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HomeMy WebLinkAboutPermit L99-0041 - SOUND TRANSIT / SOUNDER STATION - SHORT PLATSOUND TRANSIT COMMUTER RAIL STATION 7301 S 158"' ST L99 -0041 SHORT PLAT LAND DIVISION LAND DEVELOPMENT MITIGATION DETERMINATION • City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director November 2, 2001 Jeff Wolfe C/o Sound Transit Union Station 401 Jackson St. Seattle, WA 98104 Subject: Short Plat File L99 -0041 Dear Jeff: Per our phone conversation this morning, this is notification that the above file is being closed and when you wish to pursue a short plat of the site you will need to reapply. Best regards, Moira Carr Bradshaw Associate Planner C: C: \mcb \ST\soun der \991 tr 1026. doc 6300~Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665- CITY OF TUKWILA 6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188 PHONE # (206) 433-1800 Gary L. VanDusen, Mayor CITY OF TUKWILA MITIGATED DETERMINATION OF NONSIGNIFICANCE MODIFIED (Modifications are shown in bold) PROJECT: McLeod Exhibition Facility DATE: October 1991 PROPOSAL: For two parcels, tax lots 000580 -0021 and 2523049006, which total 9.15 acres; (Attachment A): 1. Change Comprehensive Plan Designation from Open Space and Public Facility to Light Industrial LOCATION: 2. Rezone from RA to M -1 For 4 parcels, tax lots 242304 -9034 and 000580 -0013 (and possibly 0004) and 000580- 0021 and 252304 -9006, which total 23.45 acres and the Puget Power right of way north of Strander Boulevard if extended and south of S. 158th Street if extended: 3. On a 23 acre site, develop a 230,000 square foot exhibition facility and attendant accessory improvements, for uses as described in transportation analysis. Generally bounded on the north by I -405, on the east by Burlington Northern Railroad (BN) tracks, on the west by Union Pacific Railroad (UP) tracks and on the south by a lot line 600 feet south of an extension of Strander Boulevard. A portion of the Puget Power Right -of -Way between West Valley Highway, and UPRR 158th Street and Strander Boulevard is proposed for parking. APPLICANT: Stuart McLeod and Don Miles FILE REFERENCE: EPIC -26 -90 THRESHOLD DETERMINATION: }litigated Determination of Nonsignificance ENVIRONMENTAL REVIEW RECORD 10 September 1990 Environmental Checklist including: Wetland Evaluation and Delineation Report 14 August 1990 David Markley, TSI Memo 14 September 1990 Utility Plans C -1 - C -8 May 1990 Floor Plan and Elevations S -1 S -3 (no date) Union Pacific Railroad Bridge Replacement Concept May 1990 27 February 1991 Pedestrian Routes August 1990 Revised Exhibition Facility Elevations (no date) 1 March 1991 Exhibition Facility Floor Plan Schematics 4 March 1991 Photographic and Perspective Analysis of Site 10 April 1991 Exhibition Center Traffic Analysis by TSI 3 May 1991 Wetlands Evaluation and Delineation Report/ Wetlands Avoidance and Mitigation Plan 11 July 1991 Gary Schulz, Urban Environmentalist record 28 May 1991 Ron Cameron TSI Report memo 27 June 1991 TSI response memo 26 July 1991 Ron Cameron, City Engineer Memo 1 August 1991 Gary Schulz, Urban Environmentalist Memo 23 August 1991 GeoEngineers Report 30 September 1991 Letter from Don Miles with TSI memo attached. 9 October 1991 TSI Fax of Volumes 11 August 1986 Interlocal Agreement between Renton and Tukwila APPROVALS AND PERMIT REQUIREMENTS: * Planning Commission Recommendation and City Council Ordinance that redesignates and rezones southernmost parcel (Tax Lot 252304 -9006) from Open Space and RA to Industrial and M -1 respectively. * Planning Commission approval for parking lot improvements. * Cooperative Parking Agreement approval by Planning Commission or Zoning Code parking requirement variance. * Utility permits including land altering, flood zone control, hauling, sewer, water, storm drain. * Building permit. BACKGROUND The subject site is composed of 4 separate parcels, with two separate owners. Off site parking is proposed on the Puget Power right -of -way located west of the development site. FINDINGS CHECKLIST ITEMS: 1. Earth Applicant submitted a geotechnical report which states that site contamination is relatively low due to its undeveloped character and that the structure should be supported with piles. Liquefaction potential is moderate to high and that recommended design and construction procedures will mitigate some of the liquefaction potential. The site is generally flat with a slight slope from south to north except for the extreme southernmost portion of the site. The area is considered a seismic hazard area with newberg silt loam, puget silty clay loam and woodenville silt loam as well as areas of fill that are unclassified. Applicant proposes filling for pavement and building locations which is 90 percent of the site. 2. Air Emissions from construction vehicles and dust are expected. After construction, emissions from vehicles traveling to site will increase. 3. Water The applicant has retained Watershed Dynamics to delineate the wetlands on site and assess the impact of the development on these areas. There are 4 type 3 wetlands north of S. 158th Street (Attachment B) and 2 wetlands south of S. 158th Street one of which is a type 2 (Attachment C) and the other a type 1 (Attachment D). The largest wetland, along the site's southern boundary, is part of a larger type 1 wetland; 1.68 acres of which is located on the subject site. The type 2 wetland is located adjacent to the building site and is not shown as retained. However, the Zoning Code's sensitive area overlay zone will require retention and a 50 foot buffer. Per the regulations of the sensitive area overlay zone, the applicant proposes filling the type 3 wetlands. The applicant would then be responsible for creating 150 percent (1.5:1) or 1.03 acres of additional wetlands (they only proposed 1.3:1). The compensatory mitigation is proposed adjacent to the existing type 1 area. A 100 foot buffer is the standard but the applicant requests a reduction of 50% as allowed, with an enhancement plan for the buffer area. A fifty foot buffer with the proposed enhancement and an approved mitigation plan would be acceptable. The storm drainage capacity for the Nelson /Longacres Drainage Basin was designed based on a 60 percent impervious coverage and highest and best use. The applicant is proposing a rezone of agriculturally zoned land and 90 percent, impervious surface. Therefore detention will be required on site. The applicant shows a wet pond for detention at the north end of the site but must provide calculations to demonstrate capacity and quality standards are met. Per item 4 of the interlocal with Renton (A&C file # 86 -0555/ 8 -11- 86), drainage from the site has a right to connect to and use the P -1 channel. 4. Plants Portions of the site has been used for pasture and parking and most recently as a fill site. There are therefore a variety of pasture grasses interspersed with wetland plants and mature deciduous trees. A tree inventory has been done and the majority of significant vegetation will be removed to accommodate the building site and parking area. 5. Animals Because of the site's undeveloped character and the wetlands located on and around the site, hawk use and rodent habitat will be lost in areas to be developed with parking and building. 6. Energy and Natural Resources There is a petroleum pipeline that traverses the southern section of the site. Otherwise electricity and natural gas are available to the site. 7. Land Use The site is bordered on three sides by transportation corridors. In addition, Puget Sound Power and Light Company has a right -of -way which parallels the site just west of the Union Pacific railroad track. Otherwise there is a combination of commercial and industrial uses west of the site towards West Valley Highway. East of the Burlington Northern tracks, in the City of Renton, is a thoroughbred race track that has recently been purchased by the Boeing Company for a suburban office development. The site is primarily pasture that has been ditched along the east and west sides to encourage drainage. The area to the north and south of an extension of S. 158th Street has been used as gravel parking area for Longacres Traffic. The area encompassing and south of the City of Seattle water line has been on the City's 1982 Comprehensive Land Use Plan as Open space with the exception of a strip of Public Facilities corresponding with an extension of Strander Boulevard to the Renton city limits. North of that water line the area is designated Light Industrial. The zoning corresponds to the designations, RA and M -1 respectively. 8. Aesthetics According to the most recent documentation from the applicant, dated March 4, 1991, the structure will be 45 feet in height at the ridge line of the pitched roof per the site and area section dated March 1991. The concept also shows a straight sided 810 foot long by 230 foot wide structure with pedestrian openings at the north and south ends with no wall relief and minimal fenestration. Exhibition loading is shown all sides. On March 6, 1991, the applicant provided a visual analysis of views of the site from surrounding vantage points. The analysis consisted primarily of photographs, which demonstrated that parts of the structure would be visible from off -site. Per TMC 18.56.040, any on- premise parking area which contains stalls located more than one thousand feet from the principal use requires Board of Architectural Review approval for the entire lot. There are 2100 surface parking stalls proposed on site, some of which are located more than 1,000 feet from the exhibition facility. 9. Recreation The Interurban Trail extension is proposed for the Puget Power right -of -way in 1992. The preferred trail route will continue along the power line right of way to I -405 head east to the I -405 bridge over the railroad tracks, cross under I -405 and on to Fort Dent Park. The trail will be a minimum of 12 feet wide with 2 foot shoulders on each side. The applicant proposes leasing right of way from Puget Power to provide off -site parking for the facility; therefore the applicant's parking lot will need to be adjusted to incorporate the trail. The project could also impact the trail as it attempts to cross over and under the I -405 bridge at the north edge of the proposed parking area and proposed wet pond. 10. Transportation As was mentioned previously, the site is bounded on three sides by elevated transportation corridors, I -405, and the UP and BN railroad tracks. Current access to the site is from the west via West Valley Highway on S. 158th Street and an extension of Strander Boulevard. The applicant proposes extending Strander Boulevard as a private road from West Valley Highway to the site with an at grade crossing at the Strander intersection. Strander Boulevard has been in the Comprehensive Land Use Plan and Transportation Improvement Plan as a future east west connector. Item 2 of the interlocal agreement with Renton (A&C file 86 -055/ 8- 11 -86) specified that development review shall insure that appropriate connection is allowed. The other access point is under the UP railroad track at the end of S. 158th Street. Widening of the bridge at S. 158th Street to allow 4 versus 2 lanes is proposed. S. 158th Street public right - of -way stops at the west margin of the Puget Power right -of -way. Therefore approval from the property owner of Tax Parcel 2423040031 is necessary for access and road improvements to the exhibition site. Both the Cities of Tukwila and Renton have added the Tukwila Parkway (156th Street) / 16th Avenue connections to their Transportation Improvement Plans, which would cross a proposed parking area in the north end of the subject site. Transportation Solutions, Inc. was retained by the applicant to identify and assess the impacts to the existing transportation system and to make recommendations for road and intersection improvements and parking and pedestrian needs. The Zoning Code (TMC 18.56.050) requires exhibition halls to be provided with 1 parking stall for every 4 persons based on the occupancy load of the building. The 250,000 square foot floor area creates a Uniform Building Code occupancy of 16,666 and a parking requirement of 4,166. A code on -site parking deficit of 2100 exists. The transportation consultant has indicated the character of the facility is not defined by its size but by the mix of tenants it will serve. The zoning code allows the Planning Commission to approve cooperative parking agreements for facilities with a mix of uses. The TSI traffic report calculates demand exceeding the 2100 parking capacity on 26 days. All but 3 of those days occur on Saturday or Sunday and the remaining 3 experiencing peak in the evening. The report recommends multiple transportation demand management techniques to minimize traffic impacts and parking demands. 11. Utilities There are multiple utility lines which traverse the property: oil, natural gas, water, sewer, cable television, and telephone. Parking is shown on top of these lines. The soft soils and are a concern as special construction techniques may be necessary to protect lines from loads. CONCLUSIONS AND CONDITIONS Issuance of a mitigated Determination of Nonsignificance is recommended for the project because adverse environmental impacts can be reduced below a level of probable significance. Due to the multiple requests within the proposal, the mitigating measures are separated and listed for the nonproject action of the Comprehensive Plan Change and Rezone request and then for the development of the Exhibition Facility and attendant improvements. 1. -95a Comprehensive Plan Change and Rezone Mitigating Measures Pay for the update of the Nelson /Longacres Storm Drainage Plan to include the area of the Comprehensive Plan change at highest and best use. 2. Sign and record no protest L.I.D. agreements for storm, sanitary and water improvements for area. 3. Record 60 foot wide access easements from eastern terminus of Strander Boulevard to site, providing continuation of Strander Boulevard and access to subject properties. AConsolidate separate tax parcels and or provide 60 foot dedicated right of way to all parcels within rezone site. 5. A signed and recorded agreement not to protest L.I.D. formation for Strander right -of -way extension improvements and to dedicate the necessary right -of -way. Exhibition Facility Mitigating Measures 6. Board of approval. Architectural Review application, review and The site plan must show the following minimums: a. surface water interim and final systems constructed per the King County Surface Water (1990) as supplemented by Tukwila, to include biofiltration and approved by the Tukwila Department; designed and Design Manual detention and Public Works b. parking aisles that are oriented perpendicular to the building's north and south entrances; c. expansion of the Type 1 wetland to accommodate 1.5:1 compensatory mitigation for filling Type 3 wetlands and preservation of Type 2 wetland and buffer; d. landscaping that provides definition of pedestrian walks, shade, and visual relief for facility, visitors of massive parking areas and that complements building; landscape islands 7.5 feet wide between every ten parking stalls. Sincorporation of 12 foot asphalt trail and 2 foot shoulders Puget Power right -of -way; ,incorporation of Interurban Trail along north property ne; incorporation of significant stands of trees h. logical pedestrian aisles that are treated with landscaping and lead to facility entrances. i. 158th and Strander will be treated as entrances to the site and will be landscaped to highlight their roles. break -up building facades with color , lines and massing create interest and a balanced architectural design. Materials shall be compared with quality of adjacent new commercial developments. . areas for trash, building services, mechanical equipment d event loading will be identified and screened using landscaping where possible or decorative hard materials where not. 1. create a luminare plan that creates a night -time design for structure. Light standards shall complement design of structure, and have several scales to proved for pedestrian, building and site lighting. 7. Cooperative Parking Application with inclusion of proposal for specific transportation demand management and off -site parking agreements per the recommendation of TSI, Inc. 8. Transportation improvements or commitments to be provided with the BAR submittal (or building permit, if applicable) and include the following: a. The following funds to be used for either capacity or intersection improvements $ 185,000 dollars for Interurban /Grady /405 ramp intersection; $43,000 for W. Valley /S. 156th Street intersection; $47,000 for the W. Valley /S. 158th Street intersection; $30,000 for the W. Valley/ Strander intersection; and $38,853 for the W. Valley/ S. 180th Street improvement cost. b. One half of a fair share contribution paid to the City of Renton prior to issuance of building permit and the other half prior to issuance of the facility's certificate of occupancy for the cost of off -site road improvements in the City of Renton corridors used by traffic generated by the proposed project. Fair share shall be based on the average peak hour trip generation and distribution documented in the TSI traffic analysis. The proportional share shall be determined by: 1). a formula involving project traffic volumes divided by the capacity increase generated by the new improvements multiplied by the cost of the improvements as recommended by the Renton Valley Transportation Plan Update or 2) on the same off -site trip end fee or other basis applied to other new development or redevelopment for off -site assessment of road improvements recommended by the Valley Transportation Plan update. The total amount will not exceed $200,000 and the total amount plus interest shall be refunded within six years of issuance of building permit if not spent to correct identified impacts. If adoption of the Renton Valley Transportation Plan update occurs after issuance of building permit or certificate of occupancy, any surplus of funds (over calculated mitigation) on deposit with the City of Renton shall be refunded to the applicant. c. S. 158th Street improved to public standards from the Embassy Suites section to the Exhibition Facility site. The drainage in pipes underneath the railroad bridge will need to be replaced with a box culvert section. Sidewalk widths on S. 158th shall include additional evaluation and documentation of peak pedestrian flows or pedestrian peak hour factors including an evaluation of maximum width sidewalk that can be provided. A sidewalk wider than 8 feet will be provided if possible; d. Strander Boulevard between W. Valley Highway and the Exhibition Facility will need to provide for safe pedestrian and vehicle traffic movement. Approval of the proposed improvements with sidewalks, four lanes, drainage, lighting and traffic control is required. e. If a multi -modal or commuter transit facility is developed on the north side of I -405 or on a site adjacent to the Exhibition facility, then property owners will provide access between the Exhibition Facility and Metro facility for pedestrians, for vehicles and for joint parking use, if agreed to by Tukwila. 9. Easement agreements shall be for life of project and be from: a. Puget Power for use of their property for parking improvements. b. Property owners of all parcels that are necessary to allow access, construction of road and perpetual parking. c. Property owners on all parcels, for life of the exhibition building, for parking and through access and utilities to service the subject facility. d. Union Pacific railroad to allow bridge construction at S. 158th street extension and at -grade crossing at Strander extension. e. Property owners of all parcels with ditches, swales and detention that convey "public" surface water for City of Tukwila, access, so the City can maintain the system conveying "public" surface water or agreement from the owners to maintain the system to City standards and a hold harmless agreement regarding surface waters which flow through properties. 10. Letters of acknowledgement from Olympic pipeline, Seattle Water, and Metro sewer regarding proposed construction location on site plan with respect to their facilities with BAR submittal. 11. A gate valve the looped system where it connects on S. 158th Street to mitigate the different pressures in the system. Lt.:1- facility is not defined by its size but by the mix of tenants it will serve. The zoning code allows the Planning Commission to approve cooperative parking agreements for facilities with a mix of uses. The TSI traffic report calculates demand exceeding the 2100 parking capacity on 26 days. All but 3 of those days occur on Saturday or Sunday and the remaining 3 experiencing peak in the evening. The report recommends multiple transportation demand management techniques to minimize traffic impacts and parking demands. 11. Utilities There are multiple utility lines which traverse the property: oil, natural gas, water, sewer, cable television, and telephone. Parking is shown on top of these lines. The soft soils and are a concern as special construction techniques may be necessary to protect lines from loads. CONCLUSIONS AND CONDITIONS Issuance of a mitigated Determination of Nonsignificance is recommended for the project because adverse environmental impacts can be reduced below a level of probable significance. Due to the multiple requests within the proposal, the mitigating measures are separated and listed for the nonproject action of the Comprehensive Plan Change and Rezone request and then for the development of the Exhibition Facility and attendant improvements. Comprehensive Plan Change and Rezone Mitigating Measures 1. Pay for the update of the Nelson /Longacres Storm Drainage Plan to include the area of the Comprehensive Plan change at highest and best use. 2. Sign and record no protest L.I.D. agreements for storm, sanitary and water improvements for area. 3. Record 60 foot wide access easements from eastern terminus of Strander Boulevard to site, providing continuation of Strander Boulevard and access to subject properties. Consolidate separate tax parcels and or provide 60 foot dedicated right of way to all parcels within rezone site. 5. A signed and recorded agreement not to protest L.I.D. formation for Strander right -of -way extension improvements and to dedicate the necessary right -of -way. d. Strander Boulevard between W. Valley Highway and the Exhibition Facility will need to provide for safe pedestrian and vehicle traffic movement. Approval of the proposed improvements with sidewalks, four lanes, drainage, lighting and traffic control is required." e. If a multi -modal or commuter transit facility is developed on the north side of I -405 or on a site adjacent to the Exhibition facility, then property owners will provide access between the Exhibition Facility and Metro facility for pedestrians, for vehicles and for joint parking use, if agreed to by Tukwila. 9. Easement agreements shall be for life of project and be from: a. Puget Power for use of their property for parking improvements. b. Property owners of all parcels that are necessary to allow access, construction of road and perpetual parking. c. Property owners on all parcels, for life of the exhibition building, for parking and through access and utilities to service the subject facility. d. Union Pacific railroad to allow bridge construction at S. 158th street extension and at -grade crossing at Strander extension. e. Property owners of all parcels with ditches, swales and detention that convey "public" surface water for City of Tukwila, access, so the City can maintain the system conveying "public" surface water or agreement from the owners to maintain the system to City standards and a hold harmless agreement regarding surface waters which flow through properties. 10. Letters of acknowledgement from Olympic pipeline, Seattle Water, and Metro sewer regarding proposed construction location on site plan with respect to their facilities with BAR submittal. 11. A gate valve the looped system where it connects on S. 158th Street to mitigate the different pressures in the system. 81.112.020 Title 81 RCW: TranspolOon (1) "Authority" means a regional transit authority authorized under this chapter. (2) "Board" means the board of a regional transit authority. (3) "Service area" or "area" means the area included within the boundaries of a regional transit authority. (4) "System" means a regional transit system authorized under this chapter and under the jurisdiction of a regional transit authority. (5) "Facilities" means any lands, interest in land, air rights over lands, and improvements thereto including vessel terminals, and any equipment, vehicles, vessels, and other components necessary to support the system. (6) "Proof of payment" means evidence of fare prepay- ment authorized by a regional transit authority for the use of trains, including but not limited to commuter trains and light rail trains. [1999 c 20 § 2; 1992 c 101 § 2.] Purpose— Intent -1999 c 20: See note following RCW 81.112.210. 81.112.030 Regional transit authority. Two or more contiguous counties each having a population of four hundred thousand persons or more may establish a regional transit authority to develop and operate a high capacity transportation system as defined in chapter 81.104 RCW. The authority shall be formed in the following manner: (1) The joint regional policy committee created pursuant to RCW 81.104.040 shall adopt a system and financing plan, including the definition of the service area. This action shall be completed by September 1, 1992, contingent upon satisfactory completion of the planning process defined in RCW 81.104.100. The final system plan shall be adopted no later than June 30, 1993. In addition to the requirements of RCW 81.104.100, the plan for the proposed system shall provide explicitly for a minimum portion of new tax reve- nues to be allocated to local transit agencies for interim express services. Upon adoption -the joint regional policy committee shall immediately transmit the plan to the county legislative authorities within the adopted service area. (2) The legislative authorities of the counties within the service area shall decide by resolution whether to participate in the authority. This action shall be completed within forty- five days following receipt of the adopted plan or by August 13, 1993, whichever comes first. (3) Each county that chooses to participate in the authority shall appoint its board members as set forth in RCW 81.112.040 and shall submit its list of members to the secretary of the Washington state department of transporta- tion. These actions must be completed within thirty days following each county's decision to participate in the authority. (4) The secretary shall call the first meeting of the authority, to be held within thirty days following receipt of the appointments. At its first meeting, the authority shall elect officers and provide for the adoption of rules and other operating procedures. (5) The authority is formally constituted at its first meeting and the board shall begin taking steps toward implementation of the system and financing plan adopted by the joint regional policy committee. If the joint regional policy committee fails to adopt a plan by June 30, 1993, the authority shall proceed to do so based on the work complet- [Title 81 RCW —page 96] ed by that date by the joint regional policy committee. Up formation of the authority, the joint regional policy corrrr tee shall cease to exist. The authority may make mir modifications to the plan as deemed necessary and shall a minimum review local transit agencies' plans to ensl feeder service/high capacity transit service integration, •ens1 fare integration, and ensure avoidance of parallel competiti services. The authority shall also conduct a minimum thir day public comment period. (6) If the authority determines that major modificatic to the plan are necessary before the initial ballot propositi is submitted to the voters, the authority may make the modifications with a favorable vote of two- thirds of t entire membership. Any such modification shall be subi to the review process set forth in RCW 81.104.110. 'I modified plan shall be transmitted to the legislative authc ties of the participating counties. The legislative authorit shall have forty -five days following receipt to act by moti or ordinance to confirm or rescind their continued partici] tion in the authority. (7) If any county opts to not participate in the authori but two or more contiguous counties do choose to contin to participate, the authority's board shall be revised acco. ingly. The authority shall, within forty-five days, redef the system and financing plan to reflect elimination of c or more counties, and submit the redefined plan to t legislative authorities of the remaining counties for th decision as to whether to continue to participate. This act] shall be completed within forty -five days following rece of the redefined plan. (8) The authority shall place on the ballot within t years of the authority's formation, a single ballot propositi to authorize the imposition of taxes to support the implern tation of an appropriate phase of the plan within its sery area. In addition to the system plan requirements contair in RCW 81.104.100(2)(d), the system plan approved by 1 authority's board before the submittal of a proposition to voters shall contain an equity element which: (a) Identifies revenues anticipated to be generated corridor and by county within the authority's boundaries (b) Identifies the phasing of construction and operati of high capacity system facilities, services, and benefits each corridor. Phasing decisions should give priority jurisdictions which have adopted transit - supportive land plans; and (c) Identifies the degree to which revenues genera within each county will benefit the residents of that coup and identifies when such benefits will accrue. A simple majority of those voting within the boundar of the authority is required for_approval. If the vote affirmative, the authority shall begin implementation of projects identified in the proposition. However, the author may not submit any authorizing proposition for voter proved taxes prior to July 1, 1993; nor may the author issue bonds or form any local improvement district prior July 1, 1993. (9) If the vote on a proposition fails, the board rr redefine the proposition, make changes to the author boundaries, and make corresponding changes to the comi sition of the board. If the composition of the board changed, the participating counties shall revise the memb ship of the board accordingly. The board may then subs (2000 81.112.060 • Title 81 RCW: Transportaticil (1) To establish offices, departments, boards, and commissions that are necessary to carry out the purposes of the authority, and to prescribe the functions, powers, and duties thereof. (2) To appoint or provide for the appointment of, and to remove or to provide for the removal of, all officers and employees of the authority. (3) To fix the salaries, wages, and other compensation of all officers and employees of the authority. (4) To employ such engineering, legal, financial, or other specialized personnel as may be necessary to accom- plish the purposes of the authority. (5) To determine risks, hazards, and liabilities in order to obtain insurance consistent with these determinations. This insurance may include any types of insurance covering, and for the benefit of, one or more parties with whom the authority contracts for any purpose, and insurance for the benefit of its board members, authority officers, and employ- ees to insure against liability for acts or omissions while performing or in good faith purporting to perform their official duties. All insurance obtained for construction of authority projects with a total project cost exceeding one hundred million dollars may be acquired by bid or by negotiation through December 31, 2006. In order to allow the authority flexibility to secure appropriate insurance by negotiation, the authority is exempt from RCW 48.30.270. [2000 2nd sp.s. c 4 § 32; 1992 c 101 § 6.] 81.112.070 General powers. In addition to the powers specifically granted by this chapter an authority shall have all powers necessary to implement a high capacity transportation system and to develop revenues for system support. An authority may contract with the United States or any agency thereof, any state or agency thereof, any public transportation benefit area, any county, county transportation authority, city, metropolitan municipal corpo- ration, special district, or governmental agency, within or without the state, and any private'person, firm, or corpora- tion for: (1) The purpose of receiving gifts or grants or securing loans or advances for preliminary planning and feasibility studies; (2) the design, construction, or operation of high capacity transportation system facilities; or (3) the provision or receipt of services, facilities, or property rights to provide revenues for the system. An authority shall have the power to contract pursuant to RCW 39.33.050. In addition, an authority may contract with any governmental agency or with any private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands and rights of way of all kinds which are owned, leased, or held by the other party and for the purpose of planning, constructing, or operating any facility or perform- ing any service that the authority may be authorized to operate or perform, on such terms as may be agreed upon by the contracting parties. Before any contract for the lease or operation of any authority facilities is let to any private person, firm, or corporation, a general schedule of rental rates for equipment with or without operators applicable to all private certificated carriers shall be publicly posted, and for other facilities competitive bids shall first be called upon such notice, bidder qualifications, and bid conditions as the [Title 81 RCW —page 98] board shall determine. This shall allow use of negotiated procurements. [1992 c 101 § 7.] 81.112.080 Additional powers— Acquisition of facilities — Disposal of property— Rates, tolls, fares, charges. An authority shall have the following powers in addition to the general powers granted by this chapter: (1) To carry out the planning processes set forth in RCW 81.104.100; (2) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of high capacity transportation facilities and properties within authority boundaries including surface, underground, or overhead railways, tramways, busways, buses, bus sets, entrained and linked buses, ferries, or other means of local transportation except taxis, and including escalators, moving sidewalks, personal rapid transit systems or other people- moving sys- tems, passenger terminal and parking facilities and proper- ties, and such other facilities and properties as may be necessary for passenger, vehicular, and vessel access to and from such people- moving systems, terminal and parking fa- cilities and properties, together with all lands, rights of way, property, equipment, and accessories necessary for such high capacity transportation systems. When developing specifica- tions for high capacity transportation system operating equipment, an authority shall take into account efforts to establish or sustain a domestic manufacturing capacity for such equipment. The right of eminent domain shall be exercised by an authority in the same manner and by the same procedure as or may be provided by law for cities of the first class, except insofar as such laws may be inconsis- tent with the provisions of this chapter. Public transportation facilities and properties which are owned by any city, county, county transportation authority, public transportation benefit area, or metropolitan municipal corporation may be acquired or used by an authority only with the consent of the agency owning such facilities. Such agencies are hereby authorized to convey or lease such facilities to an authority or to contract for their joint use on such terms as may be fixed by agreement between the agency and the authority. The facilities and properties of an authority whose vehicles will operate primarily within the rights of way of public streets, roads, or highways, may be acquired, devel- oped, and operated without the corridor and design hearings that are required by RCW 35.58.273 for mass transit facilities operating on a separate right of way; (3) To dispose of any real or personal property acquired in connection with any authority function and that is no longer required for the purposes of the authority, in the same manner as provided for cities of the first class. When an authority determines that a facility or any part thereof that has been acquired from any public agency without compen- sation is no longer required for authority purposes, but is required by the agency from which it was acquired, the authority shall by resolution transfer it to such agency; (4) To fix rates, tolls, fares, and charges for the use of such facilities and to establish various routes and classes of service. Fares or charges may be adjusted or eliminated for any distinguishable class of users. [1992 c 101 § 8.] (2000 Ed.) 81.112.230 • Title 81 RCW: Transportation • 81.112.230 Fare payment— Prosecution for theft, trespass, or other charges. Nothing in RCW 81.112.020 and 81.112.210 through 81.112.230 shall be deemed to pre- vent law enforcement authorities from prosecuting for theft, trespass, or other charges by any individual who: (1) Fails to pay the required fare on more than one occasion within a twelve -month period; (2) Fails to sign a notice of civil infraction; or (3) Fails to depart the train, including but not limited to commuter trains and light rail trains, when requested to do so by a person designated to monitor fare payment. [1999 c20 §5.] Purpose— Intent -1999 c 20: See note following RCW 81.112.210. 81.112.300 Sale and leaseback, similar transac- tions— Authorized. (1) In order to. enable regional transit authorities to acquire or finance equipment or facilities, or reduce the cost of equipment or facilities, regional transit authorities may enter into sale and leaseback, leaseout and leaseback, and other similar transactions with respect to equipment, facilities, and other real and personal property. In connection with any such transaction, a regional transit authority may execute, as it considers appropriate, contracts, agreements, notes, security agreements, conveyances, bills of sale, deeds, leases as lessee or lessor, and currency hedges, defeasance arrangements, interest rate, currency or other swap transactions, one or more payment undertaking agreements, and agreements relating to foreign and domestic currency. These agreements or instruments must have terms, maturities, durations, provisions as to governing laws, grants of security interests, and other provisions that are approved by the board of the regional transit authority. (2) "Payment undertaking agreement" means one or more agreements, undertakings or arrangements under which all or a portion of the funds generated by a sale and leaseback, leaseout and leaseback, or other similar transac- tion are directed or paid over to a financial institution, insurance company, or other entity that agrees to meet or fulfill, in consideration for the funds, some or all of the obligations of the regional transit authority, or any public corporation or other entity created under RCW 81.112.320, to make future rent, debt service, or purchase price install- ment payments in connection with the transaction. [2000 2nd sp.s. c 4 § 18.] Findings -2000 2nd sp.s. c 4 §§ 18 -30: "The legislature finds that additional funds or other benefits can be made available to Washington regional transit authorities by facilitating their entry into sale and leaseback, leaseout and leaseback, and similar transactions that provide to private parties, in consideration for the funds or other benefits obtained by the regional transit authorities, tax benefits that are not otherwise available to regional transit authorities. The legislature further finds that such transac- tions have been encouraged by agencies of the federal government as ways to provide additional funds for public facilities. To facilitate such transactions for regional transit authorities, the legislature has determined that while regional transit authorities may currently have the necessary statutory authority and may currently enjoy exemptions from Washington state taxes for such transactions, an explicit statement of statutory authority and exemption from Washington state taxes is necessary and helpful for the parties to such transactions. In recognition of the complexity of such transactions, the legislature desires that the authority and exemptions provided by RCW 81.112.300, 81.112.310, 81.112.320, 82.08.834, 82.12.834, 82.04.050, 82.04.4201, 82.29A.134, 82.45.010, 84.36.605, 35.21.756, 35.21.755, and 81.112.330 be subject to certain limitations and be granted for a period as specified in RCW 81.112.330." [2000 2nd sp.s. c4 §17.] [Title 81 RCW —page 102] Construction -2000 2nd sp.s. c 4 §§ 18 -30: "The authority granted by RCW 81.112.300, 8 1 . 1 1 2 . 3 1 0 , 81.112.320, 82.08.834, 82.12 834 82.04.050, 82.04.4201, 82.29A.134, 82.45.010, 84.36.605, 35.21.756, 35.21.755, and 81.112.330 is in addition and supplemental to any authority previously granted and does not limit nor is limited by any other powers or authority previously granted to regional transit authorities or any public corporation, or restrictions on such powers or authority. Nothing in RCW 81.112.300, 81.112.310, 81.112.320, 82.08.834, 82.12.834, 82.04,050, 82.04.4201, 82.29A.134, 82.45.010, 84.36.605, 35.21.756, 35.21.755, and 81.112.330 limits other statutory authority previously granted to regional transit authorities or public corporations or other tax exemptions granted to regional transit authorities or public corporations. Nothing in RCW 81.112.300, 81.112.310, 81.112.320, 82.08.834, 82.12.834, 82.04.050, 82.04.4201, 82.29A.134, 82.45.010, 84.36.605, 35.21.756, 35.21.755, and 81.112.330 limits the authority of the state, any political subdivision thereof or any other public or municipal corporation to undertake the activities described in RCW 81.112.300, 81.112.310, 81.112.320, 82.08.834, 82.12.834, 82.04.050, 82.04.4201, 82.29A.134, 82.45.010, 84.36.605, 35.21.756, 35.21.755, and 81.112.330 as expressly or impliedly authorized by other provisions of law. Nothing in RCW 81.112.300, 81.112.310, 81.112.320, 82.08.834, 82.12.834, 82.04.050, 82.04.4201, 82.29A.134, 82.45.010, 84.36.605, 35.21.756, 35.21.755, and 81.112.330 is an authoriza- tion to provide indemnification to the extent the indemnification is prohibited or restricted by other provisions of law or the Constitution of the state of Washington." [2000 2nd sp.s. c 4 § 31.] . 