Laurelhurst Community Club†††††††††††††††††††††††††††††††††††††††††††††††††††††

Serving 2800 Households in Seattleís Laurelhurst Neighborhood

 

 

March 21, 2005

 

 

For Settlement Purposes Only: Not to be Used for Any Other Purpose

 

 

Robert Wicklein

The Seneca Real Estate Group

1201 Third Avenue, Suite 2350

Seattle, Washington  98101

 

Re:  Talaris Proposed Development

 

Dear Bob:

 

Attached for your review are two draft documents pertaining to the potential amendment of the existing agreement between the Laurelhurst Community Club (LCC), Battelle Neighbors and the Battelle Memorial Institute (Talaris) and to the settlement of LCC's MUP appeal.

 The "Second Amendment to Settlement Agreement and Declaration of Covenants Running with the Land" amends the covenants in the Original Agreement and First Amendment, and includes the following:

1.      Exceptions to the following existing provisions to accommodate the Phase 1 Project

          Limitation on conference center use expansion, for Talaris' proposed 2370 sf auditorium

          Limitations on height, for the Phase 1 building

          West property line building setback, for the loading dock retaining walls

          East property line setback, for the potential parking lot retaining wall

          North property line setback, for the garage exhaust vent

          Prohibition on above-grade structured parking, for Level 1 parking

 

2.      Increased building and parking setbacks along the east property line and portions of the west property line

 

3.      Hours of operation for loading dock activities

 

4.      Changes to the existing roadway widths and locations, and to the northwest access point, as proposed by Talaris

 

5.      Installation of sidewalk along NE 41st Street

 

6.      Modification of the existing landscape plan, desired by Talaris, including a two-phase process for a conceptual and final plan

 

7.      Talaris to pay one half the cost of maintenance of the landscaped median in front of property on NE 41st Street

 

8.      Provisions to enhance and protect the wetlands and their buffers

 

9.      Process for future LCC review and approval of DPD-required plans

 

10.  Non-judicial process for lodging, investigating and resolving settlement compliance issues (supplemental to existing enforcement provisions)

 

11.  LCC proposal for review of traffic through the northwest access and nearby residential streets and NE 45th St intersections

 

12.  Provision that development be consistent with MUP plans, as modified by DPD decision and agreement

 

13.  The following exhibits (to be prepared by Talaris/LCC):

          Exhibit A (property legal description; same as in Original Agreement and First Amendment);

          A replacement for the existing Exhibit C (the Site Plan showing existing conditions, setbacks ), which would be modified to show the new setbacks along the east and west property lines, and would become the operating Exhibit C;

          A replacement for the existing Exhibit C.1 (shows a proposed parking layout along the east boundary along with square footages for the uses in and footprints of existing buildings along the east property line), which would be modified and expanded to show the Talaris proposal for parking and roadway changes along the east boundary as well as all Talaris-proposed roadway changes throughout the rest of the site (the existing buildings and square footages would be the same as in the current exhibit); this would become the operating Exhibit C.1;

          A new conceptual landscape plan Exhibit D.1, which would be added to the Agreement;

          A new Exhibit E, consisting of selected plans for the Phase 1 Project, which would be added to the Agreement; and

          A new Exhibit F, consisting of the DPD MUP decision, which would be added to the Agreement.

 

The new "Second Settlement Agreement" provides for the signing of the Second Amendment, the withdrawal of LCC's appeal, and development consistent with MUP plans (as modified by the DPD decision and agreement), and includes the following exhibits:

        Exhibit A, the property legal description;

        Exhibit B, the Second Amendment (described above)

 

In addition to these draft documents, we are sending to you in the mail copies of Exhibits C and D that were recorded with the First Amendment and that replaced the same exhibits in the Original Agreement.  You may recall last summer that there was confusion regarding the operating exhibits for the Agreement -- Talaris only had the versions that were part of the Original Agreement, and we therefore provided you with a set of exhibits.  It turned out later, when Carol Eychaner checked, that that was the wrong set.  After contacting staff in the King County Records and Elections archives, Carol Eychaner obtained a correct set of exhibits, made copies for all parties, and has mailed them to you.  The only change between the exhibits we supplied previously and the correct ones appears to be the setbacks along the south property line, which is not germane to our discussions.

 

We look forward to discussing the amendments and exhibits with you at your earliest convenience.  We would be happy to meet with you and other Talaris representatives if helpful to resolve any outstanding issues. 

 

Sincerely,

                                          

Jeannie Hale, President                                     Stan Sorscher, LCC Trustee

3425 West Laurelhurst Drive NE                                  3716 NE 43rd Street

Seattle, Washington  98105                                          Seattle, Washington  98105

206-525-5135 / fax 206-525-9631                              206-255-4393 / 425-355-2883

jeannieh@serv.net                                                        sorscher@comcast.net