HomeMy WebLinkAboutCAG2019-184 - Other - Sound Transit - Federal Way Link Extension Project: Lowe's Open Space Covenant & Restrictions - 03/17/2021 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr: �
Agreement Routing Form Dir Asst:
,•r For Approvals,Signatures and Records Management Dir/Dep:
El�T This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Optional)
W A S H I N O T O N (Print on pink or cherry colored paper)
Originator: Department:
Kelly Peterson Mayor's Office
Date Sent: Date Required:
> 03/16/2021 3-23-2021
0
A. Authorized to Sign? Date of Council Approval:
O' Director or Designee Mayor N A a
a ❑ ❑ l ACC 3 0 -)?v.t,. .
Budqet Account Number: Grant?®Yes r]lo
Budget?t? Yes®No Type: N/A
Vendor Name: Category:
Sound Transit Other
Vendor Number: Sub-Category:
c Other
0
Project Name: Federal Way Link Extension - Lowe's Covenant
E
0
ProjectDetails:Revised covenant on the Lowe's property, with building mod.
c
aV
Agreement Amount: $ 0.00 Basis for Selection of Contractor: Other
E *Memo to Mayor must be attached
A. Start Date: N/A Termination Date: N/A
11711
a Local Business?❑Yes❑N0* lfineels requirements per KCC3.70.10i,vleo5e complete'Vendor Purchose-Local Exceptions"form onCityspace.
Business License Verification:❑Yes Din-Process®Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
MYes0No N/A
Comments:
c This document revises the recorded covenant on the Lowe's property to allow
Z the construction of the FWLE as designed. The provides indemnification to
3 o0c Kent. A building modification is also drafted in conjunction with his
a, document to be issued after the covenant is recorded. .�p
N
Date Received b City Attorrre
cl: v y v )od
apt Date Routed to the Mayor's Office:
iA
Date Routed to the City Clerk's Office: [I
ddA22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.200821
Instrument Number:20210329001835 Document:COV Rec: S122.50 Page-1 of 20
Record Date:3/29/2021 3:07 PM
Electronically Recorded King County,WA
When Recorded Return To:
City of Kent
Property Management
220 4th Avenue South
Kent,WA 98032
Reference No: 20050818003369
Grantors: Guardian Capital Management,LLC
Central Puget Sound Regional Transit Authority
Grantee: City of Kent
Abbreviated Legal Description:
Assessor's Tax ParcelNo. 551400-0010
Project Name: Federal Way Link Extension —Structure B/Lowe's Clear Yard
Covenant
OPEN SPACE COVENANT AND RESTRICTIONS
This Agreement is entered into by and between Guardian Capital Management,
LLC, a Washington limited liability company, ("Property Owner"); Central Puget Sound
Regional Transit Authority, a Washington regional transit authority, ("Sound Transit");
and the City of Kent, a Washington municipal corporation, ("City").
L RECITALS
1.1 Through prior development approval, the Property Owner was allowed to
construct an unlimited area building (referred to as the "Primary Buildings") under the
International Building Code("IBC")upon property legally described in the attached and
incorporated Exhibit A ("Property"). Under the IBC, development of an unlimited area
building required that the Primary Buildings be surrounded and adjoined by not less than
60 feet of open space preserved by Public Ways and Yards. At the time of the Property's
OPEN SPACE COVENANT AND RESTRICTIONS-Page 1
Instrument Number:20210329001835 Document:COV Rec: S122.50 Page-2 of 20
Record Date:3/29/2021 3:07 PM King County,WA
original development, there was no Public Way within the necessary 60 feet of open space.
As a result, the 60 feet of open space was required to be preserved on the Property as a
"Yard," as that term is defined by the IBC. On August 18, 2005, a Clear Yard Covenant
and Restrictions was recorded against the Property under King County Recording No.
20050818003369 to memorialize and preserve the open space requirement.
