HomeMy WebLinkAboutPermit PL18-0046 - COSTCO WHOLESALE CORPORATION - LAND DIVISIONCOSTCO WHOLESALE CORPORATION
3623049107
PARENT FILE
P L 18-0046
THIS FILE
L18-0058
LAND DIVISION/BOUNDARY LINE
ADJUST
City of Tukwila
• REVISION-SUBMITTA. L
Department of Community Development
PLANNING DIVISION
6300 Southcenter Boulevard, Suite #100
Tukwila, Washington 98188
Phone: 206-431-3670
Revision submittals must be submitted in person at the Permit Center,
ACCOMPANIED BY RESPONSE DOCUMENTS AND THIS COMPLETED FORM.
Revisions will not be accepted through the mail, email, fax, etc.
Date: iI2J1 f (d Permit Number: L_I — 00s
Project Name: CS-CQ /301ndOrJ lr() AdjUS4#14ei�`
Project Address:
Project Contact: a I T i, � (/dot t
City Planner: MCrtd l4 Sam p Sdn
Contact Phone number: 4LS- ZS I (Z1Z...
PLEASE ATTACH A COPY OF ANY LETTER REQUESTING CORRECTIONS / ADDITIONAL INFORMATION
❑ Response to Preliminary Approval
❑ Response to letter requesting additional information (Please attach a copy of the letter)
Final Short Plat Submittal ( LIbmI44CA\
Summary of revision/response submittal:
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RECEIVED
APR 252019
Comm
Received at the City of Tukwila Permit Center by: Development
❑ Entered in TRAKiT on
W:\@SHAREPOINT POLDER RESTRUCTUREUiefercnce\APPLICATIONS - Land Use Apps & Handoms\Rcvision Submittal Form.doc
Revised: March 2014
Date:
City of Tukwila
REVISION SUBMITTAL
Department of Community Development
PLANNING DIVISION
6300 Southcenter Boulevard, Suite #100
Tukwila, Washington 98188
Phone: 206-431-3670
Revision submittals must be submitted in person at the Permit Center,
ACCOMPANIED BY RESPONSE DOCUMENTS AND THIS COMPLETED FORM.
Revisions will not be accepted through the mail, email, fax, etc.
Ig
Permit Number:
LA- co sq-
Project Name: 29 / CO SCU7 q l/'QQ / /i� J"] -t
f
Project
Address: 7v g [ Co l 0 drl/Je To/ �(,UIfI"!
/
Project Contact: G2/-/1/'? bIV UiOr Contact Phone number: 1105, ZS/ _ �za?
City Planner: Mere' d 1 S/ IY ip SO,i
PLEASE ATTACH A COPY OF ANY LETTER REQUESTING CORRECTIONS / ADDITIONAL INFORMATION
❑ Response to Preliminary Approval
IDsponse to letter requesting additional information (Please attach a copy of the letter)
112,e
Final Short Plat Submittal
Summary of revision/response submittal:
v ram
MAR 20 2019
Community
npvPlnpmant
Received at the City of Tukwila Permit Center by:
111 Entered in TRAKiT on
W:\@SHAREPOINT FOLDER RESTRUCTURE Reference\APPLICATIONS • Land Use Apps & Handouts\Revision Submittal Eorm.doc
Revised: March 2014
To:
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Jack Pace, Director
MEMORANDUM
Public Works Director via Joanna Spencer
Jay Wittwer via Don Tomaso
Richard Takechi
From: Meredith Sampson
RE: Costco BLA
Date: 3/21/19
• File: L18-0058
The above referenced Boundary Line Adjustment is ready for final approval. Attached are the
documents for recording. Please indicate your approval by putting your initials next to your
name below. If you do not approve, indicate any additional requirements below.
Approved by ,di (PW) ''. (initials)
Approved by Jay Wittwer /9A%. 6 JV / • (initials)
Approved by Richard Takechi - r(S-r (initials)
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
BARG4IAUSEN
March 20, 2019
HAND SUBMITTAL
(206) 431-3670
Ms. Meredith Sampson
City of Tukwila
Department of Community Development
6300 Southcenter Boulevard
Tukwila, WA 98188
RE: Boundary Line Adjustment - Final Plat Stamp
Costco Wholesale
440 - 441 Costco Drive, Tukwila, Washington 98188
Costco Loc. No. 6 / Our Job No. 7880
Dear Ms. Sampson:
On behalf of our client Costco Wholesale (Costco), Barghausen Consulting Engineers Inc., is submitting
the Final Plat for a Boundary Line Adjustment for the above -referenced project. It is our understanding that
the City will circulate the plan set for final signatures and stamps.
The following item is enclosed for your review:
• One (1) signed and stamped copy of the Recording Document by Barghausen Consulting
Engineers, Inc. dated November 20, 2018
Should you have any questions or comments please contact me at (425) 251-6222. Please contact me at
the previously mentioned phone number when the plan set is ready for pickup. Thank you for your
assistance with this project.
Sincerely,
cot
Caitlin Hepworth
Assistant Planner
•CH/dm
7880c.059.docx
enc: As Noted
cc: Ms. Kim Katz, Costco Wholesale
Mr. Rick Jerabek, Costco Wholesale
Mr. Jay S. Grubb, Barghausen Consulting Engineers, Inc.
Mr. Chris S. Ferko, Barghausen Consulting Engineers, Inc.
Mr. Chris Jensen, Barghausen Consulting Engineers, Inc.
Mr. Sean Anderson, Barghausen Consulting Engineers, Inc.
MAR 20 2019
Community
Development
BARGHAUSEN CONSULTING ENGINEERS, INC.
18215 72ND AVENUE SOUTH KENT, WA 98032 P) 425-251-6222 F) 425-251-8782
BRANCH OFFICES: TUMWATER, WA KLAMATH FALLS, OR LONG BEACH, CA ROSEVILLE, CA SAN DIEGO, CA
barghausen.com
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Jack Pace, Director
NOTICE OF DECISION
February 8, 2019
Kim Katz c/o Sean Anderson
999 Lake Drive
Issaquah, WA 98029
RE: Costco Wholesale Corporation Boundary Line Adjustment L18-0058
441 Costco Drive, Tukwila, WA 98188
Dear Kim Katz and Sean Anderson,
The City has completed review of your boundary line adjustment (No. L18-0058) and determined
that it complies with all applicable City code requirements. The City SEPA Responsible Official has
previously determined that this application does not require a SEPA threshold determination
because it is categorically exempt.
This letter serves as the Notice of Decision per TMC 18.104.170. Based on the latest project
submittal, preliminary approval is granted subject to the conditions stated below. The conditions
imposed are to ensure the lot line adjustment is consistent with the Criteria for Preliminary Approval
listed at TMC 17.08.030 in the Tukwila Subdivision Code.
PRELIMINARY APPROVAL CONDITIONS
Prior to Final Boundary Line Adjustment, the following comments need to be addressed:
1. A wet copy of the engineer's signature is required on final plat submitted to the City for
signatures.
NEXT STEPS:
1. Final Approval: Submit the necessary boundary line adjustment documents (survey, and
legal descriptions with signatures) for city signatures. All taxes and fees assessed against
the property must be current prior to final approval. Please check with the King County
Assessor's Office and the City of Tukwila Finance Department prior to submitting final
documents.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
•
l
2. Recording: It is your responsibility to record the approved and signed documents with the
King County Department of Records. You will need to pay the recording fees and submit
your approved originals to King County. The boundary line adjustment is not complete
until the recording occurs and copies of the recorded documents are provided to the
Department of Community Development.
EXPIRATION OF PRELIMINARY APPROVAL
The final approved boundary line adjustment must be filed with the King County Department of
Records within one year from the date of this preliminary approval or the application will expire.
The City may grant a single one year extension if requested in writing prior to the expiration date.
APPEAL RIGHTS
This boundary line adjustment decision may be appealed to the Hearing Examiner. One
administrative appeal of the decision on the boundary line adjustment, excluding challenges to
the DNS, is permitted. If no valid appeals are filed within the time limit, the decision of the
Department will be final.
In order to appeal the decision a written notice of appeal must be filed with the Department of
Community Development within 21 days of the issuance of the Notice of Decision. The
requirements for such appeals are set forth in Tukwila Municipal Code 18.116.
Appeal materials shall include:
1. The name of the appealing party.
2. The address and phone number of the appealing party; and if the appealing party is a
corporation, association or other group, the address and phone number of a contact person
authorized to receive notices on the appealing party's behalf.
3. A statement identifying the decision being appealed and the alleged errors in the decision,
including any specific challenge to an MDNS.
4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the
law in the decision being appealed; (b) the harm suffered or anticipated by the appellant,
and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised
in the Notice of Appeal.
5. Appeal fee per the current fee schedule, additional hourly charges may apply. In addition all
hearing examiner costs will be passed through to the appellant.
Any appeal shall be conducted as an open record hearing before the Hearing Examiner. The
Hearing Examiner's decision on the appeal is the City's final decision. A party who is not satisfied
with the outcome of the administrative appeal process may file an appeal in King County Superior
Court from the Hearing Examiner's decision pursuant to the procedures and time limitations set
A
forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such
an appeal.
If you have any questions about this matter please direct them to the project planner, Meredith
Sampson, at Meredith.Sampson@TukwilaWA.gov or (206 )431-3661.
Sincerely,
v
Jac 'ace
Chai Short Subdivision Committee
Enclosure: ��jj
cc: Henry Hash, Public Works Director (please initial your approval)
Jay Whittwer, Fire Chiefgit ' (please initial your approval)
Kim Katz c/o Sean Anderson, applicant
Costco Wholesale Corporation, owner
King County Assessor, Accounting Division
Department of Ecology, SEPA Division
•
RECEIVED
DEC 2 8 2018
City of Tukwila TUKWILA
PUBLIC WORKS
Department of Community Development
FILE NUMBER
PL18-0046
L18-0058 BLA
Land Use Routing form for Revisions
TO: Ei Building Fire Dept. ❑ Police Dept ❑Parks/Rec.
CEI Public Wor s: (please list the name) JOANNA SPENCER
Project: COSTCO WHOLESALE CORPORATION
Address: 441 COSTCO DR
Date transmitted 12/28/2018
Response requested by: 1/11/2019
Planner: /y1_p�jf� &444./
Date response received:
COMMENTS
4PW has no wine m e_y+5
DRC review requested ri Plan submittal requested ❑ Plan approved
Plan check date: 1/3 % /9
Comments prepared by: J) .
• •
City of Tukwila
Department of Community Development
FILE NUMBER
PL18-0046
L18-0058 BLA
Land Use Routing form for Revisions
TO: Buildin'g 0 Fire Dept. ❑ Police Dept ❑Parks/Rec.
0 Public Works: (please list the name) JOANNA SPENCER
Project: COSTCO WHOLESALE CORPORATION
Address:441 COSTCO DR
Date transmitted 12/28/2018
Response requested by: 1/11/2019
Planner: Y"ip pde,d
Date response received:
COMMENTS
50i1-4,/y - OA-R/7 •—, C'®4lm.64/r /2-3/18 S
DRC review requested
nPlan submittal requested n Plan approved
Plan check date:
Comments prepared by:
City of Tukwila
Department of Community Development
FILE NUMBER
PL18-0046
L18-0058 BLA
Land Use Routing form for Revisions
TO: F Building 4 Fire Dept. ❑ Police Dept [Parks/Rec.
EI Public Works: (please list the name) JOANNA SPENCER
Project: COSTCO WHOLESALE CORPORATION
Address:441 COSTCO DR
Date transmitted 12/28/2018
Response requested by: 1/11/2019
Planner: l�/.Gi'G�/,�,/i�i ar„yfc,�q
Date response received:
COMMENTS
AV/A- LJ DRC review requested
nPlan submittal requested
Plan approved
Plan check date:
St
Comments prepared by:
61_ c-4'
BnRGNnUeEN
December 26, 2018
COURIER DELIVERY
(206) 431-3661
Ms. Meredith Sampson
Assistant Planner
City of Tukwila
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188
RE: Responses to Technical Review Letter Comments
Costco Wholesale - Boundary Line Adjustment
440 - 441 Costco Drive, Tukwila, Washington 98188
City of Tukwila File No. L18-0058
Costco Loc. No. 6 / Our Job No. 7880
Dear Ms. Sampson:
RECEIVED
DEC 28 2018
Community
Development
We have revised the plans and technical documents for the above -referenced project in accordance with
your Technical Review Letter comments dated September 11, 2018 and the attached Public Works and
Planning redline plan comments. Enclosed are the following documents for your review and approval:
1. Four (4) copies of the recording document by Barghausen Consulting Engineers, Inc. dated
November 20, 2018
Occc.vw.lot.r 18,_
2. Four (4) copies of Covenants, Conditions and Restrictions dated June 12, 1996 (Recording No.
9606122127)
3. Four (4) copies of an Easement Exhibit dated December 27, 2017 prepared by Barghausen
Consulting Engineers
The following outline provides each of the comments in italics exactly as written, along with a narrative
response describing how each comment was addressed:
Technical Review Letter Comments by Meredith Sampson, Assistant Planner, date
September 11, 2018
A. Public Works —contact —Joanna Spencer; Joanna.Spencer@TukwilaWA.gov
1. See attached plan with questions and comments from Public Works.
Response: See below for our responses to the Public Works redline plan comments.
B. Fire Marshal —contact —Don Tomaso; Don.Tomaso@TukwilaWA.gov
1. On submitted drawings change "Saxon Drive" to "Costco Drive" as approved by the Tukwila
City Council by Resolution Number 1544 on March 1, 2004.
Response: The enclosed recording document is updated to correctly reference Costco
Drive.
BARGHAUSEN CONSULTING ENGINEERS, INC.
18215 72ND AVENUE SOUTH KENT, WA 98032 P) 425-251-6222 F) 425-251-8782
BRANCH OFFICES: TUMWATER, WA KLAMATH FALLS, OR LONG BEACH, CA ROSEVILLE, CA SAN DIEGO, CA
barghausen.com
• •
Ms. Meredith Sampson
Assistant Planner
City of Tukwila -2- December 26, 2018
2. Provide a copy of the ingress/egress easements for the parcels to verify that emergency
services access is listed.
Response: Section 3.3 in the enclosed Covenants, Conditions and Restrictions dated
June 12, 1996 (Recording No. 9606122127) includes a perpetual, non-exclusive easement
over the fuel facility and optical center (Parcel D) areas for ingress and egress of vehicles
(including service) and pedestrians to the benefit of the Home Depot Development. Ingress
and egress access to the fuel facility and optical center properties is provided through non-
exclusive access agreements for Saxon Road (Costco Drive) and 70th Avenue South
(James Christensen Road), as shown in the enclosed Easement Exhibit dated December
27, 2017 prepared by Barghausen Consulting Engineers.
3. Provide a copy of the legal description for James Christensen Road/70th Ave
S/Christensen Greenbelt Park. These seem to be in to be in the same area and have
caused a-911 issues with these names for several years.
Response: A legal description for James Christensen Road/70th Avenue South is
provided in the enclosed recording document.
C. Planning —contact —Meredith Sampson; Meredith.Sampson@TukwilaWA.gov
1. State who will be using the parking lot south of the fueling station. If it will be utilized by
the optical center, there will need to be an easement.
Response: Shared parking and access for Parcel D, which includes the fuel facility and
optical center, is described in the Covenants, Conditions and Restrictions (CC&Rs) dated
June 12, 1996 (Recording No. 9606122127). In the CC&Rs, parking in the fuel facility and
optical center is reserved for the use of Parcel D only.
2. See attached plan for other questions and comments from planning.
Response: See below for our response to the Planning redline plan comment.
Public Works Redline Plan Comments
Sheet 1
NEW LEGAL DESCRIPTIONS
Lott
... TO THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO EXISTING EASEMENT.
Response: The enclosed recording document is updated to include the noted text amendment.
Lot 2
... TO THE POINT OF BEGINNING.
Ms. Meredith Sampson
Assistant Planner
City of Tukwila
-3- December 26, 2018
TOGETHER WITH AND SUBJECT TO EXISTING EASEMENT.
Response: The enclosed recording document is updated to include the noted text amendment.
SHOW WHERE PARCELS A, B, C (see is shown on sht 2 of 3], D, E, & F ARE
Response: The enclosed recording document is updated to show where parcels A, B, C, D, E,
and F are located.
Sheet 2
LOT1
KC Assessor's map shows it as APN 2623049113
Response: Lot 1 is correctly shown as APN 262304-9063 in the enclosed recording document.
The area shown as the Union Pacific Rail Road easement has been updated to show correct APN
262304-9113.
THIS SHOULD BE COSTCO DR.
Response: The enclosed recording document is updated to correctly reference Costco Drive.
Sheet 3
UPR/R EASEMENT TAX PARCEL #2623049113
Response: The enclosed recording document is updated to correctly note the Union Pacific
Railroad Easement under APN 262304-9113.
Planning Redline Plan Comments
Corner of optical center lot in access point of the other lot?
Response: Shared parking and access for Parcel D, which includes the fuel facility and optical
center, is described in the Covenants, Conditions and Restrictions (CC&Rs) dated June 12, 1996
(Recording No. 9606122127). The driveway access to the fuel facility queuing area will remain
unchanged, and is allowed under the provisions of the CC&Rs.
Backing in requires use of other lot? Is there an easement?
Response: Shared parking and access for Parcel D, which includes the fuel facility and optical
center, is described in the Covenants, Conditions and Restrictions (CC&Rs) dated June 12, 1996
(Recording No. 9606122127). Access between the fuel facility and optical center will remain
unchanged and is allowed under the provisions of the CC&Rs.
Does not meet interior parking lot landscaping requirements found in 18.28.240 - parking islands
must be every 10 stalls - making it non -conforming.
• •
Ms. Meredith Sampson
Assistant Planner
City of Tukwila -4- December 26, 2018
Response: The boundary line adjustment does not include any associated improvements to either
the fuel facility or the optical center properties and is consistent with the approval criteria in Tukwila
Municipal Code (TMC) Section 17.08.030 (C). Specifically, the boundary line adjustment will not
create non -conforming lots with respect to zoning dimension and area standards, zoning setbacks
and lot area coverage standards. If the parking lot landscaping is non -conforming with the City
Code standards, then it should brought to conformance "At such time as a change requiring design
review approval is proposed for a use or structure..." in accordance with TMC 18.70.090.
We believe that the above responses, together with the enclosed revised plans and technical documents,
address all of the Technical Review Letter comments dated September 11, 2018 and the attached Public
Works and Planning redline plan comments. Please review and approve the enclosed at your earliest
convenience. If you have any questions or comments please contact me at (425) 656-7460. Thank you
for your assistance with this project.
Sean Anderson
Senior Planner
SA/lb
7880c.057.docx
enc: As Noted
cc: Ms. Kim Katz, Costco Wholesale
Mr. Rick Jerabek, Costco Wholesale
Mr. Jay S. Grubb, Barghausen Consulting Engineers, Inc.
Mr. Chris S. Ferko, Barghausen Consulting Engineers, Inc.
Mr. Chris Jensen, Barghausen Consulting Engineers, Inc.
Ms. Caitlin Hepworth, Barghausen Consulting Engineers, Inc.
• •
City of Tukwila
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone (206) 431-3670 FAX (206) 431-3665
E-mail: planning@tukwilaWA.gov
BOUNDARY LINE ADJUSTMENT NO.
DECLARATION
KNOW ALL MEN BY THESE PRESENT THAT WE, THE UNDERSIGNED, OWNER IN FEE SIMPLE
OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A BOUNDARY LINE ADJUSTMENT
THEREOF PURSUANT TO RCW 58.17.060 AND ACKNOWLEDGE THAT SAID SUBDIVISION
SHALL NOT BE FURTHER DMDED IN ANY MANNER WITHIN A PERIOD OF FIVE YEARS FROM
DATE OF RECORD, WITHOUT THE FILING OF A FINAL PLAT. THE UNDERSIGNED FURTHER
DECLARE THIS SHORT PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SAME, AND IS
MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE OWNER.
IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS.
COSTCO WHOI FSCI F CORPORATION, A WASHINGTON CORPORATION
BY:
ITS:
ACKNOWLEDGMENT
STATE OF WASHINGTON
SS.
COUNTY OF KING
I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT
IS THE PERSON WHO APPEARED
BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT(S) HE SIGNED THIS INSTRUMENT,
ON OATH STATED(S) HE EXECUTED THE INSTRUMENT AS
OF COSTCO WHOLESALE CORPORATION. AND ACKNOWLEDGED IT TO BE THE FREE AND
VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE
INSTRUMENT.
DATED THIS DAY OF
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON
PRINTED NAME
RESIDING AT
MY APPOINTMENT EXPIRES
4 Z
SAXON DR
S. 180TH
S. 188TH ST.
h
SITE
SW. 43RD ST
VICINITY
MAP
N.T.8.
APPROVALS
TUKVALA SHORT SUBDIVISION COMMITTEE APPROVAL
REVIEWED AND APPROVED BY THE SHORT SUBDIVISION COMMITTEE AND HEREBY CERTIFIED FOR
FILING THIS _ DAY OF 20
CHAIRPERSON, SHORT SUBDIVISION COMMITTEE
KING COUNTY DEPARTMENT OF ASSESSMENTS
EXAMINED AND APPROVED THIS _ DAY OF 20
KING COUNTY ASSESSOR DEPUTY ASSESSOR
362304-9107-00 & 252304-9063-05
TAX ACCOUNT NUMBER
f
RECORDER'S CERTIFICATE
FILED FOR RECORD THIS _ DAY OF
20__ AT M IN BOOK ___ OF _____ AT PAGES
AT THE REQUEST OF BARGHAUSEN CONSULTING
ENGINEERS, INC.
MANAGER SUPT. OF RECORDS
EXISTING LEGAL DESCRIPTIONS
(PER FIRST AMERICAN TITLE INSURANCE COMPANY
AUGUST 17, 2017)
PARCEL A
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON,
SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 23
DESCRIBED AS FOLLOWS:
TITLE COMMITMENT, ORDER NO. NCS-615619-WA1, DATED
SOUTHWEST OUARTER OF SECTION 25, TOWNSHIP 23 NORTH,
AND THAT PORTION OF THE SOUTHEAST OUARTER OF THE
NORTH, RANGE 4 EAST. W.M., IN KING COUNTY, WASHINGTON,
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST OUARTER OF SECTION 26;
THENCE NORTH 8744'08" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST OF SECTION 26, A DISTANCE 166.45;
THENCE NORTH 1'47'29- EAST, S DISTANCE OF 515.60 FEET;
THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 300.00, AN ARC DISTANCE OF 131.82 FEET TO THE
NORTH LINE OF A PARCEL OF LAND CONVEYED TO REX ALLISON, ET AL, BY DEED RECORDED UNDER RECORDING
NO. 5917083, AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88'12'31" EAST, DISTANCE OF 1,074.19 FEET TO THE WEST MARGIN OF THE JAMES CHRISTENSON
ROAD;
THENCE SOUTH 4707'21" WEST ALONG SAID WEST MARGIN, A DISTANCE OF 273.03 FEET;
THENCE SOUTH 30'24'21' WEST ALONG SAID WEST MARGIN, A DISTANCE OF 352.82 FEET;
THENCE NORTH 01'47'29' EAST. A DISTANCE OF 471.67 FEET;
THENCE NORTH 88'12'31: WEST, A DISTANCE OF 732.22 FEET TO THE CENTERLINE OF AN EASEMENT RECORDED
UNDER RECORDING N0. 6446751;
THENCE NORTHLY ALONG SAID CENTERLINE, A DISTANCE OF 32.40 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B:
THAT PORTION OF GOVERNEMENT LOT 1 OF SECTION 35 AND GOVERNMENT LOT 1 OF SECTION 36 AND
GOVERNMENT LOT 8 OF SECTION 26, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DECRIBED AS FOLLOWING:
BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1 OF SECTION 35;
THENCE SOUTH 01'19'01' WEST ALONG THE EAST LINE OF GOVERNMENT LOT 1 OF SAID SECTION 35 A DISTANCE
OF 82.38 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88'08'21" WEST A DISTANCE OF 167.24 FEET;
THENCE NORTH 01'51'39" EAST A DISTNACE OF 83.55 FEET;
THENCE NORTH 01'47'29" EAST A DISTANCE OF 515.60 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET, AN ARC DISTANCE OF 99.43 FEET
THROUGH A CENTRAL ANGLE OF 18'59'26';
THENCE SOUTH 88'12'31' EAST A DISTANCE OF 723.22 FEET;
THENCE SOUTH 01'47'29" WEST A DISTANCE OF 471.67 FEET TO THE WEST MARGIN OF THE JAMES CHRISTENSEN
ROAD;
THENCE SOUTH 30'24'21" WEST ALONG SAID WEST MARGIN A DISTANCE OF 60.08 FEET;
THENCE SOUTH 0732'21" WEST ALONG SAID WEST MARGIN A DISTANCE OF 174.08 FEET;
THENCE NORTH 88'08'21" WEST A DISTANCE OF 526.22 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL C:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER 30 FOOT STRIP OF LAND DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHEAST OUARTER OF THE SOUTHEAST OF SECTION 26 AND GOVERNMENT LOT 8, IN
SECTION 25, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST OUARTER OF THE SOUTHEAST OUARTER OF THE
SOTHEAST OUARTER OF SECTION 26;
THENCE NORTH 8744'08" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 26, A
DISTANCE OF 166.45 FEET;
THENCE NORTH 01'47'29" EAST, A DISTANCE OF 515.60 FEET;
THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 300.00 FEET, AN ARC DISTANCE OF 99.43 FEET
THROUGH A CENTRAL ANGLE OF 18'59'26" TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88'12'31" WEST, A DISTANCE OF 257.91 FEET TO THE EASTERLY MARGIN OF ANDOVER PARK EAST;
THENCE ALONG SAID EASTERLY MARGIN ALONG A CURVE TO THE RIGHT THE CENTER OF WHICH BEARS SOUTH
71'29'01" EAST HAVING A RADIUS OF 270.00 FEET, AN ARC DISTANCE OF 20.33 FEET TO A POINT OF REVERSE
CURVE;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 330.00 FEET, AN ARC DISTANCE OF 11.46 FEET;
THENCE SOUTH 88'12'31" EAST, A DISTANCE OF 970.63 FEET;
THENCE SOUTH 01'47'26" WEST, A DISTANCE OF 30.00 FEET;
THENCE NORTH 88'12'31" WEST, A DISTANCE OF 723.22 TO THE TRUE POINT OF BEGINNING.
