HomeMy WebLinkAbout2010 - Ord 2233 - Tukwila South Development Agreement with Segale Properties (La Pianta LLC) - 20100726001100After recording, return to:
CITY OF TUKWILA
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433 -1800
20100726001100
TUKWILA CITY 0 ORD 3681.00
PAGE -001 OF 086
07/26/2010 14'22
KING COUNTY, WA
WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
DOCUMENT TITLE(S) (or transactions contained therein):
ORDINANCE 2233
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED:
N/A
Additional reference #s on page of document(s)
GRANTOR(S) (Last name first, then first name and initials)
Segale Properties LLC
GRANTEE(S) (Last name first, then first name and initials)
City of Tukwila
LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township,
range)
N/A
ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBERS
022204 -9008; 022204 -9011; 022204 -9015; 022204 -9033; 022204 -9037; 022204 -9040;
022204 -9043; 022204 -9057; 023900 -0352; 032204 -9006; 032204 -9047; 032204 -9056;
032204 9062; 032204 9090;032204- 9092; 032204 9093;032204- 9100;032204 -9106;
262304 -9065; 352304 -9008; 352304 -9009; 352304 -9013; 352304- 9015;352304 -9016;
352304 -9018; 352304 -9019; 352304 -9025; 352304 -9027; 352304 -9032; 352304 -9033;
352304-9036; 352304-9038; 352304-9040; 352304-9041; 352304-9045; 352304-9049;
352304 -9050; 352304 -9051; 352304 -9055; 352304 -9065; 352304 -9066; 352304 -9068;
352304 -9078; 352304 -9090; 352304 -9104; 352304 -9108; 352304 -9109; 352304 -9112;
352304 -9115; 352304 -9116; 352304 -9117; 352304 -9118; 352304 -9119; 352304 -9120;
352304 -9121; 352304 -9017; 0322049020; 032204 -9102
Assessor Tax not yet assigned
After recording, return to:
CITY OF TUKWILA
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433-1800
WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
DOCUMENT TITLE(S) (or transactions contained therein):
ORDINANCE 2233
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED:
N/A
Additional reference #s on page of document(s)
GRANTOR(S) (Last name first, then first name and initials)
Segale Properties LLC
GRANTEE(S) (Last name first, then first name and initials)
City of Tukwila
LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township,
range)
N/A
ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBERS
022204-9008; 022204-9011; 022204-9015; 022204-9043; 022204-9057; 032204-9006;
032204 -9090; 032204 -9106; 352304 -9013; 352304 -9015; 352304 -9017; 352304 -9032;
352304 -9040; 352304 -9041; 352304 -9045; 352304 -9049; 352304 -9050; 352304 -9068;
352304 -9118; 352304 -9115
Assessor Tax not yet assigned
ATTEST/ AUTHENTICATED:
al'a?
Christy O'Flafrty, CMC, City
APPROVED AS TO
Office of the Cit tor/iey
BY:
Attachment: Exhibit A Development Agreement
City of Tukwila
Washington
Ordinance No. 2233
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING BY REFERENCE A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF TUKWILA AND LA PIANTA LLC
FOR THE TUKWILA SOUTH DEVELOPMENT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real
property, and La Pianta LLC owns or controls approximately 503 of those acres, which is
known as the "Tukwila South Property," generally located between the boundaries of
South 178th Street /South 180th Street on the north; South 204th Street on the south; Orillia
Road and Interstate 5 on the west; and the Green River on the east; and
WHEREAS, the Tukwila South Property is located within an Urban Growth Area and
is appropriate for urban development pursuant to the Growth Management Act and the
City's adopted Comprehensive Plan; and
WHEREAS, La Pianta intends to develop the Tukwila South Property consistent with
the Tukwila South Master Plan, which envisions the creation of a major new employment
and housing base on the Tukwila South Property; and
WHEREAS, the City Council accordingly desires to enter into a Development
Agreement with La Pianta LLC for the Tukwila South development; and
WHEREAS, a public hearing was held for this Development Agreement on May 18,
2009;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Development Agreement Adopted. The City of Tukwila hereby adopts the
"Development Agreement by and between the City of Tukwila and La Pianta LLC, for the
Tukwila South Development," a copy of which is attached hereto as "Exhibit A" and by this
reference fully incorporated herein.
Section 2. 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 3. 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 c T day of L_ 2009.
W. \Word Processing \Ordinances \Tukwila South Development Agreement.doc
LV:ksn 06/05/2009
Haggert Mayor
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Filed with the City Clerk:
Passed by the City Council: L 5' i
Published: e LS f'. 9
Effective Date: c
Ordinance Number: .3
Page 1 of 1
DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TUKWILA 09 100
Council Approval 6/08/09
AND LA PIANTA LLC, FOR THE By Ordinance No. 2233
TUKWILA SOUTH DEVELOPMENT
THIS DEVELOPMENT AGREEMENT "Agreement is made and entered into this
10th day of June, 2009, by and between the CITY OF TUKWILA "CITY a non charter,
optional code Washington municipal corporation, and LA PIANTA LLC, a Washington limited
liability company "La Pianta
I. RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of
development agreements between a local government and a person having ownership or control
of real property within its jurisdiction and between a local government and a person owning real
property outside its boundaries as part of a proposed annexation, pursuant to RCW 36.70B.170
through RCW 36.70B.210.
WHEREAS, the "Tukwila South Project" (hereinafter defined) comprises approximately
512 acres of real property, which site is shown on the vicinity map attached hereto as Exhibit 1,
and La Pianta owns or controls approximately 503 of those acres, which is known as the
"Tukwila South Property" and legally described in Exhibit 2. The Tukwila South Project is
generally located between the boundaries of South 178 Street/South 180 Street on the north;
South 204 Street on the south; Orillia Road and Interstate -5 on the west; and the Green River on
the east. Approximately 259 acres will be annexed to the City pursuant to this Agreement.
WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is
appropriate for urban development pursuant to the Growth Management Act, and the City's
adopted Comprehensive Plan. The City will provide public services to the Tukwila South
Property, with the exception of power and water.
WHEREAS, La Pianta intends to develop the Tukwila South Property consistent with the
Tukwila South Master Plan "Master Plan"). The Master Plan envisions the creation of a major
new employment and housing base on the Tukwila South Property. The plan calls for
approximately ten million square feet of development that would be accommodated in a
combination of campus style research and office environments with a mix of other supporting
uses such as retail, residential, commercial, hotel and flex tech "Tukwila South Project The
Tukwila South Project will use the topographic and environmental constraints of the site to
define the limits of its development area, as shown on Exhibit 3 "Development Areas" and
"Non- Development Areas The Tukwila South Project includes the extension of Southcenter
Parkway in an alignment along the west edge of the valley floor "Southcenter Parkway
Project thus, functioning as the major transportation arterial through the site. The Tukwila
South Project will also contain an integrated, internal circulation system of streets, sidewalks and
pedestrian connections that link its various developments and will serve vehicles, cyclists and
pedestrians.
06/10/2009
-1- Exhibit A to Ordinance No. 2233
WHEREAS, La Pianta's goals for the Tukwila South Project are for a return on
investment, quality public infrastructure and service, certainty regarding the costs and flexibility
in how and when it develops. The City's goals in the development of the Tukwila South
Property include implementing its comprehensive plan, producing positive economic impacts to
the City and promoting environmental quality, mitigating financial risk for City funds, and
mitigation of project impacts.
WHEREAS, a development agreement must be approved by ordinance or resolution after
a public hearing.
WHEREAS, a public hearing for this Development Agreement was held on May 18,
2009 and the City Council approved this Development Agreement by Ordinance No. 2233 on
June 8, 2009.
WHEREAS, this Agreement constitutes a final land use action pursuant to RCW
36.70C.020 and is subject to review pursuant to RCW 36.70C.101 et seq.
NOW, THEREFORE, in consideration of the mutual promises set forth herein and the
long -term benefit to both the City and La Pianta, the parties hereby agree as follows:
1. Project Description.
The master planned development to be sited on the Tukwila South Property in
accordance with the terms and conditions of this Agreement as well as other applicable
development regulations is called the "Tukwila South Project." As used in this Agreement, the
term Tukwila South Project (or "Project means the proposed development of the Tukwila
South Property with a mix of uses, types and density of development, public and private
infrastructure and amenities consistent with the Tukwila South Master Plan and this Agreement.
2. Zoning Approvals.
II. AGREEMENT
2.1 Comprehensive Plan Designation. The Tukwila South Property is described
within the "Tukwila South" element of the City's 1995 Comprehensive Land Use Plan, as
amended "Comprehensive Plan This includes both the portion of the property currently
located within the City limits and the portion within the City's Potential Annexation Area
"PAA The City' s Comprehensive Plan provides for use of a master plan in the Tukwila
South district to guide and authorize development. La Pianta has submitted a Master Plan which
identifies its development proposal. The City's Comprehensive Plan contemplates an overlay
district for the property subject to the Tukwila South Master Plan.
06/10/2009 -2-
06/10/2009 -3-
2.2 Master Plan Approval. In accordance with the City's Comprehensive Plan and
TMC 18.40.075, the City approved the Tukwila South Master Plan on June 8, 2009. This Master
Plan covers approximately 512 contiguous acres and provides the vision and framework for the
creation of a "campus -type environment" focused on office and research facilities for emerging
technology industries, along with a mix of supporting retail, residential, commercial and flex
tech and hotel uses. The Master Plan is attached as Exhibit 4 to this Agreement and incorporated
by this reference. The first phase of the Master Plan implementation will involve grading the
entire site and installation of street and utility infrastructure. The approved Master Plan will
remain in effect for the Term of this Agreement. The Master Plan may not be amended or
superseded without the consent of both parties. In addition, any amendment to the master plan
must follow the process for such amendments that is in effect at the time of the request.
2.3 Sensitive Areas Overlay and Master Plan. The City Council approved the
designation of Tukwila South Property as a Sensitive Area Master Plan Overlay district on
June 8, 2009. La Pianta has submitted for City review a Sensitive Areas Master Plan "SAMP
for the Tukwila South Property. The Department of Ecology "DOE has issued a Section 401
water quality certification for the Tukwila South Property (Certification Order No. 2877, dated
November 7, 2005) (the "401 Certification Pursuant to TMC 18.45.160.G.8, the City will
review the SAMP to ensure it conforms to the conditions of the 401 Certification. If the SAMP
conforms to the conditions of the 401 Certification and TMC 18.45.160, the Director of
Community Development will take action to approve the proposed SAMP, pursuant to TMC
18.45.160.G, within 30 calendar days after the effective date of the annexation. The Sensitive
Areas Overlay and associated SAMP require mitigation of impacts to sensitive areas associated
with the Tukwila South Project through build -out.
2.4 Land Use Permit Process. The above referenced plans will be implemented in
phases by a series of Land Use Permit Process applications. These include but are not limited to,
applications for clearing and grading permits, tree permits, building permits, shoreline substantial
development permits, development permits, design review approvals, conditional use permits,
planned residential developments, and such other permits and approvals described in Chapter
18.104 of the TMC and necessary to authorize development and implementation of the Master
Plan approval. The Land Use Permit process requires the applicant to demonstrate consistency
with the requirements of the approved Master Plan, as implemented through the Tukwila South
Overlay District described in Section 2.5 below. All land use fees not specifically addressed in
this Agreement will be paid at the time of permit application or when otherwise due.
2.5 Application of Tukwila South Overlay District. Consistent with the
Comprehensive Plan, the City has amended the Tukwila Municipal Code "TMC to adopt the
Tukwila South Overlay District as Chapter 18.40, a copy of which is attached hereto as Exhibit
5. The purpose of the Tukwila South Overlay District is to encourage innovative uses, sites and
comprehensive planning of large land parcels through a master plan. The Tukwila South
Overlay contains the development regulations, including commercial design guidelines, that will
apply to the Tukwila South Property. The City agrees to apply the Tukwila South Overlay
District regulations to the portion of the Tukwila South Property within its PAA, after that area is
annexed to the City.
06/10/2009 -4-
2.6 Shoreline Man Amendment. The City, by ordinance, has pre- designated a portion
of the Tukwila South Project as "Tukwila Urban" under its Shoreline Master Program/Plan,
TMC Chapter 18.44 "SMP Upon completion of the annexation, the City shall, consistent
with this development regulation, amend its SMP map to include the Tukwila South Property as
urban. It is understood by the parties that this amendment is subject to the approval of the State
Department of Ecology. The parties agree that this map designation does not vest La Pianta to
any shoreline regulations under the SMP.
3. Allowable Development.
3.1 Maximum Allowable Development. Except as otherwise provided herein, the
maximum allowable development in the Development Area of the Tukwila South Project shall
be limited to a maximum development (including any mix of buildings and permitted uses) that
does not generate more than 10,166 Net New Trips (as defined below) from onsite development
and is limited to 10.3 million square feet of new building floor area "Allowable Development
For the purposes of determining Allowable Development, new "building floor area" shall include
new floor area generating vehicle trips, but shall not include floor area that does not generate
vehicle trips, such as parking areas and mechanical space.
3.2 Site Clearing. Grading and Coverage. Subject to the limitations of Section 3.5
below, (i) up to 100% of the Development Area, outside of sensitive area or shoreline buffers,
may be cleared and graded, and (ii) in the Development Area, up to 85% of the developable area
served by each stormwater facility may be covered with impervious surfaces.
3.3 Limit on Certain Uses. The following uses in the Tukwila South Project will be
subject to the restrictions set forth in this Section 3.3:
(a) Movie theaters with three (3) or fewer screens shall be a permitted use. Movie
theaters with more than three (3) screens shall be treated as special permission
uses (TMC 18.41.060).
(b) Regional malls shall be a prohibited use. For purposes of this Agreement,
"Regional Mall" shall mean an independent, retail complex of at least 500,000
square feet of building floor area (as that term is defined in Section 3.1 above)
containing privately -owned indoor and outdoor walkways for shoppers traveling
to and from multiple retail uses. The square footage limitation under this
definition shall be applied on a project -by- project basis, and shall not be applied
to the Tukwila South Property as a whole.
(c) No warehouse uses will be allowed in the Tukwila South Project beyond what is
in existence at the time of execution of this Agreement, and redevelopment of
existing warehouses to warehouse use will not be permitted. Notwithstanding the
foregoing, with respect to existing warehouse uses and buildings, La Pianta shall
be entitled to undertake normal maintenance and repair, reconstruction in the
06/10/2009 -5-
event of casualty and condemnation, modifications necessary to meet current code
requirements, and for each building, a one -time "minor expansion" (not exceeding
5% of building floor area). The City shall require special permission uses (TMC
18.41.060). approval for such "minor expansions
3.4 Expansion Areas. Several parcels that are not currently owned by La Pianta are
located within the Project boundaries and are more particularly described and depicted in Exhibit
6. These parcels were included within the 512 acres analyzed in the Tukwila South EIS
(hereinafter defined). The Tukwila South Overlay District regulations shall apply to these
parcels if they are acquired and developed by La Pianta during the Term of this Agreement.
Another parcel owned by La Pianta, hereinafter referred to as the "Arnold Parcel also described
in Exhibit 6, was not studied as part of the Tukwila South EIS. La Pianta and the City
acknowledge that the Tukwila South Overlay District regulations shall apply to the Arnold
Parcel, but that additional environmental review may be necessary when La Pianta elects to
develop the Arnold Parcel. In the event that La Pianta desires to develop an Expansion Area
under the Development Agreement, La Pianta shall provide (i) written notice to the City, (ii)
evidence of its ownership or control of the Expansion Area(s) in question or the agreement by
La Pianta and the owner(s) of the Expansion Area in question to subject such area to the terms of
the Agreement, and (iii) evidence that no further additional environmental analysis is required
beyond that covered in the Tukwila South EIS for the development proposed.
3.5 Floodplain Development Review. Development in any areas of the Tukwila
South Property lying within a 100 -year floodplain, as designated by the Federal Emergency
Management Agency "FEMA shall be subject: (i) to review by the City and/or agencies with
jurisdiction to ensure that such development will not result in a "take" of any endangered species
in violation of federal law; and (ii) to all laws and regulations governing development within
such FEMA- designated 100 -year floodplains that are in effect at the time of a complete
development application (the "Floodplain Regulations
The clearing and grading permit for initial, overall site development for the Tukwila
South Project "Clearing and Grading Permit shall be executed in accordance with the
Floodplain Regulations, as applicable. Upon completion of the clearing and grading, subject to
the Clearing and Grading Permit, and the Levee Modification, as defined herein, La Pianta will
prepare for review by the City a Letter of Map Revision "LOMR The City shall forward the
LOMR to FEMA for review and when the LOMR is approved by FEMA, future building
applications will not be subject to the Floodplain Regulations.
4. Parties Obligations Under this Agreement.
This Agreement establishes certain roles and responsibilities for the development of the
Tukwila South Project, including but not limited to City commitments for partial funding and
construction of certain public infrastructure improvements benefiting the Tukwila South Project,
as well as the community at large, and La Pianta commitments to participate in the funding of
certain public improvements, to fund all private aspects of the development and to develop the
Tukwila South Property consistent with all applicable land use policies and regulations.
4.1 Annexation. Upon execution of this Agreement, La Pianta shall submit a signed
60% petition for annexation to the City of Tukwila for the portion of the Tukwila South Property
located within the PAA. The City will take all steps necessary to consider the annexation in a
timely manner after submittal of a signed 60% petition. In the event that La Pianta fails to
submit the 60% petition, the City may terminate this Agreement upon giving 14 days notice to
La Pianta. Should the annexation fail to occur by December 31, 2009 (the "Outside Annexation
Date this Agreement will terminate and all obligations herein will be extinguished. The
Outside Annexation Date shall automatically be extended for the period of any review of the
annexation by the Boundary Review Board, if jurisdiction is taken, and/or the courts. For
purposes of this Agreement, the "effective date of the annexation" hereunder shall be the date on
which the ordinance of annexation of the Tukwila South Property adopted by the City Council is
effective, final and unappealable.
4.2 Levee Modification and 404 Permit Approval. The City has submitted to the U.S.
Army Corps of Engineers, Seattle District "ACOE an application for modification of the levee
system in the Tukwila South Property which will, among other things, permit the removal of the
existing cross -levee structure at South 196 Street (the "Levee Modification La Pianta has
submitted to ACOE an application for a Section 404 permit under the Clean Water Act, to permit
the grading, filling and development of the Tukwila South Property as contemplated in the
Tukwila South Master Plan (the "404 Permit The parties will take all reasonable steps
necessary to secure from the ACOE the issuance of the Levee Modification and the 404 Permit
in a timely manner If either the Levee Modification or the 404 Permit has not been issued by
the Corps, and all appeal periods having passed with no appeals filed, by June 30, 2010 (the
"Outside Approval Date this Agreement will terminate and all obligations herein will be
extinguished. The Outside Approval Date may be extended by mutual agreement of the parties.
As provided herein, the parties will place in the Escrow (as established under Section 4.8.4.6
below) all documents, payments and other undertakings required to be delivered prior to the
Outside Approval Date. Upon approval of the Levee Modification and issuance of the 404
Permit, the Escrow Agent (hereinafter defined) shall be instructed to release, deliver or record, as
appropriate, all sums and documents held in escrow unless expressly provided otherwise in this
Agreement.
The City shall incur no costs for the maintenance of the new levee constructed as a result
of the Levee Modification. Failure of La Pianta to secure maintenance for the levee prior to
issuance of the Clearing and Grading Permit, shall result in denial of said permit.
4.3 Southcenter Parkway Proiect.
4.3.1 Southcenter Parkway Proiect Design. The City shall, using grant funds
secured for this Project, promptly complete the final design of the extension and relocation of
Southcenter Parkway from S. 180 Street to S. 200 Street "Southcenter Parkway Project" or
"SCP Project including necessary sewer, water, stormwater, natural gas, power and
telecommunications utility system improvements associated with this roadway improvement
project (the "Final Design Plans as documented in the 90% drawings completed by David
06/10/2009 -6-
Evans and Associates dated September 2005 (the "90% drawings and on file with the City.
The City may use up to $300,000 of the grant funds identified in Section 4.3.7 below for the
purpose of completing the Final Design Plans; any costs to complete the Final Design Plans in
excess of $300,000 shall be borne by the City. The Southcenter Parkway Project will provide
additional access to the Tukwila Urban Center and the Tukwila South Project. Except as set
forth in this subsection, the Final Design Plans shall not materially deviate from the 90%
drawings without the written consent of both parties. For the purposes of this Section, the Final
Design Plans shall be deemed to "materially deviate" from the 90% drawings if the Final Design
Plans include modifications to the 90% drawings that will result in a construction cost increase in
the aggregate of more than $250,000. The Southcenter Parkway Project will not include the
relocated South 178 Street improvements or the bike lanes as specified on the 90% drawings.
4.3.2 Land Dedication for Southcenter Parkway Project. La Pianta agrees to
dedicate, at no cost to the City, the land necessary to construct the Southcenter Parkway as
depicted in Exhibit 7. La Pianta waives all credit for this dedication of land against any traffic
impact fee assessed for the Project. In addition, La Pianta agrees to waive any claim for just
compensation pursuant to RCW 8.12 and any claims under the Washington and Federal
Constitutions in connection with the dedication of this right -of -way. La Pianta shall deliver a
signed but undated statutory warranty deed (free of all encumbrances and easements
unacceptable to the City) for this land and a signed and dated right of way easement
encumbering the same property described in the deed, in commercially reasonable form
acceptable to the City, to the Escrow no later than 5 days after the effective date of the
annexation specified in Section 4.1. Upon receipt, the City shall record the right of way
easement and retain the undated deed in Escrow until the City is prepared to vacate Frager
Road/Southcenter Parkway as provided in Section 4.10. Simultaneously with the transfer of the
properties described in Section 4.10, the City shall cause the deed delivered by La Pianta into
Escrow to be dated and recorded. If the deed and the right of way easement are not delivered in
the time specified by this Section, this Agreement will terminate. For the purpose of the real
estate excise tax, the City acknowledges that the transfer of property pursuant to this section shall
be for a "public use in connection with the development of real property" as provided under
WAC 458 -61A -205.
4.3.3. Planning and Design Work. La Pianta has provided the following
planning and design services in connection with the Southcenter Parkway Project:
(i) Geotechnical reports and information;
(ii) Survey, topographical maps;
(iii) As -built survey of utilities;
(iv) Legal description of final right -of -way;
(v) Plans and designs for wetland and stream mitigation, including plans for
land, cost of restoration, permitting, on -going maintenance and
monitoring;
(vi) 30% design work; and
(vii) Plans and designs for temporary stormwater detention and treatment for
Southcenter Parkway Project during construction, and permanent
06/10/2009 -7-
06/10/2009 -8-
stormwater detention and water quality facilities for Southcenter Parkway
and South 200 Street as more particularly described in Sections 4.3.5 and
5.4.
4.3.4 Highline /PSE /Southcenter Parkway Costs. La Pianta shall obtain power
and gas utility service for the Tukwila South Project from Puget Sound Energy "PSE and
water service from the Highline Water District "Highline La Pianta shall pay for all costs
related to the design and construction of Highline Water systems and PSE systems for the
Tukwila South Project (not including costs for which PSE and Highline are responsible for
undergrounding and relocation of existing systems, as described herein). The City shall cause
Highline to relocate its existing water system facilities pursuant to its franchise agreement with
the City. The City shall cause PSE to relocate and underground existing power and gas system
facilities pursuant to its franchise agreement with the City and applicable tariff. Any costs or
fees assessed to the City by those utilities for invoking either of the franchise terms discussed in
this Section shall be paid to the City by La Pianta within 30 days of invoice.
4.3.4.1 Highline Water. The City will include the work for the relocation
and upgrade of the Highline Water system utilities in its SCP Project bid as a bid additive (the
"Highline Work The Highline Work will be accounted for and invoiced separately from the
SCP Project. The City shall enter into an agreement with Highline pursuant to which Highline
shall reimburse the City for the cost of the Highline Work. La Pianta shall enter into a separate
agreement with Highline pursuant to which La Pianta shall reimburse Highline for La Pianta's
portion of the costs of the Highline Work. Pursuant to Section 4.8.4 of this Agreement, La
Pianta shall provide the City with a letter of credit in the amount of 110% of La Pianta's portion
of the estimated cost of the Highline Work as security for payment of those associated costs. In
the event that Highline fails to reimburse the City, pursuant to the terms of the agreement
between the City and Highline, for La Pianta's portion of the cost of the Highline Work, the City
may draw upon the letter of credit as provided in Section 4.8.4. In addition, La Pianta shall
provide the City with a copy of La Pianta's agreement with Highline and evidence of timely
payments to Highline thereunder.
4.3.4.2 PSE. The City will exclude the work for the PSE power and gas
utilities from the SCP Project bid. PSE will provide the specifications for such power and gas
utility work to serve the Tukwila South Project (the "PSE Work which will be constructed in
coordination with the SCP Project. The PSE Work will be conducted by third parties on behalf
of PSE. The bid documents and the final construction contract for the SCP Project shall include
a "cooperation clause," requiring cooperation and communication between the City (and the
City's contractor on the SCP Project), La Pianta LLC and PSE or PSE's designees and
contractors undertaking the PSE Work. La Pianta shall indemnify and defend the City against
delay claims made by the City's contractor for the SCP Project because of the PSE Work. La
Pianta shall pay (i) PSE directly for La Pianta's share of the cost of the PSE Work in accordance
with PSE Tariff Schedule 85, and (ii) the City directly for the City's share of the cost of the PSE
Work in accordance with PSE Tariff Schedule 74. La Pianta's obligation under this Section
4.3.4.2 shall be secured by an irrevocable standby letter of credit in the amount of 110% of the
City's estimated share of the PSE Work, naming the City as beneficiary as provided in Section
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4.8.4. In the event that La Pianta fails to pay the amount due under this Section 4.3.4.2 within
thirty (30) days of demand by the City, the City may draw upon the letter of credit as provided in
Section 4.8.4.
4.3.5 Southcenter Parkway Storm Drainage. La Pianta shall provide, at no cost
to the City, sufficient capacity for all drainage from the Southcenter Parkway Project within the
regional storm drainage facilities more particularly described in Section 5.4 to be constructed by
La Pianta as part of the permanent stormwater drainage facilities for the Tukwila South Project.
La Pianta shall provide easements granting the City the right to discharge stormwater from
Southcenter Parkway and South 200 Street to La Pianta's regional stormwater facilities. La
Pianta covenants that the regional stormwater facilities will be sized to accommodate stormwater
run -off from the Tukwila South Project, including Southcenter Parkway, South 200 Street and
all other development proposed as part of the Tukwila South Project. The stormwater system
includes a "South Facility" and a "North Facility both as defined in Section 5.4 below.
4.3.5.1 South Facility. Easements and stormwater facilities for the South
Facility may, at the discretion of La Pianta, be temporary, provided however, that except as
provided in Section 4.3.5.3 below, La Pianta shall: (i) provide permanent, no -cost easement and
stormwater facilities in the South Facility prior to the issuance of the first construction permit for
a new building development in the Tukwila South Project; and (ii) ensure that the South Facility
will be operational and ready for use prior to the completion of the Southcenter Parkway Project.
4.3.5.2 North Facility. At La Pianta's option, stormwater to be treated in
the North Facility may be piped to the South Facility for treatment and discharge on an interim
basis. The development of the North Facility shall occur prior to the date on which the capacity
of the South Facility is fully utilized.
4.3.5.3 WSDOT/FHWA Approval. Immediately upon execution of this
Agreement, the City shall amend its submissions to WSDOT /FHWA to describe the storm
drainage plan for the Southcenter Parkway Project that is more particularly set forth in Section
5.4, and shall request approval for such change. La Pianta shall cooperate in good faith to
provide all necessary documentation reasonably necessary to secure WSDOT's approval of such
stormwater plan for Southcenter Parkway. In the event that the stormwater plan for Southcenter
Parkway described in Section 5.4 is not approved by WSDOT /FHWA, the City shall construct
the stormwater ponds described in its original proposal to WSDOT, for treating and detaining
stormwater runoff from Southcenter Parkway and South 200 Street. In such case, La Pianta
shall, within thirty (30) days of the City's written demand therefore, grant at no cost to the City
temporary easements necessary to construct the stormwater ponds needed to accommodate the
stormwater run -off from Southcenter Parkway and South 200 Street that was described in the
City's original SCP Project proposal to WSDOT. The easement agreements shall provide that at
such time La Pianta completes the South Facility and it is available to accommodate the run -off
from Southcenter Parkway and South 200 Street, the temporary easements shall terminate and
shall be replaced by permanent easements to the South Facility.
4.3.6 Southcenter Parkway Bidding /Construction. Upon the issuance of the 404
Permit contemplated in Section 4.2, the City shall be responsible for the bidding and construction
of Southcenter Parkway "Southcenter Parkway Project The City shall request formal bids
from contractors for the construction of the Southcenter Parkway Project as soon as all necessary
approvals and permits have been received. This Agreement is premised on the assumption that
the project costs for the Southcenter Parkway Project (including the up to $300,000 allocated to
completion of the Final Design Plans under Section 4.3.1 above) will not exceed available
financing in the amount of $26,800,928 "Construction Cost Cap The total project cost of the
Southcenter Parkway Project "Total Project Cost shall be the lowest responsible bid received
by the City, and shall allow and include up to a 15% construction management allowance and a
15% project contingency allowance. For the purpose of determining whether the Total Project
Cost exceeds the Construction Cost Cap, the Total Project Cost shall not include the costs for the
Highline Work and PSE Work (which costs shall be paid by La Pianta and the utilities as
provided in Section 4.2.4), and shall not include the City's costs for its employees in connection
with or related to the management and/or supervision of the construction of the Southcenter
Parkway Project, which costs the City shall bear. The City shall use commercially reasonable
efforts to minimize the Total Project Cost of the Southcenter Parkway Project. For purposes of
this Agreement, "commercially reasonable efforts" means the actions normally taken to reduce
costs for any City project.