1.2 Under the IBC, a Yard is to remain as open space that is unobstructed from
the ground to the sky.However,the IBC does allow the entire width of an adjoining "Public
Way"to be included within the required. 60 feet of open space.The IBC defines a"Public
Way" as "a street,alley or other parcel of land open to the outside air leading to a street,
that has been deeded, dedicated or otherwise permanently appropriated to the public for
public use and which has a clear width and height of not less than 10 feet(3048) min."
1.3 Since original development of the Property, Sound Transit has acquired a
Non-Exclusive Guideway Easement on a portion of the Property legally described in the
attached and incorporated Exlnbit B("Easement Area")to construct and operate a light rail
guideway. The Easement .Area falls within the 60 feet of open space required to be
preserved under the IBC and the Clear Yard Covenant and Restrictions. Sound Transit has
additionally submitted to the City a project permit application for Structure B of the Federal
Way Link Extension Project, Permit Application Tracking Number 2200367, seeking
permit approval to construct and operate the guideway within the Easement Area as
depicted in the attached and incorporated Exhibit C("Improvements").
1.4 The City's Building Official has determined that Sound Transit's
construction and operation of the Improvements would not create a Public Way under the
current definition of that term as provided for by the IBC because Sound Transit acquired
only an easement. However, fire engineers for Sound Transit and the City's fire code
official have determined that construction and operation of the light rail guideway within
the Easement Area will not lessen health, accessibility, life and fire safety or structure
requirements, even though it is within the Open Space Area,because the guideway is non-
combustible (IBC Type I construction) and will not hinder firefighting operations. As such,
Sound Transit requested, and Kent's building code official granted, issuance of a
modification under Section 104.10 of the IBC to allow construction and operation of the
light rail guideway within the Easement Area under the terms of this Open Space Covenant
and Restrictions.
1.5 In exchange for the consideration of permit approval as the project was
originally designed, contingent upon the City's determination of compliance with all other
pertinent provisions of the IBC and other pertinent regulations, and other good and valuable
consideration, Sound Transit, Property Owner, and the City agree that the Property, the
Open Space Area,and the Easement Area shall be held, sold, and conveyed subject to the
following covenants and restrictions:
OPEN SPACE COVENANT AND RESTRICTIONS-Page 2
Instrument Number:20210329001835 Document:COV Rec: S122.50 Page-3 of 20
Record Date:3/29/2021 3:07 PM King County,WA
II. AGREEMENT
2.1 Hodi� icalion "I"r•ior Covenant. Upon the date and time this Agreement is
recorded with the King County Recorder's Office, the terms and conditiz)ns of the Clear
Yard Covenant and Restrictions recorded under recording number 20050818003369 shall
be replaced in their entirety with the text of this Agreement.
2.2 �airzCaizrrz w _ar irrrzZ 1`arri oz, nii �a . Through this
Agreement, the Property Owner covenants and agrees that the Primary Buildings on the
Property shall be surrounded and adjoined by "Public Ways" or "Yards", as those terms
are defined in the IBC,of not less than 60 feet in width, as legally described in Exhibit D-
1 and depicted in Exhibit D-2 (collectively, "Open Space Area"), both of which are
attached and incorporated herein. All Yards or portions thereof shall be maintained free of
any building or structure. This Agreement shall not, however, prevent the Yard or any
portion thereof from being used for driveways, sidewalks, curbs and gutters, parking,
landscaping and similar uses which do not constitute buildings or structures as
contemplated by the IBC. For purposes of this Agreement and the IBC,the parties agree
the Easement Area shall be interpreted and applied as meeting the definition of a Public
Way under the IBC allowing the light rail guideway to be constructed and operated within
the Open Space Area without violating the IBC.
2.3 Futuiv Expansion o Existi'n x Budcfitig�j. The Open Space Area will be
maintained as either a Yard or Public Way,or a combination thereof,so long as the IBC or
another building code adopted by the City of Kent may require. This Agreement shall not
prohibit the expansion of any buildings into the Open Space Area as described in Exhibit
D-I so long as the buildings are entirely surrounded and adjoined by a Public Way or Yard,
as defined in the IBC,of not less than 60 feet in width, or such other measurement as the
IBC or future building codes may require, subject to compliance with the requirements in
Section 2.5 below.