PARCEL D: (NOT A PART OF BOUNDARY LINE ADJUSTMENT)
THAT PORTION OF GOVERNMENT LOT 1 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1 OF SECTION 35;
THENCE SOUTH 0119'01" WEST ALONG THE EAST LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 82.38 FEET;
THENCE NORTH 88'08'21" WEST A DISTANCE OF 167.24 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 88'08'21" WEST A DISTANCE OF 253.00 FEET TO THE EAST LINE OF ANDOVER PARK
EAST;
THENCE NORTH 01'51'39" EAST ALONG SAID EAST LINE A DISTANCE OF 48.00 FEET; THENCE SOUTH 88'08'21"
EAST A DISTANCE OF 253.00 FEET TO THE WEST LINE OF PARCEL "A";
TTHENCE SOUTH 01'51'39" WEST ALONG SAID WEST LINE A DISTANCE OF 48.00 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL E: (NOT A PART OF BOUNDARY UNE ADJUSTMENT)
THAT PORTION OF GOVERNMENT LOT 1, IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1, THENCE NORTH 8744'08" WEST ALONG THE
NORTH LINE THEREOF 166.45 FEET TO THE CENTERLINE OF CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD
RIGHT-OF-WAY EASEMENT;
THENCE SOUTH 01'51'39" WEST ALONG SAID CENTERLINE 83.55 FEET; THENCE NORTH 88'08'21" WEST 253.00
FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE SOUTH 88'08'21" EAST 226.00 FEET;
THENCE SOUTH 86'25'18" WEST 211.95 FEET;
THENCE SOUTH 3743'51" WEST 25 FEET TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS NORTH
01'51'39" EAST;
THENCE NORTH 01'51'39" EAST TO THE TRUE POINT OF BEGINNING.
PARCEL F:
LOT D OF CITY OF TUKWILA SHORT PLAT NO. L-94-0055. ACCORDING TO THE SHORT PLAT RECORDED DECEMBER
26, 1995 UNDER RECORDING N0. 9512269001, IN KING COUNTY, WASHINGTON.
LAND SURVEYOR'S CERTIFICATE:
THIS BOUNDARY LINE ADJUSTMENT CORRECTLY REPRESENTS A
SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE
WITH STATE AND COUNTY STATUTES IN SEPTEMBER 2017.
TT171
-
OWEN B. HILLE, PLS
WASHINGTON REGISTRATION NO. 40016
12/28/2018
DATE
f
T, 12/28/2018 t,
`14i1������tin� �uotvriiiN+'
GSA&i1�
t��►"I. to 18215 72ND AVENUE SOUTH
Z KENT, WA 98032
• (425)251-6222
(425)251-8782 FAX
0
CIVIL ENGINEERING. LAND PIANNNC.
SURVEYING, ENVIRONMENTAL SERVICES
VOL. PG.
NEW LEGAL DESCRIPTIONS
LOT 1:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST OUARTER OF SECTION 25.
THE SOUTHEAST QUARTER OF THE SOUTHEAST OUARTER OF SECTION 26,
GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35
AND GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36.
ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1 IN THE NORTHEAST OUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 35;
THENCE SOUTH 01'19'53" WEST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE 82.38 FEET TO THE
NORTH LINE OF LOT D OF CITY OF TUKWILA SHORT PLAT NO. L-94-0055, ACCORDING TO THE SHORT PLAT
RECORDED DECEMBER 26, 1995 UNDER RECORDING NO. 9512269001:
THENCE NORTH 88'07'29" WEST, ALONG SAID NORTH LINE A DISTANCE OF 167.23 FEET TO THE NORTHWEST
CORNER OF SAID LOT D OF CITY OF TUKWILA SHORT PLAT N0. L-94-0055 AND THE POINT OF BEGINNING;
THENCE NORTH 01152'31" EAST, A DISTANCE OF 83.54 FEET;
THENCE NORTH 01'48'21" EAST, A DISTANCE OF 515.61 FEET TO A POINT OF CURVATURE TO THE RIGHT HAVING A
RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 2510'36";
THENCE NORTHERLY ALONG THE ARC A DISTANCE OF 131.82 FEET;
THENCE SOUTH 88'11'39" EAST. A DISTANCE OF 1,074.19 FEET TO THE WEST MARGIN OF THE JAMES
CHRISTENSON ROAD;
THENCE SOUTH 4708'13" WEST, A DISTANCE OF 273.03 FEET;
THENCE SOUTH 30'25'13" WEST. A DISTANCE OF 412.90 FEET;
THENCE SOUTH 07'33'13" WEST, A DISTANCE OF 174.08 FEET;
THENCE SOUTH 07'41'57" WEST, A DISTANCE OF 51.00 FEET;
THENCE SOUTH 10'51'48" EAST, A DISTANCE OF 197.12 FEET TO THE SOUTHEAST CORNER OF SAID LOT D;
THENCE NORTH 88'21'23" WEST, ALONG THE SOUTH LINE OF SAID LOT D FOR A DISTANCE OF 302.95 FEET TO A
POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 115.00 FEET AND A CENTRAL ANGLE OF 22'37'02";
THENCE WESTERLY ALONG THE ARC A DISTANCE OF 45.40 FEET;
THENCE NORTH 01'52'31" EAST, A DISTANCE OF 253.26 FEET TO A POINT ON THE NORTH LINE OF SAID LOT D;
THENCE NORTH 88'07'29" WEST, ALONG SAID NORTH LINE FOR A DISTANCE OF 384.60 FEET TO THE POINT OF
BEGINNING;
TOGETHER WITH AND SUBJECT TO EASEMENTS OF RECORD.
LOT 2:
THAT PORTION OF GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE NORTHEAST OUARTER OF SECTION 35
AND GOVERNMENT LOT 1 IN THE NORTHWEST OUARTER OF THE NORTHWEST OUARTER OF SECTION 36,
ALL IN TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE
NORTHEAST OUARTER OF SAID SECTION 35;
THENCE SOUTH 01'19'53" WEST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE 82.38 FEET TO THE
NORTH LINE OF LOT D OF CITY OF TUKWILA SHORT PLAT NO. L-94-0055, ACCORDING TO THE SHORT PLAT
RECORDED DECEMBER 26, 1995 UNDER RECORDING N0. 9512269001;
THENCE NORTH 88'07'29" WEST, ALONG SAID NORTH LINE A DISTANCE OF 167.23 FEET TO THE NORTHWEST
CORNER OF SAID LOT D OF CITY OF TUKWILA SHORT PLAT NO. L-94-0055 AND THE POINT OF BEGINNING;
THENCE SOUTH 01'52'31" WEST, ALONG THE WEST UNE OF SAID LOT D FOR A DISTANCE OF 283.98 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 0;
THENCE SOUTH 88'47'49" EAST. ALONG THE SOUTH UNE OF SAID LOT D FOR A DISTANCE OF 334.20 FEET TO A
POINT OF CURVATURE TO THE LEFT, CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 30.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40'29'14" FOR AN ARC DISTANCE OF
21.20 FEET TO A POINT OF REVERSE CURVATURE HAVING A RADIUS OF 115.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'18'19" FOR AN ARC DISTANCE OF
36.74 FEET;
THENCE NORTH 01'52'31" EAST, A DISTANCE OF 253.26 FEET TO A POINT ON THE NORTH LINE OF SAID LOT D;
THENCE NORTH 88'07'29" WEST, ALONG SAID NORTH LINE FOR A DISTANCE OF 384.60 FEET TO THE POINT OF
BEGINNING;
TOGETHER WITH AND SUBJECT TO EASEMENTS OF RECORD.
DRAWN BY
KJR
DATE
12/28/18
SCALE:
N/A
CHECKED BY:
OBH
JOB NO.:
7880
L/8'O&53
PTN OF THE NW1/4 OF THE NW1/4 OF SEC. 36,
THE NE1/4 OF THE NE1/4 OF SEC. 35,
THE SW1/4 OF THE SW1/4 OF SEC. 25,
THE SE1/4 OF THE SE1/4 OF SEC. 26,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.
CITY OF TUKWILA,; KING COUNTY, WASHINGTON
LJ
x
0
12/28/2018 10:28 AM Scale:1 = 1'
%
0'
a
0
o
co
12.
oo
io
0
0
0
ci
SHEET
1
OF
3�
•
City of Tukwila
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone (206) 431-3670 FAX (206) 431-3665
E-mail: planning@tukwilaWA.gov
BOUNDARY LINE ADJUSTMENT NO.
SOUTH LINE SEC. 26, T23N., RO4E., W.M.
NORTH LINE SEC. 35, T23N., RO4E., W.M.
APN 352304-9089
(PARCELS D & E ARE NOT
A PART OF BLA)
INGRESS/EGRESS EASEMENTS
OVER APN 352304-9089
REC. NO. 6690772
REC. N0. 6691762
REC. N0. 7104230129
REC. NO. 9508100740
REC. NO. 9608130150
10' WIDE OWEST EASEMENT
REC. 60. 20050209001089
30'
30'
30'
30'
hoc
1ITLE PARCEL D
TITLE PARCEL E
N.W. CORNER LOT D, TUK SP L-94-0055
(P.O.B. OF NEW LOTS 1 & 2)
&=6.11'10•
R=300.00'
L=32.39'
REC. N0. 6446750/ PARCEL C
REC. NO. 7105100417 - EASa 4T
\NC'
PMCRIN Pg6 SOC
PP 1,°14,
‘g.N319p9e
NP\9 eZ�SVC
00
C,111. 90g1
)ENS PN26231\)C
A P NiONEO
M �4C9039
10'2523°1UC
PP NyONE°
1
UTILITY EASEMENT
REC. N0. -
7105100417
27.0'
1NE'
CA1 O� 011
392
Pp.N
'( CA1 CO'�,A �;5
C PPN.
WEST PROPERTY LINE IS THE CENTERLINE OF
EASEMENTS 6375443 & 6375444
AND
54' WIDE R.R. EASEMENT PER
7407110552 & 6446751
ALL SHOWN PER SHORT PLAT L-94-0055
30' WIDE ACCESS DRIVE
EASEMENT PER
REC. NO. 9606122127
(EXTENDS SOUTH)
10' WIDE WATERLINE
EASEMENT
REC. NO. 9703170707
33.
27' 27
r--
REC. 60. 6446750/REC. 60. 7105100417
PARCEL C-30' WIDE NOREg8/EK3RESS EABEAENr
PPN -ck) A
9
S88'11'391 1074.19'
TITLE PARCEL A
TITLE PARCEL 8
54' RAILROAD EASEMENT
REC. N0. 6446750
REC. N0. 6446751
REC. NO. 7407120562
(A.P.N 262304-9113)
32.9i1-----26
S87'43'161 166.45' 35;
'36
LOT 1
A.P.N 252304-9063
EXISTING STRUCTURE
(TO RBAAPO
TITLE PARCEL B
COMMON CORNER TO SECTIONS 25, 26, 35 & 36
(RECORD LOCATION. MONUMENT NOT FOUND)
INGRESS/EGRESS EASEMENT
REC. NO. 9608130150-
(EXTENDS TO ANDOVER PARK EAST)
r-z
S1'19'5319 82.38' ±,COBrCO ORN1c 'i-'10.0
167.23'
y30.0- �_�
N88'07'29'W 384.60 7
10' OWEST EASEMENT
R0D 8B
O.
2f.0' 10.0'- 2005020901j
78.8' _
49 8'
---I30.0'
LOT 2
55.0'
r 50.5
J
&=1818'19'
R=115.00'
L=36.74'
S8E 47'49.E 334.20'
EXISTING LOT AREAS
LOT 1: 606,614t SO. FT. (13.92t AC.)
LOT 2: 186,228t SO. FT. (4.28± AC.)
NEW LOT AREAS
LOT 1: 685,090t S0. FT. (15.73t AC.)
LOT 2: 107,752t SO. FT. (2.47± AC.)
W
z
3 3
Wa
z Z
n U
W
Vl
N
.43
rz
!"o
CV
165.2'
46.0'
N88'07'291W 308.85'
OLD LOT UNE TO BE REMO(IED I
30.0'1
TTRE PARCEL F
01 p055
SU SP } A�91p1
W }62 0
Pp N
&=2Z37'02'
R=115.00'
L=45.40'
&=40'29'14-
R=30.00'
L=21.20' OP-PAOSgp1A
N°M362��
P•P'N \-� SUY`w\ p.-0p55
C01 OFNO \,6g00\
P\1 9512
svo a c N°'
,..400166 p
5114i Lop
12/28/2018V
30.0'
S88'21.23"E 302.95'
10' WIDE WATERLINE
EASEMENT
REC. N0. 9703170707
40.0'
.00°10
Of 90
CTOPp.N
TITLE PARCEL A
40.0'
/
/
/
V O 4
/ o
/
/
/
/
/
SOUTH LINE SEC. 25, T23N., RO4E., W.M.
NORTH LINE SEC. 36, 723N., RO4E.. W.M.
/ I
N7'41.571 51.00'
40.0' I
z �
1\ o
11
-30' ACCESS DRIVE EASEMENT PER REC.
NO'S 9512260577 & 9606122127
(NORTH -SOUTH ACCESS TO S. 180TH
ST.)
18215 72ND AVENUE SOUTH
KENT, WA 98032
(425)251-6222
(425)251-8782 FAX
CML ENGINEERING. LAND PUNNING,
SURVEYING, EIMRONNEMAL SERMCES
DRAWN BY
KJR
DATE
12/28/18
SCALE:
1' = 100'
CHECKED BY:
OBH
JOB NO.:
7880
50
100
VOL. PG.
200
SCALE: 1 100'
SURVEYOR'S NOTES
HORIZONTAL DATUM - BASIS OF BEARING:
THE BEARING OF THE LINE BETWEEN THE WSDOT POINT ID NUMBERS
136 AND 1384 TAKEN AS SOUTH 44'36'58' EAST, BASED UPON NORTH
AMERICAN DATUM OF 1983(91)
1. ALL TITLE INFORMATION USED FOR THE PURPOSE OF THIS
SURVEY WAS PROVIDED BY FIRST AMERICAN TITLE INSURANCE COMPANY
BY TITLE ORDER IIUMBER NCS-615619-WA1, DATED AUGUST 17, 2017.
2. MONUMENTS AND SURVEY CONTROL USED TO DEFINE BOUNDARY
WAS VISITED IN MARCH OF 2006.
4. THIS IS A FIELD TRAVERSE SURVEY. A SOKKIA FIVE -SECOND
ELECTRONIC TOTAL STATION, TRIMBLE 5600 ROBOTIC TOTAL STATION
AND A SPECTRA FOCUS 35 WAS USED TO MEASURE THE ANGULAR AND
DISTANCE RELATIONSHIPS BETWEEN THE CONTROLLING MONUMENTATION
AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED
THOSE SPECIFIED IN WAC 332-130- 090.
5. ALL DISTANCES ARE GROUND DISTANCES IN U.S. SURVEY FEET
6. SEE SHEET 3 OF 3 FOR ALL TITLE INFORMATION
L/8'Oo5a'
PTN OF THE NW1/4 OF THE NW1/4 OF SEC. 36,
THE NE1/4 OF THE NE1/4 OF SEC. 35,
THE SW1/4 OF THE SW1/4 OF SEC. 25,
THE SE1/4 OF THE SE1/4 OF SEC. 26,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.
CITY OF TUKWILA, KING COUNTY, WASHINGTON
:\07000s\7880\survey\plots\788081A01.dwg Date/Time:12/28/2018 10:29 AM Scale:1" = 1'
SHEET
2
OF
3
•
City of Tukwila
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone (206) 431-3670 FAX (206) 431-3665
E-mail: planning@tukwilaWA.gov
BOUNDARY LINE ADJUSTMENT NO.
TITLE NOTES
(PER FIRST AMERICAN TITLE INSURANCE COMPANY TITLE COMMITMENT, ORDER NO. NCS-615619-WA1,
1-2. THESE ITEMS HAVE BEEN INTENTIONALLY DELETED
3. EASEMENT. INCLUDING TERMS AND PROVISIONS CONTAINED CONTAINED THEREIN:
RECORDING INFORMATION: DECEMBER 12, 1968 UNDER RECORDING N0. 6446750
FOR: INGRESS, EGRESS AND UTILITIES
AFFECTS: (PARCEL A) AS DESCRIBED THEREIN
(SHOWN)
4-5. THESE ITEMS HAVE BEEN INTENTIONALLY DELETED
6. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED CONTAINED THEREIN:
RECORDING INFORMATION: MAY 10, 1971 UNDER RECORDING N0. 7105100417
IN FAVOR OF: CITY OF TUKWILA
FOR: UTILITY MAINS
AFFECTS: AS DESCRIBED THEREIN
(SHOWN, ACCESS THROUGH APN 352304-9089 TO ANDOVER PARK EAST)
7. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED CONTAINED THEREIN:
RECORDING INFORMATION: FEBRUARY 9, 2005 UNDER RECORDING NO. 20050209001088
IN FAVOR OF: QWEST CORPORATION, A COLORADO CORPORATION
FOR: TELECOMMUNICATIONS FACILITIES. ELECTRICAL FACILITIES AND
APPURTENANCES
AFFECTS: AS DESCRIBED THEREIN
(10' STRIP SHOWN)
8. NOT APPLICABLE TO BE SHOWN ON SURVEY.
9. THIS ITEM WAS INTENTIONALLY DELETED
10. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: SEPTEMBER 8, 1970 UNDER RECORDING N0. 6690772
IN FAVOR OF: WILLIAM E. BOEING, JR.
FOR: INGRESS AND EGRESS
AFFECTS: (PARCEL E) AS DESCRIBED THEREIN
11. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: SEPTEMBER 10, 1970 UNDER RECORDING N0. 6691762
IN FAVOR OF: WILLIAM E. BOEING, JR.
FOR: INGRESS AND EGRESS
AFFECTS: (PARCEL D) AS DESCRIBED THEREIN
(SHOWN, ACCESS THROUGH APN 352304-9089 TO ANDOVER PARK EAST)
12. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: APRIL 23, 1971 UNDER RECORDING NO. 7104230129
IN FAVOR OF:
FOR:
AFFECTS:
WILLIAM E. BOEING, JR.
INGRESS AND EGRESS
(PARCEL D) AS DESCRIBED THEREIN
(SHOWN, ACCESS THROUGH APN 352304-9089 TO ANDOVER PARK EAST)
13. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: AUGUST 10, 1995 UNDER RECORDING NO. 9508100740
IN FAVOR OF: JANENE M. SIERS
FOR: ACCESSING THE PROPERTY FOR EMPLOYEE PARKING
AFFECTS: (PARCEL D) AS DESCRIBED THEREIN
(SHOWN, ACCESS THROUGH APN 352304-9089 TO ANDOVER PARK EAST)
14. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: FEBRUARY 9, 2005 UNDER RECORDING NO. 20050209001089
IN FAVOR OF: QWEST CORPORATION. A COLORADO CORPORATION
FOR: TELECOMMUNICATIONS FACIUTIES, ELECTRICAL FACILITIES AND
APPURTENANCE
AFFECTS: (PARCEL D) AS DESCRIBED THEREIN
(SHOWN, ACCESS THROUGH APN 352304-9089 TO ANDOVER PARK EAST)
15. NOT APPLICABLE TO BE SHOWN ON SURVEY.
16. THIS ITEM HAS BEEN INTENTIONALLY DELETED.
17. EASEMENT. INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: JULY 27, 1993 UNDER RECORDING NO. 9307270762
IN FAVOR 0F: PUGET SOUND POWER AND LIGHT COMPANY. A WASHINGTON
CORPORATION
FOR: UNDERGROUND ELECTRIC SYSTEM
AFFECTS: AS DESCRIBED THEREIN.
(10' WIDE AS -CONSTRUCTED OVER APN 362304-9107 & 9074 TO SOUTH)
DATED AUGUST 17, 2017) 18. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: SEPTEMBER 22, 1993 UNDER RECORDING NO. 9309220430
IN FAVOR OF: WASHINGTON NATURAL GAS COMPANY, A WASHINGTON CORPORATION
FOR: GAS PIPELINE OR PIPELINES
AFFECTS: AS DESCRIBED THEREIN.
(10' WIDE AS -CONSTRUCTED OVER APN 362304-9107 & 9074 TO SOUTH)
19. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: DECEMBER 26, 1995 UNDER RECORDING NO. 9512260577
FOR: UTILITY LINES AND FACILITIES
AFFECTS: AS DESCRIBED THEREIN
(AFFECTS STTE AND ADJACENT PARCELS TO SOUTH. NOT PLOTTABLE. RECIPROCAL, BLANKET IN NATURE
FOR URLTTY UNES, INGRESS, EGRESS & SIDEWALKS)
20. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS, IF ANY, AS CONTAINED AND/OR DELINEATED ON
THE FACE OF THE SHORT PLAT NO. L-94-0055 RECORDED DECEMBER 26, 1995 UNDER RECORDING NO. 9512269001, IN KING
COUNTY, WASHINGTON.
21. COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS:
RECORDED: JUNE 12, 1996
RECORDING NO.: 9606122127
DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED SEPTEMBER 27, 1996 AND DECEMBER 31, 1997 AS RECORDING NOS.
9609270519 AND 9712312418 OF OFFICIAL RECORDS.
(FOR DRIVE AISLE AND URLMES OVER WEST & EAST OF APN 362304-9107)
22. THE TERMS, PROVISIONS AND EASEMENT(S) CONTAINED IN THE DOCUMENT ENTITLED "FIRE PROTECTION WATER SUPPLY
EASEMENT AGREEMENT" RECORDED MARCH 17, 1997 AS RECORDING NO. 9703170707 OF OFFICIAL RECORDS.
23. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: DECEMBER 12, 1968 UNDER RECORDING N0. 6446751
IN FAVOR OF: CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, THE
OREGON-WASHINGTON RAILROAD NAVIGATION COMPANY AND ITS
LESSEE, UNION PACIFIC RAILROAD COMPANY
FOR: THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A RAILROAD RIGHT
OF WAY AND RAILROAD TRACKS
AFFECTS: AS DESCRIBED THEREIN
(FOR RAILROAD EASEMENT ALONG THE WEST AS NOTED)
24. EASEMENT. INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
- RECORDING INFORMATION: JULY 12, 1974 UNDER RECORDING N0. 7407120562
IN FAVOR OF: CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, A
WISCONSIN CORPORATION. THE OREGON-WASHINGTON RAILROAD AND
NAVIGATION COMPANY. AN OREGON CORPORATION AND ITS LESSEE,
UNION PACIFIC RAILROAD COMPANY, A UTAH CORPORATION
FOR: THE RIGHT TO INSTALL, MAINTAIN AND OPERATE STANDARD GAUGE
RAILROAD TRACKS
AFFECTS: AS DESCRIBED THEREIN
(FOR RAILROAD EASEMENT ALONG THE WEST AS NOTED)
25. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED EASEMENT AGREEMENT, EXECUTED BY AND BETWEEN HOME
DEPOT U.S.A., INC., A DELAWARE CORPORATION AND COSTCO WHOLESALE CORPORATION, A WASHINGTON CORPORATION, RECORDED
AUGUST 13, 1996 AS INSTRUMENT NO. 9608130150 OF OFFICIAL RECORDS.