81.112.310 Sale and leaseback— Conditions. Transactions undertaken under RCW 81.112.300 are subject to the following conditions: (1) The financial institution, insurance company, or other - entity that- enters into a payment undertaking agreement with the regional transit authority or public development corporation or entity created under RCW 81.112.320 as a counterparty must have a rating from at least two nationally recognized credit rating agencies, as of the date of execution of the payment undertaking agreement, that is within the two highest long -term investment grade rating categories, without regard to subcategories, or the obligations of the counterparty must be guaranteed by a financial institution, insurance company, or other entity with that credit rating. The payment undertaking agreement must require that the obligations of the counterparty or the guarantor, as the case may be, must be collateralized by collateral of a type and in an amount specified by the governing body of the regional transit authority if the credit ratings of the counterparty or its guarantor fall below the level required by this subsection. (2) The amount to be paid by the counterparties under payment undertaking agreements for a transaction under the terms of the agreements, when combined with the amount of securities, deposits, and investments set aside by the regional transit authority for payment in respect of the transactions, together with interest or other earnings on the securities, deposits, or investments, must be sufficient to pay when due all amounts required to be paid by the regional transit authority, or public corporation or entity created under RCW 81.112.320, as rent, debt service, or installments of purchase price, as the case may be, over the full term of the transac- tion plus any optional purchase price due under the transac- tion. A certification by an independent financial expert, banker, or certified public accountant, who is not an employ- ee of the regional transit authority or public corporation or entity created under RCW 81.112.320, certifying compliance with this requirement is conclusive evidence that the arrange- ments, by their terms, comply with the requirement under this subsection on the sufficiency of the amount. (2000 Ed.) Regional Transit Authorities (3) The payment undertaking agreements, and all other basic and material agreements entered into in connection with the transactions, must specify that the parties to the agreements consent to the jurisdiction of state courts of Washington for disputes arising out of the agreements and agree not to contest venue before such courts. Regardless of the choice of law specified in the foregoing agreements, the agreements must acknowledge that the regional transit authority or public development corporation or entity created under RCW 81.112.320 that is a party to the agreements is an entity created under the laws of the state of Washington whose power and authority and limitations and restrictions on the power and authority are governed by the laws of the state of Washington. Payment undertaking agreements that meet the foregoing requirement must be treated for all relevant purposes as agreements under which future services are performed for a present payment and shall not be treated as payment agree -. ments within the meaning of chapter 39.96 RCW. [2000 2nd sp.s. c 4 § 19.] Findings — Construction -2000 2nd sp.s. c 4 §§ 18 -30: See notes following RCW 81.112.300. 81.112.320 Sale and leaseback— Creation of public entity. To accomplish any of the activities under RCW 81.112.300, a regional transit authority may create a public corporation, commission, or authority under RCW 35.21.730 through 35.21.755, and authorize the corporation, commis- sion, or authority to provide any of the facilities and services that a regional transit authority may provide including any activities under RCW 81.112.300. A regional transit authority has all the powers, authorities, and rights granted to any city, town, or county or their agents under RCW 35.21.730 through 35.21.755 for the purposes of entering into and implementing transactions under RCW 81.112.300. [2000 2nd sp.s. c 4 § 20.] Effective date -2000 2nd sp.s. c 4 §§ 1 -3, 20: See note following RCW 82.08.020. Findings — Construction -2000 2nd sp.s. c 4 §§ 18 -30: See notes following RCW 81.112.300. 81.112.330 Sale and leaseback— Restrictions, requirements. (1) Except as provided in subsection (3) of this section, no regional transit authority may initiate a transaction authorized under RCW 81.112.300 after June 30, 2007. (2) The termination of authority to enter into transac- tions after June 30, 2007, does not affect the validity of any transactions entered into under RCW 81.112.300. (3) A regional transit authority may enter into a transac- tion in accordance with RCW 81.112.300 after June 30, 2007, to replace or refinance a transaction that relates to specific obligations entered into on or before that date and that has terminated, or is, under the terms of the replacement or refinance, to terminate, before the final stated term of that transaction. The exemptions from taxes provided by RCW 82.08.834, 82.12.834, 82.04.4201, 82.29A.134, 82.36.605, 35.21.756, 82.04.050, 82.45.010, and 35.21.755 apply to the replacement or refinance transactions. (4) A regional transit authority, or public corporation or entity created under RCW 81.112.320, that undertakes a transaction authorized by RCW 81.112.300, shall provide to (2000 Ed.) • 81.112.310 the state finance committee, or its financial advisor, at,the state finance committee's discretion, a copy of all mateikal agreements executed in connection with the transactio within three months of the closing of the transaction an shall make a report to the state finance committee, the president of the senate, and the speaker of the house of representatives on transactions authorized by RCW 81.112.300. The report must include the amount of the transactions, the expected savings or losses resulting from the transactions, the transaction costs, including fees and detailed pricing information, the risks associated with the transaction, and any other information the regional transit authority determines relevant. The report must be submitted within six months of the closing of each transaction. [2000 2nd sp.s. c 4 § 30.] Findings — Construction -2000 2nd sp.s. c 4 §§ 18 -30: See notes following RCW 81.112.300. 81.112.900 Section headings not part of law -1992 c 101. Section headings as used in this act do not constitute any part of the law. [1992 c 101 § 33.] 81.112.901 Severability -1992 c 101. If any provi- sion of this act or its application to any person or circum- stance is held invalid, the remainder of the act or the application of the provision to other persons or circumstanc- es is not affected. [1992 c 101 § 34.] 8.1.112.902 Effective date -1992 c 101. This act shall take effect July 1, 1992. [1992 c 101 § 35.] Chapter 81.900 CONSTRUCTION Sections 81.900.010 Continuation of existing law. 81.900.020 Title, chapter, section headings not part of law. 81.900.030 Invalidity of part of title not to affect remainder. 81.900.040 Repeals and saving. 81.900.050 Emergency -1961 c 14. 81.900.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and . relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. [1961 c 14 § 81.98.010: Formerly RCW 81.98.010.] 81.900.020 Title, chapter, section headings not part of law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law. [1961 c 14 § 81.98.020. Formerly RCW 81.98.020.] 81.900.030 Invalidity of part of title not to affect remainder. If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected. [1961 c 14 § 81 .98.030. Formerly RCW 81.98.030.] [Title 81 RCW —page 103] Low -Level Radioactive Waste Sites 81.108.110 (b) Whether waste generated outside the Northwest compact states is excluded; and (c) The ability of alternative disposal sites to make functionally equivalent services readily available at competi- tive rates, terms, and conditions. (3) The commission may reclassify a competitive site operator if reclassification would protect the public interest as set forth in this section. (4) Competitive low -level radioactive waste disposal companies shall be exempt from commission regulation and fees during the time they are so classified. [1991 c 272 § 12.] 81.108.900 Construction. Nothing in this chapter shall be construed to affect the jurisdiction of another state agency. [1991 c 272 § 13.] 81.108.901 Effective dates-1991 c 272. (1) Sections 1 through 15 and 22 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions. Sections 1 through 14 and 22 of this act shall take effect July 1, 1991, and section 15 of this act shall take effect immediately [May 20, 1991]. (2) Sections 16 through 21 and 23 of this act shall take effect January 1, 1993. [1991 c 272 § 24.] Chapter 81.112 REGIONAL TRANSPORTATION AUTHORITIES Sections 81.112.010 81.112.020 81.112.030 81.112.040 81.112.050 81.112.060 81.112.070 81.112.080 81.112.090 81.112.100 81.112.110 81.112.120 81.112.130 81.112.140 81.112.150 81.112.160 81.112.170 81.112.900 81.1 12.901 81.112.902 Findings — Intent. Definitions. Regional transit authority. Board appointments — Voting— Expenses. Area included — Elections. Powers. General powers. Additional powers— Acquisition of facilities — Disposal of property — Rates, tolls, fares, charges. Agreements with operators of high capacity transportation services. Transfer of local government powers to authority. Acquisition of existing system — Components. Treasurer— Funds — Auditor —Bond. General obligation bonds. Revenue bonds. Local improvement districts authorized — Special assessment bonds. County assessor's duties. Interim financing. Section headings not part of law -1992 c 101. Severability-1992 c 101. Effective date -1992 c 101. 81.112.010 Findings— Intent. The legislature recognizes that existing transportation facilities in the central Puget Sound area are inadequate to address mobility needs of the area. The geography of the region, travel demand growth, and public resistance to new roadways combine to further necessitate the rapid development of alternative modes of travel. The legislature finds that local governments have been effective in cooperatively planning a multicounty, high (1994 Ed.) capacity transportation system. However, a continued multijurisdictional approach to funding, construction, and operation of a multicounty high capacity transportation system may impair the successful implementation of such a system. The legislature finds that a single agency will be more effective than several local jurisdictions working collectively at planning, developing, operating, and funding a high capacity transportation system. The single agency's services must be carefully integrated and coordinated with public transportation services currently provided. As the single agency's services are established, any public transportation services currently provided that are duplicative should be eliminated. Further, the single agency must coordinate its activities with other agencies providing local and state roadway services, implementing comprehensive planning, and implementing transportation demand management programs and assist in developing infrastructure to support high capacity systems including but not limited to feeder systems, park and ride facilities, intermodal centers, and related roadway and operational facilities. Coordination can be best achieved through common governance, such as integrated governing boards. It is therefore the policy of the state of Washington to empower counties in the state's most populous region to create a local agency for planning and implementing a high capacity transportation system within that region. The authorization for such an agency, except as specifically provided in this chapter, is not intended to limit the powers of existing transit agencies. [1992 c 101 § 1.] 81.112.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Authority" means a regional transit authority authorized under this chapter. (2) "Board" means the board of a regional transit authority. (3) "Service area" or "area" means the area included within the boundaries of a regional transit authority. (4) "System" means a regional transit system authorized under this chapter and under the jurisdiction of a regional transit authority. (5) ; "Facilities" means any lands, interest in land, air; crights-over lands; and improvements thereto including vessel, terminals- and any equipment, vehicles, vessels, and other components necessary to support the system;% [1992 c 101 § 2] - 81.112.030 Regional transit authority. Two or more contiguous counties each having a population of four hundred thousand persons or more may establish a regional transit authority to develop and operate a high capacity transportation system as defined in chapter 81.104 RCW. The authority shall be formed in the following manner: (1) The joint regional policy committee created pursuant to RCW 81.104.040 shall adopt a system and financing plan, including the definition of the service area. This action shall be completed by September 1, 1992, contingent upon satisfactory completion of the planning process defined in RCW 81.104.100. The final system plan shall be adopted no [Title 81 RCW —page 93] 81.112.030 Title 81 RCW: Transportation later than June 30, 1993. In addition to the requirements of RCW 81.104.100, the plan for the proposed system shall provide explicitly for a minimum portion of new tax reve- nues to be allocated to local transit agencies for interim express services. Upon adoption the joint regional policy committee shall immediately transmit the plan to the county legislative authorities within the adopted service area. (2) The legislative authorities of the counties within the service area shall decide by resolution whether to participate in the authority. This action shall be completed within forty - five days following receipt of the adopted plan or by August 13, 1993, whichever comes first. (3) Each county that chooses to participate in the authority shall appoint its board members as set forth in RCW 81.112.040 and shall submit its list of members to the secretary of the Washington state department of transporta- tion. These actions must be completed within thirty days following each county's decision to participate in the authority. (4) The secretary shall call the first meeting of the authority, to be held within thirty days following receipt of the appointments. At its first meeting, the authority shall elect officers and provide for the adoption of rules and other operating procedures. (5) The authority is formally constituted at its first meeting and the board shall begin taking steps toward implementation of the system and financing plan adopted by the joint regional policy committee. If the joint regional policy committee fails to adopt a plan by June 30, 1993, the authority shall proceed to do so based on the work complet- ed by that date by the joint regional policy committee. Upon formation of the authority, the joint regional policy commit- tee shall cease to exist. The authority may make minor modifications to the plan as deemed necessary and shall at a minimum review local transit agencies' plans to ensure feeder service/high capacity transit service integration, ensure fare integration, and ensure avoidance of parallel competitive services. The authority shall also conduct a minimum thirty - day public comment period. (6) If the authority determines that major modifications to the plan are necessary before the initial ballot proposition is submitted to the voters, the authority may make those modifications with a favorable vote of two- thirds of the entire membership. Any such modification shall be subject to the review process set forth in RCW 81.104.110. The modified plan shall be transmitted to the legislative authori- ties of the participating counties. The legislative authorities shall have forty-five days following receipt to act by motion or ordinance to confirm or rescind their continued participa- tion in the authority. (7) If any county opts to not participate in the authority, but two or more contiguous counties do choose to continue to participate, the authority's board shall be revised accord- ingly. The authority shall, within forty -five days, redefine the system and financing plan to reflect elimination of one or more counties, and submit the redefined plan to the legislative authorities of the remaining counties for their decision as to whether to continue to participate. This action shall be completed within forty -five days following receipt of the redefined plan. (8) The authority shall place on the ballot within two years of the authority's formation, a single ballot proposition [Title 81 RCW —page 94] to authorize the imposition of taxes to support the implemen- tation of an appropriate phase of the plan within its service area. In addition to the system plan requirements contained in RCW 81.104.100(2)(d), the system plan approved by the authority's board before the submittal of a proposition to the voters shall contain an equity element which: (a) Identifies revenues anticipated to be generated by corridor and by county within the authority's boundaries; (b) Identifies the phasing of construction and operation of high capacity system facilities, services, and benefits in each corridor. Phasing decisions should give priority to jurisdictions which have adopted transit- supportive land use plans; and (c) Identifies the degree to which revenues generated within each county will benefit the residents of that county, and identifies when such benefits will accrue. A simple majority of those voting within the boundaries of the authority is required for approval. If the vote is affirmative, the authority shall begin implementation of the projects identified in the proposition. However, the authority may not submit any authorizing proposition for voter -ap- proved taxes prior to July 1, 1993; nor may the authority issue bonds or form any local improvement district prior to July 1, 1993. (9) If the vote on a proposition fails, the board may redefine the proposition, make changes to the authority boundaries, and make corresponding changes to the compo- sition of the board. If the composition of the board is changed, the participating counties shall revise the member- ship of the board accordingly. The board may then submit the revised proposition or a different proposition to the voters. No single proposition may be submitted to the voters more than twice. The authority may place additional propositions on the ballot to impose taxes to support addi- tional phases of plan implementation. If the authority is unable to achieve a positive vote on a proposition within two years from the date of the first election on a proposition, the board may, by resolution, reconstitute the authority as a single - county body. With a two-thirds vote of the entire membership of the voting mem- bers, the board may also dissolve the authority. [1994 c 44 § 1; 1993 sp.s. c 23 § 62; 1992 c 101 § 3.] Effective dates -1993 sp.s. c 23: See note following RCW 43.89.010. 81.112.040 Board appointments— Voting- Expenses. (1) The regional transit authority shall be governed by a board consisting of representatives appointed by the county executive and confirmed by the council or other legislative authority of each member county. Member- ship shall be based on population from that portion of each county which lies within the service area. Board members shall be appointed initially on the basis of one for each one hundred forty -five thousand population within the county. Such appointments shall be made following consultation with city and town jurisdictions within the service area. In addition, the secretary of transportation or the secretary's designee shall serve as a member of the board and may have voting status with approval of a majority of the other members of the board. Only board members, not including alternates or designees, may cast votes. (1994 Ed.) Regional Transportation Authorities 81.112.040 Each member of the board, except the secretary of transportation or the secretary's designee, shall be: (a) An elected official who serves on the legislative authority of a city or as mayor of a city within the bound- aries of the authority; (b) On the legislative authority of the county, if fifty percent of the population of the legislative official's district is within the authority boundaries; or (c) A county executive from a member county within the authority boundaries. When making appointments, each county executive shall ensure that representation on the board includes an elected city official representing the largest city in each county and assures proportional representation from other cities, and representation from unincorporated areas of each county within the service. area. At least one -half of all appointees from each county shall serve on the governing authority of a public transportation system. Members appointed from each county shall serve staggered four -year terms. Vacancies shall be filled by appointment for the remainder of the unexpired term of the position being vacated. The governing board shall be reconstituted, with regard to the number of representatives from each county, on a population basis, using the official office of financial management population estimates, five years after its initial formation and, at minimum, in the year following each official federal census. The board membership may be reduced, maintained, or expanded to reflect population changes but under no circumstances may the board member- ship exceed twenty -five. (2) rMajor decisions Hof the authority shall require a favorable vote of two - thuds of the entire membership of the voting members. "Major decisions" include at least the following: System plan adoption and amendment; system phasing decisions; annual budget adoption; authorization of annexations; modification of board composition; and execu- tive director employment. (3) Each member of the board is eligible to be reim- bursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and to receive compensation as provided in RCW 43.03.250. [1994 c 109 § 1; 1992 c 101 § 4.] 81.112.050 Area included — Elections. (1) At the time of formation, the area to be included within the boundary of the authority shall be that area set forth in the system plan adopted by the joint regional policy committee. Prior to submitting the system and financing plan to the voters, the authority may make adjustments to the boundaries as deemed appropriate but must assure that, to the extent POSsible, the boundaries: (a) Include the largest- population urban growth area designated by each county under chapter 36.70A RCW; and (b) follow election precinct boundaries. F a Portion of any city is determined to be within the service ate. the entire city must be included within the boundaries af the authority. (2) After voters within the authority boundaries have PtOved the system and financing plan, elections to add contiguous to the authority boundaries may be called resolution of the regional transit authority, after consul- St) tation with affected transit agencies and with the concurrence of the legislative authority of the city or town if the area is incorporated, or with the concurrence of the county legisla- tive authority if the area is unincorporated. Only those areas that would benefit from the services provided by the au -. thority may be included and services or projects proposed for the area must be consistent with the regional transportation plan. The election may include a single ballot proposition providing for annexation to the authority boundaries and imposition of the taxes at rates already imposed within the authority boundaries. [1992 c 101 § 5.] 81.112.060 Powers. An authority shall have the following powers: (1) To establish offices, departments, boards, and commissions that are necessary to carry out the purposes of the authority, and to prescribe the functions, powers, and duties thereof. (2) To appoint or provide for the appointment of, and to remove or to provide for the removal of, all officers and employees of the authority. (3) To fix the salaries, wages, and other compensation of all officers and employees of the authority. (4) To employ such engineering, legal, financial, or other specialized personnel as may be necessary to accom- plish the purposes of the authority. [1992 c 101 § 6.] 81.112.070 General powers. In addition to the powers specifically granted by this chapter an authority shall have all powers necessary to implement a high capacity transportation system and to develop revenues for system support. An authority may contract with the United States or any agency thereof, any state or agency thereof, any public transportation benefit area, any county, county transportation authority, city, metropolitan municipal corpo- ration, special district, or governmental agency, within or without the state, and any private person, firm, or corpora- tion for: (1) The purpose of receiving gifts or grants or securing loans or advances for preliminary planning and feasibility studies; (2) the design, construction, or operation of high capacity transportation system facilities; or (3) the provision or receipt of services, facilities, or property rights to provide revenues for the system. An authority shall have the power to contract pursuant to RCW 39.33.050. In addition, can authority_ may contract with any governmental agency or with any private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands and rights of way of all kinds which are owned, leased, or held by the other party and for the purpose of planning, constructing, or operating any facility or perform- ing any service that the authority may be authorized to operate or perform, on such terms as may be agreed upon by the contracting parties. Before any contract for the lease or operation of any authority facilities is let to any private person, firm, or corporation, a general schedule of rental rates for equipment with or without operators applicable to all private certificated carriers shall be publicly posted, and for other facilities competitive bids shall first be called upon such notice, bidder qualifications, and bid conditions as the [Title 81 RCW —page 951 A 81.112.150 Title 81 RCW: form a local improvement district to provide any transporta- tion improvement it has the authority to provide, impose special assessments on all property specially benefited by the transportation improvements, and issue special assessment bonds or revenue bonds to fund the costs of the transporta- tion improvement. Local improvement districts shall be created and assessments shall be made and collected pursu- ant to chapters 35.43, 35.44, 35.49, 35.50, 35.51, 35.53, and 35.54 RCW. (2) The board shall by resolution establish for each special assessment bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, if any, covenants, and form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may include, but not be limited to: (a) A book entry system of recording the ownership of a bond whether or not physical bonds are issued; or (b) recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond and either the reissuance of the old bond or the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. The maximum term of any special assessment bonds shall not exceed thirty years beyond the date of issue. Special assessment bonds issued pursuant to this section shall not be an indebtedness of the authority issuing the bonds, and the interest and principal on the bonds shall only be payable from special assessments made for the improvement for which the bonds were issued and any local improvement guaranty fund that the authority has created. The owner or bearer of a special assessment bond or any interest coupon issued pursuant to this section shall not have any claim against the authority arising from the bond or coupon except for the payment from special assessments made for the improvement for which the bonds were issued and any local improvement guaranty fund the authority has created. The authority issuing the special assessment bonds is not liable to the owner or bearer of any special assessment bond or any interest coupon issued pursuant to this section for any loss occurring in the lawful operation of its local improvement guaranty fund. The substance of the limita- tions included in this subsection shall be plainly printed, written, or engraved on each special assessment bond issued pursuant to this section. (3) Assessments shall reflect any credits given by the authority for real property or property right donations made pursuant to RCW 47.14.030. (4) The board may establish and pay moneys into a local improvement guaranty fund to guarantee special assessment bonds issued by the authority. [1992 c 101 § 15.] 81.112.160 County assessor's duties. It shall be the duty of the assessor of each component county^1to certify annually to a regional transit authority the aggregate assessed valuation of all taxable property within the boundaries of the authority as the same appears from the last assessment roll of the county. [1992 c 101 § 16.] [Title 81 RCW —page 981 Transportation 81.112.170 Interim financing. A regional transit authority may apply for high capacity transportation account funds and for central Puget Sound account funds for high capacity transit planning and system development. Transit agencies contained wholly or partly within a regional transit authority may make grants or loans to the authority for high capacity transportation planning and system development. [1992 c 101 § 17.] 81.112.900 Section headings not part of law -1992 c 101. Section headings as used in this act do not constitute any part of the law. [1992 c 101 § 33.] 81.112.901 Severability-1992 c 101. If any provi- sion of this act or its application to any person or circum- stance is held invalid, the remainder of the act or the application of the provision to other persons or circumstanc- es is not affected. [1992 c 101 § 34.] 81.112.902 Effective date -1992 c 101. This act shall take effect July 1, 1992. [1992 c 101 § 35.] Sections 81.900.010 81.900.020 81.900.030 81.900.040 81.900.050 Chapter 81.900 CONSTRUCTION Continuation of existing law. Title, chapter, section headings not part of law. Invalidity of part of title not to affect remainder. Repeals and saving. Emergency -1961 c 14. 81.900.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. [1961 c 14 § 81.98.010. Formerly RCW 81.98.010.] 81.900.020 Title, chapter, section headings not part of law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law. [1961 c 14 § 81.98.020. Formerly RCW 81.98.020.] 81.900.030 Invalidity of part of title not to affect remainder. If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected. [1961 c 14 § 81.98.030. Formerly RCW 81.98.030.] 81.900.040 Repeals and saving. See 1961 c 14 81.98.040. Formerly RCW 81.98.040. 81.900.050 Emergency -1961 c 14. This act is necessary for the immediate preservation of the public p health and safety, the support of the state government and 15 existing public institutions, and shall take effect immediately [1961 c 14 § 81.98.050. Formerly RCW 81.98.050.] (1994 81.112.070 Title 81 RCW: board shall determine. This shall allow use of negotiated procurements. [1992 c 101 § 7.] 81.112.080 Additional powers— Acquisition of facilities— Disposal of property— Rates, tolls, fares, charges. An authority shall have the following powers in addition to the general powers granted by this chapter: (1) To carry out the planning processes set forth in RCW 81.104.100; (2) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of high capacity transportation facilities and properties within authority boundaries including surface, underground, or overhead railways, tramways, busways, buses, bus sets, entrained and linked buses, ferries, or other means of local transportation except taxis, and including escalators, moving sidewalks, personal rapid transit systems or other people- moving sys- tems, passenger terminal and parking facilities and proper- ties, and such other facilities and properties as may be necessary for passenger, vehicular, and vessel access to and from such people- moving systems, terminal and parking fa- cilities and properties, together with all lands, rights of way, property, equipment, and accessories necessary for such high capacity transportation systems. When developing specifica- tions for high capacity transportation system operating equipment, an authority shall take into account efforts to establish or sustain a domestic manufacturing capacity for such equipment. The right of eminent domain shall be exercised by an authority in the same manner and by the same procedure as or may be provided by law for cities of the first class, except insofar as such laws may be inconsis- tent with the provisions of this chapter. Public transportation facilities and properties which are owned by any city, county, county transportation authority, public transportation benefit area, or metropolitan municipal corporation may be acquired or used by an authority only with the consent of the agency owning such facilities. Such agencies are hereby authorized to convey or lease such facilities to an authority or to contract for their joint use on such terms as may be fixed by agreement between the agency and the authority. The facilities and properties of an authority whose vehicles will operate primarily within the rights of way of public streets, roads, or highways, may be acquired, devel- oped, and operated without the corridor and design hearings that are required by RCW 35.58.273 for mass transit facilities operating on a separate right of way; (3) To dispose of any real or personal property acquired in connection with any authority function and that is no longer required for the purposes of the authority, in the same manner as provided for cities of the first class. When an authority determines that a facility or any part thereof that has been acquired from any public agency without compen- sation is no longer required for authority purposes, but is required by the agency from which it was acquired, the authority shall by resolution transfer it to such agency; (4) To fix rates, tolls, fares, and charges for the use of such facilities and to establish various routes and classes of service. Fares or charges may be adjusted or eliminated for any distinguishable class of users. [1992 c 101 § 8.] [Title 81 RCW —page 96] Transportation 81.112.090 Agreements with operators of high capacity transportation services. Except in accordance with an agreement made as provided in this section, upon the date an authority begins high capacity transportation service, no person or private corporation may operate a high capacity transportation service within the authority boundary with the exception of services owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or fare is charged. The authority and any person or corporation legally operating a high capacity transportation service wholly within or partly within and partly without the authority boundary on the date an authority begins high capacity transportation service may enter into an agreement under which such person or corporation may continue to operate such service or any part thereof for such time and upon such terms and conditions as provided in such agreement. Such agreement shall provide for a periodic review of the terms and conditions contained therein. Where any such high ca- pacity transportation service will be required to cease to operate within the authority boundary, the authority may agree with the owner of such service to purchase the assets used in providing such service, or if no agreement can be reached, an authority shall condemn such assets in the manner and by the same procedure as is or may be provided by law for the condemnation of other properties for cities of the first class, except insofar as such laws may be inconsis- tent with this chapter. Wherever a privately owned public carrier operates wholly or partly within an authority boundary, the Washing- ton utilities and transportation commission shall continue to exercise jurisdiction over such operation as provided by law. [1992 c 101 § 9.] 81.112.100 Transfer of local government powers to authority. An authority shall have and exercise all rights with respect to the construction, acquisition, maintenance, operation, extension, alteration, repair, control and manage- ment of high capacity transportation system facilities that are identified in the system plan developed pursuant to RCW 81.104.100 that any city, county, county transportation authority, metropolitan municipal corporation, or public transportation benefit area within the authority boundary has been previously empowered to exercise and such powers shall not thereafter be exercised by such agencies without the consent of the authority. Nothing in this chapter shall restrict development, construction, or operation of a personal rapid transit system by a city or county. An authority may adopt, in whole or in part, and may complete, modify, or terminate any planning, environmental review, or procurement processes related to the high capacity transportation system that had been commenced by a joint regional policy committee or a city, county, county transpor- tation authority, metropolitan municipality, or public trans- portation benefit area prior to the formation of the authority. [1992 c 101 § 10.] 81.112.110 Acquisition of existing system — Components. If an authority acquires any existing compo- nents of a high capacity transportation system, it shall (1994 Ed.) Regional Transportation Authorities 81.112.110 assume and observe all existing labor contracts relating to the transportation system and, to the extent necessary for operation of facilities, all of the employees of such acquired transportation system whose duties are necessary to operate efficiently the facilities acquired shall be appointed to comparable positions to those which they held at the time of such transfer, and no employee or retired or pensioned employee of such transportation systems shall be placed in any worse position with respect to pension seniority, wages, sick leave, vacation or other benefits that he or she enjoyed as an employee of the transportation system prior to such acquisition. At such times as may be required by such contracts, the authority shall engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the ac- quired transportation system and may enter into labor contracts with such employee labor organization. Facilities and equipment which are acquired after July 1, 1993, related to high capacity transportation services which are to be assumed by the authority as specifically identified in the adopted system plan shall be acquired by the authority in a manner consistent with RCW 81.112.070 through 81.112.100. [1992 c 101 § 11.] 81.112.120 Treasurer— Funds — Auditor —Bond. The board of an authority, by resolution, shall designate a person having experience in financial or fiscal matters as treasurer of the authority. The board may designate, with the concurrence of the treasurer, the treasurer of a county within which the authority is located. Such a treasurer shall possess all of the powers, responsibilities, and duties the county treasurer possesses for a public transportation benefit area authority related to investing surplus authority funds. The board shall require a bond with a surety company authorized to do business in the state of Washington in an amount and under the terms and conditions the board, by resolution, from time to time finds will protect the authority against loss. The premium on any such bond shall be paid by the authority. All authority funds shall be paid to the treasurer and shall be disbursed by the treasurer only on warrants issued by the authority upon orders or vouchers approved by the board. The treasurer shall establish a special fund, into which shall be paid all authority funds, and the treasurer shall maintain such special accounts as may be created by the authority into which shall be placed all money as the board may, by resolution, direct. If the treasurer of the authority is the treasurer of a county, all authority funds shall be deposited with the county depositary under the same restrictions, contracts, and security as provided for county depositaries. If the treasurer of the authority is some other person, all funds shall be deposited in such bank or banks authorized to do business in this state that have qualified for insured deposits under any federal deposit insurance act as the board, by resolution, shall designate. The authority may by resolution designate a person having experience in financial or fiscal matters, as the auditor of the authority. Such auditor shall possess all of the Powers, responsibilities, and duties related to creating and (1994 Ed.) maintaining funds, issuing warrants, and maintaining a record of receipts and disbursements. The board may provide and require a reasonable bond of any other person handling moneys or securities of the authority, but the authority shall pay the premium on the bond. [1992 c 101 § 12.] 81.112.130 General obligation bonds. Notwithstand- ing RCW 39.36.020(1), an authority may at any time contract indebtedness or borrow money for authority purpos- es and may issue general obligation bonds in an amount not exceeding, together with any existing indebtedness of the authority not authorized by the voters, one and one -half percent of the value of the taxable property within the boundaries of the authority; and with the assent of three - fifths of the voters therein voting at an election called for that purpose, may contract indebtedness or borrow money for authority purposes and may issue general obligation bonds therefor, provided the total indebtedness of the authority shall not exceed five percent of the value of the taxable property therein. Such bonds shall be issued and sold in accordance with chapter 39.46 RCW. The term "value of the taxable property" shall have the meaning set forth in RCW 39.36.015. [1992 c 101 § 13.] 81.112.140 Revenue bonds. (1) An authority may issue revenue bonds to provide funds to carry out its authorized functions without submitting the matter to the voters of the authority. The authority shall create a special fund or funds for the sole purpose of paying the principal of and interest on the bonds of each such issue, into which fund or funds the authority may obligate itself to pay such amounts of the gross revenue of the high capacity transporta- tion system constructed, acquired, improved, added to, or repaired out of the proceeds of sale of such bonds, as the authority shall determine and may obligate the authority to pay such amounts out of otherwise unpledged revenue that may be derived from the ownership, use, or operation of properties or facilities owned, used, or operated incident to the performance of the authorized - function for which such bonds are issued or out of otherwise unpledged fees, tolls, charges, tariffs, fares, rentals, special taxes, or other sources of payment lawfully authorized for such purpose, as the authority shall determine. The principal of, and interest on, such bonds shall be payable only out of such special fund or funds, and the owners of such bonds shall have a lien and charge against the gross revenue of such high capacity transportation system or any other revenue, fees, tolls, charges, tariffs, fares, special taxes, or other authorized sources pledged to the payment of such bonds. Such revenue bonds and the interest thereon issued against such fund or funds shall be a valid claim of the owners thereof only as against such fund or funds and the revenue pledged therefor, and shall not constitute a general indebtedness of the authority. (2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW. [1992 c 101 § 14.] 81.112.150 Local improvement districts autho- rized— Special assessment bonds. (1) An authority may [Title 81 RCW —page 97j �:• 299490 13 •1 • DD. vm.,N71� _ \---- --< - -- \-- •061 IA 3/11011MBOT WHITER- a. GREEN n . L oMl RIVER •, MyMy °ITT _IpCATOM yACA.... „131, ..."..' .F �".TM 103 pale ±. tj° 1i'\ s.- TDP liner 11,430.**' \/. I • SEPMATE DONMENT / ^ \ �/— _,1 .� -I ( 4a{Jv� �T- /1i \ `P ,1$,C g N P TOTAL •� L /, - 7 ; \ \ I y H R.I /xLDd \ \I L- x00.xJ' // :M 'R T Q P%L X41 Aj0 P" vnRES-a!i� " POLES \ 1 e- bb30.40. 2 • 6. .1' roa." r•" -'` / C' ii - \ R- 1!3100' 3 •• 10. i f• `V� % I I L.St`0.S ° N i .rI -LOT7 ltA:1 I DIY •3' 1.01 ACHES \ \ i4>R�.i I M02'M'10' a \\ li I R- 777144 \ I 1 -100.14 IL Asa.V wan 1. .MO v.