If the Total Project Cost exceeds the Construction Cost Cap, the City shall have
no obligation to construct the Southcenter Parkway Project unless La Pianta gives written notice
as provided herein to the City that La Pianta shall pay such difference "Project Cost
Differential In such case, the City shall send written notice to La Pianta of the Project Cost
Differential, and La Pianta shall, within 15 days of receipt thereof, give the City written notice of
whether La Pianta elects to pay the Project Cost Differential. If La Pianta elects to pay the
Project Cost Differential, then La Pianta must provide the City cash security for such amount
"Cash Security also within the 15 days. Provided that La Pianta timely provides the City such
notice and Cash Security, the City shall promptly execute a construction contract for the
Southcenter Parkway Project. If La Pianta does not timely provide the City with the notice
and/or the cash security, the City shall reject all bids and this Agreement shall immediately
terminate without further action required by any party.
If La Pianta pays the Project Cost Differential, the City agrees to utilize the funds
within the Construction Cost Cap prior to utilizing the Cash Security. Should any Cash Security
remain after completion of the Southcenter Parkway Project, said remainder shall be refunded to
La Pianta within thirty (30) days after final acceptance of the Southcenter Parkway Project. In
the event of cost overruns in excess of the Total Project Cost (including Cash Security for the
Project Cost Differential), the City shall promptly notify La Pianta, and La Pianta shall provide
additional Cash Security equal to or greater than the amount of any overruns within ten (10) days
of invoice. Upon completion of the Southcenter Parkway Project, if state or federal auditors
identify any charges that fall outside the scope of work, excluding mutually agreeable change
orders and agreed to modifications to the scope of work, for the Southcenter Parkway Project, La
Pianta shall be entitled to a refund for those sums identified within thirty (30) days after
completion of said audit(s).
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4.3.7 Southcenter Parkway Financing. The City shall use $18,530,345.00 in
state and federal grant money secured for the cost of design and construction of Southcenter
Parkway Project. The City shall also utilize limited tax general obligation debt "General
Obligation Bonds or other financing mechanisms to finance up to $8,250,000.00 dollars toward
the construction of the Southcenter Parkway Project. In the event that any state or federal grant
funds are withdrawn from the Southcenter Parkway Project prior to the Outside Approval Date
(as defined in Section 4.2), the parties will use best efforts to seek replacement grant funds
"Replacement Funds If the parties are unable to secure commitments for such Replacement
Funds by December 31, 2010, then this Agreement will immediately terminate, all obligations
hereunder will be extinguished, and the Escrow shall be terminated.
In the event that any additional state or federal grant funds, debt or credit
enhancements, including but not limited to interest rate reductions, tax credits or
reimbursements, and which are not Replacement Funds, are provided to the Southcenter Parkway
Project, the parties shall equally share the economic benefit of such additional measures.
4.3.8 Closure of Southcenter Parkway and Frager Road. The City shall close
the existing Southcenter Parkway and Frager Road from South 180 Street to South 200 Street
during the construction phase of the Southcenter Parkway Project, except for local traffic, and
agrees that La Pianta can use the roadway for project purposes, without compensation to the City
or the need for issuance of right -of -way permits, provided that La Pianta maintains the roadway
during that period of time and La Pianta's use does not unreasonably interfere with use for local
traffic. La Pianta shall ensure that local traffic may access their properties from the north access
point to Tukwila South. The City acknowledges that a certain portion of Frager Road and the
existing stormwater pond near South 200 Street shall be permanently closed and removed upon
issuance of a grading permit to La Pianta for the purpose of constructing the "Green River Off
Channel Habitat Area." Provided that WSDOT approval for stormwater plan is granted pursuant
to Section 4.3.5.3, the City shall permit La Pianta to use said portions of the right of way and
existing detention pond for such purpose prior to conveying ownership of such parcels to La
Pianta pursuant to Sections 4.10 and 4.11, provided however, La Pianta shall indemnify and hold
the City harmless for any claims or damages because of or arising out of La Pianta's use or
possession of this land, except to the extent caused by the negligence of the City, its employees
or agents. Before commencing the construction of the Green River Off Channel Habitat
Area, La Pianta shall provide temporary detention of stormwater from South 200 Street in place
of the removed stormwater pond until the South Facility is complete and operational.
4.4 Sanitary Sewer System. As outlined in the Tukwila South EIS, additional sewer
capacity may be required to serve the Tukwila South Project, as the Project develops. Sewer Lift
Station #2 may need to be upgraded to create sufficient pumping capacity; and the force sewer
main along Andover Park West from Minkler Ave to Strander Blvd (the "Force Sewer Main
may need to be upgraded to provide sufficient capacity to carry the additional flows generated by
the Tukwila South Project. If at any time during the Term of this Agreement, a capacity analysis
of the system shows that any of the Sewer Lift Station #2, the Force Sewer Main, or any other
facility within the City's sanitary sewer system necessary to provide service to the Tukwila
South Property (each a "Facility is at 80% or more of its capacity, then the City shall promptly
initiate its standard process of planning, financing and construction for improvement to the
Facility (or more than one) necessary to provide adequate sanitary sewer service to accommodate
the Allowable Development. The City will finance the construction of the Facility through
bonds or any other source of City capital funding and /or through connection fees, sewer rates or
other charges to be paid by all the benefited ratepayers. If the City elects to form a Utility Local
Improvement District "ULID or other special district to pay for the Facility, La Pianta shall
execute a No Protest ULID Agreement for the formation of an ULID to provide improvements to
the sanitary sewer system as outlined herein. The No Protest agreement shall be in a form
acceptable to the City. La Pianta shall be responsible for paying citywide sewer system
connection charges and fees at the time of each building permit application, subject to the terms
of any applicable No Protest Agreement as described herein and La Pianta's participation in any
ULID or special district assessment.
Construction of the initial Southcenter Parkway sewer line serving the Tukwila South
Property will be included in the cost of the Southcenter Parkway Project, and therefore a portion
of the cost of the sewer improvements will be funded by sources other than the City. La Pianta
or Parcel Builders (hereinafter defined) shall pay sewer connection charges based on the total
project cost. Each sewer connection charge paid by La Pianta or a Parcel Builder for the initial
Southcenter Parkway sewer line shall be credited to La Pianta as O &M Revenue pursuant to
Section 4.8.3.
4.5 Parks and Open Space.
4.5.1 Bike/Pedestrian Trail. Within thirty (30) days of the effective date of the
annexation, La Pianta shall donate to the City an easement for a north -south trail system through
the Tukwila South Property from S. 180 Street to S. 204 Street, provided however, that the
City shall not permit the public to use the easement area until the later of: (i) three (3) years after
the conveyance of the easement, or (ii) completion of initial site grading and the Green River Off
Channel Habitat Area, but not later than four (4) years after the conveyance of the easement.
The width of the easement shall be at a minimuml4 feet or such greater width as may be
required under the City's Shoreline Master Program. The easement shall be delivered into the
Escrow. The bike /pedestrian trail shall be located along the Green River within the crown of the
levee. When the new levee is constructed, as contemplated by this Agreement, the easements
will be revised to follow the crown of the new levee configuration. La Pianta waives any credit
for this donation against any future park impact fee assessed against the Project and waives all
claims for just compensation pursuant to RCW 8.12 and State and Federal Constitutions. La
Pianta shall not be responsible for costs of construction or maintenance of any improvements
within the trail easement.
La Pianta will develop and submit to the City for approval a plan for trails and
bike /pedestrian connections within the Tukwila South Property. The Plan will identify the
general goals and objectives of a system of pedestrian connections for the Tukwila South
Property and will identify possible locations for eight (8) 14 foot wide pedestrian corridors and
connections from the bike /pedestrian trail described above through the Tukwila South Property,
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in locations approved by La Pianta, to off -site pedestrian trails and City rights -of -way. The eight
locations will include the City's existing trail connection points at South 180 Street, South 200
Street and South 204 Street. La Pianta will complete this plan and submit it for approval to the
Parks and Recreation Director by December 31, 2011.
4.5.2 Green River Pedestrian Bridle. La Pianta shall be responsible for
$500,000.00 toward the cost of construction of a pedestrian bridge across the Green River to the
Green River Trail and Briscoe Park (the `Bridge Any additional cost for this bridge project
and all permitting obligations shall be the responsibility of the City. Within thirty (30) days of
the date the City notifies La Pianta that the City will make application for a grant or grants for
any portion of the cost of construction of the Bridge, La Pianta shall provide to the City a letter
of credit in the amount of $500,000 pursuant to Section 4.8.4.3 of this Agreement. The letter of
credit shall have a term of one (1) year (or less than one year in the initial year, as set forth in
Section 4.8.4.4) and shall be renewed until the $500,000 payment is made to the City. In the
event that La Pianta fails to pay $500,000 to the City within thirty (30) days of the date the City
notifies La Pianta that any grant(s) have been awarded to the City, which grants, together with
other funds available to the City, will underwrite the full cost of construction of the Bridge, the
City may draw upon the letter of credit as provided in Section 4.8.4. The City will use best
efforts to obtain full funding to provide the additional funding necessary to complete
construction of the Bridge project. If the City is unable to obtain grant funding for construction
of the Bridge within five (5) years of the date of this Agreement, then La Pianta shall pay
$500,000 in cash to the City within thirty (30) days after such date, or the City may thereafter
draw upon the letter of credit as provided in Section 4.8.4. If the City is unable to secure
adequate funding for the Bridge, the City may utilize the $500,000.00 for general park facilities
within the Tukwila South area. La Pianta waives credit for this donation against any future park
impact fee assessed for the Tukwila South Project and waives any claim for just compensation
pursuant to RCW 8.12 and the State and Federal Constitutions. The City and La Pianta
acknowledge that construction of the Bridge will occur after December 31, 2012 when
significant development has occurred within the Tukwila South Project. Prior to commencement
of construction of the Bridge project, La Pianta shall grant to the City an easement in
commercially reasonable form on a portion of the Tukwila South Property for the purpose of
installing and maintaining bridge supports and touchdowns (the "Bridge Easement The area
of the Bridge Easement shall not exceed 3,000 square feet and shall be located subject to mutual
agreement of the parties, provided such location shall be within the river buffer of the City's
Shoreline Master Program. If the City has obtained funding and is commencing construction of
the bridge, La Pianta shall grant the Bridge Easement within thirty (30) days of the City's
request.
4.5.3 Donation of Levee Easements. La Pianta will grant permanent easements,
at no cost to the City, on property under its ownership, to the City of Tukwila for improvements
to the City's levee system on the west side of the Green River. The easements will be sized to
accommodate (i) an overall slope gradient of 2.5:1 on the river side of the levee from S. 196
Street to S. 204 Street; (ii) a slope gradient of 2:1 on the landward side of the levee from S.
196 Street to S. 204 Street and on both sides of the levee from S. 180 Street to S. 196 Street
and (iii) a 14- foot -wide levee crown. In each case, the easement area to be granted will
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commence at the waterside toe of the existing levee. If levee improvements are made before
redevelopment in the existing Segale Business Park, the levee improvements shall not
unreasonably interfere with La Pianta's use of the existing Segale Business Park. "Unreasonably
interferes" shall be deemed to include, without limitation, any restriction on the use of the
existing buildings or the paved areas around them. If it is determined that additional easement
area is needed, the City will negotiate with La Pianta or take necessary legal action to acquire the
additional easement. The easements referenced in this section shall be delivered to the Escrow
within thirty (30) days of the effective date of the annexation.
4.6 Fire Service.
4.6.1 Voluntary Fire Impact Fee. Pursuant to RCW 82.02.020, La Pianta agrees
to voluntarily pay a fire service mitigation fee of $0.50 per square foot for commercial/industrial
development and $500.00 per dwelling unit for residential development. If the City adopts a fire
impact fee pursuant to RCW 82.02 or other enabling legislation, those impact fees will apply to
the Tukwila South Project, replacing the fee set forth above, and will be assessed at the time of
building permit issuance. In either case, La Pianta will not be assessed an impact fee for new
development which replaces existing building square footage, currently served by Tukwila Fire,
if redeveloped.
4.6.2 Donation of Land for Fire Station. La Pianta shall donate to the City up to
three (3) acres of undeveloped land along Southcenter Parkway south of South 180 Street for
future use as a fire station. The location of the specific property must be mutually acceptable and
the property shall meet the following criteria of the City: (1) Able to accommodate a 25,000 gsf
building, parking and outdoor storage (more specific detail will be provided by the City's
architect no later than 180 days after execution of this Agreement); (2) level topography; (3)
rectilinear site; (4) clear title (i.e., subject to liens and encumbrances approved by the City,
created under this Agreement, or which are not inconsistent with the City's intended use); (5)
soils capable of bearing the load of the proposed fire station without shoring, bracing, piling, or
other extraordinary construction methods, and containing no hazardous substances; (6) direct
access onto an arterial street; (7) located in the vicinity of S. 180 Street, but outside the
shoreline environment. La Pianta shall transfer such property to the City in its as -is, where -is
condition, without warranties other than good title. No credit will be given against any fire
impact fee for this land donation. The parcel will be identified and agreed upon, and the deed
therefore shall be delivered to the Escrow, prior to the City Council's adoption of the ordinance
vacating existing Frager Road, as provided in Section 4.11 below. La Pianta will be responsible
for all closing and escrow costs associated with this land donation. La Pianta waives any credit
for this land donation against any fire impact fee assessed under the Tukwila Municipal Code.
For the purpose of the real estate excise tax, the City acknowledges that the transfer of property
pursuant to this section shall be for a "public use in connection with the development of real
property" as provided under WAC 458 -61A -205. The City agrees to cooperate with La Pianta to
implement modifications to the boundaries of the fire station parcel (prior to commencement of
construction of the fire station) to promote logical development of adjacent lands by La Pianta,
as long as such modifications are consistent with the parameters set forth above.
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4.7 Impact Fees. Nothing in this Agreement shall preclude the City from assessing
duly enacted impact fees to this Project at the time of building permit issuance.
4.8 City Revenues and Costs: La Pianta Financial Guarantees.
4.8.1 Operations and Maintenance Services. Pursuant to the protocols set forth
in Section 4.8.3, the City will track the following revenue generated from the Tukwila South
Property (including all use and development thereon): sales tax, real estate excise taxes, utility
taxes, franchise fees, business license revenues, commercial parking taxes, hotel /motel tax,
admission tax, where those taxes and/or fees are paid by the owners of property or businesses
developed as part of the Tukwila South Project (collectively, the "O &M Revenue provided,
however, that if the Washington State Department of Revenue begins to report liquor excise
taxes, motor vehicle excise taxes and/or fire insurance premium taxes in such a way that they can
be identified as having been generated from the Tukwila South Property, then each of those taxes
that is so reported shall be included in O &M Revenue. The O &M Revenue will not include any
property tax revenue from the Tukwila South Property, or any revenue from any business or land
use existing or in operation on any portion of the Tukwila South Property as of the date of this
Agreement.
The City will also track expenditures related to providing operations and
maintenance public services to new development within the Project and pre construction
expenses related to the Project, including without limitation, the provision of police, fire, public
works and parks services allocable to new development at Tukwila South, the pro -rata capital
costs for such services (not covered by impact fees), and the pro -rata operations and maintenance
expenses related to the Southcenter Parkway Project once completed (collectively, the "O &M
Expenses The City covenants to use commercially reasonable efforts to minimize the O &M
Expenses during the Term of this Agreement (i.e., the same efforts the City uses to minimize its
O &M Expenses city- wide).
On or before March 31, 2010 and each March 31 thereafter, the City shall provide
to La Pianta an Annual Statement (hereinafter defined). If for any year the Annual Statement
shows that O &M Expenses have exceeded O &M Revenue, La Pianta shall pay the difference to
the City within thirty (30) days of receipt of the Annual Statement "O &M Guarantee If for
any year the Annual Statement shows that O &M Revenue has exceeded O &M Expenses, the
City is not prohibited from using the excess funds for general City purposes.
If La Pianta requests an audit of an Annual Statement pursuant to Section 4.8.3, it
shall nonetheless pay to the City any amount shown to be due by the Annual Statement within
thirty (30) days of receipt of the Annual Statement, and if the audit shows an error in the Annual
Statement then the City shall refund to La Pianta any sums it has paid that were not due pursuant
to this Section 4.8.1, or La Pianta shall make any additional payment due, in either case within
thirty (30) days of the Accountant's decision.
$12,000,000.
La Pianta's total obligation under this section 4.8.1 shall be limited to
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4.8.2 General Obligation Bonds and Increased Property Tax Revenues.
Pursuant to the protocols set forth in Section 4.8.3, the City shall track the Increased Property
Tax Revenues from the Tukwila South Property. For the purposes of this section, "Increased
Property Tax Revenues" shall mean the property tax revenue attributable to that property
annexed to the City of Tukwila pursuant to this Agreement.
If any Annual Statement shows that the Increased Property Tax Revenue in that
year is less than the annual debt service for the General Obligation Bonds in that year "Debt
Service Shortfall then La Pianta shall pay to the City within thirty (30) days of receipt of the
Annual Statement a sum equal to the Debt Service Shortfall. However, notwithstanding the
foregoing, (a) the City shall be responsible for debt service on the first $6,000,000 of bonds, and
(b) La Pianta's yearly obligation under this Section 4.8.2 shall not in any year exceed a sum
equal to the difference between the total annual debt service on the General Obligation Bonds in
that year minus the debt service on $6,000,000 of those bonds in that year. If, for any year, the
Annual Statement shows that Increased Property Tax Revenue has exceeded the City's annual
debt service for the General Obligation Bonds in that year, the City is not prohibited from using
the excess funds for general City purposes.
For example, if the City issues General Obligation Bonds totaling $7,000,000, the
City will be responsible for the first six sevenths of the debt service ($6,000,000 divided by
$7,000,000) in each year, whether or not the Increased Property Tax Revenues are sufficient to
fully provide for that portion of the debt service. If there is no Debt Service Shortfall in a given
year, the City will be responsible for all of the debt service in that year. If, in this example,
however, there is a Debt Service Shortfall in a year, then for that year La Pianta will be
responsible for the Debt Service Shortfall up to one seventh of the debt service on those General
Obligation Bonds and must make a shortfall payment to the City in that amount. In no event will
the City issue more than $8.25 million of General Obligation Bonds.
If La Pianta requests an audit of an Annual Statement pursuant to Section 4.8.3, it
shall nonetheless pay to the City any amount shown to be due by the Annual Statement within
thirty (30) days of receipt of the Annual Statement, and if the audit shows an error in the Annual
Statement then the City shall refund to La Pianta any sums it has paid that were not due pursuant
to this Section 4.8.2, or La Pianta shall make any additional payment due, in either case within
thirty (30) days of the Accountant's decision.
4.8.3 Proiect Revenue /Citv Expenditures Protocols. Within thirty (30) days of
execution of this Agreement, the parties will meet and confer regarding the development of
accounting protocols for tracking Project revenue and City expenditures related to the Tukwila
South Project, as required under this Section 4.8. Within thirty (30) days of said meeting, the
parties shall retain the services of a mutually agreeable certified public accountant with expertise
in municipal accounting (the "Accountant With the assistance of the parties, the Accountant
will develop protocols for tracking revenue and expenditures consistent with the terms of this
Section 4.8. The protocols will be developed and will be reduced to writing in the form of a
memorandum of understanding signed by both parties within one hundred eighty (180) days of
the retention of the Accountant. Each party will share equally the cost for the Accountant's
services outlined in this section. In the event that the parties do not execute the memorandum of
understanding documenting the accounting protocols within one hundred eighty (180) days of
the retention of the Accountant, this Agreement shall terminate.
On or before March 31, 2010 and each March 31 thereafter, the City shall prepare
a statement "Annual Statement showing the O &M Revenue, O &M Expenses, O &M
Guarantee, the Increased Property Tax Revenues, the annual debt service for the General
Obligation Bonds, any Debt Service Shortfall, and the portion of any Debt Service Shortfall
which La Pianta has guaranteed under the terms of this Agreement, consistent with the protocols
set forth in the memorandum of understanding. If La Pianta questions the City's determination
of any of the items set forth in the Annual Statement for the prior calendar year, La Pianta may
request an audit of the disputed matter from the Accountant who developed the protocols, or his
or her designee. Within thirty (30) days of La Pianta's request, the Accountant shall review the
Annual Statement and La Pianta's dispute therewith, and render a decision based on generally
accepted governmental accounting practices, the protocols, and the terms of this Agreement.
The Accountant's decision shall be final and binding on the parties, excepting manifest error by
the Accountant. The parties agree to cooperate in good faith with the Accountant concerning any
requests for information or documentation to resolve the issue. If there is a variance of 10% or
more between the Accountant's decision and the City's determination of revenue or
expenditures, the City shall pay the cost of the audit. If the variance is less than 10 La Pianta
shall pay the cost of the audit.
4.8.4 Security for La Pianta's Financial Guarantees.
4.8.4.1 O &M Guarantee.
4.8.4.1.1 O &M Collateral.
La Pianta's obligation under Section 4.8.1 (not to exceed $12,000,000) shall be
secured during the Term of this Agreement by collateral comprised of: (i) an irrevocable standby
letter of credit naming the City as beneficiary "O &M LC and (ii) a first -lien deed of trust on
Building No. 931 located in Segale Business Park, which is currently occupied by Qwest
Communications Corporation "O &M Deed of Trust If La Pianta fails to pay timely any
amount due under Section 4.8.1, the City may draw upon the O &M LC and/or foreclose on the
O &M Deed of Trust as provided in this Section 4.8.4.
4.8.4.1.2 O &M LC.
(a) The O &M LC shall be in the form, and meet
the requirements, set forth in Section 4.8.4.4 below. The O &M LC shall be in the sum of
$6,000,000 and shall_be delivered to the Escrow Agent following Boundary Review Board action
on the annexation described in Section 4.1 but no later than 10 days before the date on which the
City Council is scheduled to take final action on the annexation at a public meeting. To the
extent La Pianta makes any payments to the City under the O &M Guarantee, then the amount of
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the letter of credit shall be reduced by 50% of the total of such payments, and the credits set forth
in Section 4.4, except that the amount of the O &M LC shall not be less than $2,000,000 at any
time during the Term. The amount of the O &M LC shall be determined annually pursuant to the
foregoing upon renewal. If a longer term O &M LC is provided, the amount shall be recalculated
annually on the anniversary of the initial issuance date and may be adjusted at that time. If La
Pianta is not required to make any payments to the City under the O &M Guarantee, then at any
time, and from time to time, during the last five (5) years of the Term, the parties may agree to a
reasonable reduction in the amount of the O &M LC, taking into consideration the remaining
Term of this Agreement, the historical receipt of O &M Revenue by the City, the likely
obligation of La Pianta pursuant to the O &M Guarantee, the security provided under the O &M
Deed of Trust, and all other relevant factors.
(b) Failure of La Pianta to provide and maintain
the O &M LC at the time and in the amount required by this Section 4.8.4.1, where such failure
continues after written notice from the City specifying the nature of the default and 20 days'
opportunity to cure, shall entitle the City to accelerate that portion of the O &M Guarantee
obligation represented by the amount of the O &M LC, draw on the O &M LC, and deposit the
amount drawn "O &M Deposit into an escrow account with the Escrow Agent described in
Section 4.8.4.6 (the "Escrow Agent except that in the case of a failure to provide a
replacement of the O &M LC no later than 15 days prior to its stated expiration, no notice and
opportunity to cure shall be required prior to a City draw on the O &M LC. The City may
subsequently draw upon the O &M Deposit if La Pianta shall default on its obligations under the
O &M Guarantee. If the City shall draw on the O &M Deposit at any time during the Term of this
Agreement, La Pianta shall, within 30 days of notice by the City, restore the O &M Deposit to the
amount required at the time the O &M Deposit was established. Upon expiration of the Term,
any remaining funds held in the escrow account, including any remaining accrued interest, shall
be released to La Pianta. La Pianta's obligation to provide the O &M LC, and the City's remedy
for failure to provide the O &M LC, shall not be subject to the Dispute Resolution Process set
forth in Section 7 of this Agreement.
4.8.4.1.3 O &M Deed of Trust.
(a) The remaining $6,000,000 of La Pianta's
total potential liability under the O &M Guarantee shall be secured by the O &M Deed of Trust.
The O &M Deed of Trust shall be in the form attached to this Agreement as Exhibit 8 and shall
be delivered to the City at the same time that the O &M LC is delivered to the Escrow Agent. La
Pianta shall have the right, to substitute as security from time to time one or more deeds of trust
in the same or similar form on other real estate acceptable to the City in the exercise of
reasonable discretion, so long as the unencumbered value of the substituted collateral is equal to
or greater than $9,000,000 as shown by a current appraisal performed by a neutral appraiser
having no less than 10 years' experience appraising commercial property in the area in which the
real estate is located, with appraisal cost shared equally between the parties. Any permitted
substitute deed of trust given under this Section 4.8 shall be delivered to the City in an escrow
arrangement (the cost of which shall be paid by La Pianta) that provides for delivery and
recording of the substitute deed of trust simultaneously with release of the original deed of trust.
06/10/2009 -18-
Substituted collateral must be located in the State of Washington, shall have an appraised value
of nine million dollars ($9,000,000) or more, shall be income producing, shall be improved by
structures of a quality that is the same as or similar to the improvements existing on the land
encumbered by the initial deed of trust, and shall be of a character suitable as collateral for a
substantial commercial loan from a recognized commercial real estate lender. The City shall not
have the right to unreasonably reject proposed substitute collateral, and the characteristics listed
in the previous sentence will be relevant in determining reasonableness of a City rejection.
(b) In the event of a default that entitles the City
to foreclose on the O &M Deed of Trust, then the O &M Deed of Trust shall provide that there
shall be no default entitling the City to foreclose the O &M Deed of Trust until (1) La Pianta shall
have failed after notice and 20 days to cure to pay the sum(s) required under the terms of this
Agreement, (2) the City has drawn on the letter of credit (or cash deposit) securing the obligation
in default to the maximum amount of the letter of credit (or cash deposit) and has applied the
sum(s) so drawn to the obligation in default, and (3) there remains outstanding an additional sum
due under the terms of this Agreement for which the deed of trust has been granted as security.
4.8.4.2 Southcenter Parkway Project General Obligation Bonds Guarantee.
La Pianta's obligation pursuant to Section 4.8.2 of this Agreement to
guarantee a portion of the General Obligation Bonds (the "Bond Guarantee shall be secured
during the Term of this Agreement by a separate irrevocable standby letter of credit naming the
City as beneficiary "SCPW LC The amount of the SCPW LC shall be determined annually
as of January 1 of each calendar year during the Term of this Agreement, and shall initially be in
the amount of $185,000, and, upon issuance of the General Obligation Bonds, shall be adjusted
to an amount equal to twice the average annual debt service on the Bonds for that portion of the
General Obligation Bonds that exceeds $6,000,000. The SCPW LC shall be delivered to the
Escrow Agent before the date on which the City awards the contract for construction of the
Southcenter Parkway Project. If La Pianta fails to pay timely any amount due under Section
4.8.2, the City may draw upon the letter of credit as provided in this Section 4.8.4.
Failure of La Pianta to provide and maintain the SCPW LC at the time and
in the amount required by this Section 4.8.4.2, where such failure continues after written notice
from the City specifying the nature of the default and 20 days' opportunity to cure, shall entitle
the City to accelerate that portion of the Bond Guarantee that is represented by the amount of the
SCPW LC, draw on the SCPW LC, and deposit the amount drawn "SCPW Deposit into an
escrow account with the Escrow Agent, except that in the case of a failure to provide a
replacement of the SCPW LC no later than 15 days prior to its stated expiration, no notice and
opportunity to cure shall be required prior to a City draw on the SCPW LC. The City may
subsequently draw upon the SCPW Deposit if La Pianta shall default on its obligation under the
Bond Guarantee. If the City shall draw on the SCPW Deposit at any time during the Term of
this Agreement, La Pianta shall, within 30 days of notice by the City, restore the SCPW Deposit
to the amount required at the time the SCPW Deposit was established. Upon expiration of the
Term, any remaining funds held in the escrow account, including any remaining accrued interest,
shall be released to La Pianta. La Pianta's obligation to provide the SCPW LC, and the City's
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remedy for failure to provide the SCPW LC, shall not be subject to the Dispute Resolution
Process set forth in Section 7 of this Agreement.
4.8.4.3 Other Secured Obligations.
For each of the remaining obligations of La Pianta under this Agreement
for which security is required specifically, (i) the letter of credit required pursuant to Section
4.3.4.1 in the amount of 110% of La Pianta's portion of the Highline Work (the "Highline Work
LC (ii) the letter of credit required pursuant to Section 4.3.4.2 in the amount of 110% of the
City's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 74 (the "PSE
Work LC and (iii) the letter of credit required pursuant to Section 4.5.2 in the amount of
$500,000 (the "Bridge LC La Pianta shall provide to the City an irrevocable standby letter of
credit naming the City as beneficiary. The Highline Work LC and the PSE Work LC shall be
delivered to the Escrow Agent at the same time that the SCPW LC is delivered, which shall be
prior to the award of the construction contract for the Southcenter Parkway Project. The Bridge
LC shall be delivered to the Escrow Agent no later than thirty (30) days after the date the City
notifies La Pianta that the City will make application for a grant or grants for any cost of
constructing a pedestrian bridge across the Green River to connect Tukwila South to Briscoe
Park. Only upon La Pianta paying the amount due in fulfillment of an obligation secured by one
of the foregoing letters of credit, the City shall release the letter of credit for that obligation, and
La Pianta's obligation to provide that letter of credit shall terminate.
Failure of La Pianta to provide and maintain any letter of credit at the time
and in the amount required by this Section 4.8.4.3, where such failure continues after written
notice from the City specifying the nature of the default and 30 days' opportunity to cure, shall
constitute a default with respect to the obligation secured by that letter of credit "Secured
Obligation in Default except that in the case of a failure to provide a replacement letter of
credit no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall
be required prior to a City draw on the letter of credit for which no replacement has been
delivered. The default shall entitle the City to draw on the letter of credit securing the Secured
Obligation in Default, and deposit the amount drawn into an escrow account with the Escrow
Agent. The City may subsequently draw upon that deposit if La Pianta shall default in the
obligation so secured. Upon expiration of the Term or fulfillment of the obligation so secured
(whichever shall first occur), any remaining funds held in the escrow account, including any
remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide any
letter of credit under this Section 4.8.4.3, and the City's remedy for failure to provide a letter of
credit under this Section 4.8.4.3, shall not be subject to the Dispute Resolution Process set forth
in Section 7 of this Agreement.
