shall be effective unless in wnting and signed by authorized representatives of the parties. 22. Remedies Cumulative. Rights under this Agreement are cumulative. The failure to exercise on any occasion any right shall not operate to forfeit the right on another occasion. The use of one remedy shall not be taken to exclude or waive the nght to use another. 23 Invalidity of Particular Provisions. Should any term, provision, condition or other portion of this Agreement or the application thereof be held to be inoperative, invalid or unenforceable, the remainder of this Agreement or the application of the term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. - 15 - • • �uusuo'i euuU Qu 24. No Waiver No waiver of full performance by either party shall be construed, or operate, as a waiver of any subsequent default or breach of any of the terms, covenants or conditions of this Agreement 25. Previous Agreements Superseded The terms and conditions of this Agreement supersede the terms, obligations and conditions of any existing or pnor agreement between the parties regarding the subject matter of this Agreement. 26. Entire Agreement This Agreement, including the attached exhibits, contains all of the covenants, promises, agreements, and conditions, either oral or wntten, between the parties. 27. Latecomer Reimbursement. If any property within the area descnbed in Exhibit B, attached hereto and by this reference made a part hereof, is connected to the Project within a penod of seven years from the effective date of this Agreement, the owners of such property, pnor to making such connection, shall pay to the Distract a pro rata share of the costs of the Project, without adjustment for inflation or accrual of interest. Within sixty days after receipt, the Distnct shall reimburse such payments to the Owner, its assigns, or successors in interest. The costs of the Project shall be the total of the costs fisted on the warranty bill of sale for the Project. Pnor to submission of the warranty bill of sale, the Owner shall provide to the District a summary of the costs of the Project, together with copies of invoices and documents verifying such costs. The amount of reimbursement for any connection shall be computed as follows. A prorated portion of the cost of the Protect based on the square footage of the lot to be connected relative to the square footage of all lots that could connect to the project. The duty of the District to reimburse the Owner for sums paid by the owners of such property shall be conditioned upon the Owner's, or its assigns and successors in interest, notifying the District of any changes in name and address of the Owner or its assigns and successors in interest. International Gate East III LLC By Sabey Corporation, Manager By - i r, •ti. ,. �.� By VAL VUE SEWER DISTRICT Its GFO - 16 - ice Chairman/Commissioner • LUU3uo'1 b00U 3ZTTLj STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 3rd day of June, 2003, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn as such, personally appeared James N. Harmon, to me known to be the CFO, Secretary and Treasurer of SABEY CORPORATION, Manager of INTERNATIONAL GATEWAY EAST III LLC, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal the day and year in this certificate first above written. MARY A HALL. STATE OF WASHINGTON NOTARY - -- PUBLIC YY COINISSIOfl EXPIRES 12 -19 -05 Printed N. - . ary A. Hall NOTARY PUBLIC in and for the State of Washington, residing at Seattle My commission expires: 12/19/05 • • Luu.u0'1 oUUU543 u n STATE OF WASHINGTON ) ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that he person who appeared before me, and said person acknowledged thatgned this instrument, on oath stated that k..t -was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such corporation for the uses and purposes mentioned m the instrument STATE OF WASHINGTON ss. COUNTY OF KING ) Dated Notary Public in and for the State of Washuigton, residing at My Appointment Expires I certify that I know or have satisfactory evidence that el sA` o, J)> tV s the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Chairman of The Board of Sewer Commissioners of Val Vue Sewer District to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. Dated 61-7/ 3 eState of Washington, 2 - ).; -07 • • ZUU3U0 J 01.14.1U044 .171-Z STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Fvv,"c .1 L f 4ee , is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authonzed to execute the instrument and acknowledged it as a Secretary and Commissioner of The Board of Sewer Commissioners of Val Vue Sewer District to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. STATE OF WASHINGTON COUNTY OF KING No ary Public in and r the State of W Ivigton residing at ,.44. 'r"", .-•a4$43,,,.. My Appointment Expires . • ;` "„ : tip -Zd**a • rd, 1 + _ and 1 f .'1`^NY• Rio t% ) ) ss I certify that I know or have satisfactory evidence that Jo e CeL ! P_ 11 r, is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authonzed to execute the instrument and acknowledged it as the Vice President and Commissioner of The Board of Sewer Commissioners of Val Vue Sewer Distract to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. Not •.' Public in and fpr the State of Washington, residing at SGg My Appointment Expires "A 1197 7 I: ti ill - l 8- Ti.�.'. 4 Z 4 � • Q �e7 O .t 51 � �.................. • • EXHIBIT B [Legal Description of Lot 8] LOT 8 LVVsV07ouuvP343:17t-4 2003052300243 THAT PORTION OF GOVERNMENT LOT 15 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 10 AND THE SOUTHEAST QUARTER, SECTION 9, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W M , IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS COMMENCING AT THE WEST ONE - QUARTER CORNER OF SAID SECTION 10; THENCE SOUTH 01 °46'02" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF 107.22 FEET TO A POINT ON SAID LINE, THENCE LEAVING SAID LINE SOUTH 87 °33'12" EAST A DISTANCE OF 512.24 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 402.93 FEET, THENCE NORTH 88 °13'58" WEST A DISTANCE OF 616.22 FEET; THENCE SOUTH 32 °09'15" EAST A DISTANCE OF 26.64 FEET; THENCE SOUTH 22 °04'16" EAST A DISTANCE OF 220.58 FEET TO A POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 15; THENCE LEAVING SAID WEST LINE SOUTH 20 °30'45" EAST A DISTANCE OF 471.28 FEET; THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 433 06 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 01 °46'02" WEST A DISTANCE OF 129.92 FEET; THENCE SOUTH 88 °13'58" EAST A DISTANCE OF 321.41 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 367.67 FEET TO THE NORTH MARGIN OF SOUTH 126TH STREET, THENCE NORTH 89°18'50" WEST ALONG SAID MARGIN A DISTANCE OF 100.03 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 89 °18'50" WEST A DISTANCE OF 20.00 FEET TO THE WESTERLY MARGIN OF 34TH AVENUE SOUTH; THENCE SOUTH 01 °4705" WEST ALONG SAID WEST MARGIN A DISTANCE OF 244 07 FEET TO THE SOUTHEAST CORNER OF LOT C OF BOUNDARY LINE ADJUSTMENT NO. 89-6-BLA, RECORDED UNDER KING COUNTY RECORDING NO. 8908161260; THENCE NORTH 88 °48'42" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 277 34 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SR 99, PACIFIC HIGHWAY SOUTH, SAID POINT BEING ON A NON - RADIA L 1860 00 FOOT - RADIUS CURVE CONCAVE TO THE EAST AND FROM WHICH THE RADIUS POINT BEARS NORTH 73 °28'18" EAST, B -1 Seattle-3180220 2 0014354.00021 20030616000543 20030523002434 THENCE NORTHERLY ALONG SAID MARGIN AND SAID CURVE AN ARC DISTANCE OF 134.53 FEET THROUGH A CENTRAL ANGLE OF 04 °08'39" TO THE POINT OF TANGENCY, THENCE CONTINUING ALONG SAID EAST MARGIN NORTH 12 °23'03" WEST A DISTANCE OF 294 34 FEET TO AN ANGLE POINT ON SAID MARGIN; THENCE CONTINUING ALONG SAID EAST MARGIN NORTH 07 °52'07" WEST A DISTANCE OF 229.45 FEET; THENCE LEAVING SAID EAST MARGIN SOUTH 89 °18'1S" EAST A DISTANCE OF 252.04 FEET TO THE POINT OF BEGINNING SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON B -2 Seattle- 3180220 2 0014354 -00021 EXHIBITA [Legal Description of Lot 7] LOT 7 • Luu3U131b000b43.U1b 20030523002431 THAT PORTION OF GOVERNMENT LOT 15 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 10 AND THE SOUTHEAST QUARTER, SECTION 9, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE - QUARTER CORNER OF SAID SECTION 10; THENCE SOUTH 01 °46'02" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF 107.22 FEET TO A POINT ON SAID LINE; THENCE LEAVING SAID LINE SOUTH 87 °33'12" EAST A DISTANCE OF 512.24 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 402 93 FEET, THENCE NORTH 88 °13'58" WEST A DISTANCE OF 616 22 FEET; THENCE SOUTH 32 °09'15" EAST A DISTANCE OF 26.64 FEET, THENCE SOUTH 22 °04'16" EAST A DISTANCE OF 102.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 22 °04'16" EAST A DISTANCE OF 117.83 FEET TO A POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 15; THENCE LEAVING SAID WEST LINE SOUTH 20 °30'45" EAST A DISTANCE OF 471 28 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 433 06 FEET, THENCE NORTH 89 °18'15" WEST A DISTANCE OF 252.04 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO 1, SR 99, PACIFIC HIGHWAY SOUTH; THENCE NORTHERLY ALONG SAID EAST MARGIN NORTH 07 °52'07" WEST A DISTANCE OF 342 12 FEET TO AN ANGLE POINT ON SAID MARGIN, THENCE CONTINUING ALONG SAID EAST MARGIN NORTH 12 °23'03" WEST A DISTANCE OF 455 20 FEET TO THE BEGINNING OF A 1061.00 FOOT - RADIUS CURVE CONCAVE TO THE EAST, THENCE NORTHERLY ALONG SAID MARGIN AND SAID CURVE AN ARC DISTANCE OF 157.80 FEET THROUGH A CENTRAL ANGLE OF 08 °31'17" TO A POINT ON SAID MARGIN AND SAID CURVE, THENCE LEAVING SAID CURVE AND MARGIN ALONG A NON - RADIAL LINE NORTH 79 °36'57" EAST A DISTANCE OF 226.41 FEET TO THE POINT OF BEGINNING. SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON A -1 Seattle - 3180220 2 0014354 -00021 20030828002834 Recorded at the Request of and after Recording Return to. Lisa Pargas Washington Capital Management, Inc 1301 Fifth Avenue, Suite 1500 Seattle, WA 98101 • Legal Descnption (abbreviated) LOT 8 BLA L02 -057, LOTS 6 & 7 BLA L03 -04. Additional legal descnption(s) are on page36 of this document. Assessor's Tax Parcel ID102304- 9084;102304 -9080; 734060 -0602 a0°-301 W /D/�0DE OF,-TRUST AND UCC FIXTURE FILIN G Debtor's Organizational Identification Number 602 050 174 1111 1111 1111 Ili 1111 1111 111. 2003021 22SUU21334.01 THIS DEED OF TRUST AND UCC FIXTURE FILING (herein "Deed of Trust ") is made and granted on , 2003 by INTERNATIONAL GATEWAY EAST III LLC, a Washington limited liability company ( "Borrower "), whose mailing address is 12201 Tukwila International Blvd., Fourth Floor, Attention Chief Financial Officer, Seattle, WA 98168 -5121 to TRANSNATION TITLE INSURANCE COMPANY ( "Trustee "), whose mailing address is 1200 6th Avenue, Suite 100, Seattle, WA 98101, for the benefit of the Beneficiary, WASHINGTON CAPITAL JOINT MASTER TRUST MORTGAGE INCOME FUND, whose mailing address is 1301 Fifth Avenue, Suite 1500, Seattle, Washington 98101 ( "Lender"). For purpose of Article 9 of the Umform Commercial Code RCW 62A.9, the Borrower is the Debtor, Lender is the Secured Party and this Deed of Trust constitutes a Financing Statement. In consideration of the Loan descnbed below, Borrower hereby irrevocably GRANTS, TRANSFERS, CONVEYS and ASSIGNS to Trustee, IN TRUST, WITH POWER OF SALE, all of its present and future estate, nghts, title, claim, interest and demand, either m Iaw or m equity, of, in and to the following property (the `Property"): (a) The real property and all rights to the alleys, streets and roads adjoining or abutting real property in King County, State of Washington descnbed on Exhibit "A" attached hereto (the "Realty"), (b) All buildings, improvements and tenements now or hereafter located on the Realty; FILED FOR RECOR% A. Uf TRANSNATION TITLE INSURANCE CQ (c) All fixtures and articles of property now used or adapted for use in the ownership, development, operation, or maintenance of the buildings and improvements on the DEED OF TRUST FINAL • • Realty (whether such items be leased, be owned absolutely or subject to any title retaining or security instrument, or be otherwise used or possessed), including, without limitation, all heating, coolmg, air - conditioning, ventilating, refrigerating, plumbing, generating, power, lighting, laundry, maintenance, incinerating, lifting, cleaning, fire prevention and extinguishing, security and access control, cooking, gas, electric and communication fixtures, equipment and apparatus, all engines, motors, conduits, pipes, pumps, tanks, ducts, compressors, boilers, water heater and furnaces, all ranges, stoves, disposals, refrigerators and other appliances, all escalators and elevators, baths, sinks, all cabmets, partitions, mantels, built -in mirrors, window shades, blinds, screens, awnings, storm doors, windows and sash, alI carpeting, underpadding, floor covenng, paneling, and drapenes, all furnishings of public spaces, halls and lobbies, and all shrubbery and plants; all of which items shall be deemed part of the real property and not severable, wholly or in part, without matenal injury to the freehold, (d) All easements, all access, air and development rights, all minerals and oil, gas and other hydrocarbon substances, all royalties, all water, water nghts and water stock, and all other nghts, hereditaments, pnvileges, permits, licenses, franchises and appurtenances now or hereafter belonging or in any way appertaining to the Realty; (e) All of the rents, revenues, issues, profits and income of the Property, and all right, title and interest in and to all present and future leases and other agreements for the occupancy or use of all or any part of the Realty, including, without limitation, all cash or security deposits, advance rentals and deposits or payments of similar nature, SUBJECT, HOWEVER, to the assignment of rents and other property to Lender herein contained, (f) All intangible personal property used or useful in connection with the ownership, development, operation or maintenance of the buildings, improvements, and Realty, including, without limitation, all permits, licenses and franchises with respect to the Property, the exclusive right to use of any trade names, all contracts (including, but not limited to, architectural, engineenng, and management agreements), all accounts receivable, leases and rental agreements, escrow accounts, insurance policies, deposits (including, but not limited to, tenant deposits), instruments, documents of title, general intangibles, and business records pertaining to the buildings, improvements, and Realty excluding only cash on hand and in bank accounts; (g) All materials, supplies, and other goods, collectively referred to as "matenals," now owned or hereafter acquired, wherever located, whether in the possession of the Borrower, warehouseman, bailee, or any other person, purchased for use in the construction or furnishing of improvements on the said Realty, together with any documents covenng such materials, all contract rights and general intangibles relating to such materials, and proceeds of such matenals, documents, contract nghts and general intangibles; DEED OF TRUST FINAL 2 • • "LUU3Ut bUULb S4.UU3 (h) All site plans, architectural plans, specifications, work drawings, surveys, engineering reports, test borings, market surveys, and other work products relating to the development of the Property; (i) All of the Borrower's rights under any construction contract, architect's contract or engineering contract relatmg to improvements on the Realty, and all amendments thereto, together with all of the right, title and mterest of the Borrower in, to and under any and all performance, payment, completion, or other surety bonds now, or hereafter, issued by any surety in connection with any construction contract, insofar as the same may be transferable by the Borrower without breach of the agreement or bond referred to, and all transferable warranties related to the Property, and (1) All proceeds of any of the foregoing. TO SECURE THE FOLLOWING (collectively the "Secured Obligations ") (1) Payment of all amounts due to Lender pursuant to that certain Promissory Note of even date herewith, made by Borrower and payable to Lender, or order, together with any and all modifications, extensions, renewals, and replacements thereof (collectively the "Note "). Borrower is obtaining the Loan represented by the Note for the purpose of financing construction of improvements to the Property. (2) Payment of all sums advanced to protect the security of this Deed of Trust, together with interest thereon as herein provided; (3) The performance of the covenants and agreements of Borrower contained in a Loan Agreement between Borrower and Lender, dated of even date herewith (the "Loan Agreement "); (4) Payment of all other sums which are or which may become owing under the Loan Documents; and (5) Performance of all Borrower's other obligations under the Loan Documents. As used herein, the term "Loan Documents" means the Note, this Deed of Trust, the Loan Agreement and Uniform Commercial Code Financing Statements executed in connection herewith, and any other instrument or document securing the Note or otherwise executed in connection therewith, together with all modifications, extensions, renewals, and replacements thereof. Notwithstanding the foregoing, (a) Loan Documents shall not include that certain Environmental Indemnity executed by Borrower dated concurrently herewith (the "Environmental Indemnity"), and (b) this Deed of Trust does not secure Borrower's obligations under the Environmental Indemnity, and does not secure any obligations of Borrower which are the same as the obligations set forth m the Environmental Indemnity, for example, the general indemnity provisions of this Deed of Trust shall not include indemnification of matters covered by the Environmental Indemnity. DEED OF TRUST FINAL, 3 • • LUV' VOhOVV O. 4.Vuw BORROWER HEREBY REPRESENTS, WARRANTS, COVENANTS, AND AGREES AS FOLLOWS 1. TITLE. 