[/JWO AO woncit fl t 0611 AK NOA 1b30Da.ONV 12 "M • IM°0a014•AON°M, PA4 SL OO,o MS 116 - t ICD MN( NO M06 6 PDNMMMT 112 W116 A &NOW 011.3 TOTAL RATOI N WORM= ITN MO 10.1]6 3 R Nam IDE a R wow.. IfAAO OAOM601 tLW . N O MOLD 61 t M,6D�1 MMm1� W NTalYOOL t R "to s135 �1°rz AV ORM PROMO &D67 WOO *MT OOOIMYC111r 6 Alt IOOAMNa ROor BA LAM OO D. R. PAUL MOM, !AT COI Ma Mt IRA=OI - 6 R 10CADW a R minima PROMO 6VLMY LorAnoN NO WM IV OR FOWL Sas003401 ♦ ASOrtan IL, N6 MOM O 121010 ��• ',tom v 911 *4006 LOUT"UONR V PO r6�iA 110l A6 9V7? it N INt Nm6M4N I MT" • • 'n°' i� LOT2 LLL}}} 3.07 ACRES- .. �$ I Ir ORAAIACE lUT 7 REC. NO.T1�1314341 . C.ob1I'6Y 1 R- 04x0.1' 1 1- t027a' 1 C Z • . � R " • s \ m_a. �� se_r 1 \ � -414 SI OJT V I ° :.II V1 = ]J] 1�3g01 LOT 2 if A„ 1 11 I SUBDIVIDE& Q$ b, I u, I mNl0t 1L memo I MdE00 DEVELOPMENT CO. 213 LAKE STREET 30L �• 1 IOP&4140. WA. 10033 PMJ425J 022 -4114 ...mM •nAnn a.• T& • rl A AMmN NOWL.[ bl4" N'. • MUNI 31.1111OPT mewl nu ma 11.13 0010 NMI' OP MO OM AV A MIG NN AT Ow Ow 1OM12M1 ICd1 WIN 1 AMp 16 R 3.6100 MOT IOCATABI3 Ammo T• IK sooaar PLAT. LOT ° " �6aOI ON NO Mt POI AM 1007000 CP no IDOLS EMA% 07 LOT I OT E TO AEmj AIM1 NLY VR1S LOT 1 41U 64L A0232 TO A POLO 2617 V MC NAIL MOMOUSILD T R .00 .M01b a A MM MIT 1.07 - • los le 4�$•• is,•r' a ,00°11; Kin' t J7l�' .11nM.e.rr ».w+ STRANDER et.r°IVN 6/,) ,101..17 ' . TRACT 2 'se ANDOVER INDUSTRIAL TRACT 1 RK NO.4 VOL, TMr1° 022030 tam, P.11 onl t.+.vro L_Rq ooy\ Sound Transit Sounder Station Property Profile Item Recording # Subject # of pgs. 1. 337825 Unreadable 2 2. 3480349 deed 3 3. 3485349 Lease termination Deed 3 2 4. 3832692 5. 4131067 Deed 1 6. 5417049 Easement of electirc lines 3 7. 5430287 Deed 1 8. 5927062 Easement to Olymipic Pipeline 3 9. 6202565 Deed 2 10. 6255262 Glacier to Metro for sewer line 4 11. 6384960 Glacier to Metro for sewer line 3 12. 7402080365 Nelson to Tukwila for for sewer 8 13. 8304250790 Deed Glacier to BN 8 14. 8306290778 Easement for water main 3 15. 8404050908 Deed Glacier to BN 6 16. 8404050909 Deed Glacier to Meridian Land and Minerial 6 17. 8904171210 Deed 2 /18. 19. 9003121658 Lease Nelson to McLeod 4 9010310530 Agreement to be subject to SAO 3 20. 9101231527 Easement Nelson to Tukwila for Storm Drain 10 21. 9103011317 Deed 2 9104100937 Agreement to be subject to SAO 3 323D 9203161730 Lot Consolidation (Vicinity of Proposed Lots 3 & 4) Agreement Tukwila and McLeod 7 16 24. 9205130556 25. 9305182052 Easement Nelson /Mcleod to Seattle Water for supply line 5 26. 9305182053 Easement Seattle to McLeod for road, peds, and storm 8 27. �. 9305182054 Permit Agreement Seattle to McLeod for Landscape and Peds 8 ...2:8. 9402011199 Easement Nelson to Tukwila for storm line along Longacres Way 10 29. 9403101159 Easement Nelson to Tukwila for storm drain 6 30. 9403101160 Utility Crossing Permit Seattle to Tukwila 2 31. 9404131434 Water Easement Nelson to Tukwila 3 C: \ mcb \ST\sounder \EasementList.doc - 1 of 2 - Sound Transit Sounder Station Property Profile Item Recording # Subject # of pgs. 32. 9404131437 Developer's Agreement Tukwila to McLeod 25 33. 9601231152 Easement Agreement Boeing to McLeod Parking and access to Boeing property for all owners /users 28 34. 9609130558 Easement Nelson to McLeod utility and access 7 35. 9811051957 Deed of ground lease McLeod to ST reference recording #9504121235 6 36. 9811051958 Deed Nelsen et al to ST 37. 9811051959 Easement ST to McLeod for utilities 16 38. 9811051960 Strander easement McLeod to ST 11 39. 9811051961 S 158 St. Easement Reciprocal McLeod /ST 15 40. 9811051962 Easement Reciprocal ST /McLeod across proposed Lot 1 13 41. 9811051963 Nuisance Easement McLeod to ST 12 42. _ 9811051965 Temporary Easement construction McLeod to ST 11 9811052197 Deed Nelsen et al. To McLeod 3 C:\ mcb \ST\sounder \EasementList.doc - 2 of 2 - 12/13/00 WED 14:04 FAX 12063 5 °t6 COMMUTER RAIL 001 Sound rarisit Original -4477 cpy-£f re ei S' zs. RECD #VED DEC 1 3 2000 AGREEMENT FOR PRIVATE CROSSING AGREEMENT, Made this 1 day of .D.R.c.e,,i4e, 20f20 subject to pat %I/441<s conditions set forth herein between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation (hereinafter called "BNSF "), its successors and assigns, party of the first part; and Central Puget Sound Regional Transit Authority, established by King, Pierce and Snohomish counties of Washington State ( "Sound Transit "), party of the second part. RECITALS: Sound Transit has requested of BNSF perry corridor and tracks of BNSF at or near BNSF's static Washington, Line Segment 51, Mile Post 10.8X, at' the print hereto attached, No. ST 001, dated 11/200 hereof, which permission BNSF is willing to grant 14 Post -it' Fax Note 7671 . , , , 5 , ( 0 0 I's' • To - .JILL. il oSQvZ.t7A From -....11"="? KLJt.•,�;A: CoJDept. p - Co. 5. ......-r-- Phone x r Phones .— G, Fax n s Fax n ARTICLE I AGREEMENT: In consideration of the covenants of Sound Transit hereinafter set forth, BNSF hereby agrees to be responsible for all costs for the maintenance and renewal, upon BNSF's rail corridor, except as set forth elsewhere herein. at the location shown on Exhibit A, a private grade separated road crossing under Bridge 10.8X, and gives Sound Transit a non - exclusive license and permission to enter upon and cross BNSF's property. For convenience, said crossing, including the entire bridge structure, foundation and support components and all appurtenances thereto , barriers, drainage facilities, traffic signs or devices, identification signs approved by BNSF, whistling posts, or other appurtenances, if any, are hereinafter collectively referred to as the "Crossing." This agreement shall be effective on the date indicated above and shall cont:i tue in effect for so long as the "Commuter Rail Service Agreement between Central Puget Sound. Regional Transit Authority and between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY" dated May 2, 2000 is in effect, subject to prior termination as hereinafter described. ARTICLE II In consideration of the foregoing license and permission given by BNSF, Sound Transit hereby agrees: 1. (alto arrange for the placement of a security guard to be at the station during -• Sounder or Amtrak Operations, starting thirty (30) minutes prior to th&first train of the day and ending not less than (30) minutes after the last train of the day. _ Should Sound Transit fail to have a security guard at the station BNSF shall have the right. but not the obligation, to hire a guard and invoice Sound Transit for all costs and expenses incurred as a result. Sound Transit --agrees to pay these invoices in full with in 30 days of receipt of invoice. /i _ (b ) "—To pay all actual costs to replace & repair the bridge when in BNSF's or Sound 1.91 2. 1 Approved As to Form BNSF Law Dept. 12/13/00 WED 14:04 FAX 12061M5216 CO WUTER RAIL in no way impair the right of BNSF to e thereof. 12. This Mreement is the full and c Transit wits) respect to all matters relati all other agreement' between the parti Sound Transit Origin force that provision for any subsequent breach Sound Transit also warrants that Soun and to all improvements and facilities n Exhibit A and assumes all obligations u the removal thereof upon the expiratio 002 piete agreement between BNSF and,Sound to use of the Crossing, and supersedes any an hereto relating to use of the Crossing. Transit has acquired all right, title, and interest in w located at the location shown on the.attached der this License with respect thereto, .including or termination of this License. IN WITNESS WHEREOF, the parties h ve executed this agreement in duplicate the day and year first above written. THE BURLIN COMPANY TON NORTHERN AND SANTA FE RAILWAY BY (Y /4t74' SOUND TRANSIT By: � Z 7 Approvcxd As to Form BNSF Law Dept. 12/13/00 WED 14:04 FAX 1206 52,6 Gx L'.:Grci COMMUTER RAIL • Q003 SOUND TRANSIT ORIGINAL AGRE&ENT RELATING O CONSTRUCTION OF PASSENGER 'LATFORM - AND RELOCATION OF UTILITIES AT.TUK"WILA, WASHINGTON; - `T7iis agreement ( "Agreement ") is made as of this 15t1i day Hof Noveml?er, 2000, between CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHO ITY, a. government authority, established • by King, Pierce, and Snohomish counties of ashington ( "Sound Transit "), with its office at 401 .South Jackson Street, Seattle, Washington 5104 -25261 and THE BURLINGTON NORTHERN AND SANTA FE RAILWAY CO ANY, a Delaware corporation ("Railway"). WHEREAS, Sound Transit desires to construct a passenger platfonn aid related improvements at Tukwila, Washington to support possible future commuter rail service that may be initiated over Railway's rail corridor between Tacoma and Seattle, Washington; WHEREAS, in connection with Sound Transit's construction of a: passenger platform and related improvements' at Tukwila, Washington, Railway will be require¢;to perform certain work on its facilities; WHEREAS, Sound Transit desires that Railway complete this work to accommodate Sound Transit's passenger platform at Tukwila, Washington and is .agreeable to reimbursing Railway its cost of completing the work on its facilities; and WHEREAS, Sound Transit and Railway acknowledge that this Agreement and the activities governed by this Agreement do not in any way commit either Sound :Transit or Railway to initiation of any commuter rail service between Tacoma and Seattle, Washington; NOW, THEREFORE, in consideration of the mutual covenants herein. contained. Sound Transit and Railway agree as follows: . Sound Transit shall perform its work in accordance with detailed plans and specifications which shall be prepared by Sound Transit and submitted to Railway for review and approval in accordance with the terms of a lease between Sound . Transit and Railway, dated December 1, 1999, that covers Sound Transit's lease of a portion of Railway's rail corridor for construction, and possible operation, of a passenger platform and related improvements at Tukwila, Washington. The location of Sound Transit's work shall be approximately .where it is depicted on Exhibit A. attached hereto and made a part hereof. Sound Transit hereby confirms ;that all plans and specifications for its passenger platform and related improvements have been . submitted to- Railway for prior review and approval. Sound Transit shall undertake no work pursuant to such plans and specifications until after Sound Transit has received a written Notice to Proceed from Railway's Director of Commuter.Construction. Nothing in this Agreement with respect to said plans and specifications shall be construed or deemed to be a ratification or an adoption by Railway of such plans and specifications as its own. 1 Approved as to form — BNSF Law Department 12/13/00 WED :05 FAX 1206341216 COMMUTER RAIL XI 21004 SOUND TRANSI RIGINAL This agreement shall inure to the benefit of, and be bindirig o , the parties heretolhcir successors and assignees. IN WITNESS WHEREOF, authorized representatives of Railway and Sound executed this Agreement as of the date first written herein. ransit have CENTRAL PUGET SOUND EGIONAL TRANSIT AUTHORITY ■r By: Title: THE BURLINGTON NORT ERN AND SANTA FE RAILWAY CO ANY By: 6t)t Title: 5 Approved as to form — BNSF Law Department i0/32000 MON 14:27 FAX 2063985228 REAL- ESTATE • SOUNDTRANSIT Central Puget Sound Regional Transit Authority Union Station 401 S. Jackson St. Seattle, WA 98104.2826 If there is a problem with this transmission, please call he sender. MESSAGE Moira, CCT 3..3X20000 COMIVYUNI 1 1 DEVELOPMENT DATE OCTOBER 30, 2000 # PAGES SENT (INCLUDING COVER) 10 TO MOIRA BRADSHAW ri PHONE (206) 431 -3651 AGENCY/ COMPANY CITY OF TUKWILA FAX (206) 431.3665 FROM CHRISTINA GREENE DEPT/ DIV Legal/Real Estalr PHONE (206) 398 -5029 FAX (206) 398 -5228 SENT BY CHRISTINA GREENE PHONE Following are the Private Road Crossing Agreements with Union Pacific Railroad. I have included the Agreement for crossing at 158th and Longacres and the Agreement for crossing at 158th and Stti.; =der. You may already have the latter but I've included it for good measure. Please call if I can supply further information. Sincerely, nom. Christina Greene ❑ URGENT ❑ FOR YOUR REVIEW ❑ REPLY A.S.A.P. 0 PLEASE COMMENT ❑ NO REP! ;r NEEDED l� 001 '10/30/2000 MON 14:27 FAX 2063985228 REAL- ESTATE Z0 ' 3Jtld 8ZZSS6 _._. OCT 09 2060 15:43 Mgr. a REAL ESTATE DCPT402 99? 3601 • X063995229 pRX 880805 Standard Porn Approved, AVP•Law PRIVATE ROAD CROSSING AGREEMENT Mile Post 172.384, Seattle SubdivisionlBtaach Location: Tukwila, King County. Washington P. 02'02 I 0 0 2 Folder Number: 01900 -56 AUDITL THIS AGREEMENT is made this day 20 !Q, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at 1800 Faraam Street, Omaha, Nebraska 68102 (hereinafter "Licensor"), ceensr"), and CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY - SOUND TRANSIT, ; , whose address is 401 S. Jackson Street, Seattle, W tasl h gton (hereinafter "Licensee "). RECITALS! The Licensee desires the condoned maintenance and use of an existing private road crossing (hereinafter "Road Crossing"). consisting of underpass private road crossing and all appurtenances thereto, including but; not limited to any gates, cattle guards, stop signs or identification signs, drainage facilities, on. over and aerose the Licenser's right-or-way on the Seattle Subdivision trackage at Mite Post 172.380, !Sather identified as DOT Number 396 572V, at or near Tukwila, King County, Wasbmgton, in the location shown on the attached print marked Exhibit "A ". The Licensor is willing to grant the Licensee the tight to cross its right - of-way and tracks at the location shown on Exhibit '`A" subject to the terms set forth below. NOW, THEREFORE, the parties agree as follows: Article I. LICENSOR GRANTS RIGHT. The Licensor grants the Licensee the right to cross its right -of -way and tracks at the location shown on. Exhibit 'W' subject to the terms set forth herein and in the attached Exhibit B, together with the right of'entry to control and remove from the Licensor's right -of -way, on each side of the Road Crossing, weeds and vegetation which may obstruct the view of motorists approaching the crossing area to any trains that may also be approaching the craasing ;area. Article 2. CONSIDERATION. b. In consideration of the license and permission granted here' the, cense. agrees to obaeive and abide by the terms and conditions of this Agreement and to pay to the License a e fee of ONE THOUSAND EIGHT HUNDRED DOLLARS (51,800.00) upon execution of tail agreement. b. Effective on the fast anniversary of this Agreement and on the anniversary date of eachsnbseguent one -year period, the license fee will be increased at a rate of three percent (3 %) per annum. Such changes in the license fee may be made by means of an automatic adjustment in billing. c. Effective on or after the fifth anniversary of this Agreement and on or after the aztiveisary date of each subsequent five-year period, the Licensor may reevaluate the base upon which the above license foe' is computed. Such changes is the license fee may be made by means of automatic adjustment in billing. Such adjustments may be made only once during each such five-year period and shall notbe applied retroactively. "' 01 900.56.prx . Artiolcs of Agrcemark ? September 15, 2000 • Page 1 ** 'TOTAL PRGE.02 ** ZOOVI 3J.V.LSH-1V3S 8ZZS86t;90Z.IVA 95.;ZT NON o00Z /60 /0T 10/30;2000 MON 14:28 FAX 2063985228 REAL- ESTATE Article 3. LIABILITY INSURANCE. a. The Licensee shall provide the Licensor with a certificate, identifying Folder No. 01900 -56, issued by the insurance carrier providing the insurance coverage required pursuant to Exhibit B -1 of this Agreement in;a policy which contains the following type endorsement. Cj 003 "UNION PACIFIC RAILROAD COMPANY is named as additional insured with respect to all liabilities arising out Insured's (as Licensee) construction, maintenance and use of the road crossing on Licensoz's property." Licensee WARRANTS that this Agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/brokez(s) has been instructed to procure insurance coverage and an endorsement as required herein:, b. All insurance correspondence shall be directed to: Union Pacific Railroad Company, Real Eritae Department, 1 800 Farnam Street, Omaha, NE 68102, with reference to Folder No. 01900 -56. Article 4. TERM. This Agreement shall be effective as of the date first herein written, and shall continue in full force, and effect until terminated as provided in Exhibit B. 114 WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of tbe:'date first herein written. WITNESS: WITNESS: cam, ACIFIC RAILROAD COMPANY, - c By hector — Contracts CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY - SOUND TRANSIT By a O ' (16 Title: 01900- 56.prx Articles of Agreement September 15, 2000 Page 2 MON 14 :28 FAX 2063985228 ' L j A• 004 � « •• Jg� •S - : S • om » « ./' { « :; • ¢Z 4 1 g :; w z .,@ % • • • 4 ' 10/30/2000 MON 14:32 FAX 2063985228 • PRX S8OS05 A Form Approved, AVP -Law • REAL- ESTATE EXHIBIT B SECTION 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The rights granted to the Licensee are subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire railroad right of way, and are also subject to the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify iii! relocate railroad tracks, signal, communication, fiber optics or other wire lines, pipelines and other facilities ulaon, along or across any or all parts of said right of way, any of which may be freely done at any time by the Licens o without liability to the Licensee or to any other party for compensation or damages. (b) The Licensee's rights are also subject to all outstanding superior rights (including those in favor of licensees, lessees of said right of way, and others) and the right of the Licensor to renew anc';extend the same, and are granted without covenant of title or quiet enjoyment. (c) It is expressly stipulated that the Road Crossing is to be a strictly private one and Lin not intended for public use. The Licensee, without expense to the Licensor, will take any and all necessary action to preserve the private character of the Road Crossing and prevent its use as a public road. SECTION 2. MAINTENANCE AND USE. (a) . The Licensor, at the sole expense of the Licensee, shall maintain the portion of the Road Crossing lying between the rails of the tracks and for one (1) foot on the outside of each rail; provided, however, that such maintenance work shall be limited to that required for the safe and efficient operation of its tracks, and such other maintenance as the Licensor has agreed to perform on specific request of the Licensee. , tte Licensee, at its own expense, shall maintain the remaining portion of the Road Crossing and shall keep the rail flangeways clear of obstructions. 3; (b) The Licensee shall, at its sole expense, maintain, repair, renew and replace any gates, cattle guards, drainage facilities, traffic signs or devices, identification signs approved by the Licensor or olciter appurtenances shown on Exhibit "A ". The Licensee shall, at its own expense, install and thereafter maintain any such appurtenances that may subsequently be required by the Licensor, by law, or by any pubis authority having jurisdiction. The Licensee shall control vegetation along the right of way on each side of the c uossing so that the Licensee's line of sight to approaching trains is not impaired or obstructed by vegetation. All irork performed by the Licensee on the right of way shall be done to the satisfaction of the Licensor. (c) The Licensee shall require all vehicles approaching the crossing to stop a safe `;distance from the tracks before crossing the tracks. The Licensee shall keep any gate affording access to the Read Crossing closed and locked at ai; times except during the time of actual passage through it onto or from the lbmd Crossing. The Licensee shall not do, suffer or permit anything which will or may obstruct, . endanger or inteA:re with, hinder or delay the maintenance and operation of the Licensor's railroad tracks or appurtenant facilitie.al,or the facilities or equipment of others lawfully using the Licensor's property. The Licensee shall adequately sspervise and police use of said Road Crossing so that no person, vehicle or livestock stops or stands on the censor's tracks or attempts to cross the Licensor's railroad tracks when a railroad train, engine, equipment, or aril is approaching or occupying the Road Crossing. SECTION 3. MODIFICATION OR RELOCATION OF ROAD CROSSING. (a) Whenever the Licensor deems it necessary or desirable in the furtherance of its' { railroad operating requirements or for the improvement and use of its property to modify or relocate the Road C:: ;,sling: (1) the Licensor shall, at the sole expense of the Licensee, modify or move tho portion of the. Road Crossingging between the rails of the tracks and for one (1) foot on the outside (.1,?;sach rail; and 2) the Licensee shall, at the Licensee's sole expense, modify or move the i. esnaining portion of the Road Crossing and the appurtenances thereto. (b) All the terms of this agreement shall govern the continued maintenance and use r f the Road Crossing as modified or relocated pursuant to this section. lQ 005 SECTION 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. ! (a) Fiber optic cable systems may be buried on the Licensor's property. Licensers 'ihall telephone the Licensor at 1 -S00- 336 -9193 (a 24-hour number) to determine if fiber optic cable is burue.4 anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation of lother protection of the fiber optic cable prior to beginning any work on the Licensor's premises. EXHIBIT B Page 1 of 2 10/30/2000 MON 14:33 FAX 2063985228 . Form Approved, AVP -Law • ltRX 880805 A REAL- ESTATE • l] 006 a''' • (b) In addition to the liability terms elsewhere in this Agreement, the Licensee shall ind'emnif'y and hold the Licensor harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorneys' fees and court costs and expenses) arising out of or in any way contributed to by any lzet or omission of the Licensee, its contractor, agents and /or employees, that causes or in any.way or degree contributes to (1) any damage to or destruction of any telecommunications system by the Licensee, and /or its L('ontractor, agents and /or employees, on Licensor's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and /or its contractor, agents and /or employees, on Licensor's property, and /or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of servic.' by a customer or user of, such telecommunication company(ies). SECTION 5. INDEMNITY. The Licensee assumes the risk of and shall indemnify and hold harmless the Licensor Sad other railroad companies which use the property of the Licensor, their officers, agents and employees, againsrnd from any and all loss, damages, claims, demands, actions, causes of action, costs, attorneys' fees, fines, penalties and expenses of whatsoever nature (hereinafter "Loss") which may result from: (1) injury to or death of persons whomsoever, (including officers, agents and employees of the Licensor and of the Licensee, as well as other versons); (2) loss of or damage to property whatsoever (including damage to property of or in the custody of the Licensee and damage to the roadbed, tracks, equipment or other property of or in the custody of the Licensor and filch other railroad companies, as well as other property); or (3) the Licensee's failure to comply with any federal, state or local law, regulation, or enactment; when such Loss is due to or arises in connection with or as a result o:f;. (a) the construction of the Road Crossing; (b) any work done by the Licensee on or in connection with the Road Crossing; (c) the use of said Road Crossing by the Licensee, or the officers, agents, employees, of the Licensee, or by any other person; atrons or invitees (d) the use of said Road Crossing by the Licensee's successors or assigns or tiff officers, agents, employees, patrons or invitees of the Licensee's successors or assigns until the Licensee eithe :complies with the el provisions of Section 8 or terminates the agreement as provided in Section 6; or (e) the breach of any covenant or obligation assumed by or imposed . on the Licenst.4 pursuant to this agreement, o. the failure of the Licensee to promptly and fully do any act or work for wr:'4eb the Licensee is responsible pursuant to this agreement; it regardless of whether such Loss is caused solely or contributed to in part by the negligence ° f the Licensor, its officers, agents or employees. T. SECTION 6. TERMINATION ON BREACH OR ON NOTICE. `ill. (a) It is agreed that the breach of any covenant, stipulation or condition herein cont i.aed to be kept and performed by the Licensee shall, at the option of the Licensor, forthwith work a terminatiom I of this agreement and all rights of the Licensee hereunder. A waiver by the Licensor of a breach by the Licensesof any covenant or condition of this agreement shall not impair the right of the Licensor to avail itself of anyiaubsequent breach t; thereof. 'c,, (b) This agreement may be terminated by either party on thirty (30) days' written 0otice to the other party. SECTION 7. ' REMOVAL OF RO CROSSING. (a) Upon termination of this agreement howsoever, the Licensor shall, at the 13$e expense of the Licensee, remove said Road Crossing and restore the premises of the Licensor to a condition comparable to that existing immediately prior to the construction of said Road Crossing. y, (b) In the event of the removal of the Road Crossing as in this section provided, the L,i6ensor shall not be liable to the Licensee for any damage sustained by the Licensee for or on account of such removal, and such removal shall not prejudice or impair any right of action for damage, or otherwise, which the Licensor may have against the Licensee. SECTION 8. ASSIGNMENT. The Licensee shall not assign this agreement, or any interest therein to any purchaser, lessee or other holder of the property served by the crossing or to any other person, without the written consent of the Licensor. If the Licensee fails to secure the Licensor's consent to any assignment, the Licensee will continue to be responsible for obligations and liabilities assumed herein. EXHIBIT B Page 2 of 2 10/3P2000 MON 14:34 FAX 2063985228 REAL-ESTATE 'ERX 880805 A • ' Form Approved, AVP-Law 10/30/2000 MON 14:34 FAX 2063985228 REAL- ESTATE PRX 880805 PRE 880806 RX &E 880807 940408 FORM C EXHIBIT B -1 Large Commercial, Industrial, Contractors Private Grade Crossing and /or Encroachment Contractor's Road Crossing Insurance Requirements Licensee and /or its Contractor /Subcontractor shall, at its own ,d /or its Contractor's /Subcontractor's sole cost and expense, procure the following kinds of insurance and promptly pay when due all premiums for that insurance..; If it so elects, Licensor shall have the right to obtain such insurance and Licensee shall promptly reimburse Licensor for that expense. The following insurande.shall be kept in force during the life of this Agreement: ;j General Public Liability insurance providing bodily injury, including death, personal injury and property damage coverage. with a, combined single limit of at least $2,000,000 each occurrence or claim and a general aggregate limit of at least $4,000,000. This insurance,shall provide Broad Form Contractual Liability covering the indk:mnity provisions contained in this Agreement, Broad Form Property Damage, a �•,1 waiver of governmental immunity (ISO Form GL 24 14 or equivent), coverage for construction or demolition work on or near the railroad tracks, severability of interests and name Licensor as an add.:ional insured with respect to all liabilities arising out of Licensee's obligation to Licensor in the Agreement. If coverage is purchased on a 'claims -made' basis it shall provide for at least a three (3)1 year extended reporting or discovery period, which shall be invoked should insurance covering the time period of this Agreement be cancelled :1 Automobile Public Liability insurance providing bodily injuty and property damage with a combined single limit of at least $2,000,0'O each occurrence or claim. This insurance shall provide contractual liability by endorsement ISO Form CA 00 25 or equivalent covering all motor vehicles including hired and non-owned, mobile equipment to the:extent it may be excluded from general liability insurance, severabii.:ity of interests and name Licensor as an additional insured with respect to all liabilities arising out of Licensee's obligation to Licensor in the Agreement. Worker's Compensation insurance covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employer's Liability. also compliance with all laws of states which require participation_ in their state workers' compensation fund. The Licensee and /or its Contractor /Subcontractor hereby waives its, right of subrogation, as respects the above insurance policy(ies), against Ip. censor for payments made to or on behalf of employees of Licensee or its agents and for loss of its owned or leased property or property under its care, custody ,and control while on or near Licensor's right -of -way or other real property. Licensee's and /or its Contractor's /Subcontractor's insurance shall be primary with; respect to any insurance carried by Licensor. Licensee and /or its Contractor /Subcontractor shall furnish to Licensor certificate(s) of insurance evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of those policies. The insurance company(ies) issuing such policy(ies) shall notify Licensor in writing at least thirty (30) days prior to making any material alteration, including any change in the retroactive date in any 'claims-made' policies or` substantial reduction of aggregate limits (if such limits apply), or cancellation of any policy(ies). The insurance policy(ies) shall be written by a reputable insurance':;; company or companies acceptable to Licensor or with, a current Best's Insurance huide Rating of B and Class VII or better. Such insurance company shall be withorized to transact business in the state(s) affected by this Agreement. .,, r. Page 1 of 1 10/30/2000 MON 14:35 FAX 2063985228 • 9610C11. PRXADD Form,Approved by .Lav: REAL- ESTATE ADDENDUM NUMBER 1 TO LICENSE AGREEMENT IJ009 r+ 830 -84 AUL�T� /16 Y0L{ q This Addendum is made and entered Into this day of ao— by and among UNION PACIFIC RAILROAD COMPANY, a Delawar€ corp.,rati6n -to be addressed at 1800 Farman Street, Omaha, Nebraska 68102 (hereinafter "Licens ), MCLEOD. DEVELOPMENT COMPANY to be addressed at 213 Lake Street South, KirklanW.A. 98033 (hereinafter "First Licensee ") and CENTRAL PUGET SOUND REGIONAL TRANSIT AUTiORITY- SOUND TRANSIT to be addressed at 1100 2nd Avenue, Suite 500, Seattle, WA. 98 115 -3423 (hereinafter "Joint Licensee "). RECITALS: By instrument dated June 13; 1996, identified in Licensor's reco4 s as Agreement Audit Number 186904 (hereinafter "License Agreement "), an any amendments thereto, Licensor ranted to First Licensee g permission to con to ct, maintain and use a private road crossing on Licensor's right -of -way at 1 2:0, Seattle Subdivision, in Tukwila, King County, Washington (hereinafter Crossing "). " o;:td ffl Joint Licensee desires use of the Road Crossing, and to become a jc;int licensee under the License Agreement. Licensor and First Licensee are agreeable to Joint Licensee becoming joint licensee under the License Agreement, subject to the covenarts and conditions .suet forth herein and in the License Agreement. AGREEMENT: NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND AMONG THE; 'ARTIES HERETO AS FOLLOWS: 1. Effective as o 'add. Joint Licensee is made a party to. they License Agreement the same as if Joint Lic nsee ere named therein as the Licensee together, with First Licensee, and shall have all of the rights and obligations of the Licensee under the License Agreement. 2. Joint Licensee and First Licensee hereby agree that each of them, jointly and severally, shall be bound by all of the covenants,obligations and liabilities of the Licensee cntained f. in the License Agreement. 3. All notices, demands, requests or other communications which may lei; or are required to be given, served or sent by any party to the others pursuant to the License A.` •eement shall be in writing and deemed to have been properly given or sent: (a) if intended for Lic2nsor, by mailing by registered or certified mail, retum receipt requested, with postage prepaid, :`;dressed to Licensor at Union Pacific Railroad Company, Real Estate Department, 1800 Famam Street, Omaha, Nebraska 68102; (b) if intended for First Licensee, by mailing by registeredor certified mail, 1 prxadd.wpt 10/30/2000 MON 14:36 FAX 2063985228 REAL- ESTATE 961001.PRXADD Form Approved by La Q010 830-84 i� return receipt requested, with postage prepaid, addressed to MCLEOD D EIIOPMENT COMPANY at 213 Lake Street South, Kirkland, WA. 98033, or (c) if intended forJJ4 nt Licensee, by mailing by registered or certified mail, retum receipt requested, with postage prepaid, addressed. to CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY (SOUND TRANSIT) at1100 2nd Avenue, Suite 500, Seattle, WA. 98115 -3423. 4. Except as may be specifically provided in this Addendum, nothjng herein shal be deemed to amend or modify the License Agreement which shall remain in full force and effect. 5. Joint Licensee agrees to pay to Licensor an administrative handling charge of $1000.00 upon execution of this Addendum. . 6. This Addendum may be executed in any number of count , rpOs and by different parties hereto in separate counterparts, each of which when so executediand delivered shall be deemed to be an original and all of which counterparts of this consent, when taken together, shall consistute but one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Addendum ,to be duly executed on the day and year first above written. 'jE° Witness: N PACIFIC RAILROAD COMPANY T By Till J.A. ANTHONY DIRECTOR-CONTRACTS MCLEOD DEVELOPMENT COMPANY By Title: Witness: CENTRAL PUGET SOUND REGIONAL f. TRAN IT AUT - • ' • - SOUND TRANSIT prxadd.wpt OCT -25 -2000 14:51 r oTY OF RENTON 425 430 7300 P.01/02 EG N ED • RESOLUTION NO. 2416 GOB rr+ie 2000 INTERLOCALCOOPERATIVEAGREEMENT WITH ADJOININGOCITIESn- " '������ RESOLUTION N RE MUTUAL AID FOR FIRE SUPPRESSION AND /OR EMERGENCY • MEDICAL SERVICES Id CITY OF RENTON, WASHINGTON WHEREAS the.'City of Renton and adjoining Cities share common boundaries, and WHEREAS all Cities maintain Fire Departments with fire supression and medical aid equipment, and w WI.EREAS it is advisable to have a pre- arranged plan for oneCity,:• to assist the other in fire supression or emergency medical aid upon the occurrence of pre - established circumstances, and WHEREAS it is necessary to authorize the Mayor to enter such Interlocal Cooperative Agreement, now therefore FOLLOWS: into any THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDi1IN AS SECTION I: The above recitals are found to be true and correct in all respects. SECTION II: The Mayor is hereby authorized to enter into an Interlocal Cooperative Agreement with adjoining Cities permitting Cit.,;of Renton fire supression and /or aid .equipment to respond to fire alarms 'car requests for medical aid in adjoining Cities upon an automatic response basis in exchange for a similar automatic response agreement from adjoining Cities for the City of Renton fire and /or aid situations. PASSED BY THE CITY COUNCIL this 17th day of August, 1981. cd 7ze Delores _Mead,CCity Clerk APPROVED BY THE MAYOR this 17th day of August, 1981. Approvpd as to fa Lawrence J. City y Attorney I r• Barbara Y. Shi pock, Mayor Post -1t' FFax Note 7671 Oat - -� �� ��,l�� s. L /S I� i Phone # Phan, _ _ OCT -25 -2000 14:52 _CITY OF RENTON III 425 430 7300 P.02102 CAC 041 -81 ►. r ff .TN ?ES NATTER. OF OPERATING FIJI' SUPPRESJ'ION AND /OR EMERGENCY WFDICAL AID EQUIPMENT OUTSIDE THE NORMAL FIRE DEPARTMENT BOUNDARIES OF 271E CITIES OP RENTON AND Tw 'ILA, BE IT RESOLVED, that the fire departments the City of Tukwila shall be permitted to and /or aid equipment for mutual responses . boundaries where there is a signed Mutual of the City of Renton and respond with fire suppression` within their respective Aid Agreement d BE IT FURTHER RESOLVED, that, the Tukwila Fire Department and the Renton Fire Department enter into a contract for AUTOMATIC RESPONSES when a fire alarm or request for emergency medical aid is received by either fire department in the area of; AS OUTLINED ON THE RUN CARDS AT VALLEY COMM CENTER FOR FIRST, SECOND AND THIRD ALARM, where distance sequent alarms response. Or, the ability to of either depa , and /or size of the structure, or in the case of sub - is a factor which determines the need for additional where the distance and /or severity of injuries may effect deliver prompt emergency medical attention when requested rtment. This contract shall be binding upon both parties for a period year and shall automatically renew itself for a similarlengt o hofotime. This contract may be terminated by either party oni b notification to the other party not less .than ys p g`r to written 30 da desired termination date. 30 y prior to the TUX TUXTLA FIR?;' DEPARTMENT: X TODD, MA OR ATTEST: Maxine Anders n, City Clerk DATED THIS DAY OP 1981. • RENTON FIRE DEPARTMENT Barbara Y. Shinpoch, Mayor ATTEST: TITLE :Delores A. Mee City Clerk DATED THIS „/4I DAY OP , 1981. TOTAL P.02 11711 SOUNDTRANSTT September 26, 2CC0 John McFarland City Administrator City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98138 Faxed to: (206) 433 =1833 Dear John. oat t • *tv-\ \ tkofij 1 apologize for the delay '.n 'jetting back to you. Thad attempted to fax an earlier version of his letter to my office over he weekend but Just learned today that it was not received. Enclosed is a draft of elements : would like :o see in an MCA. do not believe they are inconsistent with the thoughts you provided me last week. :nstead, they are more detailed and cover he Sounder station T CD in addition ?o Link.. oeueve that this approach will be :Mere attractive to more 3oardmemoers. The area we need to talk about :s. timing. i had thought that Dave Eariing and i had 'dose ^.b.'t:a t0 you that a draft MCA would be he basis for starting detailed discussions among Dave and Sound Transit 3eardniembets. T nese discussions could lead to an action by he Board formally endorsing the Tukwila Freeway route .As we indicated. Dave is willing :o pursue :hose discussions but is not in a position :o represent that :he decision has been made. -That decision needs to be made in :he context of a Sound Transit Board review of its budget and :financial plan scheduled co occur in October and November. 1 will ask :hat a ieleenone conversation be scheduled soon for �'Js to 4iscuss the MCA. and :he timing, of a decision. - Jam- (9"9"'Ili'Ll 4c. • 'Crk'4% 0k Sincerely, Bob White Executive Director 3 W:akn Enclosure 4 ventral Puget Sound .1.RIOna1 Transit .Juttioritr Union Station 401 S. JStklon St. :e :ttlt.'ra 98104.L 2.6 let soden :06.. ^98.5.100 aesirnile :06.:98.5499 vwr.401t11gtrsnitt. or t r; -liar ri Chair e.e - ti.t..•1, r...., «..,.,.... S1116,41314 hr...t..'._ t :r" tnv(r.a.. 1:..11,11 4‘0444444s." t .•l..,.•!.n •a It-t.1 +.,t.. !_. {r.,! tt.,., r .::,...r.,,_.,,:.:, IL..l.....t ot.1... ...r �t...,. t:,r..l•..,.tt.., :.err: tCI .r,,.. ..r ,........ ......... k1 -..t. t•a -11.- h.....s . »-.I..1 ..... n -. . - ..,1. :.....fir...,.. .E�ns,4lgt.- hr•rr.Y,ta:. EartuuMn tllratto' .09/262000 14:30 206 -398 -5213 SOUND TRANSIT EXEC PAGE 03 • w� Outline of issues for Possible Agreement (note: these are riot intended to be specific MOA conditions but rather broad issues that we would flesh out into specific MOA language) � dujsuM' -'-, °" fo occw • 1. Sound Transit will commit an additional 5466 ill1. on (year 2000 dollars) to the Tukwila Freeway route (E4). This will include all design and construction costs, es. ate- . The The City will use its best efforts with ST to bring the project in within 's budget. • Pelf (At/twig) `' 04,tio carts 2. Mitigatiequired of ST for the Tukwila segment will be limited to that described within the Record of Dec' 'on by the Federal Transit Administration for the project. Should the City request additional above and beyond those contained in the Record of Decision, or as required by Federal Law; then the City will be responsible for suck additional costs. =5dA 4 "t rv.o2 ) Jit1 c. «,ck. SEAS : 1V101111.4.- ?AAA— 3c +,or w.akt fecu„ a��4 cA 3. The City will not pass any new ordinances, essential public facility clauses nor change City codes (e.g., land use or zoning) in order to place additional requirements, mitigations or betterments on the project above and beyond those identified in the Record of Decision or as contained in the cost estimate, unless the City is prepared to fully fund in these costs. 4. Tukwila will not impose any fees, regulations, or requirements that could be construed as constituting transportation concurrency under the Growth Management Act, since ST projects in Tukwila are in SIN themselves concurrency for development that may and will occur within Tukwila. Ww�w w' 1 L wit PkR C�sy; ,r r-rw -bri "f = u - • 5. The MOA should include a plan and schedule for expedited permit processing and approval. 6. The City will work cooperatively with ST during the design and design review process. The City will work cooperatively with ST to trend the project to the budget so that cost overruns are avoided. Design review shall be timely and major milestone reviews shall be accomplished within 21 calendar days upon receipt of the design submittals. L,7' '% %� d co L In 44-A- 7. The City will support and work cooperatively with ST to obtain any necessary approvals with WSDOT, affected native American tribes, and any other agencies with jurisdiction concerning the project. 8. The City will provide ST with documentation of the City's concurrence with the adequacy of the Final EIS for the Central Link Light Rail Transit Project and Supplemental EIS for the. Link Light Rail Tukwila Freeway route, and to withdraw its pending SEPA appeal of the Central Link EIS. This documentation will also indicate that the Link Final EIS and Supplemental EIS constitute the substantive SEPA compliance for all City actions regarding the Link Light Rail project. t ui sa.oe l JttL a tai, 9. The City will find that the Tukwila Freeway route satisfies all requirements of Comprehensive Plan Policies, particularly, 13.4.14 and 15.2.4 and zoning regulation 18.66.060. 10 The City will not initiate or pursue any legal challenges to the completion of the Link Light Rail project in Tukwila or other segments of the project. Tukwila will support ST's defense of any legal challenges and appeals to the project from other parties, including those from groups or individuals within the City limits. rcww 4 a.� C01,1 u.1) a'� +,...„i9 s_U, me, ., v (1v J,„ la,�`�`"1 �� t S�- W4U� , . - .a e a L. -IL. Cri,, d 7. • b /'Gtr/ I.. JJI'J 14: ,111 SUUYL 1 r - ri l CAMU • • rwiE ©4 11. The City and ST shall demonstrate and communicate regional consensus with elected officials and staff at the federal, state, and local level, and will work to obtain federal and state financial resources. 12. The MOA must include meaningful enforcement terms and dispute resolution processes. 