2.4 Ihnendment Rey uit?S Building(YliciylApproval. The Agreement shall not
be amended or released without the prior written consent of the City's Building Official,
which shall be recorded with King County. The consent to an amendment or release by the
Building Official shall not be given unless the proposal is in compliance with the then
current building code adopted by the City.
2.5 En or'cem nto A reementand IBC. The parties acknowledge that the City
has the power to enforce this Agreement as it would any other code violation, including
the refusal to issue building permits for any buildings or structures that would unlawfully
encroach within the Open Space Area in violation of the IBC or other adopted building
code.
2.6 Indeinnification.Sound Transit will exercise its rights under this Agreement
in accordance with the requirements of all applicable statutes,orders,rules, and regulations
OPEN SPACE COVENANT AND RESTRICTIONS-Page 3
Instrument Number:20210329001835 Document:COV Rec: 5122.50 Page-4 of 20
Record Date:3/29/2021 3:07 PM King County,WA
of any public authority having jurisdiction. In exchange for the City's grant of Sound
Transit's IBC modification request,the issuance of the requested building permit, and other
valuable consideration, Sound Transit will indemnify, defend, and hold the City harmless
from and against any and all claims, costs,liabilities, and damages that arise from the City's
grant of the modification request and issuance of associated permits or Sound Transit's
exercise of its rights granted in this Agreement by Sound Transit or its agents, contractors,
and permittees. The City and Sound Transit agree this guaranty is specifically negotiated
upon the exchange of consideration and specifically as an inducement to grant Sound
Transit a modification under the IBC. As such, the City and Sound Transit agree this
indemnification is a guaranty that falls outside of RCW 4.24.115.
2.7 Authority. Each person executing this Agreement on behalf of a party
represents and warrants to the other parties, on his or her own behalf and on behalf of the
party for which such person signs, that he or she has full authority to bind such Party to the
terms of this Agreement.
2.8 Aniendnient, h�u h i ils. This Agreement may be amended to update
Exhibits A,B,C,D-1 and D-2, provided that such amendment must be agreed upon by all
parties and in compliance with Section 2.5 above.
2.9 Successors,sor a urrriI Assigns. The covenants, restrictions, and agreements set
forth in this Agreement shall(a)be effective upon recording, (b)run with the land, and(c)
be binding upon and inure to the benefit of the Parties and their respective successors,heirs,
and assigns.
2.10 Entire i-eer ient° Recitals: "xhibiist Jnie rdur enl. This Agreement
represents the entire Agreement between the Parties with respect to the subject matter
hereof.The Recitals and Exhibits hereto are a part of and incorporated into this Agreement
by this reference.This Agreement may only be modified or amended by a written document
mutually signed by the parties.
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OPEN SPACE COVENANT AND RESTRICTIONS-Page 4
Instrument Number:20210329001835 Document:COV Rec: 5122.50 Page-5 of 20
Record Date:3/29/2021 3:07 PM King County,WA
2.11 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original, and all of which, when taken together, shall constitute
one and the same ins ent.
THE UNDERSIGNED HAVE READ THE AGREEMENT AND FULL'
UNDERSTAND IT.
w
Signed, sealed, and delivered. this day,of 20 „_/
GUARDIAN CAPITAL.MANAGEMENT,LLC
A Washington limited liability company
_ k "
Its:
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
A Washington regional transit authority
By:
Its:.
CITY OF DENT
A Washington municipal corporation
By:
Its:
(Notary AcknowledgementsAppearon Following Pages)
OPEN SPACE COVENANT AND RESTRICTIONS-Page 5
Instrument Number:20210329001835 Document:COV Rec: S122.50 Page-6 of 20
Record Date:3/29/2021 3:07 PM King County,WA
STATE OF WASHINGTON }
a dS j,: ss.