4.8.4.4 General Terms and Conditions for the Letters of Credit.
Each letter of credit provided under this Section 4.8.4 (including the O &M
LC, the SCPW LC and each letter of credit provided pursuant to Section 4.8.4.3) shall be in form
substantially similar to Exhibit 9. Each letter of credit shall be issued by Bank of America or, at
La Pianta's option, another financial institution having a branch in the State of Washington that
06/10/2009 -20-
06/10/2009 -21-
is reasonably acceptable to the City; provided, however, that the City shall not withhold its
consent to any institution having a long term debt rating of at least A from Standard and Poor's
Corporation, or at least Aa3 from Moody's Investors Service. Each letter of credit shall have at
least a one -year term (except that any initial letter of credit may have a shorter term so that when
all letters of credit have been issued they will expire simultaneously), and La Pianta shall provide
the City with a replacement letter of credit 15 days prior to the expiration of the respective letter
of credit, or within 90 days after the downgrade of an existing letter of credit below the long term
debt rating set forth above. Each letter of credit shall provide that it will be honored by
presentation or at sight at an office of the issuer upon presentation of a certificate signed by the
City stating that (i) La Pianta has defaulted on an obligation under this Agreement that is secured
by the letter of credit and (ii) the City is entitled to draw on the letter of credit. If any letter of
credit is drawn by the City because of La Pianta's failure to provided a replacement letter of
credit 15 days prior to the expiration of the existing letter of credit, or within 90 days after the
downgrade of an existing letter of credit below the long term debt rating set forth above (each
draw resulting in a "Deposit" pursuant to the terms of this Section 4.8), then within five (5) after
delivery to the Escrow Agent of a replacement letter of credit that complies with the
requirements of this Section 4.8, the resulting Deposit shall be refunded to La Pianta except to
the extent (if any) that the City shall have drawn upon the Deposit pursuant to the terms of this
Agreement.
4.8.4.5 Specific Remedy under Section 4.8.4.
The City shall have the right to specific performance of La Pianta's
obligations under this Section 4.8.4.
4.8.4.6 Escrow and Escrow Aaent.
An escrow shall be established as set forth herein (the "Escrow The
Escrow Agent initially shall be The Bank of New York Mellon Trust, N.A. The Escrow Agent
shall hold funds as provided in Section 4.8.4.1.2 and in this Section 4.8.4.6, and various deeds
and easements as provided in this Agreement, pursuant to a written escrow agreement among the
Escrow Agent, La Pianta and the City to be agreed by the parties within one hundred twenty
(120) days after full execution of this Agreement. The Escrow Agent selected by the parties may
be replaced by another financial institution with trust powers that has a branch in Seattle,
Washington, selected by the City and approved by La Pianta (which approval shall not be
unreasonably withheld). The Escrow Agent shall hold each of the letters of credit on behalf of
the City and shall receive deposits of amounts and deliveries of documents as set forth in this
Agreement. Upon the direction of the City, the Escrow Agent shall present and make draws on
the letters of credit described in Section 4.8.4.1.1, Section 4.8.4.2 and Section 4.8.4.3. The
Escrow Agreement shall also provide that the Escrow Agent shall, with or without direction from
the City, draw the full amount of any letter of credit that is not replaced or extended on or before
the date that is 15 days prior to the expiry date of that letter of credit. Upon any such
withdrawal, the Escrow Agent will hold the amount drawn as an O &M Deposit, an SCPW
Deposit or a deposit made pursuant to Section 4.8.4.3 and apply such amounts on deposit
consistent with this Agreement. If this Agreement is not terminated following the Outside
06/10/2009 -22-
Approval Date (as defined in Section 4.2 above), the Escrow Agent shall deliver all deeds and
easements in the Escrow to the City for recording, with the exception of the deed to the fire
station parcel pursuant to Section 4.6.2, which shall be delivered to the City at its request
following adoption of the ordinance vacating existing Frager Road. The parties shall share
equally the cost of the Escrow Agent for services performed pursuant to this Agreement.
4.9 Grading Permit Review. The City will complete review and issue a determination
regarding La Pianta's Clearing and Grading permit application for the Tukwila South Project
within 30 days of determining that such application is complete for areas outside of the shoreline
jurisdiction. For areas within the shoreline jurisdiction, La Pianta shall submit a Shoreline
Substantial Development Permit along with the Clearing and Grading Permit. The City will
promptly review the Shoreline Substantial Development Permit, and forward its decision to the
Department of Ecology for review. The City will complete review of the Clearing and Grading
permit application within thirty (30) days and issue a decision after the expiration of the
Department of Ecology's review period for the Shoreline Substantial Development permit. La
Pianta shall segregate the Clearing and Grading permit application into separate applications for
those portions of the Tukwila South Project inside and outside the 200 -foot shoreline
environment, respectively, and the City shall review and issue such separate permits
independently. These grading permit applications shall not operate to vest La Pianta to the SMP
or any Floodplain Regulations.
4.10 South 178 Street Proiect. The Administration of the City shall recommend to
the City Council that the realignment of South 178 Street, as depicted in the 90% construction
drawings, be added to the City's Capital Improvement Plan.
4.11 Vacation of Frager Road/Southcenter Parkway and the City Triangular Parcel.
Pursuant to RCW 35.79.010, the City has by resolution initiated a vacation of (i) that portion of
Frager Road/Southcenter Parkway described in Exhibit 7, attached hereto, and (ii) the "City
Triangular Parcel," which is more particularly described in Exhibit 6 of this Agreement. The
City agrees that there will be no remaining public use or benefit to that portion of Frager
Road/Southcenter Parkway described in Exhibit 7 and the City Triangular Parcel, following
dedication of the Southcenter Parkway right -of -way as set forth in Section 4.3.2 above.
Therefore, the City shall, simultaneous with La Pianta's dedication of the Southcenter Parkway
right -of -way set forth in Section 4.3.2 above, vacate Frager RoadlSouthcenter Parkway and the
City Triangular Parcel at no cost to La Pianta and the other adjoining landowners, as applicable.
The conveyance of the property to La Pianta pursuant to the vacation will occur within thirty
(30) days after the completion of the Southcenter Parkway Project.
4.12 Transfer of the City Detention Pond. The City hereby determines that there is no
remaining public use or benefit to the following property and shall transfer to La Pianta, free and
clear of all encumbrances and for no additional consideration, in its as -is, where -is condition, the
"City Detention Pond," which is more particularly described in Exhibit 6 of this Agreement.
Subject to the terms set forth in Section 4.2.5, the City shall convey the City Detention Pond
within thirty (30) days of the completion of the annexation. The City shall undertake all
necessary actions required to declare said parcel surplus, and convey the parcel to La Pianta in
the manner required by law.
5. Development Under This Agreement.
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The Tukwila South Project will be developed under the jurisdiction of the City pursuant
to the terms and conditions of this Agreement. This Agreement sets forth the development
standards, mitigation measures, and other conditions of development for the Project. Proper
operation and maintenance of surface water management systems, adequate sewer service
capacity, adequate public safety facilities and services, and adequate transportation facilities will
be fully satisfied through La Pianta's compliance with the requirements of this Agreement.
Provided La Pianta satisfies its obligations under this Agreement as such obligations may arise,
the City shall provide on a timely basis the necessary City public infrastructure specified in this
Agreement needed to support build -out of the Project, subject to the condition of securing the
necessary funds to construct such improvements and City Council approval for such
improvements.
5.1 Native Growth Protection Areas (NGPA). No development shall be permitted to
occur in a Native Growth Protection Area except trails, the Orillia Road Connector and utilities,
including, but not limited to, electrical transmission lines, placement of which must be approved
by the City; water and sewer system lines; access roads for levy maintenance. Clearing
limitations within NGPA areas shall be those identified in the existing Tukwila Municipal Code,
subject to the provisions of this Section 5.1. Clearing and ground disturbing activities associated
with mitigation activities are permitted, with City permits. Once the Sensitive Areas Master Plan
is implemented and mitigation areas are enhanced, restored, or created, NGPAs shall be left
permanently in an undisturbed vegetated state and shall not be cleared or improved except as
necessary to (1) prune or remove dead or diseased trees, and vegetation reasonably adjacent to
developed areas of the Tukwila South Property, (2) remove invasive or exotic vegetation, (3)
prune or remove trees or other vegetation presenting a threat to life or safety or growing over
roadways, levees, drainage ditches, trails, or other corridors that must be kept clear, or (4)
maintain mitigation areas; or (5) permit the work expressly described in this Section 5.1. For the
purposes of this Agreement, the NGPAs on the Tukwila South Property are identified in Exhibit
3 attached hereto.
5.2 Vesting of Development Regulations. The proposed development as described in
this Agreement shall vest to the following development regulations in effect on the date of
execution of this Agreement (the "Development Regulations for the Term of this Agreement:
The Tukwila Comprehensive Plan (Ord No. 2070 adopted November 22, 2004, as
amended by Ordinance 2218 adopted December 15, 2008); the Tukwila Zoning
Ordinance (Title 18, TMC); the Tukwila Subdivision Ordinance (Title 17, TMC);
Shoreline Master Program designations and pre- designations, transportation concurrency
regulations; stormwater, surface water treatment and quality, and surface water retention
and detention design standards and ordinances (including the requirement of the NPDES
permit effective February 2007); SEPA regulations and substantive SEPA policies.
5.3 Transportation.
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Development of the Property shall not be subject, during the Term of this Agreement, to
any amendments to, or replacements of, the Development Regulations listed above. These are
rights vested under state law for purposes of RCW 36.70A.300 (3)(a). In accordance with
Section 3.5 above, La Pianta will comply with the provisions of the SMP and the Floodplain
Regulations in effect on the date of each complete development permit application.
5.2.1 Police Power/Pre emotion. Nothing herein relieves La Pianta of any
obligations it may have during the Term to comply with state or federal laws or regulations of
any kind, including but not limited to those related to storm, surface water and floodplain
management. The proposed development shall not be vested against the application of
development standards that are imposed by virtue of state or federal pre emption of the City's
regulatory authority. As provided by RCW 36.70B.170(4), the proposed development shall not
vest against new development regulations to the extent the new regulations are required by a
serious threat to public health and safety.
5.2.2 International Codes. The International Building Code, International Fire
Code, and other construction codes in effect in the State of Washington as of the date of the
filing of a complete application for a building permit shall apply to all new development and the
redevelopment or modification of existing development.
5.2.3 Scope of Vesting. The vesting described herein shall apply for fifteen (15)
years from the effective date of the annexation provided in Section 4.1 (the "Term" of the
Agreement). For those development standards not specifically enumerated in this section or in
Section 5.2.1, the Land Use Process approvals shall be governed by the City codes and standards
in effect upon the date of complete application.
5.2.4 FEMA. La Pianta is obligated to comply with applicable FEMA National
Flood Insurance Program regulations that are in effect at the date of any building, grading or
clearing permit application.
5.2.5 Optional Regulations. During the Term of this Agreement, La Pianta may
at its option develop the Property or portions thereof in accordance with new code provisions or
generally applicable standards for that subject adopted after the date of execution of this
Agreement, without the obligation to bring other portions of the Property into conformance with
newly- adopted codes or regulations.
5.3.1 Concurrencv Approval. Pursuant to TMC 9.48 and TMC 21.04, the City
has determined that the Tukwila South Project, up to the Trip Ceiling (hereinafter defined),
meets the City's standards for transportation concurrency approval and mitigates significant
adverse impacts to the City's transportation system; provided that the Tukwila South Project
must be developed in compliance with the terms of this Agreement, including compliance with
requirements that La Pianta pay transportation impact fees applicable at the time of building
permit issuance.
5.3.2 Trin Ceiling for Tukwila South Project. New development within the
Tukwila South Project under this Agreement is limited to new development generating net new
p.m. peak hour vehicle trips (inbound and outbound) "Net New Trips not exceeding the Trip
Ceiling. New development within the project exceeding the Trip Ceiling shall be subject to
mitigation and concurrency requirements applicable at the time of application. The number of
Net New Trips for the Project for which full mitigation and concurrency approval is established
under this Agreement (the "Trip Ceiling shall be 10,166 Net New Trips from new
development, comprising not more than 2,646 Net New Trips inbound to the Project and not
more than 7,520 Net New Trips outbound from the Project. The methodology for determining
Net New Trips for any phase of the Tukwila South Project (including assumed values for trip
generation and percentages for trip reductions) shall be as set forth in the Transportation Impact
Study incorporated in the Tukwila South EIS for the Tukwila South Project. Trip counts shall be
estimated at the perimeter of the Project site; trips internal to the Project shall not count against
the Trip Ceiling Transportation impact fees shall apply only to the Net New Trips allocated to
the proposed new development. Subject to the provisions of this Agreement, these 10,166 Net
New Trips shall be reserved by the City for use by La Pianta hereunder for the Term of this
Agreement. If La Pianta is in compliance with the requirements of this Section, La Pianta will
only be required to produce a trip generation study for each development project in order to
identify the associated Net New Trips for that project.
(a) Construction of Orillia Road Connector. La Pianta shall construct
at its own expense a new 4 -lane arterial connector between Orillia Road S. and Southcenter
Parkway Extension "Orillia Road Connector La Pianta shall complete construction of the
Orillia Road Connector within 6 years of the time 7500 Net New Trips are generated by the
Project (the "Orillia Road Completion Date After the Orillia Road Completion Date, no Net
New Trips from the remainder of the Trip Ceiling may be used by La Pianta until this
improvement is completed and accepted by the City. La Pianta shall, at its own cost, obtain all
state, federal, and local permits and approvals required for the Orillia Road Connector. Subject
to applicable laws and ordinances and the terms and conditions of this Development Agreement,
the City agrees to cooperate with La Pianta in obtaining such permits and approvals. The Orillia
Road Connector will consist of four lanes. A diagram of the Orillia Road improvement is
attached hereto as Exhibit 10.
(b) If the Orillia Road Connection, required hereunder cannot be
constructed within the time frame set out herein for reasons outside the control of La Pianta, then
if La Pianta desires to continue with new development absent the construction of either of this
improvement, La Pianta may, as an alternative to construction of the Orillia Road Connector (i)
reduce or defer the amount of development proposed in the Project; (ii) implement
Transportation Demand Management (TDM) strategies and/or (iii) construct other transportation
system improvements "Alternative Mitigation The City shall approve such Alternative
Mitigation if, with such Alternative Mitigation in place, the Project passes a test under the City's
transportation concurrency requirements, applying the requirements of TMC 9.48 and the City's
traffic concurrency ordinance. Provided that under no circumstance can the cap of 10.3 million
square feet of new building floor area (as that term is defined in Section 3.1) be exceeded by
implementing TDM strategies or Alternative Mitigation measures.
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5.3.3 Credit for Existing Tries. As described in the Tukwila South EIS, the
existing development on the Project site generates a total of 1,241 p.m. peak hour vehicle trips
(298 trips inbound and 943 trips outbound) "Existing Development Trips Existing
Development Trips shall not count against the Trip Ceiling, and are not subject to impact fees
hereunder. Existing Development Trips may be used as a credit against trip generation from new
development to the extent existing uses are permanently discontinued and/or existing structures
are removed "Credit Trips The existing development and Existing Development Trips are set
forth in Exhibit 11. La Pianta may allocate available Credit Trips to the proposed new individual
development, as development occurs.
5.3.4 No Additional Transportation Concurrence or SEPA Review Required.
Since the City has determined compliance with the mitigation requirements identified in this
Agreement satisfies transportation concurrency and substantive SEPA requirements for the
Tukwila South Project, no additional SEPA review or transportation concurrency review shall be
required for development that is within the Trip Ceiling for the Term of this Agreement, except
additional SEPA review may occur as set forth in Section 6.2 below.
5.4 Stormwater Regulation.
5.4.1 Description of Surface Water Control Facilities. The surface water control
facilities for the Project shall include:
5.4.1.1 Parcel storm drains. Parcel storm drains will provide collection
and conveyance of runoff from individual development parcels to a primary trunk storm drain
within Southcenter Parkway from S. 180 Street to S. 200 Street (the "Trunk Storm Drain
5.4.1.2 Trunk storm drain. The Trunk Storm Drain will drain into two
detention/water quality facilities the North Basin "North Facility and the South Basin
"South Facility and are more particularly described in Section 5.4.1.3. The North Basin will
outflow into the S. 180 Street Pump station, which will route stormwater either to the Green
River or into the P -17 Drainage Basin. The South Basin will outflow into the Green River.
Emergency overflow of the South Basin will be discharged to Johnson Creek.
5.4.1.3 Water aualitv treatment and detention facilities. The stormwater
control system includes two major water quality treatment and runoff control facilities (one each
in the north and south portions of the site). Each facility shall be constructed as a combined
water quality /detention ponds and sized to meet the water quality treatment and runoff control
requirements for the area being served, including the Expansion Areas.
The South Facility shall provide at least Level 1 flow control as defined in
the 2005 King County SWDM. The North Facility shall control the peak flow magnitude of
runoff to at or below 75% of the designed pumping capacity of the S. 180 Street Pump Station.
Both the North and South Facilities will be open ponds, and a preliminary design of the facilities
are set forth in the Tukwila South EIS. The water quality /detention facilities will operate to
06/10/2009 -26-
provide the required level of downstream peak flow control. The detention facilities will include
a dead storage component for water quality and a live storage component representing the
required detention volumes. The site development phasing may include phased construction of
detention and water quality facilities or the use of temporary facilities for the early site
development. Temporary use of the South Facility may also be used for site development within
the North Basin, provided that such use does not exceed the capacity of the South Facility.
5.4.2 Stormwater Standards. This Section specifies the surface water
management standards applicable to the Tukwila South Project during the Term of the
Agreement, including the existing Segale Business Park and the proposed Expansion Areas.
5.4.2.1 Vested Design Standards for Surface Water Control Facilities.
City of Tukwila Development Guidelines and Design and Construction Standards (Second
Edition, Revision 1, 2005) and the 1998 King County SWDM provide the approved methods for
the analysis and design of the surface water management components for the Project during the
Term of this Agreement, except for the South Facility where conservation flow control is
required under the 2005 King County SWDM, and except for those modifications listed in Table
1 (the "Stormwater Standards Where not otherwise specified, design standards of the 1998
King County SWDM will apply. The Stormwater Standards supersede any other applicable
TMC, SWDM, and basin/water quality plan requirements during the Term of this Agreement.
The Stormwater Standards include the Code Modifications specified in Table 1. Furthermore,
some adjustments in the natural location of discharge (including minor inter subbasin diversions
of runoff) will be permitted as a result of changes in development area drainage collection,
detention, treatment, and outfall locations. Other adjustments from the applicable SWDM,
design standards or other applicable surface water management regulations may be requested
during the site plan review process and evaluated in accordance with the criteria in TMC
18.41D.090. Nothing herein shall relieve La Pianta from any obligation to comply with
applicable state and federal stormwater regulations currently in effect or adopted in the future.
06/10/2009 -27-
SWDM
Manual
Section TMC
SWDM Core
Requirement
#1
SWDM Core
Requirement
#3
SWDM Core
Requirement
#8
TMC 14.30
Storm Water
Management
SWDM Manual
TMC Reference
Text
Discharge at the
Natural Location
"All surface and
storm water runoff
from a proposed
project that
proposes to
construct new, or
modify existing
drainage facilities
must be discharged
at the natural
location so as not
to be diverted onto,
or away from, the
adjacent
downstream
property..."
Flow Control
Level 1 flow control
identified for the
Site area of Tukwila
South
06/10/2009 -28-
TABLE 1. Code Modifications
Code Modifications
During development, Other minor on -site sub
minor changes to basin routing through
natural drainage shed detention ponds and
boundaries and discharges to on -site
tributary areas are wetlands etc. are not formal
inevitable due to variances from core
grading of roadways requirement #1 but shall be
etc. reviewed during the
Interpretation that preliminary plat technical
existing discharge review or the detailed
points to the Green engineering drainage
River do not constitute review.
separate "natural" The existing discharge
discharge points points are man installed
culverts through the levee
system. The Green River
is a "managed" flow system
and is a direct receiving
water above and below the
project site. Proposed
future discharge points
from post developed basins
will not pose an adverse
impact to the River.
The Manual
prescribed Level 1
flow control is not
proposed for the
North Basin runoff.
Basic Water Quality Sizing methods
Treatment Design utilizing the HSPF
Water quality model from the project
design flow per Master Drainage Plan
KCSWDM Sec.
6.2.1
TMC 14.30.070 All facilities would be
Standards requires in accordance with the
that all activities be 1998 King County
undertaken in Surface Water Design
accordance with the Manual, unless site
1998 King County constraints or other
Surface Water Design provisions such as
Manual LID require variation
to design specifics.
Rationale
All runoff from the North
Basin drains to City
stormwater pump stations.
The control of runoff and
stormwater detention
design is geared to the
capacity of these existing
pump stations. This is not
specifically listed in the
Manual as an allowed
exemption.
Would best meet the intent
of the design standard by
utilizing continuous
simulation and historic
data.
To allow for maximum
flexibility of the site, and
acknowledging the site
design particulars,
adequate water quality and
detention will be provided,
but may vary from Manual
design specifics.
5.4.2.2 Grading Ordinance Design Standard Modifications. The
following exceptions from Grading Ordinance No. 2062 shall apply to the Project during
the Term of this Agreement:
a. A significant tree survey and tree replacement plan are not required.
b. Slope grading Slope stability and slope grading limitations shall be
evaluated within site development areas based on geotechnical evaluation
and applicable codes.
c. A vegetative restoration plan is not required except for the wetland
mitigation portions of the NGPAs.
d. Project notification and permanent NGPA signs are required.
e. Points of drainage discharge are not limited to the nearest practicable
drainageway Required methods of managing natural discharge from
springs, streams, or other natural sources are to be defined in the approved
Master Stormwater Infrastructure Plan (hereinafter defined).
f. Proposed modifications to surface water management provisions are
governed by TMC 18.41D.090.
g. Any construction activities, including site grading and building, during wet
or dry seasons shall be allowed provided such activities meet with the
stormwater quality requirements set forth in the NPDES Permit.
5.4.2.3 Impervious Area Limitations. In the "Development Area
up to 85% of the developable area served by each stormwater facility may be covered
with impervious surfaces, unless otherwise altered with City approval in the design
phase. Expansion Areas described in Section 3.4 of the Development Agreement are
included in the impervious area calculations. The sizing of surface water control
facilities may be adjusted to reflect actual land use impervious areas in final design as
indicated in the final approved Master Stormwater Infrastructure Plan.
5.4.2.4 TESCP and NPDES Requirements for all Construction.
Temporary Erosion and Sedimentation Control Plans "TESCPs will use SWDM Best
Management Practices ("BMPs") to minimize the extent of soils disturbance in contact
with surface runoff during construction, and to maximize disturbed soil
stabilization/cover practices to reduce erosion potential. This will apply to both dry and
wet season construction. The TESCPs will be developed to comply with Core
Requirement No. 5 and Appendix D of the SWDM, and Department of Ecology
requirements as identified in the NPDES Permit. The TESCPs will be implemented in
Project grading permits, which shall be submitted for City review and approval. Multiple
TESCPs will be required to accommodate the phasing of site development. La Pianta
shall comply with all project inspection requirements concerning surface water TESC
plans that are set forth in the NPDES Permit.
06/10/2009 -29-
06/10/2009
5.4.3 Stormwater Infrastructure Development.
Mitigation Measures
1. A temporary stormwater treatment
system shall be installed per the
requirements of the 1998 King County
SWDM during the first construction season.
Prior to its completion, all stormwater from
construction or cleared areas shall be
retained on site.
2. Install a long -term construction
stormwater polymer treatment system.
3. Construct the elevation of the separating
berm between the Green River and the
Green River Off Channel Habitat Area
excavation to prevent Green River inflow to
the excavation during the high flow season.
4. Install a sediment curtain or similar
measures to minimize sediment release to
the Green River when the separating berm
between the Green River Off Channel
Habitat Area and the river is removed.
5. Prepare and implement the SAMP
wetland mitigation plan to compensate for
the filling of low -value wetlands.
6. Prepare and implement a fisheries
mitigation plan pursuant to the SAMP.
-30-
5.4.3.1 La Pianta Obligations. La Pianta shall implement the
following stormwater mitigation conditions at its sole expense, in accordance with the
timing requirements set forth below:
Timing
During the first construction season.
Constructed and operational prior to the
start of any discharges from the site.
During the first construction season and
prior to first wet season construction
activities.
Installation before breaching the berm
adjacent to the off channel habitat
restoration project, during a time window
defined in the Hydraulic Project Approval
(HPA) for the project.
Approval of SAMP plan by the
Department of Community Development
Director prior to the start of site mass
grading during the first construction
season; wetland mitigation construction
will start the first year of construction and
be complete during the third year of
construction.
Approval of the SAMP plan by the
Department of Community Development
Director prior to the start of site mass
grading during the first construction
season; mitigation construction will start
the first year of construction and be
complete during the third year of
construction.
7. Construct a temporary North Facility and
the South Facility as part of the permanent
stormwater management system.
8. Prepare a Master Stormwater
Infrastructure Plan.
5.4.3.2 City Obligations. During construction of the Southcenter
Parkway Project, the City shall install stormwater conveyance infrastructure, including
the Trunk Storm Drain, within Southcenter Parkway to connect to the North Facility and
the South Facility.
5.4.4 Master Stormwater Infrastructure Plan. Master Stormwater
Infrastructure Plan. La Pianta shall prepare and submit as part of the Tukwila South
Project's application for a Clearing and Grading Permit, a Master Stormwater
Infrastructure Plan for Tukwila South. The plan shall substantially comply with all the
criteria of Section 5.4 of this Agreement including this Section 5.4.4, and be consistent
with the Stormwater Standards of this Agreement and shall address the Tukwila South
Project's compliance with the eight core requirements and five special requirements
specified in Section 1.1.2.4 of the 1998 King County Surface Water Design Manual
Large Site Drainage Review. The City shall review the Stormwater Infrastructure Plan
and may require changes if necessary to ensure overall compliance. Issuance of the
Clearing and Grading Permit shall be governed by Section 4.9 herein, and approval of a
final Master Stormwater Infrastructure Plan shall not be required prior to issuance of the
Clearing and Grading Permit.
5.4.5 Monitoring. Monitoring shall be performed as required under the
401 Certification and the NPDES permit for construction discharge issued and
administered by the Washington Department of Ecology, and for Total Suspended Solids
"TSS as shown in Table 2.
Plan Element
Objective
Monitoring
Start for Each
Facility
06/10/2009
-31-
Approval of the temporary North and
permanent South Facilities plans shall
occur prior to the start of site grading
during the first construction season.
Approval shall be obtained prior to start of
utility work.
TABLE 2
NORTH AND SOUTH FACILITIES
TOTAL SUSPENDED SOLIDS (TSS) MONITORING PLAN
Implementation 1 Comments
Report Facility water quality performance to the City as estimated by
TSS monitoring (used as performance measure in the 1998 SWDM).
Upon 70% buildout in the Begin monitoring when there is
catchment served by each Facility sufficient buildout to generate
TSS, but not while active
construction influence persists
(construction discharge to be
monitored under NPDES permit
requirements).
Plan Element
Monitoring
Frequency
Monitoring
Duration
Monitoring
Method
Criterion
Reporting
Response to
Data
Implementation
o Five times per year
o During storms exceeding
inch of rain in 24 hours
o Four times during Oct 1
through March 30 (wetter
season)
o One time during May 1 through
Sept 30 (drier season)
Three consecutive years per
Facility
Grab samples at Facility outlet
during active rainfall
Samples analyzed at a
Washington Certified analytical
laboratory
The 1998 King County
SWDM's treatment goal is to
remove 80% of TSS for flows
or volumes up to and including
the WW design flow or volume.
Flows and volumes in excess of
the WQ design flow or volume
can be routed around the WQ
facility or can be passed
through untreated. The
monitoring plan assumes that
the inflow WQ will between 30
to 100 mg /L TSS and therefore
proposes a criterion of 20 mg /L
(80% removal of the upper
estimate).
Within 60 days of last wet
season result from the analytical
laboratory.
The water quality performance data shall be provided to the City for
its use in making future decisions on stormwater management. If the
data indicates that the North and South Facilities are not functioning
properly due to improper construction or lack of required
maintenance by La Pianta, then La Pianta shall remedy such
condition promptly at its expense.
TSS (cumulative average during
the monitoring for each Facility)
shall be lower than 20 mg /L
Once annually to the City
06/10/2009 -32-
Comments
Collect samples under a range
of conditions through the year,
but concentrating on the wetter
season when the majority of
discharge volume will occur.
6. SEPA Compliance.
6.1 Prior SEPA Documents. Development within the Project areas as
contemplated in this Agreement has been addressed and analyzed in prior environmental
documents, including but not limited to environmental impact documents prepared for
Tukwila's Comprehensive Plan and the Tukwila South environmental impact statement
(collectively, the "SEPA Documents The SEPA documents shall constitute
compliance to the fullest extent possible under SEPA for all Implementing Approvals.
For purposes of this Agreement, an "Implementing Approval" means a land use approval
or permit subsequent to the execution of this Agreement which implements or otherwise
is consistent with this Agreement, including but not limited to plats, short plats, binding
site plans, site development permits, grading and building permits and utility permits.
Subject to the provisions of this Section, no further SEPA review is required, and no
additional substantive SEPA mitigation measures are required beyond those set forth in
this Agreement.
6.2 Further SEPA Review Limited. Except as set forth herein, no further
SEPA review shall be required for the Project. The City may require additional SEPA
review based only the following conditions:
(a) An Implementing Approval or requested modification materially
exceeds the Project Envelope (hereinafter defined) and governing
Development Regulations; or
(b) The City concludes (pursuant to SEPA, SEPA Rules, and City
SEPA regulations) that substantial changes have been made to the
Tukwila South Project so that, as mitigated, it is likely to have
significant adverse impacts not previously analyzed in a SEPA
environmental document, and which impacts cannot be mitigated
below a level of significance by applicable local, state or federal
regulations; or
(c
The City concludes (pursuant to SEPA, SEPA Rules, and City
SEPA regulations) that there is new information indicating
probable significant adverse environmental impacts of the Tukwila
South Project not previously analyzed in a SEPA environmental
document which cannot be mitigated below a level of significance
by applicable local, state or federal regulations.