1.1 General Borrower warrants, represents, covenants and agrees as follows: (a) Borrower holds marketable title to the Property with the full nght and power to grant, convey and assign the Property; (b) the Property is free from liens, encumbrances, exceptions and other charges of any kind whatsoever, except for the Permitted Exceptions (defined below) (c) no other lien or encumbrance, whether superior or inferior to this Deed of Trust, shall be created or suffered to be created by Borrower without the prior wntten consent of Lender; (d) no default on the part of Borrower or any other person exists under any of the Permitted Exceptions and all of the Permitted Exceptions are in full force and effect and in good standing, without modification, (e) complete and current copies of the Permitted Exceptions have been furnished to Lender, and none of them have been or will be modified by Borrower without Lender's pnor written consent; (f) Borrower shall fully comply with all the terms of the Permitted Exceptions and shall deliver to Lender a copy of all notices delivered in connection with the Permitted Exceptions, (g) Lender has the nght to contact the other parties to the Permitted Exceptions to confirm the status thereof, and Borrower shall, from time to time, at the request of Lender, request of such parties a certificate confirming such information regarding the Permitted Exceptions as Lender may request; and (h) Borrower shall forever warrant and defend the Property unto Lender against all claims and demands of any other person whatsoever, subject only to non - delinquent taxes and assessments and the Permitted Exceptions. As used in this Deed of Trust, "Permitted Exceptions" means the exceptions to title to the Property set out in Schedule B of the policy of title insurance issued to Lender with respect to this Deed of Trust, and those subsequently approved by Lender pursuant to the Loan Documents. 1.2 Status of Borrower. Borrower is and will continue to be (i) duly organized, validly existing and in good standing under the laws of the state of Washington, (11) authorized to do business in and in good standing in the state in which the Property is located, and (in) possessed of all requisite power and authonty to carry on its business and to own and operate the Property. Borrower's exact legal name is correctly set forth at the end of this Deed of Trust Borrower will not cause or permit any change to be made in as name, identity or entity structure unless the Borrower shall have notified Lender in writing of such change at least 30 days prior to the effective date of such change, and shall have first taken all action required by Lender for the purpose of further perfecting or protecting the lien and security interest of Lender in the Property. Borrower's principal place of business and chief executive office, and the place where Borrower keeps its book and records, including recorded data of any kind or nature, regardless of the medium of recording, including software, wnting, plans, specifications and schematics concerning the Property, has been for the preceding four months (or less if for the entire existence of Borrower) and will continue to be the address of Borrower set forth in this Deed of Trust (unless Borrower notifies Lender of any change in wntmg at least 30 days pnor to the date of such change). Borrower's unified business DEED OF TRUST FINAL 4 • • LUU,SUOZOUO i4.UU5 organizational identification number is correctly set forth on the first page of this Deed of Trust Borrower shall promptly notify Lender of any change of its organizational identification number 2. BORROWER'S COVENANTS. 2.1 Payment and Performance of Secured Obligations. Borrower will pay when due all sums which are or which may become owing on the Note, and will pay and perform all other Secured Obligations, in accordance with their terms, subject to the limitations on liability contained in the Note. 2.2 Payment of Taxes, Utilities, Liens and Charges. 2.2.1 Taxes and Assessments. Except as the same may otherwise be paid under Section 3 relating to reserves, Borrower will pay when due directly to the payee thereof all taxes and assessments (including, without limitation, nongovernmental levies or assessments such as maintenance charges, owner association dues or charges, or charges resulting from covenants, conditions or restrictions) charged against or with respect to the Property or this Deed of Trust Upon request, Borrower shall promptly furnish to Lender all notices of amounts due under this Section and all receipts evidencing such payments Borrower may contest any such taxes and assessments in accordance with any applicable procedures so long as such contest does not jeopardize Lender's security in the Property and so long as taxes and assessments do not become delinquent. 2.2.2 Utilities. Borrower will pay when due all utility charges and assessments for services furnished to the Property 2.2.3 Liens and Charges. Borrower will pay when due the valid claims of all persons supplying labor or materials to or in connection with the Property. Without waiving the restrictions of Section 4, Borrower will promptly discharge any hen or other charge, whether superior or inferior to this Deed of Trust, which may be claimed against the Property, either by payment or by posting of a bond or other security sufficient to remove the hen from title. 2.3. Insurance. 2.3.1 Coverages Required. Borrower will keep the following insurance coverages in effect with respect to the Property: (a) Special Causes of Loss form of insurance, in an amount equal at all times to the full insurable value of the improvements then located on the Property and all personal property included in the Property, which, dunng construction of any improvements shall be in the "builder's risk" completed value form. All such insurance coverage shall contain a "100% replacement cost endorsement" without reduction for depreciation and containing deductibles not exceeding $50,000. The insurance shall also contain a fluctuating DEED OF TRUST FINAL 5 • • ZUVJUOLODULO44.VUo value endorsement with a waiver of the co- insurance clause (or an agreed amount endorsement with an inflation guard endorsement; provided, however, that Lender will waive the inflation guard endorsement requirement, so long as the coverage maintained under this Section 2.3 1(a) is part of a blanket policy acceptable to Lender), shall waive all rights of subrogation against Lender, shall, if required by Lender, contain an ordinance or law coverage endorsement (which will contain Coverage A: Loss due to Operation of Law, Coverage B Demolition Cost, and Coverage C: Increased Cost of Construction; and the combined subhmit for Coverages A and B shall be not less that $5 million per occurrence), and shall contain such other endorsements as Lender may request. All such coverage and endorsements shall be in form and substance satisfactory to Lender (b) Difference in Conditions endorsement/coverage insunng against loss from earthquake and earth movement with a deductible of no greater than 10% of the improved value (c) Loss of Rents and/or Business Interruption insurance in an amount sufficient to cover any loss of income for a duration of not less than twelve (12) months, which insurance shall be in effect for the entire term of the loan. (d) Boiler and machinery insurance covenng the major components of the central heating, air conditioning and ventilating systems, boilers, other pressure vessels, high pressure piping and machinery, and other similar equipment installed m the Improvements, in an amount equal to the estimated replacement cost of the Improvements and with a deductible of not greater than $50,000 including Loss of Rents and/or Business Interruption insurance in an amount sufficient to cover any loss of income for a duration of not less than 12 months, which insurance shall be in effect for the entire term of the Loan. (e) Commercial general liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Property in amounts and on terms acceptable to the Lender, in its commercially reasonable judgment, and with a deductible of not greater than $50,000. If this insurance is carved under a blanket policy, the policy must include an endorsement in form acceptable to Lender to the effect that the aggregate limit shall apply separately to each location. (1) FIood insurance in an amount satisfactory to Lender and on terms satisfactory to Lender if required by Lender. (g) Certified and non - certified terrorism insurance coverage (if available for the Property) with respect to the Property on terms satisfactory to Lender in its commercially reasonable judgment, if the equity requirements of the Loan Agreement at Section 5 9.3 are not maintained. (h) Insurance against such similar or other hazards, casualties, liabilities, and contingencies, in such forms and amounts, as Lender may, from time to time, DEED OF TRUST FINAL 6 • • hVUOVOLOUV O44.UU1 require in its commercially reasonable judgment (but excluding terronsm coverage unless required pursuant to subsection (g) above). 2.3.2 Policies. Each insurance policy will be in form acceptable to Lender and issued by a company or companies approved by Lender and rated A- class size VIII or better (subject to change by Lender on notice to Borrower) in the most current issue of Best's Insurance Reports and licensed to do business in the state in which the Premises are located Each hazard insurance policy will include a Form 438BFU or equivalent mortgagee endorsement in favor of and in form acceptable to Lender All required policies will provide for at least 30 days' written notice to Lender pnor to the effective date of any cancellation, nonrenewal or material amendment, which term shall include any reduction in the scope or limits of coverage. Borrower shall provide certificates of Insurance on Acord 27 form for Property, Acord 25 -S for Liability with a CG 20 18 Additional insured Mortgagee, Assignee or Receiver Endorsement evidencing coverages required above and naming Lender as an Additional Insured The certificates and endorsement shall set forth the coverage, the limits of liability, the carrier, the policy number, and the expiration date and Borrower shall provide certified copies of the actual policies and endorsements, if requested. Lender shall be named as loss payee on the hazard insurance and Lender and Washington Capital Management, Inc shall be named as an additional insured on the liability insurance. Lender's name must appear in the followmg form on all certificates of insurance, or in such other form as Lender subsequently specifies to Borrower: Washington Capital Joint Master Trust Mortgage Income Fund, its successors and assigns 1301 Fifth Ave, Ste. 1500 Seattle, WA 98101 Washington Capital Management Inc , name shall appear in addition to Lender in the following form on the certificate of liability insurance: Washington Capital Management, Inc., its successors and assigns 1301 Fifth Ave, Ste. 1500 Seattle, WA 98101 2.3.3 Payment; Renewals. Borrower shall promptly furnish to Lender all renewal notices relating to insurance policies. Except as the same may otherwise be paid under Section 3 relating to reserves, Borrower will pay all premiums on insurance policies directly to the carrier or the broker. As soon as possible but prior to the expiration date of each such policy, Borrower shall furnish to Lender a certificate of the renewal policy in a form acceptable to Lender, together with evidence that the renewal premium has been paid. If Lender receives any notice of cancellation, including without limitation, for non - payment, Borrower shall be in default under this Loan and in addition to all other rights and remedies Lender has hereunder, Lender may (a) invoke the reserves provisions of Section 3.1, (b) procure replacement insurance pursuant to Section 2.3 6, and/or (c) advance the funds DEED OF TRUST FINAL 7 • • LUUSUOLODULOS4.0UO necessary to make any premium payments and the amount advanced shall bear interest at the default rate set forth m the Note. The cure penods and extensions thereof set forth in Section 8 3 and in the other Loan Documents are inapplicable to this Section 2.3.3; provided, however that Lender will permit Borrower 15 days after wntten notice of the default to Borrower before Lender invokes the reserve provisions of Section 3.1 or exercises Lender's remedies under Section 10 below. 2.3.4 Insurance Proceeds. In the event of any loss, Borrower will give prompt written notice thereof to the insurance carver and Lender. Borrower hereby authonzes Lender as Borrower's attorney -in -fact to make proof of loss, to adjust and compromise any claim, to commence, appear in, and prosecute, in Lender's or Borrower's name, any action relating to any claim, and to collect and receive insurance proceeds; provided, however, that Lender shall have no obhgation to do so. Lender shall apply any insurance proceeds received by it hereunder first to the payment of the costs and expenses incurred in the collection of the proceeds and then, in its absolute discretion and without regard to the adequacy of its security, to: (a) The payment of indebtedness secured hereby, whether then due and payable or not. Any such application of proceeds to pnncipal on the Note shall be without the imposition of any prepayment fee otherwise payable under the Note, but shall not extend or postpone the due dates of the installment payments under the Note, or change the amounts thereof, or (b) The reimbursement of Borrower, under Lender's prescribed disbursement control procedures, for the cost of restoration or repair of the Property Lender may, at its option, condition the reimbursement on Lender's approval of the plans and specifications of the reconstruction, contractor's cost estimates, architect's certificates, waivers of liens, sworn statements of mechanics and matenalmen, and such other evidence of costs, percentage completion of construction, application of payments and satisfaction of hens as Lender may require Except to the extent that insurance proceeds are applied to payment of the indebtedness secured hereby under clause (a) above, nothing herein contained shall be deemed to excuse Borrower from restonng, repairing or mamtammg the Property as provided in Section 2.4, regardless of whether or not there are insurance proceeds available or whether any such proceeds are sufficient in amount. 2.3.5 Borrower's Direction of Application of Insurance and Condemnation Proceeds. Notwithstanding the provisions of Section 2.3.4 clause (b) or Section 2 7.1, Borrower, rather than Lender, shall have the nght to direct the application of insurance or condemnation proceeds to payment of the indebtedness secured by this Deed of Trust, or to repair or restoration of the Property on the following conditions. (a) There is then no uncured default hereunder nor any event or condition which with notice or the passage of time or both would be a default hereunder. DEED OF TRUST FINAL 8 • • LUU4UOLODUt0.4.UU4 (b) If the proceeds are to be applied against the indebtedness, the proceeds are sufficient to pay the indebtedness m full, or Borrower pays the difference to the Lender in advance. (c) If the proceeds are to be applied to repair or restoration, then, in addition to the matters required under clause (b) of Section 2.3.4 above, Lender must have approved each of the following with respect to the repair or restoration: (i) the construction contract, and if required by Lender, payment and performance bonds with dual obligee rider, (ii) evidence that the insurance proceeds are adequate to restore the Property to its condition immediately pnor to the casualty, and if insufficient, the deficiency is deposited with Lender to be disbursed pnor to disbursement of insurance proceeds, (in) proof that Borrower has funds sufficient to pay operating expenses, taxes, debt service, and other carrying costs of the Property through the penod of repair or restoration, (iv) in the case of condemnation, evidence that the Property not taken through condemnation can be restored to a functional, architectural and economically viable unit, (v) evidence that upon such repair or restoration, the Property will be in compliance with all applicable laws, ordinances and regulations, (vi) evidence acceptable to Lender that upon the completion of any such repair or restoration, the Property will produce substantially the same rental income as before the casualty, loss or other taking In the case of a partial taking in condemnation, this condition will be deemed satisfied if the remaining property produces enough rental income to provide the same or better debt service coverage ratio as before the partial taking. (d) Each disbursement shall be made m accordance with and subject to the provisions of the Loan Agreement between Lender and Borrower which will be deemed amended to apply to the repair or restoration Without limitation as a condition to each advance, Lender may require endorsements to the title insurance policy as provided in the Loan Agreement. (e) Borrower executes and delivers to Lender such additional security documents and instruments as Lender deems necessary to continue. and to perfect Lender's security interest in the Property. 