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Permit L06-068 - DECKER BRAD - SC5 RETAIL BUILDING / SPECIAL PERMISSION COVENANT PARKING
SC5 RETAIL BUILDING BRAD DECKER 17305 SOUTHCENTER PY L06-068 Chy O, f Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director December 4, 2005 NOTICE OF DECISION TO: Brad Decker, Applicant/Owner King County Assessor, Accounting Division Washington State Department of Ecology This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L06-068 Special Permission Director for Covenant Parking Applicant: Brad Decker, Decker Development Project Description: Approval of a covenant parking agreement to provide off-site parking spaces for the new SC -5 26,000 square foot retail building. Associated. Files: L06-067 Design Review E06-018 SEPA Environmental Checklist Location: 17305 Southcenter Parkway Comprehensive Plan DesignatioiVZoning District: Tukwila Urban Center and Low Density Residential II. DECISION SEPA Determination: The City SEPA Responsible Official has previously determined that the project, as proposed, does not create a probable significant environmental impact and issued a Determination of Non - Significance (DNS). Decision on Substantive Permit: The Community Development Director has determined that the application for a covenant parking agreement complies with applicable City and state code requirements and has approved that application, subject to the following conditions based on the findings and conclusions contained in the staff report. 1) Internal information signs shall be installed in accordance with the Tukwila Sign Code to inform SC -5 customers of the availability of the off-site parking area. Q:\SC 5\NODCovPark.doc = 1 = 12/01/2006 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206-431-3665 • 0 2) No mix of tenants with parking requirements higher than that currently proposed (such as restaurants) shall be allowed to locate in the SC -5 building. III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. No administrative appeal of a DNS or an EIS is permitted. One administrative appeal to the City Council of the Decision on the Permit itself is permitted. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the City Council decision. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this Decision, that is by December 18, 2006. The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision, including any specific challenge to an MDNS. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. V. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the City Council based on the testimony and documentary evidence presented at the open record hearing. The City Council decision on the appeal is the City's final decision. Any party wishing to challenge the City Council decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the City Council decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. The City's decision to issue a DNS, an MDNS or an EIS is final for this permit and any other pending permit applications for the development of the subject property. Q:\SC5\NODCovPark.doc - 2 - 12/01/2006 VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Nora Gierloff, who may be contacted at 206-433-7141for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. • c,, Steve Lancaster Department of Community Development City of Tukwila Q:\SC5\NODCovPark.doc - 3 - 12/01/2006 PROJECT TEAM sue (00. ('2 1131x0 • 4 3 UL *1 A3 10413 00 CM. CFOn E.1164N.9RITm .61 u 33101 (29) 543-4904 1290) 54-4952 W.I. SR.4 01077m1 Nt 32617)3: 006 ...71.141 • 04716413 IA N.ME�n 33)22 (00) .325-243 (249) 32140534 FAX 0670x0 8013 Rtes 07171 124144.41.4444 ON 0034(1 NIT 012731004 NRam 3)401. 0v2. .s 2 (425) 411-437 1171) 415-7111 CO x70 O. 46701381 13610 ••••4180cenkaA4 0.04 N. Rn..4 46500463 0 SA NO 1.2 vxLLY. K 93330 (4 23) 41-427 0101.111 0E300E 9x71 445.4441444.444 LEGAL DESCRIPTION 144 10.3041024 1 TP)*.%Ui7E.401116 71 0:N3f3n 63: 10.6443 .00119(K 40.16511301.11134231•21(131.101•08.4 EAI. WA- IN G v1ANIAr3P 900814 MA A 30614. 1701 1116.41114151 OWflfll1101. 6 AV; t7 9', 0132. FFIn T640 W14 MAROS, 0 Sn.Tt4i XPAILLWA0I THINLY N11`5914 W NAM 3ADA10.61N 3364 7037100V12.43234$(N163ENDMARS.4N AnaYEInTIP 3.11 I4.A( A 0A043(9.0371942,AF "REINS n7Yl1(1624.6HIT nu1(RI.A(IX0N. WA F(FF 100:'OS':T1VC2 A 1.0077 1:333.100010 IID T3 0. POL. n 024'1 AT4: NESS3.A 70.31^-!' W.630]1: M52l.E 1'09!1 f„ 12117.2:.01'.5" 41.31)31444 4,1310.. s NO TT x,132220 604(4 NS 1164 0..A:S 74 i14.40{0 0 H 10T: CENT. OF Mt.. 4(4511:42: 3 TUF04 NCLIIASTCRI.V4101 14.444524T 4 SAIDRAITROA524 CI R0VCtt3 710 ARxT.CT49Rn'SAma2m.11.806S 53,314.441311.14VT HAW.A WAN (r 31031V.r.A6 AR( 054.7.1:0 IOR HT 211361.1 ACINIiu AS 4t 0' 141e46. 211271Ex 1261 W. x3.19 POT: TIEv4.MY3115`4, 59.16 ill',2:71£0{0V F.I3wE HCI 51517 14 .14E 71010112300144 CIE 00'50 *tSVl7l4TE1( A' kV 1131'30 4RLSRXW44 1`8) 5 41(9016 14 11r0 TUNE 1001407 in9U(111R1100(7 PARXWAY;Ia�RE l Mk, N. 71131 171 FTUn4:lw PAA4 m R0154.41k (0L3014004A01:l0R3. R. IT'n 11N,MNIIUl9m5RY IJARADI )708( F41113200 14410 0.140 CO W I N 3101441011074617011711.406!3 ttkNI SR WM. InAl 1401064 YNR[[ 2,(113!r'11044_AOANWI3 1 144-.F.I.6 'g9A81041.445Rn 2401304 31 CMANN V ALIARA/ 1H9 1 -0a ,NSC wxl 26(6 6 401 AfT2 W61Nuva H 111143, NER(E.A202ASII.-04 CITY fir "60,411.4 1032 NDARY I. A. .MINT 1146.1410NJ41132414 14014 4 4•24 34-4- 54111 1.0246. 1.3130 E 33.11911'10714 MN. N. 01 A1MA31(4. AITS17(11 t. 7161160.AY.ALN G I SAW CLATI1.WJ1N10. A (143114 Fl WI. C4IC040370 AOONR340LARN3Y i 340 A 10101.1336111. 3666 AU0.1i AN ART: DIVAN. f 1910913:2 636. 01A 12297)321. YilP. 0114143, 604.. N 31•0137 3511111.34/ A RANI 633 A (Will 301111 AAT x042, 30100. 317421110611221.Y M0N7NIIIEAID23O01134(i A .3110340 130234416 PLAAINO 043:5',SAID, 0.17110614.1 M07014n]212]:1112410( AIA 41(5-.4.31914 V.44M01.494112414 11040 3231 A 0061,1.32 113 R' 14211 T'.AN01191 NSA0111.192310 A P001 .5 W1.54.T'AND MR012.1:I. 41.311716 W1111LI.40.4101 SW) MAN,. 11 T. 01 TSI[WRA IOM sOAR3' ISN NA.SWENT ra,M1R:9 39.14.WtA 6432 9 4108'30 4,111 T:•: FIN 1.74 CA. ssr 3314:1341.442-4A 1.11711 l_ 3643 993114 /TIN 146 IN AAA. - .31011. 4.x0132 63341.323103310 N1131.11M M 0 SAID 11.32.11.11. 2.011A INN 74.48. 44.0541 31414 30 104E4 214.614 S 84'33.549 ALONG S.M. 11014. 211211,110 CIE 12x61 n 1321414,449 SRI 323'. IN 111 (INNIS IV 1:I441,.TA11:49 WAANICTON. PARKING LANDSCAPING 69N. 1.0(0416 MOOE6 MS . Is ss. • 1 . 13010]26 t5 RV P AN. 4▪ rR4 0 SF.. 33 t1 PSM. 303 11. x.106410 6716 Nu 10 LINOSUP 4. 