For purposes of this Agreement, "Project Envelope" means the level and
range of development (including maximum structure height, floor area, bulk and use)
analyzed within one of the alternatives reviewed in the Tukwila South EIS and any
subsequent addenda or SEPA Documents which may be issued by the City. The Project
Envelope includes all of the physical aspects of a general development plan, individual
project, or other on -site or off -site physical improvements as disclosed and analyzed in
06/10/2009 -33-
the Tukwila South EIS. As used herein, "materially exceeds" means the proposal, as
mitigated, is likely to have significant adverse impacts not previously analyzed in the
SEPA Documents or any other SEPA environmental document prepared for property
within the Tukwila South Project area and which impacts cannot be mitigated below a
level of significance by applicable local, state or federal regulations.
6.3 Written Notice. If the City determines at any time during the Term that it
intends to require additional SEPA review for any Implementing Approval, the City shall
give La Pianta written notice thereof and provide La Pianta an opportunity to modify the
Implementing Approval application so as to render such additional SEPA review
unnecessary.
7. Dispute Resolution Process.
7.1 The parties shall use their best efforts to resolve disputes arising out of or
related to this Agreement using good faith negotiations by engaging in the following
dispute escalation process should any such disputes arise:
(a) Level One La Pianta's project manager and a City staff member
appropriate to the nature of the dispute (selected from among the
City's Deputy Director of DCD, Building Official, Fire Marshall or
City Engineer, or a designee of any of the foregoing identified by the
Administration)) shall meet to discuss and attempt to resolve the
dispute in a timely manner If they cannot resolve the dispute within
fourteen (14) calendar days after referral of that dispute to Level One,
either party may refer the dispute to Level Two.
(b) Level Two La Pianta's principal and the City's Community
Development Director or Public Works Director (or a designee of
either of the foregoing identified by the Administration) shall meet to
discuss and attempt to resolve the dispute, in a timely manner If they
cannot resolve the dispute within fourteen (14) business days after
referral of that dispute to Level Two, either party may refer the dispute
to Level Three.
(c) Level Three La Pianta's principal (or designee) and the Mayor and
the City Administrator (or the City Administrator's designee) shall
meet to discuss and attempt to resolve the dispute in a timely manner.
Counsel for the parties shall be permitted to attend Level Three
meetings.
7.2 Except as otherwise specified in this Agreement, in the event the dispute is
not resolved at Level Three within fourteen (14) calendar days after referral of that
dispute to Level Three, either party may refer the dispute to binding arbitration, as set
06/10/2009 -34-
forth herein. At all times prior to resolution of the dispute, the parties shall continue to
perform and make any required payments under this Agreement in the same manner and
under the same terms as existed prior to the dispute.
7.3 In the event that a dispute is referred to binding arbitration, the parties
agree to the following procedure:
(a) Binding arbitration between the parties pursuant to this Section shall
be governed by the rules and procedures set forth in this Section.
(b) Within seven (7) calendar days of the date the dispute is referred to
binding arbitration, each party shall provide the other party with the
names of three neutral arbitrators having significant experience in the
subject matter of the dispute and in arbitrating disputes. The parties
will thereafter attempt in good faith to select an arbitrator from this
panel of six candidates.
(c) If the parties to the dispute are unable to agree upon a single arbitrator
within twenty -eight (28) calendar days of the date the dispute is
referred to binding arbitration, then each party shall designate one
arbitrator from its panel of three, the two arbitrators selected in that
manner will choose a third arbitrator from among the remaining panel
members, and this third arbitrator so selected would act as the single
arbitrator for the dispute.
(d) Upon selection of the arbitrator, said arbitrator shall determine the
question(s) raised within fourteen (14) calendar days, unless a different
period of time is otherwise agreed upon by the parties in writing,
provided that issues of arbitrability may not be decided by the
arbitrator. Said arbitrator shall then give both parties reasonable notice
of the time (which time shall be within thirty (30) calendar days of the
arbitrator's determination of the questions raised, unless a different
period of time is otherwise agreed upon by the parties), and place of
hearing evidence and argument; take such evidence as the arbitrator
deems relevant, with witnesses required to be sworn; and hear
arguments of counsel or others.
(e) After consideration of all evidence, testimony and arguments, said
single arbitrator shall, within thirty (30) days of completion of the
hearing, promptly state such decision or award in writing. Said
decision or award shall be final, binding, and conclusive on all parties
to the arbitration when delivered to them, except as provided in
Subsection 7.3(h). Until the arbitrator issues the first decision or
award upon any question submitted for the arbitration, performance
06/10/2009 -35-
(f)
(g)
9. General Provisions.
under the Agreement shall continue in the manner and form existing
prior to the rise of such question. After delivery of said first decision
or award, each party shall forthwith comply with said first decision or
award immediately after receiving it.
La Pianta and the City shall share equally the compensation, costs, and
expenses of the arbitrators, but each shall be responsible for their own
fees and expenses of its own witnesses, exhibits, and counsel. La
Pianta and the City shall pay the compensation, costs and expenses of
the single arbitrator or the additional arbitrator in the board of
arbitrators in equal shares.
The arbitrator shall have the authority to enter awards of equitable
remedies consistent with the obligations of the City and La Pianta
under this Agreement.
(h) The arbitrator shall not have the authority to enter any award, the
satisfaction of which by the party to be bound, would be impermissible
under any law, regulation, or funding agreement to which the bound
party is subject. The determination of any such impermissibility shall
be made by a court of competent jurisdiction within the State of
Washington and under the laws of the State of Washington. Any such
determination shall be appealable.
7.4 This dispute resolution process will not apply to the following disputes: (i)
disputes regarding the accounting of Project revenues and City expenditures; and (ii)
disputes concerning the letters of credit. Any disputes regarding revenues /expenditures
must utilize the dispute resolution process outlined in Section 4.8.3. Issues of
arbitrability of a dispute shall be determined by the Presiding Judge, King County
Superior Court.
7.5 Nothing in this Section 7 shall preclude either party from seeking
injunctive or equitable relief prior to the initiation or completion of this dispute resolution
process.
8. Modifications to Agreement. This Agreement contains all terms, conditions and
provisions agreed upon by the parties hereto, and shall not be modified except by written
amendment executed by both parties. Amendments to this Agreement that materially
modify the intent and policy of the Agreement must be approved by the City Council.
Other amendments may be approved by the City Mayor.
9.1 Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington.
06/10/2009 -36-
9.2 Recording. This Agreement or a memorandum thereof shall be recorded
against the Tukwila South Property as a covenant running with the land and shall be
binding on La Pianta, its heirs, successors and assigns until this Agreement expires on its
own terms pursuant to Section 5.2.3.
9.3 Agreement Binding on Successors: Respective Obligations of La Pianta
and Parcel Builders. This Agreement shall be binding upon and shall inure to the benefit
of the heirs, successors and assigns of La Pianta, and upon the City, except as limited and
conditioned in this Agreement. La Pianta's general duties and obligations under this
Agreement for the Tukwila South Project are not intended to be delegated to Parcel
Builders unless a particular duty or obligation, specifically and directly related to the
Development Parcel in question, is expressly imposed by the City as a term or condition
of an Implementing Approval for that Parcel.
9.4 Parcel Builders' Obligations; Notice to City re Parcel Builder: Declaration
of Covenants for Tukwila South Project. The parties acknowledge that development of
the Tukwila South Project may involve transfer of undeveloped or partially- developed
development parcels in the Tukwila South Property or the Expansion Areas, each a
"Development Parcel," to one or more Parcel Builders. Those Parcel Builders will in
turn own, develop and/or occupy portions of the Tukwila South Property and buildings
thereon as part of the Tukwila South Project. Parcel Builders shall be obligated with
respect to all conditions of Implementing Approvals applicable to their respective
Development Parcels, unless such an obligation is specifically identified in this
Agreement or in the Implementing Approval as that of La Pianta. For purposes of this
Agreement, a "Parcel Builder" shall mean an owner or lessee of all or a portion of the
Development Area authorized for development pursuant to this Agreement, or a
successor or assign of an owner or lessee, who develops and/or occupies portions of the
Tukwila South Property or an Expansion Area, or develops and/or occupies buildings
thereon as part of the Tukwila South Project, provided however, that building tenants
shall be excluded from this definition.
9.5 Interpretation: Severabilitv.
9.5.1 Interpretation. The parties intend this Agreement to be interpreted
to the full extent authorized by law as an exercise of the City's authority to enter into
development agreements pursuant to RCW 36.70B.170 et seq., and this Agreement shall
be construed to exclude from the scope of this Agreement and to reserve to the City, only
that police power authority which is prohibited by law from being subject to a mutual
agreement with consideration. If a Tukwila South Development Standard conflicts with
an otherwise applicable provision of the Tukwila Municipal Code, the Tukwila South
Development Standard shall control.
06/10/2009 -37-
9.5.2 Severabilitv. If any provisions of this Agreement are determined
to be unenforceable or invalid in a final decree or judgment by a court of law, then the
remainder of this Agreement not decreed or adjudged unenforceable or invalid shall
remain unaffected and in full force and effect. In that event, this Agreement shall
thereafter be modified, as provided immediately hereafter, to implement the intent of the
parties to the maximum extent allowable under law. The parties shall diligently seek to
agree to modify the Agreement consistent with the final court determination, and no party
shall undertake any actions inconsistent with the intent of this Agreement until the
modification to this Agreement has been completed. If the parties do not mutually agree
to modifications within forty -five (45) days after the final court determination, then either
party may initiate the arbitration process under Section 7 for determination of the
modifications that will implement the intent of this Agreement and the final court
decision.
9.6 Authority. Each party respectively represents and warrants that it has the
power and authority, and is duly authorized, to enter into this Agreement on the terms
and conditions herein stated, and to deliver and perform its obligations under this
Agreement.
9.7 Exhibits and Ar nendices Incoroorated. Exhibits 1 through 11 are
incorporated herein by this reference as if fully set forth.
9.8 Headings. The headings in this Agreement are inserted for reference only
and shall not be construed to expand, limit or otherwise modify the terms and conditions
of this Agreement.
9.9 Time of the Essence. Time is of the essence of this Agreement and of
every provision hereof. Unless otherwise set forth in this Agreement, the reference to
"days" shall mean calendar days. If any time for action occurs on a weekend or legal
holiday in the State of Washington, then the time period shall be extended automatically
to the next business day.
9.10 Entire Agreement. This Agreement represents the entire agreement of the
parties with respect to the subject matter hereof. There are no other agreements, oral or
written, except as expressly set forth herein and this Agreement supersedes all previous
agreements, oral or written.
9.11 Default and Remedies.
9.11.1 Cures Taking More Than Thirty Days. Except as expressly
provided otherwise in this Agreement, no party shall be in default under this Agreement
unless it has failed to perform as required under this Agreement for a period of thirty (30)
days after written notice of default from any other party. Each notice of default shall
specify the nature of the alleged default and the manner in which the default may be
cured satisfactorily. If the nature of the alleged default is such that it cannot be
06/10/2009 -38-
reasonably cured within the thirty (30) day period, then commencement of the cure
within such time period and the diligent prosecution to completion of the cure shall be
deemed a cure.
9.11.2 Rights of Non Defaulting Party. A party not in default under this
Agreement shall have all rights and remedies provided by law or equity, including
without limitation damages, specific performance, or writs to compel performance or
require action consistent with this Agreement.
9.11.3 Attorneys' Fees. In any action to enforce or determine a party's
rights under this Agreement, the prevailing party shall be entitled to attorney's fees and
costs.
9.12 Relief Against Defaulting Party or Portion of Tukwila South Property. In
recognition of the anticipated transfers by La Pianta of parcels of the Tukwila South
Property to Parcel Builders, remedies under this Agreement shall be tailored to the
Tukwila South Property or parties as provided below.
9.12.1 Relief Limited to Affected Development Parcel. Any claimed
default shall relate as specifically as possible to the portion or Development Parcel of the
Tukwila South Property involved, and any remedy against any party shall be limited to
the extent possible to the owners of such portion or Development Parcel of the Tukwila
South Property.
9.12.2 Relief Limited to Affected Owner. To the extent possible, the City
shall seek only those remedies that do not adversely affect the rights, duties or obligations
of any other nondefaulting owner of portions of the Tukwila South Property under this
Agreement, and shall seek to utilize the severability provisions set forth in this
Agreement.
9.13 Term. The Term of this Agreement shall be as set forth in Section 5.2.3
above. Until such time as the City revises the comprehensive plan or development
regulations which apply to Tukwila South during the Term of this Agreement, the goals
of the comprehensive plan and the development regulations to which the project vests
will continue to apply to the Tukwila South Property following the expiration of this
Agreement.
9.14 No Third -Partv Beneficiary. This Agreement is made and entered into for
the sole protection and benefit of the parties hereto and their successors and assigns. No
other person shall have any right of action based upon any provision of this Agreement.
Parcel Builders in Tukwila South shall be deemed to be successors under this provision.
06/10/2009 -39-
If to La Pianta:
9.15 Interpretation. This Agreement has been reviewed and revised by legal
counsel for both parties, and no presumption or rule construing ambiguity against the
drafter of the document shall apply to the interpretation or enforcement of this
Agreement.
9.16 Notice. All communications, notices, and demands of any kind that a
party under this Agreement requires or desires to give to any other party shall be in
writing and either (i) delivered personally, (ii) sent by facsimile transmission with an
additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail
postage prepaid, return receipt requested, and addressed as follows:
If to the City: City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
Attn: Mayor's Office and
Director of Public Works and
Director of Community Development
La Pianta LLC
P.O. Box 88028
Tukwila, Washington 98138-2028
Attn: Mr. Mark A. Segale
Notice by hand delivery or facsimile shall be effective upon receipt, provided that
notice by facsimile shall be accompanied by mailed notice as set forth herein and shall be
evidenced by a machine printed confirmation of successful transmission. If deposited in
the mail, certified mail, return receipt requested, notice shall be deemed delivered forty
eight (48) hours after deposited. Any party at any time by notice to the other party may
designate a different address or person to which such notice or communication shall be
given.
9.17 Delays. If either party is delayed in the performance of its obligations
under this Agreement due to Force Majeure, then performance of those obligations shall
be excused for the period of delay. For purposes of this Agreement, economic downturns,
loss in value of La Pianta assets, inability to obtain or retain financing, do not constitute a
force maj eure event.
9.18 Payments. Any payments made pursuant to the terms of this Agreement
shall be made within thirty days of invoice, unless otherwise specified in the Agreement.
Any late payments shall be subject to interest charges at the rate of 12% per annum.
9.19 Indemnification. Except as otherwise specifically provided elsewhere in
this Agreement and any exhibits hereto, each party shall protect, defend, indemnify and
hold harmless the other party and their officers, agents, and employees, or any of them,
06/10/2009 -40-
from and against any and all claims, actions, suits liability, loss, costs, expenses, and
damages of any nature whatsoever, which are caused by or result from any negligent act
or omission of the party's own officers, agents, and employees in performing services
pursuant to this Agreement. In the event that any suit based upon such a claim, action,
loss, or damage is brought against a party, the party whose negligent action or omissions
gave rise to the claim shall defend the other party at the indemnifying party's sole cost
and expense; and if final judgment be rendered against the other party and its officers,
agents, and employees or jointly the parties and their respective officers, agents, and
employees, the parties whose actions or omissions gave rise to the claim shall satisfy the
same; provided that, in the event of concurrent negligence, each party shall indemnify
and hold the other parties harmless only to the extent of that party's negligence. The
indemnification to the City hereunder shall be for the benefit of the City as an entity, and
not for members of the general public.
9.20 Tukwila South Proiect is a Private Undertaking. The Tukwila South
Project is a private development and the City has no interest therein except as authorized
in the exercise of its governmental functions.
In Witness Whereof, the parties have caused this Agreement to be executed, effective on
the day and year set forth on the first page hereof.
06/10/2009 -41-
CITY OF TUKWILA, a Washington municipal corporation
B /Tt�
Y•
Haggert yor
Date: o
ATTEST:
F/,�
Christy O'Flah&(y, City Clerk
4
APPROVED AS TO FORM:
C 1t y Attorn�
La Pianta LLC, a Washington limited liability corporation
By: Metro Land Development, Inc.,
Its: Manager
By
M.A. Segale, President
Date: (0-10
06/10/2009 -42-
x
PARCEL 022204 -9008:
PARCEL 022204 -9011:
vet 05 -26 -09
EXHIBIT 2
TUKWILA SOUTH PROPERTY LEGAL DESCRIPTION
THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST '/4 OF SECTION
2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE
EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1,
WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY
OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE
FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER
OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH
LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD
(MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN,
SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG
SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF
1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20 AN ARC
DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID
LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55'
05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET;
THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10"
WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY
STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE
COUNTY OF KING, STATE OF WASHINGTON.
THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2,
AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER
OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY
UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF
SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE
SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29
FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE
TERMINUS OF SAID LINE;
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT
THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4
OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST
WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40'
47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE
Exhibit 2 -1
CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53"
EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE
INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD;
THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN,
117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER
BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY
ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58
FEET TO A POINT ON A NON TANGENT CURVE FROM WHICH RADIAL
CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE
NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO
THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT
PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT
OF -WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER
KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION
THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT -OF-
WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN
THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 022204 -9015:
GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST,
W.M.;
EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY
AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH
22.8 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED
UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF
CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302
FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF
DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT
THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED
RECORDED UNDER RECORDING NO. 9705231403;
TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF
SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE
NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00 °30'45" EAST ALONG THE
EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °54'02" WEST
ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST
CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE
SOUTH 00 °25'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET
NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST
ver. 05 -26 -09 Exhibit 2 -2
1/4 OF SECTION 3; THENCE NORTH 89 °40'00" EAST ALONG A LINE 40 FEET
NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF
THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF
SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00 °30'45" WEST
ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT
OF BEGINNING;
EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY
SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE
BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING
COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF
CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER
RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 022204 -9033:
THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM
WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55'
10" WEST, A DISTANCE OF 217.06 FEET; THENCE ALONG SAID WEST LINE,
SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50
FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF
THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER
KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST,
ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY
BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG
SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE
NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM
WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03'
20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST,
269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH
88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02 °41' 45" EAST 140.14 FEET;
THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05"
WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE
SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48
FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF
LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD;
TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER
ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND
SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT
CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING
ver 05 -26 -09 Exhibit 2 -3
PARCEL 022204 -9037:
PARCEL 022204 -9040:
PARCEL 022204 -9043:
COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING,
STATE OF WASHINGTON.
THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP
22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON
THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST,
1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH
77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET;
THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45"
EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF
THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30,
1951 FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD
LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID
NORTH SECTION LINE TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF
THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF
SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST
CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE
NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46
FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF
SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER
ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP
22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT
A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE
NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A
DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET;
THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET;
THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15"
EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE
SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF
ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN
THE COUNTY OF KING, STATE OF WASHINGTON.
ver. 05 -26 -09 Exhibit 2 -4
PARCEL 022204 -9057:
ver. 05 -26 -09
THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06"
EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2;
THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH
73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET;
THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21"
WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE
WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND
A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT
BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE
NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO
THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59 HAVING A RADIUS
OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53'
39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A
RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49 AN
ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET
TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A
RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53 AN
ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET
TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING,
STATE OF WASHINGTON.
THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST 1 /4 OF THE
NORTHWEST %4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.,
BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08"
EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH
31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET
TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG
SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID
NORTHWEST 1 /4 OF THE NORTHWEST 1 /4; THENCE WEST ALONG SAID SOUTH
LINE TO THE WEST LINE OF SAID NORTHWEST 1 /4 OF THE NORTHWEST 1 /4;
THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF
BEGINNING;
EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE
NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08"
EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE
SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE
RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS,
Exhibit 2 -5
PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST
352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00'
00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE
NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING;
AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01°
55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45"
EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE
NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2;
THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING;
AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1
(INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE
OF WASHINGTON.
PARCEL 023900 -0352:
THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH
AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND
NORTH OF SOUTH 200TH STREET;
EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY
SUPERIOR COURT CAUSE NO. 98- 2- 18787 -5 KNT; (BEING ALSO KNOWN AS A
PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2
UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 032204 -9006:
THE SOUTHEAST 1/4 OF THE NORTHEAST 1 /4 OF SECTION 3, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED
TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION
COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42;
AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH
240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF
LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING
AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH,
PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID
SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19"
EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE
PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED
IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE
SOUTH 11° 41' 30" WEST 352.30;
THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00"
WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE
vet. 05 -26 -09 Exhibit 2 -6
NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING;
AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT
PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT
OF -WAYS AND STORM WATER RIGHT -OF -WAYS AND STORM WATER
RIGHT -OF -WAY BY DEED RECORDED UNDER KING COUNTY RECORDING
NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 032204 -9047:
THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 IN SECTION 3,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF
ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE
HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING
WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE
NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE
PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF
SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19"
EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE
PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED
IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE
SOUTH 11° 41' 30" WEST 352.30 FEET;
THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00"
WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE
NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINT OF BEGINNING; AND
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED
RECORDED UNDER RECORDING NO. 6013508;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 032204 -9056:
THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE
WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS
412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER
OF THE SOUTHEAST 'A OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE
OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746
FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS
WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT
OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND
EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF
THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527.5 FEET SOUTH AND
1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST '/4 OF
SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF
ver 05 -26 -09
Exhibit 2 -7
51ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID
LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 032204 -9062:
PARCEL A:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.,
DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE
SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET
EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE
EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT
ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 88 °57'43" WEST, 234.57 FEET; THENCE SOUTH
27 °37'40" WEST, 264.86 FEET; THENCE SOUTH 48 °11'25" WEST, 269.46 FEET;
THENCE SOUTH 51 °58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE
INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN
CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY
ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY
ROAD, TO A POINT, WHICH BEARS SOUTH 0 °13'04" WEST FROM THE TRUE
POINT OF BEGINNING; THENCE NORTH 0 °13'04" EAST, 760.00 FEET, MORE
OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION
THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT
CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO
THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED
UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF,
LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE
WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH
OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE
NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665);
TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET
ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED
UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS
WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW;
PARCEL B:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING
SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON
AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO.
4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH
ver 05 -26 -09 Exhibit 2 -8
STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF
CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO.
653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE
COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER
RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING
SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD
NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 032204 -9090:
THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF
THE SOUTHEAST 1 /4 OF THE NORTHEAST 1 /4 OF SECTION 3, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND
EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN
THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION
THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT -OF -WAYS
BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 032204 -9092:
THAT PORTION OF THE SOUTHEAST 1 /4 OF SECTION 3, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST
QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06"
WEST ALONG THE NORTH LINE OF THE SOUTHEAST 1 /4 OF SAID SECTION 3,
A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11' 00"
EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID
NORTH LINE, 220 FEET; THENCE NORTH 01° 11' 00" WEST 300 FEET TO THE
SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST 1 /4; THENCE
NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 032204 -9093:
THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30
FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF
SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH
STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET
SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH;
THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE
NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT
THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT
PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER
THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE
vet. 05 -26 -09 Exhibit 2 -9
SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT
THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF
THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89 °11'06"
EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET
SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID
SUBDIVISION; THENCE NORTH 01 °11'00" WEST 284 FEET; THENCE WEST TO
THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY
ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO
BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE
COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 032204 -9100:
THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST '/4 OF THE NORTHEAST
1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT
THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663,
AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF
WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED
UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING
NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND
EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT
OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98- 2- 18787 -5 KNT;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 032204 -9106:
A PORTION OF THE WEST %Z OF THE NORTHWEST 1/4 OF SECTION 2 AND THE
EAST OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE
4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED
SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55
FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS
SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4
OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11° 41'
30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE
NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27
FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF
BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 262304 -9065:
THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BEGINNING AT
THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4
ver. 05 -26 -09 Exhibit 2 -10
PARCEL 352304 -9008:
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 WESTERLY MARGIN OF SOUTHCENTER PARKWAY; THENCE
CONTINUING NORTH 87 °45'57" WEST ALONG SAID SOUTH LINE, A
DISTANCE OF 680 FEET, MORE OR LESS, TO A POINT ON A LINE WHICH IS
PARALLEL WITH AND 39.0 FEET NORTHWESTERLY OF THE CENTER LINE OF
A 19 FOOT RAILROAD EASEMENT ESTABLISHED BY INSTRUMENT
RECORDED UNDER RECORDING NO. 6643573 AND THE TRUE POINT OF
BEGINNING; THENCE NORTH 16°18'55" EAST ALONG SAID PARALLEL LINE
92 FEET, MORE OR LESS, TO THE CENTER LINE OF A 40 FOOT DRAINAGE
EASEMENT GRANTED TO THE STATE OF WASHINGTON BY INSTRUMENT
RECORDED UNDER RECORDING NO. 6233536; THENCE NORTH 50 °38'32"
WEST ALONG SAID DRAINAGE EASEMENT CENTER LINE 224 FEET, MORE
OR LESS, TO THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST
1/4 OF SAID SECTION 26; THENCE SOUTH 00 °56'36" WEST ALONG SAID WEST
LINE TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST
ALONG THE SOUTH LINE OF SAID SUBDIVISION TO THE TRUE POINT OF
BEGINNING; TOGETHER WITH ALL RIGHTS IN THOSE CERTAIN 15 FOOT
EASEMENTS RESERVED IN DOCUMENTS RECORDED UNDER KING COUNTY
RECORDING NOS. 7701050685 AND 7701050686; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4
EAST, W.M., LYING SOUTHERLY OF MUSIEL ROAD;
EXCEPT THAT PORTION THEREOF, PURSUANT TO THE CITY OF TUKWILA
ORDINANCE 626, RECORDED UNDER RECORDING NO. 6671631, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35, NORTH
87 °50'57" WEST, 319.21 FEET FROM THE SOUTHEAST CORNER THEREOF;
THENCE NORTH 20 °03'27" EAST, 31.53 FEET;
THENCE SOUTH 87 °50'57" EAST, 96.47 FEET;
THENCE ALONG THE ARC AT THE CURVE TO THE LEFT, HAVING A RADIUS
OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 15°16'16" AN ARC
DISTANCE OF 13.33 FEET; THENCE SOUTH 24 °56'33" EAST, 35.68 FEET TO
THE SOUTH LINE OF SAID SUBDIVISION; THENCE NORTH 87 °50'57" WEST,
135.58 FEET TO THE POINT OF BEGINNING;
TOGETHER WITH THE VACATED PORTION OF MUSIEL ROAD ADJOINING,
PURSUANT TO THE CITY OF TUKWILA ORDINANCE 626, RECORDED UNDER
ver 05 -26 -09 Exhibit 2 -11
RECORDING NO. 6671631, WHICH, UPON VACATION, ATTACHED BY
OPERATION OF LAW, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 35;
THENCE NORTH 87 °50'57" WEST, ALONG THE SOUTH LINE THEREOF, 319.21
FEET;
THENCE NORTH 20 °03'27" EAST, 31.53 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 87 °50'57" WEST, 31.53 FEET;
THENCE NORTH 20 °03'27" EAST, 221.29 FEET;
THENCE SOUTH 24 °03'27" EAST, 216.19 FEET;
THENCE WESTERLY, ALONG AN ARC OF CURVE TO THE RIGHT, HAVING A
RADIUS OF 50.00 FEET, THE RADIAL POINT OF WHICH BEARS NORTH
48 °12'58" WEST, THROUGH A CENTRAL ANGLE OF 35 °05'45" AN ARC
DISTANCE OF 30.63 FEET;
THENCE NORTH 24 °56'33" WEST, 146.77 FEET;
THENCE SOUTH 20 °03'27" WEST, 139.18 FEET TO THE TRUE POINT OF
BEGINNING;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 352304 -9009:
THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST
1/4 OF THE NORTHWEST 1/4; THENCE NORTH 87 °45'57" WEST, ALONG THE
NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1 /4, A DISTANCE
OF 481.05 FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY
AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 11 °59'33" EAST,
ALONG SAID WEST MARGIN, A DISTANCE OF 41.27 FEET; THENCE NORTH
87 °45'57" WEST A DISTANCE OF 229.11 FEET; THENCE SOUTH 42 °30'27" WEST
A DISTANCE OF 695.97 FEET; THENCE SOUTH 52 °44'03" EAST TO THE SOUTH
LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST
1/4 OF SAID SECTION 35; THENCE WESTERLY, ALONG SAID SOUTH LINE, TO
THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 35; THENCE NORTH 01 °49'41" EAST, ALONG SAID EAST LINE, TO
THE NORTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE SOUTH
87 °45'57" EAST, ALONG THE NORTH LINE, OF SAID NORTHWEST 1 /4, A
DISTANCE OF 831.10 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT
THAT PORTION OF SAID TRACT LYING WITHIN THE BOUNDARIES OF CITY
OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. BLA -8 -79, RECORDED
UNDER KING COUNTY RECORDING NO. 7908230752; SITUATE IN THE CITY
OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
vet. 05 -26 -09 Exhibit 2 -12
PARCEL 352304 -9013:
THAT PORTION OF THE SOUTHEAST 1 A OF THE NORTHWEST 1 /4 OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTHERLY LINE OF SAID SUBDIVISION AT A POINT
657.02 FEET WESTERLY OF THE INTERSECTION OF SAID SOUTHERLY LINE
WITH THE WESTERLY LINE OF COUNTY ROAD NO. 540 (57TH AVENUE
SOUTH), SAID POINT BEING THE SOUTHWESTERLY CORNER OF THAT
CERTAIN TRACT OF LAND DESCRIBED IN INSTRUMENT RECORDED UNDER
RECORDING NO. 4744487; THENCE NORTH 16 °21'00" EAST 831.38 FEET TO
THE NORTHWESTERLY CORNER OF SAID CERTAIN TRACT OF LAND;
THENCE SOUTH 87 °53'30" EAST 504.80 FEET; THENCE NORTH 60 °47'30" EAST
206.43 FEET TO THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE
NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF
SAID SUBDIVISION; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO
THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTHERLY
ALONG THE WESTERLY LINE THEREOF TO THE SOUTHWEST CORNER OF
SAID SUBDIVISION; THENCE EASTERLY ALONG THE SOUTHERLY LINE
THEREOF TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF
SAID SUBDIVISION; THENCE SOUTH 87 °51'01" EAST, ALONG THE NORTH
LINE OF SAID SUBDIVISION 800 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH PERPENDICULAR TO THE SAID NORTH LINE OF SAID
SUBDIVISION 250 FEET; THENCE EAST PARALLEL WITH THE SAID NORTH
LINE OF SAID SUBDIVISION TO THE WEST LINE OF COUNTY ROAD NO. 540;
THENCE NORTHERLY ALONG THE SAID WESTERLY LINE OF SAID COUNTY
ROAD TO THE INTERSECTION WITH THE SAID NORTH LINE OF SAID
SUBDIVISION; THENCE NORTH 87 °51'01" WEST ALONG SAID NORTH LINE OF
SAID SUBDIVISION 335 FEET, MORE OR LESS, TO THE TRUE POINT OF
BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID
SUBDIVISION; THENCE NORTH 01 °49'45" EAST ALONG THE WEST LINE OF
SAID SUBDIVISION 566.20 FEET; THENCE NORTH 63 °06'45" EAST 485.45 FEET
TO AN IRON PIPE AT THE NORTHWESTERLY CORNER OF SAID CERTAIN
TRACT OF LAND DESCRIBED IN INSTRUMENT RECORDED UNDER
RECORDING NO. 4744487; THENCE SOUTH 18 °30'20" WEST ALONG THE
WESTERLY LINE OF SAID TRACT 835.35 FEET TO THE SOUTH LINE OF THE
SOUTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SAID SECTION; THENCE NORTH
87 °56'03" WEST ALONG SAID SOUTH LINE 186.03 FEET TO THE POINT OF
BEGINNING; AND EXCEPT COUNTY ROADS; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9015:
ver 05 -26 -09
Exhibit 2 -13
PARCEL A OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER
L06 -029 RECORDED UNDER RECORDING NO. 20060913900003; SITUATE IN
THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9016:
THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID
SUBDIVISION; THENCE SOUTH 87 °59'06" EAST ALONG THE SOUTH LINE
THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 87 °59'06" EAST 328.00 FEET; THENCE NORTH 16 °56'40"
EAST 262.12 FEET; THENCE NORTH 47 °11'37" WEST TO THE EASTERLY
RIGHT -OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE
SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH
THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND
PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS,
PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE
SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO
THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE
OF WASHINGTON.