COUNTY OF K-� }
L
I h reby certify tha, oil the day of _�' a ,2 , I know or have
satisfactoryevidence that `° � - , �IC is the
person who appeared b foke me, and said person acknowledged that s/he signed this
instrument on oath stated that s/he is authorized to execute the instrument on behalf of
GUARDIAN CAPITAL MANAGEMENT, LLC as its
L-L and such execution to be the free and
vohzntary act of such party for the uses and proses mentioned in the foregoing instrument.
-Notary Seal MusstAppear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
I fia
t ON
w "w NOTARY PUBLIC,in and for the State
of Washington, residing at a K ,
1� r 00, O My appointment expires r
op
W*\
OPEN SPACE COVENANT AND RESTRICTIONS-Page 6
Instrument Number:20210329001835 Document:COV Rec: 5122.50 Page-7 of 20
Record Date:3/29/2021 3:07 PM King County,WA
2.11 Counterparl.�. This Agreement may be executed in counterparts, each of
which shall be deemed an original, and all of which, when taken together, shall constitute
one and the same instrument.
THE UNDERSIGNED HAVE READ THE AGREEMENT AND FULLY
UNDERSTAND IT.
Signed, sealed, and delivered this 11 day of W March 2021.
GUARDIAN CAPITAL MANAGEMENT,LLC
A Washington limited liability company
By
Its
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
A Washington regional transit authority
Eyr���e ,.wa w� e Nu.
Its:Deputy Executive Director
CITY OF KENT
A Washington municipal corporation
By:
Its
(NotaryAckno wledgementsAppecaron Follom)ingPages)
OPEN SPACE COVENANT AND RESTRICTIONS-Page 5
Page 5 of 18 548P96625ESC9D ,.
Instrument Number:20210329001835 Document:COV Rec: S122.50 Page-8 of 20
Record Date:3/29/2021 3:07 PM King County,WA
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
1 hereby certify that on the 11 day of March 11 2021, 1 now or. have
satisfactory evidence that _Erie Beckman .� � ��is the
person who appeared before, rne, and said person acknowledged that s/he signed this
instrument on oath started that s/he is aatthor"t ed to execute the instrument on behalf of
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY as its
Deputy Executive Director and such execution to be the free and
voluntary act of such party for the uses and purposes mentioned in the foregoing instrument.
This notarial act involved the use of communication technolo
-Notary Seal[Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.ALISON mm MM
=PUBLICSTATE OF WAS
HINGTON4Sep 24,2024 Alison Cook March 11, 2021
��OTA `PUBLIC, and for the State
of Washington, residing at Snohomish County
My appointment expires �epternber 24,2024
OPEN SPACE COVENANT AND RESTRICTIONS-Page 7
n ,,, .,
�r" r�r W C a?...,t,b..g .,? ,9,. .� fi..,,,3.�dv." Page 7 of 18 746F968258M 1111 M 11
Instrument Number:20210329001835 Document:COV Rec: S122.50 Page-9 of 20
Record Date:3/29/2021 3:07 PM King County,WA
2.11 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original, and all of which,when taken together, shall constitute
one and the same instrument.
THE UNDERSIGNED HAVE DEAL) THE AGREEMENT AND FULLY
UNDERSTAND IT.
711\
Signed,sealed, and delivered this � day c'rl"_ 24�1.
GUARDIAN CAPITAL MANAGEMENT,LLC
A Washington limited liability company
Its:
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
A Washington regional transit authority
Its:--
CITY OF DENT
A Washington municipal corporation
By;
Its:
(Notary Acknowledgements Appear on Following Pages)
OPEN SPACE COVENANT AND RESTRICTIONS-Page 5
Instrument Number:20210329001835 Document:COV Rec: S122.50 Page-10 of 20
Record Date:3/29/2021 3:07 PM King County,WA
STATE OF WASHINGTON )
ss.