13. The City will excuse ST from its undergrounding ordinance or will partici ate in the costs of meeting it. o �i trudtaJ 1%, elk 14. The City will recognize ST as a "Public Street Improvement" and support ST in dealing with utilities and enforcing the terms of their franchise agreements. Specifically, the City will give the notification to move for our project, expedite permitting of relocations, and cooperate with utilities to find alternative right of way locations when necessary. l &J S/ tA4 ;`-9 /11 • 15. The Memorandum of Agreement between the the City, ST. and King County regarding the Ray- Carrosinno farmstead is incorporated as part of this agreement. The farmstead MOA will have the following basic conditions: • ST will acquire the property, move the farmhouse and reconnect utilities, document the site and have a rehabilitation plan prepared. • The City will purchase from ST, at fair market value, the portion of the property not used for the LRT ROW, implement the rehabilitation plan for the site, and provide for preservation and maintenance of the historic elements of the farmstead in perpetuity. '�C " � O 16. The MOA should specify that the TOD and Tukwila Commuter Rail station be built at the same time. This concurrent construction.will allow for significant efficiencies, therefore dollar savings. 17. If ST decides that the commuter rail station should be built in advance of the TOD, the City should: • allow ST to build a platform and park & ride facility, and minimize potential throw away costs once the TOD project is begun. • defer any improvements to Nelson Place and improvements to the at -grade railroad crossing on Strander. Leave those improvements to be done by the TOD developer. 5S. 18. Specific TOD commitments requested of the The City: • expedited permits with a consolidated approval process: • provide a single point of contact at the City to guide ST through the permit processes and the development of the TOD; • help both with staff effort and financial commitment of developing the RFP for the TOD. ST and the City will share costs of any other "outside" consultants, analyses, tests, feasibility assessments, etc; • no impact/concurrency or similar fees for Sounder station development: y..a • assurance that the City will not ask ST to convert any of Longacres Way (158th) to public ROW; t{,a • assurance that the City will not ask ST to financially contribute to any improvements to Strander Blvd., and that ST will have the right to connect to Strander when it is built. In addition, the design will facilitate a Sounder and TOD connection to the future Strander Blvd. Improvement; •, the City will not reject any TOD proposal that meets the required goals and qualifications of the RFP, regardless of the proposal team's makeup. • ST will retain the lead role in the SEPA process or other environmental reviews with City support for the TOD. • ST should retain all revenues generated on ST property. 2 .-04/2/2.000 14:30 206 - 39215 SOUND TRANSIT C - PAGE 05 • ST and the City will jointly pursue additional grant funding for the TOD. • ST retains the right to make the final decision regarding feasibility, pursuit and timing of the TOD and Sounder station development, including the decision to proceed independently with station construction. •. The City will pursue obtaining Location Efficient Mortgages for the station area. • The City agrees to support TOD development that represents the highest and best transit oriented uses of the site. 19. To attract a developer, the City should provide several significant incentives and compromises regarding zoning requirements. Such incentives could include ideas such as, significant reduction in parking requirements, increase in height restrictions and lot coverage, decrease in required setbacks, multifamily property tax abatement, reduction or waiver of the impact/concurrency or similar fees, etc. 3 ,d05 • /Approved, AVP -Law MAY 3 0 2000 COMMUNITY DEVELOPMENT PRIVATE ROAD CROSSING AGREEMENT, THIS AGREEMENT is made this /3 day of 90,ve_, , 1994, by and between UNION PACIFIC RAILROAD COMPANY (hereinafter "Licensor"), and MCLEOD DEVELOPMENT COMPANY whose address is 213 Lake Street South, Kirkland, Washington 98033 (hereinafter "Licensee "). RECEIVECS 809558.PRX RECITALS: The Licensee desires the construction, maintenance and use of a private road crossing (hereinafter "Road Crossing"), coiisrsti riteofrpWedfi roadway p"pr'irachaParBadofirAc ide` 'concreteredd singbs'urfacewa nlIze r.s. � .� "'�'tC�i�4 -nom.. K�:n�'r.� --!�yT .s, �, m vappu%tenances thereto, ri ding 6WFri t "= ril ed-'Eto^ a'` y� fla irrg rghts7 vsigrialciaritli t-es sto Trig 5x lisdentific .ti,Qn s gtm»drairna.ge faci'li:tiMs ni ,pver;,and:acros the�Lice, sods- ' ht=of wa wandrmaiiftt'rack°iliMP iV09$: Seattle Subdivision, at or near Tukwila in Icing County, Washington, in the location shown on the attached print dated August 12, 1993, marked Exhibit A -1 and as shown on the attached signal design drawing dated October 10, 1990, marked Exhibit A -2. The Licensor is willing to grant the Licensee the right to cross its right -of -way and tracks at the location shown on Exhibit A- lafdatheR purposeto providingiptivale' Accessab certaiiirrealproper }ildescribed on Exhibit C, attached hereto, subject to the terms set forth below. NOW, THEREFORE, the parties agree as follows: Article 1. LICENSOR GRANTS RIGHT. A. The Licensor grants the Licensee the right to cross its right -of -way and tracks at the location shown on Exhibit A subject to the terms set forth herein and in the at ched Exhibit B, together with the right of entry to control and remove from the Li*sor's right -of -way, on each side of the Road Crossing, weeds and vegetation which may obstruct the view of motorists approaching the crossing area to any trains that may also be approaching th crossing area. In consideration of the license and �ele0 permission granted herein, the Licensee agrees to observe and abide by the terms and conditions of this Agreement and to pay to the LicenFor a license fee of $1,650.00 payable annually in advance and an administrative fee of $500.00- upon the execution of this Agreement. Articles of Agreement Page 1 of 4 • • B. Effective on or about the fifth anniversary of this Agreement and'oii or after the anniversary day of each subsequent five -year period, the Licensor may re- evaluate the base upon which the license fee is computed. Changes in the license fee may be made by automatic adjustment in billing only once during each successive five - year period and shall not be applied retroactively. Licensor agrees that any increase in the license fee shall not exceed twenty -five percent (25 %) at any one time. Article 2. CONSTRUCTION OF ROAD CROSSING. A. The Licensor will furnish the materials for and install the portion of the Road Crossing lying between the rails of the tracks. and for one (1) foot on the outside of each rail and will furnish and install flashing lights and gates and identification signs on each side of the crossing and raise, or cause to be raised, any interfering wireline of Licensor•at a cost to the Licensee of One Hundred Sixteen Thousand Fifty -three Dollars ($116,053.00) B. The Licensee, at its own expense, will construct and perform grading and surfacing work for the remaining portion of the Road Crossing and install any and all appurtenant gates, drainage facilities, traffic signs, or traffic devices shown on Exhibit A -2. The construction work shall be done to the satisfaction of the Licensor. C. The Licensee agrees to notify the Licensor's representative at least 48 hours in advance of commencing any work in which any person or equipment will be within 25 feet of any track. Article 3. MAINTENANCE OF WARNING DEVICES. The Lice sor shall maintain, repair and replace the warning devices installed hereunder at a cost to the Licensee of $4,000.00, payable annually in advance beginning on the date the warning devices are placed in service. The Licensor reserves the right to adjust the maintenance fee to reflect actual costs incurred by the Licensor in maintaining the warning devices. Article 4. LIABILITY INSURANCE. A. The Licensee shall provide the Licensor with a certificate issued by the insurance carrier providing the insurance coverage required pursuant to Exhibit B -1 of this agreement in a policy which contains the following type endorsement: Articles of Agreement Page 2 of 4 • • "Union Pacific Railroad is named as additional insured with respect to all liabilities arising out of Insured's (as Licensee) construction, maintenance and use of the road crossing on Licensor's property." Licensee WARRANTS that this Agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/ broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. B. All insurance correspondence shall be directed to: Union Pacific Railroad Company, 1416 Dodge Street, Room 1100, Omaha, Nebraska 68179, with reference to Folder No. 809558. Article 5. TERM.. This Agreement shall be effective as of the date first herein written, and shall continue in full force and effect until terminated as provided in Exhibit B. Article 6. SPECIAL PROVISIONS. A. Flashing lights and gates are required for this Road Crossing. If the Licensee desires to use the Road Crossing in advance of the installation of the flashing lights and gates, the Licensor's flagman shall be required to stop vehicular and pedestrian traffic. In addition, no work of any kind shall be performed, and no person, equipment, machinery, tools, materials or vehicles shall be located, operated, placed or stored within twenty -five (25) feet of any of Licensor's tracks at any time, for any reason, unless and until Licensor's flagman is provided to watch for trains. All expenses connected with the furnishing of said Flagman shall be at the sole cost and expense of the Licensee, who shall promptly pay to the Licensor all charges connected therewith within thirty (30) days after presentation of a bill therefor. Arrangements for flagging are to be made at least seventy -two (72) hours in advance by contacting the Licensor's Manager -Track Maintenance at (206) 764 -1467. B. Any gates that are required to be installed hereunder shall be kept locked on nonoperational days. Gates shall be kept open on operational days, which include move -in days, move -out days, event days and delivery days. Licensor and Licensee shall be permitted to install locks on the gates and have mutual independent access through same. C. If at any time the Licensor is of the opinion that the Road Crossing is being used without due regard and precaution for safety, Licensee will at the Licensor's request immediately suspend use of the Road Crossing until it adopts adequate and Articles of Agreement Page 3 of 4 ,,roper protective measures that are approved by the Licensor. D. In addition to the termination provisions set forth in Exhibit B, the Licensor agrees to provide a copy of any default notice lender toiaccept has received written notice of such lenders name a t a cure of default from such lender. Such lender shall have sixty u60) days afer to cope of notice of default to cure such default. Nothing herein shall q any any default. E. In addition to the assignment provisions set forth in Exhibit ,and upon written consent of the Licensor, the Licensee may assign its rights lender in connection with any grant of a security interest in Licensee's pr aerty. such mortgagee acquiring Licensee's estate pursuant to foreclosure may sell estate and Licensor's interest hereunder, PROVIDED that such assignee agrees to assume Licensee's obligations hereunder. F. In the event the Licensor elects to terminate this Agreement as provided for herein and require the removal of the R of d Crossing separation g covered by ir Agreement, the Licensor is agreeable to the installation g under the Licensor's right- of -way (hereinafter "Underpass"), Sbmitted therefor. to Installation of the Underpass would subject to Licensor's review be covered red of any sepapate agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first herein written. UNION PACIFIC RAILROAD COMPANY Witness: By Title: Director - Contracts and Joint Facilities MCLEOD DEVELOPMENT COMPANY Articles of Agreement Page 4 of 4 i..•••••• 1 . ..'f �••V••f• (e s, ;•• 3 EX1HIBIT "A -1" Page-1 of 2 ..r Asoove, _7` ■ •e•e •..•• I. • 4.- - • .XH,. _ r "A -1" Page 2 of 2 A 40 foot acess and utility easement lying 20 feet each side of the following described line: Beginning at the southeast corner of Lot 2 of Short Plat 084 -85 filed with the City of Renton under Recording Number 8702039008. Thence N01 °21'49 "W along the east line of said short plat 219.98 feet to the centerline of Tract "X "; Thence easterly along a curve to the left whose radius is 1000 feet and bears Ni °39'24 "E through a central angle of 4°28'02" and an arc length of 77.91 feet; Thence continuing easterly along a curve to the right whose radius equals 1000 feet and bears S02 °48'38 "E through a central angle of ` 1°15'51" and an arc length of 22.06 feet to the True Point of Beginning of this description; Thence continuing easterly along last mentioned curve through a central angle of 4°18'06" an arc length of 75.08 feet to a point on a line 180.00 feet south of the south line of the Henry. A. Meader Donation Land Claim No. 46; Thence N87° 14'40 "W parallel to said south line 28.70 feet to the east margin of the Union Pacific Railroad Co. LOT SN. PL.- 084 -85 51RAN0i BLVD. LOT Z SN. PL- 084 -85 SO. LN. HENRY DONATION CLAIM • . MEADER NO.46 SCALE /7-7- 0 0 .a. z 0 Z N 11 O CONNECTS TO 10 SEATTLE 177.' 27 SEC. • 45 K.PJ4. ©tua•ct- P.S. IOTES. IS3W 'A• 16• 1- l 1 T 12 11 TO AL11NA 1771' 27 St E. • 45 IN.NL 742H2 4.004) SOH7\ 1 i n' a t ! 6'X6' •ctt••It COHMfCT TO HEAVY Otirv'COHIACTS. SIOW CONTACT KAISERS .17 DIFF WENT AKAN SHOWIL ®SHOW H[AYT DIJTT.:Cd•TACTS L 1 .*T RES. V 0WtERE)IT .THAN SHO1K 0 • TWISTED WIRES • ALL TRACE WIRES 2C. •1 116tA.ATED 1 TWIST PEA ri. 580.411 SHIELD -TAPE POLTETHTl11f JACxET MISS 011CRVISE SPEEWLED. . TRAA6SOTTCA AIq RECEIVER LEADS TO PL SEPARATED 17 AT LEAST I? IN TTIEKR. LERCU(S SM0.1-0 1401 EXCEED TAA AWACTUROI'S RECC•ANEJOA11011 • TOP K fOL•OA1IOI TO PC AT SAYE El.VAT10N AS THE StUFACE Of T+[ TRAVELED WAY 1 et) YORE DWI 4' ABOVE THE SURfACL Cf TIC OTOUNO. ALL /UNCALO► WPINC TO PC •IS t•NLL.SS OTHERWISE SPECIFIED. All LIGHTS TO PC 12' ROL►CELS. = = = ; 4' X SO' STEEL PIPE EMITS. A A • 1.2 X,i A A 1 6.1 7r CATt A.2r CATE 1.21' CROUNOIHC LAYOUT 11.- -0-- -P S —_i- • +-- S•' •B, RI R2 • 15' i i1 .I 171W 1E1 eSAIL IMO MO R R' f -k. 1717 111 for 1 -20.0-8 ®—Q NI•.O VPISTRJCTIOt 1107E+ REIM 11- PVT.CIOSSDC AT ,.172.17 EXHIBIT "A -2" UNION PACIFIC RAILROAD CO. H.P. 172.09 — SEATTLE SUBDIVN. TUKWILA, KING COUNTY, WASHINGTON PRIVATE ROAD CROSSING FOR MCLEOD DEVELOPMENT COMPANY DATE* OCTOBER 10, 1990 0 CONNECTS TO T%*M*LA. WA PE. i1HM ..000 111C.1 4.?. 172.01 SEATTLE WWI VISION OJlt• • PFOJ • UNION PACIFIC RAILROAD Mn °'0"0 SEATTLE. WASHINGTON TO A.WEI 10 + RESERVATION, WASHINGTON OVC 17,04 C.T.0 CIRCUITS -5074C R YAS R 42017 [101 1- 111 ICCPCL1 7.7E -1• EXHIBIT B -1 Large Commercial, Industrial, Contractors Private Grade Crossing and /or.Encroachment. Contractor's Road Crossing Insurance Requirements ng l; at its own and /or its lcensee and /or its Contractor /Subcontractor shall, =tractor's /Subcontractor's sole cost and expense, procure the following kinds of insurance ad promptly pay when due all premiums for that insurance. If it so elects, Licensor shall ave the right to obtain such insurance and Licensee shall promptly reimburse Licensor for hat expense. The following insurance shall be kept in force during the life of this greement. General Public Liability insurance providing bodily injury, including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and a general aggregate limit of at least $4,000,000. This insurance shall provide Broad Form Contractual Liability covering the indemnity rovisions contained in this. Agreement, Broad Form Property Damage, - i go_verrune ita1a i4. mmu%tal (ISO Form GL 24 14 or equivalent), coverage for construction or demolition work on or near the railroad tracks, severability of interests and name Licensor as an additional insured with respect to all liabilities arising out of Licensee's obligation to Licensor in the Agreement. If coverage is purchased on a "claims made" basis it shall provide for at least a three (3) year extended reporting or discovery period, which shall be invoked should insurance covering the time period of this Agreement be cancelled. Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall provide contractual liability by endorsement ISO Form. CA 00 25 or equivalent covering all motor vehicles including hired and non- owned, mobile equipment to the extent it may be excluded from general liability insurance, severability of interests and name Licensor as an additional insured with respect to all liabilities arising out of Licensee's obligation to Licensor in the Agreement. Worker's Compensation insurande covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability. Also compliance with all laws of states which require participation in their state workers' compensation fund. as The Licensee and /or its Contractor /Subcontractor hereby waives s right of made subrogation, ano as respects the above insurance policy(ies), against Licensor for payments of employees of Licensee or its agents and for loss of its owned or leased property or property under its. care, custody and control while on or near Licensoe's right -of -way or other real property. Licensee's and /or its Contractor's /Subcontractor's insurance shall be primary with respect to any insurance cArrier by Licensor. Licensee and /or its Contractor /Subcontractor shall furnish to Licensor certificate(s) of insurande evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of those policies. The insurance company(ies).:issuing such policy(ies) shall notify Licensor in writing at least thirty (30) days prior to making any material alteration, including any change in the retroactive date in any. cla " cancellation policies or substantial reduction of aggregate limits (if such limits apply), or of any policy(ies). The insurance policy(ies) shall be written by a reputable insurance company or companies acceptable to Licensor or with a current Best's Insurance Guide Rating of B and .Class VII or better. Such insurance company shall be authorized to transact business in the state(s) affected by this Agreement. Page 1 of 1 1.1\1 \PDX& X13 .WO 4 •EXHIBIT B • LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The rights granted to the licensee are subject and subordinate to the prior and continuing right and obligation nal. communication, fiber ,o the licensor to use and maintain renews use, operate railroad of way, and are also subject or relocate to the and power of the Licensor op construct, h maintain, repair, which hs or other a yedone at a pipelines time by the facilities upon. without along or across any or to the Licensee parts of y said whicfi ■ay be freely y or damages. (b) The Licensee's rights are also subject to all outstanding superior rights (including those in favor of licensees,:, lessees of said right of way, and others) and the right of the Licensor to renew and extend the sa ■e, and are granted without covenant of title or quiet enjoyment. a (c) _It is exoresslY ttiellkd that ke_Roadsrosslno is to be a strictly pri_vattee one and is not intended for public_ use. The Licensee, without expense tm the Licensor, will take any and all 'necessary artien prer't the private character of the Road Crossing and prevent its use as a public road. SECTION 2. MAINTENANCE ANO USE. een (a) The licensor; at the sole expense of the licensee. shall maintain ided e the Road such maintenance Crossing lying work the rails of the tracks and for one (1) foot on the outside of each rail; p sor has be limited to that required for the the licensee. operation of maaintain thesremainingmportion agreed to perform on specific ic req uest of the Road Crossing and shall keep the rail'flangeways clear of obstructions. gates. cattle guards. drainage (b) The licensee shall, at its sole expense. maintain, repair. renew and replace any gates .c shown guards. Exhibit 'A'. appurtenances that may subsequently be bequiAed facilities. traffic signs or devices, identification signs approved by the Llctnsor or other appurtenances The hicencee shall, at its o own expense. install and thereafter 1sdi tlon1 The Licensee shall control vegetation along the right' by the licensor. by law, or by any public authority having j '� « � of way on each side of the crossing so that the Licensee's trains is not impaired or obstructed by s line of sight to approaching vegetation. All work performed by the Licensee on the right of way shall be done to the satisfaction of the Licensor. (c) The Licensee shall require all vehicles approaching the crossing to stop a safe distance from the tracks before crossing the tracks. The Licensee shall keep any gate affording access to the Road a licensee closed not loc suffer or all ptimes except during the time of actual passage through it onto or.from the Road Crossing. anything which will or may obstruct. endanger or interfere ior equipment delay property. some railroad tracks or appurtenant facilities or the facilities Licensee shall adequate) s uperY�isseand,pol:ice.use:.of sa�,d.RoadCrocs that no person, railroad train, engine. cequipeent. or ca! oiG �. X; (on the Licensor'i tracks or attempts to cross the lfcensor's railroad is approaching or occupying the Road Crossing. i SECTION 3. MODIFICATION OR RELOCATION OF ROAD CROSSING. (a) Whenever the Licensor deems it necessary or desirable in the furtherance of its railroad operating requirement or for the improvement and use of its property to modify or relocate the Road Crossing: (1) the Licensor shall, at the sole expense of the Lt' ensee, modifysirmove f the port onaof the Road Crossir lying between the rails of the tracks and for one (1) oot on (2) the licensee shall, at the Licensee's sole expense. modify or move the remaining portion of the Roe Crossing and the appurtenances. thereto. (b) All the terms of this agreement shall govern the continued maintenance and use Of the Road Crossing as modifi. or relocated pursuant to this section. SECTION 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the Licensor's property. Licensee shall telephone the Licensor '1-800- 336 -9193 (a 24 -hour number) to determine if fiber optic cable Is buried anywhere on tith inonithe. arrange sore cable locator, a the Licenser's premises to be used the Licensee. If it is. Licensee will telephone the telecommunications company( ) beginning any work a the Licensor make arrangements for relocation or other protection of the fiber optic cable prior to beg premises. and hold + (b) in addition to the liability terms elsewhere in this Agreement: the Licensee shall li ■ttndimnify and h s' f Licensor harmless against and from all cost, liability, and expense whatsoever (including, Its contract and court costs and expenses) arising out of or in any way contributed to by any act or omission of the Licensee. EXHIBIT- B Page l of 2 L s \IonmsWAMC \O O Sp . D® employees, that causes or Ations system by the Licensee, •,ch of any person employed by or _es. on Licensee's property, and /or ,ervice by a customer or user of, such SECTION 5. INDEMNITY. in any way or degree contributes to (1) any damage to or destruction of an and/or contractor, agents and /or employees. on Llcensor s propert y on behalf of any telecommunications company. and /or its contractor, agents andr (3) any claim or cause of action for alleged loss of profits or revenue by`. or loss telecommunication co.pany(les). The Licensee assumes the risk of and shall indemnify and hold harmless the Licensor and other railroad companies which use the property of the Licensor, their officers, agents and employees, against and from any and all loss, damages. claims, demands. actions, causes of action, costs, attorneys' fees. fines, penalties and expenses of whatsoever nature (hereinafter 'Loss') which may result from: (1) Injury to or death of persons whomsoever. (Including officers, agents and employees of the Licensor and of the Licensee, as well as other persons); (2) loss of or damage to property whatsoever (including damage to of the property of or in the custody of -the licensee and damage to the roadbed, tracks, equipment or other property of or In the custody Ind well when other Is due to or arises incconnect failure ith to comply result any ion with or as a result of: (a) the construction of the Road Crossing; (b) any work done by. the Licensee on or in connection with the Road Crossing; (c) . the use of said Road Crossing by the Licensee, or the officers. agents. employees, patrons or invitees of the Licensee, or by any other person; (d) the use of said Road Crossing by the.licensee's successors or assigns or the officers, agents, employees. patrons ,r invitees of the Licensee's successors or assigns until the Licensee either compiles with the provisions of Section 8 or terminates the agreement as provided in Section 6; or (e) the breach of any covenant or obligation assumed by or imposed on the Licensee pursuant to this agreement, or he failure of the Licensee to promptly and fully do any act or work for which the Licensee is responsible pursuant to this gree.ent;' egardless of whether such Loss Is caused solely or contributed to in part by the negligence of the Licensor, its officers, gents or employees. ECTiON 6. TERMINATION ON BREACH OR ON NOTICE. (a) It Is agreed that the breach of any covenant, stipulation or condition herein contained to be kept and performed , the licensee shall, at the option of the Licensor, forthwith work a termination of this agreement and all rights of the ;censee hereunder. A waiver by the Licensor of a breach by the Licensee of any covenant or condition of this agreement shall a Impair the right of the Licensor to avail Itself of any subsequent breach thereof. (b) This agreement may be terminated by either party on thirty (30) days' written notice to the other party. CTtON 7. REMOVAL Of ROAD CROSSING. (a) Upon termination of this agreement howsoever. the Licensor shall, at the sole expense of the Licensee, remove Id Road Crossing and restore the premises of the Licensor to a condition comparable to that existing Immediately prior to the nstructlon of said Road Crossing. (b) In the event of the removal of the Road Crossing as in this section provided. the Licensor shall not be liable the Licensee for any damage sustained by the Licensee for or on account of such removal, and such removal shall not prejudice impair any right of action for damage, or otherwise, which the Licensor may have against the Licensee. :TIOH 8. ASSIGNMENT. The Licensee shall not assign this agreement, or any Interest therein to any purchaser, lessee or other holder the property served by the crossing or to any other person, without the written consent of the Licensor.) If the licensee Is to secure the Licensor's consent to any assignment, the licensee will continue to be responsible for obligations and bllltiel assumed herein. TION 9. SUCCESSORS ANO ASSIGNS. Subject to the provisions of Section 8 hereof, this agreement shall be binding upon and Inure to the benefit the parties hereto, their respective heirs, executors, administrators, successors and assigns. 8 I T II 2of2 mitmi Mo \oMn.I7m 9610t_ti1.PRXADD Form Approved by Lay. ADDENDUM NUMBER 1 TO LICENSE AGREEMENT 830 -84 AUDIT 46. 1011 q This Addendum is made and entered into this3 . day of goo by and among UNION PACIFIC RAILROAD COMPANY, a Delaware corpora{ n to be addressed at 1800 Farman Street, Omaha, Nebraska 68102 (hereinafter "Licensor"), MCLEOD DEVELOPMENT COMPANY to be addressed at 213 Lake Street South, Kirkland, WA. 98033 (hereinafter "First Licensee ") and CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY - SOUND TRANSIT to be addressed at 1100 2nd Avenue, Suite 500, Seattle, WA. 98115 -3423 (hereinafter "Joint Licensee "). RECITALS: By instrument dated June 13, .1996, identified in Licensor's records as Agreement Audit Number 186904 (hereinafter "License Agreement "), and any amendments thereto, Licensor granted to First Licensee permission to construct, maintain and use a private road crossing on Licensor's right -of -way at 172.09, Seattle Subdivision, in Tukwila, King County, Washington (hereinafter "Road Crossing "). Joint Licensee desires use of the Road Crossing, and to become a joint licensee under the License Agreement. Licensor and First Licensee are agreeable to Joint Licensee becoming a joirt licensee under the License Agreement, subject to the covenarts and conditions set forth herein and in the License Agreement. AGREEMENT: NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND AMONG THE PARTIES HERETO AS FOLLOWS: 1. Effective as o , 'clad, Joint Licensee is made a party to the License Agreement the same as if Joint Lic nsee ere named therein as the Licensee together with First Licensee, and shall have all of the rights and obligations of the Licensee under the License Agreement. 2. Joint Licensee and First Licensee hereby agree that each of them, jointly and severally, shall be bound by all of the covenants, obligations and liabilities of the Licensee contained in the License Agreement. 3. All notices, demands, requests or other communications which may be or are required to be given, served or sent by any party to the others pursuant to the License Agreement shall be in writing and deemed to have been property given or sent: (a) if inended for Licensor, by mailing by registered or certified mail, return receipt requested, with postage prepaid, addressed to Licensor at Union Pacific Railroad Company, Real Estate Department, 1800 Famam Street, Omaha, Nebraska 68102; (b) if intended for First Licensee, by mailing by registeredor certified mail, 1 prxadd.wpt - 961001.PRXADD Form Approved by Law 830 -84' return receipt requested, with postage prepaid, addressed to MCLEOD DEVELOPMENT COMPANY at 213 Lake Street South, Kirkland, WA. 98033, or (c) if intended forJoint Licensee, by mailing by registered or certified mail, retum receipt requested, with postage prepaid, addressed to CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY (SOUND TRANSIT) at1100 2nd Avenue, Suite 500, Seattle, WA. 98115 -3423. 4. Except as may be specifically provided in this Addendum, nothing herein shal be deemed to amend or modify the License Agreement which shall remain in full force and effect. 5. Joint Licensee agrees to pay to Licensor an administrative handling charge of $1000.00 upon execution of this Addendum. 6. This. Addendum may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts of this consent, when taken together, shall consistute but one and the saute instrument. IN WITNESS WHEREOF, the parties have caused this Addendum to be duly executed on the day and year first above written. Witness: MQN PACIFIC RAILROAD COMPANY By Titl L.A C. J.A. ANTHONY DIRECTOR - CONTRACTS MCLEOD DEVELOPMENT COMPANY Witness: CENTRAL PUGET SOUND REGIONAL TRAN IT AUT. • _ • - SOUND TRANSIT . — 1• 2 prxadd.wpt (revised 5/23/00)T - August 26, 1999 RE: Proposed responses to City of Tukwila 36 point comment letter dated 4/4/99. 1.. Various easements were established for access and utilities as part of the process of dividing the property between the McLeod interests and Sound Transit at the time Sound Transit purchased part of the property. They are currently generally described. The easement documents contemplate developing the exact locations at a future date when specific development plans are known. For this reason, among others, they are not depicted on the short plat. Please identify the easement language about which you have concern and we will be happy to respond. 2. Steve Kitz from Eastside Engineers has been contacted to modify the Plat sheet by adding the signature block. However, before we have another print made of modified plat sheet, we would like to hear from the City to make sure there isn't anything else that needs to be added to it. 3. We have applied to UP for a private undercrossing agreement. We hope to receive a response from UP soon and will notify the City at that time. 4. If the city requires, we would have no objection to dedicating our existing ownership of proposed lot 2 west of the west margin of the UP right of way to the city for road purposes. However, the city should be aware that Boeing strongly objects to this arrangement. 5. The main entrance to the future site will be via Longacres Way. Currently, as per a survey we had done, the clearance of Longacres Way under the UP Railroad is 13'6" (the 9'6" sign is incorrect). This underpass was recently improved by McLeod and we should follow up and see if-he did the improvements per City standards, including fire access requirements. 6. Lot 1 of proposed Short Plat L99-0041 has abcess the way north from 158th of SP 98 -0007. Lot 1 of SP 98-0007 by virtue of note 12 to that earlier short plat. It references the granting of an easement by lot 2 of SP 98 -0007 to lot 1 of SP 98 -0007 for access. The McLeod interests own Lot 2 of Short Plat 98 -007 as well ag Lot 1 of proposed SP L99 -0041. Lot 2 abuts S. 158th. 7. A copy of the settlement agreement between Boeing & McLeod (recording #9601231152) is attached. KI•\cn, inrlar r .Ammon \CR- Alar \tuk30ptletr -Jeff's Version.doc 8. A copy of the access and utility easement over proposed Lot 1 (recording #9609130558) is attached. 9. McLeod had an existing crossing agreement with UP. The term is indefinite. UP has prepared a new document, which has been finalized (copy attached), adding ST to this agreement. These types of agreements contain a general _ authorization for McLeod, Sound Transit and their invitees, etc. to utilize the crossing. Access to proposed Lot 3 from the UP crossing will be via existing 60 foot easement for Strander Blvd. extension across lot 4 per document filed under recording # 9811051960 (attached). 10. Comments on bullet items: a) It is our understanding that an agreement between the City and McLeod exists that provides for this purchase by the city from McLeod at $1.82. We believe this agreement is attached to the land and remains in existence regardless of the owner. However, this is an issue between the City and McLeod. (recording #9203161730) b) We would like to discuss this at our next meeting. c) Both McLeod and Sound Transit should have a clearer understanding of what is proposed before there can be an agreement to support the LID. Even if we agree to this, we would want to reserve the right to contest the method of calculation, failure to include benefited property within the LID, and the amount proposed to be levied against the property. d) We would like to discuss this at our next meeting. e) We would like to discuss this at our next meeting. 11. The agreement describing road reservation for Strander Blvd. (recording #9203161730) is attached. 12. No, it will be located by design in a manner that does not interfere with drainage. 13. Please explain the basis for the city's concems with the time limits in the existing easement documents. See response 6. 14. See response 6. 15. Puget Sound Energy has a private easement across the UP ROW for access to their sub station. No easement currently exists for access to this substation across ST property. At this time we are negotiating With Puget Sound Energy to determine whether the substation is operational. (Tax parcel 36 is not part of the short plat and we have no certain knowledge concerning access to this parcel, but have heard that access is provided by a private crossing agreement between PSE and UP.) N: \Sounder Common \CR- Alar\tuk30ptletr -Jeff's Version.doc 16. The storm water calculations include Strander Blvd. improvements up to the UPRR crossing. Longacres Way is not included since it is too low to collect for detention purposes. 17. The BNSF Right of Way is also the city of Renton boundary. This line is shown on the architectural general site plan PG -05, but is not labeled as the . City of Renton boundary. This will be shown in future submittals. 18. Boundary between Lots 3 and 4 will be addressed in the future. We have not heard from the City about this, so we assume the boundary is OK. 19. See response #2. 20. The civil engineers and architects have participated in a series of meetings with City staff. It seems a consensus with the City has been reached, that shows we can do the design to the level 1 detention requirements and that the flood plain is not an issue. We will have to install the 48" storm drain below the BNSF ROW. KPFF still needs to put the final touches on the report and will issue it in the next submittal to the City. Our concern at this moment is that we have preliminary, verbal buy -off from the city but nothing in writing. 21. Sound Transit has examined the feasibility of using the north lot as a storm water detention site and has determined that the use of the site for storm water detention is not feasible due to the low elevation. 22. See item 20 above. A verbal agreement between the City and MBT has been made to allow Level 1 in lieu of the previously required Level 3. 23. We are unaware that any property included in the proposed short plat is covered by the latecomer's agreement for Embassy Suites. 24. A loop has been provided which ties into the Bow Lake pipeline, 1000 feet south of Longacres Way. However, it has been dead -ended at Strander, 700 feet further south, to be completed when the Strander improvements are done. 25. The sanitary sewer lines have been extended to the site and connected to previously installed sanitary sewer lines. Please refer to site plan PC -15. 26. The lot north of Longacres Way is private property. It is up to tlfie property owner to regulate the use of that property. However, ST will work with the property owner to eliminate parking on his /her property if that lot owner so requests. 27. Overnight parking will likely be allowed (72 hour limit) which is a similar approach that Metro uses at its Park & Ride lots. This allows ST riders to N AQni inrlar (;nmmon \CR- Alar\tuk30Dtletr -Jeff's Version.doc leave a car at the site for traveling to their job after de- training. In discussions with Metro (Doug Johnson), we do not anticipate a problem with Sea -Tac customers and employees using our lot, as Metro does not have this problem at P &R lots of similar distance from Sea -Tac (see attached Email). 28. There are several unresolved issues concerning improvements to Nelson Place that require further discussion. There is an existing curb and gutter next to the urban walkway on the east side of Nelson Lane which satisfies the pedestrian requirement. We believe that a curb on the west side would be restrictive for warehouse trucks and potentially hazardous for pedestrians. We suggest that a site visit with your engineering group and our civil designers would be best to establish the scope. 29. ST is currently in contact with UP and WSDOT to design the signal interconnect. We will contact the City when we have a proposal for design. 30. General access across the Bow Lake Pipeline is provided under document no. 9305182053 (attached). This document is unlimited in term and was granted to the McLeod interests for the benefit of the property described in the document. The property description includes all of the property included within the proposed short plat. The property acquired by Sound Transit benefits from this easement by operation of law. Circulation for lot 3 is provided for in easement document 9811051960 (attached), which provides access across lot 4 (Strander Blvd. extension) to the UP right of way and Strander Blvd. Lot 4 is subject to a 60' road reservation per recording numbers 9203161730 and 9404131437 (attached). Lot 4 further has an easement for ingress and egress across Lot 3 to 158th under document no. 9811051962 (attached). 31. This information should be reflected in the set of drawings that was given to you on 8/4/99. ST will have a contract with a private maintenance company for garbage pick -up. 32. Civil drawings showing utilities and fire hydrants have been provided. See 25. 33. This was transmitted to the City in August of 1999. 3 34. The site electrical plan (PE -02) shows where all lights will be. The Tight fixture schedule and photometrics will be supplied by the design team. 35. Will do. We will work with your staff on the details when we restart the design. N: \Sounder Common \CR- Alar\tuk30ptletr -Jeff's Version.doc TO: 4oira Bradshaw Cc: Brian Shelton File DATE: January 28, 2000 PROJECT: P98 -0068 Sounder Tukwila Station E98 -0032 SEPA L99 -0041 Short Plat L99 -0042 Unclassified Use L99 -0043 Design Review SUBJECT: STREET ISSUES Following our meeting yesterday with Val Batey, I discussed the outstanding street questions with Brian Shelton. Additional items reared their lovely heads and are included in the following summary of our discussion: 140. Nelson Place 1. The City is willing to work with Sounder and the businesses along Nelson Place regarding the accesses. Sounder can set up the meetings and the City will send a representative. Sounder should develop some drawings to show the proposed Nelsen )J Place changes to the owners. u, C I� 24-W 11 M. T k �ftfj Q W� /�1 2. Nelson Place should be 24 wide (2 -12' lanes)$The :'''sidewalk on the west side, drainage and lighting should meet the City's access road standards) The - 9loi,r. drawings should include a profile and cross - sections. 3. The Jersey barrier along the trail should be salvaged and given to the City. 4. No parking signs should be placed on both side of the road. Q /projects /sounder transit /jan 28 to moira Page 2 January 28, 2000 Sounder Tukwila Station Longacres Way 1. The overlay limits should extend from West Valley Hwy. to the UP ROW. 2. Since Sounder will use the north side of Longacres way, between UP and BNSF, the City expects Sounder to install curb, gutter, sidewalk, drainage and lighting. For lighting, the 0.8 ft- candles and the 3 to 1 uniformity standards apply, same as the Strander connector road. The improvements costs on the north side of Longacres Way between UP western ROW and BNSF western ROW should be born by Sounder. Sounder will need to arrange copayment or latecomer's agreement for this section of Longacres Way with the owner to the north. 3. The improvements from W. Valley Hwy. to the western UP ROW boundary ji should include overlay, curb, gutter, sidewalk and lighting to meet th`City's a,�'► commercial access standards. The City will negotiate Latecomer's R•% '''"` U Agreements.????? Called bob noe, waiting for a response. Strander 1. I gave you a couple of WASHDOT contacts for the signal work. Robin Tischmak requests he be kept in the loop. Do you have the name of the Sounder person handling this so Robin can contact her? 2. The City realizes the connector from Sounder to Strander is an interim roadway. The City expects to see the following conditions for the connector: • Bike and pedestrian connection for sidewalk and the trail. A 6' sidewalk on the north side of Strander and along the connector, connecting with the existing sidewalk on Strander. • The centerlines of the connector and Strander should meet. • Lighting which meets the City's commercial /industrial standards. On Sounder property, only the 0.8 ft- candles and the 3:1 uniformity standards apply. • Depths of base, paving etc. according to geotechnical recommendations. • Drainage • On Sounder property we expect to see a cross - section matching the sketch enclosed. -P.1- 5 Q /projects /sounder transit /jan 28 to moire 2L R& 2 • 41 City of Tukwila Department of Community Development John W. Rants, Mayor August 4, 1999 Val Batey C/o Sound Transit 1100 Second Av. Suite 500 Seattle, WA 98101 HAND DELIVERED Subject: P98 -0068 Sounder Tukwila Station Issues L99 -0041 Short Plat L99 -0042 Unclassified Use L99 -0043 Design Review Steve Lancaster, Director 6661. s 0 911V a]AE133N gel Ja1nwwo3 Japunos The following are issues that have arisen from a substantive review of your applications. In order to continue our review of your application, we request that you provide the additional information or analysis required. Per City ordinance, TMC 18.104.130, Time periods for permit issuance, the 120 day time period for permit review excludes the time needed for you to respond to this request for additional information. Short Plat General 1. Why doesn't short plat show these proposed "future easements ?" City does not agree with language in these easements. Should they be rescinded or modified? 