(FOR COSTCO DRIVE CONNECTING TO ANDOVER PARK EAST)
26. NOT APPLICABLE TO BE SHOWN ON SURVEY.
27. COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS:
RECORDED: FEBRUARY 28, 1961
RECORDING NO.: 5256443
DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED SEPTEMBER 22, 1961, NOVEMBER 1, 1962, FEBRUARY 10, 1967,
FEBRUARY 24. 1967, MAY 22, 1967, JUNE 12, 1967 AND JUNE 6, 1994 AS RECORDING NOS. 5332848, 5500900. 6138154.
6138155, 6138173, 6143022. 6180358, 6188232 AND 9406061388 OF OFFICIAL RECORDS.
SAID RECORDING NO. 9406061388 RECORDED JUNE 6, 1994 IS A RE-RECORD OF RECORDING NO. 8703200329, RECORDED MARCH
20, 1987.
28-37. NOT APPLICABLE TO BE SHOWN ON SURVEY.
18215 72ND AVENUE SOUTH
KENT, WA 98032
(425)251-6222
(425)251-8782 FAX
CML ENGINEERING. LAND PUNNING.
SURVEYING. ENVIRONMENTAL SERVICES
DRAWN BY
KJR
DATE
12/28/18
SCALE:
N/A
CHECKED BY:
OBH
JOB ND.:
7880
VOL. PG.
UrY-041545
4
PTN OF THE NW1/4 OF THE NW1/4 OF SEC. 36,
THE NE1/4 OF THE NE1/4 OF SEC. 35,
THE SW1/4 OF THE SW1/4 OF SEC. 25,
THE SE1/4 OF THE SE1/4 OF SEC. 26,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.
CITY OF TUKWILA, `KING COUNTY, WASHINGTON
i
:\07000s\7880\survey\plots \7880BtA01.dwg Dote/Time:12/28/2018 10:29 AM Scale:1" = 1' OHILLE Xr
SHEET
3
OF
3J
City of Tukwila
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone (206) 431-3670 FAX (206) 431-3665
E-mail: planning@tukwilaWA.gov
BOUNDARY LINE ADJUSTMENT NO.
SOUTH LINE SEC. 26. T23N., RO4E., W.M.
NORTH LINE SEC. 35, 723N., RO4E7 W.M.
APN 352304-9089 -,
(PARCELS D & E ARE NOT
A PART OF BLA)
INGRESS/EGRESS EASEMENTS
OVER APN 352304-9089
REC. N0. 6590772
REC. NO. 6691762
REC. NO. 7104230129
REC. N0. 9508100740
REC. NO. 9608130150
10' WIDE OWEST EASEMENT
REC. 140. 20050209001089
30'
3WI
30'
30'
30'
6=6.11.10•
R=300.00.
L=32.39'
REC. N0. 6446750/ PARCEL C
REC. NO. 7105100417-EA8B.B4T
\NC'
PMER`61
N PZ62D 1uG
PP i0NE
90NPL2j0 JGO S
RI i0NE0
,AOHN
\'INN 0g1
)ENS PNi6.110 10°
PP NiONEO
PC6G9069
W\V.\A262
PP Ni0NE9
N.W. CORNER LOT D. TUK SP L-94-0055
(P.0.8. OF NEW LOTS 1 & 2)
UTILITY EASEMENT
REC. NO.
7105100417 27.0'
GRp1 GPS L�A 901 ,
s2.60
Pp.N
- 32.
L._
J
1�'G1�5
V CAS 35°)
G7P p.N•
WEST PROPERTY LINE IS THE CENTERLINE OF
EASEMENTS 6375443 & 6375444
AND
54' WIDE R.R. EASEMENT PER
7407110552 & 6446751
ALL SHOWN PER SHORT PLAT L-94-0055
iTD
Easement Exhibit
01 \
2.1s0YJ\\p'
P• P 60
REC. 140. 6446750/REC. 140. 7105100417
PARCEL C-30 WIDE R40i1E8S/EOREss EASBAB4T
54' RAILROAD EASEMENT
REC. N0. 6446750
REC. NO. 6446751
REC. N0. 7407120562
L__J 26
743'16'E 166.45' 35`
S1'19'53"W 82.38'�
167.23'- I
OWEST, EASEMENT
REC. N0.
20050209001088
27.0' 10.0'-
4
�36
LOT 1
. A.P.N 252304-9063
E)OBTPXI STRUCTURE
(TO RBAAP)
COMMON CORNER TO SECTIONS 25. 26. 35 & 36
(RECORD LOCATION. MONUMENT NOT FOUND)
INGRESS/EGRESS EASEMENT
REC. N0. 9608130150-
(EXTENDS TO ANDOVER PARK EAST)
r-1
SAXON DRIVE I
S88'11'39.E 1074.19.
65.2'
55.0'
N88'07'291W 384.60' I
60.6'
LOT 2 y,
glgr
r sos'-
J
&=18'18'19'
R=115.00'
L=36.74.
S8E'47'491 334.20'
P m r
ocm.zv
-c
mal
oa
N
10 IDE WTERLINE
EMENT
REC. N0. 9703170707
EXISTING LOT AREAS
LOT 1: 606,614± SO. FT. (13.92± AC.)
LOT 2: 186,228± SO. FT. (4.28± AC.)
NEW LOT AREAS
LOT 1: 685,090± SO. FT. (15.73± AC.)
LOT 2: 107.752± S0. FT. (2.47± AC.)
14
� z
N�
Nz
46.0'
N88'07'29'W 308.85'
OLD LOT UNE TO BE REM
D 55
L� �9A�00\0'I
tuK y4 62�0A�9
Pp N
A=2737'02.
R=115.00'
1-45.40'
A=40'29'14'
R-30.00'-
L=21.20. t\p1J'3 2 6 (g01A
PP N' 1,OT ZUKW1 p�0055
c1.0 OFN°. \.�6gO°1
5No11:1 Y NO' 95\22
EG•
3 +�
v; W
o�IY
1,4
w w
S88'21.231 302.95'
VED
C)
10' WIDE WATERLINE
EASEMENT
REC. N0. 9703170707
40.0'
OF A--
C31`f 2yy30
Pp.N
40.0'
SOUTH LINE SEC. 25, T23N., RO4E., W.M.
NORTH LINE SEC. 36, T23N., RO4E., W.M.
N741'57.E 51.00'
40.0' I
Z
INa=
\ o
L5
18215 72ND AVENUE SOUTH
KENT, WA 98032
(425)251-6222
(425)251-8782 FAX
CML ENGINEERING, LAND PUNNING,
SURVEYING, ENVIRONMENTAL SERVICES
DRAWN BY
KJR
DATE
12/27/17
SCALE:
1' = 100'
CHECKED BY:
08H
JOB NO.:
7880
50
100
VOL. PG.
SCALE: 1 0100'
SURVEYOR'S NOTES
200
HORIZONTAL DATUM - BASIS OF BEARING:
THE BEARING OF THE LINE BETWEEN THE WSDOT POINT ID NUMBERS
136 AND 1384 TAKEN AS SOUTH 44'36'58- EAST, BASED UPON NORTH
AMERICAN DATUM OF 1983(91)
1. ALL TITLE, INFORMATION USED FOR THE PURPOSE OF THIS
SURVEY WAS PROVIDED BY FIRST AMERICAN TITLE INSURANCE COMPANY
BY TITLE ORDER I NUMBER NCS-615619-WA1, DATED AUGUST 17, 2017.
2. MONUMENTS AND SURVEY CONTROL USED TO DEFINE BOUNDARY
WAS VISITED IN MARCH OF 2006.
4. THIS IS A' FIELD TRAVERSE SURVEY. A SOKKIA FIVE -SECOND
ELECTRONIC TOTAL STATION, TRIMBLE 5600 ROBOTIC TOTAL STATION
AND A SPECTRA FOCUS 35 WAS USED TO MEASURE THE ANGULAR AND
DISTANCE RELATIONSHIPS BETWEEN THE CONTROLLING MONUMENTATION
AS .SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED
THOSE SPECIFIED IN WAC 332-130- 090.
5. ALL DISTANCES ARE GROUND DISTANCES IN U.S. SURVEY FEET
6. SEE SHEET 3 OF 3 FOR ALL TITLE INFORMATION
X
J
0
:1/15/2018 3:03 PM Scale:1" = 1'
O
CT
7
m
0
CO
Ti
0
io
N
0
4e: oase
a
PTN OF THE NW1/4 OF THE NW1/4 OF SEC. 36,
THE NE1/4 OF, THE NE1/4 OF SEC. 35,
THE SW1/4 OF THE SW1/4 OF SEC. 25,
THE SE1/4 OF THE SE1/4 OF SEC. 26,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.
CITY OF TUKWILA: KING COUNTY, WASHINGTON
SHEET
2
OF
3f
0
III CO
aG
vm C
C� Eo
c �' o
199606122127
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN T0:
Jane Ram Nana
LANE POWELL SPEARS UJBE SKI
1420 Fifth Avenue, Sake 4100
Seattle, Waiietton 98101-2338
COVENAKIS, CONDr[1ONS AND RFSIRICI1ONS
DATED: /. , 1996
by
Hone Depot U.S.A., Inc., a Delaware corporation
PLED FOR RECORD AT THE REQUEST OF
•:! 'rnN 1'TLF INSURANCE CD
• v tmotirn No.
MINE aaPan,t:saUerua
Property Addreer:
6810 S. 180th Street
Rtcwila. PIA 98188
i
RECEIVED
DEC 28 2018
Community
Development
• •
9606122127
•
•
TABLE OF CONTENTS
121,1E
1. RECITALS1
2. IMPROVEMENTS 10 OMPARCELS; SIGNAGE
3. EASEMENTS 7
4. RESTRICTIONS ON USE AND OPERATION 10
5. COMMON AREA MAINTENANCE 17
• 11BAUVA Legal Description of Home Depot Parcel
El*MAI Legal Description of Parcel B
EgoitKAI Legal Description of Parml C
• lait-•4 Legal Description of Parcel D
Site Plan
EAML.c Legal Description of Home Depot Easements
BOW SIM TIMAICCilli
IJIZAJ town. MIIMIPOU•141 AGM
MAL
di•
• •
C
• •
a11.111•11•111e
9606122127
COVENANTS, CONDITIONS AND RESTRICTIONS
THESE COVENANTS. CONDITIONS AND RESTRICTIONS ("Declaration') are made
as of the/11 day of :5(11r 1996. ty Home Depot U.S.A . Inc. ('Name Depot').
ARTICLE 1. RECITALS
1.1 Hone Depot is the Owner of Parcels A, B, C and D ('Parcels'). The Parcels
are located at 6810 S. 180th Street, Tukwila, King County, Washington and are more
particularly described on Eaheltit 41, FAN! Art, F.xbib * A-3 and lit A-4 re ive)y
attached hereto and incorporated herein (*Development"). Parcels B, C and D are sometimes
referred to herein as the 'Outpaced' or 'Oatpareels'. and Parcel A is sometimes referred to
herein as the 'Major Pattd'.
1_2 Home Depot desires to provide for the construction. development. operation and
maintenance of the Omparcels consistent with the Major Parcel as hereinafter provided. The
owner of an Ou*parcel is hereinafter referred to as 'Outppat-eel Owner': Home Depot is the
Otsparcel Owner as of the date hereof. but upon conveyance of fee title to an entity other than
Home Depot, said entity shall become the Compared Owner with respect to such Outpace' atd
Home Depot shall be released from any obligations as Outpareel Owner with respect to such
Outparcel. Notwithstanding Home Dnot's common owmership of each Outparcel and the Major
Parcel. such common ownership shall not use a merger of any of the easements. rights and
benefits, granted hereunder to any Parcel over another Parcel. nor cause a merger of any of the
obligations cr burdens placed hereunder upon a Parcel for the benr;it of another Parcel.
1.3 "Cannon Area' shall be the portion of the Major Parcel and Parcels B, C and
D intended for the noearctosive use by the Outparcel Owners and Home Depot and their tenants.
subtenants. employees, wottssiambes. licensees. customers, and buskins invitees, in common
with other users as permitted by this Agreement. Common Areas shall include, but be limited
to. parting area. access roads. driveways. walkways. sidcwalls and landscaping. The Common
Area shall iachtde all isms of ca®on area shown on dr Site Plan. Common Area ',^11 not
include any building area and truck and/or ioading docks or the concrete aproo err ramp leading
to such areas. but will Oxhide any asphalt paved areas immediately adjacent to and adjoining
such commie apron or ramp area.
ARTICLE 2. IMPROVEMENTS TO OUITi►R Z S; SIGNAGE
2.1 Railings and hntpwseata. Prior to construction. reconstruction. replacement
or modification of any building or other impw emeres within Outpaeoels B and C. Outpareel
Owner shall deliver to Horne Depot or Home: Depot's designated representative four (4)
aeons poor wawaaocaa
L A: aaltear IW :.r.4
r
•
Ae.e..vw
•
•
complete sets of its schematic site plan and plans showing. among other things. the location of
all intended facilities and improvements to the Outparcel, including patting areas, automobile
ids and egress. nub arts and traffic flow, signalization and signage to and within the
Owparcel, scbeaatic architectural and engineering plans, landscaping drawings, grading and
drainage plans, floor plans and plan` and specifications for signs, which plans, drawings and
specifications shall show, among other things, exterior an.hitectural design and decor, elevations.
and other Ines pertinent data and outline specifratioes for all such facilities and improvements
to the Outpace', all of which ate Iweimfler called -Plans and Spedficatione. The foregoing
shall apply to Parcel D only as follows: the Outparoef Owner of Parcel D shall deliver Plans
and Specifications for its site work only, such as civil engineering plans but not building plans.
All Outpaced buildings oo Parcels B and C shall be located within the -Building Area'
designated therefor on the Site Plan attached hereto as Eghnit B and incorporated herein. No
Outparcel building shall exceed one (1) story and twenty (20) feet in height so tong as Home
Depot operates a store ice Parcel A. provided, however, the Owner of Parcel D may construct
a multiple story building so bog as it is no higher than 30 feet. The height of any building shall
be treasured pap ndicular from the finished floor elevation to the top of the rod smrcwre.
including any screening, parapet. penthouse, mechanical equipment or similar appurtenance
located on the roof of such bui ding. All utility facilities serving such Outparcel building shall
be underground.
2.2 Plan Approval.
lei A. Wruhia thirty (30) days after the submission of t1r Plana and Specifications.
c^v� Home Depot shall notify Outparcel Owner whether the same are approved or disappnwed.
Home Depot's approval shall tot be unreasonably withheld. Any disapproval shall set firth the
:D specific reasons for such disapproval. Thereafter. Otnsparcel Owner shall revise its Places and
O Specifications to incorporate such ct.nges as may be requested to secure Home Depot's approval
7 and shall deliver two (2) nomplaed copies of the revised Plant and Specifications to Home
Depot. If Home Depot fails to notify Outpace! Owner of its approval or disapproval within
thirty (30) days of the receipt of such Plana and Spccifirtioas. Home Depot shall be Seemed
to have approved such Plans and Specifications. To the extra any subsequent material changes.
in its reasonable discretion. are nude by Ougraivel Owner to arty approved Plans and
Specifications. such charges shall be subjeu to the provisions of this Section 2.2 and Outparcel
Owner shall secure the approval of Hams Depot in the name provided.
D. Home Depot any bass as approval or disapproval of Plans and
Specifications on criteria which may include, tut shall 0r• K. limited to. the following: the
adequacy of the Otnparcel building location and damns; ' - he Outparoci: the adequacy of
the parking to be provided: ca fhrmity and harmony of ..xeernl design with illIprOVCMCIX5 o0
the other Petals; the effective location and use Of proposed improvements co die other Parcels
and the types of opaaioas and uses thereof: relation of topography. grade and finish ground
floor elevation of the Outprcd beitog iaptmed to that of the other Parcels: proper facing of
main elevation with respect to nearby meets: adequacy of smelting d trash facilities and
mechanical an cooditioonig, sadly dish, or other rooftop installations: and adequacy of
note onornxnawcrr
2
t i Esi [ COI A1I4110610 0.ISM JOY qMt.
•
•
Home
i>rtudirg, wi our ! Depot shall not be liable in damages or � for any reason,
u oru in .cwirhhoit l with the � mistake in judgment. negIgeace or nookasance, arising out
approval or disapproval or failure to approve or disapprove any
application submitted pursuant to this Declaration. Every Outpanxl Owner or its
agents submits plaits. drawings and/or mecifications to Home Depot for approval agrees by submission
of such plans. drawings and/or specifications, and
title thereto or interest therein, that it Y l Darla tees by acepct
reamer bring say atxioo or sou againsnst Home Depo: w
defend, any
ni and bid bar: 'linen
tJ� its � �s to indemnify.
employees and Depot and ns officers. directors. shareholders.
� (ircial i s against any and all claims, costs, loss. liability, damage or
approval or a rneys' tea and court costs) arising ow of or related to the
by r onnJ behalfdisapproval
of �l . drawings wner and/or specifications submitted to Home Depot
approval of the plans, draw' and/or o�Wsrr• Na engineering
shag bee considered an
dCYimiBatipa that the � specifications from an eagmeenrg perspective or a
eaviroamrmal or plats, drawings and/or specifications an suitable to men
have been
built in enrol re designering standards. or that any buildings or impra�..t�
Pam. drawings and/or specifications.
P y is Signs.
Prmadvely of idea the otherwise permittedpermittedto Home Depot by governmental
approvaffected thereby. Parcels B and C may hate, subjem ro govatarand
approvalal such signs
list be an is Parcels B and C as Home Depot shall apprae in writing, which
uooabty withheld. Such signs shall a
ogle designation for
sub
anof such Outpace'. Any c to the initial design of any sign structure shall be
prior written approval of Home Depot. The size and
design of all sign fascia
il displayed on such sips shall be subject to tbe prior wriums
CD
approval shall ro be ra ooaWy wirhhdd. 1 dal of Home Depot which
�repairing and replacing h sign structure andshall paid l
2.4 Staring Signs. There shall be no other signs, banners, or similar advertising
media allowed on Parcels B and C. Crept directional sips. handicap parking. signs on
be and
teor'+ry promotional signs. All or boating s on Parcels B and C dull .
conform to the H Depot Sim the
businesses Cor services located or provided therein. and shall
to time; and shall be approved br Home quirements
( D 0°)• as revised from time
2.5 General Cotttstrcepou .
A. All
Amnion a expansion of
pa�rnted in the construction. =an ounce 1ePaa tePlacement,
Ompaion shall be etfeof any builder. or common area improvements loaned on the
unseasonably interfere, obstruct emeditiously as possible and m such a manner as not to
thereof, b or from `may (i) access to or bons the Major Parcel. or any part
Major Pared: b n me use. le right-of-nay.
(u) construction ,it being performed on the
rslol'mea or occupancy of the Major Par! by Home Depot.
NOME orrvniucsavCCIX
ug,V XOGru'ppAMIXN,OIll
3
• •
YAcalA.
•
•
or Home Depot's occupants or their tenants, subtenants, agents. contractors or employees
('Ocestpanta').
B. All work performed in the construction. maintenance, repair, replacement,
alteration or expansion of any building. sign or common asa impnrvemerus located in an
Outpucel shall be in compliance with all applicable laws, rules, regulations. orders and
ordinances of the city, county. state and federal govern:nem. or any department or agency
thereof; and no such work shall cause any building located on the Home Depot Parcel to be in
violation of any such laws, rules. regulations, ordcts or ordinances.
C. Staging for the construction, maintenance. repair. replacement. alteration
or expansion of any building. sign or common area improsements located in the Outparcel
including. without limitation, the location of any temporary buildings or construction sheds. the
storage of building materials, and the parking of construction vehicles and equipment shall be
limited to that Outparcel. At the request of Home Depot, Outparcel Owner shall fence off such
staging and storage areas. Unless otherwise specifically stated herein. Outparcel Owner shall,
at its sole cost and expense. ptompdy repair and restore or muse to be promptly repaired and
restored to its prior condition all buildings. signs and common area improvements damaged or
destroyed in the puformaoce of such work.
D. All wort performed in the comtrtrtxuo. maintenance. repair, replacement.
$ • alteration or expansion of any buiktirtg. sign or common ales improvements located in an
aA Ouipartxl shall be done in a good and workmanlike manner and in accordance with ;pod
engineering standards. Web respect to Parcels 13 and C. common area wank shall meet hrac,d
the minimum general design sandards for the common are imprvveme s located on the Major
• Parcel. inchtdiv. without limitation. with regard to the minimum maintained Ileum, ,.tteasi'y
T at grade ar all poians in the common areas. the slope of the sparking areas. and rue surface
materials used for the parking areas.
E. If any mechanic's. materialmen's, architect's, or other design or
construction tails snail be fled against the Major Parcel or any Ouuparoel for any sat done
or materials furnished in connection with the perbormaooe of the wort described m subparagraph
A above. Outparcel Owner shall cause the lien to be satisfied and released of record. Ootparcel
Owner shall, within thirty (30) days after filling thereof, either (i) cause any such outstanding lies
or claim of lies to be released of word or transferred to bond m accordance with applicable
Izw. or (ii) give such assurarces as would enable a title insurance company to inane over said
owsnodog lien or claim of lien. failing both of which Home Depot shall base the right. at
Outpar el Owner's expense. to transfer said lien to bond. O':marael Owirr shall indemnify.
protect, defend and hold harmless Home Depot and es offices, directors. shantholdes.
employees and agents from any and all liability. claims. damages, ta:pc* es (including reasonable
atrorsry's lee: and reasxwble auorneyr's foes oo any appeal). liens. dame of lien. judgmeacs.
proceedings and causes of action. arising out if or in any way connected with the performance
of such wok, unless caused by the negligent or willful act or omission d the indemnified
person. is tenants, subtenants. agents. contractors or employees.
NONE RJORTUXM AYitl
LArcAe [ 'C0IIMA,MO mOu two Apt
4
FiNAL
• •
•01111.011a
•
•
E Home Depot hereby grants and conveys to Outparcel Owner and to its
respective contractors, materialmen and laborers a temporary license for access and passage over
and across the common area of Home Depot's Parcel as shali be reasonably necessary for the
Outparcel Owner to construct and/or maintain improvements upon Outparcel Owner's Parcel;
provided. however. that such license shall be in effect only during periods when actual
construction and/or maintenance is being performed and provided further that the use of such
license shall not unreasonably interfere with the use and operatioa of the commoo area On the
Major Parcel by odien. Prior to exercising the rights granted herein. Outparcel Owner shall
first provide Home Depot with a written statement describing the need for such homse, and shall
furnish a certificate of insurance shoaling that its contractor has obtained the minimum insurance
coverage required by this Decl; ration or. if the Outparcel Owner is performing the work itself,
a statement ro that dia.:. Outpace! Owner shall promptly pry all costs and expenses associated
with such work, shall diligeody complete st=h work as quickly as possible, and shall promptly
el= the area and restore the affected ponion of the common area on the Major Parcel to a
condition which is equal to or better than the condition which existed prior to the commencement
of such node.
G. Outparcel Owner hereby agrees to indemnify, protect, defend and hold
harmless Home Depot and its Occupants and their &linen. directors. shareholders, employees
and agene from and against any and all liability, rl'ines, damages. costs. omen= (including
reasonable aturney's fees and reasonable attorney's fees on any appeal). judgments, proceedings
and causes of action. for injury to or death of any person or entity or damage to or destruction
.4 of any property (i) occurring in the Major Parcel or an Outparcel and arising our of or resulting
II, from any coostruction activities performed by or at the request of Outparcel Owner or its
114 occupants. or (ii) occurring within the buildings 'ceased on an Outparcel. unless in either event
cp caused by the negligent or willful act or omission of Home Depot or Horne Depot's employees
SI or anyone claiming by or through any of tem. Rom Depot hereby agrees to indemnify.
.F1 proem, deknd and hold harmless Outpace, Owners and its Ckcupants and their officers.
directors. shardiokrs, employees and agents from and against any and all liability. cbims,
damages. costs, expenses (including reasonable anorney's fees and reasonable attoroey's fees
on any appea:). judgments. proceedings and causes of aCtiOn, for injury or death of any person
or entity or damage to or destruction of any property (i) occurring on the Major Panel or an
Ovarian:et and arising out of or resulting from any construction axivities performed by or at the
request of Home Depot or its 0o:imams, or (ii) occurring wnhin the buildings located on the
Major Parcel. unless in ender event . vused by the negligent or willful as or omission of the
Outpace! Owner or its employees or anyone claiming by or troop any of them.