2.3.6 Proceeds Less than $250,000. Notwithstanding any other provisions of this Section 2 3 to the contrary, Borrower will deliver notice to Lender of all msurance claims, and if the casualty insurance proceeds are less than $250,000, the proceeds shall be paid to /released to Borrower for application m its discretion; provided that (a) such release shall not be deemed to waive Borrower's obligation to restore and maintain the Property pursuant to Section 2 4.1, (b) Borrower shall apply the proceeds to the repair and restoration and deliver evidence of such expenditures to Lender, and (c) any excess may be retained by Borrower. 2.3.7 Failure to Maintain. If Borrower fails or refuses to procure and maintain any of the required insurance, and/or if Lender receives any notice of cancellation of such coverage, whether for non - payment or otherwise, Lender may, at its option, and without DEED OF TRUST FINAL 9 • • LUU3UOLOV VLOS4.U'l U waiting until the cancellation to become effective, (a) advance funds to pay any delinquent premiums, or (b) procure such insurance for Lender's benefit and/or interests and any and all premiums, deductibles, or self-insured retentions, paid by Lender therefor shall be deemed an expense of the Borrower and shall be deemed due on demand or any other payment mode selected by Lender. Lender is not responsible for nor will Lender procure any insurance for Borrower's interests and/or benefit. 2.3.8 Transfer of Title. If the Property is sold pursuant to Section 10 or if Lender otherwise acquires title to the Property, Lender shall have all of the right, title and interest of Borrower m and to any insurance policies and unearned premiums thereon, and in and to the proceeds resulting from any damage to the Property pnor to such sale or acquisition. WARNING UNLESS YOU PROVIDE US WITH EVIDENCE OF THE INSURANCE COVERAGE AS REQUIRED BY OUR CONTRACT OR LOAN AGREEMENT, OR IF WE RECEIVE ANY NOTICE OF CANCELLATION, WE MAY ADVANCE FUNDS TO PAY ANY DELINQUENT PREMIUMS OR PURCHASE INSURANCE AT YOUR EXPENSE TO PROTECT OUR INTEREST. THIS INSURANCE MAY, BUT NEED NOT, ALSO PROTECT YOUR INTEREST. IF THE COLLATERAL BECOMES DAMAGED, THE COVERAGE WE PURCHASE MAY NOT PAY ANY CLAIM YOU MAKE OR ANY CLAIM MADE AGAINST YOU. YOU MAY LATER CANCEL THIS COVERAGE BY PROVIDING EVIDENCE THAT YOU HAVE OBTAINED PROPERTY COVERAGE ELSEWHERE. YOU ARE RESPONSIBLE FOR THE COST OF ANY INSURANCE PURCHASED BY US AND ANY DELINQUENT PREMIUMS PAID BY US. THE AMOUNTS PAID. THE AMOUNTS PAID MAY BE ADDED TO YOUR CONTRACT OR LOAN BALANCE, AND THE DEFAULT INTEREST RATE ON THE LOAN WILL APPLY TO THIS ADDED AMOUNT. THE EFFECTIVE DATE OF COVERAGE MAY BE THE DATE YOUR PRIOR COVERAGE LAPSED OR THE DATE YOU FAILED TO PROVIDE PROOF OF COVERAGE OR ON OR AFTER THE DATE WE RECEIVED NOTICE OF CANCELLATION. THE COVERAGE WE PURCHASE MAY BE CONSIDERABLY MORE EXPENSIVE THAN INSURANCE YOU CAN OBTAIN ON YOUR OWN AND MAY NOT SATISFY ANY NEED FOR PROPERTY DAMAGE COVERAGE OR ANY MANDATORY LIABILITY INSURANCE REQUIREMENTS IMPOSED BY APPLICABLE LAW. 2.4. Preservation and Maintenance of Property; Right of Entry. 2.4.1 Preservation and Maintenance. Borrower (i) will not commit or suffer any waste or permit any impairment or deterioration of the Property, (ii) will restore or DEED OF TRUST FINAL 10 • • LVV. VOLOVVLOJ4.V 1 1 repair promptly, and in a good and workmanlike manner all or any part of the Property to the equivalent of its ongmal condition, or such other condition as Lender may approve in writing, in the event of any damage, injury or loss thereof, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair, (in) will keep the Property, including improvements, fixtures, equipment, machinery, and appliances thereon, in good condition and repair, and shall replace fixtures, equipment, machinery, and appliances of the Property when necessary to keep such items in good condition and repair, and (iv) will generally operate and maintain the Property m a manner to ensure maximum revenue. 2.4.2 Alterations. No building or other improvement on the Realty will be structurally altered, removed or demolished, in whole or in part, without Lender's pnor written consent, nor will any fixture or chattel covered by this Deed of Trust, and adapted to the use and enjoyment of the Property be removed at any time without hke consent unless actually replaced by an item of equal suitability, owned by Borrower, free and clear of any hen or security interest except such as may be approved in writing by Lender. 2.4.3 Right of Entry. Lender is hereby authorized to enter the Property, including the interior of any structures, for the purpose of inspecting the Property and for the purpose of performing any of the acts it is authonzed to perform hereunder, subject to the nghts of Tenant under the DHS Lease. 2.5 Parking. If any part of the automobile parking areas included within the Property is taken by condemnation, or before said areas are otherwise reduced, Borrower will take all reasonable actions as are necessary to provide parking facilities in kind, size and location to comply with all governmental zoning and other regulations and all leases. Before making any contract for substitute parking facilities, Borrower will furnish to Lender satisfactory assurance of completion thereof, free of liens and in compliance with all governmental zoning and other regulations and all leases. Before making any contract for substitute parking facilities, Borrower will furnish to Lender satisfactory assurance of completion thereof, free of liens and in conformity with all government zoning and other regulations. 2.6 Use of Property. Borrower will comply with all laws, ordinances, regulations and requirements of any governmental body, and all other covenants, conditions and restrictions, applicable to the Property, and pay all fees and charges in connection therewith. Unless required by applicable law or unless Lender has otherwise agreed in wasting, Borrower will not allow changes in the use for which all or any part of the Property was intended at the time this Deed of Trust was executed. Borrower will not initiate or acquiesce in a change in the zoning classification of the Property without Lender's prior written consent The real property conveyed by this Deed of Trust is not used pnncipally for agncultural or farming purposes. DEED OF TRUST FINAL 11 • • 2.7 Condemnation. LUU.SUOLOUVLO34.U11 2.7.1 Proceedings. Borrower will promptly notify Lender of any action or proceeding relating to any condemnation or other taking (including without limitation change of grade), whether direct or indirect, of the Property or part thereof or interest therein, and Borrower will appear in and prosecute any such action or proceeding unless otherwise directed by Lender in writing. Borrower authorizes Lender, at Lender's option, as attorney - in -fact for Borrower, to commence, appear in and prosecute, in Lender's or Borrower's name, any action or proceeding relating to any such condemnation or other taking; provided, however, that Lender shall have no obhgation to do so. All awards, payments, damages, direct, consequential and otherwise, claims, and proceeds thereof, in connection with any such condemnation or other taking, or for conveyances in lieu of condemnation, are hereby assigned to Lender, and all proceeds of any such awards, payments, damages, or claims shall be paid to Lender. 2.7.2 Application of Proceeds. Lender shall apply any such proceeds in the manner and upon the terms and conditions set forth in Sections 2 3 4 and 2.3 5 relating to the application of insurance proceeds. 2.8 Protection of Lender's Security. Borrower will give notice to Lender of and will, at its expense, appear m and defend any action or proceeding that might affect the Property or title thereto or the interests of Lender or Trustee therein or the rights or remedies of Lender or Trustee. If any such action or proceeding is commenced, or if Lender or Trustee is made a party to any such action or proceeding by reason of this Deed of Trust, unless due to the negligence of Lender or due to a claim made against Lender due to no fault of Borrower, or if Borrower fails to perform any obligation on its part to be performed hereunder, then Lender and/or Trustee, each in its own discretion, may make any appearances, disburse any sums, make any entries upon the Property and take any actions as may be necessary or desirable to protect or enforce the secunty of this Deed of Trust, to remedy Borrower's failure to perform their covenants (without, however, waiving any default by Borrower) or otherwise to protect Lender's or Trustee's interests Borrower agrees to pay all loss, damage, costs, and expenses, including attorney's fees, of Lender and Trustee thus incurred This Section shall not be construed to require Lender or Trustee to mcur any expenses, make any appearances or take any actions. 2.9 Reimbursement of Lender's and Trustee's Expenses. All amounts disbursed by Lender and Trustee pursuant to Section 2.8 or any other provision of this Deed of Trust, with interest thereon, shall be additional indebtedness of Borrower secured by this Deed of Trust (except funds deposited with the Lender by Borrower pursuant to Section 3 or Section 2.3.5 or 2 7). All such amounts shall be immediately due and payable, and shall bear interest from the date of disbursement at the default interest rate set forth in the Note. 2.10 Books and Records, Financial Statements. Borrower will keep and maintain at Borrower's address stated above, or such other place as Lender may approve in writing, DEED OF TRUST FINAL 12 • • LUU4VOLODULO.14.U1 :3 books of accounts and records adequate to reflect correctly the results of the operation of the Property and copies of all wntten contracts, leases and other instruments which affect the Property. Such books, records, contracts, leases, and other instruments shall be subject to examination, inspection and copying at any time by Lender Borrower shall provide to Lender within 120 days after the end of Borrower's fiscal year, the financial statements required under the Loan Agreement, plus a balance sheet for the Borrower, Borrower's most recent federal income tax return (if that is not available within the 120 days, then it shall be provided as soon thereafter as it is available), and a statement of income and expenses of the Project (as that term is defined in the Loan Agreement), each in reasonable detail and certified by Borrower At the same time, Borrower shall also furnish a rent roll for the Property, certified by Borrower, showing the name of each tenant, the space occupied, the lease expiration date, the monthly rent, the date to which rent has been paid, and any deposit Borrower is holding. 2.11 Notice of Litigation. Borrower represents that (i) the Property is not subject to any casualty damage; (ii) Borrower has not received any wntten notice of any eminent domain or condemnation proceeding affecting the Property; and (iii) to the best of Borrower's knowledge following due and diligent inquiry, there are no actions, suits or proceedings pending, completed or threatened agamst or affecting Borrower, any guarantor or any person or entity owning an interest (directly or indirectly) in Borrower in any court or before any arbitrator or before or by any governmental authority that has not been disclosed in wnting to Lender. Borrower shall provide written notice to Lender of any future litigation as follows: (a) For litigation commenced against Borrower, notice of claims in excess of $250,000. Such notice must be delivered to Lender within 30 days of the date the litigation is served on Borrower and such notice shall provide sufficient detail regarding such litigation as is acceptable to Lender. Borrower shall keep Lender reasonably informed regarding the subject and status of the litigation (b) For litigation against Guarantor, notice of an individual claim in excess of $2 million, or aggregate outstanding claims in excess of 5% of the guarantor's then current net worth (with such net worth defined by reference to the Loan Agreement at Section 5.9). Such notices must be delivered within 120 days of the date that the Iitigation is served on the guarantor. All such notices may be made within a quarterly financial delivered within such 120 day period, and guarantor shall provide sufficient detail regarding such litigation as is acceptable to Lender. Borrower and guarantor shall keep Lender reasonably informed regarding the subject and status of the litigation. In addition, Borrower and any guarantor shall provide notices as follows (c) In the event of the entry of any judgment against Borrower in excess of $250,000, notice to Lender within 30 days of entry. DEED OF TRUST FINAL 13 • • hUV4UOCOVVtO34.4,114 (d) In the event of the entry of any judgment against any guarantor m excess of $1,000,000, notice to Lender within 30 days of entry. 3. RESERVES. 3.1 Deposits. Subject to the conditional waiver in Section 3.4 below, and if Lender so requires, Borrower will, at the time of making each installment payment under the Note, deposit with Lender a sum, as estimated by Lender, equal to (a) the rents under any ground lease, (b) the taxes and special assessments next due on the Property, and (c) the premiums that will next become due on insurance policies as may be required under this Deed of Trust, less all sums already deposited therefor, divided by the number of months to elapse before 2 months pnor to the date when such rents, taxes, special assessments, and premiums will become delinquent. Lender may require Borrower to deposit with Lender, in advance, such other sums for other taxes, assessments, premiums, charges, and impositions in connection with Borrower or the Property as Lender deems necessary to protect Lender's interest (herein "Other Impositions "). Such sums for Other Impositions shall be deposited in a lump sum or in penodic installments, at Lender's option If requested by Lender, Borrower will promptly deliver to Lender all bills and notices with respect to any rents, taxes, assessments, premiums, and Other Impositions. Unless Borrower and Lender otherwise agree in wnting, Lender shall not be required to pay Borrower any interest, earnings or profit on any sums deposited with Lender. All sums deposited with Lender under this Section 3.1 are hereby pledged as secunty for the Secured Obligations. 3.2 Application of Deposits. All such deposited sums shall be held by Lender and applied m such order as Lender elects to pay such rents, taxes, assessments, premiums and Other Impositions or, if a default occurs hereunder, may be applied, in whole or in part, to pay down the indebtedness secured hereby The arrangement provided for in this Section 3 is solely for the added protection of Lender and entails no responsibility on Lender's part beyond the allowing due credit, without interest, for the sums actually received by it. Upon any assignment of this Deed of Trust by Lender, any funds on hand shall be turned over to the assignee and any responsibility of Lender with respect thereto shall terminate. Each transfer of the Property shall automatically transfer to the grantee all rights of Borrower with respect to any funds accumulated hereunder. Upon payment in full of the Secured Obligations, Lender shall promptly refund to Borrower the remaining balance of any deposits then held by Lender 3.3 Adjustments to Deposits. If the total deposits held by Lender exceed the amount deemed necessary by Lender to provide for the payment of such rents, taxes, assessments, premiums, and Other. Impositions as the same fall due, then such excess shall, provided no Event of Default then exists hereunder, be credited by Lender on the next due installment or installments of such deposits. If, at any time, the total deposits held by Lender is less than the amount deemed necessary by Lender to provide for the payment thereof as the same fall due, then Borrower will deposit the deficiency with Lender within 30 days after written notice to Borrower stating the amount of the deficiency. DEED OF TRUST FINAL 14 • • CUU.3UO COU V ta34.U-I 0 3.4 Conditional Waiver. Notwithstanding any other provision of this Deed of Trust, Lender agrees that it will not require the payment of reserves as provided in this Section 3 so long as there is no delinquency m the payment of any taxes or assessments levied or assessed against the Property, nor any delinquency in the payment of the premiums for any insurance required under this Deed of Trust, and there is no other default under this Deed of Trust. 