2. Modify the plat sheets to show format as provided in attachment. Access /Circulation City of Tukwila and City of Renton plan to extend Strander Bl. across subject site and create a Minor Arterial. Longacres Way. will not be a through street into Renton. Public street will stop at or east margin of Union Pacific right -of -way. S. 156 St. may be extended east of Nelson Place into City of Renton and connected with Oakesdale as a commercial collector arterial for either general access or HQV traffic. Access from Lots 1 and 2 of Tukwila short Plat 98 -0007 will be allowed. Longacres Way _ 3. "Future Easement" indicates Sound Transit will make access improvements from east margin of Puget Power right of way into subject site across Lot 2. Note 12, Sheet 2 of 6300 Southcenter Boulevard Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431 -3665 3, says no documents exist to show access through UP at Longacres Way Provide documentation for access prior to approval of short plat. 4. Currently "access road" from east end of Longacres Way row is a 38 foot wide portion of future Lot 2. (Looks like its approximately 16 feet either side of centerline of S. 158 if extended.) Which leads to a 35 foot access easement across proposed Lots 1 and 2 to the west margin of BN right of way, which is evenly divided between future Lots 1 and 2. The portion of proposed Lot 2 between the east margin of Puget Power and the UP row should be street right of way dedicated to City. This additional street length would extend the Longacres Way right of way east to east margin of UP row. City standard for a commercial local access is 60 foot right of way and 36 foot pavement. Longacres Way width varies from 56.5 to 38 feet. 5. ST Commuter Rail EIS discusses need to improve access to park and ride lot. Specifically, "Longacres Way is currently in poor condition and would need to be reconstructed and channelized to support project related traffic." Conditions vary along the length of Longacres Way to the site. ST is asked to provide cross section improvements per City standards from W. Valley Hy. to east margin of UP right of way. Fire Department needs 14 foot six inch clearance under UP rail. Underpass is currently signed at 9 feet six inches. 6. Develop language and improvements that ensure that access and design of Longacres Way provides access to Lots 1 and 2 of Tukwila Shortplat L98 -0007. 7. Need a copy of settlement Agreement between Boeing and McLeod. 8. Need a copy of 22 foot access and utility easement over proposed Lot 1 recording # 9609130558. (Access under BN's tracks between Boeing and McLeod was closed on July 6, 1999 by BN.) Strander BL 9. According to your submittal, McLeod will make Stander B1. Improvements. (Future Easement for access, roadway and utilities — Strander Bl. — Recording # 9811051960) Where is agreement between McLeod and UP? Verify UP agreement will allow access for proposed Lot 3 and length of agreement, etc. 10. A property owners agreement that would be recorded prior to approval of short plat from McLeod and Sound Transit will be required. It shall specify, among other possible items, the following: • Maintenance of price per square foot ($1.82) that was established at time of rezone /comp plan change for McLeod for right -of -way acquisition -. • Temporary nature of proposed at -grade crossing • No protest for future LID improvements for Strander Bl. Improvements including any utilities Page 2 of 5 8/4/99 • Recognition that access will be modified at time of future street improvement. • Minimum width and nonspecific location of future right of way 11 Provide agreement recorded under "9203161730" describing road reservation for Strander B1. S. 156 St. 12. Future Reciprocal Easements for access, roadways and utilities (24 foot easements connection between S. 158 and S. 156 if extended) recorded under 9811051962 Proposed locations for the two 24 foot access easement are adjacent to R.R. embankments. Won't this location interfere with drainage easement? 13. City does not agree with the time frame running to 2005 for S. 156 street to be installed. This easement should be perpetual and run with the land. 14. "Future Easement" should provide access for Lots 1 and 2 of short plat 98 -0007. Access language for Lot 1 across Lot 2 specifies a "non — location specific easement across lot 2 and to access and fully utilize lot 1 as if lot 1 had full access to a public right of way. This easement shall be relinquished upon the dedication and construction of a public right of way serving lot 1." 15. How does Puget Power legally access their sub station,Tax parcel 36, on future Lot 3? Storm Water 16. Do drainage calculations for Station take into account the impervious surfaces of Access improvements in Strander and Longacres Way? 17. Identify Renton boundary along east side of BN row. 18. Not sure boundary between Lots 3 and 4 is appropriate given potential size and location of Strander over /underpass? Will get back to you on this. 19. Modify Sheets to add itemized list of previous recorded documents. List attached. Unclassified Use /Design Review Storm Water 20. Surface water systems need to be designed per the 1998 King County Surface Water Design Manual and current published FEMA 100 year Flood. Water quality and quantity controls will be needed. If any other standard is desired, the standard would need to be adopted and Sound Transit is responsible for initiating and justifying the new standard. 21. The City would be willing to offer, for compensation, the parcel to the north adjacent to 405 for regional storm water detention. Page 3 of 5 8/4/99 22. Portion of site is in flood plain. Compliance with City of Tukwila flood ordinance is required. No fill in flood plain without compensatory storage. Use Nelson Place/McLeod/Boeing CSTC storm drainage study as a design reference. Infrastructure finish floor elevations need to be at least 1 foot above FEMA flood level. 23. Payment of latecomer fee to Embassy Suites for installed culvert upgrade Water and Sewer 24. Extend water service to the site. A water loop is required — extend from W. Valley Hy /Strander east then north then west to connect to Longacres Way 25. Extend sanitary sewer service to the site. Sanitary sewer will be a private system within ST property boundary. (I.e. From east edge of Puget Power r -o -w.) Transportation 26. How will informal parking on lot to north of Longacres Way be controlled? 27. How is overnight parking controlled for example Sea -Tac passengers using the parking lot and then using the Metro 340? 28. Curb, gutter sidewalks, drainage, and illumination are required on Nelson Place, from S 156 St. to Longacres Way, on Longacres Way and on Strander Boulevard. City Engineer disagrees with Heffron Letter dated May 17, 1999, which says a small fraction (1%) of outbound traffic may use Nelson Place to avoid West Valley /Longacres Way intersection. 29. Design and install traffic signal interconnects between the signalized intersection of West Valley HY and Strander Bl. and the UP signalized at grade crossing. 30. Bow Lake pipeline agreement providing access between Lots 3 and 4 is for pedestrian access and landscaping has a life of 40 years and is to McLeod and Helen Nelson. How will this be transferred? Please address long term circulation between proposed Lots 3 and 4. 31. A number of items on the site plan are not called out and it is unclear what they are. See attached highlighted site plans. The City needs to see any dumpster or trash collection called out and supported with elevations. 32. The site plan has some utility information but it does not appear to be cDmplete. Are there civil drawings that show all existing and proposed utilities including the nearest fire hydrant? 33. Materials to be used need to be noted on elevations. 34. Provide Luminare Elevations and photometrics. Page 4 of 5 8/4/99 Memorandum To: Steve, Jim, Jill, Brian From: Moira Date: July 24, 1999 Subject: Sounder Tukwila Station Issues (revised July 24, 1999) This is a draft of a letter to be given to Sound Transit in response to their permit applications for short plat, unclassified use and design review applications. We are meeting with them on Wednesday July 28 at 2 p.m. I would propose giving this to them at that meeting. I have tried to bold the issues which need a resolution prior to our meeting with ST. Please review this memo by our meeting on Tuesday at 11 a.m. We also have scheduled their public meeting for August 4, 1999 from 5 — 7 p.m. here in conference Room 1: The following are issues that have arisen from a substantive review of your applications. In order to continue our review of your application, we request that you provide the additional information or analysis required. Per City ordinance, TMC 18.104.130, Time periods for permit issuance, the 120 day time period for permit review excludes the time needed for you to respond to this request for additional information. Short Plat General 1. Why have "FUTURE Easements" been recorded already? And why doesn't short plat show these proposed "future easements ?" City does not agree with language in these easements. Should they be rescinded or modified? 2. Provide Title Report/Insurance that demonstrates that Sound Transit is a legal property owner. (Current title report appears to be for McLeod and is for only the proposed lots 1 and 4.) 3. Modify the plat sheets to show format as provided. Access /Circulation City of Tukwila and City of Renton plan to extend Strander BI. across subject site and create a-calleoArterial (or Minor ?). ` 60` TA/ S. 158 St. will not be a through street into Renton. Public street will stop at % west (epargittg) margin of Union Pacific (City nee s to resign street from 1 Longacres Way to S. 158 St. or change name.) ((b / 4.oSeYVa--176-r) , S. 156 St. may be extended east of Nelson Place into City of Renton and connected with Oakesdale as a commercial collector arterial for either general access or HOV traffic. Access from Lots 1 and 2 of Tukwila short Plat 98 -0007 will be allowed. S. 158 Street 4. "Future Easement" indicates Sound Transit will make access improvements from east margin of Puget Power right of way into subject site across Lot 2. Note 12, Sheet 2 of 3, says no documents exist to show access through UP at S. 158 St. Provide documentation for access prior to approval of short plat. 5. Currently "access road" from east end of S. 158 St. row is a 38 foot wide portion of future Lot 2. (Looks like its approximately 16 feet either side of centerline of S. 158 if extended.) Which leads to a 35 foot access easement across proposed Lots 1 and 2 to the west margin of BN right of way, which is evenly divided between future Lots 1 and 2. The portion of proposed Lot 2 between the east margin of Puget Power and the UP row should be street right of way dedicated to City. This additional street length would extend the S. 158 St. right of way east to east margin of UP row. City standard for a commercial local access is 60 foot right of way and 36 foot pavement. S. 158 St width varies from 56.5 to 38 feet. Will City buy land along north edge to get more width? Will ST be responsible for acquiring wider right of way (Will it be required to be 60 or enough to match existing width at intersection — 56.5 feet ?) with City reimbursement? 6. ST Commuter Rail EIS discusses need to improve access to park and ride lot. Specifically, "Longacres Way is current /y in poor condition and wou /d need to be reconstructed and channe/ized to support project related traffic" Conditions va ry along the length of S. 158 St to the site. ST is asked to provide cross section improvements per City standards from W. Valley Hy. to east margin of UP right of way. Fire Department needs 14 foot six inch clearance under UP rail. Underpass is currently signed at 9 feet six inches. 7. Develop language and improvements that ensure that access and design of S. 158 St provides access to Lots 1 and 2 of Tukwila Shortplat L98 -0007. 8. Need a copy of settlement Agreement between Boeing and McLeod. 9. Need a copy of 22 foot access and utility easement over proposed Lot.1 recording # 9609130558. (Access under BN's tracks between Boeing and McLeod was closed on July 6, 1999 by BN.) Page 2 of 6 7/24/1999 Strander BL 10. McLeod will make Stander BI. Improvements. (Future Easement for access, roadway and utilities — Strander 81 — Recording # 9811051960) Where is agreement between McLeod and UP? Verify UP agreement will allow access for proposed Lot 3 and length of agreement, etc. 11. A property owners agreement that would be recorded prior to approval of short plat from McLeod (and Sound Transit if they are a legal property owner ?) will be required. It shall specify, among other possible items, the following: • Maintenance of price per square foot ($1.82) that was established at time of rezone /comp plan change for McLeod for right -of -way acquisition. • Temporary nature of proposed at -grade crossing • No protest for future LID improvements for Strander BI. Improvements including any utilities • Recognition that access will be modified at time of future street improvement. • Minimum width and location of future right of way. 12. Provide agreement recorded under "9203161730" describing road reservation for Strander BI. S. 156 St. 13. Future Reciprocal Easements for access, roadways and utilities (24 foot easements connection between 5. 158 and S. 156 if extended) recorded under 9811051962 Proposed locations for the two 24 foot access easement are adjacent to R.R. embankments. Width does not meet City standard for a commercial local access street. Won't Iocati adjacent to embankments make access to S. 156 difficult, whether it go over under or' arghffhrough because of vision triange, more difficult? ould ave a full street width for access to two Tots to north? Shoul establish a price per square foot for the square footage if it%t e a nort south street? And a no protest for future LID improvements? 14. City does not agree with the time frame running to 2005 for S. 156 street to be installed. This easement should be perpetual and run with the land. 15. "Future Easement" should provide access for Lots 1 and 2 of short plat 98 -0007. Access language for Lot 1 across Lot 2 specifies a" non location specific easement across lot 2 and to access and fu //y utilize lot 1 as if /01' 1 had full access to a pub /ic right of way. This easement shall be relinquished upon the dedication and construction ofa public right of way serving /ot 1." 16. How does Puget Power legally access their sub station,Tax parcel 36, on future Lot 3? Storm Water 17. Do drainage calculations for Station take into account the impervious surfaces of Access improvements in Strander and S. 158 St.? Page 3 of 6 7/24/1999 18. Identify Renton boundary along east side of BN row. 19. Will Lots 3 and 4 be sufficient size after Strander over /underpass? 20. Modify Sheets to add itemized list of previous recorded documents. List attached. Unclassified Use /Design Review Storm Water 21. Surface water systems need to be designed per the 1998 King County Surface Water Design Manual and current published FEMA 100 year Flood. Water quality and quantity controls will be needed. If any other standard is desired, the standard would need to be adopted and Sound Transit is responsible for initiating and justifying the new standard. 22. The City would be willing to offer, for compensation, the parcel to the north adjacent to 405 for regional storm water detention. 23. Portion of site is in flood plain. Compliance with City of Tukwila flood ordinance is required. No fill in flood plain without compensatory storage. Use Nelson Place /McLeod /Boeing CSTC storm drainage study as a design reference. Infrastructure finish floor elevations need to be at least 1 foot above FEMA flood level. 24. Complete 48 -inch drain connection through BNSF track to Boeing Renton pipe. Did City obtain easement for 48 -inch pipe per Item number 1.3 Drainage Easement of Developer's Agreement recording Number 9404131437? What is justification for ST building this line? 25. Payment of latecomer fee t5 Embb y Sites for installed culvert upgrade Water and Sewer 26. Extend water service to the site. A water loop is required — extend from W. Valley Hy /Strander east then north then west to connect to S. 158 St. 27. Extend sanitary sewer service to the site. Sanitary serer will be a private system within ST property boundary. (I.e. From east edge of Puget Power r -o -w. Transportation 28. How will informal parking on lot to north of S. 158 St. be controlled? 29. How is overnight parking controlled for example Sea -Tac passengers using the parking lot and then using the Metro 340? 30.Curb, gutter sidewalks, drainage, and illumination are required on Nelson Place, from S 156 to S 158 St., on S. 158 St. and on Strander BL. (Heffron Letter dated May 17, 1999 says a small fraction (1 %) of outbound traffic may use Nelson Place to avoid West Valley /S. 158 St. intersection, and this small number of trips does not justify improvements to Nelson Place. (719 outbound pm f. Page 4 of 6 7/24/1999 trips), Please respond to Traffic Consultant report and response letter. Please also specify from east and west limits for Strander and S. 158 St. improvements and lane and sidewalk configurations. 31. Design and install traffic signal interconnects between the signalized intersection of West Valley HY and - Strander BI. and the UP signalized at grade crossing. 32. Bow Lake pipeline agreement provi% ng access between Lots 3 and 4 is for pedestrian access and landscaping has a life of 40 years and is to McLeod and Helen Nelson. How will this be transferred? Please address long term circulation between proposed Lots 3 and 4. 33. A number of items on the site plan are not called out and it is unclear what they are. See attached highlighted site plans. The City needs to see any dumpster or trash collection called out and supported with elevations. 34. The site plan has some utility information but it does not appear to be complete. Are there civil drawings that show all existing and proposed utilities including the nearest fire hydrant? 35. Materials to be used need to be noted on elevations. 36. Provide Luminare Elevations and photometrics - 37. Provide signage per the City's sign code ' 38. A color and materials sample board showing colors and materials to be used on all building exteriors C: \mcb \ST\sounder \Issues.doc Page 5 of 6 7/24/1999 SOUND TRANSIT COMMUTER RAIL STATION DATE: PROJECT NAME: PERMIT NUMBER: Public Works Department Comments June 28, 1999 Sound Transit Commuter Rail Station E98 -0032 L99 -0042 L99 -0043 PLAN REVIEWER: Jim Morrow and Jill Mosqueda Surface Water Drainage 1. Surface water interim and final systems designed and constructed per the 1998 King County Surface Water Design Manual and current published FEMA 100 -year flood requirements. Water quality and quantity controls will be needed. 2. Portion of site is in Flood Plain. Compliance with City of Tukwila Flood Ordinance is required. No fill in Flood Plain, unless compensatory storage L' is provided. Use Nelson Place/McLeod/Boeing CSTC Storm Drainage Study as a design reference — infrastructure finish floor elevations need to be at least 1 -ft above FEMA flood level. 3. Complete 48 -inch drain connection through BNSF track to Boeing Renton pipe is required. 4. Payment of latecomer fee to Embassy Suites for installed culvert upgrade b% is required. Water and Sewer 1. Extend water service to the site. A water loop is required — extend from West Valley Highway /Strander east then north then west to connect to 158`n 2. Extend sanitary sewer service to the site. Sanitary sewer will be a private system within Rail Station property boundary. Transportation and Traffic 1. Require two accesses be provided to the site — The first from Strander Blvd. and the second from S. 158th St. • 2. Improvements (curb, gutter, sidewalks, drainage, illumination, etc.) are required on Nelson Place from 156th to 158`h along 158th; and along the extension of Strander Blvd. 3. Design and install traffic signal interconnect between the signalized intersection of West Valley Hwy and Strander Blvd. and the Union Pacific Railroad signalized at grade crossing. 4. Strander Blvd railroad crossing should be grade - separated. 5. Dedicate 50 -feet of right -of -way for S. 158th St to make a continuous ROW into the site, except under the railroad. ROW is required west of the railroad in order to make a connection to ROW dedicated at north side of the project site. Also ensure that public access across railroad property is available. 6. Acquire property for future Strander Blvd and reserve for future dedication as directed by the City. The property for Strander Blvd is 60- feet wide. 7. Traffic analysis and mitigation fee required per City concurrency ordnance. a. Provide detailed information regarding parking demand for Sound Transit and Amtrak regional rail station. From demand, trip generation and distribution can then be established. b. Creating a multi -modal hub will increase demand for feeder bus routes to serve the Commuter Rail /Amtrak Station. Identify bus transit service upgrades needed. Evaluate current and future bus routes. Identify frequency and routes of Proposed Sound Transit Commuter buses that will serve the area. c. Given the regional shortage of park and ride spaces, identify percentage of parking lot users that may not use rail transit, but instead may use the station for making bus or carpool connections. d. Trip generation and distribution. Include traffic distribution to Nelson Place /S. 156th, in addition to S. 158`h. e. On and off -site analysis for safety, circulation, pedestrian/bike routes /facilities, access points, bus movements, conflict points, human factors analysis, recreational trail connectivity is needed. f. Calculation of impact fees per City list of impacted intersection and/or any intersection that receives five or more peak hour trips is required. g. Identify improvements to support transit access. City of Tukwila John W Rants, Mayor Police Department An Accredited Agency Keith E. Haines, Chief of Police Crime Prevention Through Environmental Design (CPTED) Project: The Tukwila Commuter Rail Station This project should be juxtaposed with "safe zones ". One way of increasing natural surveillance and territoriality is to juxtapose "safe zones" with a project. Encouragement of "directed activity" is usually successful. As this project stands, these lots are isolated and the only activity is parking and walking to and from the train platform. The addition of a directed activity like park benches, bar -b -que stands, reading area, etc. will encourage the ownership surveillance that is lacking. 2. To re- enforce the sense of safety, 911 call boxes (well marked and lit) should be installed in each lot, and on both sections of the train platform. 3. Provide video surveillance of all the lots. Installation should include both monitoring and recording capability at the Sound Transit offices. Signs should be posted at all entrances and throughout the facility announcing the video monitoring capabilities. The videotapes should be available to the police for investigative purposes. DRC: Commuter Rail Station Page 1 6200 .Southcenter Blvd. • Tukwila, WA 98188 • Phone: (206) 433 -1808 • Admin. Fax (206) 244 -6181; Invest. Fax (206) 431 -3688 4. Restrooms: Recommend that the restrooms that are open ubjects hiding in thceiling not have false ceilings. There have been problems area and then dropping down later to do robberies. Also ceiling areas have been used to hide merchandise wrappings. 5. Graffiti Prevention Program: It is important to s New non-stick sgai against the grafi waterist" and keep your facility attractive for commuter based or wax like coatings are now available to make an effective barrier against graffiti, or other potentially staining substances. Contact the crime prevention unit 242 -8084. 6. Landscaping: The foliage selected for the entire project should be chosen with a thought to security. Heavy canopy trees should have no branches that extend below 10 feet from the ground. There be no the street orlsurroundings that would further reduce natural surveillance properties. Ground cover plantings should reach no higher than 18 inches at maturity. Perimeter planting should include liberal adjacent of thorn or "unfriendly" bushes that discourage entering the lots 1 7. Lighting: Energy efficient security lighting is a relatively low -cost, yet extremely effective way to protect the facility. Lighting of the lots should be no less than a level of "one foot/candle, minimum maintained at ground level" throughout the parking lots, the driveways, and the access paths. hway 8. The southernmost of the proposed traffic -ways from the West a Valley Higracks. appears to incorporate an "at grade" crossing of the Union There is no indication in the drawings safety fety measures the that crossing. Other crossings in the area have been notorious Y ak and numerous serious injury and fatality accidents, and plans are already underway to provide vehicular and pedestrian over/under passes to rectify the problems. The initial design of this facility should not add another unsafe rail crossing to the mix. It is anticipated that standard "light, bell, and cross - arms" will only encourage g persons to disregard the warnings in an attempt to catch the approaching train. DRC: Commuter Rail Station Page 2 9. While it is the thrust of this facility to accommodate vehicle -borne persons who wish to use the facility, attention must also be given to foot traffic that will be generated. People will be going to and from the major hotels that are within visual range of the station. The fast food entrance will also get foot traff Persons will be going to and from the Boeing training campus. ALL rail lines on the property should be fenced from pedestrians. A lesson learned from the "Longacres experience" is that wherever a pedestrian "shortcut" is perceived; it will be used, frequently with tragic results. Respectfully submitted, obert W. Abbott Master Police Officer Crime Prevention Unit (206.243.6506) DRC: Commuter Rail Station Page 3 • • Public Works Pre - application Comments March 11, 1999 Sound Transit Commuter Rail at 158th 1a). Dedicate 50 feet R.O.W. for South 158th Street to make continuous R.O.W. into site except under railroad. R.O.W. is required west of railroad to make connection to R.O.W. dedicated at north side of project. Also ensure that public access across railroad property is available. 1 b). Acquire property for future Strander Blvd. and reserve for future dedication as directed by the City. The property for Strander Blvd., is 60 feet wide. 2. Storm drainage per DOE /KCSWDM which ever is more restrictive. Nelson Place Storm Drain Study is also design basis. Water quality /quantity controls needed. Connection through BN track to Boeing /Renton drain system required (48" pipe). 3. Water main - looped through site north /south. 4. Traffic analysis and mitigation fee per City concurrency ordinance. Plan on off site improvements between West Valley Highway through to east side of site. 5. Payment of latecomer fee to Embassy Suites for installed culvert upgrade is required. 6. Portion of site is in Flood Plain, Zone AH. Compliance with Flood Ordinance required. No fill in Flood Plain, unless compensatory is storage is provided. 7. Design and install traffic signal interconnect between the signalized intersection of West Valley Hwy and Strander Blvd. and the Union Pacific Railroad signalized at grade crossing. 8. Install inter -track fence. Traffic Analysis Requirements 1. Provide detailed information regarding parking demand for Sound Transit and Amtrak regional rail station. From demand, trip generation and distribution can then be established. 2. Creating a multi -model hub will increase demand for feeder bus routes to serve the Commuter Rail /Amtrak station. Identify bus transit service upgrades that will be needed. Evaluate current and future bus routes. Identify frequency and routes of proposed Sound Transit Commuter bus. 3. Given the regional shortage of park and ride spaces, identify percentage of parking lot users that may not use rail transit, but instead make bus or carpool connections. 4. Trip Generation and Distribution. Include traffic distribution to Nelson Place /S. 156th in addition to S. 158th 5. On/Off -site analysis safety, circulation, pedestrian/bike routes /facilities, access points, bus movements, conflict points, human factors analysis, recreational taxi# +ra l connectivity. 6. Calculation of impact fees per City list of impacted intersection and /or any intersection that receives five or more peak hour trips. 7. LOS calculations for intersections not on City list that receive five or more peak hour trips. 8. Identify improvements to support transit access. 9. Proposed mitigation for any impact identified. Copy of concurrency ordinance and intersection list attached. • • ACA �3 4 :e.+v ;f . ..1 ,It's .Va.ti41: Am. . .�t��i � ��/ *�JC� "LJ �„r� •••j- .n1�:w 7 .Z �� iii.f:;Zi !6yt:". 1 V. y:.' :„itri,.'. 4%.1'" nanlispoii.ogno"'YEw■■ �.:, s:. a��rr.. _X }, '". � i s- s" •-?s..:.i.:::may ;X.r =.- ww -- • :: :".•i =� - _ = : Table 12 - Mitigation Proportionate Fairshare Costs ^;r.: ts,=. "1,y`�Yi'_,.�T co Or 1_ n 'ii"L -` .� zzee.... �1.Y.a'- '•�._.':.- - =_:: _. .. .. 1.?.e - South fStranCiCr / .: ..= do f-oc. B left nuns +T -rte L '`A,,p, ' yfsB &;.k.,:tTl• YT•-, -::- • .K�.._ _:_ -=vim, K.. -.-, ':• • • .. Tv, -r = V : %:A.rdo'er Pt E/Strander °.NT`- `=idii -for n/s left turns '-�..�� "Y:` 'a? "Andover Pk W /Strander V 3,082 ~ '`-- widen for n/s left turns r•. -'mss +cct'r_rl,, :.___.:.. _. -----,,.e.;.4':::::--,-= � S_180 St/SR181 ✓ 5,236 • ":.a ..._- :..; V� .;.. " -._,- m _iter; widen n/s and e/w / .•:: = = :::Andover Pk E/Baker n/s lefts, signal 1990 2010 Pk Vol Improvement Cost/ Pk Vol Pk Vol Diff Cost Trig 3,399 3,211 .Andover Pk W/Minkler V n/s lefts, szenal Interurban B ridge widen for dual lefts 0 0 0 0 0 his is a "p .ning level" estimate. Future (Bern d 6 yearn,_ 0)): Minkler (APW - Southcenter PkWy) construct 3 lane street S 178 St (Southcenter PkWy -WCL) realist (cap /safety /transit) Andover PkWy (T PkWy -180) widen to 5 lanes Andover Pk E (T PkWy -180). widen to 5 lanes @ rots. Southcenter PkWy (180 -200) construct 3 and 5 lane street [ 61c_ 790 2,441 4,853 954 3134,000 S140 3,905 694 394,000 S135 4,016 934 5296,000 5317 7,760 2,524 31;200,000 S475 1,453 663 3250,000` S377 3,078 637 S250,000" S392 1I/7 15o '7,425 3,324 899 3,433 4,316 883 3250,000' S233 2,831 3,945 1,114 S 1,250,000" 31,122 ,3573 z‘,c 7 0 1,015 1,015 789 1,424 635 1,112 1,833 721 970 1,420 450 4-08 1,600 1,192 23/ 6D c2 /4 z$71-130121) AFTER RECORDING MAIL TO: Name MCLEOD DEVELOPMENT COMPANY Address 213 LAKE STREET SOUTH City / State KIRKLAND, WASHINGTON 98033 -6432 ATTN: STUART McLEOD Quit Claim Deed THE GRANTOR JAMES R. NELSEN AND LOREN S. FROHMUTH, AS PERSONAL. REPRESENTATIVES OF THE ESTATE OF HELEN B. NELSEN, DECEASED ,KING for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION conveys and quit claims to McLEOD DEVELOPMENT COMPANY, A WASHINGTON CORPORATION the following described real estate, situated in the County of together with all after acquired title of the grantor(s) therein :!.._ * *CO. PROBATE NO. 96 —_41— _02563 -9 LEGAL DESCRIPTION HERETO AS EXHIBIT "A" AND BY THIS REFERENCE * First American Title Insurance Company 3) 39/3 717-S-- 1ST AM -S (this space for title company use only) KING MADE , State of Washington, ATTACHED A PART HEREOF: Assessor's Property Tax Parcel /Account Number(s): Prp 000580- 0013 -03 SECTION 24 TOWNSHIP 23 N RANGE 4E SE QUARTER SW QUARTER. Dated NOVEMBER J , 19 98 LPB -12 (11/96) (In.'vidual) :10r - • NELSEN, PERSONAL REPRESENTATIVE �_�. By *�� i ION 1 S FROHMUTH, PERSONAL REPRESt `AtpIVE By (Secreuuy) E1648549 ii/05/98 10251.69 670045.00 9811052197 .- STATE OF WASHINGTON, ss. County of KING JJJ I certify that I know or have satisfactory evidence that ACKNOWLEDGMENT - Representative Capacity JAMES R. NELSEN AND LOREN S. FROHMUTH is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument and acknowledged it as the PERSONAL REPRESENTATIVES of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this day of NOVEMBER 19 98 residing 0 My appointment expires This jurat is page of and is attached to dated 9811052197 EXHIBIT "A" THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH,' RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SC. 158TH STREET. O A RECORDING REQUESTED BY AND RE7uRN ADDRESS: Jennifer Belk Central Puget Sound Regional Transit Authority 1100 Second Ave., Suite 500 Seattle. WA 98101 -3423 TEMPORARY EASEMENT IN GROSS (CONSTRUCHON STAGING AND SUPPORT) GRANTOR: MCLEOD DEVELOPMENT COMPANY. A WASHINGTON CORPORATION GRANTEE: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ABBREVIATED LEGAL DESCRIPTION: (Sae Page ,_ foe full legal description) ASSESSORS TAX PARCEL NO.: • ul 10110.131Simatical EmabiLiedsKomisact Weacisatildsod Stag.. Beesadx II /03/911 25> 9811051965 • TEMPORARY EASEMENT IN GROSS (CONSTRUCTION STAGING AND SUPPORT; This Temporary Easement for Construction Staging and Support (the "Easement") is granted this &1 day of November. 1998, by McLeod Development Company, a Washington corporation, ( "Grantor" ) in favor of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority ( "Grantee ") with reference to the following facts: RECITALS: A. Grantor is the owner of certain vacant real property located in the city of Tukwila, King County. Washington legally described and depicted in Exhibit A attached hereto and by this reference incorporated herein ( "Lot 1"). B. Grantee is the owner of property located in the city of Tukwila, King County. Washington adjacent to Lot 1, legally described and depicted in Exhibit 13 attached hereto (the "Transit Center Property "). C. Grantee is a regional transit authority, authorized by Chapter 81.104 and 81.112 RCW and a vote of the people to implement a high capacity transportation system. Grantee intends to construct a commuter rail station, parking facilities, and related transit center improvetnents on the Transit Center Property and intends to con- struct other transit - related improvements throughout the Puget Sound region. Grantee requires space for construction staging and support and for related activities for a period that will end on or before April 30, 2000. D. Grantor intends to grant Grantee temporary rights, as described herein, to use Lot ; for such temporary construction staging and support. E. The panics heretofore have entered into a Real Estate Purchase and Sale Agreement, dated November,, 1998 in Section 6 of which, Grantor agreed to convey a temporary construction easement upon Lot 1 (the "Easement ") for the benefit of the Transit Center Property. Grantor and Grantee desire to set forth herein their agreement with respect to Grantee's temporary easement for construction staging and support and the terms and conditions for the use and enjoyment thereof. NOW. THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agnx as follows: I. Recitals Incorporated. Ea :h recital set forth above is incorporated into t'iis Easement as though fully set forth herein. 010 10010 ISM FyaNaedatiasn b Rankle,d0&L0Qd Sivas E.+m ng doe 11/.119% -2- • -- _ - 40 3 25 x 9S11051965 • v • • 2. Grant of Easement. Grantor does hereby make. declare. sell. transfer. convey, warrant and establish a temporary exclusive easement in gross (the "Easement ") over all of Lot 1 for the benefit of Grantee and for the benefit of Grantee's agents, officers, employees, and invitees for the purpose of construction staging and support, including vehicular and pedestrian access to Lot I at all times. During the term of this Easement, Grantee shall be entitled to make any and all use of Lot I necessary or desirable to support and stage for Grantee's construction work on the Transit Center property and other property owned, leased, or otherwise controlled or to be used by Grantee. Such uses may include but are not limited to. parking, storage of equipment. materials, supplies. parking of construction trailers, and roadway detours. Grantee agrees. by its acceptance of this Easement. to indemnify and defend Grantor, any person who from time to time holds a direct or indirect ownership interest in Grantor and any person who from time to time holds a mortgage hen on Grantor's property against any claim or liability that may be asserted against one or more of them arising from or in connection with Grantee's activities on the Easement Area pursuant to this Easement and all related damages, costs and expenses except to the extent caused by or resulting from Grantor's sole negligence and except, where such claim or liability results from the concurrent negligence of Grantor, its agents or employees and Grantee. its agents or employees, to the extent of Grantor's negligence. Grantor and Grantee acknowledge that these indem- nity provisions have been mutually negotiated by the parties. Grantee specifically and expressly waives its immunity under industrial insurance Title 51, RCW as to amounts that Grantor may claim pursuant to this paragraph. 3. Term. This easement shall be effective from the date of its joint execution and shall expire on April 30, 2000, if not terminated earlier as described herein. 4. Termination. Grantee may terminate this Easement by written nonce to Grantor at any time. In such event. the parties shall, at Grantor's request, record a ter- mination of easement in the King County real property records. 5. Condition of Easement. Grantee agrees, at its sole cost and expense. to remove any and all personal property from Lot I and to restore Lot 1 to its original con- dition at the expiration or earlier termination of this easement. Grantee shall indemnify and hold harmless Grantor from any and all claims. losses, expenses to the extent they arise from Grantee's failure to comply with the obligations set forth in this paragraph 5. 6. Binding Effect. The Easement granted hereby is solely for the benefit of Grantee, and is personal to Grantee, its successors in interest and assigns. The Easement granted hereby, and the duties, restrictions, limitations and obligations herein created, 010 100 10 InChanxBItcal Fy,lttamb0C mry R..Mds°d'Mtlad Sups EaftmeM Ox II /49$ Ila -3- 25 X • W • shall run with the land, shall burden Lot 1 and shall be binding upon and the Grantor and its respective successors, assigns. mortgagees and sublessees and each and every person who shall at any time have a fee, leasehold, mortgage or other interest in any part of Lot 1. 7. Recording. This Easement shall be recorded in the real property records of King County, Washington. 8. Costs and Auomevs' Fens. The parties henxo agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either patty to comply with the terns, covenants, agreements and/or conditions of this Easement, it is understood and agreed that the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended in connection there- with, including. but not limited to, reasonable attorney's fees (including paralegal fees and fees for any appeals) and court costs. 9. Notices. Any and all notices or other communications required to per- mitted by this Easement or by law to be delivered to, served on or given to either party to this Easement by the other patty to this Easement, shall be in writing and shall be deemed properly delivered, given or served when personally delivered to such party, or in lieu of personal services, when telecopied or when mailed by United States mail, express, certified or registered, postage prepaid, or by a nationally recognized overnight delivery ▪ service, charges prepaid, addresses as follows: If to Grantor : McLeod Development Company N 213 Lake Street South Kirkland, Washington 98033 eel '!♦ With a copy to: James A. Greenfield Davis Wright Tremaine 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101 -1688 If to Grantee : Central Puget Sound Regional Transit Authority 1100 Second Avenue, Suite 500 Se tttle, Washington 98101 Attn: Jeri Cranney, Division Manager. Real Estate Facsimile No. (206) 689 -3526 wtoICO 10 ISAMmasNlaal rstaudliralCem.+eaor l..dwrtea+wo.oEasamudoc III/ -a- • • With a copy to: Central Puget Sound Regional Transit Authority 1100 Second Avenue, Suite 500 Seattle, Washington 98101 Attn: Legal Counsel Facsimile No. (206) 694 -1940 All notices so telecopied shall be deemed delivered upon transmission thereof and all notices so mailed shall be deemed received on the date which is 24 hours after delivery to the overnight delivery service by the sender, or if placed in the United States mails, on the date of the return receipt or, if delivery of such United States mail is refused or cannot be accomplished, 48 hours after deposit in the United States mails. Either party may change its address for the purpose of this Section by giving ten (10) days advance written notice of such change to the other party in the manner provided in this Section. 10. Amendment. This Easement may not be modified, amended or terminated without the prior written approval of the then owners of Lot 1 and the Grantee, its successors in interest, or assigns. 11. Waiver. No waiver or any of the provisions of this Easement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instances to which it relates and shall not be deemed to be a continuing or future waiver. 12. lens. The captions and paragraph headings contained in this Ease- ment are for convenience and reference only and in no way define, describe, extend or 11i limit the scope or intent of this Easement, nor the intent of any provision hereof. 13. Governing Law. This Easement shall be governed by and construed in rl U1 accordance with the laws of the State of Washington. 14. Miscellaneous. As used herein, the term "Grantee" shall refer to Grantee and its successors and assigns and the term "Grantor" shall refer to Grantor and its Asuccessors and assigns. o10.100101AAuedanl F..sa.+1Camolc RaMldcaJM I. aiswain Erecrotadoc I IONS • Alb -5- 25X1 IN WITNESS WHEREOF, this Easement is executed by the parties, intended to be legally bound as of the date first written above. GRANTOR MCLEOD DEVELOPMENT ,% PANY By Name: S ART M. CIEOD Title: P.GL`s /D� GRANTEE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY By ame: ROBERT K WHITE Title: Executive Director Approved as to Form: 1110 IOU. IQ IS SlesdR Il Emmet mi Kaama wroddeedweleed Sup. Eneas.da MCI ^ - _ - - aiNf)tlOeldll/ddllOdldeNacL� : -: Ink -6- 25X M g On this 4a day of November, 1998, before me. a Notary Public in and for the rl State of Washington, personally appeared Robert K. White, personally known to me (or N proved to me on the basis of satisfactory evidence) to be the person who executed this 0 instrument, on oath stated that he was authorized to execute the instrument, and ri acknowledged it as the Executive Director of CENTRAL PUGET SOUND REGIONAL rl TRANSIT AUTHORITY to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. STATE OF WASHINGTON COUNTY OF KA On this a • w • ) ss. • is y of November. 191.8.fiefore me,ANotag,Public in and for the State of Washington, personally appeared J71Ft2 t M. /7`4.cta known to me (or proved to me on the basis of isfactory evidence) to be the person who executed this instrument, on oath stated was uthorized to execute the instntment, and acknowledged it as the r CS/ en r of MCLEOD DEVELOPMENT COMPANY to be the free and voluntary act and dad of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF. I have hereunto set my hand and official seal the day and year first above written. STATE OF WASHINGTON COUNTY OF KING ) ss. ;l•,r, r. • A' PUBLIC in an j ' t . ate of Washington, residing at . , /t ►- My appoint e3ptres � 7/y1 41. Print N v %M�rey hi. �ZdAd. d.