H. During all periods of constmcnoo, Outpace! Owner agrees to procure and
maintain. :if to cause to be proctoul and maintained (mil such construction has been competed,
comprehensive general liability insurance with broad form coirmage endorsement and an owned
or nonowned vehicles nadonaneu with combined single limits of not less than $2.01:10,000 per
occurrence. Sucb insurance mast include broad form general liability endorsement and trend
form property damage coverage includiag. but not limiied ro. damage ari usg from explosion.
collapse of structures or other property and damage to underground utilities and property with
any X.C.U. exclusion =med. The inauranx mitst Wehrle contractor's protective liability
NOME ROOT inramocaa
LOSEAI a JP.HOicepaialin AGIO
5
FMK
• •
-TRIveja.
L
•
•
A16
insurance. produa and complesed operations coverage and contractual liability insurance. The
comprehensive general liability policy shall be endorsed to include personal injury, iibel,
slander, wrongful eviction, and false arrest. All policies of inswance provided hereunder shall
be written on an "occurrence basis, if vailable, and, if not, on a "daims made basis. The
above policy of insurance shall name Home Depot as an additional insured. Outparcel Owner
shall furnish Home Depot certificates (and. if requested by Home Depot, with a copy of the
insurance policy as well) showing such coverage and sl,raing that coverage will not be canceled,
materially changed Of nonrenewed without thirty ;30) days prior written notice to Horne Depot.
If coverage is obtained by naming Home Depot as additional insured. the policy must contain
a cross liability clause and a breach of warranty clause and the certificate must so indicate. If
the required coverage is obtained through a combination of commehensive general liability and
umbrella coterage, die certificue for umbrella coverage must also show that Home Depot will
be given thirty (30) days prior written notice of cancellation, material change or nonrenewal.
I. After C00110t54MCIII of Ilse work with respect to any Outparcel buildings
or impriaememsarai apptoval ty Home Depot in accordance with the terms hereof if such
approval is required, such work shall be diligently promuied so that the Outparcel building or
impronemencs shall sot remain in a pardy finished condition any k-ager than reasonably
necessary for the completioo thereof. During any consmiction, die construction site and
suncitmding areas shall be kept reasonably clean and free of commie:ion materials, trash and
debris and appropriate precautions shall be taken to protect against personal injury and property
damage to Home Depot. other Outpace' Owners and their occupants and invitees. With rcgard
to excavation, and without limiting any other provision of this Declaration. 110 CICaleati00 shall
h be made on. and no sand. gravel. soil or other material shall be removed froni, the Om:parcel,
except in connection with the cowtnzzion or alteration of Outparcel buildings or improvernerrs
approved in the manner set forth in this Declaration, if apprtiral is required. aad upon
CO conviction of any stsch operations. exposed openings shall be hackfilled and disturbed ground
s. shall be graded. leveled and paved or L-ndsaairvi in accordance with the approved Plans and
Specifications.
J. All portions of an Outparcel which cannot be used for buildings due to
parking ratio and Building Ann requirements shall be developed as parking ans. All portions
of an Ouiparcel which can be used for buildings in compliance with parking and Building Ara
requirements shall be either developed as parking or landscaped um or covened with a one -inch
asphalt dust cap and kept weed free and clean by Otimarcel Owner.
2.6 Building Maintenance. From and after the date construcfion of a building
cn an Outparcel is completed. the exterior of such build*. Landscaping and parking areas shall
be maimained by Outparcel Owner in first class ceder. condition and mpart.
2. ' Damage and Destruction. [fan Outparcel Owner's building or kw:mow:mem
is 6=41%1 or destroyed, such aparcel Owner may. but shall tax be obligated to, restore is
buildieg or improvements within the Building Areas shown oo the Site Plan for suth Outparcei.
If an Ontparcel Owner ekes to so restore its building or kaprewernenta. such buildiog or
inimical= shall be rewired to a condition at kart as good as that of the building or
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impmvanents which existed immediately prior to such damage or destruction and all sat
restoration and reconstruction shall be performed in accordance with the following requintrnents
as the same are applicable dienao:
A. All debris shall be razed and cleared from the Wilding Area and
surrotuding common area within sixty (60) days of the damage or destruction.
B. No work shall be commenced unless the Outpacel owner desiring to
perform We same has in each instance complied with the apvipriate provisions of this
Declaration with respect to approval of Plans and Specification,.
C. Ail work shall be performed in accordance with the requirements of this
Declaration.
If an Outparce: Omer ele not to restore iu buildings and improvements following
damage Of destruction. such Outpace! Owner's obligations with respect to die common etas
oo said Outpace, shall continue. and such aparcel Owner shall. at its sole con, raze its
damaged building and impiosemena. and clear the Building Arta and surrounding common
as of all debris within sixty (60) days of the damage or destruaion. The Outparcel Owner
shall thereafter comply with the provisions of Section 2.5.1 abost.
2.8 hired D. It is agreed that except for the height limitation and site imp
eNe approval set forth in Section 2.1 (and the requirement cf Sections 2.2. 2.5. 2.6 and 2.7 as they
• relate to such site improtements), the Outparcel Owner of Parcel D may construct its
improvements as it deans desirable subject to compliance with goternmental requirements.
ARTICLE 3. EASEMENTS
3.1 Laity Lines mad FacBities
A. 'Wily Linesshall mean those facilities and systems for the transmission
of utility services. including an not liaised to water drainage systems or structwes, voter
mains, sewers. water sprinkler system lines. tekphones, electrical conduits or systems. gas
mainsi. other public or pirate utilities and drainage and storage of surface water.
B. Each party, as grantor. hereby grants to the other party. as grantee. for
the benefit cf the Major Parcel anti eac:. Outparcel. as vplicabk. a nonaclusive raid perpenial
easement under. through and across the common ama of the Major Parcel or an Otaparcel. as
applicable (exclusive of any portion located within an Outparcel Budding Area). for the
installatioo• operation. maintenance. repair and replacement of Utility LiOCS. The initial location
of any Utility Lines shall be subject to the pier written approval of the granter. which approval
shall not be taraisombly withheld; ptovided. lantever. that it shall in all events be trasonabie
for the grantor to deny its approval if the proposed location is within an Outparcel Building
A.
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C. The easement area shall be no wick than necessary to masooably satisfy
the requirements of a private or public utility, or five (5) feet oo each side of the centerline if
the easands is graced to a party. All such Utility Limes shall be installed and maintained below
the ground level or surface of such asemems except for (i) ground mourned electrical
transformers and such ether facilities as are required to be above ground by the utility providing
such service. and (ii) temporary utility service required during the construction, maintenance.
repair, replacement, alterattoo or expansion of any buildings or impovanet s located in the
Major Parcel or Outparoel, as applicable. The installation, operation. maintenance. repair and
replacement of such Utility Lines shall not unreasonably interfere with the use of the improved
commons area on the Major Parcel or Outpartxl, as applicable. or with the normal operation of
any business therein. Any party installing Utility Lines pursuant to the previsions of this
Paragraph C shall pay all costs and expenses with respect theist°, shall cause all work in
connection therewith (including general clean-up and proper surfa.: and/or subsurface
restoration) to be completed as quickly as possible and in a manner se as to minimize
interference with the use of the common area and shall provide as-bssilt p! for all such
facilities to the other party within thirty (30) days after the date of completion ii coaanrction
of same.
A The party Mualling such Utility Lines shall maintain, repair and replace
the same at its sole did and acpcooe.
E. At any time and from time to time the grantor shall hare the right to
relocate any Utility Lines installed pursuant to the foregoing grant of easement which is then
located on the land of such grantor. provided that any such relocation (i) shall be performed only
after sixty (60) days notice of the grantor's intention to undertake the reiocation shall bare been
given to the grantee served by the Utility Liars, (ii) shall nor umeasooably interfere with or
diminish utility service to the grantee's land served by the Utility Liars. (iii) shall r_x reduce
or unreasonably impair the usefulness or function of the Utility Liars. (iv) shall be performed
without .on or expense to the grar ee. (v) shall be completed using materials and design
standards which equal or exceed those originally used. (vi) shall bare beau approved by the
service pander and any appropriate gmeromeatal agents having jurisdiction thereof. (vii)
shall provide for the original and relocated area to be restored to the original specifications. and
(viii) shall nix interfere with the conduct or operation of the busmen of any oocupaat of the
grantee's Parcel. The grantor performing such relocation shall provide as -built plans fa all such
relocated utility lines and facilities to the grantee saved by such Utility Lanes within thirty (30)
days after the date of completion of such relocztioa.
F. Each party agrees to grant such additional easements as are reasonably
required by any public or cringe amity kw the purpose of providing the Utility Lars for the
benefit of the other party and its Oo upazcs. provided such easements meet the requirements
of this Declaration are not otherwise inconsistent with the pwVsisiosS of this Declaration.
G. The terms and provisions of this Section 3.1 shall survive the expiration
Or earlier termuninon of this Declaration.
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3.2 Permanent Service Drive.
A. Home Depot, as grantor. hereby grants to each Outparcel Owner. and its
rtspective tenants, contractors. employees. agents. customers. licensees and invitees, and the
subtenants, contractors. employees. agents. custottr.s, licensees and invitees of such tenants,
for the benefit of each Outparcel belonging to an Outparcel Owner, as granters. a perpetual non-
exclusive. easemctn for ingress and egress ty vehicular and pin traffic upon. over and
across that portion of the common atea located on the Major Parcel shown on Exhibit B as
-Permanent Access Drive'. The number and location of all nub cuts from an Outparml to and
onto the Permanent Access Drive shall be subject to the prior approval of Horne Depot. at its
sole and absolute discretion. Home Depot may from time time relocate the ptrmanem
Access Drise located on the Major Parcel provided that any such relocation (i) shall be
performed only after sixty (60) days notice of Home Depoes intention to underate the
relocation shall have c�en given to Outparcel Owner, (ii) shall not unrusonably interfere with
the use of the Permanent Access Drive durir.>e relocaaen by the Outparcel served by the
Permanent Access Den. (iii) shall not redixe or Lai sociably impair the usefulness or foot[ion
of the Permanent Access Drive. (iv) shall be performed without cost or etpcme to Outparcel
Owner, (v) shall be completed using materials and design standards which equal or exceed those
originally used, (vi) shall have been approved by any appropriate governmental agencies havinrh
jurisdiction t eteof, and (vii) shall provide for the original and telocased area to be restored to
the original specifications. Home Depot shall place of record in the King County Recorder's
office a memorandum of relocation cotraining an as -built survey of the P►rmenem Access Drive
as relocated, and Outparcel Owner shah be entitled to rely thereon. The terms of this
Section 3.2 shall survive the expiration or earlier termination of this Declaration.
B. Outparcel Owners of Parxls B and C shall pay its pro rata share (the
'Access Drive Contribution') of all reasonable costs and expenses incurred by Home Depot
for the repair. naintetnncr and replacement of the Pentium Access Brit. Said pro rata
share shall be based on the ratio of the total square footage of building floor area located on the
Outparcels to the total square footage of building floor area located on the Major Parcel
(exclusive of any outdoor sales areas located on the Major Panel) and on the Outparcels
Ouqu xl Owner shall pay such share within thirty (30) days after demand from Home
At such Outparcel Owner's request, Home Depot shall provide an accounting of such costs and
expenses and axess to supporting doa;nem ation.
C. Except as specifically depicted on the Site Plan. the Owners of Parcels B
and C and the Major Parcel covenant that as all times flee access between each Patel and the
remainder of the Deselopment will not be impeded and will be maintained.
3.3 Hoare Depot Easements. The owner of Parcel D hereby grants and conveys
to Hone Depot and the Owners of Panxis B and C. for the betttit of Home Depot and the
Owners of Parcels B and C and their reape rM Parcels, a perpetual o omcli ive easement a,
to. over, and across those private :oats legally described on MIMS wad depicted on the Site
Plan (the 'Hoare Dept Easements') for vehicular (including service vehicles) and pedestr.an
ingress and egress and access to the public meat and the private road (mown as S..xon Drive
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at all times during the terms of this Agreement. In addition. Home Depot shall have the right
to have a sign on the Home Depot Easement identifying Home Depot and providing directions
to the Home Depot store. Access across Saxon Drive shall be subject to die terms and
conditions of that certain Easement Agreement dated and recorded at No.
(the "Same Drive Easement"). At its sole cost and expense. Home Depot shall construct,
maintain and repair the Home Depot Easements and keep them in good condition and repair.
clean, free at rubbish and other hazards to person and vehicles using such area. properly
lighted, sniped and landscaped. In the event of any damage or destruction to the Hone Depot
Easement, whether insured or uninsured, Home Depot shall restore, repair or rebuild the Home
Depot Easements with all due diligence as neatly as possible to at least as good a condition as
it was immediately prior to such damage or construstioa. All work on the Hoes Depot
Easement shall be performed in a good and owrl®wlike manner and shall conform to and
comply with tie plans and specifications prepared and reasonably approved by the Owner of
Parcel D, and all applicable requirements of laws, codes. regulations and rules. All such work
shall be completed with due diligence.
3.4 Drainage Easement. Each party grants to the others a mnexclushe easement
over and under is Parcel far surface water drainage over and through the drainage patterns and
storm water drainage systems tint are established from time to time among the Parcels and
approved by Home Depot as pan of the Plans and Specification. Nothing herein shall prevent
a party from relocating the drainage patterns established upon a party's Parcel, provided such
relocation does not ureasonably interfere with the surface water drainage of other Parcels nor
interfere with the orderly discharge of surface water from such other Parcels.
3.5 No Merges. Notwithstanding an (Inwood Owe is common :.:rship of 2 or
more of Parcels B. C and D. the easement granted hereunder shall bode.: and benefit each
Ouatpanrl individually, without merger as a result of such common ownership, and upon
subsequent conveyance of an Detparcei so that such Outpamel ceases to be unties common
ownership. neither the own coaveying said Parcel nor tee wooer acquiring said Parcel shall
tined to ateatte additional documentation to evidence the existence of said easements. and said
easements shall relaae back to and shall be deemed to have been neared as of the date herecf.
3.6 Saa000 Drive F.asrmest. In the even the Saxon Drive Eases•ncan terminuses or
expires. but the Owner of Parcel D acquires ids, egress and access rights ever Saxon Drive.
the Owner of Puce! D shall use as best efforts to obtain comparable rights for the benefice of
Parcels A. 8 and C. 1f the Owner of Parcel D pays consideration for such rights of ingraa,
egress and accent's (other thin the cost of constriction. maintenance. repair and insurance). then
the Owners of Parcels A, 8 and C shall equitably contrlbme to such consideration.
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ART1CLE 4. RESTRICTIONS ON USE AND OPERATION
4.1 Parting.
A. There shall be no charge for parking in the common areas on Parcels B
and C unless otherwise required by Irv. Fxh Owner of Pamel B and C shall at all times
contain sufficient ground level parking spaces on such Parcel in order to comply with the
following minimum requirements without reliant* on the parking on any oth.r parcel in the
Development:
1. Five (5.0) parking spares for each one thousand (1,000) square feet
of floor area (excluding restaurants) located tin such Outparoel; provided. however, that compact
car parting spaces shall be toca:ed only in the areas, if any. designated on the Evbfltit R. and
2. If a business use contains a vehicular driveup or drive through
customer service. then there shall also be anted space for stacking not less than ten (10)
vehicles for each drive -up or drive through unit: and
3. For each single restaurant which has less than five thousand (5,000)
square list of floor area. then five (5) additional parking spaces for each one thousand (1,000)
square fat of floor area dowsed to such use: and 6
3
4. For each single restaurant which has at least five thousand (5.000)
square Tea of floor area. bus less than seven thousand (7.000) square feet of floor area, then ten
(10) adduiooai parting spaces for each one thousand (1,000) square fat of floor area devoted
:o such use: and
5. For each single restaurant which has seven thousand (7.000) square
feet of floor area or more. then fifteen (15) addaional parking spaces for each one thousand
(1.000) square feet of floor area dewed to such use.
B. In the evem of a coademnuioo of pan of an Outparcel or sale or transfer
in lieu thereof that reduces the number of usable parking spaces below that which is required
herein. Outpareel Owner shall use its reawnable business efforts (including using proceeds from
the condemnation award or smkmeat to resora and/or substitute ground I:vel parking spaces
in order to comply with Ibe parting requuemCIIM set forth above. If such compliance is not
reasonably pracrical Outparcel Owner shall not be deemed in default hereunder. but Otarcel
Owner shall nee be permined to expand the amours of floor area located upon its Ou pan el.
1! such floor area is thereafter reduced. then it may not a'h'- .aly be increased unless :be
parking requirement is satisfied.
C In no event shall the parking spaces on an Otrtparcel be less than the
number of parking spaces required by applicable law. In no evert shall an Outpascel borrow
parting from anther Owparcel to satisfy its parking requirements
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D. No vehicular driveup or drive through customer services shall be located
on an Outparcel unless Home Depot shall have first given its written consent, which consent
shall not be uuasonably withheld, to the location, parking and drive lanes of such facilities.
E. No portion of the common areas on an Outparcel shall be used for the sale,
storage or display of merchandise. No portion of the common areas on an Outparcel shall be
used for the storage of grocery carts.
F. It is agreed and acknowlaiged that Parcel D has no common area for
purposes of parting for the benefit of the other Parcels or any common area for any other
purpose a ceps for the asemems set forth in Section 3. Thsdone, no parking by the Owners
of Parcels B and C or Major Owner or their respective invitees, customers. employees or agents
shall be permitted to park on Patel D.
G. Except for the provisions of Section 4.1.C, D, E, and F above, this
Section 4.1 shall not apply to Parcel D.
4.2 Use Restrictionrs.
A. General Use Restrictions:
1. No pert of any Outpar el (other than Parcel D) shall be used for
other than stall sales. office uses which offer retail servos directly to the public. or
rsstsrnana.
2. No use shall be permitted m any Outparcel which is i000asistent
with the cperarior of a retail store on the Major Peal. Without limiting the generality of the
foregoing. the following uses shall rim be permitted:
(a) any public or private nuisance;
(b) any noise c: sand that is objectionable due to imminence,
beat. frequent. shrillness or Iciness:
(c) any obnoxious odor;
(d) any massive quantity of dust. dirt. a fly ash: provided
however. this prohibition shall not preclude the sale of sods. fertilizers. or other garden
materials or builder materials in containers if incident to the operation of a home impro e:mens
or general merchandise store;
(e) any foe, =plosion or other damagsg or dangerous hazard.
including die storage, display or sale of explosives or fireworks;
NONE oYon,U MLACrJa
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(f) any diuillaion, refining. smelting. agriculture (other than
a retail or wboksak garden center) or mining operacioas;
(g) any mobile home or trailer coon, labor camp. junk yard.
recycling facility. stock yard or animal raising;
(b) any drilling for and/or removal of subsurface substances;
(i) any dumping of garbage or refuse, other than in enclosed
receptacles insetted for such purpose;
(j) any cemetery. mortuary or similar service establishment;
(k) any car wasbing esrabiisbatem;
m any automobile body and fender repair work;
(at) any sating rink. bowling alley. night club. teenage
discotheque, discotheque, dance hall. armament gallery. video game parlor, pool root:,
massage parlor, off-track betting facility. casino, card club, bingo parlor or facility conainnv
gaming eatuiprtreal;
(n) health spa:, health drabs, gyms, exercise studios, dam
studios, yoga or ma.. al arts schools or similar facilities in excess of 2,000 square ken;
(o) any theart; playharrse, cin®, movie theater or other
entertainment viewing. listening or recording facility (whether five. film, audio/visual or video):
(p) any bookstore or establishment engaged in the liminess of
xlliog exhubitarg or delivcug pornographic or obscene materials:
(q) any so-called 'head sloop:'
(r) any fire sak. flea market, pawn shop. business selling
second hand gods, bankruptcy sale (unless pursuant to a court coder) or manioc operation;
(s) any automobile. track. trailer. or =neatioml Khicle or boat
sales. leasing. storage. repair or display which is not entirely coaduciedinside of a Building:
(t) any bar, town, comedy club, aright chub, reuauaot or other
es ablis8meat which sells intoxicating beverages for consumption on the premises:
(a) any school. training. edtucadroml or day care Scilly.
including fart not limited to: brassy schools. barber colleges. diet angers. leading rooms, planes
of instion or other °portions caning prmsarily to students or [[motes tither than so
NONE raar1fls caw a.
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customers; provided however. this prohibition shall not be applicable to on -site training of
employees waking at an Outparcel try an rampant incidental to the conduct of its business at
the Oumaieel:
(v) any church. synagogue, mosque or other place of worship:
(w) any hotel, motel or other lodging facility:
(x) any dry cleaning or laundry plant, unless the operator
dxreof maintains al all times IMMO= against liability with respect to hazardous substances in
form and ansausts and with deductibles reasooably saisfachxy to Home Depot, and agrees to
indemnify, defend and hold Home Depot harmless with respect to any liability therefor:
(y) any industrial or manufacturing we (octet than such
manufacturing use as is conducted in conjunction with Home Depot's home aznser business).
(z) any worming. home or other residential use:
(aa) any office use. other than an office incidental to a retail
operation (including, for such purposes, Horne Depots operations), and not typically fared in
a first class shopping center;
w4 (ab) any fair or carnival; and
(ac) any sales by transit= merchants utilizing vehicles ow booths.
3. The construction or operation cf a restaurant on any Outhaa—.1 is
GS;
subject to prior written approval of Home Depot which approval may be withlaele in Home
Depot's sole disamion as to (i) any single ntstatnant ewer four thousand (4,000' ss woe feet of
floor area. (ii) any rest:num if the square forage of such rest:num when added :o d Rom
footage of any other restaurant on such Outlast (or appromd to he cooarucied on sudi
Oinparcel by Home Depot) said be in excess of four •OUS2211 (4.000) square feet of floor aiea
and (iii) any testaurant which serves akobolic beaaages. Outparcel Owner, at its own cost and
expense. shall keep or cause to be kept the common area saving ascii rest:want clean and free
of all debris and rubbish caused by such use and such costs shall not be chargeable to Hoax
Depot.
4. Any change ia use (and each subsequent change in use) from the
initial use of any business operation located on any °trammel shall be subject to the prior written
appitivAl of Home Depot which approval shall not be =masa:ably withheld or delayed.
B.Fachaaine Use lbstrietiaaa:
No pan of Parcels B C or D shall be used for the sale. manufacarring or
warehouse of the Ukavimg Mama: bomber. hardware bank plornbing somber, dectrical
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supplies, paint. wallpaper. carpeting and other floor coverings, siding, ceiling fans, gardening
supplies or patio or unfinished futniture, tile (including ceramic tile), artificial and natural
plants, light fixtures, cabinets and major household applianom. The manufacturing of optical
products shall be permitted on Parcel D.
4.3 Hazardous Materials.
A. Itestriedem oia Hazardous Materials: Any Hazardous Material (as defined
in Section 4.3.D below) brought Rim km*, used, generated, stotal. treated, disposed of or
released in or about die Outparcel. Development, or soils or groundwater cf same. by Outparcel
Owner, Major Pared Ovals, its tenants and subwnants, and their agents, employees,
contractors, sulwragractors, invitees, cc any party acting oc behalf of any of them shall be
referred to herein as a 'Hataardnas Oxidation'. No Major Parcel Owner Of Outpartel Owner
shall cause or permit a Hazardous Condition without the prior written consent of the other
Owners. which coos= shall not be unreasonably withheld as long as rich Owner demonstrates
w the other Owner's =satiable satisfaction that such Hazardous Condition is necessary to such
Owner's or its tenant's or subs:nines business in the ordinary course and such Hazudous
Material will be used. kept, and smed in each a manner that complies with all Environmemal
Regulations (as defined below). It shall be pm se reasonable for an Owner to mohibil any
underground storage tamer and to tequire abmw-gtound mange tads to have a double -wall
comainawat systan. AU Owner's approval of any method of use or swage of Hazardous
Materials on a parcel shall in no way limit such other Owrers- rights and remedies under this
Section 4.3. Without limiting the foregoing. in the event any Hazardous Condition is m
violation of any Environmental Regulation. the Owner shall promptly take all actions at its sole
expense as are accessary to correct mid violation to the satisfaction of the regulating entity.
ft hadanaity: If any Owmr breaches the obligations staled in Section 4.3.A
above or if a Hazardous Condition exists at any dux. then sawh Owner shall indemnify. defend
and bold the Owners and its officers. directors, shareholders. =Owes, and agents harmless
from any and all claims, judgmems. &maws, penalaies, fines. costs, expenses, liabilities or
losses, including, without limitation, (i) diminution in value of the Development. (ii) damages
for the loss or ntiL :Won on use of amiable or usable space or of any amenity cf the
Deielopmem, kai) sums paid in settlement df. payment oC or in or to comply with any
claims. suits, actioas, judgments, proceedings. or investigations, (iv) cows, amassesreasonable
attorneys' fees. consultant fees. =pert flits and incidental costs Wearied in connection with any
of the above or any iniestigation of arse CO9E116005 or any cleanup, remedial. renal or
resignation work requited by any govertmaial or quasi -governmental entity ("Claims'). The
obligation to so indemnify. defend and hold harmless the Owners set forth herein shall survive
the expiration af this Declaration.