4. RESTRICTIONS ON TRANSFER OR ENCUMBRANCE. 4.1 No Transfers. Subject to Sections 4 2 and 4.3, neither the Property nor any part thereof or interest therein shall be encumbered, sold (by contract or otherwise), conveyed, or otherwise transferred by Borrower, nor shall there be any change in the ownership of Borrower or any change in the limited liability company manager of Borrower. Any such action without Lender's pnor wntten consent shall constitute a default hereunder and shall be deemed to increase the risk of Lender, and Lender may declare all sums secured hereby immediately due and payable, or may at its sole option, consent to such change in title, occupancy or ownership, subject to any conditions Lender may elect to impose, including but not limited to an increase in the interest rate on the mdebtedness secured hereby 4.2 Related Entity Transfer of Property and Assumption. Notwithstanding the provisions of Section 4.1, Lender shall waive its right to accelerate the balance due or increase the interest rate m order to allow the transfer of the Property and assumption of the Loan on the following conditions: (a) There then exists no default under any of the Loan Documents (b) Sabey Corporation, a Washmgton corporation ( "Sabey") is the sole manager of the transferee entity, with full discretionary authority; (c) More than fifty percent (50 %) ownership and control of the transferee entity is directly or indirectly held by (1) Sabey, (2) Sabey Family (defined in the Loan Agreement), (3) the Sabey Family Trust (the "Sabey Trust "), (4) a related entity created for the estate planning purposes of Sabey Family, or (5) a combination thereof; (d) Borrower pays all of Lender's out of pocket expenses, including without limitation, legal fees, in reviewing the proposed transfer and assumption. 4.3 Related Entity Transfer of Ownership. Notwithstanding the provisions of Section 4.1, Lender shall waive its right to accelerate the balance due or increase the interest rate in order to allow the transfer of ownership of the Borrower on the following conditions: (a) There then exists no default under any of the Loan Documents. (b) Sabey Corporation, a Washington corporation ( "Sabey ") remains the sole manager of the Borrower, with full discretionary authority; DEED OF TRUST FINAL 15 • • ZUUSUOLODUAO.4.U-i o (c) More than fifty percent (50 %) ownership and control of the Borrower remain directly or indirectly held by (1) Sabey, (2) Sabey Family (defined in the Loan Agreement), (3) the Sabey Family Trust (the "Sabey Trust "), (4) a related entity created for the estate planning purposes of Sabey Family, or (5) a combination thereof; (d) Borrower pays all of Lender's out of pocket expenses, including without limitation, legal fees, in reviewing the proposed transfer 4.4 Third Party Transfer and Assumption. Notwithstanding the provisions of Section 4 1, Lender shall waive its right to accelerate the balance due or mcrease the interest rate one time m order to allow the sale of the Property and assumption of the Loan on the following conditions (a) There then exists no default under any of the Loan Documents. (b) Lender's review and approval of all elements relating to the sale and assumption including, but not limited to, the sale agreement and the buyer's credit records, financial statements and tax returns. (c) The buyer evidences a satisfactory history of property management or contracts for property management with a property management firm satisfactory to Lender (d) Borrower pays an assumption fee of 1% of the then outstanding balance of the Loan, plus all of Lender's out of pocket expenses, including without limitation, legal fees, title insurance premiums, and credit report fees 5. UNIFORM COMMERCIAL CODE. 5.1 Security Agreement. This Deed of Trust constitutes a security agreement pursuant to the Uniform Commercial Code with respect to 5.1.1 Any of the Property which, under applicable law, is not real property or effectively made part of the real property by the provisions of this Deed of Trust, and 5.1.2 Any and all other property now or hereafter described on any Uniform Commercial Code Financing Statement naming Borrower as Debtor and Lender as Secured Party, and affecting property in any way connected with the use and enjoyment of the Property (any and all such other property constituting "Property" for purposes of this Deed of Trust). 5.1.3 All of Borrower's personal property, including, without limitation, all . accounts, chattel paper, inventory, equipment, instruments, investment property, documents, deposit accounts, general intangibles, and supporting obligations. DEED OF TRUST FINAL 16 • • LUUSUiSLt lltUtf34.U1 1 5.1.4 All products and proceeds of the property descnbed in Sections 5.1.1, 5 1 2, and 5.1 3 and all supporting obligations ancillary thereto or arismg in any way in connection therewith. 5.2 Grant to Lender. Borrower grants Lender a security interest in all property descnbed in Section 5.1 as secunty for the Secured Obligations. Neither the foregoing grant of a security interest nor the filing, of any such financing statement shall ever be construed as derogating from the parties' hereby stated intention that everything used in connection with the production of income from the Property or adapted for use therein or which is descnbed or reflected m this Deed of Trust is and at all times shall be regarded for all purposes as part of the real property 5.3 Lender's Rights. With respect to the Property subject to the foregoing security interest, Lender has all of the nghts and remedies (i) of a secured party under the Uniform Commercial Code, (ii) provided herein, including without limitation the nght to cause such Property to be sold by Trustee under the power of sale granted by this Deed of Trust, and (in) provided by law. In exercising its remedies, Lender may proceed against the items of real property and any items of personal property, separately or together, and in any order whatsoever, without affecting the availability of Lender's remedies. 5.4 UCC Remedies. Without limitation of Lender's nghts of enforcement with respect to the Property or any part thereof in accordance with the procedures for foreclosure of real estate, Lender may exercise its rights of enforcement with respect to the Property under the Uniform Commercial Code as in effect from time to time (or under the Uniform Commercial Code in force, from time to time, in any other state to the extent the same is applicable law) and in conjunction with, m addition to or in substitution for those nghts and remedies. (i) Lender may enter upon Borrower's premises to take possession of, assemble and collect the Property or to render it unusable; (u) Lender may require Borrower to assemble the Property and make it available at a place Lender designates, (iii) wntten notice mailed to Borrower as provided herein at least 10 days pnor to the date of sale shall constitute reasonable notice; provided that, if Lender fails to comply with this clause (iii) in any respect, its liability for such failure shall be limited to the hability (if any) imposed on it as a matter of law under the Uniform Commercial Code; (iv) any sale made pursuant to the provisions of this Section 5.4 shall be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with and upon the same notice as required for the sale of the Property under power of sale as provided in Section 10.2; (v) in the event of a foreclosure sale, whether made by Trustee under the terms hereof, or under judgment of a court, the Property may, at the option of Lender, be sold as a whole; (vi) it shall not be necessary for Lender to take possession of the Property prior to the time that any sale pursuant to the provisions of this Section 5 4 is conducted and it shall not be necessary for the Property to be present at the location of such sale; (vii) with respect to application of proceeds from disposition of the Property under Section 10.3 hereof, the costs incident to disposition shall include the reasonable expenses of retaking, holding, prepanng for sale or lease, selling, leasing and the like and the reasonable attorneys' fees and legal expenses incurred by Lender DEED OF TRUST FINAL 17 [UUSUOZODULO44.1.1 t1 (including the allocated cost of services provided by in -house counsel), (vui) Lender may appoint an agent(s) to perform tasks related to a sale; (ix) Lender may comply with any applicable state or federal law or regulatory requirements in connection with the disposition of the Property, and such compliance will not be considered to affect adversely the commercial reasonableness of the sale; (x) Lender may sell the Property without giving any warranties as to the Property, and may specifically disclaim any warranties; and (xii) Borrower acknowledges that the Property may be sold at a loss to Borrower and Lender shall have no liability for such loss 5.5 Fixture Filing. This Deed of Trust shall be effective as (a) a fixture filing with respect to any fixtures included in the Property, with Borrower as debtor and Lender as secured party, and (b) a financing statement covenng all of Borrower's personal property, including, without limitation, all accounts, chattel paper, inventory, equipment, instruments, investment property, documents, deposit accounts, general intangibles, and supporting obligations. This Deed of Trust may be filed m any other appropnate filing or recording office. The mailing addresses of Borrower and Lender are set forth in the introductory paragraph of this Deed of Trust. A copy of this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to in this Section 5.5. 5.6 Authorization to File Financing Statements; Power of Attorney. Borrower hereby authonzes Lender at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements with or without signature of Borrower as authorized by applicable law including, without limitation a financing statement describing the collateral as all of Borrower's personal property wherever located, now owned or hereafter acquired. For purposes of such filings, Borrower agrees to furnish any information requested by Lender promptly upon request by Lender. Borrower also ratifies its authorization for Lender to have filed any like initial financing statements, amendments thereto or continuation statements filed prior to the date of this Deed of Trust. Borrower hereby irrevocably constitutes and appoints Lender and any officer or agent of Lender, with full power of substitution, as its true and lawful attorneys -in -fact with full irrevocable power and authonty in the place and stead of Borrower or m Borrower's own name to execute in Borrower's name any such document and to otherwise carry out the purposes of this Section 5.6, to the extent that Borrower's authonzation above is not sufficient To the extent permitted by law, Borrower hereby ratifies and affirms all acts said attorneys -in -fact have lawfully done or caused to be done in the past or shall lawfully do or cause to be done in the future by virtue hereof. This power of attorney is coupled with an interest and shall be irrevocable. 6. RENTS AND LEASES. 6.1 Assignment of Rents and Leases. As part of the consideration for the indebtedness evidenced by the Note, and not as additional secunty therefor, to the fullest extent permitted under the DHS Lease and the Assignment of Claims Act 31 USC 3727, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all right, title DEED OF TRUST FINAL 18 • • LUU.SVOLODULO34.Ui and interest of Borrower in and to (a) that certain U.S. Government Lease for Real Property between Borrower and the United States of Amenca General Services Administration ( "GSA ") on behalf of the Department of Homeland Security, executed May 30, 2003 for a portion of the Property (the "DHS Lease ") any and all other future leases, and other agreements for the occupancy or use of all or any part of the Property, and any and all extensions, renewals and replacements thereof (collectively with the DHS Lease, the "Leases "); (b) all cash or security deposits, advance rentals and deposits of a similar nature under the Leases, and (c) all rents, issues, profits, and revenues (collectively "Rents ") now due or which may become due or to which Borrower may now or shall hereafter become entitled or may demand or claim (including Rents coming due during any redemption penod), ansing or issuing from or out of any and all Leases, including, without limitation, minimum, additional, percentage, and deficiency rents and liquidated damages. Pursuant to the foregoing, Lender may, at any time as long as there is an uncured event of default under the Loan, require Borrower tenants to transfer to Lender control over deposits held by Borrower under the Leases, on terms satisfactory to Lender. 6.2 Collection of Rents. Pnor to written notice given by Lender to Borrower of a default hereunder, Borrower shall have a license to, and will, collect and receive all Rents of the Property as trustee for the benefit of Lender and Borrower, to apply the Rents so collected first to the payment of taxes, assessments and other charges on the Property prior to delinquency, second to the cost of insurance, maintenance and repairs required by the terms of this Deed of Trust, third to the costs of discharging any obligation or liability of Borrower under the Leases, and fourth to the indebtedness secured hereby, with the balance, if any, so long as no such default has occurred, to the account of Borrower. Upon delivery of wntten notice by Lender to Borrower of a default hereunder and stating that Lender exercises its nghts to the Rents, and without the necessity of Lender entering upon, and taking and maintaining full control of the Property in person, by agent or by a court- appointed receiver, Lender shall immediately be entitled to possession of all Rents from the Property as the same become due and payable, including, without limitation, Rents then due and unpaid, and all such Rents shall immediately upon delivery of such notice be held by Borrower as trustee for the benefit of Lender only Upon delivery of such written notice by Lender, Borrower hereby agrees to direct each tenant or occupant of the Property to pay all Rents to Lender on Lender's written demand therefor, without any liability on the part of said tenant or occupant to inquire further as to the existence of a default by Borrower; Borrower hereby authonzes Lender as Borrower's attorney -in -fact to make such direction to tenants and occupants upon Borrower's failure to do so as required herein. Payments made to Lender by tenants or occupants shall, as to such tenants and occupants, be in discharge of the payors' obligations to Borrower. Lender may exercise, in Lender's or Borrower's name, all nghts and remedies available to Borrower with respect to collection of Rents. Nothmg herein contained shall be construed as obligating Lender to perform any of Borrower's obhgations under any of the Leases. 6.3 Borrower's Representations and Warranties. Borrower hereby represents and warrants to Lender that Borrower has not executed and will not execute any other assignment of said Leases or Rents, that Borrower has not performed and will not perform DEED OF TRUST FINAL 19 • • •UU$UOLODULtf34.U2U any acts, and has not executed and will not execute any instrument which would prevent Lender from exercising its nghts under this Section 6, and that at the time of execution of this Deed of Trust, there has been no anticipation or prepayment of any of the Rents of the Property for more than 1 month pnor to the due dates thereof. Borrower further represents and warrants to Lender that, to Borrower's knowledge, the DHS Lease is in good standing and there is no default thereunder, whether by Borrower or GSA, nor to Borrower's knowledge any event or condition which, with notice or the passage of time, or both, would be a default thereunder. Borrower will execute and deliver to Lender such further assignments of rents and leases of the Property as Lender may, from time to time, request. 