COUNTY OF KING
I hereby certify that on the 17 day of " _,202A, I know or have
satisfactory evidence that 01 is the
person who appeared before me, and said person, acknowledged that s/he signed this
instrument on oath stated that s/he is authorized to execute the instrument on behalf of CITE'
OF KENT as its
and such execution to be
ry the free and volunt aqoL-part-yf-or TM -, -
th eu ses and purposes mentioned in the foregoing
instrument.
-Notary Seal MustAppear Within This Box-
IN W'FDTA5kW HEREOF,I have hereunto set my hand and official seal tic day
and year fib i
tiZz
* "OTAfi
120i37
'1N�� � NOTARY PUBLIC,LIC,in and for the State
/I °'�`° `°"' 1� � of Washington, residing at `
/11 t 111 VVA y appointment expires
OPEN SPACE COVENANT AND RESTRICTIONS-Page 8
Instrument Number:20210329001835 Document:COV Rec: 5122.50 Page-11 of 20
Record Date:3/29/2021 3:07 PM King County,WA
EXIHBIT A
(Legal Description of Entire Lowes Property)
OPEN SPACE COVENANT AND RESTRICTIONS -Page 9 EXHIBIT A
Instrument Number:20210329001835 Document:COV Rec: 5122.50 Page-12 of 20
Record Date:3/29/2021 3:07 PM King County,WA
EXHIBIT"A"
PIN 551400001.0
PARCEL I CITY OF KENT BINIXING SITE PLAN NO.ESP-2006-04(MIDWAY RETAIL CENTER BINDING
SITE PLAN),RECORDED UNDER RECORDING NO.20070926000281,AT'VOLUME 242 OF PLATS,PAGES
95 TIIROUGI-I 92,INCLUSIVE,IN KING COUNTY,WAS➢IINGTON,
4
b1,V7 �
Jonwhan M.Beckea,d',:L.S. 03/05/202 t
Instrument Number:20210329001835 Document:COV Rec: S122.50 Page-13 of 20
Record Date:3/29/2021 3:07 PM King County,WA
EXIIIBIT D
(Legal Description of Easement Area Acquired by Sound Transit)
OPEN SPACE COVENANT AND RESTRICTIONS -Page 10 EXHIBIT E
Instrument Number:20210329001835 Document:COV Rec: $122.50 Page-14 of 20
Record Date:3/29/2021 3:07 PM King County,WA
EXHIBIT"B"
PIN 5514000010
Guideway Easement,
THAT PORTION OF PARCEL I CITY OF ICENT BINDING SITE:PLAN NO.BSP-2006-04(MIDWAY RETAIL
C LN"ITR MINDING SITE PLAN),RECORDED UNDER RECORDING NO,.:07092600021m,AT'VOLUME
242 OF PLATS,PAGES 85 THROUGH 92,INCLUSIVE,IN ICING(."O 1N"I"Y,WASHINC.TON,DLSCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID PARCEL 1,BEING N88°49'10"W A
DISTANCE OF 95.39 FEET FROM THE NORTHEAST CORNER THEREOF;
THENCE ALONG THE NORTH LINE THEREOF,N88°49'10"W A DISTANCE OF 43.00 FEET;
THENCE LEAVING SAID NORTH LINE,S2.0°20'35"E A DISTANCE OF 162.90 FEET;
THENCE S20°I0'50"E A DISTANCE OF 63.48 FEET TO THE BEGINNING OF A CURVE"TO THE
RIGHT WITH A RADIUS OF 2987.87 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°08'51"
AN ARC DISTANCE OF 164.14 FEET TO A POINT ON THE.EAST LINE OF SAID PARCEL 1;
THENCE ALONG SAID EAST LINE,,NO)°10'23"E A DISTANCE OF 121.04 FEE;T TO THE
BEGINNING;OF A NON-TANGENT CURVE CONCAVE TO THE.SOUTHWEST ICAVING A
RADIUS OF 3027.88 FEET,THROUGH WHICH POINT A R 1DIAL LINE BEARS N70°47,27"F;
THENCE,NORTHWESTERLY TO THE LEFT ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 00°05'20"AN ARC DISTANCE OF 4.70 FELT TO THE BEGINNING OF A COMPOUND
CURVE HAVING A RADIUS OF 403114 FEET,THROUGH WHICH POINT A RADIAL,LINE
BEARS N70°42'07"E;
THENCE NORTHWESTERLY TO THE LEFT ALONG;SAID CURVE THROUGH A CENTRAL
ANGLE OF 01°02'42"AN ARC DISTANCE OF 73.5.5 FEET TO THE BEGINNING OF A'TANGENT
LINE;
]'HENCE ALONG SAID TANGENT LINE,N20°20'35"W A DISTANCE OF 183,79 FEET TO THE
POINT OF BEGINNING.