6 90-e- 3371 (6411300/774...35946 Nos 93 AMA 32u3 ASO MOM ,IRO N NN3 -5 117. 5089704101 1440990) Ru x92 . (OO. 1 9119 MP11401011 V. SC -5 10 . TR 20 SPAM 9496. SITE & BUILDING STATISTICS 61 RT.I FEN.. 3944 SRN. 2410 RE GMM (0 9710/4060 OW SION 004 N. 25114 S1 EXTERIOR LIGHTING LEGEND R R 4n (6300 1 OP 3I 01440x311.4 .613I L 3 PON WAIT4 66005 711E 8/ S1 411 0=0 1320138 - 400 916E NW 0 30. 614 RAE 11(5012 C• 26-- 2111-1-30-90091-120-90 17 . PON WA. 1•000X 111k R/ .m 1114 - 0020 LOOM 060 DOAN .RI 0x 307 COC 1314, F. 1W11 R 1'-0• (011 -I -3x -.00P-120-6£ RI R 133 SOT. - KO. N 44436 4131-450-62 1-0' AEI 61 US SOC VI 6 r� 10 Ir 941E Ai 49 W 040 K7081 L. VICINITY MAP Z61350 -4N101:1111740 i 4448.1606 334 ..-11°•_014'1:._ . o PROPOSED KUL BUILDING 9C-5 RU Mk- RNANOR.NOR.WM. R NOR. • 0052 Mk0032111.0 M 96041£0(4 ODENS SF f NM 21011 St RT v. 2.1 SS wRA mn 025-.1/ SRN. IS40 002.1 .�10 132£4 9441. 401)811 4rr-n 511113 14, ONFAC1 535040.3 7) RA s 9 6 4/- MING Mil ur i 9103( (RENO t 11604 COS SOUTHCENTER PARKWAY SITE PLAN shoal A1.0A Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION I' a/LS 6,41 HEREBY DECLARE THAT: Notice of Public Hearing Determination of Non -Significance Project Name:32,17--e!,,/ a0Q_A a w2x Notice of Public Meeting Mitigated Determination of Non - Significance g,t4DC__i Board of Adjustment Agenda Pkt Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ __Mail FAX To Seattle Times Classifieds : Gail Muller Classifieds PO Box 70 - Seattle WA 98111 her /VouC © &i 8'--) Was mailed to each of the addresses listed on this 5 qday o f-, in the year 20 d Le , v PMDMINISTRATIVEFORMS\FORMS\AFFIDAVITOFDISTRIBUTION Project Name:32,17--e!,,/ a0Q_A a w2x Project Number: L p(e-- oce? Mailer's Signature: 'Ti. g,t4DC__i 77 n Person requesting mailing:kAlLoda(CAZ5/144- , v PMDMINISTRATIVEFORMS\FORMS\AFFIDAVITOFDISTRIBUTION After Recording Return to: Sean T. Durbin Jameson Babbitt Stites & Lombard, P.L.L.C. 999 Third Avenue, Suite 1900 Seattle, WA 98104-4001 Document Title or Titles: Declaration of Parking Easement 20070222002096 SC3 LLC EAS 45.00 PAGE001 OF 014 02/22/2007 14:27 KING COUNTY, WA Reference Nos. of Documents Assigned or Released: None Name of Grantor: Winners 3 LLC Name of Grantee: SC3 LLC, ERRE LLC, and Evans 10 LLC Pages referencing additional names: None EXCISE TAX NOT REQUIRED IGng 9,o. Re►• ds Division DePutY Abbreviated Legal Description: A Portion of the Southwest Quarter of Section 26, Township 23 North, Range 4 East Additional Legal Descriptions Found On: Exhibits A, B and C Assessor's Property Tax Parcel Numbers or Account Numbers: 262304-9120-05 and 262304-9024-02 -1- 51404\01001\288778.V02 STD DECLARATION OF PARKING EASEMENT This Declaration of Parking Easement (the "Agreement") is dated for reference purposes as of the 21st day of September, 2006, by and between Winners 3, LLC, a Washington limited liability company ("Winners"), and SC3 LLC, ERRE Limited Liability Company, and Evans 10 Limited Liability Company, each a Washington limited liability company, as tenants in common (collectively, "TIC"). RECITALS A. Winners is the owner of a certain real property legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Winners Property"). B. TIC are the owners of a certain real property legally described on Exhibit B attached hereto and incorporated herein by this reference (the "TIC Property"). C. The parties desire to enter into this Agreement upon which Winners is willing to grant and establish a parking easement over a portion of the Winners Property for the benefit of the TIC Property, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Grant of Easement. Winners hereby grants and establishes for the benefit of the TIC Property, it owners, successors and assigns, a perpetual easement for ingress, egress, and parking over the existing parking area on the Winners Property, as diagramed on Exhibit C, and as legally described on Exhibit C-1 (the "Easement Area"), subject to the terms and conditions set forth herein. 2. Number of Spaces. Winners shall reserve twenty (20) parking spaces within the Easement Area for the benefit of the owner of the TIC Property, its tenants and their employees and invitees. 3. Burden and Benefit. The easement set forth in Section 1 of this Agreement shall burden the Winners Property and benefit the TIC Property and shall be a covenant running with the land. 4. Term. The term of this Agreement shall be perpetual. 5. Hold Harmless. The owner of the TIC Property shall defend, indemnify and hold the owner of the Winners Property harmless from any and all claims, liabilities, suits or damages caused by or arising out of the activities of the owner of the TIC Property or its agents, employees, customers, invitees or members while using the Easement Area. -2- 51404\0]001\288778.V02 STD • • 6. Attorneys' Fees. In the event suit or action is instituted to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys' fees in the preparation of its case at trial, on any appeal, and on any petition for review, in addition to all other sums provided by law. 7. Applicable Law. This Agreement shall be construed, applied and enforced in accordance with the laws of the State of Washington. 8. No Waiver. The failure of any party to insist upon strict performance of any of the terms, covenants or conditions hereof, shall not be deemed a waiver of any rights or remedies which that party may have hereunder at law or in equity, and shall not be deemed a waiver of any subsequent breach or default of any of such terms, covenants, or conditions. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. SC3 LLC, a Washington limited liability company By: ts: ERRE Limited Liability Company, a Washington limited liability company B Its: /3.4.11;c -k4-1 /V, . & Evans 10 Limited Liability Company, a Washington limited liability company Its: l? t Ori 4€.., -3- 51404\01001\288778.V02 STD • Winners 3 LLC, a Washington limited liability c ts: -4- 51404\01001\288778.V03 STD • LENDER CONSENT THE UNDERSIGNED hereby states and agrees that it joins in and consents to the execution of the foregoing Agreement, and subordinates its Deed of Trust lien interest in the Winners Property to the Agreement pursuant to Section 22.9 of said Deed of Trust dated June 12, 2006 and recorded under King County recording number 20060612001793 . Commercial Lending II, a Delaware Limited liability company By: Its. Vice QaFf10e-r -4- 514041010011288778.V03 STD STATE OF WASHINGTON COUNTY OF KING ) ss. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this 29th day of January , 2007, before me personally appeared Robert Schofield , to me known to be a member of SC3 LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged the 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 was authorized to execute said instrument. WITNESS my hand and official se written. 011t y,N�.t,..r.r...‘ 1 4 . . s ( 1473; 74.:: .Z. (Use This Space for Notarial Seal Stamp) d the •_y and year first above Notary P residing My cwimiyion ex [Type or Print Notary Name] -5- 51404\01001\288778.V03 STD • • STATE OF WASHINGTON COUNTY OF KING ) ss. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this 29th day of January , 2007, before me personally appeared Brad Decker , to me known to be a member of ERRE LIMITED LIABILITY COMPANY, the limited liability company that executed the within and foregoing instrument, and acknowledged the 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 authorized to execute said instrument. WITNESS my hand and official se written. ,0f r•' J /.J .�4 V;OTARY v • PUBOC c r Fn' •41,t\--111.II CFP•MiD 74 (Use This Space for Notarial Seal Stamp) ed the day and ye. ► first above Notary residin My commission ex [Type or Print Notary Name] -6- 51404\01001\288778.V03 STD • • STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this 29th day of January , 2007, before me personally appeared Brad Decker , to me known to be a member of EVANS 10 LIMITED LIABILITY COMPANY, the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the use d purposes therein mentioned, and on oath stated that he was authorized to execute said '1 ment. WITNESS my hand and official seal her- o a the s'ad year first above written. (Use This Space for Notarial Seal Stamp) Notary Publi residing at My comm n . • :.he Stat of Washington, /1�(A.) ssion e49428. ires: nuf [Type or Print Notary Name] -7- 51404\01001\288778.V03 STD • STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this 29th day of January , 2007, before me personally appeared Brad Decker , to me known to be a member of WINNERS 3 LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged the 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 authorized to execute said instrument. WITNESS my hand and official seal he written. ` f aV ik1++�-. -.r— ill c? .. HOT,q� 'o• • r S o: 4Lei ® to • a. c9 IC 41 0 •., `• 79'435"..e.0101111A SO 00 (Use This Space for Notarial Seal Stamp) and year f st above Notary P residing State of Washington, My commission e [Type or Print Notary Name] -8- 51404\01001\288778.V03 STD STATE OF COUNTY OF ! ' • • ) ss. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On tit' s 31 day ofQ►\UQQ1' , 2007, before me personally appeared SQS-p Y1 , to me knowh to be the f .a„ceped-of COMMERCIAL LE G , the limited liability company that executed the within and foregoing instrument, and acknowledged the 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 authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Not Public in al or the State of Y residing at My commission expires: QPM OEAOwe n� HI Smte of Net, Yak un- 0206§08480M - d by Now York Coin► [Type or Print Notary Name] (Use This Space for Notarial Seal Stamp) Janual, 28. :NO -9- 51404\01001\288778_V03 STD EXHIBIT A LEGAL DESCRIPTION OF WINNERS PROPERTY A PORTION OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST MM., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 26; THENCE NORTH 87°45'57" WEST, ALONG THE SECTION LINE, A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE NORTH 11°59'33" WEST, ALONG SAID *MARGIN, A DISTANCE OF 725,43 FEET TO A BOUNDARY OF A TRACT CONVEYED BY DEED RECORDED UNDER RECORDING NO. 8912290859 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 11°59'33" WEST, ALONG SAID WEST MARGIN OF SOUTHCENTER PARKWAY, A DISTANCE OF 105,15 FEET TO A POINT OF A CURVE; THENCE, ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 991.37 FEET, THROUGH A CENTRAL ANGLE OF 04°53'59" AN ARC DISTANCE OF 84,78 FEET TO THE SOUTH BOUNDARY OF A COMMON DRIVEWAY EASEMENT (EASEMENT NO. 1 AS RESERVED IN DEED RECORDED UNDER RECORDING NO, 8912290859); THENCE, LEAVING SAID WEST MARGIN OF SOUTHCENTER PARKWAY, SOUTH 85°12'11" WEST A DISTANCE OF 182.00 FEET; THENCE SOUTH 11°59'33" EAST A DISTANCE OF 261,67 FEET; THENCE SOUTH 88°25'36" EAST A DISTANCE OF 115,17 FEET; THENCE NORTH 11°59'33" WESTA DISTANCE OF 91.74 FEET; THENCE SOUTH 88°25'36' EAST A DISTANCE OF 66.85 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AND THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST W,M„ DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26; THENCE NORTH 87°45'57" WEST, ALONG THE SOUTH LINE OF SAID SO DISTANCE OF 481,05 FEET TO THE WEST MARGIN OF SOUTHCENTER ESTABLLLS1/4 HED IN KING COUNTY V�` A RECORDING NOS. 6343862, 6343863, 6343865, 6343867 AND 6343868; THENCE NORTH 11°59'33" WEST, ALONG SAID WEST MARGIN, A DISTANCE OF 830.58 FEET; THENCE, CONTINUING ALONG SAID WEST MARGIN ON A CURVE TO THE RIGHT HAVING A RADIUS OF 991.37 FEET, AN ARC DISTANCE OF 124.78 FEET THROUGH A CENTRAL ANGLE OF 07°12441" TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86°40'03" WEST A DISTANCE OF 274.13 FEET; ThENCE NORTH 01°08'35" EAST A DISTANCE OF 30.66 FEET; THENCE SOUTH 88°51'25" EAST A DISTANCE OF 272,38 FEET TO SAID WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTHERLY, ALONG SAID WEST MARGIN ALONG A CURVE TQ,THE LEFT THE CENTER OF WHICH BEARS NORTH 85°4526" EAST HAVING A RADIUS OF 991,37 FEET AN ARC DISTANCE OF 9.31 FEETTHROUGH A CENTRAL ANGLE OF 00°32'18" TO THE TRUE POINT OF BEGINNING; . • - SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, WASHINGTON. • PARCEL B: EASEMENTS FOR ACCESS AND RECIPROCAL PARKING AS ESTABLISHED IN KING COUNTY RECORDING NOS, 8912290859 AND 8912290860 AS AMENDED UNDER RECORDING NO. 95072111283; TOGETHER WITH NON-EXCLUSIVE EASEMENTS FOR PARKING AND VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AS ESTABLISHED BY EASEMENT AGREEMENT RECORDED UNDER. RECORDING NO. 20010601000466, RECORDS OF KING COUNTY; SITUATE 1N THE COUNTY OF KING, STATE OF WASHINGTON,\ -8- 51404\01001\288778.V02 STD • EXHIBIT B LEGAL DESCRIPTION OF TIC PROPERTY APN 262304-9024 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE N 87°45'57" W, 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE N 11°59'33" W ALONG SAID MARGIN, 830.58 FEET; THENCE CONTINUING ALONG SAID MARGIN ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 991.37 FEET, AN ARC DISTANCE OF 227.28 FEET THROUGH A CENTRAL ANGLE OF 13°08'08"; THENCE N 1°08'35" E, 74.