6.4 Leases of the Property. Borrower will comply with and observe Borrower's obligations as landlord under all Leases, and will do all that is necessary to preserve all Leases in force and free from any nght of counterclaim, defense or setoff If Borrower as landlord fails to cure any default by Borrower under the DHS Lease within 20 days following notice by the tenant thereunder, or if Borrower has not initiated a cure as provided in the DHS Lease within that 20 day period, then Lender has the option (but not the requirement) to cure such default and charge Borrower all third -party costs of such plus a oversight fee equal to 10% of such third -party costs. Borrower shall pay such reimbursement and oversight fee immediately upon demand, with interest accruing at the default rate for Part A of the Note, and with any unpaid reimbursement added to the amount due under the Note. Any such cure by Lender shall not be deemed to cure Borrower's default under this Section 6.4. At Lender's request, Borrower will furnish Lender with executed copies of all Leases then existing or hereafter made, and all Leases hereafter entered into will be on a form and in substance satisfactory to Lender All Leases will specifically provide that the tenant attorns to any person succeeding to the interest of Borrower upon any foreclosure of this Deed of Trust or conveyance in lieu thereof, such attornment shall be in such form as Lender may approve, but shall provide that the tenant shall not have the nght of setoff or defense to payment of rents for any event or act that occurred pnor to such successor obtaining title to Borrower's interest, and the successor shall have no liability for matters occurring pnor their obtaining title, except to the extent such event or act is continuing at the time such successor obtains such title (e.g. the obligation to repair a continuing roof leak). The successor owner shall have no liability for return of any deposits not received by the successor. The tenant must also agree to execute such further evidences of subordination and attornment as Lender may, from time to time, request. Without Lender's wntten consent, Borrower will not collect or accept payment of any Rents of the Property more than 1 month pnor to the due dates thereof. 6.5 New Leases; Modifications. Borrower shall not, without the prior written consent of Lender, (i) enter into any Lease or equipment lease or equipment license agreement or similar agreements not approved by Lender in advance, (ii) amend, modify, cancel or terminate (including by exercise of any recapture, leaseback or any similar provision of any Lease) any of the Leases, any equipment lease or equipment license agreement, give any consent or waiver thereunder, make any acceptances or rejections thereunder, (iii) do or permit to be done, or omit to do or permit the omission of, any act or thing under the Leases if, as to any of the foregoing, the same might impair the security of this Deed of Trust, DEED OF TRUST FINAL 20 • • ZUUSUdZbUUZtS 4.UZ1 (iv) discount any rents under any Lease or accept a prepayment of any rent due under the Leases, except a payment of rent one month m advance or a prepayment in the nature of secunty for the performance of obhgations under the Leases, or (v) assign, pledge or encumber its interest in the Leases or the Rents, or permit such interest to be assigned, pledged or encumbered, except pursuant to the Loan Documents. Notwithstanding the foregoing, Lender's approval shall not be required to Lease(s) of all or a portion of the remaining space in the Property to GSA on all of the same terms and conditions of the DHS Lease, but Borrower must deliver to Lender wntten notice of such addition by DHS and copies of all leasing documents reflecting such addition. 6.6 Lender in Possession, Appointment of Receiver. Upon any default hereunder which is not cured within any applicable cure period, Lender may, in person, by agent, or by a court- appointed receiver, regardless of the adequacy of Lender's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof in the same manner and to the same extent as Borrower could do the same, including, without Iimitation, the execution, enforcement, cancellation, and modification of Leases, the collection of all Rents of the Property, the removal and eviction of tenants and other occupants, the making of alterations and repairs to the Property, and the execution and termination of contracts providing for management or maintenance of the Property, all on such terms as are deemed best by Lender to protect the security of this Deed of Trust. From and after the occurrence of any default, if any owner of the Property shall occupy the Property or part thereof, such owner shall pay to Lender in advance on the first day of each month a reasonable rental for the space so occupied, and upon failure so to do, Lender shall be entitled to remove such owner from the Property by any appropriate action or proceedings. Following a default hereunder which is not cured within any applicable cure period, Lender shall be entitled (regardless of the adequacy of Lender's security) to the appointment of a receiver, Borrower hereby consenting to the appointment of such receiver. Said receiver may serve without bond and may be Lender or an employee of Lender The receiver shall have, in addition to all the rights and powers customanly given to and exercised by such receivers, all the rights and powers granted to Lender in this Section 6. Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property. 6.7 Application of Rents. All Rents collected subsequent to delivery of written notice by Lender to Borrower of a default hereunder shall be applied first to the costs, if any, of taking control of and managing the Property and collecting the Rents, including, without limitation, attorney's fees, receiver's fees, premiums on receiver's bonds, costs of maintenance and repairs to the Property, premiums on insurance policies, taxes, assessments, and other charges on the Property, and the costs of discharging any obligation or liability of Borrower under the Leases, and then to the indebtedness secured hereby. Lender and the receiver shall be liable to account only for those Rents actually received. Lender shall not be liable to Borrower, anyone claiming wider or through Borrower, or anyone having an interest in the Property by reason of anything done or left undone by Lender under this Section 6. DEED OF TRUST FINAL 21 • • 2UU3Utf 22$UU2tf 34. U22 6.8 Deficiencies. To the extent, if any, that the costs of taking control of and managing the Property, collecting the Rents, and discharging obligations and liabilities of Borrower under the Leases, exceed the Rents of the Property, the excess sums expended for such purposes shall be indebtedness secured by this Deed of Trust. Such excess sums shall be payable upon demand by Lender and shall bear interest from the date of disbursement at the default interest rate under the Note, or the maximum rate which may be collected from Borrower therefor under applicable law if that is less 6.9 Lender not Mortgagee in Possession. Nothing herein shall constitute Lender a "mortgagee in possession" pnor to its actual entry upon and taking possession of the Property, entry upon and taking possession by a receiver not constituting possession by Lender 6.10 Enforcement. Lender may enforce this assignment without first resorting to or exhausting any secunty or collateral for the indebtedness. As used in this Section 6, the word "lease" shall mean "sublease" if this Deed of Trust is on a leasehold. This assignment shall terminate at such time as this Deed of Trust ceases to secure payment of indebtedness held by Lender. 6.11 Property Management. Sabey Corporation is providing property management services for the Property. Borrower warrants that Sabey Corporation has agreed that if the Loan is foreclosed, or if a deed in lieu of foreclosure is granted, then any property management agreement shall be terminated immediately upon Lender's request and Sabey Corporation shall cooperate in the transition of management of the Property. Borrower shall obtain Lender's approval of any property management contract for the Property, which must include the nght of Lender to terminate the contract following an uncured default under the Loan. Borrower shall not terminate or modify any approved property management contract or allow it to be assigned to another manager without Lender's prior written consent 7. CONSTRUCTION LOAN PROVISIONS. 7.1 Advances. Borrower agrees to comply with covenants and conditions of the Loan Agreement All advances made by Lender pursuant to the Loan Agreement shall be indebtedness of Borrower secured by this Deed of Trust, and such advances may be obligatory as provided in the Loan Agreement All sums disbursed by Lender prior to completion of the improvements to protect the security of this Deed of Trust up to the principal amount of the Note shall be treated as disbursements pursuant to the Loan Agreement All sums disbursed by Lender shall bear interest from the date of disbursement at the rate stated in the Note, unless collection from Borrower of interest at such rate would be contrary to the applicable law, m which event, such amounts shall bear mterest at the highest rate which may be collected from Borrower under applicable law and shall be payable upon notice from Lender to Borrower requesting payment thereof. DEED OF TRUST FINAL 22 • LUV3UOLt UVLi334.U'L:S 7.2 Assignment of Claims. From time to time, as Lender deems necessary to protect Lender's interests, Borrower shall, upon request of Lender, execute and deliver to Lender m such form as Lender shall direct, assignments of any and all nghts or claims which relate to the construction of the Property, and which Borrower may have against any party supplying or who has supplied labor, matenais or services in connection with construction of the Property 8. DEFAULT. 8.1 Default. The occurrence of any one or more of the following shall constitute a default hereunder 8.1.1 Failure to make any payment when due under the Note. 8.1.2 Failure to make any payment due under this Deed of Trust 8.1.3 Failure by Borrower to perform any other covenant, agreement or obligation contained in this Deed of Trust or other Loan Documents. 8.1.4 Any transfer of the Property or any interest therein in contravention of the provisions of Section 4. 8.1.5 A Financial Distress Default (as defined in Section 9). 8.1.6 Any representation or disclosure made to Lender by Borrower or any guarantor of the Loan proves to be matenally false or misleading when made, whether or not that representation or disclosure is contained herein. 8.1.7 A default occurs under any other indebtedness now or hereafter owing to Lender on which Borrower or any other maker of the Note or any guarantor of the Note is a maker or a guarantor. 8.2 Form of Notice. At Lender's option, any written notice of default required to be given to Borrower under Section 8.1 may be given in the form of a statutory notice of default under Washington Deed of Trust Actor any other form as Lender may elect. This provision is not intended and shall not be construed to reduce any grace period or cure period provided in this Deed of Trust, or any other Loan Document for curing any default. 8.3 Cure Periods Notwithstanding a default by Borrower as descnbed in Section 8 1, Lender agrees not to exercise the remedies descnbed in Section 10 if Borrower cures the default within any applicable cure period set forth below. 8.3.1 Failure to make any payment when due under the Note - 5 days after the due date. DEED OF TRUST FINAL 23 • LUUSUOLODULbi4.U14 8.3.2 Failure to make any payment due under this Deed of Trust - 5 days after written notice thereof given to Borrower by Lender. 8.3.3 Failure by Borrower to perform any other covenant, agreement or obligation contained in this Deed of Trust or other Loan Documents - 15 days after written notice thereof to Borrower, provided, however, that if such cure cannot be completed within the 15 day penod, Borrower shall be permitted such additional time to cure the default, not to exceed 180 days, if Borrower commences such cure within 15 days and diligently pursues it thereafter. Provided, however, if the cure is expected (or does) last most than 60 days from the original default, then Borrower shall notify Lender immediately of such projected cure penod, and include in such notice the estimated completion date and documentation acceptable to Lender supporting the estimate (such as bids, back order notices, etc) and if Lender approves such notice and documentation, then the projected cure date shall be approved as estimated 8.3.4 Any transfer of the Property or any interest therein in contravention of the provisions of Section 4 — no cure period. 8.3.5 A Financial Distress Default (as defined in Section 9) — see cure penods set forth in Section 9. 8.3.6 Any representation or disclosure made to Lender by Borrower or any guarantor of the Loan proves to be materially false or misleading when made, whether or not that representation or disclosure is contained herein — no cure penod 8.3.7 A default occurs under any other indebtedness now or hereafter owing to Lender on which Borrower is a maker or a guarantor — any applicable cure period, if any, under the instrument(s) evidencing such indebtedness. 9. FINANCIAL DISTRESS. 9.1 Financial Distress Default. Each of the following shall be a Financial Distress Default by Borrower (a) the making by Borrower of any general assignment or general arrangement for the benefit of creditors; the filing by or against Borrower of a petition to have Borrower adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy, (b) the appointment of a trustee or a receiver to take possession of all or any part of Borrower's assets, or (c) the entry of any final judgment against Borrower which would have a material adverse effect on the financial condition of Borrower. Borrower shall immediately notify Lender upon the occurrence of any Financial Distress Default Lender agrees not to exercise its remedies for a Financial Distress Default if it is cured within the following cure penods: Clause (a) - 90 days to obtain a dismissal of the petition; Clause (b) - 60 days have the trustee or receiver dismissed or otherwise regain possession of Borrower's assets, and Clause (c) - 90 days to have the judgment discharged or satisfied. DEED OF TRUST FINAL 24 • 'LUU:3UI5 2tSUU2ti:34.0 25 9.2 Filing of Petition. Lender and Borrower (as either debtor or debtor -in- possession) agree that if a petition ( "Petition ") is filed by or against Borrower under Title 11 of the United States Code (the "Bankruptcy Code "): 9.2.1 Adequate protection for Borrower's Loan obligations accruing after filing of the Petition shall be provided within 15 days after filing m the form of a deposit equal to one month's Loan payments, to be held by the court or an escrow agent approved by Lender and the court. 9.2.2 Borrower or Trustee shall give Lender at least 30 days wntten notice of any termination of the Construction Contract or Architect's Contract. If Borrower terminates either without notice, Borrower or Trustee shall stipulate to entry of an order for relief from stay to permit Lender to foreclose on the Property 9.2.3 If Borrower was in default under the Loan before the filing of the Petition, whether or not Lender has given Borrower wntten notice of that default and whether or not any cure penod expired before filing the Petition, Borrower shall be deemed to have been in default on the date the Petition was filed for all purposes under the Bankruptcy Code. 9.2.4 For the purposes of the Bankruptcy Code, adequate assurance of future performance of this Loan by Borrower, Trustee or any proposed purchaser of the Property will require that Borrower, Trustee or the proposed purchaser deposit 2 months of Loan payments into an escrow fund (to be held by the court or an escrow agent approved by Lender and the court) as secunty for such future performance. In addition, if the Property is to be sold, adequate assurance of future performance by the proposed purchaser shall require that: (i) the purchaser have a tangible net worth not less than twice the then Loan balance or that such purchaser's performance be unconditionally guaranteed by a person or entity that has a tangible net worth not less twice the then Loan balance; (ii) the purchaser demonstrates that it possesses a history of success in operating a project of similar size and complexity in a similar market; (iii) purchaser assumes in writing all of Borrower's obligations under the Loan. 9.2.5 If Borrower or Trustee intends to sell the Property, Borrower or Trustee shall provide Lender with 30 days written notice of the proposed action, separate from and in addition to any notice provided to all creditors. Notice of a proposed sale and assumption shall state the assurance of prompt cure, compensation for loss and assurance of future performance to be provided to Lender. Notice of a proposed sale shall state (i) the name, address, and federal tax identification numbers and registration numbers of the proposed purchaser; (ii) all of the terms and conditions of the proposed sale, and (iii) the purchaser's proposed adequate assurance of future performance to be provided to Lender. 