C. Growaaer Vann: Without limiting the foregong. Hem Depot shall
have the riga, at any time, to cause not more than dace (3) going wells as be malted on each
Oumarcel m locations seasonably approved by the °imam! Owner. and. at its option, may
cause the trona/water under the Outpared to be WUXI ao de mi the presenx of Hazardous
Material oot more than mice in any twelve (12) month paind (unions there is an investigation
which requites mom seating) by the use of sada tests as arc dam cusiotaarily used kr such
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purposes. if Oraparoel Ow mr so requests in writing. H^me Depot shall supply Ougarcel Owner
with copies of such i st results to the orient Home Depot is able to do so.
D. Definitions: As used herein. the term 'HaanIons Material' means (i) any
waste, material or 9abstana (whether in the form of a liquid. a solid or a gas and whether or
not air -borne). which is deemed w be a pollutant or a contaminant, or to be hazardous, toxic.
ignitable. reactive. consist. dangerous. harmful or injurious to public health or w the
environment, and which is or may become regulated by or ue is tke authority of any .:;,pliable
Icai, rote or federal laws. judgments. ordinanxs. orders. rules, regulations. coda or other
gcMrememai murk:tic= or requcemais. any amendments or successor(s) thereto. replacements
thereof or publications peoaalgaled pursuant thereto (collectively 'Farimrrmeatal Revelations'
and individually. an •Favioamlal Restrialfoo•): (iii) petroleum; (iv) asbes;'s; (iv)
polychlorinated bipheryls: and (s) any radioactive material. In addition to the foregoing. the
ram •EgAirosamtai Regulations' shall be deemed to include. without limitation. local, sate
and fiedaal laws. judgments. ordinances. orders. rules, regulations. codes and other
go ernmeral restrictions and requirements. any amendments and successors thereto,
replaceoera thereof and publications promulgated pursuant thereto. which deal with or
otherwise in any manner relax to. eavuoamecat masers Of any kind. Hazardous Almeria! shall
not include those substances used or sold in the ordimvy course of the business operated on a
Paeel w accordance with Ee iretneanl Regulatiorc.
4.4 Mara aid Aaesemeots. Each Outpmal Owner shall pay. of catue to be paid.
.4 prior to delinquency. all taxes and auessments with respect in its Ou(parcel. the buildings and
Nimpoovanass loeaatd thereon and my personal property awned or leased by Ousparxl Owner
• on die arc is. provided that if the roam . .seaman or any put theroef may be paid in
(.0 installments. Outpatad Owner may pay e. - h installment as and wi s the same becomes
due and pryab!e. Nothing comoined in this Section 4.4 *III prevent Outpace' Owner from
• comesaing at as cast and expense any web rues and acsecanows with respect to an Outpascel
in any manse- Qimanxl Owner elects. so long as each COMM is maintained with mumble
diligence and in good faith. At the time as such conesa is concluded (allowing for appeal to the
highest appolare court). Outpace! Owner shall promptly pay all such taxes and assessments
desermiamd to be awing. together with all "interest. penalties and costs thereon.
4.5 Insaaramee and haiewq.
A ioirnaaity: Each Owner (the indemnitor) covenants to indemnify the
other Owners (the indant.sees). their officers. direr -ion. stockholders. agents and employees.
and buid them hamaks (except for loss or damage resulting from the negligence of the
mdanntiees from and against any and all claims. anions. damages. liability. oat and expense.
iacbiding moseys' fees, in connection with aJ losses, including loss of life. personal injury
and/or damage m property. arising from or out d any °co mraoe in. upon or at the Pawls
owned by she oadeaamiim or the occupancy or ate by the indemnilor or its tame d the Parcels
owned by the inlemnibr or any parn tiered. or arising from or out d mile s failure to
comply with any provision of this Declaration or oozasiooed wholly or in part by any act or
omission of for soda nior. its Coasts. sublarants. canoessioatoea. agents contractors,
raNE OOOr"rta[waAKCIN
USEAI ,CGNIONIOMODC, Mil ado
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=pliers. employees. servants. customers or licensees. In the event the indannitee or any
party so indemnified as set forth above shall. without fault, be made a party to any litigation
comniencal by or against the Mk:nth:tor or its tenants or subienans. or if the indeninisee or any
such party shall. in is reasorxbk distortion, determine that it must interim in such litigation
to protect its kliCreg hereunder, then the indemnitor shall defend them, using attorneys
reasonably satisfactory to the inks:mike and shall pay Ili COM, expenses and reasonable
attorneys' fees in connection with such litigation. The indemnitee. at its sole cost and expense.
shah have the right to engage its own attorneys in connection with any of the provisions of this
Sanction 4.5 or any other movisino of this Declaration, including. without limitation. any defense
of the innemnike or inks -maim. by the indannmx.
B. Insurtmee: Oinpatal Owner. at its sole cost and expense, shall pnxure,
vay for and keep in full face and effea, at all times a comprehensive general liability insurance
policy including insurance against assumed or contractual liability under this Declarai ion with
respect to the Outparcei and the operations of Outparcel Owner or 'is mums or subtaunts in,
on or about the Outparcel (including. without saiiu.i. its liability under this Declaration wirr:
respect to Hazardous Conditions) in which the limks with retmea to personal liability and
property damage shall be aot less that One Million Dollars ($1.000.000.00) per occurrence.
All policies of insurance required to be carried by Outpumx1 Owner puisuant so this Section 4.5
shall mime Home Dvot as an Additional h and shall be written by tespotimNe insurance
companies a. =glad to do business in the .i.ae of Wishing= and reasonably am:pulite to
r- Home Depot Any such insurance required of Om:parcel Owner harunder may be furaished by
▪ Outparcel Owner under any blanket policy canicd by it or tinder a separate policy thereof. Sidi
N insurance cuserage shall provide that it may not be amended, modified ce anceled acep* upon
• thirty (3C) days pear written notice to Home Depot. A copy of cad) paid -up policy evidencing
1.4
(4) sixh =mum (appropriately mhenticated by tlx insiner) or a =Mimic of the insurer and/or
52 any endorsements, certifyiqg that such policy has been issued. providing the cartage required
71 by this Section 4.5 and containing provisions specified herein. shah be delivered w Home Depot
upon =ilea
C. Self-Iniammee by Ontpared Owners. Any Outpaced Owner or Home
Depot shall have the right so self-inune for any insurance requited hneunder, prtivided that the
self-insining Outparcei Owner's net worth during any period of self-insuracce shall not be less
thaq 5100.000.000.00. If ;equaled by Home Depot. prior to sating so self -ham. the self -
insuring Outpamel Owner shall give Hans Depot thirty (30) days notice of its notice of ilattiCal
io do so. and shall indink in sudi notice in most manidcd financial simmers (or if the
self -insuring Outparcd Owner does not msae its financial casements to be audited in in nontal
course of business. then a:rtifiai as to its accuracy by an authorized officer) so as to evidence
in net vairth. If any Owner elects to self-inswe pursuant w the provisions of this Article or
dm:after leas so terminate suds self -bran -am Ingram, upon request by another Owner such
Party shall M.st at loan thirty (30) days prior widen Hour Depot.
ICONS DEPOrIVISPILACC11111
UCLA' C CGIVIIMISONIDIPCP ACM
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ARTICLE S. r:OMMON AREA MAINTENANCE
5.1 Maintenance.
A. Maintenance Standards. Each Owner shall, except as hereinafter
provided, maintain the common areas on its Patel at all times in good and clean condition and
repair and to a level comparable to the standard of mainaenance generally maintained in other
Mewing comers of similar size and senant mix. said mainienance to include, without limitation
the following:
I. Maintaining. repairing and msurfacing, when neressary. all paved
surfaces in a level. smooth and evenly covered condition with the type of surfacing material
originally installed or such suhr!.:..e -s shall in all =peers be equal or superior in quality. use
and durability; and rem -Ming when necessary;
2. Removing all ice and snow, papers, deb, filth and refuse and
thoroughly sweeping the area to the went reasonably necessary to keep the ma in a clean and
orde. y condition and tome% the ammo area on such Outparcel free from an' obstructions
including those ca...eed by the sale or display of merchandise;
3. Maintaining repairing. resuiping and replacing, when necessary.
all traffic directional signs, markers and lines;
4. Keeping the camber' area ou such Outparorl lighted as required
in this Declaration:
5. Mainsail/ire., repairing. irrigating and rtylacing all landscaped areas:
operaring, maintaining, repairing anti mlacirg. when neoessary. aUt013121/iC sprinkler systems
and rimer lines; and replacing shrubs and otter landscaping as is necessary-
6. Mainraining. repairing and replacing. wins necessary. all common
area walls excluding. without li-ninuion. any screening walls serving buildings or remitting
WAILS tsar sare also part of the walls of a building on an Outran:el;
7. Maintaining repairing. cleaning and replacing. when necessary.
all Utility Lines not conveyed to any public or private utility and common as lighting facilities,
including light standards. wiles. conduits. lamps, ballasts and lenses and rime clocks and circuit
breakers to the cam same arc reasonably required;
8. Maintaining. requiring and mplacing, when necesmry. tit
moraine= sign on orb On:parcel; and
S. Pat:inning itself or coatracring with a dei-d party or parties to
perform any of the services descried herein: provide* bentevec. that Ouspamel Deemer shall
remain responsible and liable for the perbrmance of all said services in accordance with the
NONE ZIIMIINTURNLACCAll
LFSEAs 1 C0FAUNIOINDIP>111111 .cas
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terms of this Declaration and for the performance of any such third party or parties under any
such contract or contacts_
The foregoing obligations shall include any repairs or replacements which may become
necessary due to damage or destruction of the common areas on such Outpartel. Hoax Depot,
by thirty (30) days prior written notice to an Outiarcel Owner, may from time to time elect to
assume from such Outparoel Owner the maintenance obligations set forth above for any
Outparcels. Each Outpace! Owner hereby grams to Home Depot and its contractors, agents and
an, lanes, a lixase to etrler upon its Outparcels to discharge the foregoing duties to operate,
maintain. repair and replace the common areas located thereon. In no rent shall Home Depot
be re .posuible for security or traffic supervision. uo► shall Home Depot be obligated to perform
repairs and replacements of the common area in connection with damage or destruction by fire
or other caste sty or in connection with a taking under the powers of eminent domain or transfer
in lieu thereof. Home Depot, by thirty (30) days prior written notice to such Outparcel Owner,
may from time to time elect to return to such Outparcei Owner the maintenance obligations set
forth above for any of its Otaparoels.
B. Liability Insurance. In addition to the foregoing, for party n. intain:mg
the common areas on Outpartxis B and C shall provide and maintain comprehensive general
liability insurance with broad form coverage endorsement (including broad form property
damage endo-aemeat) insuring d r such cony against claims £x personal injury. bodily injury
er death. ana property damage or destruction. occurring in. on or about such common areas.
Such insurance shall name the other patties as additional insureds, and may not be modified,
canceled or reduced without the giving of at lean thirty (30) days prior written notice to the
additional insureds. Such insurance coverage shall be primary and not ootrtlxnory. Any parry
may provide such coeeragye under a blarsket policy provided such policy otherwise complies with
the requirements of this Declaration. Provided the party maintaining such common area has a
net worth. deicnnirod in accordance with generally accepted accounting principles, w ex ass of
S100,000.000. all or any part of such insurance carried by such party mzy be provided under
a program of self-insurance.
C Indemnity. The party maintaining the common areas on an Outpace!
agrees to indemnify. defend and hold harmless the Owners of the other Parcels and their
occupants from and ag1hnt any and all liability. claims. damages, wanes (including reasonable
atorney's fees and reasonable anormry's foes on any appeal). judgaem, proceedings and cause%
of =ion, for injury to or death of any person or damage to or dcsmx ion of am property
occurring in. on or about the common area and arising out of the performance or
nonperformance of any of such maimenance obligations sex form m this Declaration. unless
caused by the negligent or willful act or omission of the indemnified party. is amts.
contractors or employees.
A Self -Help. In the evem that the party obligated to nnuimm the common
areas on any Outpace) fails to do so as required rime, then any other party may, after to (10)
days prior writ= notice to the defaulting party specifying the more of such faikwe, tutu spoo
such Oatparcel and perform the maintenance sal forth in said notice, and the palomino party
HOME 000nrts.UAKran
vrtu : K GramaeattovOUatnAot
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shall not be liable or responsible to the nonperforming party for any Tosses or damages sustained
by the nonperforming party or anyone claiming by, Through or under the nonperforming party,
other than in connection .pith the negligence of the performing party The reasonabk cost of
such maintenance shall be paid to dx performing party within ten (10) days of receiving a
statement therefor.
5.2 Re sbmseraetl; L. In the event that Home Depot is performing the common
area maintenance and carrying the common area liability insurance on an Outparcel (other than
Parcel D). Outpace' Owner shall reimburse Home Depot the reasonable cask incurred ty, Home
Depot in come al0m thaewit. including, without limitation. a management fee equal to ten
percent (10%) of such coats to defray administrative expenses, within dirty (30) days after
receipt of Home Depot's invoice therefor.
In the event Outparcel Owner fails or refuses to pay when due its share of any bill for
the common area maim ce arpeases dtsaibed above (including the management fee
described above), or its Access Drive Cotaribinion, or any other sums which may, be due and
owing from Outparcel Owner to Home Depot under this Declaration, which failure condors
for a period of fifteen (15) rays after receipt of wrinen notice thereof, such failure shall
constinne a default and k$al action may thereafter be instituted agate Onapa n:el Owns♦ by
Horne Depot for reimbnsemem pies merest from and after the date saki bill was du: and
prfabie t0 and melding the dace slid hill is paid at a rate equal to the lesser of (i) the highest
rate allowed by law, and (ii) the rat four percent (4%) ahem the nafdeace rate of interest
chased from timed time to corporate borrowers of the highest podia standard by Citibank (the
lesser rat being hereinafter rtierrud to as the 'Default Race'). Furthermore. Home Depot shall
have a ilea on the Outpace' Owner's Oumarcel for the amour of said emcees (including the
management fee dtsarbed above) an. or Access Drive Contribution and/or other sums which
may be due and owing, plus accrual ire..:rt as set forth above; provided. however. that if there
be a bona fide ditipate as to the existence of such delauh or of the amount due and all midis/road
amounts are paid, these shall be no right to place a lien on such Owpancel until sot dispute is
serJed by fecal court decree or mmval agreement. The lien provided for in this Sexriom 5.2 shall
only be eve when filed for record by Home Depot as a claim of lien against Outpace'
Owtrr in the office of the recorder of the county in which the Outpace! is located. signed and
verified. which shall contain a: feast:
A. An itemized statmeri of all amamk due, the date due and payable
puissant hereto:
B. A description sufficient for identification of that portion of the Outpace!
which is the subject of the lien:
C. The rune of the owner or rented crafter of the Ot epareel; and
D. The some and address Of House Depot.
NNW 011113n7lasa.taa31
I lento [eCGnrMo.ararasr JOS
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The lien, when so a tsblislxd against the Outparcel described in the lien, shall be prior
and superior to all right, tick, interest, lien or claim which may be or has been acquired or
acached to such Outparcel after the time of filing the lien. The lien shall be for the use and
benefit of Home Depot and may be enforced and foreclosed in a suit or action brought in any
court of competent jurisdiction.
5.3 Maintenance of Trail Easement Area. A portion of the common of the Home
Depot Parcel located in the southeast section of the Development ('Eaemet t Area') is
improved for parking for the Christensen Trail, and is subject to an easement therefor. The
Easement Area is indicated oil the Site Plan. Home Depot shall be responsible for maintenance
of the Trail Easement Area, but each Outpatxl Own= shall reimburse Home Depot for its pro
rata share of the cost of such maintenance, which shall be based on the buildable area on each
parcel:
Parcel A 66.41%
Parcel B 5.487E
Parcel C 5.71%
Parcel D 22.40%
5.4 i.igriiorg.
T` t lighting for the vehick etas areas on each Outpace! shill remain on each day from
dusk until 11 p.m. ("rem Lighthsg period') at a lighting level of 1.5 foot canle. The
lighting :or all other portions of the common area on each Outparcel shall remain on each day
during the required lighting period at a lighting level of 1.0 foot candle. From 11:00 p.m. until
6:00 a.m.. armor building security lighting shall remain on at a lighting lever of one (1.0) foot
candle. Outparcel Owner at its sole con shall keep any aterior building security lights on from
dusk until dawn. Oatparcel Owner anal Horne Depot hereby grate an irrevocable license to each
other for the purpose of permitting the lighting from the Major Parcel and the Outparcels to
iscidentuly shine on the Outparcels and the Major Parcel. respectively. The electrical service
for all of the lighting on an Omparcel shall be separately metered and billed to Omparcel Owner.
Home Depot may ituall a secondary wiring system. from any Outparcel to the light
standards on the Major Parcel, which would permit a portion or all of tie lighting on the
Outparcel to be operated cooremporan ously with the lighting on the Major Parcel. All costs
and etpenses associated with tie installation. maintenance. teplacemeat. and opetson a sueh
secondary wiring, including the cost of energy to light any portion of the Outparal. shall be
assumed and prompdy paid by Home Depot. Home Depot shall submit to Outparcel Owner
appropriate plans and sFadkadoas for the installation of such secondary wiring sysaans.
Ompaccei Owner shall have thirty (30) days to apprvse or disrpproe of such submission. such
approval not to be unreasonably wtihdd. If Wtpanxl Owner des not disapprove of dr
..cbenission within the 30-day period. approval shall be deemed givetz is disapproval is giver.
MIME 0151MT 5IAtTtl
tJtf.Ii c cGrAM9tMsEp 4Nn nfih
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Horne Depot shall revise the submission to accommodate the reasonable objections of Outparcel
Owner and then may resubmit Bich plans and specifications to Outparcet Owner for its approval.
It is recogniad that the business establishments on the Major Parcel may be open for
business at different haws, and that Home Depot may wish to have the comrnon area lights on
an Ourparcel burn blond the required period. Accordingly, Home Depot shall have the right
at any time to require OutparceI Owner to keep certain specified common area lights on an
Outpareel on until a later hour as stipulated by Home Depot; provided that the Home Depot
notifies Outparccl Owner of such request not less than fifteen (15) days in advance. Home Depot
shall state the period during which it wishes the lights to he kept oo to a later bour and shall pay
directly to Outparat Owner one hundred ten percent (110%) of dr reasonable cosy of the
electrical power for such later hours. If Home Depot does not pay such costs or agreement
cannot reasonably be reached as to the amount of such costs then Outparccl Owncr shall have
the right to discontinue such additional lighting and pursue any other remedies as provided
herein. Notre shall be given to Ougrartel Owner in writing to termimte such additional lighting
request and new requests may be made from time to time.
The provisions of this Ankle 5.4 shall not apply to Parcel D.
ARTICLE 6. GENERAL PROVISIONS
6.1 This Declaration shall rote to the benefit of and be binding upon the pa. -ties
hereto, their heirs. personal representatives, strceaors and assigns, and upon any person
acquiring the Major Parcel or an Outparoel. or any portion thereof. or any itaerest therein.
whether by operation of law or otherwise.
bereo .
6.2 The term of this Declaration shall be for ninety nine 1,99) years from the date
6.3
A. In the cven any party fails to perform any prevision of this Declaration.
which kilttte continues for a period of thirty (30) days alter receipt of wriltea notice specifying
the partitatlars of such failure. such Wane skill constitute a default and any other pain may
thereafter mstinne legal anion against the defaulting party for specific performance. declaratory
or injunctive relief. monetary damages or any other remedy provided by 1>w: provided,
bo ever. that the defaulting party shall not be deemed to tie m default if such failure to perform
cannot be rectified within said thirty (30) day period and such party is diligently prcceeding to
rectify the particulars d such failure. The foregoing shall be w addition to any other remedies
etpressly provided for in dais Declaration. It is atptessly agtetd that no breach of or desalt
under this Declaration shad entitle party hereto to terminate this Declaration t such limitation
shall not atkct in any mama any other rights or remedies which sat... ratty may have
hereunder or by reason of any breach of or debts@ under this Delaratiou or at taw or in ,equity.
Anything in this Declaration to the contrary notwithstanding. no breach d this Declaration shall
defeat or render invalid the lien of any maim or dad of trust made in good faith for value.
Hoag 000muca.vrrau
LPSEA1 [ CGPAUCHOINDE10 limit AGM
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but this Declaration shall be binding own. and be effective again. any party hereto whose tide
is acquired by foreclosust, trustee's sale or otherwise.
R. In the event any Outparcel Owner fails to perform any provision of this
Declaration, then in addition to Home Depot's rights pursuant to Section 5.1.D dbove. Horne
Depot shall have the exclusive right, but not the obligation, to cure such default for the accotsit
of and at the ocpense of such Ourpar=1 Owner aad dull be permiued to cruet upon de
Outpareel Owner's Outparcel to effect .such cure: provided hoviever. that the foregoing remedy
shall not be exercisable until ten (10) days following written notice d such breach to the
Output:el Owner. and only if the breach has not been cured (or the awe commenced and
diligently prosecuted) during such ten (10) day Fcriod. The Outparcel Owner shall reimburse
Hone Depot its cxpcas with respect thereto within en (10) days after demand.
6.4 Each term. covenant, condition and agreement captained herein respecting the
Major Parcel or any Outparcel shall be a burden on that panel, shall be appurtenant to and for
the benefit of the other parcels and ear-13 pari thereof and shall run with the land.
6.5 This Declaration may not be modified in any respect whatsoever, except with the:
consent of each of the parties henna. ant den only by written hutment duly executed and
acknowledged by aU of the parties hoeto, duly recorded in the officz d the recorder of the
county X which the Development is loaded. This Declaration may not be terminated in whole
or as to any Parcel. oicept with the consent of each of the parties hereto. and then only by
written insuument duly executed and acknowledged by all of the parties herena and recorded in
the Office of the Recorder 0t the county in which the Major Parcel and the Otopareels ar
N locatni. No modification or termination of this Deciaration shall affect the riglr.s of an;
1.4 lienholder =kw the lienholder consents in writing to the modification or termination. Each
party hereto. as applicable. may consider. approve er disapprove any proposed modification or
ira termination of this io its sole and absolute discretim.
6.6 The parties hereto shall be Home Depot and the owners of Pan:el B. Parcel C
73 and Penal D. and their successors and assigns. Ail references in this Declaration to 'OM:pared
Owner" shall refer to the pasty entitled to as with tespea to an Ouiparcel. Toe owners (if
counting of more than one (1) person or entity of each Ompareed shall ague unclog demselves
by a 51% majority of ownership interests and design= in writing to die oder Tnies a single
person or entity who is =aided to ass as the 'party' for the Outparcel. If the owners of such
Outpar=1 cannot agree who shall be =tided to an as 'partyfor that Outparcel, er if the
owners fail to designate the single person or entity who is entitled to act as the 'party' for that
Ourparcei within thirty (30) days after receipt of request for same from any other party. then the
other parties (excluding such party) shall designate one of the owners to as as the 'party" for
that Outpanel.
6.7 All notices given pursuant to this Declared= shall be in writing and doll be
given by personal deiivesy, by United States mail or by United States expos mail or other
established =press delivery service (such as Federal Express). postage or delivery charge
prepaid. (inn rectipt re:pawed. addressed in the person and addles:: &signaled below or. in
tan DEFOrTUNIOZACCAS
URA 1fUl'.114CAFIOSCDP0•1111101 APO
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the absence of such designation, to the person and address shown on the then current real
Property tax rolls in the county in which the Development is located. All notices to Home
Depot or Outpace! Owner shall be sent to the person and address set forth belay:
To Home Depot:
with a copy to:
with a copy to:
HOME DEPOT U.S.A.. INC.
601 South Placentia
Fullerton, CA 92631
Attention: Real Estate Department and
Legal Department
HOME DEPOT U.S.A., INC.
2727 Paces Ferry Road
Atlanta, Georgia 30339
Attention: Vice President -- Legal
LANE POP/ELL SPEARS LUBERSKY
1420 Fifth Asec e, Suite 4100
Sank. WA 98101-233g
Attention: lane Ra1ay Nelson
The person and address to which notices are to be given may be changed at any time by
any party upon wnitsen notice to the other parties. All notices given ptusuaot to this Declaration
shall be deemed green upon receipt.
For the purpose of th9s Declaration. the term 'receipt' shall man the earlier of any of
the follooMig: (i) the dare of delivery of the notice or other document to the address specified
puritans to this section; as shown on the return receipt. (ii) the dac of actual receipt of .be notice
or other document by the person or entity specified pursuant to this section. or (iii) in the case
of refusal to accept delivery or inability to deliver the notice or other document, the cattier of
(A) the date of lire attempted delivery or refusal to accept delivery. (B) the date of tie posemast
oo the settrto receipt, or (C) the date of receipt of nonce of refusal or notice of nondelivery by
the sending pasty.