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 88°51'25" W. 69 FEET; THENCE N 1°08'35" E, 12 FEET; THENCE N 88°5175" W, 38 FEET; THENCE S 1°08'35" W, 12 FEET; THENCE N 88°51'25" W, 195.64 FEET TO THE CENTER OF A RAILROAD EASEMENT; THENCE NORTHEASTERLY ALONG SAID RAILROAD EASEMENT ON A CURVE TO THE RIGHT, CENTER OF SAID CURVE BEARING S 56°15'51", SAID CURVE HAVING A RADIUS OF 410.28 FEET, AN ARC DISTANCE OF 102 FEET THROUGH A CENTRAL ANGLE OF 14°14'40"; THENCE N 12°28'30" W, 33.38 FEET; THENCE N 4°3476" W, 50.16 FEET; THENCE N 1°41'39" E, 54.76 FEET TO THE NORTH MARGIN OF THE SOUTHEAST QUARTER OF SOUTHWEST QUARTER; THENCE S 87°55'53" E, 250 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE S 1°08'35" W, 211.33 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS PARCEL B, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 7811290697.) TOGETHER WITH THAT PORTION OF PARCEL B, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER 89-10-BLA, AS RECORDED UNDER KING COUNTY AUDITOR FILE NUMBER 8912270422, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL B CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER 89-10-BLA; THENCE S 1°41'39" W, 54.76; THENCE S 4°34'26" E, 50.16 FEET; THENCE S 12°28'30" E, 33.38 FEET TO THE CENTERLINE OF A RAILROAD EASEMENT; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE ON A CURVE TO THE LEFT, CENTER OF SAID CURVE BEARING S 42°0P11" E AND HAVING A RADIUS OF 410.28 FEET, ALONG AN ARC DISTANCE OF 101.99 FEET THROUGH A CENTRAL ANGLE OF 14°14'36"; THENCE N 88°51'25" W, 35.13 FEET TO A POINT ON A CURVE TO THE RIGHT, 30 FEET NORTHWESTERLY AND PARALLEL WITH SAID CENTERLINE OF A RAILROAD EASEMENT, SAID POINT BEARING S 58°43'35" E, SAID CURVE HAVING A RADIUS OF 440.28 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°24'17", AN ARC DISTANCE OF 110.69 FEET TO A POINT 30 FEET WESTERLY AND PARALLEL WITH THE EASTERLY MARGIN OF SAID PARCEL B CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER 89-10-BLA; THENCE N 12°28'30" W, 18.39 FEET; THENCE N 4°34'26" W, 53.87 FEET; THENCE N 1°41'39" E, 56.60 FEET TO THE NORTH MARGIN OF SAID PARCEL B CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER 89-10- BLA; THENCE S 87°55'53" E ALONG SAID MARGIN, 30.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. -9- 514041010011288778.V02 STD r EXHIBIT C EASEMENT AREA DIAGRAM / / N / / 211 / 10 EXHIBIT C-1 LEGAL DESCRIPTION OF EASEMENT AREA TOGETHER WITH THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26; THENCE NORTH 87°45'57" WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER AS ESTABLISHED IN KING COUNTY RECORDING NOS. 6343862, 6343863, 6343865, 6343867 AND 6343868; THENCE NORTH 11°59'33" WEST, ALONG SAID WEST MARGIN, A DISTANCE OF 830.58 FEET; THENCE, CONTINUING ALONG SAID WEST MARGIN ON A CURVE TO THE RIGHT HAVING A RADIUS OF 991.37 FEET, AN ARC DISTANCE OF 124.78 FEET THROUGH A CENTRAL ANGLE OF 07°12'41" TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86°40'03" WEST A DISTANCE OF 274.13 FEET; ThENCE NORTH 01°08'35" EAST A DISTANCE OF 30.66 FEET; THENCE SOUTH 88°51'25" EAST A DISTANCE OF 272.38 FEET TO SAID WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTHERLY, ALONG SAID WEST MARGIN ALONG A CURVE TO THE LEFT THE CENTER OF WHICH BEARS NORTH 85°45'26" EAST HAVING A RADIUS OF 991.37 FEET, AN ARC DISTANCE OF 9.31 FEET THROUGH A CENTRAL ANGLE OF 00°32'18" TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, WASHINGTON. -11- 51404\01001\288778.V02 STD City of Tukwila Steven M Mullet, Mayor Department of Community Development STAFF REPORT TO THE DCD DIRECTOR REPORT DATE: NOTIFICATION: FILE NUMBER: APPLICANT: REQUESTS: ASSOCIATED PERMITS: LOCATION: COMPREHENSIVE PLAN/ZONE DESIGNATIONS: SEPA DETERMINATION: STAFF: ATTACHMENTS: November 27, 2006 Steve Lancaster, Director On 10/9/2006 Notice of Application was mailed to surrounding properties and posted on the site. L06-068 Special Permission Director for Covenant Parking Brad Decker, Decker Development Approval of a covenant parking agreement to provide off-site parking spaces for the new SC -5 26,000 square foot retail building. L06-067 Design Review E06-018 SEPA Environmental Checklist 17305 Southcenter Parkway Tukwila Urban Center and Low Density Residential Determination of Nonsignificance Nora Gierloff, Planning Supervisor A. Proposed Parking Covenant B. Project Site Plan 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206-431-3665 FINDINGS VICINITY/SITE INFORMATION Project Description The proposal is to demolish an existing Tony Roma's restaurant and construct a new 26,000 sf retail building with associated parking and storm drainage on the 1.4 acre site. The adjacent intersection of Minkler and Southcenter Parkway will be modified to improve safety, allow left turns out of the site and provide queuing lanes. The proposed mix of bulk retail, regular retail and storage uses will require 67 parking spaces while only 49 will be provided on site. An additional 20 off-site spaces will be made available to customers of the project. Surrounding Land Uses The site is located on Southcenter Parkway at Minkler Boulevard in an area that is known for its auto oriented commercial businesses and character. The subject site was previously occupied by Tony Roma's restaurant and is surrounded by one story retail, restaurant and commercial services such as Ethan Allen to the south, a strip mall to the north, and Parkway Supercenter and vacant JC Penney's warehouse site to the east. Directly south of the Ethan Allen is a trapezoidal strip of land developed with 20 parking stalls. PUBLIC COMMENT No public comments were received on the proposal. REVIEW CRITERIA Each criterion is listed below with staff's analysis. 18.56.070 Cooperative Parking Facility B. Covenant Parking: When off-site parking is provided on a lot other than the lot of the use to which it is accessory, the following conditions shall apply: 1. A covenant between the owner or operator of the principal use, the owner of the parking spaces and the City stating the responsibilities of the parties shall be executed. This covenant and accompanying legal descriptions of the principal use and the lot upon which the spaces are to be located shall be recorded with King County, and a copy with the recording number and parking layouts shall be submitted as part of any permit application for development. A draft agreement has been submitted to the City establishing a easement in perpetuity over the 20 spaces for the benefit of the new building. The strip of land containing the 20 spaces is part Staff Report 2 L06-068 Q:\SC5\L06-068CovPark.DOC • of the SC -3 building property. However the SC -3 building only requires 66 stalls while it provides 70 adjacent to the building and the additional 20 across a private drive. 