PARCEL 352304 -9018:
LOT B OF BOUNDARY LINE ADJUSTMENT NO. L99 -0008, RECORDED UNDER
KING COUNTY RECORDING NO. 9906099010, RECORDS OF KING COUNTY,
WASHINGTON; BEING A PORTION OF GOVERNMENT LOT 5 IN SECTION 35,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9019:
THAT PORTION OF THE SOUTHWEST /4 OF THE NORTHEAST '/4 OF THE
NORTHWEST 1 /4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M.,
LYING SOUTH AND WEST OF P.J. MUSIEL ROAD (SOUTH 178TH STREET),
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF
SAID SOUTHWEST 1/4 OF THE NORTHEAST V4 OF THE NORTHWEST 1/4 OF SAID
SECTION; THENCE SOUTH 87 °50'57" EAST 286.71 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 23 °27'57" EAST 147.13 FEET; THENCE SOUTH
87 °50'57" EAST 25 FEET; THENCE NORTH 23 °27'57" EAST 180 FEET, MORE OR
LESS, TO A POINT ON THE SOUTHERLY MARGIN OF SAID P.J. MUSIEL ROAD;
THENCE SOUTH 55 °13'03" EAST ALONG SAID SOUTHERLY MARGIN 195.78
FEET; THENCE ALONG THE WESTERLY MARGIN OF SAID MUSIEL ROAD
SOUTH 29 °37'57" WEST 224.57 FEET TO THE SOUTH LINE OF SAID
SUBDIVISION; THENCE NORTH 87 °50'57" WEST ALONG SAID SOUTH LINE TO
THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE
ver. 05 -26 -09 Exhibit 2 -14
SOUTHWEST 1/4 OF THE NORTHEAST 1 /4 OF THE NORTHWEST V4 OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE
ALONG THE SOUTH LINE THEREOF, SOUTH 87 °50'57" EAST 365.16 FEET;
THENCE NORTH 02 °09'03" EAST 137.09 FEET; THENCE NORTH 23 °27'57" EAST
179.32 FEET TO THE SOUTHWESTERLY MARGIN OF SOUTH 178TH STREET;
THENCE ALONG SAID MARGIN SOUTH 60 °38'09" EAST 10.11 FEET; THENCE
ALONG SAID MARGIN SOUTHEASTERLY ALONG THE ARC OF A CURVE TO
THE RIGHT, HAVING A RADIUS OF 208.74 FEET, A DISTANCE OF 10.02 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
MARGIN AND SAID CURVE A DISTANCE OF 70.00 FEET; THENCE SOUTH
21 °38'27" WEST 120.39 FEET; THENCE NORTH 68 °52'03" WEST 70.06 FEET;
THENCE NORTH 23 °27'57" EAST 145.00 FEET TO THE TRUE POINT OF
BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE
CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6405581;
TOGETHER WITH THOSE PORTIONS OF MUSIEL ROAD (SOUTH 178TH
STREET) VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 556
WHICH ATTACHED THERETO BY OPERATION OF LAW; SITUATE IN THE
CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9025:
THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 01 °49'41"
WEST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4 OF SAID SECTION 35, A DISTANCE OF 757.08 FEET TO THE NORTHERLY
MARGIN OF SOUTH 178TH STREET (P.J. MUSIEL COUNTY ROAD); THENCE
NORTH 65 °22'03" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF
240.64 FEET; THENCE NORTH 47 °46'03" WEST, ALONG SAID NORTHERLY
MARGIN, A DISTANCE OF 341.00 FEET TO THE EAST RIGHT -OF -WAY LINE OF
PRIMARY STATE HIGHWAY NO. 1 (JUNCTION S. S. H. NO. 5A TO SOUTH
178TH STREET); THENCE NORTH 09 °32'33" EAST, ALONG SAID EAST RIGHT
OF -WAY LINE, A DISTANCE OF 240.39 FEET; THENCE ALONG A CURVE TO
THE RIGHT, HAVING A RADIUS OF 11,199.16 FEET, AN ARC DISTANCE OF
209.74 FEET, THROUGH A CENTRAL ANGLE OF 01°04'23", TO THE NORTH
LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35;
THENCE SOUTH 87 °45'57" EAST, ALONG SAID NORTH LINE, A DISTANCE OF
419.14 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT
PORTION OF VACATED SOUTH 178TH STREET ADJOINING, PURSUANT TO
ORDINANCE NO. 8238, WHICH UPON VACATION, ATTACHED TO SAID
PROPERTY BY OPERATION OF LAW; SITUATE IN THE CITY OF TUKWILA,
COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9027:
ver 05 -26 -09 Exhibit 2 -15
THE NORTH 25.25 FEET OF THAT PORTION OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M.,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF
SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 87 °45'57"
WEST, ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE
NORTHWEST 1 /4, A DISTANCE OF 481.05 FEET, TO THE WESTERLY MARGIN
OF THE SOUTHCENTER PARKWAY; THENCE SOUTH 11 °59'33" EAST, ALONG
SAID WESTERLY MARGIN, A DISTANCE OF 1,007.07 FEET; THENCE
CONTINUING SOUTH 11 °59'33" EAST, ALONG SAID MARGIN, A DISTANCE OF
94.05 FEET; THENCE SOUTH 78 °00'27" WEST A DISTANCE OF 68.93 FEET TO
AN ANGLE POINT ON THE OLD ALIGNMENT OF SOUTH 178TH STREET
(FORMERLY KNOWN AS P.J. MUSIEL COUNTY ROAD); THENCE SOUTH
20 °03'27" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A
DISTANCE OF 221.29 FEET TO A LINE 30 FEET NORTH OF AND PARALLEL
WITH THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4,
BEING THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH
178TH STREET; THENCE NORTH 87 °50'57" WEST, ALONG SAID NORTHERLY
MARGIN, A DISTANCE OF 233.08 FEET TO A POINT OF CURVE; THENCE
ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE RIGHT, HAVING A
RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169.17 FEET, THROUGH A
CENTRAL ANGLE OF 85 °35'34 TO A POINT OF REVERSE CURVE; THENCE
ALONG SAID NORTHERLY MARGIN, ON A CURVE TO THE LEFT HAVING A
RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 29.43 FEET, THROUGH A
CENTRAL ANGLE OF 06 °16'32 TO THE OLD CENTERLINE OF SAID SOUTH
178TH STREET; THENCE NORTH 29 °42'27" EAST, ALONG SAID OLD
CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE
NORTH 55 °08'33" WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF
64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID
SOUTH 178TH STREET TO THE TRUE POINT OF BEGINNING, AND FROM
WHICH SAID TRUE POINT OF BEGINNING, POINT "A" WHICH IS TO BE USED
FOR LATER REFERENCE HEREIN, LIES NORTH 37 °55'55" EAST, A DISTANCE
OF 173.09 FEET; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE
TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 62 °56'38" WEST,
HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 157.50 FEET,
THROUGH A CENTRAL ANGLE OF 33 °34'48 THENCE NORTH 60 °38'10" WEST,
ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 204.96 FEET; THENCE
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 508.59 FEET, AN ARC
DISTANCE OF 25.52 FEET, THROUGH A CENTRAL ANGLE OF 02 °52'29
THENCE NORTH 63 °30'39" WEST, ALONG SAID NORTHERLY MARGIN, A
DISTANCE OF 290.59 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF
THE NORTHWEST 1/4; THENCE NORTH 01 °49'41" EAST, ALONG SAID WEST
LINE, TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4
OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE EASTERLY, ALONG
SAID SOUTH LINE, TO INTERSECT A LINE WHICH BEARS NORTH 52 °44'03"
WEST FROM THE AFOREMENTIONED POINT "A THENCE SOUTH 52 °44'03"
vet 05 -26 -09
Exhibit 2 -16
EAST TO SAID POINT "A WHICH POINT IS THE MOST SOUTHERLY CORNER
OF A TRACT OF LAND CONVEYED TO AMERICAN NATIONAL INSURANCE
BY DEED RECORDED OCTOBER 16, 1970 UNDER RECORDING NO. 6704630;
THENCE SOUTH 37 °55'55" WEST 173.09 FEET TO THE TRUE POINT OF
BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE
OF WASHINGTON.
PARCEL 352304 -9032:
THAT PORTION OF THE SOUTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE
NORTH 88° 53' 32" WEST ALONG THE NORTH LINE THEREOF, 101.47 FEET;
THENCE SOUTH 08° 43'18" WEST 477.17 FEET; THENCE SOUTH 17° 59' 30"
WEST 247.69 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 17° 59' 30" WEST 151.00 FEET; THENCE SOUTH 71° 43' 40" EAST 203.51
FEET; THENCE NORTH 16° 28' 50" EAST 151.08 FEET; THENCE NORTH 71° 43'
40" WEST 199.53 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING
THEREFROM THE COUNTY ROAD; SITUATE IN THE CITY OF TUKWILA,
COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9033:
THE SOUTH 660 FEET OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST
792 FEET THEREOF; AND EXCEPT THAT PORTION LYING NORTHWEST OF
THE CITY OF SEATAC CITY OF TUKWILA CORPORATE BOUNDARY AS
ESTABLISHED BY TUKWILA ORDINANCE #269.
PARCEL 352304 -9036:
PARCEL C OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L99-
0008, AS RECORDED UNDER RECORDING NO. 9906099010, RECORDS OF KING
COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 352304 -9038:
PARCEL A:
THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST
1/4 OF THE NORTHWEST 1/4; THENCE NORTH 87 °45'57" WEST, ALONG THE
NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, A DISTANCE
OF 481.05 FEET, TO THE WESTERLY MARGIN OF THE SOUTHCENTER
ver. 05 -26 -09 Exhibit 2 -17
PARKWAY; THENCE SOUTH 11 °59'33" EAST, ALONG SAID WESTERLY
MARGIN, A DISTANCE OF 1,007.07 FEET; THENCE CONTINUING SOUTH
11 °59'33" EAST, ALONG SAID MARGIN, A DISTANCE OF 94.05 FEET; THENCE
SOUTH 78 °00'27" WEST A DISTANCE OF 68.93 FEET TO AN ANGLE POINT ON
THE OLD ALIGNMENT OF SOUTH 178TH STREET (FORMERLY KNOWN AS P.J.
MUSIEL COUNTY ROAD); THENCE SOUTH 20 °03'27" WEST, ALONG THE OLD
CENTERLINE OF SAID STREET, A DISTANCE OF 221.29 FEET TO A LINE 30
FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID
NORTHEAST 1/4 OF THE NORTHWEST 1/4, BEING THE NORTHERLY MARGIN
OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET;THENCE NORTH
87 °50'57" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 233.08
FEET TO A POINT OF CURVE; THENCE ALONG SAID NORTHERLY MARGIN
ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 113.24 FEET, AN ARC
DISTANCE OF 169.17 FEET, THROUGH A CENTRAL ANGLE OF 85 °35'34 TO A
POINT OF REVERSE CURVE; THENCE ALONG SAID NORTHERLY MARGIN,
ON A CURVE TO THE LEFT HAVING A RADIUS OF 268.74 FEET, AN ARC
DISTANCE OF 29.43 FEET, THROUGH A CENTRAL ANGLE OF 06°16'32", TO
THE OLD CENTERLINE OF SAID SOUTH 178TH STREET; THENCE NORTH
29 °42'27" EAST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 52.69 FEET
TO AN ANGLE POINT; THENCE NORTH 55 °08'33" WEST, ALONG SAID OLD
CENTERLINE, A DISTANCE OF 64.04 FEET TO THE NORTHERLY MARGIN OF
THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET TO THE TRUE POINT
OF BEGINNING, AND FROM WHICH SAID TRUE POINT OF BEGINNING, POINT
"A" WHICH IS TO BE USED FOR LATER REFERENCE HEREIN, LIES NORTH
37 °55'55" EAST, A DISTANCE OF 173.09 FEET; THENCE ALONG SAID
NORTHERLY MARGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH
BEARS SOUTH 62 °56'38" WEST, HAVING A RADIUS OF 268.74 FEET, AN ARC
DISTANCE OF 157.50 FEET, THROUGH A CENTRAL ANGLE OF 33 °34'48
THENCE NORTH 60 °38'10" WEST, ALONG SAID NORTHERLY MARGIN, A
DISTANCE OF 204.96 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING
A RADIUS OF 508.59 FEET, AN ARC DISTANCE OF 25.52 FEET, THROUGH A
CENTRAL ANGLE OF 02 °52'29 THENCE NORTH 63 °30'39" WEST, ALONG SAID
NORTHERLY MARGIN, A DISTANCE OF 290.59 FEET TO THE WEST LINE OF
SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 01 °49'41"
EAST, ALONG SAID WEST LINE, TO THE SOUTH LINE OF THE NORTHWEST
1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35;
THENCE EASTERLY, ALONG SAID SOUTH LINE, TO INTERSECT A LINE
WHICH BEARS NORTH 52 °44'03" WEST FROM THE AFOREMENTIONED POINT
"A THENCE SOUTH 52 °44'03" EAST TO SAID POINT "A WHICH POINT IS
THE MOST SOUTHERLY CORNER OF A TRACT OF LAND CONVEYED TO
AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 16, 1970
UNDER RECORDING NO. 6704630; THENCE SOUTH 37 °55'55" WEST 173.09
FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE NORTH 25.25 FEET
THEREOF; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
vet 05 -26 -09 Exhibit 2 -18
PARCEL B:
THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST
1/4 OF THE NORTHWEST 1/4 THENCE NORTH 87 °45'57" WEST, ALONG THE
NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, A DISTANCE
OF 481.05 FEET, TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY;
THENCE SOUTH 11 °59'33" EAST, ALONG SAID WESTERLY MARGIN, A
DISTANCE OF 1,007.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 11 °59'33" EAST, ALONG SAID MARGIN, A DISTANCE OF
94.05 FEET; THENCE SOUTH 78 °00'27" WEST A DISTANCE OF 68.93 FEET TO
AN ANGLE POINT OF THE OLD ALIGNMENT OF SOUTH 178TH STREET
(FORMERLY KNOWN AS P.J. MUSIEL COUNTY ROAD); THENCE SOUTH
20 °03'27" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A
DISTANCE OF 221.29 FEET TO A LINE 30 FEET NORTH OF AND PARALLEL
WITH THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4,
BEING THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH
178TH STREET; THENCE NORTH 87 °50'57" WEST, ALONG SAID NORTHERLY
MARGIN, A DISTANCE OF 233.08 FEET TO A POINT OF CURVE; THENCE
ALONG SAID NORTHERLY MARGIN, ON A CURVE TO THE RIGHT HAVING A
RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169.17 FEET, THROUGH A
CENTRAL ANGLE OF 85 °35'34" TO A POINT OF REVERSE CURVE; THENCE
ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE LEFT, HAVING A
RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 29.43 FEET, THROUGH A
CENTRAL ANGLE OF 06 °16'32" TO THE OLD CENTERLINE OF SAID SOUTH
178TH STREET; THENCE NORTH 29 °42'27" EAST, ALONG SAID OLD
CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE
NORTH 55 °08'33" WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF
64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID
SOUTH 178TH STREET; THENCE NORTH 37 °55'55" EAST 173.09 FEET TO THE
MOST SOUTHERLY CORNER OF A TRACT OF LAND CONVEYED TO
AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 16, 1970
UNDER RECORDING NO. 6704630; THENCE ALONG THE SOUTHEASTERLY
LINE OF SAID CONVEYED TRACT, NORTH 42 °30'27" EAST, A DISTANCE OF
106.34 FEET, ALONG THE SOUTHEASTERLY LINE OF AMERICAN NATIONAL
INSURANCE'S TRACT TO THE INTERSECTION OF THE SOUTHWESTERLY
LINE OF A TRACT CONVEYED TO LAUREL DEVELOPMENT CO., A
WASHINGTON CORPORATION, BY DEED RECORDED UNDER KING COUNTY
RECORDING NO. 7611100056; THENCE ALONG THE SOUTHERLY LINE OF
SAID LAUREL DEVELOPMENT CO. TRACT, SOUTH 51 °25'11" EAST, A
DISTANCE OF 57.27 FEET;
THENCE SOUTH 45 °56'15" EAST A DISTANCE OF 62.15 FEET; THENCE SOUTH
51 °32'16" EAST A DISTANCE OF 47.25 FEET; THENCE SOUTH 76 °31'22" EAST A
DISTANCE OF 72.20 FEET; THENCE SOUTH 87 °45'57" EAST A DISTANCE OF
ver. 05 -26 -09 Exhibit 2 -19
120.00 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9040:
THAT PORTION OF THE SOUTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE
SOUTH 87 °51'01" EAST ALONG THE NORTH LINE OF SAID SUBDIVISION
800.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
PERPENDICULAR TO THE SAID NORTH LINE OF SAID SUBDIVISION 250.00
FEET; THENCE EAST PARALLEL WITH SAID NORTH LINE OF SAID
SUBDIVISION TO THE WEST LINE OF COUNTY ROAD NO. 540; THENCE
NORTHERLY ALONG THE SAID WESTERLY LINE OF SAID COUNTY ROAD TO
THE INTERSECTION, WITH THE SAID NORTH LINE OF SAID SUBDIVISION;
THENCE NORTH 87°5T01" WEST ALONG SAID NORTH LINE OF SAID
SUBDIVISION 335.00 FEET, MORE OR LESS, TO THE TRUE POINT OF
BEGINNING; EXCEPT COUNTY ROAD; EXCEPT THAT PORTION CONDEMNED
IN KING COUNTY CAUSE NO. 698092 BY THE CITY OF TUKWILA FOR ROAD
PURPOSES; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF
TUKWILA IN CONCOMITANT ZONING AGREEMENT RECORDED UNDER
RECORDING NO. 8708270391; SITUATE IN THE CITY OF TUKWILA, COUNTY
OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9041:
THAT PORTION OF THE SOUTHWEST 1 /4 OF THE SOUTHWEST 1 /4 AND OF
GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST,
W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY
LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION,
FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35,
BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST
1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND
ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05"
EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE
SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00
FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE
BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG
SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE
NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE
OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD
LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35;
THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE
THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00
FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID
ver. 05 -26 -09 Exhibit 2 -20
LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT
FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND
DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A
50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25
FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A
50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41
FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID
EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00
FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08'
28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE
POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 352304 -9045:
THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST %4 OF SAID
SECTION 35; THENCE SOUTH 87° 59' 06" EAST, ALONG THE SOUTH LINE OF
SAID SOUTHWEST 1 /4, 835.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 87° 59' 06" EAST, ALONG SAID SOUTH LINE,
438.99 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76;
THENCE NORTH 01° 53' 23" WEST, ALONG SAID MARGIN, 216.74 FEET;
THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 306.48
FEET, THROUGH A CENTRAL ANGLE OF 02° 52' 12 AN ARC DISTANCE OF
15.35 FEET TO A SURVEY MONUMENT ON THE SOUTH LINE OF THE NORTH
1,089.31 FEET OF SAID SOUTHWEST 1 /4 OF THE SOUTHWEST 1/4 OF SECTION
35; THENCE NORTH 87° 57' 17" WEST ON THE SOUTH LINE, 331.09 FEET,
MORE OR LESS, TO A SURVEY MONUMENT; THENCE NORTH 47° 11' 37"
WEST 32.95 FEET; THENCE SOUTH 16° 56' 40" WEST 262.12 FEET TO THE
TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY
OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9049:
THE NORTH 490 FEET OF THE EAST 100 FEET OF THAT PORTION OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 11 /4 OF SECTION 35, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE SOUTH BOUNDARY LINE OF THE SOUTHWEST 1 /4 OF THE
SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,
FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION BEARS
NORTH 89 °03'20" WEST, A DISTANCE OF 507.00 FEET; THENCE ALONG SAID
SOUTH LINE SOUTH 89 °03'20" EAST TO THE WESTERLY LINE OF COUNTY
ver. 05 -26 -09 Exhibit 2 -21
ROAD; THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE OF SAID
COUNTY ROAD, TO ITS INTERSECTION WITH THE EAST LINE OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 11 /4 OF SECTION 35; THENCE
NORTHERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF
SAID SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE
THEREOF, 100.00 FEET; THENCE SOUTHERLY PARALLEL TO THE EAST LINE
OF SAID SUBDIVISION 490.00 FEET; THENCE WESTERLY ALONG A LINE
PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 1238.31 FEET, MORE
OR LESS, TO THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTHERLY
ALONG SAID WEST LINE TO ITS INTERSECTION WITH THE
NORTHEASTERLY LINE OF THE ORILLIA ROAD EXTENSION; THENCE
SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF SAID ROAD TO
ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN
TRACT OF LAND HERETOFORE CONVEYED TO KING COUNTY BY DEED
RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, RECORDS OF KING
COUNTY, RECORDED UNDER RECORDING NO. 2722034; THENCE
SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE TO AN ANGLE
POINT HEREIN;THENCE CONTINUING SOUTHEASTERLY ALONG THE
NORTHEASTERLY LINE OF SAID TRACT, 731.2 FEET TO THE PLACE OF
BEGINNING; EXCEPT ANY PORTION THEREOF LYING WITHIN A TRACT OF
LAND CONVEYED TO KING COUNTY BY DEED RECORDED UNDER
RECORDING NO. 3353356; SITUATE IN THE, CITY OF TUKWILA, COUNTY OF
KING, STATE OF WASHINGTON.
PARCEL 352304 -9050:
THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD
KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF
DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE
INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH
THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID
NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF
THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET,
MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID
COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS,
ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE
IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9051:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,
LYING EASTERLY OF THE ORILLIA ROAD EXTENSION, DESCRIBED AS
FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION
35;THENCE SOUTH 87 °56'00" EAST ALONG EAST AND WEST CENTER LINE
ver 05 -26 -09 Exhibit 2 -22
960 FEET; THENCE SOUTH 53 °24'59" WEST 727.57 FEET TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 38 °42'02" EAST 1144.63 FEET TO SOUTH
LINE OF NORTHWEST QUARTER OF SOUTHWEST QUARTER; THENCE
SOUTH 87 °57'00" EAST ALONG SAID SOUTH LINE 100 FEET TO SOUTHEAST
CORNER SAID SUBDIVISION; HENCE NORTH 04 °04'00" EAST ALONG EAST
LINE TO A POINT BEARING SOUTH 85 °56'00" EAST FROM BEGINNING;
THENCE NORTH 85 °56'00" WEST TO THE TRUE POINT OF BEGINNING;
EXCEPT ANY PORTION LYING WITHIN THAT CERTAIN TRACT CONVEYED
TO CHARLES C. STRONG AND OTHERS, DATED JULY 5, 1904, AND
RECORDED UNDER RECORDING NO. 322573; AND EXCEPT THAT PORTION
CONDEMNED IN KING COUNTY SC# 590470 FOR PRIMARY STATE HIGHWAY
NO. 1. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 352304 -9055:
LOT 1 OF SHORT PLAT NO. 86- 45 -SS, RECORDED UNDER KING COUNTY
RECORDING NO. 8609081152; SITUATE IN THE CITY OF TUKWILA, COUNTY
OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9065:
THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF
ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION;
THENCE SOUTH 87 °58'28" EAST 165 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 87 °58'28" EAST 80 FEET; THENCE
NORTH 15 °00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID
SUBDIVISION; THENCE NORTH 87 °58'28" WEST 80 FEET; THENCE SOUTH
15 °00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION
LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH
STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 352304 -9066:
THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY
ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST
ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF
SOUTHWEST CORNER OF SECTION; THENCE NORTH 26 °48'20" WEST TO
NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH
vet. 05 -26 -09 Exhibit 2 -23
87 °58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15 °00'00' EAST TO
BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE
HIGHWAY NO. 1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN
THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9068:
THAT PORTION OF THE SOUTHWEST 1 /4 OF THE SOUTHWEST 1 /4 OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE
SOUTH 04° 04' 20" WEST, ALONG THE EASTERLY LINE OF SAID
SUBDIVISION, A DISTANCE OF 490 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 87° 57' 17" WEST, PARALLEL WITH THE
NORTHERLY LINE OF SAID SUBDIVISION, A DISTANCE OF 843.32 FEET TO A
POINT WHICH IS SOUTH 87° 57' 17" EAST 495 FEET FROM THE WESTERLY
LINE OF SAID SUBDIVISION; THENCE SOUTH 282.00 FEET TO THE THREAD
OF A CREEK FLOWING SOUTHEASTERLY; THENCE SOUTH 47° 11' 37" EAST
486.74 FEET TO A POINT ON THE THREAD OF SAID CREEK; THENCE SOUTH
87° 57' 17" EAST 338.76 FEET TO AN INTERSECTION WITH THE WESTERLY
MARGIN OF MESS BROS. COUNTY ROAD NO. 76 (57TH AVENUE SOUTH) AS
PRESENTLY LOCATED AND HAVING A TOTAL RIGHT OF WAY WIDTH OF 40
FEET; THENCE ALONG SAID ROAD MARGIN, ALONG A CURVE TO THE
RIGHT, HAVING A RADIUS OF 306.48 FEET, THE CENTER OF WHICH BEARS
SOUTH 88° 40' 12" EAST, AN ARC DISTANCE OF 143.56 FEET; THENCE NORTH
28° 10' 08" EAST 191.48 FEET TO AN INTERSECTION OF SAID ROAD MARGIN
WITH THE EASTERLY LINE OF SAID SUBDIVISION; THENCE NORTH 04° 04'
20" EAST 289.11 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT
PORTION THEREOF LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 AS
CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 672088;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL 352304 -9078:
THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35;
THENCE NORTH 05°44'13" EAST ALONG THE WESTERLY LIMIT OF SAID
SECTION 833.82 FEET; THENCE SOUTH 87°57'17" EAST PARALLEL TO THE
NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT
OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SOUTH 188TH
STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE CONTINUING SOUTH 87°57'17" EAST 61.01 FEET;
THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT -OF -WAY MARGIN
OPPOSITE ENGINEER'S STATION JR 36 -00; THENCE SOUTH 82 °46'30" WEST
59.85 FEET; THENCE NORTH 07 °13'30" WEST 106.15 FEET; THENCE ALONG A
ver. 05 -26 -09 Exhibit 2 -24
CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE
OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION,
IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH
188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE
OF WASHINGTON.