CONTAINING 13,016 SQUARE FEET,MORE OR LESS
Jonathan W Becker,VLS., 03/05/2021
Instrument Number:20210329001835 Document:COV Rec: S122.50 Page-15 of 20
Record Date:3/29/2021 3:07 PM King County,WA
BIT C
(Depiction of Sound Transit Guideway Running Through Easement Area)
OPEN SPACE COVENANT AND RESTRICTIONS -Page I I EXHIBIT C
Instrument Number:20210329001835 Document:COV Rec: $122.50 Page-16 of 20
Record Date:3/29/2021 3:07 PM King County,WA
GUIDEWAY EASEMENT
NE 1/4 NE 1/4 SEC 21,T 22 N,R 4 E,W.M.
J I r i CL NB TRACK
LI y
L — — — {.�j Q \ CL SB TRACK
_ -J
SECTION LINE _ S.240TH ST TRANSIT WAY
_ p L3 L2 J N88°49'10"W 621.13",
y y 1 I I I I 1 482.73' r l
L17 95;40'
L8 J I 1 i l 1 i iii 1 r�i
1 I I I I 1 1 � III 1
Z h i 6 I MIDWAY RETAIL CENTER-BSP,
VOL 242,PG 85-92
W I I_ LOT 1
M 1
V M I 4
4 6 l I O REC NO.20060518000571
Iz It I 10'SEWER ESMT N
L7 O REC NO.821260396, w
ro v I 15'WATER ESMT it o W
REC NO.20060426001227o
L11 I 10'ESMT TO PSE 6 1 1 II 1
L13
1 1 ®REC NO.20121018000682& I 11 1 z
j 1 20060506000327, 3 111
S 10' ESMT TO PSE I III r
1 III I
$ O REC NO.20070817000441 ul l
l
m 0 15'WATER ESMT
Q REC NO.20050818003369 6 1 n
o 1 1 60'CLEAR YARD COVENANT 1 I
II � IIN
Z 6
1 I I
1 1 I r 1 I I
1 LOT 5 1 1 1
I I j l 1 1 1 1
- `- ------ N88°49'37"W 389.00, ----- I
I
----1 --I -L15--J -------I ------------- I
-- - _ N88°49'37"W 256.11' J 4J LOT 2
I I I O I 1-1 I I
ii I 1
L1 SO1°10'50"W 5.27' L12 S10°33'23W 5.47' C1 A=01°02'42" R=4,033.14' L=73.55'
L2 N88°49'10"W 56.66' L13 S88°49'37"E 44.94' N69°39-25"E(R)N70°42-07"E(R)
L3 S83°38'06"W 43.537 L14 N01°10'23"E 37.96' C2 A=00°05'20" R=3,027.88' L=4.70'
L4 S60°09'17"W 15.21' L15 S88°49'37"E 68.66' N70°42-07"E(R)N70°47-27"E(R)
L5 S10°33'23"W 46.84' L16 N01°09'56"E 12.26' C3 A=03°08'51" R=2,987.87' L=164.14'
L6 N79°26'37"W 19.00' L17 S88°49'10"E 43.00' N69°49-10"E(R)N72°58-02"E(R)
L7 S79°26'37'E 14.00' L18 N20°20'35"W 183.79'
L8 S10°33'23"W 24.00' L19 N20°20'35"W 162.90'
L9 N79°26'37"W 14.00' L20 N20°10'50"W 63.48'
L10 S10°33'23"W 21.67'
L11 S79°26'38"E 48.09
LEGEND
LIGHT RAIL TRANSIT WAY
STREET RIGHT-OF-WAY LINE
STREET CENTER LINE 70 35 0 70 140 NAD 83(2011)
PLATTED LOT LINE O
————— PROPERTY LINE N
PARENT PARCEL
SCALE IN FEET
NOTE:
GUIDEWAY PARCEL AREA IS TAKEN FROM COUNTY
ESMT ASSESSOR RECORDS.