2. The covenant lot must be within 800 feet of the primary commercial use or a shuttle service to the use must be provided with its route, service and operations approved by the Director. The distance from the furthest (most westerly) parking space in the off-site lot to the furthest (most northerly) tenant space is 470 feet. CONCLUSION The 20 parking spaces that are the subject of this covenant agreement are not required for the SC -3 retail development on the remaining portion of the lot. All of the parking spaces are located within 470 feet of the tenant spaces of the SC -5 building, which is less than the allowable 800 feet. The proposed covenant provides assurance that the spaces will be available to the customers of the SC -5 project for the life of the building. RECOMMENDATION Staff recommends that the Director approve the parking covenant with the following conditions: 1) Internal information signs shall be installed in accordance with the Tukwila Sign Code to inform SC -5 customers of the availability of the off-site parking area. 2) No mix of tenants with parking requirements higher than that currently proposed (such as restaurants) shall be allowed to locate in the SC -5 building. Staff Report 3 L06-068 Q:\SC5\L06-068CovPark.DOC • CITY OF TUKWILA s`'_ Department of Community Development `—t-c.-ivED SPECIAL 6300 Southcenter Boulevard, Tukwila, WA 98188 ISEP 2 7 20gERMISSION Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan(cici.tukwila.wa.us LEVE UN NT DIRECTOR APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -SP Planner: File Number: 1, 06 -(2' GS Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: Ev (_, -OI J I 2,..o6 --c,"; NAME OF PROJECT/DEVELOPMENT: 5c S Qe ,/ %3udet,:y LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. / 73 oS Scw/ ce.A.,ier- ?a,. A war T 1 w /4 We98/89 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 2 -6230Y -1'02.V 02_ DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. Name: Bea Dcc4c, Ntaiaj.` Address: j/ 7 eq.) f 460.4 sr 4 2.30) St a,/c_ � .i%€ 9810 Phone: LoG - Sym Y..6 y FAX: (2 aG) _syr Y9S7_ E-mail: 2oe© Seo. e •e.rewf,1Ve Signature: r77aiz IX ✓ Date: 9/a 7/o 4 I'AI'lunninc I'Urin5 Annlicalions'Ar, SI' I).doc Anril 6. 20116 • 4 9 O a • PROJECT TEAM ERRE BRIO ILA ER NAEMS 10 U.C. 4 SC 3 UC ALL AS 104865 4 001010 I ((02 117E1AS L0A ST, ME 230 SOME, VIA 913 (20 )TCF BIND 1 ��0E4R 545-4970 DIAL INCE METIER 6 ASSOCIATES 130 IIRESEE SUITE 250 SEATTLE, NA 98122 MIN 325-2563 (206) 328-0554 FM EWWELLS E• pE Ol SIZE DEVELOPMENT SERVICES 310 208TH ST. 5E 000018, D1 98012 (423) 481 ({TS) 463-7199 01 ,t 1AUCMIN L MT16AC ASSOCIATES PA. BOX 1442 WRE WIPE NA 98038 125 32-9877 :: 14810661 ff099E DIAL btllurOmYldlprYp.com LEGAL DESCRIPTION REVISED LEGAL DESCRIPTIONS APN 263704-9024 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W M, BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE N 844657' W, 481.05 1261 TO THE WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE N 1199'33' W ALONG SAID MARGIN, 830.58 FEET; THENCE CONTINUING ALONG SAID MARGIN ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 991.37 PERI, AN ARC DISTANCE OF 227 28 Mk THROUGH A CENTRAL ANGLE OF 13'08'08'; THENCE N 1°0835' B, 74 95 FEET TO THE TRUE POINT OF BEGINNING; THENCE V 889125' W. 69 1.EE1; THENCE N 1°0835' E, 12 FEET; THENCE N 88°5125' W, 38 FEET; THENCE S 1°0835' W, 12 FEET; THENCE N 889125' W, 195.64 FEET TO THE CENTER OF A RAILROAD EASEMENT; THENCE NORTHEASTERLY ALONG SAID RAILROAD EASEMENT ON A CURVE TO THE RIGHT. CENTER OF SAID CURVE BEARING S 569951', SAID CURVE HAVING A RADIUS OF 410.28 FEET, AN ARC DISTANCE OF 102 Mi THROUGH A CENTRAL ANGLE OF 14°14'40'; THENCE N 12°2830' W, 33.38 FEET; THENCE N 49426' W, 50.16 Fhh 1; THENCE N 1°4137 IL 54.76 FEEL TO THE NORTH MARGIN OF THE SOUTHEAST QUARTER OF SOUTHWEST QUARTER; THENCE S 879953' E, 250 FEET 1U THE WEST MARGIN OF SOUTHCENTER PARKWAY, THENCE S 1°08'35' W, 211 33 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS PARCEL B, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 7811290697 ) TOGETHER WITH THAT PORTION OF PARCEL B, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER 89-10-BLA, AS RECORDED UNDER KING COUNTY AUDITOR FILE NUMBER 8912270422, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL B CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER 89-10-BLA; THENCE S 141'39" W, 54.76, THENCE 5 494'26" E, 50.16 FEET, THENCE S 1 r28'30" 6,33.3811±! TO THE CENTERLINE OFA RAILROAD EASEMENT, THENCE SOUTHWESTERLY ALONG SAID CENTERLINE ON A CURVE TO THE LEFT, CENTER OF SAID CURVE BEARING S 4291'11' E AND HAVING A RADIUS OF 410.28 FEET, ALONG AN ARC DISTANCE OF 10199 FEET THROUGH A CENTRAL ANGLE OF 149436'; THENCE N 88°51'25" W, 35.13 FEET TO A POINT ON A CURVE TO THE RIGHT, 30 FEET NORTHWESTERLY AND PARALLEL WITH SAID CENTERLINE OF A RAILROAD EASEMENT, SAID POINT BEARING 5 58°4315' E, SAID CURVE HAVING A RADIUS OF 440 28 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1494'17", AN ARC DISTANCE OF 110.69 Fhb 1 TO A POINT 30 FEE 1 WESTERLY AND PARALLEL WITH THE EASTERLY MARGIN OF SAID PARCEL B CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER 89-10-BLA, THENCE N 1298'30" W, 18 39 FEET; THENCE N 494'26" W. 53.87 MEI; THENCE N 1°41'39" E. 56.60 MET TO THE NORTH MARGIN OF SAID PARCEL B CRY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER 89-10-BLA; THENCE S 87°55'53" E ALONG SAID MARGIN, 30.161661 TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. PAS LANDSCAPOS FRONT PAC088 MNDSTIPOR RECURS:: 40 STALLS 8 15 S.F. • 600 5F. FROP05M 615 S.F. NAR 05IIICE FROM STALL 70 111(8166688 5 95-0' 5C-3 (17401 SQOT[DIER PAR665) HAS 90 PPR10C SIMS ND REQUIRES MU 88 5TNL4. 