PARCEL 352304 -9090:
THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M.,
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF
SAID SUBDIVISION; THENCE ALONG THE SOUTH LINE THEREOF SOUTH
87 °50'57" EAST 365.16 FEET; THENCE NORTH 02 °09'03" EAST 137.09 FEET;
THENCE NORTH 23 °27'57" EAST 179.32 FEET TO THE SOUTHWESTERLY
MARGIN OF SOUTH 178TH STREET; THENCE ALONG SAID MARGIN SOUTH
60 °38'09" EAST 10.11 FEET; THENCE ALONG SAID MARGIN SOUTHEASTERLY
ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 208.74
FEET, A DISTANCE OF 10.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID MARGIN AND SAID CURVE A DISTANCE
OF 70.00 FEET; THENCE SOUTH 21 °38'27" WEST 120.39 FEET; THENCE NORTH
68 °52'03" WEST 70.06 FEET; THENCE NORTH 23 °27'57" EAST 145.00 FEET TO
THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA,
COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9104:
THAT PORTION OF GOVERNMENT LOT 5 AND OF THE SOUTHWEST 1 /4 OF
THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST,
W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A MONUMENT AT
NORTHEAST CORNER OF SAID SOUTHWEST 1 /4 OF THE NORTHEAST 1 /4;
THENCE SOUTH 07 °44'56" WEST 956.67 FEET TO A POINT OF A CURVE;
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2500 FEET
THROUGH A CENTRAL ANGLE OF 05 °22'20 AN ARC DISTANCE OF 234.41
FEET; THENCE NORTH 76 °52'44" WEST 30 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 69 °15'04" WEST 55.31 FEET; THENCE NORTH
30°55'15" WEST 56.43 FEET; THENCE NORTH 82°15'04" WEST 185.24 FEET;
THENCE SOUTH 07 °44'56" WEST 51.23 FEET; THENCE ALONG A CURVE TO
THE RIGHT RADIUS 447.465 FEET THROUGH A CENTRAL ANGLE OF 13 °00'00"
AN ARC DISTANCE OF 108.33 FEET; THENCE SOUTH 20 °44'56" WEST 396
FEET; THENCE SOUTH 69 °15'04" EAST 180 FEET; THENCE SOUTH 20 °44'56"
WEST 15 FEET; THENCE SOUTH 69 °15'04" EAST 85.77 FEET; THENCE ALONG
A CURVE TO THE LEFT WITH A RADIUS OF 2470 FEET THROUGH A CENTRAL
ANGLE OF 13°22'12" AN ARC DISTANCE OF 576.38 FEET TO THE TRUE POINT
OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING,
STATE OF WASHINGTON.
ver. 05 -26 -09 Exhibit 2 -25
PARCEL 352304 -9108:
A 20.0 FOOT WIDE STRIP OF LAND LOCATED WITHIN THAT PORTION OF
THE EAST 1/ 2 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,
LYING SOUTHERLY OF THE SOUTHERLY LINE OF SOUTH 180TH STREET,
HAVING 10.0 FEET OF SUCH WIDTH ON EITHER SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE: BEGINNING AT A MONUMENT AT THE
INTERSECTION OF THE CENTERLINE OF ANDOVER PARK WEST WITH THE
CENTERLINE OF SOUTH 180TH STREET; THENCE SOUTH 87 °50'09" EAST,
309.00 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT,
HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF
08 °25'33 AN ARC DISTANCE OF 44.12 FEET; THENCE ALONG A CURVE TO
THE RIGHT, WHOSE CENTER BEARS NORTH 77 °23'28" WEST, HAVING A
RADIUS OF 572.96 FEET, THROUGH A CENTRAL ANGLE OF 03 °49'21 AN ARC
DISTANCE OF 38.23 FEET, TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 572.96
FEET, THROUGH A CENTRAL ANGLE OF 00 °25'46 AN ARC DISTANCE OF
4.29 FEET, TO A POINT OF COMPOUND CURVE; THENCE ALONG A 14°
CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 58 °14'17 AN ARC
DISTANCE OF 415.99 FEET; THENCE SOUTH 75 °05'56" WEST, 139.64 FEET TO
A POINT OF CURVE; THENCE ALONG A 14° CURVE TO THE LEFT, THROUGH
A CENTRAL ANGLE OF 55 °41'00 AN ARC DISTANCE OF 397.74 FEET;
THENCE SOUTH 19 °24'56" WEST, 161.29 FEET TO A POINT OF CURVE;
THENCE ALONG A 12° CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE
OF 11 °40'00 AN ARC DISTANCE OF 97.22 FEET; THENCE SOUTH 07 °44'56"
WEST, 261.95 FEET TO A POINT OF CURVE; THENCE ALONG A 12° CURVE TO
THE RIGHT, THROUGH A CENTRAL ANGLE OF 13 °00'00 AN ARC DISTANCE
OF 108.33 FEET; THENCE SOUTH 20 °44'56" WEST, A DISTANCE OF 400.00 FEET
TO THE TERMINUS OF THIS CENTERLINE; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9109:
THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST /4 OF THE
NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, M.M.,
LYING SOUTH AND WEST OF P.J. MUSIEL ROAD (SOUTH 178TH STREET),
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF
SAID SOUTHWEST 1/40F THE NORTHEAST '/4 OF THE NORTHWEST OF SAID
SECTION; THENCE NORTH 01° 49' 41" EAST ALONG THE WEST LINE OF SAID
SOUTHWEST 1/4 503.47 FEET TO A POINT ON THE SOUTHERLY MARGIN OF
SAID P.J. MUSIEL ROAD; THENCE SOUTH 65° 26 33" EAST ALONG SAID
SOUTHERLY MARGIN, 374.01 FEET; THENCE SOUTH 55° 13' 03" EAST 104.12
FEET; THENCE SOUTH 23° 27' 57" WEST 180 FEET; THENCE NORTH 87° 50' 57"
WEST 25 FEET; THENCE SOUTH 23° 27' 57" WEST 147.13 FEET; THENCE
NORTH 87° 50' 57" WEST 286.71 FEET TO THE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF SOUTH 187TH STREET, MUSIEL ROAD,
vet 05 -26 -09 Exhibit 2 -26
PARCEL 352304 -9112:
PARCEL 352304 -9115
AS VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 556 AND
RECORDED UNDER RECORDING NO. 6516240 EXCEPT THAT PORTION
CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER
RECORDING NO. 64055081. SITUATE IN THE CITY OF TUKWILA, COUNTY OF
KING, STATE OF WASHINGTON.
LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. 85- 19 -SS, RECORDED UNDER
KING COUNTY RECORDING NO. 8505090619; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL E OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02-
029, AS RECORDED UNDER RECORDING NO. 20021007900001; RECORDS OF
KING COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING,
STATE OF WASHINGTON.
PARCEL 352304 -9116:
PARCEL D OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02-
029, AS RECORDED UNDER RECORDING NO. 20021007900001, RECORDS OF
KING COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING,
STATE OF WASHINGTON.
PARCEL 352304 -9117:
THAT PORTION OF THE SOUTHEAST 1 /4 OF THE SOUTHWEST 1 /4 OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE
SOUTH 87 °58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO
A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE);
THENCE NORTH 01 °54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE
ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES
OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES;
NORTH 88 °05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT
RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 62 °10'00" AND AN ARC LENGTH OF 54.25 FEET;
THENCE NORTH 25 °55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00
FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 83 °13'26" AN ARC LENGTH OF 44.41
FEET;THENCE SOUTH 70 °51'32" EAST 121.13 FEET TO THE END OF SAID
EASEMENT; THENCE SOUTH 19 °08'28" WEST 10.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUE SOUTH 19 °08'28" WEST 100.00 FEET;
THENCE NORTH 70 °51'32" WEST 100.00 FEET; THENCE NORTH 19 °08'28"
ver 05 -26 -09 Exhibit 2 -27
PARCEL 352304 -9118:
PARCEL 352304 -9119:
EAST 100.00 FEET; THENCE SOUTH 70 °51'32" EAST 100.00 FEET TO THE POINT
OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL F OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L99-
0008, AS RECORDED UNDER RECORDING NO. 9906099010, RECORDS OF
KING COUNTY, LOCATED WITHIN SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M.; SITUATE IN THE CITY OF TUKWILA, COUNTY OF
KING, STATE OF WASHINGTON
PARCEL A OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02-
029, AS RECORDED UNDER RECORDING NO. 20021007900001, RECORDS OF
KING COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING,
STATE OF WASHINGTON.
PARCEL 352304 -9120:
THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE SOUTH 87 °50'09"
EAST ALONG THE NORTH LINE THEREOF 449.30 FEET; THENCE SOUTH
02 °09'51" WEST 36.00 FEET TO THE SOUTH MARGIN OF SOUTH 180TH
STREET AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 °50'09"
EAST ALONG SAID SOUTH MARGIN 786.92 FEET; THENCE ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL
ANGLE OF 95 °35'05" AN ARC DISTANCE OF 83.41 FEET; THENCE SOUTH
07 °44'56" WEST 348.56 FEET; THENCE NORTH 87 °50'09" WEST 802.76 FEET;
THENCE NORTH 02 °09'51" EAST 401.77 FEET TO THE TRUE POINT OF
BEGINNING; (ALSO KNOWN AS LOT 3 OF CITY OF TUKWILA BOUNDARY
LINE ADJUSTMENT NO. 93 -0085, RECORDED UNDER KING COUNTY
RECORDING NO. 9311301961); SITUATE IN THE CITY OF TUKWILA, COUNTY
OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9121:
LOT 4 OF BOUNDARY LINE ADJUSTMENT NO. 93 -0085, RECORDED UNDER
KING COUNTY RECORDING NO. 9311301961, RECORDS OF KING COUNTY,
WASHINGTON; BEING A PORTION OF THE SOUTHWEST 'A OF THE
NORTHEAST 1/4 AND GOVERNMENT LOTS 2 AND 5 IN SECTION 35, TOWNSHIP
23 NORTH, RANGE 4 EAST, W.M. SITUATE IN THE CITY OF TUKWILA,
COUNTY OF KING, STATE OF WASHINGTON.
ver 05 -26 -09 Exhibit 2 -28
PARCEL 352304 -9017:
THAT PORTION OF GOVERNMENT LOT 7, SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING ON THE
EASTERLY MARGIN OF COUNTY ROAD IN GOVERNMENT LOT 7, IN SAID
SECTION AT A POINT SOUTH 89 °03'20" EAST 1,656.75 FEET AND NORTH
00 °56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08 °13'05" EAST 36.70
FEET; THENCE SOUTH 19 °59'25" WEST 520.10 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 73 °05'40" EAST 233.32 FEET;
THENCE NORTH 16 °29'55" EAST 374.00 FEET; THENCE NORTH 66 °02'38"
WEST 211.14 FEET TO A POINT WHICH BEARS NORTH 19 °59'25" EAST FROM
THE TRUE POINT OF BEGINNING; THENCE SOUTH 19 °59'25" WEST 420.10
FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 0322049020 (ZGRAGGEN EASEMENT AREA):
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE
W.M., KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE
NORTH 89° 38'12"EAST ALONG THE SOUTH LINE OF SAID SUBDIVISION A
DISTANCE OF 442.17 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 25°
39' 15 "EAST 1478.76 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10;
THENCE SOUTH 89° 45'55 "WEST ALONG SAID NORTH LINE 112.43 FEET;
THENCE SOUTHERLY THE FOLLOWING COURSES; SOUTH 43° 22'57 "WEST
64.64 FEET; THENCE SOUTH 34° 43'25 "WEST 147.78 FEET; THENCE SOUTH 42°
25'05 "WEST 375.79 FEET; THENCE SOUTH 39° 30'43 "WEST 99.04 FEET;
THENCE NORTH 79° 43'59 "WEST 97.03 FEET TO AN ANGLE POINT ON THE
BOUNDARY LINE OF THE ST. PATRICK CEMETERY; THENCE SOUTH 32°
46'02 "WEST ALONG THE EAST LINE OF SAID CEMETERY A DISTANCE OF
176.58 FEET; THENCE SOUTH 89° 46'02 "WEST ALONG THE SOUTH LINE OF
SAID CEMETERY 180.04 FEET; THENCE LEAVING THE BOUNDARY OF SAID
CEMETERY SOUTH 68° 27'52 "WEST 167.68 FEET TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10;
THENCE SOUTH 00° 12'08 "EAST ALONG SAID WEST LINE 619.60 FEET TO THE
POINT OF BEGINNING.
vet. 05 -26 -09 Exhibit 2 -29
PARCEL 032204 -9102:
PORTION OF THE SOUTHEAST 1 /4 OF SECTION 3, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A STONE MONUMENT WHICH IS THE SOUTHEAST CORNER
OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE SOUTH
89 °36'00" WEST ALONG THE SOUTH LINE OF SAID SECTION 3, A DISTANCE
OF 1,326.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
89 °36'00" WEST, ALONG SAID SECTION LINE, 866.40 FEET; THENCE NORTH
26 °08'00" EAST 1,477.50 FEET TO THE SOUTH LINE OF SOUTH 204 STREET;
THENCE SOUTH 89 °37'00" EAST, ALONG SAID ROAD, 791.30 FEET; THENCE
SOUTH 35 °36'00" WEST 973.80 FEET, ALONG THE WEST BANK OF DRAINAGE
DITCH; THENCE SOUTH 0 °38'00" WEST 522.90 FEET, ALONG THE WEST BANK
OF DRAINAGE DITCH TO THE POINT OF BEGINNING; SITUATE IN THE CITY
OF KENT, COUNTY OF KING, STATE OF WASHINGTON.
TOGETHER WITH ALL RIGHTS, TITLE, INTERESTS, LICENSES, PRIVILEGES,
REVERSIONS AND EASEMENTS APPURTENANT OR ATTACHING THERETO
BY OPERATION OF LAW TO ALL OF THE ABOVE DESCRIBED PARCELS.
ver. 05 -26 -09 Exhibit 2 -30
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COLLINSWOERMAN
TUKWILA SOUTH PROJECT MASTER PLAN
La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN III
MAY 2009
TABLE OF CONTENTS
PAGE NUMBER
1
7
19
INERASIRABOIMING
UCI
21
DEVE.LOPM'ENT
AP P EN A
P‘anta LLCVOIONtLA SOUTS4 PROJECT MSG
600Z ou4
10-18. )331csi NI 1)3f 021 VAISIOS trIVICAt11. ")11 eltveld
NOIS1A.
e ts,
This Master Plan document defines n epe e oaoa
objectives and vision of Sega le
transition almost 500 ac to a memorable
property in Tukwila, Washington, nationally and
regional destination that c compete oods and services.
internationally for employers
With nearly 500 acretto 1-5, the South project
Airport and adjacen ment parcel in the
site is the largest private develop
greater Seattle area. Properly planned and imp lemented,
the project will provide 25,000 new jobs and join the
University of Washington, Microsoft and Boeing Everett as
on's fourth major, "non Central Business District"
the regi
employment center. It w' ro b de Ignifictano benefits t n
ajr new node in the region and p rove the quality of life of its
the city of Tukwila and imp
residents.
Because of the sheer size of the site, the implementation
span many development cycles over 25
of this vision will sp earl development
to 30 years. The initial value created by Y
efforts will allow infill development th property and increase
will continue to build v alue for
density over time.
The Tukwila South development strategy emphasizes
le uses, including 5 to 10 million square feet of
multip ace 1 to 2 million square
office technology flex -tech sp lann
f goods d services, and 700 to 1,900 units o pedestrian- oriented districts. A well -p
us uses u
COLLINSWOERM
ulti -use environment will also help mitigate development risk as the
yet of goo s an
in fine-grained, ment cycle.
housing. These uses will begrouped ment cycle to develop
for various fluctuate from develop
f The project's design will integrate its western
is natural environment include the enhancement of Johnson Ditch into a fish- rien s
The of it of a 32-acre
Tukwila creation Master Plan's measures a o protect and enhance River, the site's natu
complex. enity
T
heTu fish habitat in the Green River, and the restoration tural environments with visual connections to the g reen am
tributary, the creation of back-water sshared parking con cepts, and create internal
hansportndi the infrastructure open e amenity of the Green River to the east.
hillside and the open space
La P +anta LLC
TUKWILA SOUTH PROJECT MASTER MAA
THE MASTER PLAN AND THE CITY'S COMPREHENSIVE PLAN
The Tukwila South Master Plan's vision and guiding principles mirror and reinforce
those set out in the City ofTukwila's Comprehensive Plan. As described in this
document,Tukwila South will substantially aid the City in creating "safe and secure
places to live" and "an economy that provides jobs, ways to get around, schools,
and recreational opportunities" all identified as core reasons for the creation of its
Comprehensive Plan.
The Master Plan also allows the City opportunities to satisfy the Growth
Management Act requirements set out in the Comp Plan's introduction, including
the identification of "Urban Growth Areas that can accommodate at least 20 years
of new population and employment" and the identification and protection of "open
space corridors of regional significance." Most importantly, it materially assists what
is identified as the Comp Plan's primary charge: to preserve and enhance "Tukwila's
long -term economic growth and community viability and identity" The Master Plan
represents a rare opportunity to create a strong and appealing identity for the site
itself and serve as a highly visible, memorable gateway to the city of Tukwila as a
whole.
Southcenter Parkway (57th Avenue S) will be expanded and extended through the
site in a new alignment; this will provide an improved connection to the area from the
Tukwila Urban Center. Improved east -west access
will be provided by realignment of S 178th Street;
a future east -west access from Orillia Road to the
site will also be developed to accommodate full
buildout.
Some modification of the western hillside will
occur, but the majority of the hillside will remain
untouched as an amenity. Portions of the hillside
on the north end of the property will be graded
and re- lansdscaped to accomodate the relocation
of S 178th Street and to provide fill material for
the project. On the south end of the site, north of S 200th Street, it is expected that
portions of the hillside will be graded to accommodate development. Special design
consideration will be covered by residential design guidelines to be developed and
adopted prior to residential development.
TUKWILA SOUTH PROJELT MASTER PLAN La Manta LLC
MAY nr.
On -site amenities will include landscaped open space, plazas and courtyards,
and a pedestrian /bicycle pathway along the Green River.
Because the Tukwila South Master Plan is organized around a combination
of campus -type research and office environments and districts, the quality
of building design
will likely be
substantially higher
than that found in
the surrounding
industrial and retail
uses. Building
design, construction,
and materials will
be of institutional
quality, and
coordinated through
comprehensive urban
design principles.
The Master Plan is consistent with City goals calling for zoning and
development regulations that encourage growth in certain areas, promote
economic use of industrial lands outside the MIC, and retain large
parcels in order to facilitate their efficient use. Tukwila South is one of
the areas considered for new employment and residential growth in the
Comprehensive Plan.
A mix of uses will be oriented along
and a secondary onsite
street system will be developed with pedestrian circulation in mind, with
features such as sidewalks and appropriate signage for pedestrians. The
site will be organized around pedestrian- oriented circulation systems, with
simplified vehicular circulation, to foster linkages within the campus(es).
CO LLIN SWOERM AN
COLLINSWOERMAN
GUIDING PRINCIPLES
III
La Narita LLC TUKWILA SOUTH PROJECT MASTER PLAN
MAY 2009
Communities are not instant creations of urban designers. They are
places that grow and evolve as changing needs, opportunities and
personalities contribute to their form. The best communities build on
their history and background while creating a bold vision for the future.
BACKGROUND
The Tukwila South project represents an opportunity for the City to
enhance its competitive position in the regional marketplace. At
approximately 500 acres, the site's sheer size, combined with the
consolidated land ownership, existing lower density uses, and proximity to
the airport, it is certain to attract attention from national and international
companies seeking expansion opportunities.
The property currently contains a mix of
industrial and agricultural uses with a high
potential for redevelopment and the ability
to transition to a dynamic urban multi -use
district as it phases out its existing, lower
density uses.
The Segale family has been systematically
assembling property within the Tukwila
South area for over 50 years. While there
have been discussions about development
and markets that could havefilled the property with many of the retail
and industrial uses common to this part of the Valley, the land has yet to
see its first significant development.
The guiding principles developed
for the project arose from the
history of the Segale family, the
natural beauty of Puget Sound
and the site's key characteristics.
With this background as our
starting point, we have created the
following ten guiding principles for
the Tukwila South Master Plan. It is
from these that our development
plan has been conceived. Additional information on the background of
these principles are located within the appendix of this Master Plan.
COLL INSWOERMAN
PRINCIPLE #2: CREATING A DESTINATION
The Tukwila South project will become a regional destination.
Tukwila South is a regionally
visible site. The site is
considered "close in" in real
estate terms and is adjacent
to one of the region's largest
retail destinations. Many of
the valley's residents and
businesses move through
or around the site daily. Its
access and visibility from
the valley and eastern edge
neighborhoods make it a
natural regional destination.
PRINCIPLE #1: LONG TERM VISION
The development of Tukwila South will be guided by a long -term vision that will create
a different, more cohesive development pattern than if the property was developed on
a parcel -by- parcel basis.
A long -term vision requires a commitment to make decisions and investments that
support its development. The Segale family has committed to this long -term vision
and to building out the site's central infrastructure including temporary and permanent
stormwater and erosion control, mitigation for environmental impacts, mass grading
and relocation of the existing flood protection barrier dike as the initial phase. This
investment will ensure the long -term plan is implemented.
The site's initial value is
enhanced by its proximity
to significant regional
investments such as SeaTac Airport, the Southcenter retail district, and 1- 405,1 -5,
SR 167 and many other local arterials. The Master Plan will ensure these assets are
leveraged.
La Pianta LL.0 TUKWILA SOUTH PROJECT MASTER PLAN
MAY 2009
GUIDING PRINCIPLES
PRINCIPLE #3: BUILDING VALUE
Development decisions will be weighed by their ability to maximize the site's potential
to create value.
Tukwila South's full potential can only be reached through the implementation of a
long -term strategic vision that uses each newly developed parcel to lift the value of
the remaining parcels. This vision and Master Plan will span many development cycles.
Early developments will include low -cost surface parking lots and lower density
commercial uses that will allow room for future infill development and redevelopment
when structured parking makes economic sense. As the value of the land increases,
redevelopment of surface parking lots and infill sites will follow to maximize future
density. This can only occur because a significant share of the site is in single
ownership.
At just under 500 acres, Tukwila South could include regional employment, housing,
and goods and services. Multi -use districts will allow many of these uses to work
together by sharing infrastructure, parking, and access. These districts will enable
the creation of a highly desirable, fine grained pedestrian environment. When
housing, jobs, and goods and services are located appropriately, a community is
created.
PRINCIPLE #4: MULTI USE
Tukwila South will include employment, goods and services, and housing. The
project will be multi -use and include a wide range of businesses instead of focusing
on industrial and retail users. Residential is also being considered to bring additional
vitality to the area.
A development strategy that emphasizes multiple uses will increase the rate of
development and create a more desirable environment for each use: retail supports
housing and jobs, housing supports retail and jobs, jobs support retail and housing.
This diversity of uses will support the creation of destination districts, increase the
project's overall value, and enhance the vitality of the city of Tukwila. The market
value of office and hotel uses will be increased by having retail and restaurant uses
nearby. A well planned multi -use environment will also help mitigate development
risk as the markets for various uses fluctuate from development cycle to development
cycle.
Careful consideration of use adjacencies is essential to ensure efficient sharing of
TUKWILA SOUTH PROJECT MASTER PLAN La Pianta LLC
MAY ZOOS
amenities, parking and infrastructure. Initial planning configurations must
also keep future infill development opportunities in mind to ensure judicious
use of each square foot of the project's land.
PRINCIPLE #5: INCREASING DENSITY OVER TIME
Tukwila South will be
planned to accommodate
increased density over time.
As noted in the discussion
of Principle #3, the surface
parking lots dictated by
today's market opportunities
for employment, goods
and services, and housing will provide the basis for each developing
district, enabling its evolution over time into a denser environment. With
each development, the district will become more desirable. This increase
in value will allow infill development in the early -phase parking lots and
redevelopment of lower density commercial uses.
Early -phase uses must, therefore, be carefully chosen to complement each
other and serve as engines for future development. It is essential to pick the
right retailers, the right employment clusters, and the right mix of housing to
create the synergy necessary to allow all of the uses to thrive.
PRINCIPLE #6: QUALITY ENVIRONMENT
Tukwila South will create a memorable regionally identifiable place.
Tukwila South will build on the Northwest tradition of quality outdoor
environments by integrating its iconic outdoor spaces with high quality
indoor spaces. Quality building materials combined with traditional Puget
Sound building elements (canopies, lush landscaping, etc.) will create
memorable and regionally identifiable environments that help attract world
class talent.
Growth in the regional economy is expected to come in four major sectors:
aerospace, life sciences, information technology, and trade and logistics.
Due to its size and location, Tukwila South is perfectly situated to bring
these new types of jobs to the city of Tukwila.
COLLINSWOERMAN
Because these businesses need to attract the best and brightest, they demand a very
high quality work environment. Tukwila South offers the opportunity to live and
work in a single location, increasingly associated with a high quality of life. Beautifully
designed public spaces will be required to connect jobs with goods and services, and
goods and services and jobs with housing.
COLLMSWOERMAN
The people who work atTukwila South will want a
development environment that is clean, safe, well
organized, and convenient. More than that, like many
who live and work in the Northwest, they value quality
outdoor environments. Tukwila South's outdoor and
indoor environments will be integrated wherever
possible, and the project's amenities will provide
a variety of on -site recreational opportunities and
connections to the site's outdoor environments.
The buildings and the spaces between the buildings
will be designed to work together. Institutional
quality building materials and landscape design will
support memorable buildings that become Tukwila
South's image in the Puget Sound. Establishing clear
boundaries and gateways for the project will help
define Tukwila South in its environment.
PRINCIPLE #7: CONNECTIONS
Tukwila South will connect externally to neighboring and regional assets, as well as
internally by connecting its districts and their uses.
The Tukwila South Master Plan connects the project to its surroundings on many
different levels:
Extending Southcenter Parkway through the site to S 200th Street not only
connects the property to regional infrastructure, but allows efficient circulation for
the site's users and creates a new gateway to the Tukwila Urban Center.
Relocating S 178th Street connects adjacent neighborhoods to Tukwila South's
new neighborhood goods and services and provides an access point with
greater capacity and safety.
Selecting retailers compatible with Southcenter's existing tenants will
allow Tukwila South to connect to Tukwila's reputation as a regional
retail center.
The five minute connection to SeaTac Airport will draw airport tenants,
travelers and businesses seeking international relationships to Tukwila
South. A future non- auto -based transportation link will further enable
the growth of airport- dependent users.
Providing pedestrian connections throughout the project from
district to district, district to trails and amenities, and district to
surrounding neighborhoods will encourage non auto -based trips
and attract residents and employers.
Strategically locating public parking will create a "park- once"
environment that makes it easy for pedestrians to connect to site
amenities, goods and services, jobs, and housing.
PRINCIPLE #8: AMENITIES
Tukwila South will create a comprehensive amenity system that leverages
the site's assets.
The Tukwila South project is perfectly
positioned between two of the area's most
striking natural amenities: the wooded
hillside to the west, and the Green River
to the east. Each of these offers almost
unlimited recreational opportunities, as well
as views of the river valley and Mt. Rainier.
The appropriate mix of goods and services on the site will be viewed as
an amenity to housing and office users that will allow Tukwila South to be
highly competitive in the Puget Sound marketplace, and the pedestrian
quality of the project's secondary road system will foster an activated
streetscape that will make Tukwila South highly desirable.
Finally, the Master Plan will ensure the site's access to nearby amenities
such as SeaTac Airport and Tukwila Urban Center's retail hub will be easy
and convenient.
La PYanta TLC TUKWILA SOUTH PROJECT MASTER PLAN MI
MAY 2009
iNG PRINCIPLES
C Y transitionTukwila South
N STRA
IM PLE MENTATION S t° successfully
PRINCIPLE #9' phased n urban
from he strategically 1 roperty designe d
from toa
dustria m will be tthe ver tical
Developm
evelopm ?c must planning features This
d in
roman agricultural and
m d through i
must be maintain am enity sy stems.
any of the sites infrastructure roadway and
While many i phase fl the e se secondary ditions• eduled
and built in districts a m arket co an d is sch
ent °f the meet chang t hree years m
developm
required to m expected to take a infrastructure
flexibility Infrastructure Phase is ex e all of the sites spin
Development P d of this phase,
The I At the en d development
for the Years 2010-2 ants an with
with potential ten
ongoing concurrent
will be in place.
Dis Discussi been develop
the planning nn d i an
the planning sites infrastructure ll
efforts. Completing t e o f certainty about a sense first new tenants
ill create ure. The site's fi completion of
at once w t`s fu after the
developm soon will take d
i
TEW ARpSNIP enhancing the site's
ENVIRONMEN A a e in protecting and
PRINCIPLE oa pro ject has a huge seriously
The Tukwila South
environment have
ent• of Tukwila S
natural environm stewards uth's sustainable p
its role as stet do but bec ment in clude:
The Segale family takes
the nigh e ntal enhance t of di
not o
greater
g natural w refuge" Hands and t the
nearby ted restored through
g for
fish habitat with were historica stream River u ai a now and therefore ha r
Tributa the Green but a re now
refuge on Ivey bas"
lower Green R• of wildlife.
fish and a variety
„-u PRO }PCT MASTER PIAN I. Ponta VAC
miy r ight thi itches
my because it is acceptance. Environm roveme
ccep wetland and importing fish rearing a
ter market a pasture w able of sump River ch annel.
ent of p s cap Green
en hancem ent
into streams habitat the nd flood flow
Protection and al ood -flg abitat
c onvey" "flood o toyed wetlands
creating n •th assocra Are ta t -limit"
s f the re- creation
Provisio habitats out of
of valuable agricultural ditches.
degra ce the aquatic
In the process,
habitat enhancement plan will
mitigate for filling peripheral
eral
eriph
and
and isolated wetlands anctive
ditches now located in a
croplan
Enhancement of Johnson
Creek into a fish f riendly
tributary connected to the
Green River.
Creation of ba water fish
habitat in the Green River.