�.��'.' NOTA It PUBLIC in and for the State of Washington, residing at My appointment expires 412 Ofo Print Name A/aJC f 4. r* %IR Wit irvr atol EstaseLordsCoramier IlaaMicleothlesol Sups, II/ .• • -7- 25 x N O rl wl fri • go EXHIBIT A (Lot l) LOT 1: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. W o eo.e0.I3■Simataed 6erei ire'Caemrer ItaiMlet.odMctced Soda Eream hoc I I/JAS -8- • • w • xWBIT B (The Transit Center Property) LOT 2: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SEC'T'IONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -0F -WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 DESCRIBED ABOVE, BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO. 1 GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149+ 25.97 POINT OF TANGENCY "Y" 0+00; THENCE NORTH 87°07'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO !l7 A POINT 20 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y"; O THENCE NORTH 87°08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET vet SOUND POWER & LIGHT RIGHT-OF-WAY TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87 °08'04" EAST 124.74 FEET TO WESTERLY tri MARGIN OF UNION PACIFIC RAILROAD RIGHT -OF -WAY; tal G7 THENCE NORTH 03 °40'04" EAST ALONG THE WESTERLY RIGHT OF WAY MARGIN TO THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 81-36 SPE RECORDING NO. 8111090569; THENCE SOUTH 87 °13'29" WEST 127.45 FEET; THENCE SOUTH 01°26'34" EAST TO THE POINT OF BEGINNING. 010 100 '0 I3•0:4 kaIEslanilndaNCoremer UAWLe.dwclend Stipp Fi,eestidec 11 ARS -9- 25> • W • • LOT 3 ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; CIA EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: r1 BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND O PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF A SAID DONATION CLAIM; THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF 80 FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. WO 10D 10 Mbar Ma/ Esiortmd rumime. wdwcic e'Nclacd Saws Fay ibc Il, -10- 0 O itFFERRECORDING MAIL TO: Na„), CENTRAL PIRE1' SOUND REGIONAL TRANSIT A[llfi(RITY Address, 7 ton SFfl P fl AVE_ , Sf1TTF. SOD City l Siat _ SEATTLE, NA 98101 -3423 I)ncument Tide(s): (or transactions contained therein) 1. 2. 3. 4. TEMPORARY EASEMENT IN GROSS I Reference Number(s) of Documents assigned or released: rf ❑ Additional numbers un page of document First AmericanTille Insurance Company ►Jo. 311 1 aa--5 1ST AM-S (thu stare fir nth rtayanv tae only/ Grantor(s): Masi name fiat. then first name and initials) Pf I. MU DD DEVELOPMENT C(•EPANY,.A lastiINGItON CORPORATICN A 2. 3. 4. 5. ❑ Additional names on page of document (iranlee(s): (Last name lira. then fiat tame and initials) 1. CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY 8 2. KING COUNTY RECORDS DO TED 8 N N 2 ti • 3. 4. 5. ❑ Additional names on page of document Abbreviated Legal Description as follows: Ii.c lot/block/plat nr sect ion /township/nngelquafterlyuarfer) SEC:'ION 24 TOWNSHIP 23N RANGE 4E SE QUARTER Sid QUARTER, SECTION 25 TOWNSHIP 23!17 RANGE 4E JNE QUARTER NW QUARTER, AND SECTION 25 TOWNSHIP 23N RANGE 4E SE QUARTER NW QUARTER. Complete legal description is on page q \1, of document Assessor's Property Tax Parcel / Accounl Number(s): 000580- 0013 -03 AND 252304- 9006 -05 NOTE: i hr mrdrmrtrrt order rill rely on the Informatiron on the form. The trap ydll not read the document 01 vnifv the 011 toa.v on t tmgrletenets of the indexing information provided herein. • EXC(SE TAX NOT F'EQ':' EJ ng Co. 3 ofdg Syyjts:cn Deputy 25 x 9811051963 RECORDING REQUESTED DT AND RETURN ADDRESS: Jennifer Belk Central Puget Sound Regional Transit Authority 1100 Second Ave., Suite 500 Seattle, WA 98101 -3423 NUISANCE EASEMENT (COMMUTER RAIL STATION AND TRANSIT CENTER) GRANTOR: GRANTEE • ABBREVIATED LEGAL DESCRIPTION: ▪ ASSESSORS TAX PARCEL NO.: 1/▪ 3 O rI STUART M. MCIEOD. AN UNMARRIED MAN: MCIEOD DEVELOPMENT COMPANY. A WASHINGTON CORPORATION CENTRAL PUGET SOUND REOIONAL TRANSIT AUTHORITY (See Page _ for MI lepl description) S:1Rcai Fib RuNdcLudmeleod noun= efrnteI4oe I IIO3R$ • • 25 X 98110S1963 NUISANCE EASEMENT (COMMUTER RAIL STATION AND TRANSIT CENTER) This Nuisance Easement (the "Easement" or the "Nuisance Ea ement") is granted this 3,1 day of November, 1998, by STUART M. MCLEOD, an unmarried man and MCLEOD DEVELOPMENT COMPANY, a Washington corporation (collectively, "Grantor ") in favor of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHOR- ITY, a regional transit authority ( "Grantee') with reference to the following facts: RECITALS: A. Grantor is the owner of certain real property located in the city of Tukwila, King County, Washington legally descnbed in Exhibit A attached hereto and by this reference incorporated herein (the "Property "). B. Grantee is the current owner of the property located in the City of Tukwila, King County. Washington legally described in Exhibit B attached hereto (the "Transit Center Property "). The Transit Center Property is adjacent to and bounded by the Property on the north and south sides. C. Grantee is a regional transit authority, authorized by Chapter 81.104 and 81.112 RCW and a vote of the people to implement a high capacity transportation system. Grantee intends to construct and operate a commuter rail and transit station (including parking facilities and other transit related improvements) on the Transit Center Property and on adjacent railroad right -of -way. D. The parties heretofore have entered into a Real Estate Purchase and Sale Agreement, dated November., 1998 in Section 9.1 of which, Grantor agreed to convey Grantee a certain transit use "nuisance" easement upon the Property for the benefit of the Transit Center Property (the "Easement "). Grantor and Grantee desire to set fonh herein their agreement with respect to the Easement and to set forth the terms and conditions for the use and enjoyment thereof. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals Incorporated. Each recital set forth above is incorporated into this Easement as though fully set forth herein. 2. Easement. Grantor does hereby make, declare, sell, transfer, convey, warrant and establish a perpetual non-exclusive easement (the "Easement ") on and over all of the Property for the benefit of the Transit Center Property and for the benefit of S weal fwku,ndeCosnmua a„n►Ieln a4ck d anima asemweoe 2 uloivx 25xI Grantee and its successors and Grantee's agents, officers, employees, tenants and invitees for dust, traffic, visual impacts, noise impacts, and other nuisances that may result from Grantee's development, construction and operation of the Transit Center Property as a commuter rail and transit station, including parking facilities and other transit related improvements and services at all times. 3. pinding Effect. The covenants and agreements set forth in this Easement shall be covenants running with the land. Such covenants shall be binding upon, and inure for the benefit of the parties hereto and their respective successors and assigns. The Easement granted hereby shall have priority over any and all liens, encumbrances or other interests in the Property, and shall survive transfer of the fee ownership of, or any leasehold estate in, the Property. 4. Bowfin. This Easement shall be recorded in the real property records of King County, Washington. 5. Costs and Attorneys' Fees. The parties hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants, agreements and/or conditions of this Easement, it is understood and agreed that the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attorney's fees (including paralegal ▪ fees and fees for any appeals) and court costs. 6. Notices. Any and all notices or other communications required to vol permitted by this Easement or by law to be delivered to, served on or given to either party N to this Easement by the other party to this Easement, shall be in writing and shall be • deemed properly delivered. given or served when personally delivered to such party, or in ra4 lieu of personal services, when telecopied or when mailed by United States mail, express, certified or registered, postage prepaid, or by a nationally recognized ovemight delivery service, charges prepaid, addresses as follows: If to Grantor : Stuart M. McLeod McLeod Development Company 213 Lake Street South Kirkland, Washington 98033 s idol Estrellath ca eea RairMeleodledmd aeieaoee a setoenIAoe I I,OY9a 3 • 9811051963 • With a copy to: If to Grantee: With a copy to: • u • • James A. Greenfield Davis Wright Tremaine 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101 -1688 Central Puget Sound Regional Transit Authority 1100 Second Avenue. Suite 500 Seattle, Washington 98101 Attn: Jeri Cranny, Division Manager, Real Estate Facsimile No. (206) 689 -3526 Central Puget Sound Regional Transit Authority 1100 Second Avenue, Suite 500 Seattle. Washington 98101 Attn: Legal Counsel Facsimile No. (206) 694 -1940 All notices so telecopied shall be deemed delivered upon transmission thereof and all notices so mailed shall be deemed received on the date which is 24 hours after delivery to the overnight delivery service by the sender, or if placed in the United States mails, on the date of the retum receipt or, if delivery of such United States mail is refused or cannot be accomplished, 48 hours after deposit in the United States mails. Either party may change its address for the purpose of this Section by giving ten (10) days advance written notice of such change to the other party in the manner provided in this Section. 7. Amendment. This Easement may not be modified, amended or terminated without the prior written approval of the then owners of the land which is benefited or 5urdened by the provisions of any amendment to this Easement. 8. Waiver. No waiver or any of the provisions of this Easement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instances to which it relates and shall not be deemed to be a continuing or future waiver. 9. Captions. The captions and paragraph headings contained in this Easement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Easement, nor the intent of any provision hereof. 10. Governing Law. This Easement shall be governed by and consulted in accordance with the laws of the State of Washington. S %teal FiwewtdalCommom anl%ad nd mdcod romance easemaa.doe 4 11/0.V431 ��aa.eao,t�,c a. . 25 x 9811051963 • 12. Miscellaneous. A. The Easement granted hereby is solely for the benefit of, and is intended to constitute an easement appurtenant to the Transit Center Property and is not assignable by the owner of the Transit Center Property to any other person except in connection with the sale, transfer, conveyance, encumbrance or assignment of the Transit Center Property. The Easement granted hereby, and the rights, duties, restrictions. limi- tations and obligations herein created, shall run with the iand, shall burden the Property and shall benefit the Transit Center Property and shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, mortgagees and sublessees and each and every person who shall at any time have a fee, leasehold. mortgage or other interest in any part of the Property or the Transit Center Property. B. As used herein, the term "Grantee" shall refer to Grantee and its successors and assigns and the term "Grantor" shall refer to Grantor and its successors and assigns. IN WITNESS WHEREOF, this Easement is executed by the parties, intended to be legally bound, as of the date fast written above. GRANTOR STUART M. MCLEOD GRANTEE MCLEOD DEVELOPMENT COMPANY B yName SX,�a.7" Title: aieer/.o&ra✓f CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY By Name: Robert K. White Title: Executive Director SARal EamelindiCoraaider RaiN4cLeod incleod Misa ce tnaRnt doe 1143498 5 • 2 • • 0 Approved as to Form: t Legal Counsel STATE OF WASHINGTON ) ss. COUNTY OF KING On this day of November, 1998, before me, a Notary Public in and for the State of Washington, personally appeared STUART M. MCLEOD, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be his free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. O rl STATE OF WASHINGTON A COUNTY OF KING On this ay of November. 199$ -1 fore rpe, a Notify Qubln and for the State of Washington, personally appeared J7Zia r if. /7L. faa. personally known to me (or proved to me on the basis at actory evidence) to be the person who executed this instrument. on oath stated th was Authorized to execute the instrument, and acknowledged it as the /its/ Bit T of MCLEOD DEVELOPMENT COMPANY to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. ss. OT R PUBLIC in and •• • • of . Washington, residing at My appoint expires tiir `r•, Print Nam [.C1 :127 S Utcal EatectundaWuravnuta RanAcLcodUnclecd nuance=einem doc 6 1 InIU4a • o • IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. 1/ �i • }PUBLIC in and , r th g( ashin on, residing at 4� f4- fiNzA PrintName STATE OF WASHINGTON )ss. COUNTY OF KING ) On this day of November. 1998, before me, a Notary Public in and for the State of Washington. personally appeared, Robert K. White personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument. and acknowledged it as the Executive Director of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, 1 have hereunto set my hand and official seal the day and year first above written. f.c.. NOT Y P 1C in and for the State of W ngton, ing at Seeikla My appointment expires 1 29 - Name 'Senn •,;Ce.- 44k. 5 Recd Eas eWndeCaamater RaiMideodlmckod anunce easenemAoc 1110V98 7 X • • • Alb EXHIBIT A THE PROPERTY LEGAL DESCRIPTION: LOT 4: ALL THAT PORTION OF GOVERNMENT LOT 1 I AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET • SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT I I; ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 • FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF THE HENRY • MEADER DONATION CLAIM NO. 46 LEGAL DESCRIPTION: LOT 1: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, ANL) SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. S %Neal F:.saktlaodajCommmta RasMkitadosscleod smisaace esscmmtdoe 8 Ito wit • - • 25x1 • o • • McLeod's Northern Fee Property LOT 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS RECORDED UNDER RECORDING NO. 9803129013, RECORDS OF KING COUNTY, WASHINGTON. SIRcal E sue bndinCosm ula RaMldaod nicbod nuisance easement .doc 9 11ng1911 9b11051963 0 EXHIBIT B THE TRANSIT CENTER PROPERTY LEGAL DESCRIPTION: LOT 2: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY. AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 DESCRIBED ABOVE, BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO. 1 GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149 +25.97 POINT OF TANGENCY "Y" 0+00; THENCE NORTH 87°07'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "r; THENCE NORTH 87°08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING; • THENCE CONTINUING NORTH 87°08'04" EAST 124.74 FEET TO WESTERLY MARGIN OF UNION PACIFIC RAILROAD RIGHT -OF -WAY; THENCE NORTH 03 °40'04" EAST ALONG THE WESTERLY RIGHT OF WAY MARGIN TO THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 81-36 SPE RECORDING NO. 8111090569; THENCE SOUTH 87°13'29" WEST 127.45 FEET; THENCE SOUTH 0I°26'34" EAST TO THE POINT OF BEGINNING. S %kcal Estate e n 1C°mmow RadlMcl.axdNrk°d =sake easalrm doc 10 1mnwx • 25.X • o • • LEGAL DESCRIPTION: LOT 3: ALL THAT PORTION OF GOVERNMENT LOT 1 I AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25. TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: ell N BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM 0 AND THE EAST MARGIN OF THE CHICAGO. MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; A THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM; THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF 80 FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. • S Ilea] liosac L ada∎Comwelu RajMicicokacma auiirke easement ax 1 11/0.3/98 Alb ..t_L�_ . • 25 • v • AFTER RECORDING MAIL TO: ti PUGET SOUND REGIONAL TRANSIT AUTHORITY Address 1100 S13DtID AVE.. Sf1ITE 500 ciIy/suk SEATTLE, WA 98101 -3423 Document Title(s): (or ttansactiun• contained therein) 1. NUISANCE EASEMENT 2. 3. 4. ,Reference Numbers) of Documents assigned or released: 0 Additional numbers on pale of document O gal Granlorts): (lasl nave firs. then firm name and mina's) ill. FCLDOD, STUART M. 2 MCLIED DEVELOPMENT CCMPANY, A WASHINGTON CCRP 3. 4. 5. 0 Additional names on page of document First American Tide a ;r Insurance Company 1ST AM -S tang ,p.. fo tuk company use unit) Grantee(s): (Tau name lira. then firm name and initial,) 1. CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY s 2. 3. 4. 5. 0 Additional names on page of document Abbreviated Legal Description as follows: (ix. iuuwect/ptat ur satioMuwmbiphmgelyuancr /yuartcr) • SECTION 24 WARSHIP 23N RANGE 4E SE QUARTER Sir QUARTER, • SEYTION 25 TOWNSHIP 23N RANGE 4E NE QUARTER NW QUARTER, AND 6 :iECTICN 25 TOWNSHIP 23N RANGE 4E SE QUARTER NN QUARTER 0<mnplctc legal description is on page9- X01- of Qocutnent Y Assessor's Property Tax Parcel / Account Number(s): k 000580- 0013 -03 and 252304- 9006 -0i N • NMI: The ouduorret ,nJrr nil! rely on the Information on the form. The sluff will non read the d n umenr to )•reify the on ara, s ar , nmplrlrntss of the ,,Jning ,nfi,nnudon provided herein EMSE TA OT Deputy 25X • o • • RECORDING REQUESTED BY AND RETURN ADDRESS: Jennifer Belk Central Puget Sound Regional Transit Authonty 1100 Second Ave., Suite 500 Seattle, WA 98101 -3423 RECIPROCAL EASEMENTS FOR ACCESS, ROADWAYS, AND GRANTORS: UTILITIF.S (24-FOOT EASEMENTS) TS) • STUART M. MCLEOD MCLEOD DEVELOPMENT COMPANY CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY GRANTEES: STUART M. MCLEOD MCLEOD DEVELOPMENT COMPANY CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY OABBREVIATED LEGAL DESCRIPTION: (See Page _ for Tuff legal deception) ASSESSORS TAX PARCEL NO.: sW.e.wmrmmmrI M&ts•dM+..l:rm.a.rere..dic 11o.VN • ..... _ _._. 25 x 0 • RECIPROCAL EASEMENTS FOR ACCESS, ROADWAYS, AND UTILITIES (24 -FOOT EASEMENTS) These Easements for access, roadways, and utilities (collectively the "Easements" or when referred to individually, the "Easement") are granted this kj. day of November, 1998, by STUART M. MCLEOD, an unmarried individual and MCLEOD DEVELOPMENT COMPANY, a Washington corporation (collectively, "McLeod ") in favor of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority ( "Sound Transit ") and by Sound Transit in favor of McLeod with reference to the following facts: RECITALS: A. Sound Transit is the owner of certain real property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit A attached hereto and by this reference incorporated herein (the "Transit Center Property "). Sound Transit is a regional transit authority, authorized by Chapter 81.104 and 81.112 RCW and a vote of the people to implement a high capacity transportation system. Sound Transit intends to construct a commuter rail station, parking facilities. and related transit center improvements on the Transit Center Property and intends to construct other transit- related improvements throughout the Puget Sound region. B. McLeod is the owner of the property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit B attached hereto (the "McLeod Property "). The McLeod Property is comprised of one parcel to the south of A the Transit Center Property ( "Lot 4 ") and two parcels to the north of the Transit Center Propeny ( "McLeod's Northern Fee Property" and "Lot 1 "). •l C. The parties heretofore have entered into a Real Estate Purchase and Sale 4 Agreement, dated November, 1998 in which they agree to convey and to accept con- . rl veyance various real properly interests. In such Section 9.2 of such Agreement, the par- ties agreed to convey reciprocal 24 -foot wide easements (the "Easements ") for certain rights of vehicular and pedestrian ingress and egress and for installation and maintenance of utilities for the benefit of McLeod's Property and the Transit Center Property. Sound Transit and McLeod desire to set forth herein their agreement with respect to the Ease- ments and the terms and conditions for the use and enjoyment thereof. NOW. THEREFORE, for valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the parties agree as follows: w4lamewer«menL.11 d, wte./:+o r..mnaAIM •2• I IA YO • • 25> 9811051962 0 • • 0 1. Recitals Incorporated. Each recital set forth above is incorporated into these Easements as though fully set forth herein. 2. Easement Granteg by McLeod; Sound Transit's Access. Roadway. and Utilities Easement to South 156 Street. McLeod does hereby make, declare, sell, trans- fer, convey, warrant and establish a non - exclusive easement through, under and over a 24 -foot wide portion of McLeod's Northern Fee Property and Lot 1 to the proposed S. 15e Street for the benefit of the Transit Center Property and for the benefit of Sound Transit and its agents, officers, employees, tenants and invitees for the purpose of Sound Transit's construction. maintenance, and use of a roadway to provide vehicular and pedestrian ingress to and egress from Sound Transit's commuter rail station, transit facilities, parking facilities, and related improvements, and for the purpose of installation and maintenance of utilities, including but not limited to power, gas, water, sewer, and telecommunications conduits. at all times. The Easement described in this paragraph 2 shall be located on the western edge or eastern edge of McLeod's Northern Fee Property and Lot 1 as determined by McLeod in cooperation with Sound Transit before the improvement or development of the roadway. Upon such determination, the parties shall record an amendment to this Easement setting forth the legal description of such ease- ment area. The Easement described in this paragraph 2 shall permit Sound Transit to use the easement area only at such time as constnction begins on the public right of way improvements for S. I56t Street, and shall terminate in the event that construction has not begun by December 31, 2005. Unless terminated pursuant to the foregoing sentence, the Easement described in this paragraph 2 shall be perpetual. In addition to the ea,c- ment rights granted herein, Sound Transit also shall have the temporary right to enter upon the McLeod Property for the purpose of constructing, installing, and maintaining the utilities and roadway described in this paragraph 2. McLeod may from time to time temporarily close portions of the Easement described in this paragraph 2, for maintenance and repair purposes. but McLeod will use reasonable efforts to conduct routine repairs and maintenance so as to not unreasonably disrupt Sound Transit's use of the Easement. 3. Easement Granted by Sound Transit; McLeod's Limited Access Easement. Sound Transit does hereby make, declare, sell, transfer, convey, warrant and establish a 24 -foot wide perpetual non - exclusive easement through, under and over the Transit Center Property from S. 158th Street to Lot 4 for the benefit of McLeod's Property and for the benefit of McLeod for the purpose of ingress and egress of oversized loads not to exceed HS20 loading, at all times. The easement shall be located as deter- ruined by Sound Transit in cooperation with McLeod during design of Sound Transit's transit facilities. Upon such determination, the parties shall record an amendment to this Easement setting forth the legal description of such easement arca. In the event that for any reason. other than a voluntary termination or willful default, Seller loses its permis- sion to use the privately improved crossing of the Union Pacific Railroad Right of Way at �Y4al, umetwala%' .,,weft laSkln,MYln 1 la:, sm..,,asassalre '3- I IA1J9l 25 ) C? 6. Recording. These Easements shall be recorded in the real property records tr4 of King County. Washington. Yn 7. Costs and Attorneys' Fees. The parties hereto agree that in the event it ▪ becomes necessary for any party to defend or institute legal proceedings as a result of the • failure of either party to comply with the terms, covenants, agreements and/or conditions • of these Easements, it is understood and agreed that the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended in connection there- with, including, but not limited to, reasonable attorney's fees (including paralegal fees and fees for any appeals) and court costs. 8. Notices. Any and all notices or other communications required to permitted by these Easements or by law to be delivered to, served on or given to either party to these Easements by the other party to these Easements, shall be in writing and shall be deemed properly delivered, given or served when personally delivered to such party, or in lieu of pe sonal services, when telecopied or when mailed by United States • 0 • so AL Strander Boulevard. and has no other practicable means of ingress and egress to and from Lot 4, then Seller may use the easement area for general vehicular and pedestrian access purposes. at all times. Sound Transit may from time to time temporarily close portions of the Easement described in this paragraph 3, for maintenance and repair purposes, but Sound Transit will use reasonable efforts to conduct routine repairs and maintenance so as to not unreasonably disrupt McLeod's use of the Easement. 4. General Provisions Applicable to the Easements. The design of access roadways to be constructed within the Easements shall minimize any interference with or otherwise materially detrimental impacts to the use of the Transit Center Property and the McLeod Property. The parties acknowledge agree that entrances from the Easements onto S. 156'" Street, Strander Boulevard Extension, and S. 1581h Street may require that the driveways be located outside of the 24 -foot easement corridors, and agree to grant such additional rights as will allow the parties to locate such driveways. Such driveways shall be established in mutually agreeable locations. In addition, the parties agree that each shall bear its respective incremental additional costs for roadway design and con- struction beyond the costs of improvements planned by the other party. 5. Bifmding Effect. The covenants and agreements set forth in these Ease- ments shall be covenants running with the land. Such covenants shall be binding upon, and inure for the benefit of the parties hereto and their respective successors and assigns. The Easements granted hereby shall have priority over any and all liens, encumbrances or other interests in the encumbered property. and shall survive transfer of the fee ownership of, or any leasehold estate in, the encumbered property. Naeeal r, u, u. tnr.... eseuwwnatAWLe,r caroms lot -4- I IA w5 • • 25X 9811051962 • • • • mail, express, certified or registered, postage prepaid, or by a nationally recognized overnight delivery service, charges prepaid, addresses as follows: If to McLeod : With a copy to: If to Sound Transit: With a copy to: Stuart M. McLeod McLeod Development Company 213 Lake Street South Kirkland, Washington 98033 James A. Greenfield Davis Wright Tremaine LLP 2600 Century Square 1501 Fourth Avenue Seattle. Washington 98101 -1688 Facsimile No. (206) 628 -7699 Central Puget Sound Regional Transit Authority 1100 Second Avenue. Suite 500 Seattle, Washington 98101 Attn: Jeri Cranny, Division Manager. Real Estate Facsimile No. (206)689 -3526 Central Puget Sound Regional Transit Authority 1100 Second Avenue, Suite 500 Seattle, Washington 98101 Attn: Legal Counsel Facsimile No. (206) 694 -1940 All notices so telecopied shall be deemed delivered upon transmission thereof and all notices so mailed shall be deemed received on the date which is 24 hours after delivery to the overnight delivery service by the sender, or if placed in the United States mails, on the date of the return receipt or, if delivery of such United States mail is refused or cannot be accomplished, 48 hours after deposit in the United States mails. Either party may change its address for the purpose of this Section by giving ten (10) days advance written notice of such change to the other party in the manner provided in this Section. 9. Amendme.tt. These Easements may not be modified. amended or terminated without the prior written approval of the then owners of the land which is bene(.tcd or burdened by the provisions of any amendment to these Easements. S a:. e..rv.a r.weve„ l.nam.,.rMd..d !MI macho, ur.rm a. -5- 11/0‘911 • 25 x • • • • 10. Waiver. No waiver or any of the provisions of these Easements shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instances to which it relates and shall not be deemed to be a continuing or future waiver. 11. Captions. The captions and paragraph headings contained in this Easement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of these Easements, nor the intent of any provision hereof. 12. Governing Law. These Easements shall be governed by and construed in accordance with the laws of the State of Washington. 13. Miscellaneous. A. The Easements granted hereby are solely for the benefit of. and are intended to constitute easements appurtenant to the benefited property and are not assignable by the owner of such property to any other person except in connection with the sale, transfer. conveyance, encumbrance or assignment of the benefited property. The Easements granted hereby, and the rights, duties, restrictions, limitations and obligations herein created, shall run with the land, shall burden the encumbered property and shall benefit the benefited property and shall be binding upon and inure to the benefit oldie patties hereto and their respective successors, assigns, mortgagees and sublessees and each and every person who shall at any time have a fee, leasehold, mortgage or other interest in any part of the Transit Center Property, Mcleod's Northern Fee Property. Lot SCI 4, and Lot 1. V7 B. As used herein, the term "McLeod" shall refer to McLeod and its successors and assigns and the term "Sound Transit" shall refer to Sound Transit and its til • successors and assigns. !s▪ i IN WITNESS WHEREOF, these Easements are executed by the patties, intended to be Legally bound, as of the date first written above. MCLEOD STUART M. MCLEOD ud Ee.w.rKommon uiLrd..ww,w w seamq exammenat IIO.O# MCLEOD DEVELOPMENT 'OMPANY By_ Its -6- 0 • SOUND TRANSIT CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY STATE OF WASHINGTON COUNTY OF KING On this day of November, 1 fore 91e���of y Qubli in and for the State of Washington, personally appeared )7L/QrT "7 Pfr1, personally known to me (or proved to me on the basis of isfactory evidence) to be the person who executed this instrument, on oath stated waaauthorized to execute the instrument, and acknowledged it as the /r es!' en / of MCLEOD ei DEVELOPMENT COMPANY to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. vl 0 and year first above written. v4 By Nam: Robert K. White Title: Rxecutive Director Approved as to Form: IN WITNESS WHEREOF,1 have hercun set my hand and official seal the day STATE OF Washington COUNTY OF KING ss. �* RY ' UBLIC in and the Washington. residing at ./r —,o` My appointme I s r/MAf' ' Print Name ,r__ 177.1 shb. •�. On this U = day of November. 1998. before me, n Notary Public in and for the State of Washington. personally appeared STUART M. MCLEOD. personally known to S Wal isaWamYewrorta IWILMELeellftlwal lY min, ammonia -%- iIAWd b0 ,.. .�c..rrrrl• l • 25x • 0 • me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be his free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. STATE OF WASHINGTON COUNTY OF KING On this day of November, 1998, before me, a Notary Public in and for the State of Washington, personally appeared Robert K. White, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instnmtent. and acknowledged it as the Execute Director of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOT Y P LIC in and for the State of Was r• gton, iding at Siatlt, web. My appointment expires t- 2q- 2002 Print Name J z3u1L s iva c.rK.ucamm+v u+rad. k,m+ to mob.,....aumr -8- mow 2ffix • 0 • EXHIBIT A TRANSIT CENTER PROPERTY LEGAL DESCRIPTION: LOT 2: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 DESCRIBED ABOVE. BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO. 1 GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149 + 25.97 POINT OF TANGENCY "r' 0,m; THENCE NORTH 87°07'32" EAST ALONG SAID "r' LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY; CI THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO ✓ A POINT 20 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE In EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y "; O THENCE NORTH 87°08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET gal ▪ SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87°08'04" EAST 124.74 FEET TO WESTERLY 03 MARGIN OF UNION PACIFIC RAILROAD RIGHT -OF -WAY; THENCE NORTH 03 °40'04" EAST ALONG THE WESTERLY RIGHT OF WAY MARGIN TO THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 81-36 SPE RECORDING NO. 811 1090569; THENCE SOUTH 87 °13'29" WEST 127.45 FEET; THENCE SOUTH 01°26'34" EAST TO THE POINT OF BEGINNING. movo • • LEGAL DESCRIPTION: LOT 3: ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM; ON THE NORTH BY THE SOUTH MARGIN OF THE CR'Y OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: C1 BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND (n PACIFIC RAILROAD RIGHT -OF -WAY; O THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF ▪ SAID DONATION CLAIM; THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH � ,+ LINE A DISTANCE OF 80 FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. S VIM E.rAbelOCnamoort Na MY4,Ntl.el IS, wl•gaeeme, doe -10- I WWII 4 • ! 25) a,2 LOT 4: ALL THAT PORTION OF GOVERNMENT L O T I 1 AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL SITUATED IN ,.4 SECTION 25. TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS A FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; • v • s EXHIBIT B MCLEOD PROPERTY LEGAL DESCRIPTION: MCLEOD'S NORTHERN FEE PROPERTY LOT 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS RECORDED UNDER RECORDING NO. 9803129013, RECORDS OF KING COUNTY, WASHINGTON. LOT 1: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158Th STREET. LEGAL DESCRIPTION: ort.Irn.,u..unCremaeIlsA*U.&Mt d:a..ws?ems..a - 1 1- I MVO Alb to wl O d A • ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11; ON THE NORTH BY A LINE DRAWN PARALLEL. WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF THE HENRY MEADFR DONATION CLAIM NO. 46 x Meal r...rL.w...+.a uw.,..•uarl ua mr.q..oeatkr .12- IIN.K0 • • :. -. • �__ 25X • G • AFTER RECORDING MAIL TO: Name CENTRAL PI1GET SOUND REGIONAL TRANSIT AUTHORITY Address 1100 SPITW AVE. _SIII E K00 City /state SEATTLE. VA 98101 -3423 Document Title(s): (or tramatiiens �untaincd therein) RECIPRO AL EASEMENTS FOR ACCESS, RCAOFIAYS, AND UTILITIES 3. 024. ID U Reference Number(s) of Documents assigned or released: 14 0 Additional numbers on page of document First American Titk Insurance Company 1ST AM -S phn ,rywr (u ink ramp ur we 'nth 33 Grantor(s): I Last name first. then first name and initials) in I. MCLEOD, STUART M. AND 1 MOLDOD DEVEIAPMPlIT COMPANY, A WISHIN1ION CORPORATION 3. CENTRAL PUGEt SOUND REGIONAL TRANSIT AUTHORITY 4. 5. O Additional names on page of document 981t0S -i%2 ;2:59:00 P!! KING COJhTY RECORLS ( ;ranteels): (fast name lint. then first name and initials) l MCL flD, STUART M. 2. MR,EDD DEVELOPMENT 00b1PANY, A bQSlW GItON ODRPORATION 3. CENTRAL PUGEP SOUND REGIONAL TRANSIT AUTHORITY 4. 5. 0 Additional names on page of document Abbreviated Legal Description as follows: (i.c ha/hkrk/plat m sectinnIawnship /r nge/quaner /quarter) SECTION 24 TORNSHIP 23N RANGE 4E SE QUARTER SW QUARTER, s erica 25 1'OFRSHIP 23N RANGE 4E NE QUARTER NW QUARTER AND SECTION 25 T W SHIP 23N RANGE 4E SE QUARTER Mg QUARTER J21 Complete legal description is on page ICL,I._ of document Assessor's Property Tax Parcel / Account Number(s): 000580- 0013 -03 AND 252304 - 9006 -05 5i1)TE: '1 he• onIurlre• ..rdrr will rely on tar nrJor motion on the from The seal. will noi rend the d,,c nrent to verify the m e hear . or r nmplrrrnr u r / rhr mitering inJurrnrum prnerded herrn,. EXC! E TAX NOT RE • 41.D 25x 9811051961 RECORDING REQUESTED NY AND REruRN ADDRESS: Jennifer Bock Central Puget Sound Regional Transit Authority 1100 Second Ave., Suite SOD Seattle. WA 98101 -3423 RECIPROCAL EASEMENTS FOR INGRESS, EGRESS AND UTILITIES (3 1SS'Stmt, Tukwila, Washington) GRANTORS: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY MCLEOD DEVELOPMENT COMPANY, A WASHINGTON CORPORATION GRANTEES: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY STUART M. MCIEOD, AN UNMARRIED MAN MCL EOD DEVELOPMENT COMPANY, A WASHINGTON CORPORATION ABBREVIATED LEGAL DESCRIPTION: (See Page _ Tor full legal de eripion) ASSESSORS TAX PARCEL NO.: SN1aal cau-1 se.lCacarer RaiMklaahmked ISM =WNW aYbsftOo: 11,0./911 9811051961 RECIPROCAL EASEMENTS FOR INGRESS, EGRESS AND (TFILITIES (S. 15816 Street, Tukwila, Washington) These Reciprocal Easements for ingress, egress. and utilities (the "Easements ", and individually, the "Easement ") are granted this .3d day of November. 1998. by and between STUART M. MCLEOD, an unmarried man and MCLEOD DEVELOPMENT COMPANY, a Washington corporation (collectively, "McLeod ") and the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority ("Sound Transit") with reference to the following facts: RECITALS: A. McLeod is the owner of certain real property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit A attzched hereto and by this reference incorporated herein ( "Lot 4 ". "Lot 1" and "McLeod's Northern Fee Property ". collectively, " McLeod's Property "). B. Sound Transit is the current owner of the property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit B attached hereto (thc "Transit Center Property "). Sound Transit is a regional transit authority. authorized by Chapter 81.104 and 81.112 RCW and a vote cf the people to implement a high capacity transportation system. Sound Transit intends to construct a commuter rail station. parking facilities, and related transit center improvements on the Transit Center Property and intends to construct other transit- related improvements throughout the Puget Sound region. C. The boundary between Lot 1 and the Transit Center Property is the centerline of what would be an easterly extension of S. 158th Street. The parties heretofore have entered into a Real Estate Purchase and Sale Agreement. dated November3 , 1998 in which they agree to convey and to accept conveyance of various real property interests. In such Section 9.2.3 of such Agreement, thc parties agreed to convey reciprocal 20 -foot wide easements (the "Easements") to one another for the full use and enjoyment of S. 158th Street, for vehicular and pedestrian ingress and egress and for installation and maintenance of utilities for the benefit of McLeod's Propeny and the Transit Ccnter Property. D. Sound Transit intends to construct certain improvements in the S. 158'x' Street right of way that are necessary to support the commuter rail station, parking facilities, and other transit - related improvements. McLeod intends to develop McLeod's Property to its highest and best use. The parties intend that the design for such improvements be coopera- tively developed such that the improvements, to the extent practicable, will benefit both McLerxl's Property and the Transit Center Property development. S%Kral Fa.N.adeforraes ItadV4cLcodUnc kod Ildd mi,mn1 megrim �i�wx 9511051961 0 • E. The panics acknowledge that the Easement Area also is subject to the terms and provisions of an agreement between the Boeing Company and McLeod dated January 10, 1996 (the "Boeing Agreement ") and the Easement dated January 10, 1996 and recorded under the King County Division of Records and Elections No. 9601231152 (the "Boeing Ease- ment"). McLeod and Sound Transit desire to set forth herein the allocation of certain rights and obligations set forth in the Boeing Agreement and Boeing Easement and McLeod and Sound Transit desire to set forth herein their agreement with respect to the reciprocal ease- ments for ingress, egress and for the installation and maintenance of roadway improvements and utilities and the terms and conditions for the use and enjoyment thereof. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree as follows: 1. Recitals Incorporated. Each recital set forth above is incorporated into these Easements as though fully set forth herein. 2. Grant of Easements. McLeod does hereby make. declare, sell. transfer. convey, warrant and establish a perpetual non-exclusive easement for the benefit of the Transit Center Property and for the benefit of Sound Transit and Sound Transit's agents. officers. employees, tenants and invitees for the purpose of vehicular and pedestrian ingress and egress, and the installation and maintenance of utilities and for the installation and maintenance of roadway improvements necessary and desirable to support the development and use of the Transit Center Property at all times through, under and over a 20 -foot wide portion of S. 1581° Street, as more particularly described in the attached Exhibit C. Sound Transit does hereby make, declare, sell, transfer, convey. warrant and establish a perpetual non -exclusive easement for the benefit of McLeod's Property and for the benefit of McLeod and McLeod's agents, offi- cers, employees, tenants and invitees for the purpose of vehicular and pedestrian ingress, and egress, and installation and maintenance of utilities at all times through, under and over a 20- foot wide portion of S. 158'" Street, as more particularly described in the attached Exhibit D. The casements grunted in this paragraph 2 shalt be referred to collectively as the "Easements ". The area encumbered by the Easements shall be referred to as the "Easement Area ". 3. Construction of Improvements. Sound Transit shall construct roadway improve- ments in the Easement Area as are necessary to support construction and use of Sound Transit's commuter rail station, associated parking. and other transit- related improvements. Such improvements shall include installation of utilities power. and communication conduit, landscaping. sidewalk. and roadway surfacing. The design for such improvements shall be developed in cooperation with McLeod so that. to the extent practicable, the improvements benefit development of both Mc Leod's Property and the Transit Center Property and so that to the extent practicable maintenance costs are minimized. Accordingly. Sound Transit shall submit its preliminary design for the improvements to McLeod al each level of design com- pletion for review and comment by McLeod. On or before March 1. 1999. McLeod may request and Sound Transit shall include in the roadway design utility and other conduits solely S *cal I.WICVlndarbmrolrr RAIN&L ttere Md 1 SRI" reciprocal martens doe IIAIWN -3- • 1 25x • • for McLeod's use and at McLeod's expense. McLeod will notify Sound Transit in writing on or before March 1, 1999 whether Sound Transit shall install 4 -inch or 2 -inch conduit and McLeod shall reimburse Sound Transit the cost of such conduit at the following rates: $2.80 per foot of 4 -inch conduit and $2.00 per foot of 2 -inch conduit. Sound Transit acknowledges and agrees that McLeod shall retain exclusive use of the existing conduit Tying within such area. Sound Transit shall not be required to install at its own expense other improvements that are not necessary for its own development. but shall install such improvements during Sound Transit's development of the Transit Center Property at McLeod's expense if requested to do so in writing by McLeod in a timely fashion and so long as the installation of such improvements is reasonably consistent with Sound Transit's construction schedule. In such event the parties shall exercise their best efforts to set a reasonable budget and schedule for the construction of such additional improvements and Sound Transit shall exercise its best efforts meet such budget and schedule in constructing such improvements. McLeod's pay- ment shall be made within thirty (30) days of receipt of an invoice from Sound Transit for the costs agreed herein. Sound Transit shall have the right to enter upon Lot 1 for the purposes of carrying out its obligations and exercising its right to construct the improvements described in this paragraph 3. 