51-8 17300 SCUMMIER ELL AMIE A COYDMNT MOM NIH 5C-3 TO ISE 11E 20 SPACES SHODL SRE & NIRDING STATISTICS USE mina OOOW6MX O06T. TYPE ONE STORE MOSS SF: 6. REAL Rd1AAR WAIL 0 SORJOE TUCN %e. women 25,814 SS. EXIENIOR LICA = LEGEND NNEOTT DFStl 'IDI IIP WMEICIU ER 1 NUMBER SA 2 POLE I MME0 SICCED( TYPE 5/ 5906E ARM 01 3D" ODE. BASE 100E EMT CF 28'-6' 400 NH 58000 Manna - CICO 16118-1-3H-40014 WI 6 WALL SCONCE - 1831.1111113 A7 K-0' AFT. ON FISC SCE =06S 5631 -IRC -002 56 11 SHOMM TYPE 5/ SINGLE ERN 11316IED AT HFCF 400 MN CALICO (DOC - ENDO (118-1i1F4059I L • VICINITY MAP N.T.S. COPING TO PATCH BLDG. ELEVATION STEEL COL CONCRETE BASE. PANT YLON SIGN N7 0 0 w C 3 0 C Ya v FOE DEPT. ACCiSS- USE 2011518 OCCUPN CY: COWL TYPE ONE S10RY CROSS SF NET SF: B UH REEVE REC UR REFIL ! =RAGE TUC N 50 SOUS MI -SITE 70 5TN14, Off -1 70 STEM TOM 17 COMPACT 2 ACCESSES 51 STROM 61,509 5F. ♦/- 64 • MINI PROPERLY flNAN AAUDI- P SITE PLAN 10 20 40 W SOUTHCENTER PARKWAY F a y LANCE MUELLER & ASSOCIATES sheet A1.0 J )(ref: BASE.dwg • wP[ WP[ wP[ wP[ • E MEN D O O O O O ]wP WP FLOOR PLAN 0 4 8 16 24 I1IIIIIL 911101 0 liil 05-112 lab na. PIK drawn checked 5-31-6 date IINIIKI 5 • JL -J Kt I HII 7305 Sd17HCEMIER PAR ERRE L LAN 1/B" = 1'-o .ANCE MUELLER & ASSOCIATES sheet A2.0 FURNITURE GALLERIES" OCJ EAST T ELEVATION 1b,_\ 9. dr NORTH ELEVATION rr of >}S rr 2a. 1 b\ 1a: 1, 2a. 2b. 2a. 2a,\ 5. 8. 2a. ti _1 4 01.1 r • r } 1 11 ti ti ti 11 ti 1I • X0111.1 100 •0103•00•01•10100•0:0 0•110040,1:0 001•0,0000•01010•1 r ..r - 5 -7 -5--- S , „--rr SOUTH ELEVATION WEST ELEVATION Exterior FlnIsh & Color Schedule J. Metall rx>prny,rrx>fing and, carooes I b: Metall coping„ roofing andicaropies 2a. CMi)i ase E Field 26: CML)lbasc t Field 2c. GMl)Iwa,nscot 3a. Stucco rr fine textjre - part 36: 5:ucco rr fine text)re - parry, 3c. 5-ucco rr fine text _ire - paint Storefront and glass 5, Meta i ,-,erk. r.e 6 tt. M doors. paint bar. Ca,,cpy'Coo-s 66. Caropy Co o -s 6c. Ca opy Co o -s Scorce light fixture O. Prey...lit, c...0.-cre-.e or CMLICap r. 5-eei cube Trails Sherman 'Wtlian , 5' V201 9 "June Buy" 5hernan 'WIliams 5W2020 "Adrrorv_lack" Mutual. Materials "Bu^oundy Red" n spl t- facc tcxturc Mutual Matcnals "Mesa Tar" in spat -face texture Mutual' Matenals. "Mesa Tar- in smooth face texture Sher-nan 'W Ibam5 5W2023 "Threshold Tauce" Sher -Tun 'Ndlrani 5W2024 "Gobi. Be•ge_ Sher-nan 'Nilham5 5W2022 "Dry Dock" Clear anodized storefront nnth dear msulatcdtglass. 5her-nan's/dherns 5W2022 "Dr/ Dock" Sherman Williams 5W2940 "Bndgpert" Nu -ray Metal Products. Inc. 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S5._ San 17'41 SD 250.00' 6 h a 42 w 17.23 6' 12 N 17.23 6' 42 f 17.13 r 128 17.2840' 12 1 15.78 56' 42815.7966' .1 24' CP MSS I 9 19.48 12" 5. so a NW 17.95)1 2 S 17.75 1 Dan 19.35 SD SD JE.3 9.42 r 1 12 8 19.32 6' Btm 17.87 a N 14.68 12" 12 S 14.68 12" 12 SE 17.76 12' Ban 14,68 66' CP 12 219.298' 42 w 19.29 6' Btm 17.74 12 NE 23.92 6' atm 22.52 CP SS SS e f1 11,_1_1.11 �FTTT' ._. ALL' 12 N 18.92 12" 12 S 10.92 12" 6fm 17.42 a N 19.75 12' Otm 18.10 • • • Top of OK 24.73 / 12821.094' K 3 21.14 6' DWI 19.50 S P40 / / / / / / / / / / 0 3 a 0 14 3 324.07 5' Ban 23.52 12N 21706' 2 NE 23.15 6' 3 E 2290 6' atm 21.55 w 8 { Z 12 8 20.53 6' Crow 17.28 SD .- - SD 5.5.2"06 S 88'51'25' E 195.64' Newela&Pap Ms B /17310 OIM9-esr Pettey • 12 N 17.24 18. 12 E 17444g 12" a W 178612' Bim 17.44 \ No Patina Zan. TREE DESCRIPTIONS AL Alder (Alnus) CH Cherry (Prunus cerosus) BM Big Leaf Maple (Acer mocrophylium) DF Douglas Fir (Pseudotsuga menzlesU) WR Western Red Cedar (Thula plicate) 0E 2314 12 4415.2966' 12 3 15.29 68' 12 SW 21.849' m n R.n 2271 12 W 15.57 8' 12 NW 13.21 15' 12 S 1131 12' 12 SE 13.41 8' E 13 e 13.11 1e' MERIDIAN DEED GRAPHIC SCALE 1111 CO 1 lawb w36ft. LEGAL DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE N 87'45'57' W, 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE N 11'59'33' W ALONG SAID MARGIN, 830.58 FEET; THENCE CONTINUING ALONG SAID MARGIN ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 991.37 FEET, AN ARC DISTANCE OF 227.28 FEET THROUGH A CENTRAL ANGLE OF 13'08'08'; THENCE N 1'08'35' E. 74.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 88'51'25' W. 69 FEET; THENCE N 1'08'35' E, 12 FEET; THENCE N 88'51'25' W, 38 FEET; THENCE S 1'08'35* W. 12 FEET; THENCE N 88'51'25' W, 195.64 FEET TO THE CENTER OF A RAILROAD EASEMENT; THENCE NORTHEASTERLY ALONG SAID RAILROAD EASEMENT ON A CURVE TO THE RIGHT. CENTER OF SAID CURVE BEARING S 56X015'51'. SAID CURVE HAVING A RADIUS OF 410.28 FEET. AN ARC DISTANCE OF 102 FEET THROUGH A CENTRAL ANGLE OF 1414'40'; THENCE N 12'28'30' W. 33.38 FEET; THENCE N 4'34'28' W, 50.16 FEET; THENCE N 1'41'39' E. 54.76 FEET TO THE NORTH MARGIN OF THE SOUTHEAST QUARTER OF SOUTHWEST QUARTER; THENCE 5 87'55'53' E. 250 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE S 1'08'35' W. 211.33 FEET TO THE TRUE POINT OF BEGINNING SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. (ALSO KNOWN AS PARCEL B. CITY OF TUKWILA BOUNDARY UNE ADJUSTMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 7811290697.) PROPERTY CORNERS P1 Found Tads In Lead w/ Tag, LS 18104. 0.02' S P2 Found Tack In Lead, 0.34' W P3 Found Mag w/ Shiner, 0.20' W P4 Found Tack In Lead, 0.25' W & 0.01' N P5 Found Rebar & Cap, LS 21601, 0.25' W & 0.01' S P6 Found Rebar & Cap, LS 18104, 0.02' E & 0.09' S P7 Found Rebar & Cap, LS 18104, 0.07' W & 0.09' S P8 Found Rebar & Cop, LS 18104, 0.12' E & 0.17' N P9 Found Mag & Tag, LS 18104, 0.06' E & 0.08' S P10 Found Iron Pipe w/ Tack. 0.17' W & 0.28' S P11 Found Rebar & Cap, LS 18104, 0.08' E & 0.02' S P12 Found Open 3/4' Iron Pipe, 0.02' E & 0.19' N P13 Found Rebar & Cap, LS 21601, 0.05' W & 0.12' N P14 Found Open 3/4' Iron Pipe. 0.16' W & 0.05' N SURVEY NOTES INSTRUMENT USED: SOKKIA SET 5 EDM METHOD USED: FIELD TRAVERSE APPROXIMATE POINT ACCURACY: *0.05' SURVEY MEETS OR EXCEEDS STATE STANDARDS PER WAC 332-130-090. MONUMENTS SHOWN HEREON WERE VISITED ON JULY 15. 2005. THE INFORMATION SHOWN ON THIS MAP REPRESENTS THE RESULTS OF A SURVEY MADE ON THE INDICATED DATE AND CAN ONLY BE CONSIDERED AS THE GENERAL EXISTING CONDITION AT THAT TIME. NO EASEMENTS, RESTRICTIONS OR RESERVATION OF RECORD WHICH WOULD BE DISCLOSED BY A TITLE REPORT ARE SHOWN. DATUM - NAVD 1088 CONTOUR INTERVAL - 2 FOOT ■NWN1e SIL 1/4 S.W. 1/4 1110. 