9.2.6 If Borrower is in default under the Loan when the Petition is filed, Lender shall not be required to provide Borrower or Trustee with any further disbursements of Loan proceeds until all defaults have been cured. DEED OF TRUST FINAL 25 • • 10. REMEDIES. GUU3000OUVGO.4.0Gb 10.1 Acceleration Upon Default; Additional Remedies. If a default occurs and is not cured within any applicable cure penod, Lender may, at its option and without notice to or demand upon Borrower, exercise any one or more of the following actions: 10.1.1 Declare any and all indebtedness secured by this Deed of Trust to be due and payable immediately. 10.1.2 Brmg a court action to enforce the provisions of this Deed of Trust, or any of the indebtedness or obligations secured by this Deed of Trust. 10.1.3 Foreclose this Deed of Trust as a mortgage. 10.1.4 Cause any or all of the Property to be sold under the power of sale granted by this Deed of Trust in any manner permitted by applicable law. 10.1.5 Elect to exercise its rights with respect to the Leases and the Rents (notice of exercising this right will be given by Lender to Borrower). 10.1.6 Exercise any or all of the other nghts and remedies provided for herein. 10.1.7 Enter upon and take full control of the Property in order to perform all acts necessary or appropnate for the completion of construction and development of the Property, acceptance of the Property by the tenants under the Leases and operation, maintenance and repair of the Property in accordance with the standards set forth in the Lease and required by the Loan Documents, either directly, by agent or by a court- appointed receiver 10.1.8 Exercise any other right or remedy available under law or m equity, including, but not limited to, rights and remedies of a secured party under the UCC. 10.2 Exercise of Power of Sale. For any sale under the power of sale granted by this Deed of Trust, Lender or Trustee shall record, advertise and give all notices required by law and then, upon expiration of such time as is required by law, Trustee may sell the Property upon any terms and conditions specified by Lender and permitted by applicable law. Trustee may postpone any sale by public announcement at the time and place noticed for the sale. If the Property mcludes several lots or parcels, Lender, in its discretion, may designate their order of sale or may elect to sell all of them as an entirety. The Property, real, personal or mixed, may be sold in one parcel. To the extent any of the Property sold by the Trustee is personal property, the Trustee shall be acting as agent of the Lender in selhng such Property. Any person permitted by law to do so may purchase at any sale. Upon any sale, Trustee will execute and deliver to the purchaser or purchasers a deed or deeds conveying the Property sold, but without any covenant or warranty, express or implied, and the recitals in the Trustee's deed showing that the sale was conducted in compliance with all the requirements DEED OF TRUST FINAL 26 • • LUUOVOLOVVLOS4.1.0L1 of law shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value. 10.3 Application of Sale Proceeds. The proceeds of any sale under this Deed of Trust will be applied in the following manner. FIRST: Payment of the costs and expenses of the sale, including, without hmitation, Trustee's fees, legal fees and disbursements, title charges and transfer taxes, and payment of all expenses, liabilities and advances of Trustee, together with interest on all advances made by Trustee from date of disbursement at the applicable interest rate under the Note from time to time or at the maximum rate permitted to be charged by Trustee under the applicable law if that is less SECOND: Payment of all sums expended by Lender under the terms of this Deed of Trust and not yet repaid, together with interest on such sums from date of disbursement at the applicable interest rate under the Note from time to time or the maximum rate permitted by applicable law if that is Iess THIRD: Payment of all other indebtedness secured by this Deed of Trust in any order that the Lender chooses. FOURTH: The remainder, if any, to the person or persons legally entitled to it. 10.4 Waiver of Order of Sale and Marshaling. Lender shall have the nght to determine the order in which any or all portions of the secured indebtedness are satisfied from the proceeds realized upon the exercise of any remedies provided herein Borrower, any party who consents to this Deed of Trust and any party who, now or hereafter, acquires a security interest in the Property and who has actual or constructive notice hereof, hereby waives any and all nght to require marshaling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein, or to direct the order m which any of the Property will be sold in the event of any sale under this Deed of Trust 10.5 Nonwaiver of Defaults. The entenng upon and taking possession of the Property, the collection of Rents or the proceeds of fire and other insurance policies or compensation or awards for any taking or damage of the Property, and the application or release thereof as herein provided, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 10.6 Expenses During Redemption Period. If this Deed of Trust is foreclosed as a mortgage and the Property sold at a foreclosure sale, the Purchaser may during any redemption penod allowed, make such repairs or alterations on the Property as may be necessary for the proper operation, care, preservation, protection, and insuring thereof. Any sums so paid, together with interest thereon from the time of such expenditure at the default rate of interest stated in the Note or the highest lawful rate, if that is less, shall be added to and become a part of the amount required to be paid for redemption from such sale. DEED OF TRUST FINAL 27 • • LVVJVOGOVVL03'4.000 10.7 Foreclosure Subject to Tenancies. Lender shall have the right at its option to foreclose this Deed of Trust and foreclose out all subordinate tenancies (except those where Lender has entered non - disturbance agreements with the tenant), or foreclose out some subordinate tenancies and leave others in place or foreclose subject to and without eliminating any subordinate tenancies. 10.8 Evasion of Prepayment Terms. If a default has occurred and is continuing, a tender of payment of the amount necessary to satisfy the entire indebtedness secured hereby made at any time pnor to foreclosure sale (including sale under power of sale) by Borrower, its successors or assigns, or by anyone in behalf of Borrower, its successors or assigns, shall constitute an evasion of any prepayment terms of the Note, and be deemed to be a voluntary prepayment thereunder and any such payment to the extent permitted by law, will, therefore, include the additional payment required under the prepayment provisions of the Note. 10.9 Remedies Cumulative. To the extent permitted by law, every nght and remedy provided in this Deed of Trust is distinct and cumulative to all other nghts or remedies under this Deed of Trust, or afforded by law or equity, or any other agreement between Lender and Borrower, and may be exercised concurrently, independently or successively, in any order whatsoever. Lender may exercise any of its nghts and remedies at its option without regard to the adequacy of its security. 10.10 Lender's and Trustee's Expenses. Borrower will pay all of Lender's and Trustee's expenses incurred in any efforts to enforce any terms of this Deed of Trust, whether or not any suit is filed, including, without limitation, legal fees and disbursements, foreclosure costs, and title charges. All such sums, with interest thereon, shall be additional indebtedness of Borrower secured by this Deed of Trust. Such sums shall be immediately due and payable, and shall bear interest from the date of disbursement at the default rate of interest stated in the Note, or the maximum rate which may be collected from Borrower under applicable law if that is less As used in this Deed of Trust and in the other Loan Documents, "attorneys' fees" and "legal fees" shall include attorneys' fees, if any, which shall be incurred whether or not legal action is commenced and any such fees incurred at any tnal, arbitration, or interpleader or bankruptcy hearing or any judicial proceeding, and on appeal or review, and on any collection before or after judgment. 11. GENERAL. 11.1 Application of Payments. Except as applicable law or this Deed of Trust may otherwise provide, all payments received by Lender under the Note or this Deed of Trust shall be applied by Lender in the following order of priority. (a) Lender's and Trustee's expenses incurred in any efforts to enforce any terms of this Deed of Trust; (b) interest payable on advances made to protect the security of this Deed of Trust, (c) principal of such advances; (d) amounts payable to Lender by Borrower under Section 3 for reserves; (e) interest and late charges payable on the Note; (f) principal of the Note; and (g) any other sums secured by this Deed of Trust in such order as Lender, at its option, may determine, provided, however, that DEED OF TRUST FINAL 28 • • LUUSUOLODULt$44.ULy Lender may, at its option, apply any such payments received to interest on or pnncipal of the Note pnor to applying such payments to interest on and pnncipal of advances made to protect the secunty of this Deed of Trust. 11.2 Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all Notes evidencing indebtedness secured by this Deed of Trust to Trustee Trustee shall reconvey the Property without warranty to the person or persons legally entitled thereto The grantee in any reconveyance may be descnbed as the "person or persons legally entitled thereto," and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof Such person or persons shall pay Trustee's costs incurred in so reconveying the Property. 11.3 Successor Trustee. In accordance with applicable law, Lender may, from time to time, appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. 11.4 Lender's Powers. Lender may at any time and from time to time by a specific writing intended for the purpose (a) waive any default without waiving any other prior or subsequent Default; (b) waive compliance by Borrower with any covenant herein made by Borrower to the extent and in the manner specified in such wnting; (c) consent to Borrower's doing any act which hereunder Borrower is prohibited from doing, or to Borrower's failing to do any act which hereunder Borrower is required to do, to the extent and in the manner specified in such writing; (d) release or reconvey or cause to be released or reconveyed all or any part of the Property from the lien of this Deed of Trust, without the Joinder of Trustee; (e) extend or otherwise modify the terms and the time for payment of the indebtedness secured hereby or any part thereof, or reduce payment thereon, (f) release any party liable, either directly or indirectly, for the Secured Obligations or for any covenant herein or in any other Loan Document, (g) consent and/or cause Trustee to consent to the making of any map or plat of the Property, (h) consent or cause Trustee to consent to the granting of any easement or creating any restriction on the Property, or (i) join or cause Trustee to ,loin in any subordination or other agreement affecting this Deed of Trust or the hen or charge hereof, without umpainng or releasing the liability of any other party. In addition to the foregoing, Lender may remedy any default without waiving the default remedied Borrower shall pay Lender a service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lender's option, for any action if taken at Borrower's request. No such above descnbed act shall m any way affect the rights or powers of Lender or Trustee hereunder except to the extent specifically agreed to by Lender, as the case may be, in such writing. Neither failure by Lender to exercise, nor delay by Lender in exercising, nor discontinuance of the exercise of any nght, power or remedy (including the nght to accelerate the maturity of the Secured Obligations or any part thereof) upon or after any Default shall be construed as a waiver of such default or as a waiver of the nght to exercise any such nght, DEED OF TRUST FINAL 29 • LUUSUOZODU4044.11JU power or remedy at a later date. No single or partial exercise by Lender of any right, power or remedy hereunder shall exhaust the same or shall preclude any other or further exercise thereof, and every such right, power or remedy hereunder may be exercised at any time and from time to time. No waiver of any provision hereof or consent to any departure by Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by Lender and then such waiver or consent shall be effective only in the specific instance, for the purpose for which given and to the extent therein specified No notice to or demand on Borrower in any case shall of itself entitle Borrower to any other or further notice or demand in similar or other circumstances. 113 Lender's Assignment and Participation. Lender reserves and is hereby granted by the Borrower the nght to assign the Loan in whole or in part, or to obtain a participation in the Loan from any third party. In the event of such assignment or participation, Borrower shall be responsible for all costs incurred in connection with the assignment or participation and all of the obligations of the Borrower shall inure to the benefit of the Lender's successor, assignee or designee. Any complete assignment by Lender to a bona fide commercial lending organization shall serve to release Lender from any further liability under the Loan Documents. Borrower further agrees to provide any such participant or assignee with such further assurances as may be required including, but not limited to, the outstanding balance of the Note, an agreement to make its payment thereon as directed, and confirming that there exists no defenses or offsets to payment of the Note, or the performance of its obligations under the loan security. 11.6 No Violation of Usury Laws. Interest, fees and charges collected or to be collected in connection with the indebtedness secured hereby shall not exceed the maximum, if any, permitted by any applicable law. If any such law is interpreted so that said interest, fees and/or charges would exceed any such maximum and Borrower is entitled to the benefit of such law, then: (a) such interest, fees and/or charges shall be reduced by the amount necessary to reduce the same to the permitted maximum; and (b) any sums already paid to Lender which exceeded the permitted maximum will be refunded. Lender may choose to make the refund either by treating the payments, to the extent of the excess, as prepayments of principal or by making a direct payment to the person(s) entitled thereto. No prepayment premium shall be assessed on prepayments under this Section The provisions of this Section shall control over any inconsistent provision of this Deed of Trust or the Note or any other Loan Documents. 11.7 Additional Documents; Power of Attorney. Borrower, from time to time, will execute, acknowledge and deliver to Lender upon request, and hereby irrevocably appoints Lender their attomey -in -fact, to execute, acknowledge, deliver and, if appropriate, file and record, such security agreements, assignments for security purposes, assignments absolute, financing statements, affidavits, certificates, and other documents, in form and substance satisfactory to Lender, as Lender may request in order to perfect, preserve, continue, extend, or maintain the assignments herein contained, the lien and security interest under this Deed of Trust, and the pnority thereof. Borrower will pay to Lender, upon request DEED OF TRUST FINAL 30 • • LUUJUOLO4.ULOJ4.UJI therefor, all costs and expenses incurred in connection with the preparation, execution, recording, and filing of any such document. 11.8 Waiver of Statute of Limitations. To the full extent Borrower may do so, Borrower hereby waives the right to assert any statute of limitations as a defense to the enforcement of the hen of this Deed of Trust or to any action brought to enforce the Note or any other obligations secured by this Deed of Trust. 11.9 Forbearance by Lender Not a Waiver. Any forbearance by Lender m exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any nght or remedy, and no waiver by Lender of any particular default by Borrower shall constitute a waiver of any other default or of any similar default in the future. Without limiting the generality of the foregomg, the acceptance by Lender of payment of any sum secured by this Deed of Trust after the due date thereof shall not be a waiver of Lender's right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment The procurement of insurance or the payment of taxes or other hens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust, nor shall Lender's receipt of any awards, proceeds or damages under Sections 2.3 and 2.7 hereof operate to cure or waive Borrower's default in payment of sums secured by this Deed of Trust. 