4. Maintenance of Easement Area. McLeod shall perform the necessary and reason- able maintenance of the Easement Area. including re- surfacing of the roadway, maintenance of the drainage system, pavement markings, and maintenance of street lighting. Sound Transit shall reimburse McLeod for fifty- percent (50 %) of the costs of such maintenance within thirty (30) days of receiving an invoice for maintenance colic. Provided, however, at such time as the Boeing Agreement provisions (Article 3) require Boeing Corporation to begin paying Ni maintenance costs for the Easement Area. McLeod shall be responsible for seventy -five per - cent (75%) of such maintenance costs and Sound Transit shall reimburse McLeod twenty -five percent (25%) of such costs in the manner described above. The parries acknowledge that at 1"1 such time. such maintenance costs may increase to cover additional services necessary to A accommodate Boeing's use of the roadway as provided in the Boeing Agreement. McLeod shall notify Sound Transit when the Boeing Company's obligations under Article 3 of he Boeing Agreement have become effective. Sound Transit further acknowledges and agrees; without limitation, that, after the Closing Date and after the Boeing Agreement is no longer in effect, McLeod shall manage the maintenance of the private roadway portion of South 158'" Street west of the BNRR right -of -way and Sound Transit shall reimburse Seller 50% of such costs. In the event that McLeod defaults in its performance of the maintenance obligations set forth in this paragraph 4 and fails to cure such default with thirty (30) days after receipt of written notice. Sound Transit shall have the right. but not the obligation, to conduct the rear sonable maintenance of the Easement Area described above. In such event, Sound Transit shall be entitled to reimbursement from McLeod of 75% of its costs, if the Boeing Agreement is in effect or 50% of its cost if the Boeing Agreement is no longer in effect, which reimburse- ment shall be made within thirty (30) days of receipt of an invoice from Sound Transit Nothing in this Easement is intended to amend or alter the Boeing Agreement or Boeing Easement or McLeod's obligations thereunder. McLeod agrees to indemnify and hold harm- 5 Vaal 1.ua,t bndallb,mrta NadWeleadNsIs d 151Ith normal uamea' dat 114,•0 -4- 25 X •- t • Tess Sound Transit from any and all claims, losses, and expenses Sound Transit may incur to the extent caused or alleged to be caused by McLeod's default of the Boeing Agreement or Boeing Easement. 5. Boeing Augment and Boeing Easement. Sound Transit and McLeod agree that so long as the Boeing Agreement remains in effect (1) Sound Transit shall not make any claim as to the parking rights upon the Boeing Property described in the Boeing Agreement and the Boeing Easement and (2) Sound Transit shall not be entitled to receive and shall make no claim for any portion of Boeing's payment of its share of the Shared Cost Improvements as described in Section 4.2 of the Boeing Agreement. McLeod acknowledges that it shall have no authority to enter into any amendment of the Boeing Agreement that affects the Transit Center Property or that would materially change Sound Transit's obligations under this paragraph 5. 6. Binding Effect. The covenants and agreements set forth in these Easements shall be covenants running with the land. Such covenants shall be binding upon, and inure for the benefit of the parties hereto and their respective successors and assigns. 7. Recording. These Easements shall be recorded in the real property records of King County, Washington. 8. Costs and Attorneys' Fees. The parties hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants, agreements and/or conditions of these Easements, it is understood and agreed that the prevailing party in such litigation shall be al entitled to be reimbursed for all costs incurred or expended in connection therewith, includ- ing, but not limited to, reasonable attorney's fees (including paralegal fees and fees for any e o appeals) and court costs. N 9. Notices. Any and all notices or other communications required to permitted by these Easements or by law to be delivered to, served on or given to either pany to these Easements by the other party to these Easements, shall be in writing and shall be deemed properly delivered, given or served when personally delivered to such party, or in lieu of personal services, when telecopied or when mailed by United States mail. express. certified or registered, postage prepaid, or by a nationally recognized overnight delivery service, charges prepaid, addresses as follows: • If to McLeod : Stuart M. McLeod 213 Lake Street South Kirkland, Washington 98033 5 Weal Euae La d.Y.amrn ItaolVAcLeadInwlesal 15Ihbmyna! me re u.doc I IA RS -5- Alb i 250 0 9811051961 With a copy to: If to Sound Transit : With a copy to: • v • • James A. Greenfield Davis Wright Tremaine 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101 -1688 Facsimile No. (206) 628 -7699 Central Puget Sound Regional Transit Authority 1100 Second Avenue, Suite 500 Seattle, Washington 98101 Attn: Jeri Cranney, Division Manager, Real Estate Facsimile No. (206) 689 -3526 Central Puget Sound Regional Transit Authority 1 100 Second Avenue, Suite 500 Seattle. Washington 98101 Attn: Legal Counsel Facsimile No. (206) 694 -1940 All notices so telecopied shall be deemed delivered upon transmission thereof and all notices so mailed shall be deemed received on the date which is 24 hours after delivery to the over- night delivery service by the sender, or if placed in the United States mails, on the date of the return receipt or, if delivery of such United States mail is refused or cannot be accomplished, 48 hours after deposit in the United States mails. Either party may change its address for the purpose of this Section by giving ten (10) days advance written notice of such change to the other party in the manner provided in this Section. 10. Amendment. These Easements may not be modified, amended or terminated without the prior written approval of the then owners of the land which is benefited or burdened by the provisions of any amendment to these Easements. 11. Waive(. No waiver or any of the provisions of these Easements shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instances to which it relates and shall not be deemed to be a continuing or future waiver. 12. Captions. The captions and paragraph headings contained in these Easements are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Easement, nor the intent of any provision hereof 13. Governing Law. These Easements shall be governed by and construed in accordance with the laws of the State of Washington. s% cal Escalc■LoodatCoomstav RadWeLcaellrecicad 1384 trcp,rcal mamas doe nPwn -6- 25X1 • o • 13. Miscellaneous. A. The Easement granted herein by McLeod is solely for the benefit of. and is intended to constitute an easement appurtenant to the Transit Center Property and is not assignable by the owner of the Transit Center Property to any other person except in connec- tion with the sale, transfer, conveyance, encumbrance or assignment of the Transit Center Property. The Easement granted herein by McLeod. and the rights, duties, restrictions, limitations and obligations thereby created, shall run with the land, shall burden Lot 1 and shall benefit the Transit Center Property and shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, mortgagees and sublessees and each and every person who shall at any time have a fee. leasehold, mortgage or other interest in any part of Lot 1 or the Transit Center Property. B. The Easement granted herein by Sound Transit is solely for the benefit of, and is intended to constitute an easement appurtenant to the McLeod Property and is not assign- able by the owner of the McLeod Property to any other person except in connection with the sale, transfer, conveyance, encumbrance or assignment the McLeod Property. The Easement granted herein by Sound Transit. and the rights. duties, restrictions, limitations and obliga- tions thereby created. shall run with the land, shall burden the Transit Center Property and shall benefit the McLeod Property and shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns. mortgagees and sublessees and each and every person who shall at any time have a fee. leasehold, mortgage or other interest in any part of the McLeod Property or the Transit Center Property. �rl C. As used herein, the term McLeod shall refer to McLeod and its successors and assigns and the term Sound Transit shall refer to Sound Transit and its successors and assigns. 47 IN WITNESS WHEREOF, these Easements are executed by the parties, intended to gal be legally bound. as of the date first written above. N MCLEOD MCLEOD DEVELOPMENT COMPANY • Tide: Aee re,dexl STUART M. MCLEOD 5 anal E,d1,11adaComlr IWSaaclmdmcbod 1315A asycocal araemuic -7- X • o • SOUND TRANSIT CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY "/ By Name: Robert K. White Title: - Beben- ICr.-White- "b;,vtioi STATE OF WASHINGTON COUNTY OF KING ) ss. Approved as to Form: On this Aay of November 1998, by fo�wme N Public in and for the State of Washington. personally appeared -3744 r T /'!. ititLeod , personally known to me (or proved to the on the basis of satisfactory evidence) to be the person who executed this instrument, on oath state�hat was authorized to execute the instrument, and acknowledged it as the T/'eSI kt 7 of MCLEOD DEVELOPMENT COMPANY r♦ to be the free and voluntary act and deed of said corporation for the uses and purposes 40 mentioned in the instrument. r4 IN WITNESS WHEREOF, I have he set my hand and official seal the day and in o year first above written. O r4 N • STATE OF Washington COUNTY OF KING e ss. tvvrARY PUBLIC in am i e r t y a o Washington, residing a My appointmeat e sires 71IVfif Print Named _' rAZ, S • On this 5 of of November. 1998, before me, a Notary Public in and for the State of Washington. personally appeared STUART M. MCLEOD, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this &Weal EsireindeNCosomier l.Ndctavdlstoa IMbanponI mermen do: '") -8- AI 25x e G • instrument and acknowledged it to be his free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, 1 have hereunto set my hand and official seal the day and year first above written. • UBLIC in and rrz Washington, residing at �r� . My appointment.= • res ..1/ e Print Name - .' .to 1y STATE OF WASHINGTON ss. COUNTY OF KING ) On this 314 day of November, 1998, before me, a Notary Public in and for the State of Washington, personally appeared j;pbecl K. White, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that hk was authorized to execute the instrument, and acknowledged it as the bethe free and�untary�Ldeed of said corporation REGIONAL r the uses andIT purposesOR1TY to mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and f the S to of Washington, residing at - -- My appointment exppi�res Print Name NoNay Sliest Eamel.drawMe+ Rrrikltoftkleo/ISW=vmd ene.srels I I OVD6 -9- _25) 9S1105196 • • Q • • EXHIBIT A THE MCLEOD PROPERTY LEGAL DESCRIPTION: McLeod's Northern Fee Property: LOT 2 OF COPY OF TUKWILA SHORT PLAT NO. L98 -0007 AS RECORDED UNDER RECORDING NO. 9803129013. RECORDS OF KING COUNTY. WASHINGTON. LEGAL DESCRIPTION: LOT 1: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24. TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.. IN KING, COUNTY. WASHINGTON. LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY. AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE EASTERLY PROLONGATION OF THMONUMENTED CENTERLINE OF SO. 158111 STREET LEGAL DESCRIPTION: LOT 4: ALL THAT PORTION OF GOVERNMENT LOT 11 AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH. RANGE 4 EAST. W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11; ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF THE HENRY MEADER DONATION CLAIM NO. 46 5 veeel Emmet mdarommsse RadWiclentrorked IfM,ecpo[aleauecrcdu II /0195 • -10- 25> • G • Magi TRANSIT CENTER PROPERTY LEGAL DESCRIPTION: LOT 2: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF- WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -0F -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. I58TH STREET. TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 DESCRIBED ABOVE, BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO. 1 GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149 + 25.97 POINT OF TANGENCY "Y" 0+00; THENCE NORTH 87°07'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE 94 OF THE ABOVE DESCRIBED "Y"; c THENCE NORTH 87°08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING; r4 THENCE CONTINUING NORTH 87°08'04" EAST 124.74 FEET TO WESTERLY MARGIN OF 1% UNION PACIFIC RAILROAD RIGHT -OF -WAY; 0 THENCE NORTH 0340'04" EAST ALONG THE WESTERLY RIGHT OF WAY MARGIN TO r4 THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 81-36 SPE RECORDING NO. 8111090569; THENCE SOUTH 87°13'29" WEST 127.45 FEET: THENCE SOUTH 01°26'34" EAST TO THE POINT OF BEGINNING. S:Wd FnW.ItlalCeme RaWAcImMck°d ISMexIN°ol mPIPLIA c MVO �.. Vy •s.rr" •MO dab 25x • • LEGAL DESCRIPTION: LOT 3: ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL EL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGFfT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED: ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRU(.1 CU; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; • EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO. MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; ✓ l THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM; THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A ✓ l DISTANCE OF 80 FEET; O THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN I4 OF SAID CHICAGO, MB- WAUKEE ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; fu4 THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. Si rr EareLkrlcar.w. RaiNk4odYrcboil ISN reciprocal asaco.dm 1 Ii07A* -12- 25,x1 2 • 0 SniIT C 20 FOOT EASEMENT AREA ACROSS THE SOUTH PORTION OF LOT 1 AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER, ACROSS OR UPON THE SOUTH 20 FEET OF THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIOHT-OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT-OF -WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF TH13 NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLThIE OF SO. 1511TH STREET. s Vtnl FiurNtdaComumv ftrNkIaurbskd Ntl=Wool mown deg II /030111 -13- • 0 pXHJ8IT D 20 FOOT EASEMENT AREA ACROSS THE NORTH PORTION OF LOT 2 THE NORTH 20 FEET OF THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST. W.M., IN KING COUNTY. WASHINGTON. LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, NORTH OF THE CTTY OF SEATTLE BOW LAKE PIPELINE RIGHT-OF-WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158T11 STREET. TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLPJM NO. 46 DESCRIBED ABOVE. BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO. 1 GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149 + 25.97 POINT OF TANGENCY "Y" 0+00; THENCE NORTH 87°07'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20 FEET SOUTH OF. MEASURED AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y"; THENCE NORTH 87°08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING; 4•4 THENCE CONTINUING NORTH 87°08'04" EAST 124.74 FEET TO WESTERLY MARGIN OF UNION PACIFIC RAILROAD RIGHT -OF -WAY; THENCE NORTH 03.40'04" EAST ALONG THE WESTERLY RIGHT OF WAY MARGIN TO rl THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY LINE Ill ADJUSTMENT NO. 81-36 SPE RECORDING NO. 8111090569; 0 THENCE SOUTH 87°13'29" WEST 127.45 FEET; 9• THENCE SOUTH 01°26'34" EAST TO THE POINT OF BEGINNING. • s.wn1 trakAL .Can .M. RaiM4.lwofarbad I SM.e. oedespsap* 11A1Nd tip -14- 1 25 X 9811051961 • AFTER RECORDING MAIL TO: Nam, CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AhIma_.. 1100 .SECOND AVE r SITE r.00 Cn lstamc $EA_'1 'L.E 4A 98101 -3423 Document Titlels): for transactions. contained therm) 1. RECIPROCAL PASIIme2T1S FOR IINGMS, 2. EGRESS AND UTILITIES 3. 4. Reference Numberls) of Documents assigned or released: ❑ Additional numbers on page of document Pint Amerieon Title Insurance Company 1J0. S 1ST AM -S t Cho Waltrip. otk moron aar .mrrt Grantor(s): t Ira name fin. then firm tame amt initials, 1. CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY 2. MCLE D DEVEIAPMENT CCE4PANYr A WASHINGTON CORPORATION 3. 4. 5. 0 Additional names on page of document lirantcelsl: ILaa rank fuV. then fin name and tuna's' 1. CENTRAL POGET SOUND REGIONAL TRANSIT AUTHORITY 2, MClmpr STUART M. MCLDOD DEVELOPMENT COMPANY, A WASHINGICN CORPORATION 3. 4. 5. ❑ Additional names on page of document • Abbreviated Legal Description as follows: h.e. IdlMrxk / plat Of sectitmAuwnshiphattge .'yttartedtryartcrl • SECTION 24 TOWNSHIP 23N RANGE 4E SE QUARTER SW QUARTER, • SECTION 25'I *SHIP 23N RANGE 4E NE QUARTER NW QUARTER AND SECTION 25 TOMINSRIP 23N RANGE 4E SE QUARTER NA QUARTER Compkte legal description is on page IN- \ of document ><Assessor's Property 'fax Parcel / Account Number(s): 000580- 0013 -03 AND 252304 - 9006 -05 e NOTE:: l he lom rrf wdrr sr./1 rrlr on the •form on the form. i he stuff will nor read the document to verify the .n. nnr, ...r u.mplrfrne.a of the nidetow ,fi.rnrunon pr.n sdrd hrrein. EXCISE TAX NOT REQUIRED co. RtIGDrds DJ • 1 25X 0 A • o • RECORDING REQIIISIEDEYAND RtRURN ROOMS: Jennifer Belk Canal Puget Sound Regional Transit Authority 1100 Second Ave., Suite 500 Seattle. WA 93101-3423 EASEMENT FOR ACCESS, ROADWAYS, AND UTILITIES (STRANDER BOULEVARD) GRANTOR: STUART M. MCLEOD GRANTEE: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ABBREVIATED LEGAL DPSCRIPPON: (See Page _ for full legal daaiption) ASSESSORS TAX PARCEL NO.: • ^e spiv° 0 0 EASEMENT FOR ACCESS, ROADWAYS, AND UTILITIES (STRANDIER BOULEVARD) This Easement for access, roadways, and utilities (the "Easement ") is granted this 311 day of November, 1998, by STUART M. MCLEOD ( "Grantor") in favor of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority ("Grantee") with reference to the following facts: RECITALS: A. Grantee is the owner of certain real property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit A attached hereto and by this reference incorporated herein (the `Transit Center Property"). Grantee is a regional transit authority, authorized by Chapter 81.104 and 81.112 RCW and a vote of the people to implement a high capacity transportation system. Grantee intends to construct acommuter rail station, parking facilities, and related transit center improve- ments on the Transit Center Property and intends to construct other transit- related improvements throughout the Puget Sound region. B. Grantor is the owner of the property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit B attached hereto ( "Lot 4 "). C. The parties heretofore have entered into a Rea: Estate Purchase and Sale Agreement, dated November3 .1998 in Section 9.2.4 of which, Grantor agreed to • convey a 60 -foot wide roadway easement upon Lot 4 within an area of what would be an easterly extension of Strander Boulevard. more particularly described in Exhibit C (the rj "Easement") for the benefit of the Transit Center Property. Grantee and Grantor desire to ® set forth herein their agreement with respect to the Easement and the terms and condi- • tions for the use and enjoyment thereof. 4=I NOW. THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals Incorporated. Each recital set forth above is incorporated into these Easements as though fully set forth herein. 2. Grant of Easement. Grantor does hereby make, declare. sell. transfer. convey, warrant and establish a 60 -foot wide perpetual, non-exclusive easement through and over Lot 4.200 feet easterly from the Union Pacific Railroad Right of Way within reserved Strander Boulevard Extension. in the Easement Area more particularly described in Exhibit C, for the benefit of the Transit Center Property and for the benefit of Grantee and Grantee's agents, officers, employees, tenants and invitees for the purpose of Grantee's construction, maintenance, and use of a shared access roadway (to be used by Grantor and Grantee) to provide vehicular and pedestrian ingress to and egress from Grantee's commuter rail station, transit facilities, parking facilities, and related improve- ments and to Grantor's facilities on Lot 4 at all times. The shared access roadway shall 25x 0 personal services, when telecopied or when mailed by United States mail, express, certified or registered, postage prepaid, or by a nationally recognized ovemight delivery service, charges prepaid, addresses as follows: If to Grantor : With a copy to: If to Grantee : Stuart M. McLeod 213 Lake Street South Kirkland, Washington 98033 James A. Greenfield Davis Wright Tremaine 2600 Century Square 1501 Fourth Avenue Seattle. Washington 98101 -1688 Central Puget Sound Regional Transit Authority 1100 Second Avenue, Suite 500 Seattle, Washington 98101 Attn: Jeri Cranney, Division Manager, Real Estate Facsimile No. (206) 689 -3526 With a copy to: Central Puget Sound Regional Transit Authority 1100 Second Avenue, Suite 500 Seattle, Washington 98101 Attn: Legal Counsel 0 Facsimile No. (206) 694 -1940 gAll notices so telecopied shall be deemed delivered upon transmission thereof and all In notices so mailed shall be deemed received on the date which is 24 hours after delivery to G the overnight delivery service by the sender, or if placed in the United States mails. on r4 the date of the return receipt or. if delivery of such United States mail is refused or cannot l" f be accomplished, 48 hours after deposit in the United States mails. Either party may Echange its address for the purpose of this Section by giving ten (10) days advance written notice of such change to the other party in the manner provided in this Section. 8. Amendme t. This Easement may not be modified, amended or terminated without the prior written approval of the then owners of the land which is benefited or burdened by the provisions of any amendment to this Easement. 9. Waiver. No waiver or any of the provisions of this Easement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instances to which it relates and shall not be deemed to be a continuing or future waiver. 10. Captions. The captions and paragraph headings contained in this Ease- ment are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of tais Easement, nor the intent of any provision hereof. • • 25> 9811051960 • • 11. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Washington. 12. Miscellaneous. A. The Easement granted hereby is solely for the benefit of, and are intended to constitute easements appurtenant to the benefited property and are not assignable by the owner of such property to any other person except in connection with the sale, trans- fer, conveyance, encumbrance or assignment of the benefited property. The Easement granted hereby, and the rights, duties, restrictions, limitations and obligations herein created, shall nm with the land, shall burden the encumbered property and shall benefit the benefited property and shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, mortgagees and sublessees and each and every person who shall at any time have a fee. leasehold. mortgage or other interest in any part of the Transit Center Property or Lot 4. B. As used herein, the term "Grantee" shall refer to Grantee and its successors and assigns and the term "Grantor" shall refer to Grantor and its successors and assigns. IN WITNESS WHEREOF. this Easement is executed by the parties, intended to be legally bound, as of the date first written above. GRANTOR STUART M. MCLEOD GRANTEE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY By Name: ROBERT K. WHITE Tide: Executive Director Approved as to Form: i 25) 0 • STATE OF WASHINGTON COUNTY OF KING e On this -6 day of November. 1998, before me, a Notary Public in and for the State of Washington, personally appeared STUART M. MCLEOD. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be his free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF. I have hereunto set rpky hand and official seal the day and year first above written. STATE OF WASHINGTON ss COUNTY OF KING udu,'c.detJ L1C in Washington, residing My appoutmeeu Prim Name Vt., On this j 4day of November, 1998, before me, a Notary Public in and for the Stare of Washington, personally appeared Robert LjEttg, personally known to me (or proved to me on the basis O of satisfactory evidence) to be the person who executed this instrument. on oath stated the he was authorized to execute the instrument. and acknowledged it as the BaroaAlve IHreeror of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to be the free and voluntary act and deed amid N corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF,1 have hereunto set my hand and official seal the day and year first • above written. NOT�LIC in and for State of ,.,<:i VK ti Washington, residing at ��!! ♦ rta G,' My appointment expires S JAW X .Vr* . a• VO i Print Name 'AMC./ tf • %L. l:W wa or s Y 'VW* p i • • ,r„�,,.,.._ • 25 X • w EXHIBIT A (Transit Center Property) LOT Z: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY. EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 DESCRIBED ABOVE, BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO. 1 GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149 + 25.97 POINT OF TANGENCY 0►00; THENCE NORTH 87 °07'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY; O THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20 FEET SOUTH OF. MEASURED AT RIGHT ANGLES TO THE rl EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y"; 1/3 THENCE NORTH 87 °08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET • SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING; ✓ f ✓ l THENCE CONTINUING NORTH 87 °08'04" EAST 124.74 FEET TO WESTERLY A MARGIN OF UNION PACIFIC RAILROAD RIGHT -OF -WAY: THENCE NORTH 03 °40'04" EAST ALONG THE WESTERLY RIGHT OF WAY MARGIN TO THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 81-36 SPE RECORDING NO. 8111090569; THENCE SOUTH 87 °13'29" WEST 127.45 FEET; THENCE SOUTH 01 °26'34" EAST TO THE POINT OF BEGINNING. 0 LOT 3 ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: IJ 25 x • w • • ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM: ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM; THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF 80 FEET; C THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; 14 THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE G POINT OF BEGINNING. rf 14 • w • EXHIBIT B (Lot 4) LOT 4: • ALL THAT PORTION OF GOVERNMENT LOT 11 AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AIL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.. BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11; ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF THE HENRY O MEADER DONATION CLAIM NO. 46 O A 0 • - • (Strander Easement Area) 60' EASEMENT ACROSS THE WEST 200' OF PROPOSED LOT 4 AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER, ACROSS OR UPON THE NORTH 60 FEET OF THE WEST 200 FEET OF ALL THAT PORTION OF GOVERNMENT LOT 11 AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; • ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID '4 GOVERNMENT LOT 11; U ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 15(' • FEET SOU fHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF THE HENRY 14 MEADER DONATION CLAIM NO. 46. �s1ti �6,1� -c:y 25x 9S11051960 • 0 • AFTER RECORDING MAIL TO: Name CENTRAL PIIGET SCUM REGIONAL TRANSIT AUTHORITY Address 1100 SECOND AVE. SUITE 500 Coy Maw —SYATJ 164 - -98101423--- -- ---- Document Tille(sl: for tran.action+r ntaine therein) 1. EASEMENT FOR ACCESS, ROADMAYS AND L UTILITIES 3. 4. Reference Number(s) of Documents assigned or released: ❑ Additional numbers on page _ of document (;rantor(s): (last name first. then first name and initials) 1. ICI, STUART M. 2. 4. 5. ❑ Additional names on page _ of document Fin, American Title Insurance Company 1ST AM -S (Shia rpm- for tint, nmpany rue only) (:ranteels): t tau name first, then first tame and initials) 1' CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY a. 5. ❑ Additional names on page of document `Abbreviated Legal Description as follows: (i.e. lotltrinck/plal of u:ctio /towtuhip/ranec/quarter /quarter) SMCTION 24 TKARISHIP 23N RANGE 4E SE QUARTER SW QUARTER, ° SECTION 24 TOWNSHIP 23N RANGE 4E NE QUARTER NW QUARTER AND g SELTICN 25 TOWNSHIP 23N RANGE 4E SE QIAR'PER NM QUARTER. Mi f7' Complete legal description is on page ` •k of document .ssessor's Property Tai Parcel / Account Number(s): g 000580- 0013 -03 M1 252304- 9006 -05 S I_NOTE: l hr audttulret order will rely on the information on the farm The staff will n•4 read the document to verify the an I tom v or r omplrft nr. r1 the utrlrting Information praytded herein. T. EXCISE TAX NOT REQUIRED g Co. Reglyds DbdBion • 25XI 9811051959 in AVI lr;l kac)KIan j M, TO: Nnmc_-.. DAVIS_WRIGHT- TREMAINE. LLP.. .. _..-- -.-• . 2600 CENTURY SQUARE, 1504 FOURTH AVE Address city /S";r, SEATTLE, WA 98101 -1688 I)(1ctinenl 'fillets): for uanvacliom couurincd Ihrrcinl 1. EASEMENT'S FOR STORM SEWER, GAS, 2. ELECTRICITY AND TELECOMMUNICATIONS 3. UTILITIES AND FOR WATFR SUPPLY AND 4. SANITARY SEWER UI'1.LITTCS Reference Numbcrls1 ul' Documents assigned or released: ❑ Additional nunllx rs on page __.._.._ of document Grantor-0;1: ti As' nnmr lira. Then mi.' mime: id initi:dsl First American Title Insurance Company o . 2-D11 a. a-- 1ST AM -S I flu, aprur /,, •• riff (.n pnnr rr■r War) CF TTRAI• PAGE. SOUND RPOTONAI. TRANSIT AUTHORITY 4. 5. ❑ Additional names on page .- - -- of document l ir:illtects): (1.aa1 n:nnr IiisI. then Is Hal a and mitiahl I. MCLEOD, s'I'UNYr M. 2. MCI.EOD DEVELOPMENT COMPANY, A WASHINGTON CORPORATION .1. 4. 5. ❑ : \ddiliunal mules nn Ih-•I C _ of document Abbreviated Legal Description as fnlloos: Ii r•. ha /hb,r 1, /I I:n r.r, Iron /n,,. mhih /ranee /yrratl (.r/•pranfrl SECTION 24 TCWNSiIIP 23N RANGE 4E SE QUARTER SW QUARTER, SECTION 25 TOWNSHIP 23N RANGE 4E NE QUARTEII NW QUARTER AND SECTION 25. 'TOWNSHIP 23N RANGE 4E SE QUARTER NW QUARTER. (Jd (',fnytlete legal description is oil page tr)- -t te tit. document Assessor's Property Tax Parcel / Account Numberls): 000580- 0013 -03 AND 252304 - 9006 -05 NI Ill•:: Ow mn 1,,. , r, 1 fell r fl,' nn rhr nfr•r ur.nnrrr r n rHr /r o nr. 11,.• nr /f a i/1 nnl rr rJ rhr dnrurnrnl In rrri/i- the .rrrurrrr r rn rr•nn•Irhvrr., .if the filar, inC tale unrrrrr.rn pr■nrided lrrrrin. F1E l•.'iWED r•g co F;,cords U'i• cion eputy 9811051959 2 RECORDING REQUESTED BY AND RETURN ADDRESS: James A. Greenfield Davis Wright Trcmainc LLP 2600 Ccntury Squarc 1504 Fourth Avenuc Seattle, WA 98101 -1688 EASEMENTS FOR STORM SEWER, GAS, ELECTRICITY AND TELECOMMUNICATIONS UTILITIES AND FOR WATER SUPPLY AND SANITARY SEWER UTILITIES GRANTOR: CEN'IRAL PUGET SOUND REGIONAL TRANSIT AUTI IORI'IY GRANTEES: STUART M. MCLEOD MCLEOD DEVELOPMENT COMPANY ARRREVIA I I I) 1.EGAI. DESCRIPTION: (See Page for lull legal description) ASSESSORS TAX PARCEL NO.: EASEMENTS FOR STORM SEWER, GAS, ELECTRICITY AND TELECOMMUNICATIONS UTILITIES AND FOR WATER SUPPLY AND SANITARY SEWER UTILITIES These Easements for storm sewer, gas. electricity and telecommunications utilities and for water supply and sanitary sewer utilities (the "Easements" or indivi- dually, the "Easement ") arc granted this 3a day of November. 1998. by CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority ( "Grantor ") in favor of STUART M. MCLEOD, an unmarried individual and MCLEOD DEVELOPMENT COMPANY, a Washington corporation (collectively, "Grantee ") with reference to the following facts: RECITALS: A. Grantor is the owner of certain real property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit A attached hereto and by this reference incorporated herein (the "Transit Center Property "). Grantor is a regional transit authority, authorized by Chapter 81.104 and 81.112 RCW and a vote of the.people to implement a high capacity transportation system. Grantor intends to con- struct a commuter rail station. parking facilities, and related transit center improvements on the Transit Center Property and intends to construct other transit - related improve- ments throughout the Puget Sound region. 0) B. Grantee is the owner of the property located in the city of Tukwila. King 0') County, Washington legally described and depicted in Exhibit B attached hereto ( "Lot 4 ", rl "Lot I" and "McLeod's Northern Fee Property ". collectively, "McLeod's Property "). L/, 0 C. The parties heretofore have entered into a Real Estate Purchase and Sale ti Agreement. dated November, 1998 in Sections 7.2. 7.3 and 7.4 of which. Grantor al agreed to convey certain casements (the "Easements ") for installation and maintenance of utilities for the benefit of Lot 4 or for the benefit oI' Lot 1 and McLeod•s Northern fee Property. Grantee and Grantor desire to set forth herein their agreement with respect to the Easements and the terms an.t conditions for the use and enjoyment thereof. NOW. TIIERF.FORE, for valuable consideration. the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Rcci(als lncurpor_tcd. F.ach recital set forth above is incorporated into these Easements as though fully set forth herein. 2. Grant of Storm Sewer, Gas, Electricity and Telecommunications Easement Benefiting Lot 4. Grantor does hereby make. declare. sell. transfer, convey, warrant and establish a 1 5-foot wide perpetual non- exclusive easement through. under and over the Transit Center Property, along the eastern edge of such property for the benefit of Lot 4 in the Easement Area described on Exhibit C attached hereto and for the benefit of 9811051959 Grantee and Grantee's agents. officers, employees, tenants and invitees for the purpose of construction, maintenance, and use of facilities and related improvements at all times. 3. Grant of Water Supply and Sanitary Sewer Easement Benefiting Lot 4. Grantor does hereby make, declare, sell, transfer, convey, warrant and establish a 20 -foot wide perpetual non - exclusive easement through, under and over the Transit Center Property, along the western edge of such property in the Easement Area described on Exhibit D attached hereto for the benefit ofl.ot 4 and for the benefit of Grantee and Grantee's agents, officers. employees, tenants and invitees for the purpose of construc- tion, maintenance, and use of facilities and related improvements at all times. 4. Grant of Sanitary Sewer Easement Benefiting Lot 1 and McLeod's Northern Fee Property. Grantor does hereby make, declare, sell, transfer, convey, warrant and establish an easement 10 feet in width upon a portion of Lot 2 in the Easement Area described on Exhibit E attached hereto for sanitary sewer purposes benefiting Lot I and McLeod's Northern Fee Property and for the benefit of Grantee and Grantee's agents, officers, employees, tenants and invitees for the purpose of constnrction, maintenance, and use of facilities and related improvements at all times, including the non - exclusive right to use the existing sanitary sewer facilities located therein. Grantor shall construct, at Grantor's expense, an extension and expansion of such facilities to a 6 -inch pressure sanitary sewer line upon a portion of Lot 2 and Lot I extending to twenty -five feet north of Lot 2 to serve and with capacity to accommodate Grantee's development of Lot I and McLeod's Northern Fee Property. Grantor and its successors may also use such sanitary sewer line. Grantor shall have the right to enter upon Lot I for the purpose of performing its obligations hereunder. 5. Maintenance Grantor and Grantee agree to maintain such portions of such jointly used Water. storm sewer and sanitary facilities described in these Easements as arc located on their respective property at their own expense. Grantor and Grantee also agree to maintain such other utility facilities described in these Easement not used by the other party at their own expense. The parties also agree to cooperate with each other in the provision of such maintenance activities. including but not limited to. restoring the condition of the other party's property following utility maintenance. and indemnifying and holding harmless the other party from any and all claims. losses. and damages to the extent arising from the indemnifying party's maintenance activities upon the other party's property. 6. Binding Effect. The covenants and agreements set forth in these Ease- ments shall he covenants running with the laird. Stich covenants shall he binding upon, and inure for the benefit of the parties hereto and their respective successors and assigns. The Easements granted hereby shall have priority over any and all liens. encumbrances or other interests in the encumbered property, and shall survive transfer of the fee ownership of. or any leasehold estate in. the encumbered property. 6. Recording. These Easements shall he recorded in the real property records of King County, Washington. 9811051959 7. Costs and Attorneys' Fees. The parties hereto agree that in the event it • becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants, agreements and/or conditions of these Easements, it is understood and agreed that the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended in connection there- with, including, but not limited to. reasonable attorney's fees (including paralegal fees and fees for any appeals) and court costs. 8. Notices. Any and all notices or other communications required to per- mitted by these Easements or by law to be delivered to. served on or given to eithcr party to these Easements by the other party to these Easements. shall be in writing and shall he deemed properly delivered, given or served when personally delivered to such party, or in lieu of personal services, when telecopied or when mailed by United States mail, express, certified or registered, postage prepaid, or by a nationally recognized overnight delivery service, charges prepaid. addresses as follows: If to Grantee : With a copy to: If to Grantor : With a copy to: Stuart M. McLeod McLcod Development Company 213 Lake Street South Kirkland, Washington 98033 James A. Greenfield Davis Wright Tremaine 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101 -1688 Central Puget Sound Regional Transit Authority 1 100 Second Avenue, Suite 500 Seattle, Washington 98101 Attn: Jeri Cranney, Division Manager. Real Estate Facsimile No. (206) 689 -3526 Central Puget Sound Regional Transit Authority 1 100 Second Avenue, Suite 500 Seattle, Washington 98101 Attn: Legal Counsel Facsimile No. (206) 694 -1940 All notices so telecopied shall he deemed delivered upon transmission thereof and all notices so mailed shall he deemed received on the date which is 24 hours after delivery to the overnight delivery service by the sender, or if placed in the United States mails. on the date of the return receipt or. if delivery of such United States mail is refused or cannot he accomplished, 48 hours after deposit in the United States mails. Either party may • 9911051959 TO T: FIRS! y MGI1nAt11 NOV 51998 change its address for the purpose of this Section by giving ten (10) days advance written notice of such change to the other party in the manner provided in this Section. 9. Amendment. These Easements may not be modified, amended or terminated without the prior written approval of the then owners of the land which is benefited or burdened by the provisions of any amendment to these Easements. 10. Waiver. No waiver or any of the provisions of these Easements shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instances to which it relates and shall not he deemed to he a continuing or future waiver. 1 1 . Captions. The captions and paragraph headings contained in these Ease- ments are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of these Easements, nor the intent of any provision hereof. 12. Governing Law. These Easements shall he governed by and construed in accordance with the laws of the State of Washington. 13. Miscellaneous. A. The Easements granted (hereby are solely for the benefit of, and are intended to constitute casements appurtenant to the henefited property and are not assignable by the owner of such property to any other person except in connection with the sale, transfer. conveyance, encumbrance or assignment of the henefited property. The Easements granted hereby, and the rights, dirties, restrictions. limitations and obligations herein created. shall run with the land, shall burden the encumbered property and shall benefit the henefited property and shall be binding upon and inure to the benefit of the patties hereto and their respective successors. assigns. mortgagees and sublessees and each and every person who shall at any time have a fee. leasehold. mortgage or other interest in any part of the'I'ransit Center Property or McLeod's Property. R. As used herein. the term "Grantee- shall refer to Grantee and its successors and assigns and the term "Grantor" shall refer to Grantor and its successors and assigns. 9911051959 IN WITNESS WI IF.RFOF, these Easements arc executed by the parties, intended to be legally bound, as of the date first written above. GRANTEE: GRANTOR STUART MCLEOD MCLEOD DEVELOPMENT CO ` ANY By Name: STUART M. Title: .e s/..o 7' CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY By Name: ROBERT K. WHITE Title: Executive Director Approved as to Form: STATE OF WASHINGTON ) ss. COUNTY OF KING] ► On this day of November, I998, before Inc. a Notary Puhlic in and for the State of Washington. personally appeared STUART M. MCLEOD, personally known to me (or proved to me on the basis of satisfactory evidence) to hc the person who executed this instrument and acknowlcdgcd it to hc his frcc and voluntary act and dccd for thc uses and purposes mentioned in thc instrument. IN WITNESS WHEREOF. I have hereunto sego' hand and official scat the day and year first ahovc written. STATE OF WASHINGTON ) ss. COUNTY OF KING ) On ts personally of Novcn ph-, 1998, hcforq inc.;i teary Puhlic in and for the State of P • Washington. cared JTl1 a f 1J Le / personally known to me (or roved to me 0 the basis of satisfactory evidence) to he the person who executed this instrument. on oath stated thatt as authogtzed to ccutc the instrument, and acknowledged it as the P Si c /0-) 7 of MCI.POD DEVELOPMENT COMPANY to he the free and voluntary act and decd of said corporation for the uses and purposes mentioned in the instrument. (9 J) (h () NOTARY PUBLIC in and for the State Washington, residing at My appointmc exxpi)r s Print Name IN WITNESS WIIFRFOF. I have hereunto set t hand and official seal the day and year first above written. NOTARY PUBLIC in and r the S ztg gf Washington, residing at My appointtnent -oxpir . Print Name \)CX J7,-(71 ' c 9911051959 STATE OF WASHINGTON ) ss. COUNTY OF KING On this dice day of November. 