6.8 The failure o` a party to insist upon strict performance of any of me terms,
covenants, conditions alai agreeme ns contained harm shall not be deemed a vraiser of any
rights or temedies that said party may hare, and shall not be deemed a waiver of any subsequent
breach or default in the performance of any of the covenants- conditions and imtriaioas
contained hereon by the same or airy other person or entity.
6.9 in the event any party initiates or defends any legal action or proceeding to
enforce or interpret any of the arms of this Declaration, the ptesaa3n parry in any such action
or proceeding shall be entitled to recover from the losing party m any such action or proceeding
its reasonable coats and attorneys fees (including its seasonable was and aoorney's fees on any
appeal).
nor avenn CWILACus
tPIEAI a OLIVMh0®b MOM Aril
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6.10 Noiwithstaoditg anything to the contrary contained in this Declaration, it is
expressly agiecd that in the event a party sells its parcel to an unaffiliated third party and
thereafter enters into a lease for all of such parcel with such thinl parry or its lessee or
sublessee (hereinafter related to collectively as the 'Prime Lessor'), so long as said party is
in possess;, of the property as Prime lessee. the Prime lessee shalt have all of the rights and
obligations of the 'party for such panxi, and the other parties shall Zook solely to said Prime
Lessee for the performan a of any obligati= the 'putty' shall have under this Declaration and
the Prime Lessor shall be relieved of any obligation for the performance of or liability for for
Declaration set forth herein mining to either the 'party' or its parcel.
6.11 1f any term or provision of this Declaration or the application of it to any person
or enema ance shall to any extent be invalid or tmenforceable, the remainder of this Declaration
or the application of such term or provision to persons or circumstances. other than those as to
which it is invalid or unenforceable, shall not be affected thereby, and each term and provision
of this Declaration shall be valid and shall be enforced to the extent permitted by law.
6.12 The provisi= of this Declaration arc not intended to create, nor shall they be in
any way interpreted or construed to crane, a joint venture. partnership. or any other similar
relationship between the parties. Farb party shall be coaside d a separate pany. and no party
shall Ise a the right to ace as agent for another. uriiess expressly authorized to do so herein or
by separate writer instrument signed by the party to be charged.
6.13 The captious and headings in this Declaration are for reference only and shall not
be deemed to def= or limit the scope or intent of any of the tams, covenants. conditions or
agoements contained harm.
6.14 This Declar :ion contains the ensue agreement between the parties hereto and
supersedes all prior agreements, oral or written. with respect to the subject matter hereof. The
provisions of this Declaration shall be construed as a whole and not strictly for or agzirut any
tom.
6.15 In construing the provision of this Declaration and whenever the context so
requires_ the used a gender shall include all other genders, the used the singular shall include
the pltaal. and rite use of the plural shall include the singular. In coauruiog the provisions of
this Declaration. whenever the consent of a part/ is required and the Declaration does not
specify the sundard for s cb consent (i.e.. reasonableness standard or sole and absotusc
discretion). then such consect may not be unreasonably withheld. A coaseat which requires a
modification to this Declaration shall be governed by the standard of Section 6.5 abase.
6.16 in the evert any party hereto is composed d more than one person, the
obligation of said party shall be joint and several.
6.17 This Dion shall be tecoeded in the offs of the mania of the aunty in
which the Major Paco! and each Outpace! are located.
NOME nleonhu111AttM
Vgwe 1(CGivWPAooaysna sure
25
•
• •
•
amuse
•
CO Time is of the essence with respect to the performance if each obligation of this
Declaration. Wheaevrt performance is required by any person or catty hereunder such pawn
or entity shall use all doe diligence to perform and take all necessary measces is good Echo to
perform; provided, however, that if comb:boa of patormaoce shall be delayed at any time by
reason of Acts d God, war civil commotion. riots, strikes, picketing or other labor drags,
tmraiLM7ity of labor or materials, damage to work in progress by reason of foe or other
casualty. or any cease beyond the reasonable camel of rich person or entity. den the time for
performerroe as herein specified shall be acpropriaaeiy encoded by the an.Tirs of the delay
actually so caused. The provisints of this section shall not opaat to anise any person or
entity hoot the prompt payment d say monies required by this Declaration.
6,19 Nothing hereon camiaed shall be deemed to be gift or dedication of any portion
d the Development to the gaend public or for the general public or for any public purpose
whatsoever. it being the insertion d the Owners hereto that this Agreement sbail be strictly
limited to and for the purposes herein expressed.
EXECUTED as of the day and year test above written.
HOME DEPOT U.S.A., INC, a Delaware
corporation
Herb
N1 tar Senior Caporaae Counsel - RealErste
teas mommwwicva
WINO 1.100TIIMPOlO0,1104Jcr POW.
76
• •
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•
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In
STATE OF CALIFORNIA )
)
COUNTY OF ORANGE )
On ITV 11 1996. before me, 1,6 ic Ru0g. z Notary Public in and for said
sone, personally appeased EVINIEL R. . personally broom to roe (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrtnneat, and adoewledsed to me that he awned the same in his a:thorned capacity. and
that by his signature on tte instrument ttr pason. or the entity Upon behalf of which the person
aced. ancustd the instrument.
WITNESS my hand and cfficial seal.
RUC
St4tE OF NYIAfr
(SEAL)
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1110001103..11211011i
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mug upormanmuctast
C.10311.110Ra01101.1041119111 Jail
27
MOM
• •
.01INIMOD
-
•
•
EXHIBIT A-1
Lot A of City of Tukwila Short Plat No. L-94-0055, according So the Short Plat
recorded under King County Record* No. 9512269001; situate in die City of
Tukwila, County of King, aad Susie of Washington.
asanmanismas
• •
•
•
1
•
•
EILLUPILAI
LotB of City of Tukwila Short Plat No. L-94-0055, according to the Skid Plat
recorded under King County Recording No. 9512269001; name in the City of
Tukwila. Cy of King. and State of Washington.
weannesonsum
• •
111111111•11
nawwwi
-
•
•
EXHIBIT A-3
Lot C of City of Tukwila Short Phi No. L-94-0053, according to the Short Piet
recorded wider King Canty Reoardieg No. 9512269001; situate in the City of
Tukwila, County of King. and Stair of Washington.
AQ.
•
9606122127
•
EXHIBIT A-
Lac D of City of Tukwila Shan Plat No. L-94-0055, according to the Short Plat
recorded under King County Rcwtdrng No. 9512269001; s4ate in the City of
Tukwila, County of King, and State of Washington.
• •
•
•
•
9606122127
•
•
MI
•
•
w
•
•
+... L _
•
9606122127
UMW C
Pep C1otf
EXHIBIT "A'
LEGAL DESCRIPTION
ACCESS EASEMENTS
ACROSS PORTIONS OF TAX LOT No. 362304-9107
APPURTENANT TO TAX LOT No, 362304-9074
All that certain real property situate in the Incorporated Territory of the
City of Tukwila, King County, State of Washington, being portions of the
Northeast Quarter of Section 35 and the Northwest Quarter of Section 36.
Township 23 North, Range 4 Eost, Willamette Meridian. described as follows:
Non —Exclusive EASEMENTS. oppurtenont to "Lot A of City of Tukwila Short Plat
No. L-94-0055, filed in Book 107 of Surveys, Pages 9, 9A. & 98 under
Recorder's File No4,9512269001, King County Records, for Access (Ingress and
Egress) purposes. in, on. over. through and across o strip of land 30.00 feet
in width, 15.00 feet on both sides of the centerlines which ore described os follows:
EASDAENT STRIP No. 1
Commencing at the Northwest Corner of "Lot D' of scid Short Plat No. L-94-0055.
Thence along the North line of said "Lot 0", South 88'08'21" East 60.99 feet
t. the TRUE POINT OF BEGINNING of the centerline of the herein described
strip of land;
THENCE South 01'05'02" East 283.26 feet to the North line of said 'Lot A" of
Short Plat No. L-94-0055. and being the terminus of the centerline of the
herein described 30.00 foot wide Easement strip.
The sidelines of said 30.00 foot Easement strip are to be lengthened or
shortened to terminate at the North and South lines of said "Lot D".
The above described Easement strip contains approximately 8,49E square feet.
more or less.
EASEMENT STRIP No. 2
Commencing at the Northwest Corner of "Lot D" of so:d Short Plot No. L-94-0055.
Thence along the North Tine of said 'Lot D", South 8131'8'21" Eost 652.34 fee'
to the TRUE POINT OF BEGINNING of the centerline of the herein described
strip of land:
THENCE South 01'17'11' West 31.80 feet;
THENCE Southeasterty 40.59 feet. along the arc of o 185.00 foot radius curve
concave to the East. though a central angle of 1734'15;
THENCE South 11'17'04 175.74 feet, to the North line of said 'Lot A , cod being
terminus of the centerline of the herein described 30.00 foot wide Easement strip.
The sidelines of sold 30.00 foot Easement strip ore to be lengthened or
shortened to terminate at the North and South tine of said -Let 0".
The above described Easement strip contains approximately 7,444 square 'ee:
more or less.
See -'so "EA.:IBIT MAP Easement Pion", attached hereto and mcde c par, nereo`
for ; graphic representation of the above described Easements.
End of Description
PREPARED BY:
BARGHAUSEN CONSULTING ENGINEERS. Inc.
Job. No. 5109 June lC. 1996
18215 72N0 AVENUE SOUTH
KENT, WA 98032
(206)251-6222
(206)251-8782 FAX
s�' ► • t7Vi Ded&ERING. LAND PtMe NG.
r+a eit0-4t St•VEYMG. ENVIROSIOCAL SZ"Z, /ICES
a
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Page CIot2
1
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AIObllsl PAN( EAHI
02
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1
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tor
ri
• •
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development _ Jack Pace, Director
Technical Review Letter
September 11, 2018
Kim Katz
999 Lake Drive
Issaquah, WA 98029
Subject: Costco Wholesale Corporation Boundary Line Adjustment
440 Costco Drive, Tukwila, WA 98188
Dear Kim Katz,
Your application for a boundary line adjustment was considered complete on August 1, 2018 for the
purposes of meeting state mandated time requirements.
Attached is a revision submittal form. When submitting resubmittals, please fill out the attached form
and include a letter with the comments below followed by a summary of the reflected change, if
applicable. Please include City File # L18-0058 on all map revisions.
A. Public Works —contact —Joanna Spencer; Joanna.Spencer@TukwilaWA.gov
1. See attached plan with questions and comments from Public Works.
B. Fire Marshal —contact —Don Tomaso; Don.Tomaso@TukwilaWA.gov
1. On submitted drawings change "Saxon Drive" to "Costco Drive" as approved by the Tukwila City
Council by Resolution Number 1544 on March 1, 2004.
2. Provide a copy of the ingress/egress easements for the parcels to verify that emergency services
access is listed.
3. Provide a copy of the legal description for James Christensen Road/70th Ave S/Christensen
Greenbelt Park. These seem to be in to be in the same area and have caused e-911 issues with
these names for several years.
C. Planning —contact —Meredith Sampson; Meredith.SampsonWTukwilaWA.gov
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
• •
1. State who will be using the parking lot south of the fueling station. If it will be utilized by the
optical center, there will need to be an easement.
2. See attached plan for other questions and comments from planning.
Please feel free to contact me with any questions at Meredith.Sampson@TukwilaWA.gov or (206)431-3661.
Sincerely,
Meredith Sampson
Assistant Planner
tll ICI^9 County
Dept of Assessments
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KWILA INDUST
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SOUTH LINE SEC. 26, T23N., RO4E., W.M.
NORTH LINE SEC. 735, T23N., RO4E., W.M.
APN 352304-9089 —
(PARCELS D & E ARE NOT
A PART OF BLA)
INGRESS/EGRESS EASEMENTS
OVER APN 352304-9089
REC. NO. 6690772
REC. NO. 6691762
REC. NO. 7104230129
REC. NO. 7105100417
REC. NO. 9508100740
REC. NO. 9608130150
10' WIDE QWEST EASEMENT
REC. NO. 20050209001089
30'
30'
•
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A4 ��2°ose, -Nc
0 �'�0A 90 N
A• 20N
l
— 33.3'
27' 27'
‘1)2623�CvC
A 4 ioNE°
N.W. CORNER LOT D, TUK SP L-94-0055
(P.O.B. OF NEW LOTS 1 & 2)
1-------------------------------.----------------�--
tete 5N0-#1 S ri AS
Fps 262:604 113
54' RAILROAD EASEMENT
REC. NO. 6446750
REC. NO. 6446751
REC. NO. 7407120562
-'.32�9'1--- I r----
25
LOT 1
A.P.N 252304-9063
EXIS(TO
t
_J
COMMON CORNER TO SECTIONS 25, 26 5 & 36
(RECORD LOCATION. MONUMENT NOT OUND)
INGRESS/oEGRES • EMENT
REC,. Ns. 9608130150 -•
(EXTENDS TO AN4% ER PARK EAST)
;{' � ' ,S87'43' 16" E 166.45' 35;
Pei
7-
UTILITY EASEMENT
REC. NO. —
7105100417
27.0'
GAL
G�0 CAS \ C A .9011
352 0
•4N
10'
WEST PROPEEAIS THE
SEMENTS6375443N6OFNE
& 375444
AND
54' WIDE R.R. EASEMENT PER
7407110552 & 6446751
ALL SHOWN PER SHORT PLAT L-94-0055
S1'52'311W 283.98'
S1'19'53"W 82.381 ,
167.23'
)36
f
AXON DFIVE
QWEST EASEMENT
REC. NO.
20050209001088
27.0'
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rn
49I.8'
--10.0'
55; 0'
N88'07'291W 384.60'
LOT 2
S88'47'49"E 334.20'
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60.6'
r --]
1,
r---•50.5'
J
A=18'18'19"
R=115.00'
L=36.74'
A=40'29' 14"
R=30.00'-
L=21.20'
•
77-115 SHO u 4.4
OE GosTco DR,
46.0'
N88'07'29"W 308.85'
OLD LOT LINE TO BE REMOVED
1.65 ga'0053
'Svc g4 62-50 Q-9101
AP
A=2737'02"
R=115.00'
L=45.40'
°E4CI
901 A
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9
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sN0 gtic• N0
Sam '23"E 302.95'
40.0'
o I
' SOUTH LINE SEC. 25, T23N., RO4E., W.M.
NORTH LINE SEC. 36, T23N., RO4E., W.M.
40.0'
/
/ AA\
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10 6e
/
40.0'
N7 41'57 E 51.00'
cP o
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elPAWN PV
SURVEY(
HORIZONTAL I
THE BEARING
136 AND 131
AMERICAN DP
1. ALL TI
SURVEY WAS
BY TITLE ORI
2. MONUMEI
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4. THIS IS
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AND A SPE(
DISTANCE R
AS SHOWN
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5. ALL DIST
6. SEE SHE
VOL. PG.
NEW LEGAL DESCRIPTIONS
-615619-WA1, DATED
TOWNSHIP 23 NORTH,
QUARTER OF THE
:OUNTY, WASHINGTON,
HE SOUTHEAST
102 FEET TO THE
UNDER RECORDING
JAMES CHRISTENSON
\SEMENT RECORDED
OF BEGINNING.
)N 36 AND
KING COUNTY,
:TI4135 A DISTANCE
CE OF 99.43 FEET
: JAMES CHRISTENSEN
THE TRUE POINT OF
SCRIBED AS FOLLOWS:
:RNMENT LOT 8, IN
;TON, DESCRIBED AS
T QUARTER OF THE _
SECTION 26, A
NCE OF 99.43 FEET
.F ANDOVER PARK EAST;
IICH BEARS SOUTH
4 POINT OF REVERSE
3E OF 11.46 FEET;
G.
ST, W.M., IN KING
;TAN.F 82.38 FEET;
INNING;
NE OF ANDOVER PARK
;E SOUTH 88'08'21"
:HE :TRUE POINT OF
AST, W.M., IN KING
F4'08" WEST ALONG THE
IL AND PACIFIC RAILROAD
D8'21" WEST 253.00
3EGINtO BEARS NORTH
4T RECORDED DECEMBER
LOT 1:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25,
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26,
GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35
AND GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36,
ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 35;
THENCE SOUTH 01'19'53" WEST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE 82.38 FEET TO THE
NORTH LINE OF LOT D OF CITY OF TUKWILA SHORT PLAT NO. L-94-0055, ACCORDING TO THE SHORT PLAT
RECORDED DECEMBER 26, 1995 UNDER RECORDING NO. 9512269001;
THENCE NORTH 88'07'29" WEST, ALONG SAID NORTH UNE A DISTANCE OF 167.23 FEET TO THE NORTHWEST
CORNER OF SAID LOT D OF CITY OF TUKWILA SHORT PLAT NO. L-94-0055 AND THE POINT OF BEGINNING;
THENCE NORTH 01'52'31" EAST, A DISTANCE OF 83.54 FEET;
THENCE NORTH 01'48'21" EAST, A DISTANCE OF 515.61 FEET TO A POINT OF CURVATURE TO THE RIGHT HAVING A
RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 510'36°;�
THENCE NORTHERLY ALONG THE ARC A DISTANCE OF 131.82 FEET;
THENCE SOUTH 88'11'39" EAST, A DISTANCE OF 1,074.19 FEET TO THE WEST MARGIN OF THE JAMES
CHRISTENSON ROAD;
THENCE SOUTH 47'08'13" WEST, A DISTANCE OF 273.03 FEET;'
THENCE SOUTH 30'25'13" WEST, A DISTANCE OF 412.90 FEET`
THENCE SOUTH OT33'13" WEST, A DISTANCE OF 174.08 FEET;1")
THENCE SOUTH OT41'57" WEST, A DISTANCE OF 51.00 FEET;
THENCE SOUTH 10'51'48" EAST, A DISTANCE OF 197:12 FEET TO &THE SOUTHEAST CORNER OF SAID LOT D;
THENCE NORTH 88'21'23" WEST, ALONG THE SOUTH LINE OF SAID LOT D FOR A DISTANCE OF 302.95 FEET TO A
POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 115.00 FEET AND A CENTRAL ANGLE OF 22'37'02";
THENCE WESTERLY ALONG THE ARC A DISTANCE OF 45:40-FEET;
THENCE NORTH 01'52'31" EAST, A DISTANCE OF 253.26 FEET TO A POINT ON THE NORTH LINE OF SAID LOT D;
THENCE NORTH 88'07'29" WEST, ALONG SAID NORTH LINE FOR A DISTANCE OF 384.60 FEET TO THE POINT OF
BEGINNING.�t'a u I;H Atait, . 45.,EcT Extsi fti WT
LOT 2:
THAT PORTION OF GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35
AND GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36,
ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 35;
THENCE SOUTH 01'19'53" WEST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE 82.38 FEET TO THE
NORTH LINE OF LOT D OF CITY OF TUKWILA SHORT PLAT NO. L-94-0055, ACCORDING TO THE SHORT PLAT
RECORDED DECEMBER 26, 1995 UNDER RECORDING NO. 9512269001; /�
THENCE NORTH 88'07'29" WEST, ALONG SAID NORTH UNE A DISTANCE OF T67!23 FEET TO THE NORTHWEST
CORNER OF SAID LOT D OF CITY OF TUKWILA SHORT PLAT NO. L-94-0055wAND THE POINT OF BEGINNING;
THENCE SOUTH 01'52'31" WEST, ALONG THE WEST UNE OF SAID LOT D FOR A DISTANCE OF 283.98 FEET TO THE
SOUTHWEST CORNER OF SAID LOT D;
THENCE SOUTH 88'479" EAST, ALONG THE SOUTH LINE OF SAID LOT D FOR A DISTANCE OF 334.20 FEET TO A
POINT OF CURVATURE/TO THE LEFT, CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 30.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40'29'14" FOR AN ARC DISTANCE OF
21.20 FEET TO A POINT OF REVERSE CURVATURE HAVING A RADIUS OF 115.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'18'19" FOR AN ARC DISTANCE OF
36.74 FEET;
THENCE NORTH 01'52'31" EAST, A DISTANCE OF 253.26 FEET TO A POINT ON THE NORTH LINE OF SAID LOT D;
THENCE NORTH 88'07'29" WEST, ALONG SAID NORTH LINE FOR A DISTANCE OF 384.60 FEET TO THE POINT OF
BEGINNING. Ey
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r T'; . KENT, WA 98032
(425)251-6222
• (425)251-8782 FAX
DRAWN BY
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DATE
12/27/17
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Community
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PTN OF THE NW1/4 OF THE NW1/4 OF SEC. 36,
THE NE1/4 OF THE NE1/4 OF SEC. 35,
THE SW1/4 OF THE SW1/4 OF SEC. 25,
THE SE1/4 OF THE SE1/4 OF SEC. 26,
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• •
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development _ Jack Pace, Director
Technical Review Letter
September 11, 2018
Kim Katz
999 Lake Drive
Issaquah, WA 98029
Subject: Costco Wholesale Corporation Boundary Line Adjustment
440 Costco Drive, Tukwila, WA 98188
Dear Kim Katz,
Your application for a boundary line adjustment was considered complete on August 1, 2018 for the
purposes of meeting state mandated time requirements.
Attached is a revision submittal form. When submitting resubmittals, please fill out the attached form
and include a letter with the comments below followed by a summary of the reflected change, if
applicable. Please include City File # L18-0058 on all map revisions.
A. Public Works —contact —Joanna Spencer; Joanna.Spencer@TukwilaWA.gov
1. See attached plan with questions and comments from Public Works.
B. Fire Marshal —contact —Don Tomaso; Don.TomasoPTukwilaWA.gov
1. On submitted drawings change "Saxon Drive" to "Costco Drive" as approved by the Tukwila City
Council by Resolution Number 1544 on March 1, 2004.
2. Provide a copy of the ingress/egress easements for the parcels to verify that emergency services
access is listed.
3. Provide a copy of the legal description for James Christensen Road/70th Ave S/Christensen
Greenbelt Park. These seem to be in to be in the same area and have caused e-911 issues with
these names for several years.
C. Planning —contact —Meredith Sampson; Meredith.Sampson@TukwilaWA.gov
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
• •
1. State who will be using the parking lot south of the fueling station. If it will be utilized by the
optical center, there will need to be an easement.
2. See attached plan for other questions and comments from planning.
Please feel free to contact me with any questions at Meredith.Sampson@TukwilaWA.gov or (206)431-3661.
Sincerely,
jilA-A'‘`-tV ilv`^^
Meredith Sampson
Assistant Planner
0400
• l •
,RECEIVED
City of Tukwila
Department of Community Development
AUG 0 2 2018
TUKWILA
PUBLIC WORKS
File Number
L18-0058
PL18-0046
LAND USE PERMIT ROUTING FORM
TO: []Building []Planning {[]Public Works Fire Dept. n Police Dept. [] Parks/Rec
Project: Costco Wholesale Corporation
Address: 440 Costco Drive
Date 8/1/2018
_transmitted:
Response
requested by:
8/15/2018
Staff Meredith Sampson
coordinator:
Date response
received:
REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations,
including citations. Be specific in describing the types of changes you want made to the plans. When
referencing codes, please identify the actual requirement and plan change needed.
The Planning Division review does not supplant each department's ability to administer its own
regulations and permits. However, project consistency at the Planning review stage is important to
minimize significant later design changes. More than minimal design changes require further Planning
Commission review, even if alteration is required to satisfy a City requirement. This further review is
typically a minimum 60-day process.
Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify
the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the
mitigation' required. Calculations of project impacts and the mitigation required (e.g., water capacity,
road level of service analyses, or turning analyses) may be required of the applicant.
COMMENTS
(Attach additional comment sheets and/or support materials as needed.)
Se' t - rek, )e.c "PIA) f-ed G
Plan check date:
Comments
Update date:
gI
i
I)
prepared by:
.1,6
• •
0400
TO: []Building
City of Tukwila
Department of Community Development
File Number
L 18-0058
PL18-0046
LAND USE PERMIT ROUTING FORM
[] Planning []Public Works []Fire Dept. n Police Dept. [] Parks/Rec
Project: Costco Wholesale Corporation
Address: 440 Costco Drive
Date 8/1/2018
transmitted:
Response
requested by:
8/15/2018
Staff
coordinator: Meredith Sampson
Date response
received:
REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations,
including citations. Be specific in describing the types of changes you want made to the plans. When
referencing codes, please identify the actual requirement and plan change needed.
The Planning Division review does not supplant each department's ability to administer its own
regulations and permits. However, project consistency at the Planning review stage is important to
minimize significant later design changes. More than minimal design changes require further Planning
Commission review, even if alteration is required to satisfy a City requirement. This further review is
typically a minimum 60-day process.
Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify
the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the
mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity,
road level of service analyses, or turning analyses) may be required of the applicant.