11.10 Modifications and Waivers. This Deed of Trust cannot be waived, changed, discharged, or terminated orally, but only by an instrument, in writing, signed by the party against whom enforcement of any waiver, change, discharge, or termination is sought 11.11 Notice. Except as applicable Iaw may otherwise require, all notices and other communications shall be in writing and shall be deemed given when delivered by personal service, or when mailed, certified or registered mail, postage prepaid, addressed to the address set forth at the beginning of this Deed of Trust, 3 days after such mailing, or upon receipt, whichever is earlier. Any party may at any time change its address for such purposes by delivenng or mailing to the other parties hereto as aforesaid a notice of such change. 11.12 Governing Law. This Deed of Trust shall be interpreted and enforced m accordance with the laws of the state where the Property is located. If any provisions of this Deed of Trust are determined to be unlawful in the state where the Property is located, said provisions are subject to amendment by Lender to comply with such state law or at Lender's sole option, this Deed of Trust will be considered null and void and all fees theretofore paid will be returned to Borrower. 11.13 Venue. If any action is brought to enforce or interpret the provisions of this Deed of Trust, the venue of such action shall be laid in King County, Washington 11.14 Severability; Captions. If any provision or clause of this Deed of Trust conflicts with applicable law, such conflicts shall not affect other provisions or clauses hereof DEED OF TRUST FINAL 31 • • hvv vohouv o34.U32 which can be given effect without the conflicting provision, and to this end the provisions hereof are declared to be severable. The captions and headings of the Sections of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 11.15 Definitions. As used herein. the term "Borrower" means the Borrower herein named, together with any subsequent owner of the Property or any part thereof or interest therein, the term "Trustee" means the Trustee herein named, together with any successor Trustee, and the term "Lender" means the Lender herein named, together with any subsequent owner or holder of the Note or any mterest therein, including pledgees, assignees and participants 11.16 Successors and Assigns Bound, Joint and Several Liability; Lenders. This Deed of Trust shall bind and inure to the benefit of the parties hereto and their respective heirs, devisees, legatees, administrators, executors, successors and assigns, subject to the provisions of Section 4 hereof All obligations of Borrower hereunder are joint and several. In exercising any nghts hereunder or taking actions provided for herein, Lender and Trustee may act through their respective employees, agents or independent contractors as authorized by Lender and Trustee 11.17 Number, Gender. This Deed of Trust shall be construed so that wherever applicable, the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders 11.18 Time. Time is of the essence in connection with all obligations of Borrower herein 11.19 Equal Credit Opportunity Act. Borrower acknowledges that no person has been asked to sign the application solely because of a mantal relationship with another Borrower, and all persons who do so sign this Deed of Trust acknowledge that they have done so as the onginal applicant as part of Borrower. In the event the Borrower consists of any person who is married but not such married person's spouse, such person warrants to the Lender that all financial and credit information pertains solely to such persons and does not involved his or her spouse's separate property, that his or her spouse does not participate in the management of any of the Property, that his or her spouse shall sign such security documents as is necessary for the Lender to obtain a fully effective hen against any of the collateral for this loan, and that none of such person's assets of a significant nature and which Lender has relied upon m extending credit to Borrower shall be transferred or conveyed to his or her spouse so long as this loan remains outstanding without Lender's prior written approval. 11.20 Independent Evaluation. Borrower acknowledges that it has independently evaluated the economic viability of this Project and the rehability and skills of its contractor, architect and all other persons engaged to assist m the completion of this Project, and DEED OF TRUST FINAL 32 • • LuuJuocovuL,00v.uas Borrower has relied and will hereafter rely solely on its own independent data, evaluations and business judgment regarding all matters which relate to the legahty, feasibility or financial success of this Project. Borrower confirms and agrees that it has not relied upon Lender in any manner in reaching these conclusions. None of Lender's requirements or waivers m this application or in any of the secunty for this loan (including, but not limited to, appraisal, lease, insurance coverage, governmental, supervision, and inspection requirements) constitute a recommendation, wavier or endorsement by Lender of any particular person, data, policy or procedure or what the Borrower, in its prudent and reasonable business judgments, should obtain for its own purposes. 11.21 Mutual Negotiation. This document has been mutually negotiated and shall not be construed against either party. 11.22 Entire Agreement. This Deed of Trust constitutes the entire agreement between the parties hereto, and no modification of this Deed of Trust shall be deemed effective unless executed in writing by Lender and Borrower subsequent to the date hereof 11.23 Estoppel Certificate. Borrower shall, within 10 days after receipt of Lender's written request, furnish Lender or any other party designated by Lender with a written statement, duly acknowledged, setting forth the amount of the Secured Obligations and otherwise confirming the status of the Secured Obligations, the Property, and the Loan Documents. 11.24 Notice to Account Debtors. In addition to the nghts granted elsewhere in this Deed of Trust, Lender may at any time notify the account debtors or obligors of any accounts, chattel paper, general intangibles, negotiable instruments or other evidences of indebtedness included in the Property to pay Lender directly. 12. RECOURSE LIMITATIONS. Lender's nghts of recourse against Borrower and all guarantors are subject to the limitations contained in Section 8 of the Note. DEED OF TRUST FINAL 33 • • LUUJUOLODUL034.044 IN WITNESS WHEREOF, Borrower has executed this Deed of Trust as of the date first above wntten. "BORROWER" INTERNATIONAL GATEWAY EAST III LLC, a Washington lunited liability company By: Sabey Corporation, a Washington corporation Manager By Its• STATE OF WASHINGTON ) ) ss COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acKnowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument and acknowledged it as the C, P .0 . of Sabey Corporation, Manager of INTERNATIONAL GATEWAY EAST III LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. az DATED: u d _-_ - 3 . DEED OF TRUST FINAL Owl ture •f Notary Public) (Fruited Name of Notary Public) My Appointment expires Rs -A0-06, 34 • • EXIIIBIT A Property Description PARCEL A: 20030828002834.0 LOT 8, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. BLA L02 -057, RECORDED UNDER KING COUNTY RECORDING NU. 20030327900002; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON PARCEL B LOTS 6 AND 7, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. BLA L03 -034, RECORDED UNDER KING COUNTY RECORDING NO. 20030725900003; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON PARCEL C: NON - EXCLUSIVE EASEMENTS FOR CONDUIT FACILITIES AND ACCESS, PARKING AND DRAINAGE AS ESTABLISHED BY AGREEMENTS RECORDED UNDER KING COUNTY RECORDING NUMBERS 20010809001066 AND 20030523002434. DEED OF TRUST FINAL A -1 20030828002835 Recorded at the Request of and after Recording Return to Lisa Pargas Washington Capital Management, Inc 1301 Fifth Avenue, Suite 1500 Seattle, WA 98101 20030828002835.0 Legal Descnption (abbreviated) LOT 8 BLA L02 -057, LOTS 6 & 7 BLA L03 -04 Additional legal descnption(s) are onp9. 8 of this document Assessor's Tax Parcel ID102304 -9084; 1 02304 -9080; 734060 -0602 SUBORDINATION, NON STURBANCE AND ATTORNMENT AGREEMENT ge-00-0/40-30 THIS SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT ( "Agreement ") is made and entered into as of the 25th day of August, 2003 by and between INTERNATIONAL GATEWAY EAST III LLC, a Washington limited liability company ( "Landlord "), WASHINGTON CAPITAL JOINT MASTER TRUST MORTGAGE INCOME FUND , that has executed this Agreement below as lender ( "Lender") and THE UNITED STATES OF AMERICA, acting by and through the General Services Administration ( "Lessee "). WITNESSETH: WHEREAS, Lender intends to fund a commercial mortgage loan (the "Loan") to the Landlord secured by a mortgage or deed of trust (the "Mortgage ") on the land described on Exhibit "A" together with present or future improvements (the "Real Property"), and WHEREAS, the Landlord has demised to the Lessee a leasehold interest under that certain U.S Government Lease for Real Property (Lease No GS -10B -06463 for Building No. WA7878ZZ) dated as of May 30, 2003 (together with all amendments, options, extensions, and renewals, the "Lease "), and WHEREAS, as a condition of the Loan's funding, Landlord will assign its interest m the Lease to Lender as part of Lender's security, and WHEREAS, Lessee desires to enter into this Agreement in order to benefit from the promises by Lender that are set forth in this Agreement, NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein contained, the parties agree as follows. SNDA - GSA Form 1 • • 2UU3Utf'LtSUU2t1 35.002 1. Subordination. In accordance with Paragraph 4 of the General Clauses of the Lease (48 C.F R. 552.270 -34), the Lessee acknowledges that the Lease is subordinate to the lien of Lender on the Real Property; the Lender likewise acknowledges that such subordination shall not operate to affect adversely any nghts of the Government under the Lease. 2. Attornment If the Lender forecloses on the Loan or acquires title to the Real Property by deed in lieu of foreclosure, or in any other manner succeeds to the interest of the Lessor under the Lease, or if the Lender shall take possession of the Leased Premises, the Lessee shall attom to the Lender as its Landlord under all of the terms, covenants, and conditions of the Lease for the balance of the term thereof remaining and any extensions thereof which may be effected in accordance with any option therefore as set forth in the Lease, with the same force and effect as if the Lender were the Lessor under the Lease Such attomment shall be effective and self - operative immediately upon the Lender's succeeding to the interest of the Lessor, whereupon the Lessee shall recognize the Lender, or any person claiming by through or under the Lender (immediate or remote), as the lessor under the Lease without execution of any further instruments on the part of any of the parties hereto The Lease shall at all times continue in full force and effect, and the respective rights and obligations of the Lessee and the Lender upon such attornment shall be governed by the Lease. However, the Lessee agrees to execute, acknowledge, and or deliver to Lender any certificate or other instrument that Lender reasonably requests to confirm such attornment Likewise, the Lender agrees to execute a Novation Agreement in the form required by FAR Part 42.12 3 Nondisturbance So long as no default by the Lessee has occurred and is continuing, which default under the terms of the Lease would give the Landlord (or the Lender as successor in interest to the Lease) the right to terminate the Lease, Lender will not disturb the Lessee's quiet enjoyment or possession of the demised premises. 4. Assignment of Rental Stream In accordance with Paragraph 25 of the General Clauses of the Lease (48 C.F.R 52.232 -23) the Lessor may assign its nght to be paid to the Lender. Following such assignment, to be made in accordance with the Assignment of Claims Act, as amended, 31 USC 3727, and following the execution of a Supplemental Lease Agreement changing the named Payee in the Lease, the Lessee shall pay all rent and all additional rent to the Lender. Such assignment shall not be deemed to (a) cause the Lender to succeed to or to assume any obligations or responsibilities as the landlord under the Lease, all of which shall continue to be performed and discharged solely by the Landlord, or (b) relieve Landlord of any obligations under the Lease Lessee's compliance with the assignment of rent shall not be deemed to violate the Lease, and Landlord hereby agrees that Lessee shall be entitled to full credit under the Lease for any Rent paid to Lender under an assignment of claims to the same extent as if such Rent were paid directly to the Landlord Landlord shall look solely to the Lender with respect to any claims Landlord may have on account of an incorrect or wrongful assignment of claims payment SNDA - GSA Form 2 • • LUUSUOLiSUU'L2i3b.UU3 5. Advanced Payments No prepayment of rent or additional rent due under the Lease of more than one month in advance shall be made by the Lessee to any party. Modification; Waiver, Successors and Assigns No provision of this Agreement may be modified, waived or terminated except m accordance with a wntten instrument executed by the party against whom enforcement of such modification, waiver or termination is sought This Agreement shall be binding on, and shall inure to the benefit of, the parties' successors and assigns. IN WITNESS WHEREOF, each of the undersigned have caused its duly authorized representative to execute this Subordination, Nondisturbance, and Attornment Agreement as of the date first written above. SNDA - GSA Form "LANDLORD" INTERNATIONAL GATEWAY EAST III LLC, a Washington limited liability company By. Sabey Corporation, a Washington corporation Manager By. 4 Na. _1avYkeb ►J Tit1= t"ir-0 "LESSEE" THE UNITED STATES OF AMERICA, By and Thr . gh he neral Service Administration By. Name. Title 3 • • "LENDER" WASHINGTON CAPITAL JOINT MASTER TRUST GAGE INCOME FUND By: SNDA • GSA Form ,0Q Ernest L. Jahncke Fund Manager LUV3UOL000L040.UU4 Landlord's Acknowledgement. STATE OF WASHINGTON COUNTY OF KING ) ) ss ) • hVV. UOhOVV OJa.uu3 I certify that I know or have satisfactory evidence that .Sruyw 3 tv _ 1.6 rmp,r\ is the person who appeared before me, and said person acknowledged that he /she signed this mstrtunent, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Imo' 0 of Sabey Corporation, Manager of INTERNATIONAL GATEWAY EAST III LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument DATED eP/i'?oV0_3 BETH L RHEINSCHMIDT STATE OF WASHINGTON NOTARY-.- PUBLIC MY COMMISSION EXPIRES 5-03-05 (Insert notary seal here) SNDA - GSA Form (Signature of Notary Public) gem L. 164 V\ CYVmi Ca (Pnnted Name of Notary Public) My Appointment expires5 /03 105 5 Lessee's Acknowledgement: STATE OF WASHINGTON ) COUNTY OF KING ) ss. ) • ZVU. UO OVU O.3o.Uuo I certify that I know or have satisfactory evidence that tau / Dri 1i IC, is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Corifrarhn y OffiCU- of the GENERAL SERVICES ADMINISTRATION, which executed on behalf of the UNITED STATES OF AMERICA, , to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: Alust 2S , 2003 PATRICIA A SEWELL STATE OF WASHINGTON NOTARY - -- PUBLIC MY COMMISSION EXPIRES4 -21 -07 (Insert notary seal here) SNDA - GSA Form (Signature of Notary Pub Pat} -i/a, 4 . Sew€ / 1 (Printed Name of Notary Public) My Appointment expires 4/2//2.07 V 6 • • Lender's Acknowledgement: STATE OF WASHINGTON ss. COUNTY OF KING LUU3Ut:VZOUV S:Sb.UU7 I certify that I know or have satisfactory evidence that E' L f.9 ?i NO K E is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the FUND MANAGER of WASHINGTON CAPITAL JOINT MASTER TRUST MORTGAGE FUND, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED 3 CYNTHIA THOMAS STATE OF WASHINGTON NOTARY-- PUBLIC IY COMMISSION EXPIRES 11 -20 -04 (Insert notary seal here) SNDA - GSA Form (Sign Lure of Notary Public) C.<( (J-'(A ,1 1N-D1414S (Printed Name of Notary Public) My Appointment expires / / -1 O -OY 7 EXHIBIT A Property Description PARCEL A: • LOT 8, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. BLA L02 -057, RECORDED UNDER KING COUNTY RECORDING NU 20030327900002; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON PARCEL B. 20030828002835.001 LOTS 6 AND 7, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO BLA L03- 034, RECORDED UNDER KING COUNTY RECORDING NO 20030725900003, SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: NON - EXCLUSIVE EASEMENTS FOR CONDUIT FACILITIES AND ACCESS, PARKING AND DRAINAGE AS ESTABLISHED BY AGREEMENTS RECORDED UNDER KING COUNTY RECORDING NUMBERS 20010809001066 AND 20030523002434. SNDA - GSA Form A -1 SP-1 ead u . diAr- QOM 3A1333a s4.1GC 1293.64 ufie-a -ace - See-Op -, 02.06 S 126TH ST „,_,. sommum, orimmes,, nounisa Arimmin Err Amium wir 47. / .7/ t ainliMANIIIM WM Milipliarril IMITAINIMI 128114. ST cwaw...