PARCEL AREA' 462,455 SF
GUIDEWAY ESMT:13,016 SF
�4+oT xf4^
SOIAYD1IfANSR g� r' x EXHIBIT"C"
i.p PARCEL MAP
a
0 41777 ASSESSOR NO.: 5514000010 DATE: 03/05/2021
®�ASSOACOIATES rots 'p, OWNER:GUARDIAN CAPITAL MANAGEMENT,LLC
L L BLOCK NO.: N/A LOT NO.: 1
LINK LIGHT RAIL TRANSIT SYSTEM CITY OF KENT KING COUNTY,WA
Instrument Number:20210329001835 Document:COV Rec: 5122.50 Page-17 of 20
Record Date:3/29/2021 3:07 PM King County,WA
EXHIBIT D-1
(Legal Description of 60-Foot Open Space Area to be Preserved Around.Buildings)
OPEN SPACE COVENANT AND RESTRICTIONS -Page 12 EXIEBIT D-1
Instrument Number:20210329001835 Document:COV Rec: S122.50 Page-18 of 20
Record Date:3/29/2021 3:07 PM King County,WA
EXHIBIT"D-I"
PIN 5514000010
Open Space Area:
THE EAST 60 FEET OF PARCEL 1,CITY OF KENT BINDING SITE PLAN NO.BSP-2006-04(MIDWAY
RPI'I`AIL CENTER BINDING SITE PLAN),RECOR'I)Eq"Y UNDER RECORDING NO( 200709260002,81,AT
VOLUME 242 OF PLATS,PAGES 85 THROUGH 922.INCLUSIVE,IN KING COUNTY,WASHIN(ITON;
TOGETHER WITH THAT PORTION OF SAID PARCEL 1,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1;
THENCE ALONG THE NORTH LINE THEREOF,N88°49'10"W A DISTANCE OF 425.97 FEET;
THENCE LEAVING SAID NORTH LINE, SOI°10'23"W A DISTANCE OF 453.25 FEET;
THENCE S31 o49'51"W A DISTANCE OF 62.16 FEET;
THENCE SO1°10'23"W A DISTANCE 01 145.28 FEET TO THE SOUTH LINT.OF SAID PARCEL 1;
THENCE ALONG SAID SOUTH LINE,N89°49'37"W A DISTANCE OF 60.00 FEET;
THENCE LEAVING SAID SOUTH LINE,N01°10'23"E A DISTANCE OF 161.73 FEET;
THENCE N31°49'51"E A DISTANCE OF 62,16 FEET;
THENCE N0Iol0'23"E A DISTANCE OF 436.80 FEET TO THE.NORTH LINE OF SAID PARCEL 1;
THENCE ALONG SAID NORTH LINE,S88°49'10"E A DISTANCE OF 60.00 FEET TO TIME POINT
OF BEGINNING.
CONTAINING 75,746 SQUARE FEET,MORE,OR LESS
,lonaflhan M,Becke,,P LS. 03/05/2021
Instrument Number:20210329001835 Document:COV Rec: 5122.50 Page-19 of 20
Record Date:3/29/2021 3:07 PM King County,WA
FXIJIBIT D-2
(Depiction of 60-Foot Open Space Area to be Preserved Around Property Owner's Buildings)
OPEN SPACE COVENANT AND RESTRICTIONS -Page 13 EXFHBIT D-2
Instrument Number:20210329001835 Document:COV Rec: S122.50 Page-20 of 20
Record Date:3/29/2021 3:07 PM King County,WA
OPEN SPACE AREA
NE 1/4 NE 1/4 SEC 21,T 22 N,R 4 E,W.M.