Restoration of a wetland
roximately 32
ac
complex aped w ith the
acres drainage of the Green
tributa as hi s torica 1 ly
River that w
present b now absent in the
basin.
is will includ
able planning concep
S is
ustain e nts
Integrated
transit environn'ren
o rganiza tion parkoncen site
Shared parking concepts lots
parking sections to
Redevelopment of surface p With visual con
Redev ironments w
Creating internal natural env
natural amenities
COlLINSWOERMAN
L WO USE ELEMENTS
t a Piantall.C. Tt310111. SOLVV1-1 Pg0 JEC1 MASTEg Pt.7A1\1.9
T CONCEPT aide long
r ovideafra mev rorkt o opportun
TheTuk OPMEN create the et
Master Plan is intended acre site and ion Between
The Tukwila South M a pproxima tel y jobs for the region. development t of the app created in a combina
term engine that would result in new j
will be
for an economic eng onrnents, and districts nt Mt. 11 include views,
14 million square feet o e n develop ment on prominent Mt. Rainier views
AO and office and research Given its p district, the
of campus offi
the 5outhcenteT hopping
residential, hotel and recreational n River and °si nature property.
d snot ntia 1 distinctive 9
loc tent�al f u s are
as
ation a jac or a tru y will be
site o{fers the p er camp ecializing
aster Plan is that larg anies e
in feature of the M us setting with expan
The underlying accommodate national and international companies
positioned to echomm industries drawn to f the site could c ontain 1 alsorse expansion
as
in potential. illage on technology the n orth end
retail v Th dose proximity to
potential. A hotel and recreaCanfeC se
supporting retail, residential, h regional transportation infrastructure
the-Tukwila Urban transportation options•
a gateway to the site from odal transp open spaces
airport and direct access to the ul i m s will frame °p
sea Tac airp 1_405, and S 67) create m uilding
us environment, b ed interna
network (1'5, spaces. Pedestrian-orient ovement
development's camp gathering p promote ease of m retail,
In the develop azas and public g
with central plazas access to recreational, materials
ion and simplified vehicular while providing pro cons truction
rest at ration while p design, les.
hospitality amenities. Building rincip
an d foster a sense of integration a design p
r
and h °sP� h comprehensive for between 10
restaurant, o pportuni t y will be coordinated through provides °pp to employment,
t for the overall site p those related a of uses for
meat concept ix o f uses including assumed rang This
The development feet of a m square feet.
and 14 million square services. Table 1 shows 4 million sq
and goods and square feet and t areas should T
housing within the c the specific level
development scenarios of ed million u w
e an d assumed The potential locations of
buildout rang ultimately, market forces will determine
considered conceptual;
development and the mi of uses over the long
ofd
ASSUMED SANGE of USES
ri
Vs* soiptiorr
Goods I
oil
u7H pt'tEtt704,
to Sri
1
14e( T'
LAND
h plans on the following
n within t market forces.
s categories
of uses show determined by
t d will be
he
the hillside 'de on
The natural boundaries presented by t
the west and t h e Green River on t The the east drive
concept sites the
north -south orientation. amenities such as plazas
features public and private am lazas
and pedestrian/bicycle
edestrian) areas. There
en space areas, scent areas. There
landscaped that campu to adjacent Green
s that link the ublic access to the
pathway Green River Tr
will be opportunities for new p edes the west
connections to the existing for ap along
River and there may be a p greater
In the future Alignment of 5outhcenter Parkway to Briscoe Park. 9 from the Green River will afford g
crossing the site and further away public river ac cess,
southern portions
space areas and
e
f
the site will serve as the campus
sou west of
The central and anc hored by retail and service areas.
development's core, resi dential m ix of employment,
west of
knowledge and address site nclude aemto the
the
guidelines will ac end o f the s
The northern c asing that will complement a of retail,
O eci Road.
specialty campus and services and h urban central campus and reflect a dynamic character in its ran will be
residential, hotel, and recreational uses. campus at buildout w
a or ity of the structured parking,
more urban
structures with both surface and text of
The architectural scale of them to eight stories in denser, m
three- to six-story of heights of up other in the con
with the possibility coordinated by
Tented areas. These i structures construction will be
or a and their design the landscape principles
to the City of Tukwila s
comprehensive design p us development,
ro ects will be subject to camp uses.
Development of individual c o o r dinated approach compatibility among
include space and
permit process to ensure a open p
including access/circulation, p
l Pian1T LtG
TUK O A SOUTH PRUIKT MASTER n Pt Ati
LAND USE ELEMENTS
PRINCIP
between c
DESIGN representations of strategies
nd le charettes, discussions ay.
principles are abstract rep
Design'P ou t of multiple Tukwila South p
document grew framework the
development fram
GA for
S outh property has
ost its
opportw to highlig ateways
opportunity points of entry as 9
T hese gatways can be functional, for
symbo prop
lic, and memorable p
defined areas,
he
llo circles
yellow hic,
in the e he „front
become for the
project.
vEn;It A SOU PRDSECT ry}AS1ER PLAN
principles identified in this
Thep it to help define the overall
development for the eite.
vide the Seaale family that help guide and
AMENITY SYSTEMS plazas and °p oject.
such as trails, p
Amenities su onents to a p
critical amenities cr elopable
space multiple ether.
tes
Integr areas, hard-
"system ace including green parks, and
pocket parks open rfaced urban plaza st incorporated et pai into the
willbe
roject;
pathways nd'ng
wa
t at help
p edestrian s
navigathout the
through The
o pportuni t y
runners, walkers and hikers
exists create
exists to f runn ra walkers
to iutilizelthe hillsides topography.
opo9 p
La pi 11C
GDISTRIC
CREATIN is a key
factor i n e establishing
factor in There is
boundarie national standard
for retail malls, which
dictates the distance
from anchor to anchor no more than
should be utewalk. As
a by t
rep resented c i rc les, each
orange
district should be
walkable
CtJN CTIONS has an
es of Tukwila an d Seal have
north. The Sound develop a
of Seattle and analysis ev li
the P Ort feasibility from undertaken emover system
rail station thr
Tukwila South to
the commuter rail
station at the Tukwila
T OP. Tukwila should
continu to pursue
such opportunities.
COLLINSWOEAMAN
e property to acc° mid and higwide se
ands allow the Segal p units of to
market demands
allow
and multi- family
Mt. Rainier and ix of single-family
s to e could include a m
ts, This rang
The diverse topography, i 9 e nvironm ents. the site.
variety of 00 units a
structures totaling g
�RTUN►TIE
HOUSING 04P location view
shown on thh an a re concep uses
and will be d etermined by market fo rces.
and will he d
LG RI including
41110 Structures 1 to 3 stories m heigh
or -sale units of townhou$es,
for-ren rent and f detached would
single family lots, rise units
retail. 1.ow- neighborhoods
an d flats above
be Organized to create areas that ar
within the hillside a
adjacent to the Green River.
MID ^RISE height i
stories in Integration with
for -rut d to units'
allow for mid-rise units
for rent For example, units
goods and services h a mix of
use
to integrate would include housing possib c onfigu ration
constructed over retail.
HIGH greater in height; including
b stories ou9i The opportunity
Structur in the
redevelopment of for -sale most likely for -rent and ale Business Parkin the
exists for high-rise the Seg development
latter stages of the project's
Ta Po nta Ll�
1
SOJJTN PROJECT N\ASTERM Y l\
TTyKNIIL
LAND USE ELEMENTS
RETAIL OPPORTUNITIES
There are opportunities to attract and accommodate retail users in three diverse marketplaces:
1. Retail as a catalyst for the market. A one of
a kind user is just that...one of a kind. There
may be only one chance for this user to locate
regionally, and this property has the flexibility to
meet the needs of an end user that is currently
not in the Northwest marketplace.
10
2. Retail as it relates to demand from the market. Current
and future demand is for a grocery store anchored
village center with a collection of unique and general
goods and services, with the ability to grow with market
demands. Additionally, large -scale "big -box" area
retailers may need more space and would move out of
the city otherwise.
RETAIL VILLAG
The northern end of the site offers the opportunity to create a retail village that includes specialty retail and goods
and services to support the proposed uses and the underserved surrounding neighborhoods. The success of the
Tukwila Urban Center to the north and the realignment of S 178th Street allow for the retail village to represent the
front door for the property. Uses are expected to include a grocery store, drug store, and smaller retailers that will
serve the surrounding neighborhoods.
A retail village on the north end of the site could contain a range of supporting retail, residential, hotel and
recreational uses and will also serve as a gateway to the site from the Tukwila Urban Center.
TUKWILA SOUTH PROJECT MASTER PLAN La Pianta LLC
MAY 200S
3. Retail as an amenity for the market.
Addressing the demands of other
uses within or surrounding the
property that are complementary to
the Tukwila Urban Center shopping
district's.
COLLINSWOERMAN
RETAIL OPPORTUNITIES (CONTINUED)
USES INCLUDE:
Bookstores
Video Stores
Sporting Goods
Clothing Stores
Hardware Shops
Grocery Stores
Antiques Art Galleries
Jewelers Leisure Enterta
Audio /Video Stores
Representative uses for the retail village, retail district, large scale retail users, gateway retail and retail center.
Furniture Stores
Toy Stores
Coffee Shops
Florists
Child Care
Restaurants
Drug Stores
Residential Multi- family
Financial institutions
Service Businesses
Print Shops
Real Estate Offices
Travel Agencies
Gas Stations
Big Box Retail
Medical/Dental Offices
inment
Game Arcades Residential Units
Movie Theaters Office
Museum
Studios (Art, Photography)
Bowling Alley Pool Hall
Music Night Club
Sports Exercise Club
Restaurants
Locations of uses shown on this plan are conceptual
N and will be determined by market forces.
RETAIL DISTRICT
Adjacent to the "retail village", additional uses would
allow for a synergistic multi -use environment for multi-
family residential units, neighborhood retail, and office
uses that are envisioned as a 24/7 urban environment.
LARGE-SCALE RETAIL USERS
National retailers not currently in the local marketplace
or relocation of existing large -scale retailers looking for
expansion opportunities. Additional smaller users and
service users may be in this area.
COL LINSWOERMAN
GATEWAY RETAIL AT ORILLIA RD
S 200TH ST
The intersection of Orillia Road and S 200th Street allows the
the
opportunity to create a retail gateway for the property due to
high visibility along Orillia Road.
RETAIL CENTER AT S 200TH
SOUTHCENTER PARKWAY
The intersection of the realignment of Southcenter Parkway
and S 200th Street allows for the opportunity to create a retail
center that could serve the surrounding campus office uses.
NMI
LAND USE ELEMENTS
i_a Pianta I.LC TUKWII A SOUTH PROJECT MASTER MA Y2 O 0 el
AMO USE ELEMENTS
t OYMEN
campus setting with
USES INCLUDE
aPPa
minodate national
Professional Office
Research D 1ent
Hotels
Day Care Facilities
Parking
Retail
Restaura
Health care Services
Government Services
Light Manufacturing USes
Service Commercial
Business Services
Representative uses for this district
REGIONAL E AO
could acco ;tact, rest SR 1 users
on the site supporting network 0-5, 1-40 and offers such
areas a of supp the site
Nu merous a rang
thel'u10 a Urban Center infrastructure net Rainier views, t
transp d its prominent Mt. the region Center an
theTukwila Urban
twspian
01100.°
„dos
E� r tior�
N
appropriate building
t, app to the core
environ c irculati on
must be a Cohesive logical pedestrian
us, there m en s paces, to amenities o on to the co
a c ampus °P Access employees to with
"'co create frame organiz for emP collab °rate
placements that that lifted vehic tthe allow r emp y
placem d simP their cars, which can
campus an close to the allows e mploye es of the etc. that are ca r This also opposed to acc essing consideration in
hotels, r etail, without a as opp° Another cars, which
Design
°r breaks tt w ithin the campu of their business. look h r co s The
lunch hours or Pam of the overall to office building
team pme to intera re gulatio n it or offs that t
other is the reg residential, reta and material so
uses construction of residen or of
be inconvenient; of camp co nstruc tion,
on stru
the development
similar n theiru quality of design, t the h
standards allow uniform in their q ov(pec 2
s will be nature! ►.and Institute. N
building cohesive in n Campus Urban
development is coh
(Source: Mike Sheridan, "Urban1zin9 the
0-1-1 PROJECT MASTER PLAhl La Pianta LLC
c cress to
industries drawn to a and direct a
technology c airport; River a
emerging techn to Sea lac to t he Green
adjacen d ct In amenities; close proximity its location airpor
(TIES companies specializing rant am tions. Given u acute property.
al uses; adj oial f i r tr
oval and internaa re creation octal transp truly d +st+nctrve s+gn
dental hotel an 67) and multi m the potential for a
Sommo
COLLNSW°ERMAN
SHORELINE USES
100'
High Impact Emiranrtm't
200'
lNban Environment
r
The Tukwila South property's eastern edge is formed by the Green River, from S 180th Street along the
north end, to S 200th Street on the south end. Development within 200 feet along the Green River is
regulated by the following shoreline regulations:
RIVER ENVIRONMENT THE AREA BETWEEN THE MEAN HIGH WATER MARK
AND THE LOW IMPACT ENVIRONMENT, HAVING THE MOST ENVIRONMENTALLY
PROTECTIVE LAND USE REGULATIONS
The river environment will contain no uses or structures other than the following: public and /or private
trails; recreation amenities such as benches, tables, viewpoints, and picnic shelters (not to exceed 15 feet in
height); support facilities for pollution control such as runoff ponds and filter systems, provided they are at or
below grade; information and direction signs; diking for bank stabilization, erosion control, and flood control
purposes; bridges, fire lanes and dike maintenance roads; plaza connectors between buildings and dikes (not
exceeding the height of the dike). The uses within the river environment will provide access and enhance
pedestrian access along the river.
LOW IMPACT ENVIRONMENT: THE AREA BETWEEN THE RIVER ENVIRONMENT
AND 100 FEET FROM THE MEAN HIGH WATER MARK
Uses in the underlying zoning district will be allowed; however, structures will not exceed 35' in height unless
a variance is granted.
HIGH IMPACT ENVIRONMENT: THE AREA BETWEEN 100 FEET AND 200 FEET
FROM THE MEAN HIGH WATER MARK HAVING THE LEAST ENVIRONMENTALLY
PROTECTIVE LAND USE REGULATION
All uses allowed in the underlying zoning district will be allowed within the high- impact environment.
COLLINSWOERMAN
60' 40' t
Law Impact Wier
Enwwnmer4 Environment
LAND USE ELEMENTS
0' 25' 50'
t=F=r 1
La Pianta LAC. TUKWILA SOUTH PROJECT MASTER PLAN
MAY 2009
-"TN PPOAEC.T MASTER PLO la Punta LLC
onally left b l a nk.
This pag intents
C
ta Piantal.t.0 1-WONIt A 50011-1 MASIER KAN
hillside and
b a steep est a
INTROD
property is defined Y ide to the w
wetland areas and agricultural
the sp ace
The Gree a South pre east. Concentrated property's valley floor. sue wetlands
the Green River to the River, some of the Due to
throughout an the Green project objectives.
ditches are found achieve pr ents a
the hillside and to proposed en hancem ents constraints set t ac ted in su mmarize s the p
and ditches wilth sep ion s um
these impacts, e networkfor the prop erty.
open space
will be protected and
store wetland associated ditches h
OPEN SPACE NETWORK
area of pa improving th supporting f's
The concentrated combination with imp s capable of up
enhanced, is cum drainage into stream e„ fish habitat within the
Green refuge" rearing creating
River cha nnel.
wetlands and
habitat with associated restore historically issin9
stream fish h R iver mainstem
the Green River basin, but are now rs
'Tributary o refuge °r' lower Green
flood flow the tow for fish an a variety of wildlife.
d therefore e bi t- iting
creation of these valuable
and therefore habitat 1im for the re the e
process, th
will provide es. In peripheral and
The Master out o Plan e degraded agricultural ditches. for proc s s th
t of 9 ent plan will mitigate habitats ou e nhancem ent located in active crop
aquatic a and ditches parks o r access
isolate neighbo
ial uses occur on e provided
If resident arks in the area will b p
existing t
habitat
now to
d wetlands hoo pa
the srte,
0
Existing Johnson Ditch,
looking west
Existing agricultural uses
along S 204th Street,
looking northeast
Existing agricultural uses
along the Green River,
looking south
a./.
nt Enhancern e ^tslolx^ a {rOrnth
Overall Natural Ens» ede5trlan bridge
sr+ \Noc ""O'w build create a t ork•
Tukwila to b River Trait netw
with the City of
d the Green r
Work tributary connected tot the
property to Briscoe Parkas fish friendly
ent of Johnson Creek into a
Enhancem
R ver
Green River
Green i with the
fish habitat in the absent
of back ately 32 acres a ssociate d C reation com plex of a pproxim ately present F wetland comp Rigor that was historically p ReStOtati tributary drainage of the GTeen Preservation of approximately 50-60 acres of hillside along the western valley wall
in the basin
Portions of the hillside on the north end of the property will be graded and re-
landscaped to accommodate the relocation of S 178th Street and to provide fill
HILLSID
On the south end of the site, north of S 200th Street, it is expected that portions
material for the project.
of the hillside will be graded to accommodate development. Special design
consideration will be covered within the design guidelines for this area.
NATURAL ENVIRONMENT
SENSITIVE AREA MASTER PLAN
The Tukwila South Project Sensitive Area Master Plan Overlay (SAMP)
will result in greater environmental benefits than could be achieved under
standard TMC Sensitive Areas Ordinance (SAO) provisions. The Tukwila
South project site is uniquely suited to provide substantial local and
regional habitat benefits. The site contains Johnson Ditch, a degraded
tributary to the Green River, that could be restored to functioning fish
habitat. Johnson Ditch is adjacent to over 30 acres of poor quality
wetlands now in cropland production that could be rehabilitated as habitat.
The project is adjacent to the Green River where it is confined within levees
that have eliminated most off channel habitat necessary for anadromous
salmon, affording an opportunity to create this type of habitat, which
regional Green River studies have identified as a high priority for salmon
population restoration.
The purpose of the Tukwila SAO under TMC 18.45.010 is to protect
the environment, human life, and property; to designate and classify
ecologically sensitive and hazardous areas and protect these areas and
their functions and values; and to allow for reasonable use of public and
private property.
By using the Master Plan provisions of the SAO, the Tukwila South
project developed a proposal consistent with project function and needs,
substantially
enhancing regional
fisheries and
wetland functions,
and preserving
water quality.
The net gain in
environmental
benefits using
the SAMP is far
greater from both
within -site and
regional habitat
benefits than could
be achieved using
standard TMC
SAO provisions.
MI TUKWILA SOUTH PROJECT MASTER PLAN La Pianta LLC
MAY 2000
By focusing on creating a net
environmental benefit as promoted
by the SAMP Overlay Provisions,
rather than on mitigation using
like -kind and avoidance measures
emphasized by standard TMC
SAO requirements, the Tukwila
South project will convert poor
quality agricultural ditches and
poor quality agricultural cropland
wetlands into higher quality fish
habitat and associated wetlands.
Rather than avoiding or retaining
ditches providing little or no fish
access and impairing the quality
of water delivered to the Green
River, the project will create a out
migration holding, summer rearing,
winter refuge, and upstream
migration holding fish habitat in the Green River.
The need for this type of off channel habitat at this location
is recognized by the Green River Habitat Limiting Factors
Analysis for Washington Resource Inventory Area (WRIA) 9.
Rather than avoiding Johnson Ditch and leaving it and poor
quality buffers in place as required under standard TMC SAO
provisions, the project will relocate and
anadromous
and resident fish in the Green River.
The SAMP calls for the project to rehabilitate more than 32
acres of degraded cropland wetlands and connect them in
a habitat corridor through the Johnson Creek channel to the
Green River.
Existing conditions
COLLINSWOERMAN
m Street) will
orth of S 2p4 preclud
124 to �A� feet n barrier dike p roject
ately flood p rotectio n phase of the p
site t h e fl in the initial p 35 {eet).
boon of the existing location d\le a reloca
boundary dike w corresponding elevatio
the southern environment. t• At its barrier ill b come below) from the
t Street to campus env protection the valley at a area lion (describe l dike from 5196 a obtaining scale The flood P River levee, across re habilita tion barrier meet of A ssuranc e wetland reh
develop flood Green R Creek an
e floo protection barrier
allow of obtain d from the Johnson these areas•
of the le area the infeasibility the pr eaten realigne 1 support to Relocation uous buildable due to th to the entire site. propos hydrologic supp
conti9 south o f the ill separate the p existing
create ent so flood protection of
developm
evelopm s of th protection dike w continuation
Woo.
indicated, o f t he site,
portions
developed p i
�l ROURC
tTrinc
FALL TO
SATE GRACE
f�r`+g4r"'r Creek
relocated Johnson
r i d rotection barrier dike an
of relocated fl p
Cross section
TE4 FLOW C
CREEK
pR CTE C 1100 SORER K
ppCE
JOARS
AM
AX
protectio
ryn
Plan n view of relocate flood p rotec
plad Creek
d relocated Johnson I
barrier dike 1.a onto t,1.0 WOO\ SOU114 PO3E0
HABITAT PROTECTION
The Tukwila South Master Plan includes sh tube f activities that have the
potential potential to directly or indirectly affect
Extension and expansion of Southcenter Parkway
Realignment of S 178 Street
Relocation of the existing flood protection barrier dike
t n of one new stormwater outfa
II into the Green River
Cconstruc io
Relocation of a portion of the Green area for salmon dRiver levee and construction of a new
off-channel rearing a new stream
Relocation and enhancement of Johnson Ditch including
outfall location
Filling or culverting of five fish bearing agricultural ditches
Mass grading to increase site elevations
al Code (TMC) provides an alternative
method 1 for p rese v the
ion o f existing Municipal ation would
r reservation of existing individual wetlands, watercourses, and their
method fo preservation for alteration and mi improvements to water
buffers in situations where a master plan result in imp
quality, fish and wildlife habitat,
and hydrology beyond those
that would occur th(ougo strict
application of the pp for
of the TMC. Theproponent war
theTukwila South project
develop the site and mitigate
environmental impacts under
a Sensitive Areas Master Plan
(SAMP) as allowed by the TMC.
TUKV'U1LA SOUTH PROJECT MASTER PLAN La Manta LLC
MAY 2004
WATER QUALITY
The construction and developed conditions water quality evaluation concluded
expectation of preserving or slightly enhancing
quality
aspects is a reasonable f w quality important to fish habitat. The q i ements are
expected chemical
expected d frrom om enhanced enhnhannceced riparian functions and reduced agricultural
use. While fecal coliform and zinc concentrations may increase slightly,
coliforms do not affect fish habitat quality, aquatic life by
and the level of zinc
the level regarded as safe for freshwater aq c w would
be of well
Washington.
Under the SAMP, the loss of agricultural
landscape would have approximately to isting
additional open -water habitat comp en-water exte habitat
conditions. About 4.5 acres of new op ate fill of 1.07
would be created at the and .34er acres Off-channel
32.4 to mitigate
of t wetlands l f 1
acres of agricultural t a Area and O app y 32.4 acres mini enhance
planted and graded t
acres is wth Johnson s o n In addition,
functional with Johnson Creek would p rcoursbs under existing adjacent t each functional benefits, and new riparian buffers ve avid be created adjant to eac
open water area where none exists near
Green River Habitat Creation Area (Cross Section)
COLLINSWOERMAN
1 11�
�fZA.5110 C VOIMI- Nt114G
pianta IIC TUKWIL
ASOl)TNPRQJECT Mks-cERMp.Ok
INFRASTRUCTURE
INTRODUCTION
The Infrastructure Development Phase is expected to take three years (currently
projected for the year 2006 -2008 time period), and will include the following
elements:
Implementation of a mass grading program to establish site grades and
construct the major infrastructure elements
The extension and expansion of Southcenter Parkway in a new alignment
along the base of the western hillside through the Tukwila South planning
area
Realignment of S 178th Street to intersect with Southcenter Parkway at
Segale Park Drive C
Installation of sanitary sewer, water, and other utilities within Southcenter
Parkway
Relocation of the existing flood protection barrier dike from S 196th Street to
the southern boundary of the site (north of S 204th Street)
Installation of a temporary construction stormwater management system,
including a polymer treatment system for stormwater runoff
Installation of a comprehensive permanent stormwater control and water
quality system for the entire site, including two new stormwater outfalls into
the Green River
Implementation of a natural resource mitigation plan, of which the primary
features include: creation of an off channel habitat restoration area adjacent
to the Green River; rehabilitation of a wetland complex associated with
tributary drainage to the Green River; and restoration of Johnson Ditch into a
fish friendly tributary connected with the Green River
It may be necessary in the future to relocate an existing fire station closer to
the project, or within the property.
SOUTHCENTER PARKWAY S 178TH STREET REALIGNMENT
The location of the expanded Southcenter Parkway is a critical element of the
Master Plan. The goal is to move the new alignment toward the toe of the eastern
hillside. This creates the largest contiguous parcels for development, and allows
travellers on Southcenter Parkway to not only experience the development, but
the hillside as an amenity and open space. This location for the high- capacity
boulevard also allows space for a secondary road system that will create additional
transportation capacity as the project develops. S 178th Street will be realigned for
better east- west circulation and enhanced safety.
COLLINSWOERMAN
GRADING PLAN
The Tukwila South Master Plan proposes to establish site grades as part of
an overall mass earthwork program at the outset of Year 1. On -site movement
of approximately 1.5 million cubic yards of earthwork would be necessary to
establish site grades and for construction of major infrastructure components. A
temporary access road under S 200th Street would be constructed to facilitate
transport of material between the north and south portions of the site.
The major areas proposed for excavation include the northwest portion of the
site and the proposed Green River Off Channel Habitat Restoration Area. Major
fill areas for the excavated material include the new site for the flood protection
barrier dike and the other areas across the site to establish the sub -grade for
future development. It is anticipated that approximately 400,000 cubic yards of
imported fill would be required. Beginning in the second year of construction,
an additional approximately 500,000 cubic yards of clean fill dirt would be
imported for preloading and to establish finished grades, as needed for specific
development projects on the site.
The mass earthwork program would accomplish the following goals:
Balance the movement of earthwork on -site as much as practical, and limit
the degree of import and export of material from the site.
INFRASTRUCTURE
Establish cohesive sub grades for the planned extension of Southcenter
Parkway and S 178th Street realignment.
Provide a feasible subgrade for future site development under the Master
Plan.
Ensure a cohesive elevation for the planned utility connections (e.g.,
wastewater) to allow drainage to stormwater control and conveyance
facilities.
Allow installation of the comprehensive stormwater control system that is
intended to serve the site at full buildout.
Allow relocation of the flood protection barrier dike.
Allow implementation of key features of the proposed natural resource
mitigation plan in the initial phase.
By the year 2008, construction of the first phase of development will have begun.
The extension and realignment of Southcenter Parkway will be finished, mitigation
for environmental impacts will have been constructed, and all of the stormwater
detention and water quality infrastructure will be in place.
La Pianta tic TUKWIL.A SOUTH PROJECT MASTER PLAN
MRY 2009
n PROJECTtu"tP.57PR PLAN 'LaPuntaLLC
onally left b l a nk.
This pag i ntents
COL
COLLINSWOERMAN
6
DEVELOPMENT PHASING
La Narita LLC TUKWILA SOUTH PROJECT MASTER M Pr AN
POINT
an agricultural and industrial
THE STARTING P property from
those who live and/or work there.
The Tukwila South project has the o pportunity ortunity to transition the p rop ale family and
build a
e o property to an urban destination that will attract users and visitors beyond
The synergistic mix of uses and the full range planned activities will allow the Segale
that development occur in
community over time market may require the infrastructu
phases, them made to develop
property will develop in P the commitment was one.
While we believe this prop e time. This is why
multiple will allow tthe roperty to address the total market from Day
first. This will all°
P
THE STARTING PHASE 1 o f the Tukwila Urban Center,
Due to the proximity
current market demands re ail. the first
se development would is likely for
phase
o o
phase of development would occur n the
and cntral portions of the property.
....,ciunF.RMAN
Locations of uses shown on this plan are conceptual
and wlll be determined by market forces
THE NEX T STEP PHASE 2
Expansion and market demands IlthelOOU h
campus environment to expand
toward S 200th Street.
Conceptual Phase 1
Development Program
2 00,000 sf Res
Grocery tore
-Drug Store
Restauran
-Dry Cleaners
-Deli
_Neighborhood Services
200 Residential Units
250,000 sf Office and
Up to 250,
Research Develop ment
THE FINAL the PH 3
F
Due to the existing uses within the Sega e
Business Park, it is likely this area would be the
last to redevelop.
E2 P JAC TUKWILA SOUTH PROJECT MASTER PLAN
c0011-1 PROJECT MASIER PLAN a PSantaLLC.
o vally left blank.
This page intents
COLL
APPENDIX
1.a P1anta
LC -1131C\N It A SOU11-1 Pi"-t0)1:..CT M ASIO. T LAN
BACKGROUND
The Segale family has been systematically assembling this parcel for more
than 50 years. While there have been discussions about development
and markets that could have filled the property with many of the retail and
industrial uses common to this part of the valley, the land has yet to see its
first significant development.
Due to the fact the Segale family has entered into the entitlement process
and is prepared to build this unique regional asset, the City of Tukwila and
the Segale family share in the opportunity to shepherd its development.
Both parties also share in the responsibility to meet the site's full potential as
an exciting and robust new regional employment center.
Outlined below are the site's context elements that, taken together, create a
glimpse of that potential:
Heritage of the Segale family: The family has
lived on the property for three generations and has
assembled the property over the last 50 years.
Heritage of the Green River Valley: The Kent Valley
has long drawn institutional real estate investors in
industrial and large retail developments. The new
kinds of development Tukwila South introduces to
the valley will benefit from the same advantages
(outlined below) that have contributed to the
success of the area's traditional uses.
Natural beauty: With commanding views
of Mt. Rainier from the property's mile -long
hillside as well as views of the Green River and
sweeping vistas of greenery, Tukwila South offers
wonderful opportunities for amenities and recreation.
Puget Sound and Northwest traditions: The region's
pioneering culture is nationally recognized for its
ability to create new industries from scratch as well
as reinvent established industries. Tukwila South has
the opportunity to further this tradition by establishing
a major new employment center based on jobs that
create intellectual property.
COLLINSWOERMAN
Authenticity: Tukwila South must be authentic to its physical and
historical context, and to the opportunities that will drive its success.
It must reflect the values of the Northwest culture: community,
sustainability, diversity, and healthy life- style.
Tukwila Urban Center: The regional mall and the
surrounding retail uses represent one of four major retail
environments in the greater Puget Sound area. Home to
in excess of 3 million square feet of goods and services,
our neighbor to the north is already considered a regional
destination.
SeaTac: Within a 5- minute drive, SeaTac International
Airport is the largest investment of public transportation
infrastructure in five Western states. More than 25 million
travellers use SeaTac every year.
Adjacency to transportation infrastructure: Located at the
crossroads of the state's two busiest interstate hig hways,
Tukwila South offers potential businesses and residents
several convenient access points to both 1 -5 and 1 -405.
Agricultural and wetlands to the near south: Because of the
site's size, large undeveloped tracts of land will be set aside
for wetlands protection and enhancement, and stormwater
management.
Diversity: South King County currently supports one of the
region's most economically and socially diverse populations.
New jobs, goods and services, housing, and public services
will need to address this diverse citizenship and create a
welcoming place for all.
PPENDI
La Pianta LLC TUKWit A SOUTH PROJECT MASTER PLAN gm
MAY 2009
With this background as our starting point, we have created guiding principles for
the Tukwila South Master Plan. It is from these that our development plan has been
conceived.
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MINLF.R BLVD.
TUKWILA SOUTH PROJECT
TUKWILA SOUTH OVERLAY ZONING DISTRICT
TUKWILA, KING COUNTY, WASHINGTON
77,
rL
F
TUKWILA MUNICIPAL BOUNDARY
AFTER LA PIANTA ANNEXATION
ZONING BOUNDARY
TUKWILA SOUTH OVERLAY DISTRICT
(NEW ZONING)
-4
Exhibit 5
EXHIBIT 6
EXPANSION AREAS LEGAL DESCRIPTION
EXPANSION PARCEL #1: 032204 -9049
THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST
''A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS
CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT -OF -WAY,
FOR THE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING
COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF
KENT, COUNTY OF KING, STATE OF WASHINGTON.