�;:.�•.••�•••^ n5Ka..» e.s. 1674 NORTH f./A I: 50 '100 .200 SCALE 1' . 100' SUBJECT PROPERTY INDUSTRIAL COMMERCIAL RETAIL BUILDING MULTI-FAIRLY - RESIDENTIAL SINGLE FAMILY .RESIDENTIAL VACANT — UNDEVELOPED LAND 1000 FOOT-RADIUS LINE AROUND SUBJECT PROPERTY FOR EXISTING LAND USE DESIGNATION. RECENED 'DEC 31 1003 ca'a4gigkr . Z W a W 0 Ili .0) W DZ 0 WQ W. p 0 w 0 c Z Q. 0 z COO W0 00 IIO CQ Q t L,u w CD z Z Oa 00 CL 00 H 1— LL 0 R • • E A g A • rg 3 W • REVISIONS: APPD. i DATE: DEC 30. 2003 DESIGN:. DLDE DRAWN: 10.111 cHSCH ®: REVISION NUMBER: SCAIZ:1 ".100' PROJECT NUMBER DASC0000-0025 DRAWING FILE Dme0O25MUt.drg SHEEP NO. OF 1 1 Immigration and Naturalization Service a, Washington JANUARY 30, 2002 RECEIVED • CITY OF TUKWILA FEB - 7 2003 PERMIT CENTER PROJECT T E A 133 STATISTICS OR EM GROSS MCA .M FLOOR 33.510 I/. . 380 ROOT 33.560 5. 7500 ROOM 37.05 SI. .00IPO 4(601 35.606 55. (TOTAL Ml�wl Sr,) PWU60 LIKL 1 0 34169 55. PALMP4 LEWD. 150 34160 55. PYRMG LEWD. T4[[ 36,153 S.I. BUILDING CODE DATA: (=POKY lAOIPC 0. 5 -3. 5-3. F-T. 0 -1 OCgpWT L05S: 5 1 /104 S -3 1/700. r -1 1/704 5-1 1/500 OCai•KT S[PMIIOMY 0. F-4, S -1 5 S -) 454 4 S) r w M . DOD f1 1-43 L r 0 1 #. COI T11I: I'•[ 1 AL REILE M 40 11157161602 19d lldOpO ALLOMeIE AREAL IICI•RO RAMER Or S101KS ALLO•@ I6ll•1m (01[0650 KURD lain: 2- TOUR UM 111150 5' DOI LOT LK [008011 MOM 6(400 .0LL' MOM WED Otl*116 TON .0' - I.0 ROM 86661 COM Ina 3-14 0050850 8011 RAR•PO MIS: 1 -I41. STRUCTURE IRRIG ( 50.4•86 MO WA TILLS )I 3-50. DOOR STRICTURE : 2 -141. ROOF S)RICIURE: 7 -ALL EXTEREN OPI WAGS PROTECTED LESS TOM 20' 5100415: 2 -1•L 8011010 5PRARp6. , MR *TM SPAf•cU (W1 0005405, 7 -160. [AO S1.tl1 (0.09MJES : 2-.1. ZONING CODE DATA: 20.04: IK/l_ C/U. TOR SETBAOT NE ORESEW13: MOMT M M. 90E PONE S. 50[ WPC RIM MOM( UPOSCA*40 ROUw[KM1: 150001 5' • MC/L. 13' • CAT 0. 5OL MOO 1. Se* 65 • 2/43 KM NOW RAZOR KOII: • STORKS PARDO RATIOS 05000500 REMOLD MCC 30 TARS PIM 1000 Sr NET *0402 AREA VISITOR 150010 080•400 . •06 STALLS FOT 5541085 (WOK( MACRO PROLCED 213 STALLS 1.06080 SPACES 2 PRROm OW SMCE AI 1011301 A O OK SPRCI AI I21563 • DMA SPACES: 2 SPACES FOR FROM 50 T 00060 0330010 STALLS 503 /5052. 16 SPACES INDEX TO THE DRAWINGS • 3.6.Ow Sl. PMMRO PROM= (400415 PA5RR0 R) 011500E - 57 STALLS (55 ST7.10ARD. 2 ...Cyan) LEVEL BIRJEO.S 6-4 - 70 STALLS 65 ST•.OYO, 6 CC OW% 2 M.C.) LOAL P -2 - 63 STALLS 35 SW OP.% • (Ow.R, 2 we.. LEWD. P -3 - 67 STALLS M ST4OVO. 76 COVKT. 2 KG) ELPSOI[E PARA•G (5) TPA. - 203 STALLS (235 $150350). 60 COIiKT. 5 M.C. 2 MG YAM) PUR2C ►16060 (P) SvIACE - 04 STALLS (03 5TM0wD. 3 1:.c.. 5 KG WM) PMMPG STRUCTURE IY9(6 LEWD. - 15 5104.5 (445 5T,/OARD. 33 COWKT) LOITER iron - 156 STALLS (126 S*MD.NO. 30 COV PUQ)C 0500210 (P) TOR. - 000 STALLS (333 514.4CMO, 63 COIPACI, 3 RC.. 5 R.C. 666) PROJECT TOR. - 666 STALLS (560 STA RDN4 103 COIPACI, 9 14.2., 7 R.C. RID SITE MU 43.154 KITES Q A -0 COALS 51(51 111.1 WE PAL. AI.2 WTI P)AM AI.3 WIC RIP AL. PR Ran 50.5 WE SCARE ORALS A21 IRST RO50 RAM A22 =WO FIDOI PUP TWAT FLOOR A2 • FFO1RR ROOT Plia 475 PMR•.0 URI KM A2 6 P -2 PALRNG LEWD. RAM 7.7 7 P -3 MACRO LEVEL RAN Al 0 ROOF RAM N 11 PIRG cwt.( Km • CLIV. All EATEROR EIEwnOMS 50.1 WU:RC SECTOR .2 ARONO SECTORS C -I 1OG10M IPP C -7 8000 SEAR TAP C -3 TAM PARR I M C -. E651N° (°MO"O"S RAM C -5 PRELARRARP 0100 RAM C -6 PNELAM+ART OYOxO RM C -7 5400.01E YTLdy RM C -6 t01VO915 17TUIT RJR LT 01 UwE SCAPE PLM 11.07 LANITS AK POP LT 05 PLAZA (85000800 110. UP03(yE $0.50051 APO *105 12.01 WE SECTOR 12.02 505 0C166N3 SITE g • ^ ' n . S• 126 6 n " Developer s Architect: Civil ►.•(IRRen: Landscape Architecture:`' Ssb,y Carp/num IAnm Studio A Aoadoes IYVie 1040. and A4*04.5 7. b1L Weisman Design Omu5 12201 TYkriM Immutiml DILA 130 triode • 200.1620 W. Moine Viso Drive 2329 FAR Madison Sum S*Ole• WA 96150.3121 5,04,. WA 01122 (vom. WA 9A701 Safi , WA 91112 Td: 2062614710 Td: 206323.2331 Id: 023.23940+9 Td: 206322.1712 F.0: 20.261.1920 Fax 2063250330 far 423430.3230 F0:206122.1799 y1 - N VAT WP (VVVL �2 G• MY•LL•P •••6011/•• CORPORATION IMMIGRATION AND NATURALIZATION SERVICE SEATTLE DISTRICT OFFICE 12500 TUKWIU INTERNATIONAL BLVD. SEATTLE. WASHINGTON �jP!; };�2 Ica.,+'"'''�1 a -� COVER SHEET A�0 + • • • 120 1ARCr6[ • SLlril..A 11411 52 • 2011 324 VMS 12- -T6-02 ND Isslc as a. 1:91( bLR 51-IEET A14 SHEET 413 . e....02 ....0_4_, .4.....„.„.. ,... 0 ... il,.. tl C) ..R..f. 1...4 ... ',..:...... i am.... 1111.,._. "N?_.?..irw.4, Wu. . ... • 4 "--=: --- -- ---;,-------,...4— • • •••—• ; I *— • +—;—....:=....41: L . 'I'L2IL_ItZ11 Ifi km Ir.:. - - _ ...-..... a 11111WMIE jar— =Cr : • ;4. 1 : 1.101404 SITE PLAN r • ow -6,- 0 IV 61 IA to' s'• LANCII MO LLLLL A .1622 0 CI•1211 L/./N 130 1.00 121X • 22.4M.2. 124 114422 • 000 120 222.2 sidiEy CORPORATION • IMMIGRATION AND NATURALIZATION SERVICE SEATTLE DISTRICT CFFICE I200 TEQUILA INTEIQNATICNAL BLVD. WATTLE. U.1.4514INGTON tttll _ :;74: SITE PLAN ..1., A1 1 . --. NA.. Mt ....... co. o.n.o.* .., *SS DAM I•2 4444* 10■111 _ e• ..uaLu. •••mAT•• 410 LYC[12P[ • •[ATRt. VIA 04111 • 204 325 1553 S`BEY CORPORATION .14 AA IMMIGRATION AND NATURALIZATION SERVICE SEATTLE DISTRICT OFFICE I2500 TWUILA INTERNATIONAL BLVD. SEATTLE. U14SIRNGTON SITE PLAN an` " .... 2 s•. Beer- ...w. PAD Mf Dm nn Ian DA/[ SCSI Al .2 BUILDING 21_03 1 1: 1 l; 1 BUILc • • '✓ `�.1•; - 4.:1:.0 —, \-' ";- _-74.---:. . ----",4----,..- - --- .. -1 . 4 p....... ..-1.,,. T /, .. �. \\ ue• �\ y :,'al I os • -y __________ - ••A - — - —9 —i- - —t- — SITE PLAN s or or 1_.1111 IMMIGRATION AND NATURALIZATION SERVICE SEATTLE DISTRICT OFFICE I7SO0 1UQIJLA P17ERNATICNAL OLW. SEATTLE. WASNINGTC!! '� .o'.o: SITE PLAN "" A 3 _ L.•�• YU•«•• • ••••� •�•• CC--T F ►.J1iJiJy CORPORATION ,� •. i. ' E v. 0 ►p +•a ttra OATS •D. uu wn • • .b wn = • SCAM& WA NI 33 • 106 316 tDOi SITE PLAN r • o a e .. .. .. . �• • . oc•' S�BEY CORPORATION IMMIGRATION AND NATURALIZATION SERVICE SEATTLE DISTRICT RNATI 175Om itJQ LA WTEI@IATIONAL MVO. SEATTLE. WAbIINGTON ISJ.aI! a.� SITE PLAN �•T A 1. A A T ate. in �`. �' 130 •.tLO[ • 11133111. N. 00133 • 200 32s nu a -u•If •ID MR DAM 1CI. �>t _ DAM •i• of, o0 1001... — •••• oroon.V.or,.10 or, Department of / Immigration an Naturalization Service TINA TakIdla Ismrastioad Blvd. son. sob moLvolui ro.0 — Ism COV•0,.. (0.09 MO •• OA oni. on■ Ono Pool 0. L 1 PROJECT SIGN Mgr Entry Parking Garage Aram \._ orowoo Po. .. Employee • 1, Parking Oalys A A PARKINGGARACE ACCESS EMPLOYEE PARKING Employee tistry Service Vrisicia Eery V—Ti r..1= ;\\\ nub 1.0eni MIS •■•••11 Public fairy ..: ir Pasitag Garage _. Accra. ••• ?.• 41-• 1.111.1.1..0100 tril1041.1 I& • II/CM rie■ IMS .0■••• 0k.#1— •o• mos roo. Bus Aram Oa PUBLIC ENTRY SIGN Parkhig Garage Estry,4 Ur 1- .41IK •--- WO LAI .1. ■••In, Y.'S= UK, - ISIATNG KUM 1..1111) • - - BUS ACCESS PARKING GARAGE PRIVATE DRIVE 1,10e. LLLLL • •••OCIATE• != •\*/N./•• 130 L•al.3101. . Yi• .1620 • 70• J25 7,S3 I SA13EY CORPORATION IMMIGRATION AND NATURALIZATION SERVICE SEATTLE DISTRICT OFFICE 12500 TLXIIJIL4 NTERNATIONAL SEATTLE, WASHINGTON SITE SIGNAGE • SMELT ..... , ; • : A1.5 ..... d... NORTH D•Vex E VN1] = ASSOCUxE]. ]t ce route. s •.] .rc. SeBEY CORPORATION IMMIGRATION AND NATURALIZATION SERVICE SEATTLE DISTRICT OFFICE 12500 TUKWILA INTERNATIONAL BLVD. SEATTLE. WASHINGTON __ LOCATION MAP ]Fcu / ^- l 1 VVV w, = v...,__ -_ u xo u•E Spur • zE.l1u..• ve1xx • ras 175 xaaa no rswE 1E No nwE 13030 •■•• 5 a „ ■ ■ ••- •• ., LEGEND I= :',72,5•`-•-•'......."..... - Er-r:•24-1-74 ... • LT: !=.=-.7.= .. ......-- ==:-..-...---.= .......,......._ En KM --. --•:•• .L.--.- I ■ wow may ..... V 411 I I I I I I Lik PROJECT SITE 4 4 4 i Allil c., Of TINIZAN 1 . . nll 1 `i pi. I I, 1 4 Y • -. II•••• —■ 41 THIS AREA IS SHOWN ON MAP NUMBER 53533C0551 __ ....-._.. .— -- 177, Lag. WO. ar• 103 t2/ • JOS 3.75 1551 00 'suf. 00IC NO I' 111=1111 MOE 7.. a 11 .. -.. r.-- --• ---a: '.1• ... .-- ............... :::,--.==...-..-: ...._=,.....,..... ......._ •".•••==.7.--:::::-• :.=====...--• • i 111611 inilli /1=111 1 IMMO I MEM MT or LAT. Wall 1 ----■11111:7 - ilre..4U!.., . NM.....-.......... NMI ' ILONA RIO NORM NOM \ - MIS AREA IS SHOWN ON MAP NUMBER 53033C0959 F I RJA t.I RIM KSIN.UPA UR 1111 . =NO OOLINIT, WARNINGTON AND INCOSPOPATDD ARIAS CI-NNtleISTD ... -.................-.. =a a...a ... • --.7'..-.'... - - - 7,- -:- i RV MOO MOM I (f,Yi• 7.,-...., .........-- •••• • •••••■ ■ -a, 4, CI ‘4' 1111 '' .._ .... AN:A. ■ a IV 0 FR r I-1 DAVI° VAN, ANO ANSOCIAIET NC ;Tr., a•Nao LANCII MY LLLLL a AS•OCIA/a• sABEy CORPORATION IMMIGRATION S EAATNTLD E DNISATRTICUT ROFAFICLE ZATION SERVICE 12500 TUKWILA INTERNATIONAL BLVD SEAT TLE. WASHINGTON ..... FLOOD PLAIN MAP NNE, C2 -. II•••• 177, Lag. WO. ar• 103 t2/ • JOS 3.75 1551 00 'suf. 00IC NO MUSE MOE ;X 11! 7.077"" 11. OB L E." -r" 0.1,12.!:.:01131t0 ASS.00.1 S. 00C LANCE YU LLLLL • All•OGIAT.• .... /N/N/N S A BEy , CORPORATION IMMIGRATION AND NATURALIZATION SERVICE SEATTLE DISTRICT OFFICE IMOD TUKWILA IN I ERNAI IONAL BLVD SEATTLE, WASHINGTON _ .. .. TAX PARCEL MAP 3.4.1 C 3 ■ I. . .. ,...., — ....„.... ___ —._ . __ No 15501 ____ MIL NO 1.70 1.01"....A • ..• Ill, W.% 001 t t • 200 3 / 5 7553 MIA' WOE c) F211- I—I : .• I • ' • \ • . , .1 • • c, ,,ov■ ■\\ \11 ; \_ OVA° EVANS Mb AS.:7,..IATE S. NC Au. L•TICE WY LLLLL A •11110CIATE• LYN./N./.■ I AO LAA I. IAA %AIM... W• NT I 22 • ZOO 325. 2553 ; sAtBEy CORPORATION IMMIGRATION AND NATURALIZATION SERVICE SEATTLE DISTRICT OFFICE 1,7500 TUKWILA INTERNATIONAL BLVD. SEATTLE. WASHINGTON , .„ , ttt,.., : I 4.4 .1. . ,....., „,, . ..... EXISTING CONDITIONS PLAN YEE, _ `.■ _... KAP A a LTAAIL, ."•'" NO DUPE DATE r NO ISSUE DATE EARIFIWOKK OUNI MIES • • , . I • . • • - ".• • rir 7 NI 0 FR. 11 34th 4, - s —.. _ • : - ----._ 1 ) __J.' • EL _J• TUKWILA INTERNATIONAL BLVD POMO MIO OSSOLIAlf .14C 1,14C E MY LLLLL a ••110CI•Te• i__/■./N/N 1 so LLLLL • .••••. .• V•I // .6 3/5 "SS sABEy ; C 0 RPORAT1ON IMMIGRATION AND NATURALIZATION SERVICE SEATTLE DISTRICT OFFICE 12500 TUKWILA INTERNATIONAL BLVD SEATTLE. WASHINGTON x .._ ,...., PRELIMINARY GRADING PLAN LEE I C5 Strdi_lat .1./JINL_ 14113. 1/.1161-, '''''' MI ISSUF DOM ""`° ""°""" 2111" "'T"• `i[.,w• SABEY CORPORATION IMMIGRATION AND NATURALIZATION SERVICE SEATTLE DISTRICT OFFICE 12500 TUKWILA INTERNATIONAL BLVD. SEATTLE. WASHINGTON PRELIMINARY GRADING PLAN SMUT C6 ^� ao LAKESIDE • s[•a see z: 206 325 x »a I" mo ISSUE o•1[ NO Hart war [.� ..�... �{ • r•- ,„„-,74„ .1 • .1 i • / • '.• 0 • ..•.••• :•••••••--- ' 1 NM, ,• • ' --"-• •. 1 IV CD F2 -r I-1 34th AVEAste 8 _ tA • .71 __D TUKWILA ENTERNATIONAL BLVD ; • OAVIO EVANS ANO ASSCOAtES. EC WPM ...WPM MM. LANCE IN A A••OCIATE• I i sIBEy CORPORATION IMMIGRATION AND NATURALIZATION SERV ICE SEATTLE DISTRICT OFFICE 12500 TUKWILA INTERNATIONAL BL VD. SEATTLE. WASHINGTON .,• .• l'A. ' r.,.., orr• ...- COMPOSITE UTILITY PLAN _ SHEET C 7 =.1%1111:-1"°—le—r, Al .......... i 30 AARE SiOE • SE•2 %E. Alt 90122 • 205 325 2553 '''''' NO ISSUE DATE NO ISSUE DATE B . , .. _:....2 N CD RT I-1 Lt ® C TUI5.WLA INTERNATIONAL. BLVD DAVID EVANS MD ASSOCIAIES AKIRA `•" °° " "• "`" "' ° °'•' °' ���� CORPORATION IMMIGRATION AND NATURALIZATION SERVICE SEATTLE DISTRICT OFFICE SEATTLE. LE. WIAS INTERNATIONAL BLVD. SEATTLE. 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',;=9.1P ■■,.1041% . 1, ii4,rilet ■..: 0■00,J. 0.00, 1.0.0 040 1507707 0 0, A DECIDUOUS TREE PLANTING • , Ati 1401 CONIFEROUS TREE PLANTING IRUB PLANTING !3.797:J.,717,----1 (-94.---- ......,,..,--- • ; 0-0. l''' ellelliasii , 0 ek CM allaikS0 414.0■11111E410.0 ■■•• .4 IlikireririgiVek• Ogee (:0 MCIDUOUS TREE PLANTING ON A SLOPE „ • .....-........... j•.• r. If•PAK.9,491, C.0 7040 D. („K)_ CONIFEROUS TREE PLANTING ON A SLOPE ' - - - - — It .' ' ' • ' - :A.....1=f 9,909ERT9 SEE, SOS,SUD to (130 Acre, ti:-.k...'"e. , '‘,4, ' CAKOS• COvERAC•E REauliEr, me+ Y • .9'1 ..-- '42:•;.4.1:,..' " ".` 17.040.7, .09ERASE 999CPOSEC =I == =UV ::::::::= • "'"' F9,991 TREES 62NS 7A am pROPOSED NEW TWEED ',SI • SL‘S• / • ES:66 es Tor:4., isi,s, 59 r27,1 TREE PLANTING IN PLANTER ()__SHRUB PLAN TING IN PLANTER IEEE CANOPY COOERA/AE 0 - n? - NCSAILSEME1911,S •••••■• • ••••■•■991.9■99••• •■•••••••99. • • .9•• 9••■• ••••••. ••••■•••••••••••••• •••■••••••• 99,99.0SESI O ......... ::. re.=.--.. • ...... 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NE, N.s,ae. tI0 ,910 COVER AREAS AKE 10 naL0.40 Vila 91901-4/1 r PEPIN SFECKIED SE:LC.4 • rem .9139.LJL .connsa •4•9993•9 ...t,T1t AINE• (1) .GENERATOR SCREEN WALL ft-IMIG.R4TION 4ND N4.TUR4LIZ4TION SE/ICE .S.E..,TLE TliKJ:iii I NT E O_ JD. SE =:r E RECEIVED CITY OF TUKwili■ JAN 3 1 2003 ••••••■•• wisely ...9.4=9-99.• KA. •wina•nue 0 WelECLI0 lOnctSCOpe SLIISCIAS ••■ ••■••19.••• 0. PE-R4101 TER cp=11.11•Inind (. I:ET= AIM FMK. C. 9 WEISMAN DESIGN CROUP: VANCE MCIINCIN 171091•110•1111.11 YU SMILE. NISLISIDUNKRLDISI9 1•11•9111109991i. 1 i LANDSCAPE SCHEDULE AND DETAILS . • . I JA-EL KC • SSLE L1.04 • / ;- , . ; I I ; - 1 • • , , ...Er .23 6FEC. ..1.19.4 I ; •11 ; • • "‘s • „ • "To se -, ;F4; - - • Lo az. O ....ate., • 1411•11.0) .• • .4- • ; ••• • - P•" • ^ • • - • • • • . • • .7.• 51EL: L.1 L.1 L.115 0. oaruae,aak. 3••• "1.61,0 *V ."13. • .;FIP ■`‘."'' • '1.'1'. a- -..1".•et••••V••:...6; .. .. • -4.,•••es.•••0115 , • . • , , • - . . . 0 -0 ._-• - • • - • - _ • - • - -ruKirijOirrERN Al'c'" - . _ . . - _ • -„- ........ I - : : - • • - — - - 7 - - . . - , ,„. - . •"' ; ; , , ; !„.j ; ------ • • ' t ' n I 1 • • •-•,==-1- n 1 - L • • • L a IS YY 6a NORM SCALE r- 37-Ct LA••• 11111•LL•• • A••01• L.Z.N/N/N • • • II • I • 130 1./.15101 • 5C•ILLI. Ve• 22 • 101 .5 .13 SABEY CORPORATION IMMICIR4-flON 4tiD N4TLIFR4LIZ4T!ON SE.RV■C:E. 5E+77LE C..5TRiC., O.F■LE .25C0 "NTERN.:,-,C,44L GELT7, KIWI DESIGN CROUP: UNSCNNICITECNIE IN:1•111•1131•11 111111•31•11•11•11 1.11111.31.4117. !MAIM OMNI •1•1•103011 LANDSCAPE PLAN _i__ - -7- _...r._ 1— ... • ..,—'..., ''.',...'"--.: ',14;,...27=,„.<,",- --,-,-.. : :::•:.-_-_7_:7.1.-..-_-=-_-_-.-..._:... 5.EE, L1.02 EXISTING ZONE MIC/L EXISTING ZONE(1.1 LDR)//:;, EXISTING ZONE C/LI EXISTING ZONE \ MDR 1- D 0 (i) w z w - - D EXISTING ZONE LDR 1- I 1 1 11 11_ 120 D4111251 _L SOUTH 126TH STREET a NJ C:) F2 --r 0 :5 30 60 RECE!VEt 1DEC 31 'Mu EXISIMG GRADE 1. 2 26 2 .40 1420 SECTION A—A sc"1:1?g,V70. 2 40 .00 SABEY CORPORATION LiJ Z Z <0 N CI_ al LU >0 (7) Z 0 Z < jLUI- IZ L1J LIJ CC 2 CL 0 2 Z ow 0 2 ego-eir-e, REVISIONS: APPD DATE: DECEMBER 20C DESIGN: DRAWN: CHECKED: REVISION NUMBER: SCALE: I"=30' PROJECT NUMBER: DASC00000025 DRAWING FILE: SHEET NO. 1 of 3 r I1IIIII11IIw 0' 10' 20' 40' 60' iIIIIIIrINP Illllillilillllllllllllllllll !iiimum1 NORTH SCALE 1'= 20' -0' L 1111111111111111111111111111 Landscape Schedule SYMBOL SCIENTIFIC NAME COMMON NAME DECIDUOUS TREES Zelkova serrate 'Village Green' Saw/eat Za/kova Corns kousa OR Pyrua oalleryana ' ArUtocrat' EVERGREEN TREES Kouse Dogwood Aristocrat Pear Pins niers OR Pins contorts SHRUBS Austrian Black P /ne Shore Pine Arbutus unedo 'compacta' Cletus purpureus Cornus mas Corns stolonirera 'Kelsey!' Cornus stolonlrera 'Isantl' Cotoneaster lacteus Euonymus elate 'Compacts' Mahania aquIrollum Myrlca calirornlca Nandina d.'Compacta' Prunus lusitanlca Pieris 'Forest Flame' Splrea nipponica 'Snoumound' viburnum plIcatum tomentosum Viburnum tins 'Spring Bouquet' viburnum davldn GROUNDCOVERS Compact Strawberry Bush Rockrose Carnelian Cherry Red T /g Dogwood Red rw /g Dogwood Parney Cotoneaster Burning Bush Oregon Grape Pacific Wax nyrtle Neaven /y Bamboo Portugal Laurel Forest Flame P/eris Snotonound Spires Doub/erile viburnum Sprig Bouquet viburnum David viburnum Rubus calycinoides Bramble 7 J 0 t 0 ,n 0 =• m 0 IS— Hi d) ,, W ll! _, VII II sheet 1 1.1.]/q�J� 01 7 J 1 11 11 1 1 1 1 i 1 1 1 1 1 1 EXISTING ZONE M I C/L L - -- EXISTING C /LI. I \ ROMTJNE AT THICKENED EDGE I\ I 1 9s \ I \ N y I \ A EXISTING ZONE \ /u sue' \ z \o I \ \ \ p EXISTING ZONE \ MDR \ I' 1_,J) III r- SOUTH 126TH STREET 1 34TH AVENUE SOUTH EXISTING ZONE LDR LEGAL DESCRIPTION LOTS 1, 2 AND 3 IN BLOCK 12 Cr RIVERTON *DOIOCN, AS PER PLAT RECORDED IN VOLUME 13 Cr PLATS. PAGE 36. RECORDS Cr KING COUNTY AUDITOR: (ALSO BEING KNOW AS LOT C Cr BOUNDARY UNE ADJUSTMENT N0. 89 -6 8LA RECORDED UNDER KING COUNTY RECORDING N0. 89081612601 ALSO BEING KNOMN AS A PORTION OF LOT 8. 008 OF TUKMILA BOUNDARY LINE ADJUSTMENT N0. BLA L03 -038. RECORDED UNDER KING COUNTY P.ECCRDING N0. 20030725900003.) D NORTH 13 30 60 SABEY CORPORATION BOUNDARY AND TOPOGRAPHIC SURVEY Z W J Z ui >� ZZ W < 2 � W Z o_ W Oz Uw 52 Q REVISIONS: APPD DATE: DECEMBER 20C DESIGN: DRAWN: CHECKED: REVISION NUMBER: SCALE: 1' =30' PROJECT NUMBER: DASC00000025 DRAWING FILE: SHEET NO. 3 OF 3