COMMENTS
(Attach additional comment sheets and/or support materials as needed.)
Plan check date:g.12?/7
Comments
Update date:
prepared by:
•
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Jack Pace, Director
NOTICE OF COMPLETE APPLICATION
August 1, 2018
Kim Katz
999 Lake Drive
Issaquah, WA 98029
Subject: Boundary Line Adjustment/Lot Consolidation - -440 Costco Drive
L18-0058
PL 18-0046
Dear Kim Katz,
Your application for a boundary line adjustment/lot consolidation is consideredLcomplete on August
1, 2018 for the purposes of meeting state mandated time requirements.
This determination of complete application does not preclude the ability of the City to require that
you submit additional plans or information, if in our estimation such information is necessary to
ensure the project meets the substantive requirements of the City or to complete the review process.
At this time your application has been routed to different departments for review. After their
technical review is complete I will contact you if any revisions are required.
This notice of complete application applies only to the permits identified above. It is your
responsibility to apply for and obtain all necessary permits issued by other agencies.
Please feel free to contact me with any questions.
Sincerely,
Meredith Sampson
Assistant Planner
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
CIVIL ENGINEERING, LAND PLANNING, SURVEYING
July 13, 2018
HAND DELIVERED
(206) 431-3670
City of Tukwila
Department of Community Development
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188
RE: Boundary Line Adjustment
Costco Wholesale
440 - 441 Costco Drive, Tukwila, Washington 98188
Costco Loc. No. 6 / Our Job No. 7880
On behalf of our client, Costco Wholesale (Costco), Barghausen Consulting Engineers Inc., is submitting
the required documents for a Boundary Line Adjustment for the above -referenced project.
The existing Costco facility is comprised of two parcels, including the Costco warehouse, fueling facility,
and optical facility. Parcel No. 252304-9063 contains the Costco Warehouse and Lot No. 362304-9107
contains the fueling facility and optical facility. Costco is seeking to consolidate the warehouse and fueling
facility into Parcel No. 252304-9063 and to keep the optical facility in Parcel No. 362304-9107.
The following items are enclosed for your review:
1. Four (4) copies of the Boundary Line Adjustment Application
2. One (1) Boundary Line Adjustment Checklist
3. Four (4) copies of the notarized Affidavit of Ownership and Hold Harmless Permission
4. One (1) Barghausen Consulting Engineers, Inc. check payable to the City of Tukwila in the
amount of $1,831.20 to cover application fees
5. Four (4) full-size, 24- by 36-inch copies of the Site Plan prepared by Barghausen Consulting
Engineers, Inc. dated November 13, 2017
6. One (1) reduced -size, 11- by 17-inch copy of the Site Plan prepared by Barghausen Consulting
Engineers, Inc. dated November 13, 2017
7. One (1) copy of the Boundary Line Adjustment Narrative
8. One (1) copy of the Title Report by First American Title Insurance Company dated June 21,
2013
18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX �R e1 �gnfo
BRANCH OFFICES • TUMWATER, WA • KLAMATH FALLS, OR • LONG BEACH, CA • ROSEVILLE, CA • SA DIa("i
www.barghausen.com
Community
Development
• •
City of Tukwila
Department of Community Development -2- July 13, 2018
9. Four (4) copies of the recording document by Barghausen Consulting Engineers, Inc. dated
December 27, 2017
If you have any questions or comments please contact me at (425) 656-7460. Thank you for your
assistance with this project.
Sincerely,
Sean Ahderson
Senior Planner
SA/Ib
7880c.056.docx
enc: As Noted
cc: Kim Katz, Costco Wholesale
Rick Jerabek, Costco Wholesale
Jay S. Grubb, Barghausen Consulting Engineers, Inc.
Chris S. Ferko, Barghausen Consulting Engineers, Inc.
Chris Jensen, Barghausen Consulting Engineers, Inc.
• •
Boundary Line Adjustment
Narrative
Costco Gasoline
Fuel Facility and Optical Center
440 - 441 Costco Drive, Tukwila, Washington 98188
Costco Loc. No. 6 / Our Job No. 7880
July 13, 2018
Project Location
The Boundary Line Adjustment will occur within the Costco Fuel Facility and Optical Center property located
south of the Warehouse along Costco Drive (4.28 acres) and will include the Costco Warehouse Property
located north of Costco Drive (2.51 acres). Both Costco properties are located within the Tukwila Urban
Center -Workplace Zone (TUC-WP) which allows for "big box" retail, light industrial, and fuel facility as an
ancillary use to the warehouse.
Project Description
Costco Gasoline is seeking a Boundary Line Adjustment to include the Fuel Facility, the adjacent parking
area to the south, and a section of private easement (Christensen Road) within the Warehouse Property.
The Optical Center building and adjacent parking will remain on the revised parcel. The Boundary Line
Adjustment will not result in a non -conforming lot for the below development standards.
Building Setbacks: The Municipal Code requires building setbacks of 15 feet on the front yard and
5 feet on the side and rear yards. The Municipal Code also requires that buildings be no greater
than 45 feet. The Optical Center has a front building setback of 74 feet, side setbacks of 50 and
80 feet, and a rear setback of 50 feet. The Optical Center and Fuel Facility are both one story in
height and are compliant with building setback requirements.
Landscaping The Municipal Code requires a minimum of 20 square feet of interior parking lot
landscaping per parking stall. The Costco Warehouse and Fuel Facility site provide approximately
97 square feet per parking stall. The Optical Center provides approximately 222 square feet per
parking stall and is compliant with landscaping requirements.
Parking: The Municipal Code requires a minimum of 4 parking stalls per 1,000 square feet of retail
uses. The Costco Warehouse and Fuel Facility have a combined gross floor area of 217,657
square feet and provide a combined total of 654 stalls. The Municipal Code requires a minimum
of 1 parking stall per 1,000 square feet of usable floor area. The Optical Center has a gross floor
area of 38,755 square feet and provides 80 parking stalls. Both lots will be compliant with the
Parking Code.
Yard Setbacks: The Workplace Corridor Code requires a setback of 9 feet along Costco Drive.
The Municipal Code specifies that there is no required landscaping for side and rear setbacks. The
Fuel Facility has a front yard setback of 9 feet along Costco Drive and is compliant with yard setback
requirements.
-1-
RECEIVED
JUL 13 2018
Community
Development
7880.013 (003)
• .
Purpose of Request
Boundary Line Adjustment
Pursuant to Section 17.08.030 (C), in order to approve a Boundary Line Adjustment or lot consolidation,
the Short Subdivision Committee shall determine the project complies with the following criteria:
(1) No additional lots, sites, parcels, tracts, or divisions are created.
Response: The Boundary Line Adjustment will not create any additional lots, sites, parcels,
tracts or divisions.
(2) The adjustment will not create non -confirming lots with respect to zoning dimension and area
standards, zoning setbacks and lot area coverage standards.
(3)
Response: The Boundary Line Adjustment does not create any non -conforming Tots. The
adjusted Optical Center property meets all dimensional and setback standards, as well as
parking and landscape coverage requirements, for light industrial use within the TUC -WC zone.
The Fuel Facility and Warehouse will also continue to meet all design standards for landscape
and parking in accordance with the TUC -WC zone.
The degree of non-conformance on existing non -conforming lots with respect to zoning
dimension and area standards, zoning setbacks and floor area ratio are not increased.
Response: Both lots are currently in conformance with the TUC -WC zoning dimension and
area standards.
(4) All lots have legal access to a public road. Existing required private access road improvements
and easements are not diminished below subdivision ordinance standards for lots that are
served by a private access road.
(5)
Response: The Optical Center lot will continue to have legal access to Costco Drive. The
Warehouse and Fuel Facility will both continue to have legal access to Costco Drive and
Christensen Road.
Existing easements for utilities are appropriate for their intended function, or they are extended,
moved, or otherwise altered to an appropriate location.
Response: Existing utilities will continue to serve both the Optical Center and Fuel Facility.
Utilities serving the Fuel Facility are currently included in existing easements.
(6) The adjustment does not create any non -conformities with respect to the Uniform Building Code
or any other locally administered regulation.
Response: The project is in conformance to this standard.
Conclusion
The above narrative and supporting documents demonstrate that the project meets the City's Boundary
Line Adjustment criteria. The City's approval of this application is respectfully requested.
- 2 - 7880.013 (003)
•
Q, \S51uN t� t"A
5
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\\citystore\City CommonFTefi.7jD. D\Kirby\2016.Applications\Boundary Line Adjustment -Lot Consolidation -March 2016.docx
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431-3670
AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS
PERMISSION TO ENTER PROPERTY
STATE OF WASHINGTON
ss
COUNTY OF KING
The undersigned being duly sworn and upon oath states as follows:
1. I am the current owner of the property which is the subject of this application.
2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my
knowledge.
3. The application is being submitted with my knowledge and consent.
4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's
real property, located at 441 Costco Drive, Tukwila, WA 98032 for the purpose of
application review, for the limited time necessary to complete that purpose.
5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during
the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City.
6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s)
without refund of fees.
EXECUTED at 1SS144upoN
On this day personally appeared before me
(city), w Ya (state), on . VV1 (P , 20 1$
Kim Katz
(Print Name)
999 Lake Drive, Issaquah, WA 98029
(Address)
(425) 427-7540
(Phone Number)
(S ignatui)
to me known to be the individual who
executed the foregoing instrument and acknowledged that h igned the same as hi her oluntary act and deed for the uses
and purposes mentioned therein. I
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS (Q " DAY OF Tll( , 20 le
``..\\`,\�F\Ftt11�1 ( nil n�1-
a►kdo , (-,6,sek -- -
OF O G, q4,51 ��/i NOTARY PLCBLIC
residing at A)
My Commission expires on IT- r' ' ""
JUL 13 2018
Community
Development
COMPLETE APPLICATION CHECKLIST
The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works
Department and the Department of Community Development. Please contact each Department if you feel that certain items
are not applicable to your project and should be waived. Application review will not begin until it is determined to be
complete. ADDITIONAL MATERIALS MAY BE REQUIRED.
The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require
additional information as needed to establish consistency with development standards.
City staff are available to answer questions about application materials at 206-431-3670 (Department of Community
Development) and 206-433-0179 (Department of Public Works).
Check items
submitted
with
application
Information Required. May be waived in unusual cases, upon approval of both Public Works and
Planning
APPLICATION MATERIALS:
✓
1. Application Checklist (1 copy) indicating items submitted with application.
✓
2. Completed Application Form and drawings (4 copies).
✓
3. One set of all plans reduced to 8 1/2" x 11" or 11" x 17".
If
4. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property
(1 copy attached).
✓
5. Application Fee: See Land Use Fee Schedule online.
PROJECT DESCRIPTION AND ANALYSIS:
✓
6. Vicinity Map with site location.
If
7. Clearly establish status as separate legal lot(s) of record (per TMC Title 17 and RCW Chapter
58.17), showing all known easements and encumbrances.
8. Provide any required maintenance agreements, easements or other documents ready for recording.
Items 9 through 11 NOT required for lot consolidations or BLAs without vacant lots
9. Provide King County Health Department approval if there are any septic systems on site.
10. Sewer and water availability letters are required from the provider district if the area is not serviced
by the City of Tukwila. Forms are available at the DCD office.
11. Provide two copies of sensitive area studies such as wetland or geotechnical reports if needed per
Tukwila's Sensitive Areas Ordinance (TMC 18.45). See Geotechnical Report Guidelines and Sensitive
Area Special Study Guidelines for additional information.
RECORDING DOCUMENT: Templates are available from the City
✓
12. (a) The recording document must meet the King County Assessor's recording format requirements
(letter, legal or record of survey format). Only documents prepared by a surveyor may be in record of
survey format (18" x 24").
✓
(b) Drawing must include a graphic scale, space for the City of Tukwila file number and north
arrow. It shall include the elements listed at TMC 17.08.030(B).
✓
(c) Provide legal descriptions of all lots before and after the proposed changes.
V
(d) The recording documents must include signature blocks for the owner(s), Short Subdivision
Committee, Assessor, and Recorder (listed on the template, see TMC 17.04.060).
✓
(e) Existing and proposed lot lines shall be shown solid with new lines called out and lot lines to be
removed shall be shown dashed.
le
Show existing and proposed utility easements (water, sewer, septic drainfields, power, natural
gas,
gas, telephone, cable).
if
(g) List total lot area and average width of each proposed residential lot. { r.a r
\\citystore\City Common\Teri - DCD\Kirby\2016 Applications\Boundary Line Adjustment -Lot Consolidation -March 2016.docx
JUL 13 2018
Community
Development
Check items
submitted
with
application
Information Required. May be waived in unusual cases, upon approval of both Public Works and
Planning
1
(h) Dash in required setback distances from all parcel lot lines.
if
(i) Show any required fire access lanes and tum-arounds per Fire Department standards.
(j) Show the location and distance to proposed property lines of all existing structures, indicating
those to be removed.
SENSITIVE AREAS PLAN: NOT required for lot consolidations or BLAs without vacant lots
13. (a) Location of all sensitive areas (e.g. streams, wetlands, slopes over 20%, coal mine areas and
important geological and archaeological sites). For stream frontage provide existing and proposed top of
stream bank, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr.
flood). Maximum sheet size 24" x 36".
(b) Location of all required sensitive area buffers, setbacks, tracts and protection measures.
(c) Show all significant trees (4" or more in diameter measured 4.5 feet above grade), indicating
those to be retained and those to be removed. A tree permit will be required for removal of any
significant trees within a sensitive area or its buffer.
(d) Show proposed lot and tract lines.
CIVIL PLANS: NOT required for lot consolidations or BLAs without vacant lots
14. (a) Include a graphic scale and north arrow. Maximum sheet size 24" x 36".
(b) Vertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion calculations to
NGVD 1929, if in a flood zone or flood -prone area.
(c) Existing and proposed utility easements and improvements, on site and in street (water, sewer,
power, natural gas, telephone, cable). Schematic designs to be provided regardless of purveyor (e.g. site
line size, location, and size of public main). No capacity calcs, invert depth, valve locations or the like
are needed.
(d) Storm drainage design at least 90% complete, which meets the King County Surface Water
Design Manual (KCSWDM). Include a Technical Information Report (TTR) including feasibility
analysis if required by the Manual. Call out total existing and proposed impervious surface in square
feet. Include all storm drainage conveyance systems, water quality features, detention structures,
maintenance access and safety features. For additional guidance contact Public Works or go
to PERMIT CENTER.
(e) Locate the nearest existing hydrant and all proposed hydrants.
(f) Show the 100 yr. flood plain boundary and elevation as shown on FEMA maps.
(g) Plan, profile and cross-section for any right-of-way improvements.
(h) Show planned access to lots, driveways, fire access lanes and turn-arounds.
(i) Show the location and distance to proposed property lines of all existing structures, indicating
those to be removed.
(j) Show proposed lot and tract lines.
RECE1i a
JUL 13 2018
Community
Development
\\citystore\City Common\Teri - DCD\Kirby\2016 Applications\Boundary Line Adjustment -Lot Consolidation -March 2016.docx
to
►41,
4s? CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
2 Telephone: (206) 431-3670
a
BOUNDARY LINE
ADJUSTMENT / LOT
CONSOLIDATION
APPLICATION
FOR STAFF USE ONLY Permits Plus Type: P-BLA/LC
Planner:
File Number: L. / Sr — 0O -;y
Application Complete Date:
Project File Number: /+ L / g - (G g6,.
Application Incomplete Date:
Other File Numbers:
NAME OF PROJECT/DEVELOPMENT: Costco Wholesale C...cmWtNA,A oN
BRIEF DESCRIPTION OF PROJECT: Costco is seeking to adjust the boundary line between parcels 362304-9107 and 252304-9063.
Costco wants parcel 252304-9063 to include the warehouse and fueling facility. Parcel 362304-9107 will include the optical facility.
LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block
and subdivision, access street, and nearest intersection.
440 Costco Drive, Tukwila, WA 98188 and 441 Costco Drive, Tukwila, WA 98188
LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement).
362304-9107 and 252304-9063
DEVELOPMENT COORDINATOR:
The individual who:
• has decision making authority on behalf of the owner/applicant in meetings with City staff,
• has full responsibility for identifying and satisfying all relevant and sometimes overlapping development
standards, and
• is the primary contact with the City, to whom all notices and reports will be sent.
Name:
Kim Katz CO Sean Anderson
Address:
Phone:
E-mail:
999 Lake Drive, Issaquah, WA 98029 CO 18215 72nd Avenue South, Kent, WA 98032
(425) 427-7540 CO (425) 251-6222
kkatz@costco.com CO sanderson@barghausen.com
FAX:
Signature:
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Date: "1 le, ►t lib
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JUL 13 2018
\\citystore\City Common\Teri - DCD\Kirby\2016 Applications\Boundary Line Adjustment -Lot Consolidation -March 2016.docx
Community
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1. THIS PRELIMINARY SITE PLAN IS BASED ON A SITE PLAN BY MULVANNY G2
ARCHITECTURE DATED, 10/7/14. THIS PLAN HAS BEEN PREPARED
WITHOUT THE BENEFIT OF A CURRENT LAND SURVEY.
2. THE BUILDING SQUARE FOOTAGE AND PARKING SHOWN ON THIS PLAN IS
BASED ON INFORMATION PROVIDED BY THE OWNER AND/OR OTHERS AND
HAS NOT BEEN VERIFIED.
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Vicinity Map
PROJECT DATA
CLIENT:
PROJECT ADDRESS:
COSTCO WHOLESALE
999 LAKE DRIVE
ISSAQUAH, WA 98027
441 COSTCO DRIVE
TUKWILA, WA 98188
WAREHOUSE SITE AREA: 13.93 ACRES (606,591 S.F.)
OPTICAL SITE AREA: 4.28 ACRES (186,232 S.F.)
TOTAL SITE AREA: 18.21 ACRES (792,823 S.F.)
BOUNDARIES
INFORMATION:
THIS PLAN HAS BEEN
PREPARED BY USING
BARGHAUSEN CIVIL DWG
DATED 6-24-99.
EXISTING BUILDING DATA (OPTICAL):
EXISTING OPTICAL FACILITY 34,544 S.F.
EXISTING PARKING DATA (OPTICAL):
10' WIDE STALLS
9' WIDE STALLS
HC HANDICAP STALLS
EXISTING TOTAL PARKING (OPTICAL)
NO. OF STALLS PER 1000 S.F.
OF BUILDING AREA (34,544 SF):
NO. OF STALLS REQUIRED BY
JURISDICTION (1.0 STALLS / 1000 S.F.):
3 STALLS
129 STALLS
4 STALLS
136 STALLS
3.93 STALLS
35 STALLS
NOTES:
EXISTING CONDITIONS TO BE FIELD VERIFIED.
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Community
Development
City of Tukwila
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone (206) 431-3670 FAX (206) 431-3665
E-mail: planning@tukwilaWA.gov
•
BOUNDARY LINE ADJUSTMENT NO.
DECLARATION
KNOW ALL MEN BY THESE PRESENT THAT WE, THE UNDERSIGNED, OWNER IN FEE SIMPLE
OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A BOUNDARY LINE ADJUSTMENT
THEREOF PURSUANT TO RCW 58.17.060 AND ACKNOWLEDGE THAT SAID SUBDIVISION
SHALL NOT BE FURTHER DIVIDED IN ANY MANNER WITHIN A PERIOD OF FIVE YEARS FROM
DATE OF RECORD, WITHOUT THE FILING OF A FINAL PLAT. THE UNDERSIGNED FURTHER
DECLARE THIS SHORT PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SAME, AND 15
MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE OWNER.
IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS.
COSTCO WHOIFCA1F CORPORATION, A WASHINGTON CORPORATION
BY:
ITS:
ACKNOWLEDGMENT
STATE OF WASHINGTON
SS.
COUNTY OF KING
I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT
IS THE PERSON WHO APPEARED
BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT(S) HE SIGNED THIS INSTRUMENT,
ON OATH STATED(S) HE EXECUTED THE INSTRUMENT AS
OF COSTCO WHOLESALE CORPORATION, AND ACKNOWLEDGED IT TO BE THE FREE AND
VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE
INSTRUMENT.
DATED THIS DAY OF
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON
PRINTED NAME
RESIDING AT
MY APPOINTMENT EXPIRES
, 20_.
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APPROVALS
TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL
REVIEWED AND APPROVED BY THE SHORT SUBDIVISION COMMITTEE AND HEREBY CERTIFIED FOR
FIUNG THIS _ DAY OF 20�
CHAIRPERSON, SHORT SUBDIVISION COMMITTEE
KING COUNTY DEPARTMENT OF ASSESSMENTS
EXAMINED AND APPROVED THIS DAY OF 20__
KING COUNTY ASSESSOR DEPUTY ASSESSOR
362304-9107-00 & 252304-9063-05
TAX ACCOUNT NUMBER
f
RECORDER'S CERTIFICATE
FILED FOR RECORD THIS __ DAY OF
20_ AT _ M IN BOOK OF AT PAGES
AT THE REQUEST OF BARGHAUSEN CONSULTING
ENGINEERS, INC.
• MANAGER SUPT. OF RECORDS
EXISTING LEGAL DESCRIPTIONS
(PER FIRST AMERICAN TITLE INSURANCE COMPANY
AUGUST 17, 2017)
PARCEL A:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON.
SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 23
DESCRIBED AS FOLLOWS:
TITLE COMMITMENT. ORDER NO. NCS-615619-WA1, DATED
SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 23 NORTH.
AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE
NORTH. RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON,
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 26;
THENCE NORTH 87'44'08" WEST ALONG THE SOUTH UNE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST OF SECTION 26, A DISTANCE 166.45;
THENCE NORTH 1'47'29" EAST, S DISTANCE OF 515.60 FEET;
THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 300.00. AN ARC DISTANCE OF 131.82 FEET TO THE
NORTH UNE OF A PARCEL OF LAND CONVEYED TO REX ALUSON, ET AL, BY DEED RECORDED UNDER RECORDING
NO. 5917083, AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88'12'31" EAST, DISTANCE OF 1,074.19 FEET TO THE WEST MARGIN OF THE JAMES CHRISTENSON
ROAD;
THENCE SOUTH 47'07'21" WEST ALONG SAID WEST MARGIN. A DISTANCE OF 273.03 FEET;
THENCE SOUTH 30'24'21" WEST ALONG SAID WEST MARGIN. A DISTANCE OF 352.82 FEET:
THENCE NORTH 01'47'29" EAST, A DISTANCE OF 471.67 FEET;
THENCE NORTH 88'12'31: WEST, A DISTANCE OF 732.22 FEET TO THE CENTERUNE OF AN EASEMENT RECORDED
UNDER RECORDING NO. 6446751;
THENCE NORTHLY ALONG SAID CENTERLINE, A DISTANCE OF 32.40 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B:
THAT PORTION OF GOVERNEMENT LOT 1 OF SECTION 35 AND GOVERNMENT LOT 1 OF SECTION 36 AND
GOVERNMENT LOT 8 OF SECTION 26, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON. DECRIBED AS FOLLOWING:
BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1 OF SECTION 35;
THENCE SOUTH 01'19'01" WEST ALONG THE EAST LINE OF GOVERNMENT LOT 1 OF SAID SECTION 35 A DISTANCE
OF 82.38 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88'08'21" WEST A DISTANCE OF 167.24 FEET;
THENCE NORTH 01'51'39" EAST A DISTNACE OF 83.55 FEET;
THENCE NORTH 01'47'29" EAST A DISTANCE OF 515.60 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET. AN ARC DISTANCE OF 99.43 FEET
THROUGH A CENTRAL ANGLE OF 18'59'26";
THENCE SOUTH 8812'31" EAST A DISTANCE OF 723.22 FEET;
THENCE SOUTH 01'47'29" WEST A DISTANCE OF 471.67 FEET TO THE WEST MARGIN OF THE JAMES CHRISTENSEN
ROAD;
THENCE SOUTH 30'24'21" WEST ALONG SAID WEST MARGIN A DISTANCE OF 60.08 FEET;
THENCE SOUTH 07'32'21" WEST ALONG SAID WEST MARGIN A DISTANCE OF 174.08 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL C:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER 30 FOOT STRIP OF LAND DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST OF SECTION 26 AND GOVERNMENT LOT 8, IN
SECTION 25, ALL IN TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST OUARTER OF THE
SOTHEAST QUARTER OF SECTION 26:
THENCE NORTH 87'44'08" WEST ALONG THE SOUTH UNE OF SAID SOUTHEAST OUARTER OF SECTION 26, A
DISTANCE OF 166.45 FEET:
THENCE NORTH 01'47'29" EAST, A DISTANCE OF 515.60 FEET;
THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 300.00 FEET, AN ARC DISTANCE OF 99.43 FEET
THROUGH A CENTRAL ANGLE OF 18'59'26" TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88'12'31" WEST. A DISTANCE OF 257.91 FEET TO THE EASTERLY MARGIN OF ANDOVER PARK EAST;
THENCE ALONG SAID EASTERLY MARGIN ALONG A CURVE TO THE RIGHT THE CENTER OF WHICH BEARS SOUTH
71'29'01" EAST HAVING A RADIUS OF 270.00 FEET, AN ARC DISTANCE OF 20.33 FEET TO A POINT OF REVERSE
CURVE;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 330.00 FEET, AN ARC DISTANCE OF 11.46 FEET;
THENCE SOUTH 88'12'31" EAST, A DISTANCE OF 970.63 FEET;
THENCE SOUTH 01'47'26" WEST, A DISTANCE OF 30.00 FEET;
THENCE NORTH 88'12'31" WEST, A DISTANCE OF 723.22 TO THE TRUE POINT OF BEGINNING.