EXPANSION PARCEL #2: 032204 -9052:
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH
01° 11' 00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE
NORTH 01° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87
FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° 11'
06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06"
WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST
QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE
SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF
BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF
BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH
STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF
AUGUST 1, 1999; SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
EXPANSION PARCEL #3: 352304 -9014:
THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 35, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ANNA MESS COUNTY
ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH) AND
SOUTHWESTERLY OF A LINE, DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT IN THE SOUTHEASTERLY MARGIN OF SAID ANNA MESS COUNTY
ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH),
WHICH POINT IS MARKED BY AN IRON PIPE AND FROM WHICH POINT THE
SOUTHWEST CORNER OF SAID GOVERNMENT LOT 6 BEARS SOUTH 00° 58'
10" WEST 313.17 FEET SOUTH AND NORTH 89° 01' 50" WEST 505.54 FEET,
SAID DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO
AND ALONG THE SOUTH BOUNDARY LINE OF SAID GOVERNMENT LOT;
THENCE SOUTH 67° 36' 00" EAST 380.45 FEET TO AN IRON PIPE; THENCE
ver 05 -26 -09 Exhibit 6 -1
CONTINUING SOUTH 67° 36' 00" EAST 50 FEET, MORE OR LESS, TO THE
BANK OF GREEN RIVER; SITUATE IN THE CITY OF TUKWILA, COUNTY OF
KING, STATE OF WASHINGTON.
EXPANSION PARCEL #4: 352304 -9081
THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT FROM WHICH THE NORTHWEST CORNER OF SAID GOVERNMENT
LOT 7 BEARS SOUTH 00° 58' 10" WEST 313.17 FEET AND NORTH 89° 01' 50"
WEST, 505.54 FEET, SAID DISTANCES BEING MEASURED RESPECTIVELY AT
RIGHT ANGLES TO AND ALONG THE NORTH BOUNDARY LINE OF SAID
GOVERNMENT LOT, SAID POINT BEING MARKED BY A CONCRETE
MONUMENT SET BY R. W. JONES AND ASSOC. ENGINEERS AND SURVEYORS
ON OCTOBER 4, 1966;THENCE SOUTH 67° 36' 00" EAST 248.63 FEET; THENCE
SOUTH 23° 57' 22" WEST 352.69 FEET TO THE TRUE POINT OF BEGINNING;
THE NORTH 66° 02' 38" WEST 250 FEET, MORE OR LESS, TO THE EAST LINE
OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY
57TH AVENUE SOUTH); THENCE NORTH 23° 27' 22" EAST 5.14 FEET TO THE
NORTH LINE GOVERNMENT LOT 7; THENCE SOUTH 89° 01' 50" EAST TO
BANK OF GREEN RIVER; THENCE SOUTHWESTERLY ALONG SAID RIVER
BANK, TO A POINT THAT BEARS SOUTH 66° 02' 38" EAST FROM THE TRUE
POINT OF BEGINNING; THENCE NORTH 66° 02' 38" WEST TO THE TRUE
POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF
KING, STATE OF WASHINGTON.
EXPANSION PARCEL #5: 352304 -9034:
PARCEL B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER
L06 -029 RECORDED UNDER RECORDING NO. 20060913900003; SITUATE IN
THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
EXPANSION PARCEL #6: 352304 -9082:
THAT PORTION OF GOVERNMENT 7, SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING ON THE
EASTERLY MARGIN OF ANNA MESS COUNTY ROAD (SOUTHCENTER
PARKWAY, FORMERLY 57TH AVENUE SOUTH) IN GOVERNMENT LOT 7, IN
SAID SECTION AT A POINT SOUTH 89 °03'20" EAST 1,656.75 FEET AND NORTH
00 °56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08 °13'05" EAST 36.70
FEET; THENCE SOUTH 19 °59'25" WEST 520.10 FEET; THENCE SOUTH 73 °05'40"
EAST 233.32 FEET; THENCE NORTH 16 °29'55" EAST 474.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 16 °29" 55" EAST 100
FEET; THENCE SOUTH 64 °17'20" EAST 232.26 FEET TO THE BANK OF GREEN
ver 05 -26 -09
Exhibit 6 -2
RIVER; THENCE NORTHERLY ALONG SAID BANK OF GREEN RIVER TO A
LINE ESTABLISHED BY DEED RECORDED UNDER KING COUNTY
RECORDING NO. 7308030425; THENCE ALONG SAID LINE NORTH 66 °02'38"
WEST 250 FEET TO A POINT ON THE EASTERLY MARGIN OF COUNTY ROAD
WHICH BEARS SOUTH 25 °01'18" WEST 5.14 FEET FROM THE NORTH LINE OF
SAID GOVERNMENT LOT 7; THENCE SOUTH 25 °01'18" WEST ALONG SAID
ROAD MARGIN TO A POINT SOUTH 89 °03'20" EAST 1,656.75 FEET AND NORTH
00 °56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08 °13'05" EAST 36.70
FEET; THENCE SOUTH 19 °59'25" WEST TO A POINT WHICH BEARS NORTH
66 °02'38" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH
66 °02'38" EAST 211.14 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN
THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
EXPANSION PARCEL #7: 022204 -9061 "CITY DETENTION POND
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.;
THENCE NORTH 89 °16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF
SAID SECTION, 458.30 FEET; THENCE NORTH 02 °40'47" EAST 53.72 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 °40'47" EAST
68.04 FEET; THENCE NORTH 20 °24'53" EAST 88.72 FEET; THENCE NORTH
49 °07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE
SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40 °52'58"
EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON
A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49 °07'02" WEST
798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON TANGENT
CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84 °31'00" WEST
40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89 °16'32" WEST
190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF
KING, STATE OF WASHINGTON.
EXPANSION PARCEL #8: "CITY TRIANGULAR PARCEL
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,
DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID
SUBDIVISION; THENCE NORTH 87 °50'57" WEST, 243.15 FEET; THENCE NORTH
02 °09'03" EAST 248.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 78 °00'27" EAST 38.15 FEET TO THE WESTERLY MARGIN OF SOUTH
CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING
COUNTY RECORDING NO. 6343848; THENCE SOUTH 11 °59'33" EAST 164.65
FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 537.14 FEET, THROUGH A CENTRAL ANGLE OF 00 °08'00 AN ARC
ver. 05 -26 -09 Exhibit 6 -3
DISTANCE OF 1.25 FEET; THENCE NORTH 24 °56'33" WEST 170.23 FEET TO THE
TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE EAST
HALF OF P. J. MUSIEL ROAD ABUTTING THE WEST LINE OF THE PROPERTY
ABOVE DESCRIBED, AND BOUNDED ON THE WEST BY THAT PORTION
VACATED UNDER CITY OF TUKWILA VACATION ORDINANCE NO. 626, ON
THE SOUTH BY THE NORTH MARGIN OF THE NEW ALIGNMENT OF P. J.
MUSIEL COUNTY ROAD AND ITS EXTENSION EASTERLY AND NORTHERLY
(ALONG THE 50 FOOT RADIUS CURVE) TO THE INTERSECTION WITH THE
WEST MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED
RECORDED UNDER KING COUNTY RECORDING NO. 6343848, AND ON THE
NORTH BY THE SOUTHWESTERLY EXTENSION OF THE NORTH LINE OF THE
PROPERTY DESCRIBED ABOVE; SITUATE IN THE COUNTY OF KING, STATE
OF WASHINGTON.
EXPANSION PARCEL #9: 352304 -9037
[A PORTION OF THE FOLLOWING DESCRIBED PARCEL THAT MAY BE
ACQUIRED BYLA PIANTA]
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF PRIMARY STATE
HIGHWAY NO. 1 (SR 5) AS CONVEYED TO THE STATE OF WASHINGTON BY
DEEDS RECORDED UNDER RECORDING NOS. 5517861 AND 6120867, AND THE
NORTH LINE OF SAID SUBDIVISION;
THENCE SOUTH 87 °56'03" EAST, ALONG THE NORTH LINE OF SAID
SUBDIVISION, TO A POINT WHICH IS SOUTH 87 °56' EAST, 960 FEET FROM
THE WEST QUARTER CORNER OF SAID SECTION 35;
THENCE SOUTH 53 °24'59" WEST TO A POINT ON THE NORTHERLY LINE OF
SAID PRIMARY STATE HIGHWAY NO. 1 (SR 5);
THENCE WESTERLY AND NORTHERLY, ALONG SAID PRIMARY STATE
HIGHWAY NO. 1 (SR 5), TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR
ORILLIA ROAD EXTENSION NORTH BY DEED RECORDED UNDER
RECORDING NO. 2748338;
EXPANSION PARCEL #10: 352304 -9124
[A PORTION OF THE FOLLOWING DESCRIBED PARCEL THAT MAY BE
ACQUIRED BYLA PIANTAJ
THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING WESTERLY
ver 05 -26 -09 Exhibit 6 -4
OF A LINE DRAWN PARALLEL WITH AND 700 FEET EASTERLY MEASURED
AT RIGHT ANGLES TO THE LW LINE SURVEY OF SR 5 (PSH NO. 1), JCT. S.S.H.
NO. 5 -A TO SOUTH 178TH STREET AND WESTERLY OF A LINE DRAWN
PARALLEL WITH AND 700 FEET EASTERLY MEASURED AT RIGHT ANGLES
TO THE LW LINE SURVEY OF SR 5 (PSH NO. 1), SOUTH 188TH STREET
INTERCHANGE;
EXCEPT THAT PORTION LYING NORTHERLY OF A LINE DRAWN AT RIGHT
ANGLES FROM SAID LW LINE SURVEY AT HIGHWAY ENGINEERS STATION
LW 2455 +00.0;
AND EXCEPT THAT PORTION LYING SOUTHERLY OF A LINE DRAWN AT
RIGHT ANGLES FROM SAID LW LINE SURVEY FROM HIGHWAY ENGINEERS
STATION LW 2445 +33.3;
AND EXCEPT THAT PORTION LYING WESTERLY OF A LINE DRAWN
PARALLEL WITH AND 215 FEET EASTERLY OF THE SAID LW SURVEY LINES;
ALL SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
TOGETHER WITH ALL RIGHTS, TITLE, INTERESTS, LICENSES, PRIVILEGES,
REVERSIONS AND EASEMENTS APPURTENANT OR ATTACHING THERETO
BY OPERATION OF LAW TO ALL OF THE ABOVE DESCRIBED PARCELS.
ver 05 -26 -09 Exhibit 6 -5
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Exhibit 7
Return to:
THIS DEED OF TRUST, made this day of
whose address is
DEED OF TRUST
(For Use In the State of Washington Only)
To protect the security ol'this Deed of Trust, Grantor covenants and agrees:
TITLE COMPANY, a corporation, TRUSTEE, whose address is
between
,GRANTOR,
whose address is BENEFICIARY,
WITNESSETH: Grantor hereby bargains, sells, and conveys to Trustee in mist, with power of sale, the
following described real property in County,
Washington:
Additional on page
Assessor's Tax Parcel I1911
which real property is n& used principally for agricultural or fanning purposes, together with all the tenements,
hereditaments, and app cones now or hereafter thereunto belonging or in any wise appertaining, and the
rents, issues and profits ereof.
This deed is for the p ose of securing performance of each agreement of grantor herein contained, and
Grantor's obligation under Section 4.8.1 of that certain Development Agreement between Grantor and
Beneficiary dated the day of 2009 and approved by the Beneficiary's City Council as
Ordinance on .2009,
and also such further sums
as may be advanced or !loaned by Beneficiary to Grantor, or any of their successors or assigns, together with
interest thereon at such Late as shall be agreed upon.
I. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or Improvements
being built or about to be built thereon; to restore promptly any building, structure, or Improvement thereon which may be damaged or
destroyed; and to comply with all laws, erdlnantes, regulations, covenants, conditions and restrictions affecting the property.
2. To pay before delinquent ritt lawful taxes and assessments upon the property; to keep the property free and clear of all other charges,
liens or encumbrances Impairing the security of this Deed of Toot.
3. To keep all buildings now or hereafter erected on the property described herein continuously insured
against loss by fire or other hazards in an amount not less than 90% of the insurable value thereof. All
policies shall name Beneficiary as a loss payee as its interest may appear. In the event of foreclosure, all
rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale,
4. To defend any action or proceeding 'purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay
all costs and expenses, Including cost of title search and attorney's fees to a reasonable amount, In any such action or proceeding, to any
suit brought by Beneficiary to.foreelose this Deed of Trust.
5. To pay all casts, fees and ci penes In connection with this Deed of Trust, Including the expenses of the Trustee Incurred to enforcing the
obligation secured hereby and'Trustee's and attorney's fees actually Incurred, as provided by statute.
6. Should Grantor fail to pay when due any taxes, assessments, insurance premiums, liens encumbrances or other charges against the
property herelnabove described. Beneficiary may pay the same, and the amount no paid, with interest at the rate set forth In the note
secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust.
Exhibit 8
IT IS MUTUALLY AGREED THAT
I. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such
portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation.
2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment
when due of all other sums so secured or to declare default for failure to so pay.
3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request
of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request fair reconveysnce made by the
Beneficiary or the person entitled thereto.
4. Upon default by Grantor in the payment of any Indebtedness secured hereby or in the performance of any agreement contained herein,
all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. in such event and upon written request
of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction
to the highest bidder. Any person except Trustee may bid at Trustee's sale, Trustee shall apply the proceeds of the sales as follows: (I) to
the expense of the sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trost and (3)
the surplus, if any, shall be distributed to the persons entitled thereto,
5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the Interest in the
property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may have
acquired thereafter, Trustee's deed shall recite the facts showing that the sale was conducted in wills all the requirements of law
and this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona
tide purchaser and encumbrances for value.
6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the Sate of Washington is not an exclusive remedy;
Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage.
7, In the event of the death, Incapacity, disability, or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and
upon the recording of such appointment la the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee
shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any
other Deed of Trust or of an action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding
is brought by the Trustee.
S. This Deed of Trust applies to, Inures to the benefit of, and is binding not only on the parties hereto, but odtheir heirs, devisees, legatees,
administrators, executors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not
named as Beneficiary herein.
9. The Addendum to Deed of Trust is incorporated by this reference as if fully set forth herein.
Dated
STATE OF WASHINGTON,
County of
I hereby certify that I know or have satisfactory evidence
that
Dated
residing at
My appointment expires
s
r
Printed Name
REQUEST FOR FULL RECONVEYANCE
Do not record. To be used only when note has been paid.
Notary Seal
7
is the person(s) who appeared before me, and said person(s) acknowledged that (he, she, they) signed this
instrument, on oath stated that
authorized to execute the instrument and acknowledged it as the
of
to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument,
Notary Public in and for the State of Washington
TO: TRUSTEE.
The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of
Trust. Said note, together with all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied; and
you are hereby requested and d on payment to you of any sums owning to you under the jams of said Deed of Trust,
to cancel said note above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you
herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of
said Deed of Trust, all the estate now held by you thereunder.
Dated 19
Addendum to Deed of Trust
In the event of a default that entitles Beneficiary to foreclose on this Deed of
Trust, Beneficiary shall not foreclose this Deed of Trust until (1) Grantor shall
have failed after notice and 20 days to cure to pay the sum(s) required under the
terms of the Development Agreement, (2) Beneficiary has drawn on any letter of
credits (or cash deposit) provided by Grantor securing the obligation in default to
the maximum amount of the letter of credit (or cash deposit) and has applied the
sum(s) so drawn to the obligation in default, and (3) there remains outstanding
an additional sum due under the terms of the Development Agreement for which
this Deed of Trust has been granted as security.
BENEFICIARY
THE CITY OF TUKWILA
6200 SOUTHCENTER BLVD.
TUKWILA, WA 98188
BANK OF AMERICA CONFIDENTIAL
DATE: APRIL OW 2009
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 1098959
AMOUNT
NOT EXCEEDING USD 6,000,000.00
NOT EXCEEDING SIX MILLION AND 00 /100'S US DOLLARS
EXPIRATION
DECEMEER 3.1, 2009 AT OUR COUNTERS
DRAFT
PAGE: 1
ISSUING BANK
BANK OF AMERICA, N.A.
1000 W. TEMPLE STREET
7TH FLOOR, CA9- 705 -07 -05
LOS ANGELES, CA 90012 -1514
APPLICANT
LA PIANTA LLC
PO BOX 88028
TUKWILA, WA 913-138
AT THE REQUEST AND ON THE INSTRUCTIONS OF OUR CUSTOMER, LA PIANTA LLC
(THE "ACCOUNT PARTY WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER
OF CREDIT NUMBER TN YOUR FAVOR. SUBJECT TO THE OTHER
PROVISIONS OF THIS LETTER OF CREDIT, YOU MAY OBTAIN THE FUNDS
AVAILABLE UNDER THIS LETTER OF CREDIT BY PRESENTMENT TO US OF ONE OR
MORE DRAFTS PRAWN ON BANK OF AMERICA, N.A. BEARING THIS LETTER OF
CREDIT NUMBER AND ACCOMPANIED BY THE DOCUMENTS DETAILRT) BELOW. THIS
LETTER OF CREDIT IS ISSUED IN CONNECTION WITH THE
(THE "CONTRACT
THIS LETTER OF CREDIT IS EFFECTIVE IMMEDIATELY AND SHALL EXPIRE AT
5:00 P.M. AT THE OFFICE OF BANK OF AMERICA, N.A., 1000 WEST TEMPLE
STREET, 7TH FLOOR, MAIL CODE: CA9- 705- 07 -05, LOS ANGELES, CA
90012 -1514. ON THE DATE OF EXPIRY SHOWN.
THE FOLLOWING SHALL ACCOMPANY YOUR SIGHT DRAFT(S) UPON EACH DRAW
UNDER THIS LETTER OF CREDIT:
1. A CERTIFICATION SIGNED BY AN AUTHORIZED OFFICER OF THE CITY, TO
THE EFFECT THAT THE ACCOUNT PARTY HAS FAILED TO PERFORM AN OBLIGATION
AS SET FORTH IN SECTION(S) OF THE CONTRACT
DESPITE, WHERE APPLICABLE, PRIOR DEMAND TO SO CURE AND THE EXPIRATION
OF THE APPLICABLE CURE PERIOD, AND THAT AS A RESULT, THE CITY HAS
INCURRED COSTS OR REASONABLY EXPECTS TO INCUR COSTS NOT IN EXCESS OF
THE AMOUNT DRAWN; OR
2. A CERTIFICATION SIGNED BY AN AUTHORIZED OFFICER OF THE CITY, TO
THE EFFECT THAT THE ACCOUNT PARTY HAS NOT PROVIDED THE CITY WITH A
Exhibit 9
BANK OF AMERICA CONFIDENTIAL PAGE; 2
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 1098959
REPLACEMENT LETTER OF CREDIT WITHIN THE TIME PERIOD REQUIRED IN
SECTION OF THE CONTRACT.
3. A CERTIFICATION SIGNED BY AN AUTHORIZED OFFICER OF THE CITY OF
TUKWILA, WASHINGTON, TO THE EFFECT THAT THE ACCOUNT PARTY HAS NOT
PROVIDED THE CITY WITH A REPLACEMENT LETTER OF CREDIT SATISFACTORY TO
THEM.
ADDITIONAL CONDITIONS:
1. PARTIAL DRAWINGS ARE ALLOWED' BUT NOT REQUIRED TOTAL DRAWS
OUTSTANDING AT ANY TIME SHALL NOT EXCEED THE AMOUNT SET FORTH ABOVE.
2. THE CITY SHALL RETURN THIS ORIGINAL LETTER OF CREDIT, AND EACH
SUBSEQUENT AMENDMENT(S) AND YOUR AUTHORIZATION TO CANCEL, TO BANK OP
AMERICA, N.A UPON RECEIPT OF A REPLACEMENT LETTER OF CREDIT THAT
CONFORMS TO THE REQUIREMENTS OF THE CONTRACT.
3 THE CITY OF TUKWILA SHALL RETURN THIS ORIGINAL LETTER OF CREDIT,
AND EACH SUBSEQUENT AMENDMENT(S) AND YOUR AUTHORIZATION TO CANCEL TO
BANK OF AMERICA, N.A. UPON THE TERMINATION OF THE REQUIREMENT FOR
SUCH LETTER OF CREDIT UNDER SECTION OF THE
CONTRACT.
4. THE AMOUNT OF EACH DRAWING MUST BE ENDORSED ON THE REVERSE SIDE OF
THIS LETTER OF CREDIT BY THE BANK AND THIS CREDIT SHALL BE RETURNED
TO THE BENEFICIARY UNLESS THE AMOUNT OF THE DRAW SHALL BE FOR THE
FULL OR ENTIRE AMOUNT REMAINING UNDER THIS LET.'ER OF CREDIT.
5. AN "AUTHORIZED OFFICER OF THE CITY" SHALL MEAN THE MAYOR OR THE
CITY ADMINISTRATOR.
WHEN WE RECEIVE A DRAFT ACCOMPANIED BY DOCUMENTATION AS DESCRIBED
ABOVE AND YOUR REMITTANCE INSTRUCTIONS AT OR PRIOR TO 8:00 A.M.,
PACIFIC TIME, ON A BUSINESS DAY, WE WILL MAKE PAYMENT BY 5 ;00 P.M.,
PACIFIC TIME, ON THE NEXT BUSINESS DAY: IF WE RECEIVE SUCH ITEMS
AFTER THE TIMES S'PECIF'IED, WE WILL MAKE PAYMENT BY 8:00 A.M., PACIFIC
TIME, ON. THE SECOND BUSINESS DAY THEREAFTER.
EACH DRAFT PRESENTED FOR PAYMENT AGAINST THIS LETTER OF CREDIT AND
EACH ACCOMPANYING CERTIFICATION MUST BE DATED THE DATE OF ITS
PRESENTATION TO US, AND MAY BE PRESENTED ONLY ON A BUSINESS DAY. AS
USED IN THIS LETTER OF CREDIT, "BUSINESS DAY" SHALL MEAN ANY DAY
OTHER THAN (I) A SATURDAY OR A SUNDAY, (II) A DAY ON WHICH COMMERCIAL
BANKS IN LOS ANGELES, CALIFORNIA ARE AUTHORIZED OR REQUIRED BY LAW OR
EXECUTIVE ORDER TO CLOSE
DRAFTS MUST BE MARKED CONSPICUOUSLY "DRAWN UNDER BANK OF AMERICA,
N.A. IRREVOCABLE STANDBY LETTER OF CREDIT NO. THE
CERTIFICATIONS YOU ARE REQUIRED TO SUBMIT TO US ALONG WITH YOUR DRAFT
DRAFT
BANK OF AMERICA CONFIDENTIAL PAGE: 3
THIS IS. AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 1098959
OR DRAFTS SHOULD BE PREPARED EITHER (I) IN THE FORM OF A LETTER ON
YOUR LETTERHEAD SIGNED BY YOUR AUTHORIZED OFFICERS OR (II) IN THE
FORM OF A FACSIMILE COPY OF SUCH A LETTER SENT BY ONE OF THEM TO:
213.- 457 -8841. IN SUCH EVENT; THE ORIGINAL LETTER OF CREDIT AND
AMENDMENTS, IF ANY, ARE NOT REQUIRED FOR PRESENTATION.
OTHER THAN THE FOREGOING PROVISIONS FOR COMMUNICATION BY FACSIMILE
COPY, COMMUNICATIONS WITH RESPECT TO THIS LETTER OF CREDIT SHALL BE
IN WRITING AND SHALL BE ADDRESSED TO US AT BANK OF AMERICA, N.A.,
1000 WEST TEMPTR STREET, 7TH FLOOR, MAIL CODE: CA9- 705- 07 -05, LOS
ANGELES, CA. 90012 -1514 ATTN: STANDBY LETTER OF CREDIT DEPT.,
SPECIFICALLY REFERRING TO THE NUMBER AND DATE OF THIS LETTER OF
CREDIT. EXCEPT AS PROVIDED ABOVE WITH RESPECT TO COMMUNICATION BY
FACSIMILE, ALL COMMUNICATIONS SHALL BE DELIVERED IN PERSON OR SENT BY
NATIONALLY RECOGNIZED COURIER (SUCH AS FEDERAL EXPRESS, DHL, U.S.
POSTAL SERVICE EXPRESS MAIL, ETC.), WITH ALL CHARGES PREPAID.
IF A DEMA1P FOR PAYMENT MADE. BY YOU HEREUNDER DOES NOT, IN ANY
INSTANCE, CONFORM TO THE TERMS AND CONDITIONS OF THIS LETTER OF
CREDIT, WE SHALL GIVE YOU PROMPT NOTICE THAT THE DEMAND WAS NOT
EFFECTED IN ACCORDANCE WITH THIS LETTER OE CREDIT, STATING THE
REASONS THEREFORE AND THAT WE ARE HOLDING ANY DOCUMENTS AT YOUR
DISPOSAL OR ARE RETURNING THEM TO YOU, AS WE MAY ELECT. UPON BEING
NOTIFIED THAT THE DEMAND WAS NOT EFFECTED IN CONFORMITY WITH THIS
LETTER OF CREDIT, YOU MAY ATTEMPT TO CORRECT ANY SUCH NONCONFORMING
DEMAND P'OR PAYMENT IF AND TO THE EXTENT THAT, YOU ARE ENTITLED
(WITHOUT REGARD TO THE PROVISIONS OF THIS SENTENCE) AND ABLE TO DO
SO.
BY PAYING YOLT AN AMOUNT DEMANDED IN ACCORDANCE WITH THIS LETTER OF
CREDIT, WE MAKE NO REPRESENTATION AS TO THE CORRECTNESS OF THE AMOUNT
DEMANDED OR YOUR CALCULATIONS AND REPRESENTATIONS ON THE CERTIFICATES
REQUIRED OF YOU BY THIS LETTER OF CREDIT. OUR PAYMENT OF THE AMOUNT
DEMANDED IN ACCORDANCE WITH THIS LETTER OF CREDIT SHALL NOT BE
CONSTRUED TO LIMIT ANY OTHER REMEDIES THAT YOU MAY HAVE AT LAW OR
EQUITY TO COLLECT AMOUNTS DUE FROM BENEFICIARY,
THIS LETTER OF CREDIT CANNOT BE MODIFIED OR REVOKED WITHOUT YOUR
CONSENT,
PARTIAL DRAWING AND MULTIPLE PRESENTATIONS ARE PERMITTED UNDER THIS
LETTER OF CREDIT.
THIS LETTER OF CREDIT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE INTERNATIONAL CHAMBER OF COMMERCE INTERNATIONAL
STANDBY PRACTICES, PUBLICATION NO. 590 (1998 REVISION) AND, TO THE
EXTENT NOT INCONSISTENT THEREWITH, THE LAWS OF THE STATE OF
WASHINGTON.
DRAFT
PAGE: 4
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 098959
BANK OF AMERICA CONFIDENTIAL
YOU REQUIRE ANY Ag8ISTANCE OR HAVE ANY QUESTIONS REGARDING THIS
TRANSACTION, PLEASE CALL 1-80-0-541-6096 OPT 1.
AUTHORIZED SIGNATURE
THIS DOCUMENT CONSISTS OF 4 PAGE (S).
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Exhibit 1Q
South Tukwila EIS
Trip *Gailefath:iii
TENW Project No. 2252
P.M. Peak Hour Trip Gefiration
EXISTING DEVELOPMENT TRIPS
Page 1 2015 PM trip Generation 1r
Existing Trip Generation
trips Generated
ITE .01rectional Split PM Peak 1 `PM Peak HOur
Land Use Area Units Luc In Out Tril Rate In.... Out 'Total
Parcels A-1 A
RESIDENTIAL 6 Units -210 67% 33% 1.01 4 2 6
(htlyitijilahge also in Parcel A for We Action Alternativel
Subtotal 4 2 6
Parcel B
OFFICE 39.947 GFA 710 17% Br% .2.38 16 76 94
WAREHOUSING 134 p•FA, 150 24% 76% 0.61 20 62 92
Subtotal 36 140 176
Parcel C 3
OFFICE 6,595 GFA 710 17% 63% 3.49 5 25 30
DRIVING RANGE .175 Tees 432 44'?, 56% 1.25 36 45 61
(Dritin4 Rahge in Parcel A for t Action Alter/thrive)
Subtotal 41 70 .111
Parcels f& G
OFFICE 197,259 drs, 710 17% 83% 1.52 51 249 300
WAREHOUSING 1.083,142 GFA 150 25% 76% 0.40 105 317 422
MANUFACTURING 1.19.034 GFA 140 36% 64% 0.69 87 66 103
Subtotal 193 632 825
Parcel H 3 (Parcel t in No Action Alternative)
OFFICE 12. 065 GFA 710 19% 82% 3.23 7 3 89
WAREHOUSING 77.91 1 GFA 150 24% 76% 0.69 13 41 54
Parcel L (Parcel D in No Action Alterariative)
LIGHT INDUSTRIAL
Parcel 0 (Parcel J in No Aation Alternative)
Subtotal 20 93
29.086 GFA 110 10% 90% 0.98 3 26 29
Subtotal 3 26 29
RESIDENTIAL I Units 210 100% 0% 1,01 1 0 1
Subtotal 0 1
Gross P.M. Peak Hour Trips Generated 298 .943 1,241
Nate
GM k GGiss Floor Aro.
Institute ol Traroportadon EnOlneerz. Trip 'Generation Manual. 7th Edition. 2003 Land Use Codes, Exhibit 11
Parcel designailons for the Eiererred Action Alteinative.
SUMMARY OF
Ordinance No. 2233
City of Tukwila, Washington
On June 8, 2009 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2233, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING BY REFERENCE A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF TUKWILA AND LA PIANTA LLC
FOR THE TUKWILA SOUTH DEVELOPMENT; 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 thereof on June 8, 2009.
Published Seattle Times: June 15, 2009.
0 /4 T---6
Christy O'rtafierty, c%1C, SG`ity✓Clerk