20 1W 2111. SOL W.. Y1. TOPOGRAPHIC SURVEY Deecck�err Construction��st,6 17305 to9YFiis99ae9 Parkway UMW. WA 08188 EMERALD LAND SURVEYING, INC. PO 80X 13694 MILL CREEK, WA 98082 PH. (425) 35&7198 DRAWN BY: CHECKED: PROJECT: UM DATE SHEET OF 1 After Recording Return to: Sean T. Durbin Jameson Babbitt Stites & Lombard, P.L.L.C. 999 Third Avenue, Suite 1900 Seattle, WA 98104-4001 Document Title or Titles: Declaration of Parking Easement Reference Nos. of Documents Assigned or Released: None Name of Grantor: Winners 3 LLC Name of Grantee: SC3 LLC, ERRE LLC, and Evans 10 LLC Pages referencing additional names: None RECEIVED SEP 2 5 2006 COMI Ut4UiY DEVELOPMENT Abbreviated Legal Description: A Portion of the Southwest Quarter of Section 26, Township 23 North, Range 4 East Additional Legal Descriptions Found On: Exhibits A, B and C Assessor's Property Tax Parcel Numbers or Account Numbers: 262304-9120-05 and 262304-9024-02 -1- 51404\01001\288778.V02 STD DECLARATION OF PARKING EASEMENT This Declaration of Parking Easement (the "Agreement") is dated for reference purposes as of the 21st day of September, 2006, by and between Winners 3, LLC, a Washington limited liability company ("Winners"), and SC3 LLC, ERRE Limited Liability Company, and Evans 10 Limited Liability Company, each a Washington limited liability company, as tenants in common (collectively, "TIC"). RECITALS A. Winners is the owner of a certain real property legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Winners Property"). B. TIC are the owners of a certain real property legally described on Exhibit B attached hereto and incorporated herein by this reference (the "TIC Property"). C. The parties desire to enter into this Agreement upon which Winners is willing to grant and establish a parking easement over a portion of the Winners Property for the benefit of the TIC Property, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Grant of Easement. Winners hereby grants and establishes for the benefit of the TIC Property, it owners, successors and assigns, a perpetual easement for ingress, egress, and parking over the existing parking area on the Winners Property, as diagramed on Exhibit C, and as legally described on Exhibit C-1 (the `Basement Area"), subject to the terms and conditions set forth herein. 2. Number of Spaces. Winners shall reserve twenty (20) parking spaces within the Easement Area for the benefit of the owner of the TIC Property, its tenants and their employees and invitees. 3. Burden and Benefit. The easement set forth in Section 1 of this Agreement shall burden the Winners Property and benefit the TIC Property and shall be a covenant running with the land. 4. Term. The term of this Agreement shall be perpetual. 5. Hold Harmless. The owner of the TIC Property shall defend, indemnify and hold the owner of the Winners Property harmless from any and all claims, liabilities, suits or damages caused by or arising out of the activities of the owner of the TIC Property or its agents, employees, customers, invitees or members while using the Easement Area. -2- 51404\01001\288778.V02 STD 6. Attorneys' Fees. In the event suit or action is instituted to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys' fees in the preparation of its case at trial, on any appeal, and on any petition for review, in addition to all other sums provided by law. 7. Applicable Law. This Agreement shall be construed, applied and enforced in accordance with the laws of the State of Washington. 8. No Waiver. The failure of any party to insist upon strict performance of any of the terms, covenants or conditions hereof, shall not be deemed a waiver of any rights or remedies which that party may have hereunder at law or in equity, and shall not be deemed a waiver of any subsequent breach or default of any of such terms, covenants, or conditions. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. SC3 LLC, a Washington limited liability company By: Its: ERRE Limited Liability Company, a Washington limited liability company By: Its: Evans 10 Limited Liability Company, a Washington limited liability company By: Its: -3- 51404\01001\288778.V02 STD Winners 3 LLC, a Washington limited liability company By: Its: STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this day of , 2006, before me personally appeared , to me known to be a member of SC3 LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged the 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 authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. (Use This Space for Notarial Seal Stamp) Notary Public in and for the State of Washington, residing at My commission expires: [Type or Print Notary Name] -4- 51404\01001 \288778.V02 STD STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this day of , 2006, before me personally appeared , to me known to be a member of ERRE LIMITED LIABILITY COMPANY, the limited liability company that executed the within and foregoing instrument, and acknowledged the 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 authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. (Use This Space for Notarial Seal Stamp) Notary Public in and for the State of Washington, residing at My commission expires: [Type or Print Notary Name] -5- 51404\01001\288778.V02 STD STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this day of , 2006, before me personally appeared , to me known to be a member of EVANS 10 LIMITED LIABILITY COMPANY, the limited liability company that executed the within and foregoing instrument, and acknowledged the 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 authorized to execute said instrument. written. WITNESS my hand and official seal hereto affixed the day and year first above (Use This Space for Notarial Seal Stamp) Notary Public in and for the State of Washington, residing at My commission expires: [Type or Print Notary Name] -6- 51404\01001\288778.V02 STD STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this day of , 2006, before me personally appeared , to me known to be a member of WINNERS 3 LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged the 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 authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. (Use This Space for Notarial Seal Stamp) Notary Public in and for the State of Washington, residing at My commission expires: [Type or Print Notary Name] -7- 51404\01001\288778.V02 STD EXHIBIT A LEGAL DESCRIPTION OF WINNERS PROPERTY A PORTION OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST W,M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 26; THENCE NORTH 87°45'57° WEST, ALONG THE SECTION LINE, A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE NORTH 11°59'33" WEST, ALONG SAID.MARGIN, A DISTANCE OF 725.43 FEET TO A BOUNDARY OF A TRACT CONVEYED BY DEED RECORDED UNDER RECORDING N0. 