PARCEL D: (NOT A PART OF BOUNDARY UNE ADJUSTMENT)
THAT PORTION OF GOVERNMENT LOT 1 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING
COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1 OF SECTION 35;
THENCE NORTH 01'19'O1" WEST ALONG THE EAST UNE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 82.38 FEET;
THENCE NORTH 88'08'21" WEST A DISTANCE OF 167.24 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 88'08'21" WEST A DISTANCE OF 253.00 FEET TO THE EAST UNE OF ANDOVER PARK
EAST;
THENCE NORTH 01'51'39" EAST ALONG SAID EAST UNE A DISTANCE OF 48.00 FEET; THENCE SOUTH 88'08'21"
EAST A DISTANCE OF 253.00 FEET TO THE WEST LINE OF PARCEL "A";
TTHENCE SOUTH 01'51'39" WEST ALONG SAID WEST LINE A DISTANCE OF 48.00 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL E: (NOT A PART OF BOUNDARY UNE ADJUSTMENT)
THAT PORTION OF GOVERNMENT LOT 1, IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1, THENCE NORTH 87'44'08" WEST ALONG THE
NORTH UNE THEREOF 166.45 FEET TO THE CENTERUNE OF CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD
RIGHT-OF-WAY EASEMENT;
THENCE SOUTH 01'51'39" WEST ALONG SAID CENTERUNE 83.55 FEET: THENCE NORTH 88'08'21" WEST 253.00
FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE SOUTH 88'08'21" EAST 226.00 FEET;
THENCE SOUTH 86'25'18" WEST 211.95 FEET;
THENCE SOUTH 37'43'51" WEST 25 FEET TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS NORTH
01'51'39" EAST:
THENCE NORTH 01'51'39" EAST TO THE TRUW POINT OF BEGINNING.
PARCEL F:
LOT D OF CRY OF TUKWILA SHORT PLAT ND. L-94-0055. ACCORDING TO THE SHORT PLAT RECORDED DECEMBER
26, 1995 UNDER RECORDING N0. 9512269001, IN KING COUNTY. WASHINGTON.
LAND SURVEYOR'S CERTIFICATE:
THIS BOUNDARY UNE ADJUSTMENT CORRECTLY REPRESENTS A
SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE
WITH STATE AND COUNTY STATUTES IN SEPTEMBER 2017.
OWEN B. HILLE, PLS
WASHINGTON REGISTRATION NO. 40016
12/27/2017
DATE
18215 72ND AVENUE SOUTH
KENT, WA 98032
(425)251-6222
(425)251-8782 FAX
CML ENGINEERING. LAND PUNNING.
SURVEYING. ENVIRONMENTPL SEFMCES
VOL. PG.
NEW LEGAL DESCRIPTIONS
LOT 1:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST OUARTER OF SECTION 25,
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26,
GOVERNMENT LOT 1 IN THE NORTHEAST QUARTER OF THE NORTHEAST OUARTER OF SECTION 35
AND GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF THE NORTHWEST OUARTER OF SECTION 36,
ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST. W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1 IN THE NORTHEAST OUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 35;
THENCE SOUTH 01'19'53" WEST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE 82.38 FEET TO THE
NORTH UNE OF LOT D OF CITY OF TUKWILA SHORT PLAT N0. L-94-0055, ACCORDING TO THE SHORT PLAT
RECORDED DECEMBER 26, 1995 UNDER RECORDING NO. 9512269001;
THENCE NORTH 88'07'29" WEST. ALONG SAID NORTH LINE A DISTANCE OF 167.23 FEET TO THE NORTHWEST
CORNER OF SAID LOT D OF CITY OF TUKWILA SHORT PLAT NO. L-94-0055 AND THE POINT OF BEGINNING;
THENCE NORTH 01'52'31" EAST, A DISTANCE OF 83.54 FEET;
THENCE NORTH 01'48'21" EAST, A DISTANCE OF 515.61 FEET TO A POINT OF CURVATURE TO THE RIGHT HAVING A
RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 25'10'36":
THENCE NORTHERLY ALONG THE ARC A DISTANCE OF 131.82 FEET:
THENCE SOUTH 88'11'39" EAST, A DISTANCE OF 1,074.19 FEET TO THE WEST MARGIN OF THE JAMES
CHRISTENSON ROAD:
THENCE SOUTH 47'08'13" WEST, A DISTANCE OF 273.03 FEET;
THENCE SOUTH 30'25'13" WEST. A DISTANCE OF 412.90 FEET:
THENCE SOUTH 07'33'13" WEST, A DISTANCE OF 174.08 FEET;
THENCE SOUTH 07'41'57" WEST, A DISTANCE OF 51.00 FEET;
THENCE SOUTH 10'51'48" EAST, A DISTANCE OF 197.12 FEET TO THE SOUTHEAST CORNER OF SAID LOT D;
THENCE NORTH 88'21'23" WEST, ALONG THE SOUTH LINE OF SAID LOT D FOR A DISTANCE OF 302.95 FEET TO A
POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 115.00 FEET AND A CENTRAL ANGLE OF 22'37'02";
THENCE WESTERLY ALONG THE ARC A DISTANCE OF 45.40 FEET;
THENCE NORTH 01'52'31" EAST. A DISTANCE OF 253.26 FEET TO A POINT ON THE NORTH LINE OF SAID LOT D;
THENCE NORTH 88'07'29" WEST, ALONG SAID NORTH LINE FOR A DISTANCE OF 384.60 FEET TO THE POINT OF
BEGINNING.
LOT 2:
THAT PORTION OF GOVERNMENT LOT 1 IN THE NORTHEAST OUARTER OF THE NORTHEAST QUARTER OF SECTION 35
AND GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36,
ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1 IN THE NORTHEAST OUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 35;
THENCE SOUTH 01'19'53" WEST ALONG THE EAST UNE OF SAID SECTION 35, A DISTANCE 82.38 FEET TO THE
NORTH UNE OF LOT D OF CITY OF TUKWILA SHORT PLAT NO. L-94-0055, ACCORDING TO THE SHORT PLAT
RECORDED DECEMBER 26. 1995 UNDER RECORDING N0. 9512269001;
THENCE NORTH 88'07'29" WEST, ALONG SAID NORTH LINE A DISTANCE OF 167.23 FEET TO THE NORTHWEST
CORNER OF SAID LOT D OF CITY OF TUKWILA SHORT PLAT NO. L-94-0055 AND THE POINT OF BEGINNING;
THENCE SOUTH 01'52'31" WEST, ALONG THE WEST LINE OF SAID LOT D FOR A DISTANCE OF 283.98 FEET TO THE
SOUTHWEST CORNER OF SAID LOT D;
THENCE SOUTH 8847'49" EAST, ALONG THE SOUTH LINE OF SAID LOT D FOR A DISTANCE OF 334.20 FEET TO A
POINT OF CURVATURE TO THE LEFT, CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 30.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40'29'14' FOR AN ARC DISTANCE OF
21.20 FEET TO A POINT OF REVERSE CURVATURE HAVING A RADIUS OF 115.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'18'19" FOR AN ARC DISTANCE OF
36.74 FEET;
THENCE NORTH 01'52'31" EAST, A DISTANCE OF 253.26 FEET TO A POINT ON THE NORTH LINE OF SAID LOT D.
THENCE NORTH 88'07'29" WEST, ALONG SAID NORTH LINE FOR A DISTANCE OF 384.60 FEET TO THE POINT OF
BEGINNING.
DRAWN BY
KJR
DATE
12/27/17
SCALE:
N/A
CHECKED BY:
OBH
JOB NO.:
7880
f
L /8-oa58'
PTN OF THE NW1/4 OF THE NW1/4 OF SEC. 36,
THE NE1/4 OF THE NE1/4 OF SEC. 35,
THE SW1/4 OF THE SW1/4 OF SEC. 25,
THE SE1/4 OF THE SE1/4 OF SEC. 26,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.
CITY OF TUKWILA, KING COUNTY, WASHINGTON
0
0
01
LL
0
0
ai
E
a
co
epu
SHEET
1
OF
300'
113 2018
ommunity
velopment
City of Tukwila
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone (206) 431-3670 FAX (206) 431-3665
E-mail: planning@tukwilaWA.gov
BOUNDARY LINE ADJUSTMENT NO.
30'
30'
A=6.11'10'
R.300.00'
L.32.39'
750
P REC. CAS. MENT
\NC
R 14PA45gp69
PMER\N tiPZ6 , 30
p? oNE
33.
30'
SOUTH LINE SEC. 26, T23N.. RO4E., W.M.
NORTH LINE SEC. 35, T23N., R04E7W.M.
APN 352304-9089
(PARCELS D & E ARE NOT
A PART OF BLA)
INGRESS/EGRESS EASEMENTS
OVER APN 352304-9089
REC. NO. 6690772
REC. NO. 6691762
REC. NO. 7104230129
REC. NO. 7105100417
REC. NO. 9508100740
REC. NO. 9608130150
10' WIDE OWEST EASEMENT
REC. NO. 20050209001089
30'
��1N09ogg
\ 2e23O.(vc
P p .NiONEO
27' 27'
N.W. CORNER LOT D, TUK SP L-94-0055
(P.O.B. OF NEW LOTS 1 & 2)
KONN
909'
.LENS AN2423O 3
a P Ni014
P�SC9055
v+11 kai,z-°.00
UTIUTY EASEMENT
REC. N0. —
7105100417
27.0'
01tP'f c'35�30A�g0TT
PpN
\,G
C1\�15
Y CAS 35 °Ag0
WEST PROPERTY LINE IS THE CENTERLINE 0
EASEMENTS 6375443 & 6375444
AND
54' WIDE R.R. EASEMENT PER
7407110552 & 6446751
ALL SHOWN PER SHORT PLAT L-94-0055
EXISTING LOT AREAS
LOT 1: 606,614± SQ. FT. (13.922 AC.)
LOT 2: 186.228± SQ. FT. (4.28± AC.)
NEW LOT AREAS
LOT 1: 685,090± SO. FT. (15.73± AC.)
LOT 2: 107,752± SO. FT. (2.47± AC.)
32.9
PARCEL, C-30' WIWIDEN84 E330. /EORE33750 EASEL03JT
r--
901\
A P N � ��KytUA
eK
S88'11'39'E 1074.19'
54' RAILROAD EASEMENT
REC. NO. 6446750
REC. N0. 6446751
REC. N0. 7407120562
L-
26
25
LOT 1
A.P.N 252304-9063
EXISTING STRUCTURE'
(TO REMAIN)
COMMON CORNER TO SECTIONS 25, 26, 35 & 36
(RECORD LOCATION. MONUMENT NOT FOUND)
INGRESS/EGRESS EASEMENT
REC. N0. 9608130150-'
(EXTENDS TO ANDOVER PARK EAST)
S8743'16'E 166.45' 35; 336
S1'19'53 W 82.38' I
167.23'
10
OWEST EASEMENT I
REC. No. J
20050209001088
27.0' 10.0'
78.8'-
49.'
I-1
J
SAXON DRIVE I
N88'07'29'W 384.60'
LOT 2
r
S88'47'49'E 334.20'
p'1
Z1 z
N
2
60.6'
r
Lr.
--50.5'
J
A=18'18'19'
R.115.00'
L=36.74'
A=40.29' 14'
R=30.00'
L=21.20'
165.2'
N8607'291V 308.85'
OLD LOT LINE TO BE REMOVED
A=22'37'02"
R=115.00'
L-45.40'
ti,61 14
N°20A-90
A p.14' d tVKN1\ p,00y5
or( OP NO C 6gp0\
p\y."( 95\22
5- NO
S88'21'23'E 302.95'
40.0'
�ry
/
/
/
/
/
SOUTH LINE SEC
I NORTH LINE SEC
NT41'57'E 51.00'
40.0
It
0
e
12/277/2017
f
18215 72ND AVENUE SOUTH
KENT, WA 98032
(425)251-6222
(425)251-8782 FAX
•
CML ENGINEERING, LAND PLANNING,
SURVEYING. EMANONMENTAL SERVICES
(DRAWN 8Y
KJR
40.0
(
.1.0- g010
of
c 25230/
Pp,N
/
/
/
/ N
/
ill
aGNgV
ar, -7:7',,,
xaa°°°
25 T23N., RO4E., W.M.
36, T23N., RO4E., W.M.
0
50
100
VOL. PG.
200
SCALE: 1'=100'
SURVEYOR'S NOTES
HORIZONTAL DATUM - BASIS OF BEARING:
THE BEARING OF THE UNE BETWEEN THE
136 AND 1384 TAKEN AS SOUTH 44'36'58-
AMERICAN DATUM OF 1983(91)
1. ALL TITLE INFORMATION USED FOR
SURVEY WAS PROVIDED BY FIRST AMERICAN
BY TITLE ORDER NUMBER NCS-615619-WA1
WSDOT POINT ID NUMBERS
EAST. BASED UPON NORTH
THE. PURPOSE OF THIS
TITLE INSURANCE COMPANY
, DATED AUGUST 17, 2017.
2. MONUMENTS AND SURVEY CONTROL USED TO DEFINE BOUNDARY
WAS VISITED IN MARCH OF 2006.
4. THIS IS A FIELD TRAVERSE SURVEY. A SOKKIA FIVE -SECOND
ELECTRONIC TOTAL STATION, TRIMBLE 5600 ROBOTIC TOTAL STATION
AND A SPECTRA FOCUS 35 WAS USED TO MEASURE THE ANGULAR AND
DISTANCE RELATIONSHIPS BETWEEN THE CONTROLLING MONUMENTATION
AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED
THOSE SPECIFIED IN WAC 332-130- 090.
5. ALL DISTANCES ARE GROUND DISTANCES IN U.S. SURVEY FEET
6. SEE SHEET 3 OF 3 FOR ALL TIRE INFORMATION
L/8' aos(
DATE
12/27/17
SCALE: .
1- = 100'
CHECKED BY:
08H
JOB NO.:
7880
PTN OF THE NW1/4 OF THE NW1/4 OF SEC. 36,
THE NE1/4 OF THE NE1/4 OF SEC. 35,
THE SW1/4 OF THE SW1/4 OF SEC. 25,
THE SE1/4 OF THE SE1/4 OF SEC. 26,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.
CITY OF TUKWILA, KING COUNTY, WASHINGTON
OHILLE Xref:
0
In
CL
0
0
CV
0
4
3
0
0
N
i
0
{tj�
I-d 90.
0
0
SHEET
2
OF
10/
gV,'D
jL 1.3 2818
;ommunity
evelopment
City of Tukwila
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone (206) 431-3670 FAX (206) 431-3665
E-mail: planning@tukwilaWA.gov
BOUNDARY LINE ADJUSTMENT NO.
TITLE NOTES
(PER FIRST AMERICAN TITLE INSURANCE COMPANY TITLE COMMITMENT, ORDER NO. NCS-615619—WA1,
1-2. THESE ITEMS HAVE BEEN INTENTIONALLY DELETED
3. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED CONTAINED THEREIN:
RECORDING INFORMATION: DECEMBER 12, 1968 UNDER RECORDING N0. 6446750
FOR: INGRESS, EGRESS AND UTILITIES
AFFECTS: (PARCEL A) AS DESCRIBED THEREIN
(SHOWN)
4-5. THESE ITEMS HAVE BEEN INTENTIONALLY DELETED
6. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED CONTAINED THEREIN:
RECORDING INFORMATION: MAY 10, 1971 UNDER RECORDING NO. 7105100417
IN FAVOR OF: CITY OF TUKWILA
FOR: UTILITY MAINS
AFFECTS: AS DESCRIBED THEREIN
(SHOWN, ACCESS THROUGH APN 352304-9089 TO ANDOVER PARK EAST)
7. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED CONTAINED THEREIN:
RECORDING INFORMATION: FEBRUARY 9, 2005 UNDER RECORDING NO. 20050209001088
IN FAVOR OF: OWEST CORPORATION, A COLORADO CORPORATION
FOR: TELECOMMUNICATIONS FACIUTIES, ELECTRICAL FACIUTIES AND
APPURTENANCES
AFFECTS: AS DESCRIBED THEREIN
(10' STRIP SHOWN)
8. NOT APPLICABLE TO BE SHOWN ON SURVEY.
9. THIS ITEM WAS INTENTIONALLY DELETED
10. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: SEPTEMBER 8, 1970 UNDER RECORDING NO. 6690772
IN FAVOR OF: WILLIAM E. BOEING, JR.
FOR: INGRESS AND EGRESS
AFFECTS: (PARCEL E) AS DESCRIBED THEREIN
11. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: SEPTEMBER 10, 1970 UNDER RECORDING NO. 6691762
IN FAVOR OF: WILLIAM E. BOEING, JR.
FOR: INGRESS AND EGRESS
AFFECTS: (PARCEL 0) AS DESCRIBED THEREIN
(SHOWN, ACCESS THROUGH APN 352304-9089 TO ANDOVER PARK EAST)
12. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: APRIL 23, 1971 UNDER RECORDING NO. 7104230129
IN FAVOR OF: WILLIAM E. BOEING, JR.
FOR: INGRESS AND EGRESS
AFFECTS: (PARCEL D) AS DESCRIBED THEREIN
(SHOWN. ACCESS THROUGH APN 352304-9089 TO ANDOVER PARK EAST)
13. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: AUGUST 10, 1995 UNDER RECORDING NO. 9508100740
IN FAVOR OF: JANENE M. SIERS
FOR: ACCESSING THE PROPERTY FOR EMPLOYEE PARKING
AFFECTS: (PARCEL D) AS DESCRIBED THEREIN
(SHOWN. ACCESS THROUGH APN 352304-9089 TO ANDOVER PARK EAST)
14. EASEMENT. INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: FEBRUARY 9, 2005 UNDER RECORDING NO. 20050209001089
IN FAVOR OF: OWEST CORPORATION, A COLORADO CORPORATION
FOR: TELECOMMUNICATIONS FACIUTIES, ELECTRICAL FACILITIES AND
APPURTENANCE
AFFECTS: (PARCEL D) AS DESCRIBED THEREIN
(SHOWN. ACCESS THROUGH APN 352304-9089 TO ANDOVER PARK EAST)
15. NOT APPLICABLE TO BE SHOWN ON SURVEY.
16. THIS ITEM HAS BEEN INTENTIONALLY DELETED.
17. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: JULY 27, 1993 UNDER RECORDING NO. 9307270762
IN FAVOR OF: PUGET SOUND POWER AND UGHT COMPANY. A WASHINGTON
CORPORATION
FOR: UNDERGROUND ELECTRIC SYSTEM
AFFECTS: AS DESCRIBED THEREIN.
(10. WIDE AS —CONSTRUCTED OVER APN 362304-9107 & 9074 TO SOUTH)
DATED AUGUST 17, 2017) 18. EASEMENT. INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: SEPTEMBER 22, 1993 UNDER RECORDING NO. 9309220430
IN FAVOR OF: WASHINGTON NATURAL GAS COMPANY. A WASHINGTON CORPORATION
FOR: GAS PIPELINE OR PIPELINES
AFFECTS: AS DESCRIBED THEREIN.
(10' WIDE AS —CONSTRUCTED OVER APN 382304-9107 & 9074 TO SOUTH)
19. EASEMENT. INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: DECEMBER 26, 1995 UNDER RECORDING N0. 9512260577
FOR: UTILITY LINES AND FACILITIES
AFFECTS: AS DESCRIBED THEREIN
(FOR DRIVE AISLE AND UTILITIES ALONG EAST ACCESS FROM S. 180TH ST.)
20. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS, IF ANY, AS CONTAINED AND/OR DELINEATED ON
THE FACE OF THE SHORT PLAT NO. L-94-0055 RECORDED DECEMBER 26, 1995 UNDER RECORDING NO. 9512269001. IN KING
COUNTY, WASHINGTON.
21. COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS:
RECORDED: JUNE 12. 1996
RECORDING NO.: 9606122127
DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED SEPTEMBER 27, 1996 AND DECEMBER 31, 1997 AS RECORDING NOS.
9609270519 AND 9712312418 OF OFFICIAL RECORDS.
(FOR DRIVE AISLE AND UTILITIES OVER WEST & EAST OF APN 362304-9107)
22. THE TERMS, PROVISIONS AND EASEMENT(S) CONTAINED IN THE DOCUMENT ENTITLED "FIRE PROTECTION WATER SUPPLY
EASEMENT AGREEMENT- RECORDED MARCH 17. 1997 AS RECORDING NO. 9703170707 OF OFFICIAL RECORDS.
23. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: DECEMBER 12, 1968 UNDER RECORDING NO. 6446751
IN FAVOR OF: CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, THE
OREGON—WASHINGTON RAILROAD NAVIGATION COMPANY AND ITS
LESSEE. UNION PACIFIC RAILROAD COMPANY
FOR: THE CONSTRUCTION. MAINTENANCE AND OPERATION OF A RAILROAD RIGHT
OF WAY AND RAILROAD TRACKS
AFFECTS: AS DESCRIBED THEREIN
(FOR RAILROAD EASEMENT ALONG THE WEST AS NOTED)
24. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN:
RECORDING INFORMATION: JULY 12, 1974 UNDER RECORDING N0. 7407120562
IN FAVOR OF: CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, A
WISCONSIN CORPORATION, THE OREGON—WASHINGTON RAILROAD AND
NAVIGATION COMPANY, AN OREGON CORPORATION AND ITS LESSEE,
UNION PACIFIC RAILROAD COMPANY, A UTAH CORPORATION
FOR: THE RIGHT TO INSTALL, MAINTAIN AND OPERATE STANDARD GAUGE
RAILROAD TRACKS
AFFECTS: AS DESCRIBED THEREIN
(FOR RAILROAD EASEMENT ALONG THE WEST AS NOTED)
25. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED EASEMENT AGREEMENT, EXECUTED BY AND BETWEEN HOME
DEPOT U.S.A.. INC., A DELAWARE CORPORATION AND COSTCO WHOLESALE CORPORATION, A WASHINGTON CORPORATION, RECORDED
AUGUST 13, 1996 AS INSTRUMENT NO. 9608130150 OF OFFICIAL RECORDS.
(FOR SAXON DRNE CONNECTING TO ANDOVER PARK EAST)
26. NOT APPUCABLE TO BE SHOWN ON SURVEY.
27. COVENANTS. CONDITIONS, RESTRICTIONS AND/OR EASEMENTS:
RECORDED: FEBRUARY 28. 1961
RECORDING NO.: 5256443
DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED SEPTEMBER 22, 1961, NOVEMBER 1, 1962, FEBRUARY 10, 1967,
FEBRUARY 24, 1967. MAY 22, 1967, JUNE 12, 1967 AND JUNE 6, 1994 AS RECORDING NOS. 5332848, 5500900, 6138154,
6138155, 6138173. 6143022, 6180358, 6188232 AND 9406061388 OF OFFICIAL RECORDS.
SAID RECORDING N0. 9406061388 RECORDED JUNE 6. 1994 IS A RE—RECORD OF RECORDING N0. 8703200329, RECORDED MARCH
20, 1987.
28-37. NOT APPUCABLE TO BE SHOWN ON SURVEY.
VOL. PG.
ide-oacr
18215 72ND AVENUE SOUTH
KENT, WA 98032
(425)251-6222
(425)251-8782 FAX
CML ENGINEERING. LAND PLANNING.
SURVEYING. ENVIRONMENTAL SERVICES
DRAWN BY
KJR
DATE
12/27/17
SCALE:
N/A
CHECKED BY:
OBH
JOB NO.:
7880
PTN OF THE NW1/4 OF THE NW1/4 OF SEC. 36,
THE NE1/4 OF THE NE1/4 OF SEC. 35,
THE SW1/4 OF THE SW1/4 OF SEC. 25,
THE SE1/4 OF THE SE1/4 OF SEC. 26,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.
CITY OF TUKWILA, KING COUNTY, WASHINGTON
x
0
712
0
N
d
0
0
LNI
0
rn
0
0
0
co
r r
ai
r
SHEET
3
OF
3j
SL 13 2011i
ommunity
evelopment