/ I I \ `� I CL NB TRACK
I �LU
L — m q Q CL SB TRACK
_ SECTION LINE _ S.240TH ST TRANSIT WAY
/ N88°49'10'W 621.13'
V� L3 L2
T 135.16'1 It.60.00': 365.97' 1 1
so.00'
PROPOSED ST ?+l::F'•
tq 1 :1:�: t.:
S h I C;t:• ro GUIDEWAYESMT }r'}
co r....
� W 1 ao•:�:�•::''O MIDWAY RETAIL CENTER-BSP, B
N 1 m:::':•::w VOL 242,PG 85-92
W I:..; ;.N LOT 1
1 � � •• ••• O O tl:'r. n
�7 ° {. ;:':z O REC NO.20060518000571 `D'f{i•:' o
10'SEWER ESMT 1.0 co
Lsca W
N
J O REC NO.821260395, o �'
N
15'WATER ESMT [:;irt'.; o
L13 I . . . z
3 REC NO.20060426001227 z
i 10'ESMT TO PSE 3
®REC NO.20121018000682& -'.1
`•'''`•``• 20060505000327,
1 " I M r:b:;..:•_ 10' ESMT TO PSE
�:�:.:.:. .•I.:
w };'•:F::;;:';;:'; O REC NO.20070817000441 5
1 N f:•k::::'�`'\ 15,WATER ESMT lI"• '•'f{:
..'r.:.r.:::�� O REC NO.20050818003369
60'CLEAR YARD COVENANT [:�,".r.:•r.:
v
cal f...}..
LOTS j�.:•1-:
L 60.00'
. ------ N88°49'37"W 389.00' -----I I
_ I ------196.11'--- .. v_L15--aO--------I --------------LI
N88°49'37W� 256.11' 4- I , i i I LOT2 I
II n I I
L1 S01°10'50"W 5.27' L11 S79°26'38"E 48.00'
L2 N88°49'10'W 56.66' L12 S10°33'23"W 5.47'
L3 S83°3806W 43.53' L13 S88°4937"E 44.94'
L4 S60°09'17"W 15.21' L14 N01°10'23"E 37.96'
L5 S10°33'23"W 46.84' L15 S88°49'37"E 68.66'
L6 N79°26'37'W 19.00' L16 N01°09'56"E 12.25'
L7 S79°26'37"E 14.00' L21 N01°10'23"E 161.73'
L8 S10°33'23"W 24.00' L22 N31°49'51"E 62.16'
L9 N79°26'37'W 14.00' L23 N31°49'51"E 62.16'
L10 S10°33'23"W 21.67' L24 N01°10'23"E 107.32'
LEGEND
LIGHT RAIL TRANSIT WAY
STREET RIGHT-OF-WAY LINE STREET CENTER LINE 70 35 0 70 140 NAD 83(2011)
—
—————— PLATTED LOT LINE————— PROPERTY LINE N O
PARENT PARCEL
— — — — — — EASEMENT LINE PERMANENT SCALE IN FEET
NOTE:
CLEAR YARD PARCEL AREA IS TAKEN FROM COUNTY
COVENANT ASSESSOR RECORDS.
PARCEL AREA' 462,455 SF
CLEAR YARD
�� t4 COVENANT: 75,746 SF
SOIAYD1IfANSR �' x EXHIBIT"D-2"
1.v x PARCEL MAP
0 41277 ASSESSOR NO.: 5514000010 DATE: 03/05/2021
O®l FURTADO& ��CI811 �a OWNER:GUARDIAN CAPITAL MANAGEMENT,LLC
ASSOCIATES o
f HAL L BLOCK NO.: WA LOT NO.: 1
LINK LIGHT RAIL TRANSIT SYSTEM CITY OF KENT KING COUNTY,WA