8912290859 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 11°59'33" WEST, ALONG SAID WEST MARGIN OF SOUTHCENTER PARKWAY, A DISTANCE OF 105.15 FEET TO A POINT OF A CURVE; THENCE, ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 991.37 FEET, THROUGH A CENTRAL ANGLE OF 04°53'59" AN ARC DISTANCE OF 84,78 FEET TO THE SOUTH BOUNDARY OF A COMMON DRIVEWAY EASEMENT (EASEMENT NO. 1 AS RESERVED IN DEED RECORDED UNDER RECORDING NO. 8912290859); THENCE, LEAVING SAID WEST MARGIN OF SOUTHCENTER PARKWAY, SOUTH 85°12'11" WEST A DISTANCE OF 182.00 FEET; THENCE SOUTH 11°59'33" EAST A DISTANCE OF 261.67 FEET; THENCE SOUTH 88°25'36" EAST A DISTANCE OF 115.17 FEET; THENCE NORTH 11°59'33" WEST A DISTANCE OF 91,74 FEET; THENCE SOUTH 88°25'36" EAST A DISTANCE OF 66.85 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY AND THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W,M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26; THENCE NORTH 87°45'57" WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST V4, A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER AS ESTABLISHED IN KING COUNTY RECORDING NOS. 6343862, 6343863, 6343865, 6343867 AND 6343868; THENCE NORTH 11°59'33" WEST, ALONG SAID WEST MARGIN, A DISTANCE OF 830.58 FEET; THENCE, CONTINUING ALONG SAID WEST MARGIN ON A CURVE TO THE RIGHT HAVING A RADIUS OF 991.37 FEET, AN ARC DISTANCE OF 124.78 FEET THROUGH A CENTRAL ANGLE OF 07°12'41" TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86°40'03" WEST A DISTANCE OF 274.13 FEET; ThENCE NORTH 01°08'35" EAST A DISTANCE OF 30.66 FEET; THENCE SOUTH 88°51'25" EAST A DISTANCE OF 272.38 FEET TO SAID WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTHERLY, ALONG SAID WEST MARGIN ALONG A CURVE TO, THE LEFT THE CENTER OF WHICH BEARS NORTH 85°45'26" EAST HAVINGA RADIUS OF 991,37 FEET, AN ARC DISTANCE OF 9.31 FEET THROUGH A CENTRAL ANGLE OF 00°32'18" TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, WASHINGTON..c PARCEL 8: EASEMENTS FOR ACCESS AND RECIPROCAL PARKING AS ESTABLISHED IN KING COUNTY RECORDING NOS. 8912290859 AND 8912290860 AS AMENDED UNDER RECORDING NO. 9507210283; TOGETHER WITH NON-EXCLUSIVE EASEMENTS FOR PARKING AND VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AS ESTABLISHED BY EASEMENT AGREEMENT RECORDED UNDER RECORDING NO. 20010601000466, RECORDS OF KING COUNTY; SITUATE 1N THE COUNTY OF KING, STATE OF WASHINGTON;' -8- 51404\01001\288778.V02 STD EXHIBIT B LEGAL DESCRIPTION OF TIC PROPERTY APN 262304-9024 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE N 87°45'57" W, 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE N 11°59'33" W ALONG SAID MARGIN, 830.58 FEET; THENCE CONTINUING ALONG SAID MARGIN ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 991.37 FEET, AN ARC DISTANCE OF 227.28 FEET THROUGH A CENTRAL ANGLE OF 13°08'08"; THENCE N 1°08'35" E, 74.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 88°51'25" W. 69 FEET; THENCE N 1°08'35" E, 12 FEET; THENCE N 88°51'25" W, 38 FEET; THENCE S 1°08'35" W, 12 FEET; THENCE N 88°51'25" W, 195.64 FEET TO THE CENTER OF A RAILROAD EASEMENT; THENCE NORTHEASTERLY ALONG SAID RAILROAD EASEMENT ON A CURVE TO THE RIGHT, CENTER OF SAID CURVE BEARING S 56°15'51", SAID CURVE HAVING A RADIUS OF 410.28 FEET, AN ARC DISTANCE OF 102 FEET THROUGH A CENTRAL ANGLE OF 14°14'40"; THENCE N 12°28'30" W, 33.38 FEET; THENCE N 4°34'26" W, 50.16 FEET; THENCE N 1°41'39" E, 54.76 FEET TO THE NORTH MARGIN OF THE SOUTHEAST QUARTER OF SOUTHWEST QUARTER; THENCE S 87°55'53" E, 250 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE S 1°08'35" W, 211.33 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS PARCEL B, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 7811290697.) TOGETHER WITH THAT PORTION OF PARCEL B, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER 89-10-BLA, AS RECORDED UNDER KING COUNTY AUDITOR FILE NUMBER 8912270422, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL B CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER 89-10-BLA; THENCE S 1°41'39" W, 54.76; THENCE S 4°34'26" E, 50.16 FEET; THENCE S 12°28'30" E, 33.38 FEET TO THE CENTERLINE OF A RAILROAD EASEMENT; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE ON A CURVE TO THE LEFT, CENTER OF SAID CURVE BEARING S 42°01'11" E AND HAVING A RADIUS OF 410.28 FEET, ALONG AN ARC DISTANCE OF 101.99 FEET THROUGH A CENTRAL ANGLE OF 14°14'36"; THENCE N 88°51'25" W, 35.13 FEET TO A POINT ON A CURVE TO THE RIGHT, 30 FEET NORTHWESTERLY AND PARALLEL WITH SAID CENTERLINE OF A RAILROAD EASEMENT, SAID POINT BEARING S 58°43'35" E, SAID CURVE HAVING A RADIUS OF 440.28 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°24' 17", AN ARC DISTANCE OF 110.69 FEET TO A POINT 30 FEET WESTERLY AND PARALLEL WITH THE EASTERLY MARGIN OF SAID PARCEL B CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER 89-10-BLA; THENCE N 12°28'30" W, 18.39 FEET; THENCE N 4°34'26" W, 53.87 FEET; THENCE N 1°41'39" E, 56.60 FEET TO THE NORTH MARGIN OF SAID PARCEL B CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER 89-10- BLA; THENCE S 87°55'53" E ALONG SAID MARGIN, 30.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. -9- 51404\01001\288778.V02 STD EXHIBIT C EASEMENT AREA DIAGRAM n Wa ^ E o ► / W `D O p,� N / ,n-£ N O O co 01 - E / o ° m z / i� I d ce x 0 I Lai F2 CO N )11' m O O,N N 11 L. O o q�v /�1 i / W Io, 1111 N w "� `/ �, I ^ti itn 4 / / / 11 I ,,1 iI m1 • / // I �I 1 Z\ �1 1 s1/ ` / . I i I 1- ' I I / / - r I i; 1 / r7 - 4-',isoy., 1 I> ,1 / fI 1 1711°I' ;3 1 , i 1 . I ' 10 ' I 1 / Ir I 1 , I /' 1 I ► i I� %' ! / r —' s-ot�11 -10- 51404\01001\288778.V02 STD EXHIBIT C-1 LEGAL DESCRIPTION OF EASEMENT AREA TOGETHER WITH THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26; THENCE NORTH 87°45'57" WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER AS ESTABLISHED IN KING COUNTY RECORDING NOS. 6343862, 6343863, 6343865, 6343867 AND 6343868; THENCE NORTH 11°59'33" WEST, ALONG SAID WEST MARGIN, A DISTANCE OF 830.58 FEET; THENCE, CONTINUING ALONG SAID WEST MARGIN ON A CURVE TO THE RIGHT HAVING A RADIUS OF 991.37 FEET, AN ARC DISTANCE OF 124.78 FEET THROUGH A CENTRAL ANGLE OF 07°12'41" TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86°40'03" WEST A DISTANCE OF 274.13 FEET; ThENCE NORTH 01°08'35" EAST A DISTANCE OF 30.66 FEET; THENCE SOUTH 88°51'25" EAST A DISTANCE OF 272.38 FEET TO SAID WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTHERLY, ALONG SAID WEST MARGIN ALONG A CURVE TO THE LEFT THE CENTER OF WHICH BEARS NORTH 85°45'26" EAST HAVING A RADIUS OF 991.37 FEET, AN ARC DISTANCE OF 9.31 FEET THROUGH A CENTRAL ANGLE OF 00°321.8" TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, WASHINGTON. -11- 51404\01001\288778.V02 STD