1998, before mc. a Notary Public in and for thc State of Washington, personally appeared Robert K. White, personally known to me (or pmvcd to me on the basis of satisfactory evidence) to he the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Executive Director of CENTRAL PUGET SOUND REGIONAL. TRANSIT AUTHORITY to be thc fret and voluntary act and decd of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF. 1 have hereunto set my hand and official seal thc day and year first above written. p % 4,1 a. p Plie0 t. • NOTAR UI3LIC in and for t c State of Washington. residing at My appointment expires 5- AJ Print Namc cRit ■ 72e.,,(-Saeialow/ 9811051959 EXHIBIT A TRANSIT CENTER PROPERTY LOT 2 THAT PORTION OFTIIF, HENRY MEADF.R DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY. WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGFIT -OF -WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 DESCRIBED ABOVE. BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO. I GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149 + 25.97 POINT OF TANGENCY "Y" 0 +00: THENCE NORTH 87 °07'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY: THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y ": THENCE NORTH 87'08'04" EAST 100 FEET "1'O EASTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING: THENCE CONTINUING NORTH 87 °08'04" EAST 124.74. FEET TO WESTERLY MARGIN OF UNION PACIFIC RAILROAD RIGHT -OF -WAY: THENCE NORTH 03 °40'04" EAST ALONG THE WESTERLY RIGHT OF WAY MARGIN TO THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY -OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 81 -36 SPE RECORDING NO. 8111090569: THENCE SOUTH 87 °13'29" WEST 127.45 FEET: THENCE SOUTH 01°26'34" EAST TO THE POINT OF BEGINNING. LOT 3 ALL THAT PORTION OF GOVERNMENT LOT I I AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NOR"I'IIWEST QUARTER ALL SITUATED IN SECTION 25. TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M.. BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO. MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED: 9811051959 ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT TIIAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM; THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF R0 FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. 9811051959 EXHIBIT B MCLEOD PROPERTY LOT 4 ALL THAT PORTION OF GOVERNMENT I.OT 11 AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25. TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED: ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT II: ON TIIE NOR'I'II BY A LINE DRAWN PARALLEL will AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF THE HENRY MEADER DONATION CLAIM NO. 46 LOT I TFIAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., IN KING COUNTY. WASHINGTON. LYING WEST OF TIIE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY. EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERI.INE OF SO. 158TH STREET. MCLEOD'S NORTHERN FEE PROPERTY LOT 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS RECORDED UNDER RECORDING NO. 9803129013. RECORDS OF KING COUNTY, WASHINGTON. 9811051959 EXHIBIT C EASEMENT AREA FOR STORM SEWER, GAS, ELECTRICITY AND TELECOMMUNICATIONS EASEMENT IIENEFFrI'IN(: LOT 4 LOT 2 THE EAST 15 FEET OF THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASIIIN( ;TON, LYING WEST OFTFIE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY. EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF- WAY. NORTI1 OF TFIF. CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY. AND SOUTH OF TI IE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TF1 STREET. LOT 3 THE. EAST 15 FEET OF ALL THAT PORTION OF GOVERNMENT LOT I I AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 FAST, W.M., BOUNDED AS FOLLOWS: ON TIII? WEST BY A LINE DRAWN PARALLEL WITII AND DISTANT43 FEET EASTERLY MEASURED AT RIGHT ANGLES T() THE CHICAGO. MILWAUKEE AND S'1'. PA(ll. RAILWAY MAIN TRACT CENTERLINE. AS LOCATED AND CONSTRtJC1'F:I); ON TI IE EAST I3Y A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY:S OLI) MAIN LINE TRACK CENTERLINE. AS NOW LOCATED AND CONSTRUCTED: ON TFIF SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOFITI II:RLY AT RIGHT ANGLES TO THE SOUTII LINE OF SAID DONATION CLAIM ON TI II: Nola!! BY Ti IE SOUTI I MARGIN OF TI IE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY. AS CONVEYED TO TFIF. CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067: EXCEPT TIIA r PORTION THEREOF, DESCRIBED AS FOLLOWS: BIi(iINNING AT A POINT ON THE SOUTH LINE. OF SAID DONATION CLAIM ANI) 'I'I lI:I ?AST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY: THENCE. EASTERLY A DISTANCE OF 120 FFF:f ALONG SAID SOUTH LINE OF SAID DONATION CLAIM: 'THENCE NORTI!EASTERLY MF.ASI!RED AT RIGHT ANGLES TO SAID SOUTH LINT; A DISTANCI: OF SO FEET: TIIENCE WESTERLY PARALLEL WITH SAID SMITH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO. MILWAUKEE. ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; TIIFNCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. 9811051959 EXHIBIT D EASEMENT AREA FOR WATER SUPPLY AND SANI'T'ARY SEWER EASEMENT BENEFITTING LOT 4 LOT 3 AN EASEMENT FOR WATER AND SEWER LINES AND APPURTENANCES OVER, UNDER, ACROSS OR UPON THAT PORTION OF THE HEREIN DESCRIBED MAIN TRACT BEING A 20 FOOT WIDE STRIP OF LAND HAVING 10 FEET OF SAID WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID MAIN TRACT; TIIENCE S87" I3'32 "E ALONG TIIE NORTI I LINE TI IEREOF 10.00 FEET TO TI IE POINT OF BEGINNING FOR SAID CENTERLINE; THENCE S03 °37'43 "W PARALLEL TO AND 10 FEET EASTERLY OF THE WEST LINE OF SAID MAIN TRACT, WHEN MEASURED AT RIGHT ANGLES, 192.37 FEET TO A POINT OF CURVE TO THE LEFT; THENCE SOUTHERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 6,827.00 FEET THROUGH A CENTRAL ANGLE OF 00°49'10", AN ARC LENGTH OF 97.65 FEET TO A LINE WHICH IS PARALLEL TO AND 10 FEET NORTHERLY OF THE NORTH LINE OF THE NELSON SUBSTATION AS EXCEPTED OUT OF SAID MAIN TRACT. WHEN MEASURED AT RIGHT ANGLES; THENCE S87 °13'32 "E ALONG SAID PARALLEL LINE 120.54 FEET; THENCE S02 °46'28 "W ALONG THE PROLONGATION OF A LINE WHICH IS PARALLEL TO AND 10 FEET EASTERLY OF THE EAST LINE OF SAID NELSON SUBSTATION WHEN MEASURED AT RIGHT ANGLES. 240.00 FEET TO THE SOUTH LINE OF SAID MAIN TRACT AND THE TERMINUS OF SAID CENTERLINE. MAIN TRACT LEGAL DESCRIPTION ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO: 46 IN TI 1E NORTFI HALF OF TIIE NORTHWEST Q(TARTER ALL SITUATED IN SECTION 25. TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTR(JCTF.D: ON TFIE EAST BY A I.INF, DRAWN PARALLEL WITH ANT) DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTIIERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED: ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEAT 1'LE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF TI IF, CHICAGO. MILWAUKEE. ST. PAUI. AND PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUI'il LINE OF SAID DONATION CLAIM; TIIFNf NoRTI WASTER I.Y WASI [RFD AT R Ira IT A NGI Fs if) SAID Sr), I'f1I LINE A 11IS'I'AN('1'. (11' MS() 1'I..I'.I ; THEN( THENcE WESTERLY 1'ARAI.I.E.1. WI'I'II snip s( 11 I.INIYi() snip I!A`:II'.I!(.Y MARGIN OE SAIL) CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGFIT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. 9811051959 EXHIBIT E EASEMENT AREA FOR SANITARY SEWER EASEMENT BENEFITFINC - LOT I AND MCLEOD'S NORTHERN FEE PROPERTY LOT 2 THE EAST 10 FEET OF THE WEST 20 FEET OF THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF TI IE BURLINGTON NORTI IERN RAILROAD RIGIIT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT - OF -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF- WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. 9811051959 V AFTER RECORDING MAIL 1'0: CENTRAL PUGET SOUND REGIONAL TRANSIT Name— HpRi —1y.._ ... Address 1 U SERD AVENUE, SUITE 500 City /Slate SEATTLE, WA 98101 RECEIVED JUN 0 8 1999 COMMUNITY DEVELOPMENT Quit Claim Deed 111E GRANTOR JAMES R. NELSEN AND LOREN S. GO In FROIIMUTII, AS PERSONAL REPRESENTATIVES OF CD THE ESTATE OF HELEN B. NELSEN, DECEASED, for and in considcr.aion of THREAT OF CONDEMNATION In WAC 11458- 61- 420(1C) O 1i ri 0) u 1,3 V1 ** conveys and quit claims to CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, A REGIONAL TRANSIT AUTHORITY OF TIIE STATE OF WASHINGTON the following described real estate., situated in Ilrc County of together with all alter acquired title of the granlor(s) Therein: LEGAL DESCRIPTION AND- SUBJEGT'TO-PERMIT7'ED EXCEPTIONS ATTACHED HERETO AS EXHIBIT "A" AND BY THIS REFERENCE MADE APART HEREOF: First American Title eTC Insurance Company 3 '777 / - !ST AM-S (Ills s/mrr fnr,i,/r rnmpnnc rnr .rnh'1 KING Slate of Washington. **KING CO. PROBATE NO. 96 -4- 02563 -9 Assessor's Prohcrly'I'as Parcel /Account Numhcr(sl: SECTION 24 TOWNSHIP 23 N RANGE 4 SECTION 25,TOWNSHIP 23 N RANGE 4 paled NOVEMBER j .19 98 1.141-12(H/961 /961 000580- 0013 -03 PTN E SE QUARTER SW QUARTER E SE QUARTER NE QUARTER nnr.46.4 Jlyh $., /,.L9EL EN, PERSONAL REPRESENTATIVE OIIMUT11, PERSONAL REPRESENTATIVE By E1640535 11/05/90 -00 .00 • 9811051958 i • - STAMM. wASIIING ION, 1 ACKNOWLEDGMENT - Representative Capacity ss (• Iv oI KING t t oil, Ilost I Loon.... 1Ln e smi .1 • tots to id. nee that JAMES R. NELSEN AND LOREN S. FROEIMU'Ill is IN. low ow. :um peisolo at &monk •Igtal that lit /she sitYnctl IIui in...Intim M. on omit st.tiell that IteAls. was i/rtho eseettle 11. i.o”mu-01 400 a. low•Aoliqd is the PERSONAL REPRESENTATIVES THE ESTATE OF HELEN B. NELSEN, DECEASED 10 Is the 101. :001 ,01001:11 5:01 01 •.01•11 1,0 iy 110 illt. juuuipu ..... uuiiuuiuuuuuultui 111C 110.101111C111. OVEN - let my Itatal and ollicial seal this 4)&1 yof NOVEMBER .••• • ,,„,• 1 „ i;„. iiiii .• / id0110"0/ My appointment espite% ) • dated _ This ittrat is page of And is attached 10 _ 1198 9811051958 EXHIBIT "A" LOT 2 . THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY EAST OF THE UNION PACIFIC RAILOAD RIGHT -OF- WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SOUTH 158TH STREET. TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. • 46 DESCRIBED ABOVE, BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWY NO. L GREEN RIVER INTERCHANGE AT HIGHW ENGINEERING STATION 2M 149 +25.97 POINT OF TANGENCY "Y" OF00; THENCE NORTH 87 °07'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y "; THENCE NORTH 87 °08'04" EAST L00 FEET TO EASTERLY 14ARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87 °08'04" EAST 124.74 'FEET TO WESTERLY MARGIN OF UNION PACIFIC RAILROAD RIGHT -OF -WAY; THENCE NORTH 03 °40'04" EAST ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 81 -36 SPE RECORDING NO. 8111090569; THENCE SOUTH 87 °13'29" WEST 127.45 FEET; THENCE SOUTH 01 °26'34" EAST TO 'THE POINT OF BEGINNING. • 9811051957 After Filing Return" To: Jennifer Belk Central Puget Sound Regional 'transit Authority 1 100 Second Ave.. Suite 500 Seattle, WA 98101 -3423 Grantor(s): 1. 2. RECEIVED JUN 0 8 1999 • COMMUNITY DEVELOPMENT STATltl'ORY WARRANTY DEED STl IAR'I' M. M('I.FOD, AN UNMARRIED MAN MCI .l OI) I)l VFI.OPMENT COMPANY. A WAS'I(NGTON CORPORATION V 37%1 ZZ—S of document 1ST AM —S ❑ Additional names on page ( ;rantec(s): I. ('FN IRA!. I'I IGH. sot INl) RE(iIONAI. TRANSIT AUTHORITY ❑ Additional names on pate of document Abbreviated Legal Description (lot, block and plat name, or section - township- range): A PORTION OF GOVERNMENT LOT 11 AND A PORTION OF HENRY ME1 \I)l R DONATION CLAIM NO. 46 OF SECTIONS 24 AND 25, TOWNS1111' 23 NORT11, RANGE 4 LAST, \V M.. IN KING ('01INTY, WASII(NGTON ❑ Additional legal description is on page 3 of document Assessor's Property Tax Parcel Account Nunlhcr(s): 252304 - 9006 -05 000580 - 0013 -03 Reference Numbers of Documents Assigned or Released (if applicable,: ❑ Additional reference numbers on page of document Et648 34 1 t/ 05 /9f; -00 4ti Cr) Name: Stuart M. Mc ' od • r-I O r-i MCLEOD DI VFLOI'Ml: '1 COMPANY r. I3y L.)4. STATUTORY WARRANTY DF,ED TI IE (iRANTORS, STUART M. MCLEO[). an unmarried man for and in consideration of threat of-condemnation and other good and valuable consideration in hand paid, conveys and warrants to CENTRAL PUGET SOUND REGIONAL TRANSIT AtJTI IORITY, dba SOl IND TRANSIT. a Washington regional transit authority, the real estate described as Lot 3 in attached Exhibit A, situated in the County of King, State of Washington. 'subject only to those Permitted Exceptions listed in Exhibit 13. and MC'LEOD DEVELOPMENT COMPANY, a Washington corporation, for and in consideration of threat of condemnation and other good and valuable consideration in hand paid, conveys and warrants to CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, dba SOUND TRANSIT, a Washington regional transit authority. the real estate described as Lot 2 in attached Exhibit A, situated in the County of King, State of Washington, subject only to those Permitted Exceptions listed in Exhibit [3. DATED: November-571998 GRANTORS: STUART M. MCI,1 OD Its Title: \ \SEA AHII(11'11111 A'S\I R N. S!1,RISI:IN04)11,V;M.Ix 5' ScolUc 9811051957 STATE OF WASI LING rON COUNTY OF-KING On this 3 day of November, 1998, before me, a Notary Public in and for the State of Washington, personally appeared STUART M. MCLEOI), personally known to me (or proved to me on the basis of satisfactory 'evidence) to be the person who executed this instrument and acknowledged it to he his free and voluntary act and deed for the uses and purposcs mentioned in the instrument. IN WITNESS WI IEREOF, I have hereunto set my hand and official seal the day and year first above written. MU'I ARY PUIII,IC. in and r tl 't c of Washington, residing at My appointmeat-exp1r s Print Namc'%(".y STATE OF WASI IIN(i'ION COUNTY OF KING , ) On this`d day oI' November, 199 . befit sc me. a No ary y'uhlic in and Ibr the - Slate of Washington. personally appeared, ii - / /ii. //y . personally known to me (or proved to me on the basis )fsatisfactory evidence) to he the person who executed this instrument. on oath slat - that was authorized to execute the instrument, and acknowledged it as the r. ' t' of MCI.WI) DEVELOPMENT COMPANY to he the free and voluntary act and deed of "said corporation for the uses and purposes mentioned in the instrument. IN VIINF.SS WI IFRI {OF. I have herein set my hand and official sell the day and year first above written. ' SIFA AI111 lr1'1\INK'S\IxK'S\GItI :11\arol 1.\t T1.1 K K' Seattle 4dO" i R '11131.IC in and, the Sta e of Washington. residing at My appointtru. t expires Print Name` �c /CJ 9811051957 Ex11113rr A McLeod Development Company's (:round Lessee interest under the Ground Lease by and between Ilelen li. Nelsen and McLeod Development Company dated March 12, 1990, and recorded under King County Department of Records and Elections No. 19504I241Zt15` n the following: LOT 2: THAT PORTION OF .1.11E HENRY MEADER DONATION CLAIM NO. 46 AND 01: SECTIONS 24 AND 25. TOWNSI Ill' 23 NORTH. RANGE 4 EAST. W.M.. IN KING COUNTY, WASIIINGTON. I.YIN(; WEST OF THE I3URI.INGTON NORTHERN . RAILROAD RIGI fl' -OF -WAY. EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF- WAY. NORTH 0F TI I1 CITY OI SEAT-1'1.1s BOW LAKE PIPELINE RIGI IT -OF -WAY. AND S0(1'1'1 1 01: TI Ili EASTERLY PROLONGATION 01: THE MONUMENTED CENTERLINE OF SO. 158'111 S'IREF: f. I'O(il l'1IIiR WI'I'I I T'I IAT PORTION 01 11II.i I IENRY MLADER DONATION CLAIM NO. 46 DF ;SCRIIWED ABOVE. I3EGINNING ON THE 2M LINE OF PRIMARY S'T'ATE HIGHWAY NO. 1 GREEN RIVER INTERCI IANGE AT I IIGIIWAY ENGINEERING STATION 2M 149 1 25.97 POINT 01: l ANGF.NCY "Y" 0100; 1I 11 {N(E NORT 1 187'07'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WI'I'I1 THE WESTERLY MARGIN 01: P1 JGET SOUND PO \VER & 1.1(;111' Itl(il l'I -(11 -\VAY; '111EN(:I: S(11111II:RI.Y ALONG ITIE WESTERLY RI(;II.1' -OF -WAY MARGIN '1'0 A POINT 20 1:1•:1 :I 5011111 OF, ■I•:ASI IRlil) AT I(IGI l i ANGLES TO THE EASTERLY i RI.Y PROI)(ICLD LINE OF T I II{ ABOVE. DI:SCRIM:I) THEN( NORTT 187'08'O4-' 1•:AS'I' 1110 FEET TO LASTI ?ILLY MARGIN OF PU(;F 1. SOUND POWER & 1.1611T RIG11f -01:-WAY I'O TT IE POINT OF BEGINNING: 1'111iN( I? ('ONT1N(11N(; NOR 111 87 ^118'(14" EAST 124.74 FEFT TO WESTERLY MARGIN OF 11N1ON PACIFIC RAILROAD 1(16111 -O -WAY; 11I NCH NORTTI 03 "40'04" FAST ALONG' 11ll; WESTERLY RIGI1f OF WAY MARGIN TO 1'111: SO11.1'1ll?RI.1' MARGIN OF Lar 01: 'HIE ('_I'I'1' 01: TUKWII.A 130(JNDARY LINE AD.II ISTMIiNT NO. 81 -36 SPE RECORDING NO. 8111090569; THI ?N('1: sot ITI1 87 ^13'29" WI:.S'I' 127.45 1:E.1:1': TT II :N('I :5011111 (11 ^20•34" FAST T'O'I'llIi POINT 01: BEGINNING. "SPA Al" )1.11R S\IX ,CS \(iUT]\1UUlI. \1:1Iix)(• l'caulr 9811051957 Stuart M. McLeod's Fee Interest in the Hallowing: LOT 3 ALL Ti TAT PORTION 01: (i)VIiRNMI:NT LOT 11 AND ALL THAT PORTION OF HENRY MEAI)IiR DONATION (1 AIM NO. 46 IN THE NOR'I'II IIAI.F OF •1i II NORTIIWEST QUARTER ALL SI'I'UAT ED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., W)(INDI :D AS FOLLOWS: ON'1'11E WIiS'I' 13Y A LINT; DRAWN PARALLEL WI'1'lI AND DIS'T'ANT 43 FEET EASTERLY MEASURED AT Rican- ANGLES TO TFIE CHICAGO. MILWAUKEE AND S'l. PAUL RAILWAY MAIN TRACT' CENTERLINE AS LOCATED AND CONSTRUCTED: ON Till'. EAST 13Y A I.INI'. DRAWN PARAI.L.IiL, WITFI AND DISTANT 50 Flail' WESTERLY MEASI IRI I) AT RIGI ll' ANGI.ES TO BURLINGTON NORTI IERN RAILROAD COMPANY'S 01.1) MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRIJC'II :L): ON T'111. SOUTH I3Y A LINT? DRAWN PARALLEL WI'I'I I AND DISTANT 150 FIEF S0(JTTIERLY AT RI(ilrl- ANGLES TO 111E S0(JTI1 LINE OF SAID DONATION. CLAIM: ON Till: NOR TI I I TRY TT IF S011111 MARGIN OF TI IF CITY OF SEATTLE'S 30 FOOT WIDE ROW LAKE I'II'EI.INI•: R16111.-OF -WAY, AS CO)NVEYEI) I.O'(1IE. CITY OF SEA'1-1'I.E. BY I)FTh1) RECORDED 1INI)I :R RECORDING NO. 4131067: EXCEPT Ti IA l PORTION 11II:REOF. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON'1'IIF, SOUTH LINE OF SAID DONATION CLAIM AND THE, EAST MARGIN OF 'UHF, CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RI(:II'I' -0F -WAY; TTIF:N('I: I ASTT:RI.Y A DISTANCE OF 170 FEFT AI (1NG SAID S011TI1 LINT OF SAID DONATION CLAIM: THENCE NORTHEASTERLY ERI.Y MEASURED Al RIGI IT AN(il.FS TO SAID sot rill LINE ;\ DISTANCE OF R(I FEET: THENCE. WESTERLY I'AR./\I.I.I ?I. WITI I SAID SMITH I,INE. TO SAID EASTERLY MARGIN OF SAID CI II('AC0. \41I.WAUKFI:. ST. PA(.11. AND PACIFIC RAILROAD RI(iI l'I' -OF -WAY: THENCE SOI 111II :RI.Y ALONG SAID RAILROAD RIGHT-OF-WAY TO TT IE POINT OF BEGINNING. '\SI :,\ . \111(11 I \INN C\IXN C\/ ;It11 I \1X1111 I. \1;1111(X 'I Crain, 9811051957 EXIIIIIF1' B Permitted Exceptions Those Special Exceptions listed in the Preliminary Commitment of Title Insurance issued by First American Title Insurance Company dated October 15, 1998, Order No. 377122 -5K, and numbered: 17, 23, 24, 25, 26, 27, 28, 31, 33, 39, 40, 41, 42, 43, 44, 45, 46 and 48. AliIli I 1,.1 HH'S\IHH'SGRFI I'\(114111 ;NI INK' Sca11Ic 1 ;J 96031305'58 After recording, return to: STUART McLEOD 213'LAKE STREET SOUTH KIRKLAND, WA 98033 "Thin document flies: c' record cy Fidelity National Title lemma ka au. ECENE® accommodation only. It hit not been examined at to Ica ei'ftec upon the title." JUN 0 8 1999 COMMUNITY - - - - - -- - ELOPMENT EASEMENT AGREEMENT This EASEMENT AGREEMENT ( "Agreement ") is made this _24i_ day of huuct, /L , 1996, by and between HELEN B. NELSEN, a single individual ( "Grantor ") and STUART individual ("Grantee"). McLEOD, a single R E C 1,T ,. S . A. Grantor is the owner of -real propc:.rty located in the City of Tukwila, which property is described with particularity in Exhibit A, attached and incorporated by reference. B. Grantee owns property in the City of Tukwila adjacent to property owned by Grantor. .AGREEMENT NOW, THEREFORE, in consideration of the sum of Ten Dollar - ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of Utility Bas4aent Grantor does hereby convey and grant to Grantee a perpetual, nonexclusive easement under, over, through and across the property described in Exhibit A for the purposes of utilit?.es, 29973 \8 \30074.EASl1.25.96 Seattle and utility construction and maintenance, which easement shall be approximately located and identified on Exhibit B, attached hereto and incorporated by reference. The Easement shall be for the construction and maintenance of utilities including but not limited to water, electric, sewer, storm drainage, and natural gas. 2. Grant of Ingress and Egress Easement Grantors do hereby convey and grant to Grantee a perpetual, nonexclusive easement for ingress and egress over, along, across, in and through the Grantor's Property, which easement shall he approximately located as shown and identified on Exhibit B, attached hereto and incorporated by reference. Grantee shall exercise its rights under this Agreement so as to minimize, and avoid if reasonably possible, interference with CD V Grantor's use of the Utility and Ingress and Egress Easement L') C Areas. Grantee shall, at all times, exercise its rights r4 hereunder in a manner so as to prevent bodily harm to persons and r+, damage to property. 3. Indemnification. Grantee agrees to indemnify, defend and hold `armless Grantor from and against all claims, suits, losses, expenses (including reasonable attorneys fees) or other liability arising from Grantee's gross negligence with regard to the permitted uses of the Easement. 29973 \8 \00074.EAS /1.25.96 Seattle 9609130558 4. Notices Notices required to be in writing under this Agreement shall be given as follows: If to Grantor: Helen Nelsen 15643 West Valley Highway Tukwila, WA 98188 w/a second notice to: If to Grantee: J.R. Nelsen 10750 Aurora Avenue Seattle, Washington 98133 Stuart McLeod 213 Lake Street South Kirkland, WA 98033 Notices shall be deemed of ecti,-e, if mailed, upon the second business day folio: ing de=posit thereof in the United States mails, postage prepaid, or upon delivery thereof if otherwise given. Either party nay change the address to which notices may be given by giving notice as above provided. 5. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any dispute regarding this Agreement shall be in King County, Washington. 6. Entire Agreement. This Agreement constitutes the entire agreement of the parties. Any modification to this Agreement shall be in writing and executed by both the Grantor and•the Grantee. 7. Easements to Run with the Land This Agreement and all rights granted and all duties created hereby shall run with the land, and shall bind and be obligatory 29973 \8 \50C74.EAS/1.25.46 SR5tY!° upon, and shall inure to the benefit of, the parties and their respective successors and assigns. GRANTOT : r 1 Helen B. Nelsen by James R. Nelsen Attorney in Fact GRANTEE STUART McLE9D STATE OF WASHINGTON 5S. COUNTY OF KING On this day of 1 ; ,; ; r;,':,� , 1996, ; ;efore me, a Notary Public n and for the State of Washington, personally appeared James R. Nelsen, personally, known to me (or proved to mc, on the basis of satisfactory evidence) to he the person authorized to execute this instrument on behalf of Helen B. Nelsen pursuant to a Durable Power of Attorney, on oath stated that he was authorized to execute the instrument, and acknowledged it to be the free and voluntary act and deed of said individual for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. 25973 \8 \00074.EASl1.25.96 Scatcte NOTARY PUBLIC in and for the Site of Washington, residing f u My appointment expires ', r l Print Name "41- y:./r,?,c1 3603130558 STATE OF WASHINGTON ss. COUNTY OF KING C}" ' , 1996, before me, a On this ., -_) day of � %!1 ;�.,i:� (, -� Notary Public in and for the State ofWashington, personally appeared Stuart McLeod, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it to be.ihe free and voluntary act and deed of said individual for the uses and purposes mentioned in the instrument. N. WITNESS WHEREOF, 1 have hereunto set any hared and official seal the day and year first above written 29973\8\00074 . easy 1.25.9 5eI: -t!e 11 A I NOTARY PUBLIC in and for th, S ate of Washington, residing at t' -�2 My appointmen.. expires , - !& .. / Print Name --7-' %09130558 1 EXHIBIT A A permanent easement for access and utilities th the SW 1/4, Section RTi and the City 1/4, In Section 25, T23N, R4E, of Tukwila; Said easement described as the Longacres access easement beginning at the eastern end of South 158th Street and eastern property line of PSP &L R -O -W to the western property line of the Burlington Northern Railroad and the westerly 22 feet of the easterly 52 feet of the portion of the parcel 000580- 0013 -03 north of the South 158th easement access road and between the Burlington Northern Railroad and the Union Pacific Railroad described as: That portion of Henry Meader Donation Claim No... 46 in Section 24 and 25, T23N, R4E, WM, lying west of the Burlington Northern Railroad right -of -way, east of the.O,regon- Washington Railroad and Navigation .Company right -of -way and south of a lire 137 feet south of the north line of said donation claim and north of the City of Seattle BOw Lake line right -of- way Situated in the City of Tukwila, County of King, State of Washington. , • 'I II • I I't 1..1( / . . . 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I I )1•1/-.Cj0./ ,1US r I,1 .9 o . 6.,..i,.....,t,' 11 (' f 1 4(4'. *, .1114,1,1 . ..1 t) 7 ':' I ElICII!I "-- ? ' 1:?1• (4 1 11'1 t 1 1 . 81'4 4 I, I I 04 • 114 ,I ,11.8 4 ) . 0 1 : ':f.1:74 ,7)1 C1 I ba' 0.4.av _ ./1 I I 61, '.41,1 4 1 ...11111 '1:::: . 14; C7 10.15,00' 31 49' 010631,' 0.111 01111 116 '010 11 , 2.11' '1'' ,,t.,, ., ,1,,, , c..1 1:ri;,i': n /,' co,-..o':u4 1 RAPHIC 1.A , .\ . In 1 , : f,,,,'• 1.1^1.1.11 1,11 .• •, •. 11152%11111CIErealtilaliii"6128=' 1 0 - I 4 t:1 A•. [14 P,I.!(,114 8 4:5 • .....',.4 i) ' ) In) ( In - I ron ) I 4 1 0 51 : 0l8. . 8 . I 4. . #1. 1.111 i Inoh 100 0 I I, I, I) . I1.. JRI% 284. W031290 13 00/, 4,1•Alb it d rT•■■■■■■■Al• ('11,111 ICA If 1111, rim,. t•■■■•■ fly 0 mi. 4'0$. 4'' ... 10004.1 14, e4.114.1) 111.,,,I4lorfi4el:r .1111 !I, 0" "1 EASTS1DE_ CONSULTANT_S. INC. t••11.1/.1, • 1 11111041,01 1,41101. TUKWILA SHORT PLAT NO, L913-0007 IN TIIE E1/2, SWI/4, SEC. 24, T.2314., 11.4E., W.M. CITY OF T UK WI .A, KING COUNTY, WASHING 77)411 I10 1,77---- ------ Ti:17----- ,,,,,. 4,1 4410-11,11,091 41 Ih1'4I Ir F9 I1'1B(II1'll" "11111! 11111 111UlfN • After recording, return tot DAVIS WRIGHT TA£MAIME 1501 FOURTH AVENUE, SUITE 2600 SEATTLE, WA 98101 ATTNz Katherine Eraser Laird 4, ECM TAX NOT REQUIRED kino tO1 R ,a maw 11 EASEMENT AGRBEMENT This EASEMENT AGREEMENT ( "Agreement ") is made this day 1996, by and between THE HOEING COMM and , INC., a Washington corporation ( "Grantors ") and McLEOD DEVELOPMENT COMPANY ("McLeod "), a Washington corporation ( "Grantee "). ' RECITALS A. Grantors own property immediately adjacent to and east of the Mcleod property, which property vas formerly the Longaores park Racetrack ( "Boeing Property"). The western boundary of the Grantor's property is the Burlington Northern Railroad ("SEAR ") right -of -way. The Boeing Property is described with . particularity in Exhibit A, attached and incorporated by reference. 8. Grantee owns property in the City of Tukwila adjacent to property owned by Grantors in the City of Renton. Grantee also is the lessee under a long -term ground lease of property owned by Bolen Pelson, a single individual (collectively, the Mcleod Property "). The Mcleod Property is described with 2922C+ v.n.ntewna.» Wttt. e • particularity in Exhibit B, attached and incorporated by reference. C. The HtL.od Property is traversed by a private road known as South.158th Street. This road is also known as Longacrsa Vey. South 158th Street terainatss at the Burlington Northern Railroad right- of-way at the eastern boundary of the McLeod Property. D. The parties desire to enter into this Agreement to create an easement for perking purposes on the Grantors' property and to provide access to the area subject to that parking easement. {fN1 E. This parking and access easement is required as per of v1 and in furtherance of an Settlement Agreement between the Grantor rl C.) and Grantee dated Jrkv .i..a 1(l , Mb, AGBSAeYT NOV, THEREFORE, in consideration of the sum of Tan Dollars Crl (810.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1.. YAREING EISENSNT 1.1 Grant of Basement Grantors do hereby convey, warrant and grant to the Grantee a perpetual, nonexclusive easement for parking purposes on the Boeing Property, which easement shall be located generally as shown and identified in Exhibit C attached hereto and incorporated by reference, together with a nonexclusive perpetual Melds 2 qfpl Ir' rPFF' n1INIT114!11lwrirlpiIrsvirllri4ei � µ • • • 9601231152 • right of ingress and agrees to access the parking saseasnt area ( "McLeod Parking Easement "). The McLeod Parking Easement shall at all times include an area large enough to provide sufficient space to accommodate 750 parked vehicles. Vehicles permitted on the McLeod Parking Easement shall include automobiles end shuttle buses. Buses, recreational vehicles, trucks, semi- trunks, tractors, trailsra or other commercial vehicles shall not be permitted. 1.2 The Parking Easement shall be available for use by McLeod parking attendants and maintenance personnel and "NWEC Patrons,* which shall mean visitors to the Northwest Expo Center vho pay to park on the McLeod Parking Easement during the following times* off - hours, weekends and all day on Grantor - recognised holidays if the Western Portion of the Boeing Property is occupied by Grantor and on the occupant's holidays if the western portion of the property .is occupied by persons other than Grantor. The Western Portion of the Boeing Property shall mean that area shown and illustrated in Exhibit 0 attached and incorporated by reference. "Off- hours" shall mean after 5130 p.m..on weekdays. No overnight parking is allowed. 2. INGRESS NED EGRESS 31SENEN! 2.1 Grant of Easement Grantors do hereby convey and grant to Grantee for the benefit of tha McLeod Property a perpetual, nonexclusive easement for ingress and egress over, along. across, in and through the Boeing Property, which "Dress end Egress Easement" shall be n@oplm.mmLMIWIJAa *mule rintn!lI!i !IP Ill el All 1114,11 'II' 'fl 111111 !WIMP ) • • approximately located as shown and identified o n ibit C and attached hereto and incorporated by reference. The Ingress Egress Easement shall be used for the sole purpose of accessing the McLeod Parking Easement and maintaining as necessary the McLeod Parking Easement, as set forth in Section 1 above. 2.1 Width of 'eminent The width of the Ingress and Egress Easement is twenty feet or the width of the existing roadway, whichever is greater. s. aaLOOATION 3.1 Grantors' Right to Relocate The McLeod Parking Easement shall be located as close as 01 possible to the eastern terminus of South 166th Street, at the Burlington Northern Railroad right -of -way, without unreasonably r interfering with Grantor's developmen t and use of the Western Oportion of the Boeing Property. Eowever, if necessary to CO accommodate construction activities, the final location of y or other uses buildings and infrastructure on the Boeing �srt of the Boeing Property by Grantor, Grantors may relocate the McLeod Parking Easement and associated Ingress and Egress Easement; provided, that (a) any such relocation shall be effective only after 90 days' written notice to Grantee of Grantors' intent to undertake the relocation, (b) any such relocation shall be within the Western Portion o the Boeing d Property, and (a) any area to which an Easement is shall be defined as the Easement Areas (as defined by Paragraph 4 below) from the date of relocation. was .u: . '71- %': invirr IPAlivr1111 1111111'rIlyrIPF l!1! 1111101 iv(tm • • a. BEBTZICTIOZ ON 1CCZ09 BY Grantee shall exercise its rights under this Agreement solely on the areas encompassed by the Parking Easement and Ingress and Egress Easement (collectively. the *Easement Axeaa•), as shown on Exhibit C. Grantee shall exercise its rights under this Agreement so as to minimise, and avoid if reasonably possible, interference with Grantors' use of the Easement Areas. Grantee shall, at all times, exercise its rights hereunder in a manner ao as to prevent bodily harm to persons and damage to property. E. 00*PLTIBLE OBES Grantors reserve the right to use the Easement Areas for any Oi purpose consistent and compatible with the rights herein granted. e4 Granters shall make provisions satisfactory to Grantee for .4 continued access by Grantee along, over and across the Easement to Areas during periods in which Graatora are conducting CM construction or other activities on the Western Portion of the Boeing Property. G. IBa0Ea9CE sEgUIE. McLeod shall carry and maintain, and shall ensure that any Contractor carries and maintains, Commaroial General liability insurance with available limits of not less than One Million Dollars (81,000,000) per occurrence for bodily injury, including death, and property damage combined, One Million Dollars ($1,000,000) general aggregate. Such insurance shall be in • form and with insurers acceptable to Boeing, which acceptance 5 !P!!111 le 1 U'tpq �9g11�)�PEge1P!1�If ! 'il���l1 AID shall not be withheld unreasonably, and shall contain coverage for all premises and operation°, broad for property damage and contractual liability (including without limitation, that specifically assumed herein). Any policy which provides the insurance required under this paragraph .halls (a) be endorsed to name "Longaorea Park, Inc., The Boeing Company and its • subsidiaries and their respective directors, officers, empluyees, agents, attorneys and assigns" as additional inaureda (hereinafter "Additional Insured ") with respect to any liability arising out of the presence on the Boeing Property of McLeod, NwEC Patrons or other persona whose destination is the McLeod Property, (b) be endorsed to be primary to any insurance maintained by The Boeing Company or Longacres Park, Inc., (0) contain a severability of interest provision in favor of the Additional Insured and (d) contain a waiver of any rights of subrogation against the Additional Insured. McLeod shall ensure that any Contractor who uses licensed vehicles in connection with construction or maintenance work related to the easement granted hereby carries and maintain. Automobile Liability insurance covering all vehicles, whether owned, hired, rented, borrowed or otherwise, with limits of liability of not leas than One Million Dollars ($1,000,000) per occurrence combined single limit for bodily injury and property damage. McLeod shall cover or maintain, and shall ensure tbat,any Contractor covers or maintains, insurance in accordance with the 19221W1s.esant.nw+.5.e6 Mute 6 • rtroi!wl'1U'I NI fl !NI 111103 I! 11199') IB� "IIAII�ti • • applicable laws relating to workers' compensation, with respect to all of their respective employees working on or about the Boeing Property, regardless of whether such coverage of insurance is mandatory or merely elective under the law. McLeod shall not access the Boeing Property unless McLeod shall have first provided for Boeing's review and approval, a certificate of insurance reflecting full compliance with the requirements set forth herein. Such certificate shall list The Boeing Company as certificate holder and shall be kept current and in compliance throughout the period of the easement granted hereby and shall provide for thirtp (30) days advance written notice to Boeing in the event of cancellation. 7. Iam2MetalCasl02t. McLeod will indemnify, defend, and ho}d harmless Longacres Park, Inc., The Boeing Company, their respective subsidiaries, Cand their respective directors, officers, employees, agents, CD attorneys, and assigns ( hereinaftea "Indemnities ") from and CI against all actions, causes of action, liabilities, claims, suits, penalties, fines, judgments, liens, awards, and damages of any kind whatsoever (hereinafter "Claims "), for injury to or death of any person (including without limitation claims brought by employees or invitees of McLeod or employees or invitees of any Contractor of Mcleod (hereinafter "Contractor ")) or damage to or loss of any property, or clean up or remediation of any discharge or release of a hazardous substance, and expenses, costs of litigation, and reasonable attorneys' fees related toat\tWAsww* trwt.s.oe Santo 7 v iirl9•11 I 11114FIR ICI' II IV PRP I I iP 1 I 1 ''1119' I1I'1111 1 9601231152 thereto, or incident to establishing the right to indemnification, to the extant such Claims arise out of or are in any way related to the presence on the Hoeing Property of Mcleod, NWRC Patrons or other persons whose destination is the McLeod Property. McLeod expressly waives any immunity under industrial insurance whether arising from Title 51 of the Revised Code of Washington or any other statute or source, to the extent of the indemnity set forth in this paragraph. In the event that McLeod is successful in proving that the foregoing indemnity is limited by RCM 4.24.115, McLeod shall defend, indemnify and hold harmless the Indannitees to the full extent alloyed by RCN 4.34.115. In no event shall McLeod's obligations hereunder be limited to the extent of any insurance available to or provided by McLeod. McLeod shall require each Contractor who desires access to the Property to provide an indemnity, enforceable by and for the benefit of the Indemnitess, to the same extent required of McLeod. For purposes of this paragraph 7, "hazardous substance" means any dangerous wastes, hazardous waste, or hazardous substance, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 O.S.C. f 9601, et seq., or the Resource Conservation and Recovery Act, as amended (42 C.S.C. f 6901, .t seq.), or the Washington State Model Toxic. Control Act (RCN 70.10SD) and any substance, chemical, or contaminant regulated under applicable federal, 292t01+.wrmd"w+.7.96 IMMO 8 11111U1l1! 11l191�'p'!�'9i' 1!!I IV 'l !III 9� �'IiI ! rPIRq' ! 9601231152 • state, or local rule, order, decree, regulation, or statute related to protection of human health or the environment. Boeing agrees to provide reasonable cooperation to McLeod in the defense of any Claim for which Boeing seeks indemnification under this Agreement, provided that Boeing shall not be required to expend any funds in providing such cooperation. 8. TITLE The rights granted herein are subject to permits, leases, licenses, easements, encuabrances, existing title defects and other matters, if any, heretofore granted by Grantor affecting the property subject to this Agreement, provided however that any such grants by the Grantor made after the date of this Agreement may not be inconsistent with or frustrate the easements granted herein to the Grantee. Grantor does not warrant title to the Boeing Property and ,shall not be liable for defects thereto or failure thereof. 9. iiOTIcZ8 Notices required to be in writing under this Agreement shall be given as follows: If. to Hoeing / Grantors: Boeing Commercial Airplane Group A.O. Box 3707 - 11/8 2R -71 Seattle, WA 98124-2207 Attn: )Sanager/Planning and Law Properties Pacsimile: (206) 544 -5889 with a copy to the Designated Coordinator at: $ n• i1Ussarn:.,lw+e.a 117 ' " .I+T'fiPPP 1x'11 alai I'1° ' 111111' 111111 11'I'!l e'IH 01111141. 9601231152 If to Grantee: Stuart McLeod McLeod Development Company 213 take Street South Kirkland, WA FACSIMILE: 206 -027 -9990 Notices shall be deemed effective, if mailed, upon the second business day following deposit thereof in the United States mails, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. 10. ZASLIOSNTS TO RUN WIT= INS LAND This Agreement and all rights granted and all duties created hereby shall run with the land, and shall bind and be obligatory upon, and shall inure to the bonefit,ot, the parties and their respective successors and assign. l9Yf IUmwo ea.a W:d.9e Maas THE HOSING COMPANY 10NGACRES PANS, INC.: By . McLEOD DEVELOPMENT COMPANY: B Its ..17" 10 . r 11v41'14 1 II,1'1!!11 I! 9 !R I1lnI 111 11!1 411111 111 N kA On this /6.--- day of 4 a , 1996, before me, e CI s Notary Public in and ter a State f Washington, personally ei i appeared -7:X Ate / tz.t , personal y known to mo (or proved to me on the basis of satisfactory evidence) to be the person who O executed this instrument, on oath stated that i was 1.0 authori✓ed,to execute the instrument, and aclnow gad it as the Cn ff of WNGACRES PARR, INC. to be the free and voluntary act and deed of said corporation for the uses and purposed mentioned in the instrument. IN WITNESS WHEREOF, 2 have hereunto set my hand and official asal the day and year first above written. STATE OF WASHINGTON COUNTY OF RING ) ) as. • • On this Lay of . 1996, before me, a Notary Public-in and for State Washington, personally appeared A/ E 150 , roman known to me (or proved to me on the basiT s of satisfactory evidence) to be the person who executed this instrument, on oath stated that 'As. was authorized to }xecute the instrument, and acknowledged it as the ✓e-FAM O t1 Yfly of THE BOEING COMPANY to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, 2 have hereunto set my hand and official seal the day and year first above written. STATE OF WASHINGTON ) ) Oa. COUNTY OP KING Serail* • N• in and for the §tats of Washington, residing at try appointmer)t expires Print NaOS ff e6,7 A,.4.X4,4 11 t r. , ' k�' R1' 11 lin 11111111PQ 911ir1' 1 rill 'PP 'I oti 9601231152 • • STATE OF WASHINGTON I so. COUNTY OF EXNG • On this day of ...4.4ri ti� , 1996, before me, a Notary Public and for the State o! Washington, personally appeared Stuart McLeod, personally known to me (or proved to me • on the basis of satisfactory evidence) to be the parson who executed this instrument, on oath atatsd that he was authorised to execute the instrument, and acknowledged it as the President of McLeod Development Company to be the free and voluntary and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I haws e eo st my hand and official seal the SSd above written. toamtt r..a.nee1 Sorrels 24AAa? ART PUBLIC in and for S to of Washington, residing at My appointment expires Print Name — swito- rme4.12. 12 !I'll'. Y 0llIII ' 9111'II3l1 !! 111 1111 1111111 111 1 119'1 I 12212911.6---91/19211n PARCEL 1 All that certain real property situate in the Chy of Renton. County of King, State of Washington, being Government Lot 14. and a portion of Government Lot 8, both In Section 24. Township 23 North, Range 4 East, WiUametre Meridian, and a panto of die N.W. 1/4 of the S.E. 114 of said Section 24, and a potion of the N.E. 1/4 of the S.E. 114 of said Section 24. and being more particularly described u follows: BEGINNING at the Southwest comer of the N.E. 114 of the S.E. 114 of said Seaton 24; thence from said POINT OF BEGINNING. along the East line dad d Government Lot 14 S00'56'17'W 68.96 feat to the North line of Henry A. Meader's Donation Lad Oalm No. 46; thence along said North lino N87•13'S7'W 1462.38 feet: trance !caving said North Inc N00'22'11'E 1022.22 feet to the southerly right-of-way line of 1.405; thence along said southerly right-of-way lime and the south rightofway line of S.W. 16th Street from a tangent that bears N62•52'57'E. along the arc of a curve to the right having a radius of 543.14 fax and a anal angle of 26'45'00'. an arc length of 253.58 fees; thence tang= to the preceding curve the receding course don8 the arc of as curve to the left tev6g s7ridius of 1940.08 feet and a tangent central angle of 02'51'00', an are length of 97.07 fad; thence tangent to the preceding curve 1486'45'57'E 1, 4.56 fed; thence tangent to the preceding comae along the arc of a curve to the right having a radius rlof 1880.08 feet and a central angle of 01'32'SS', an art length of 50.81 fed; to the northwest corner • of the parcel conveyed to the City of Renton under A.F. / 8911030810, Xing Cowry records; thence along the boundary of last said pool S08151619 42.70 feet and N79'13'48'E 58.77 fat to the oast right of wry One of the White River Drainage Dlteh No. 1, as condemned Le Superior Court C Cause No. 32912. King County Records: thence along old wed right of way line the following CO courses: S00•25'33'E 47.35 fact, 601•4532•W 44.26 f eat, S07'14•42'E 4828 fed, 619'25'58T 07 66.50 fat, 520•05'30'E40.14 fed, 630'55'50T 51.31 fat, 3391314 '232.19 fed. S30'06'16'E 76.04 fat, S27•12.00'E34S6 feet, S31'19'50'E 41.01 feat, S36•00'41'E74.11 6:m. 531'50'17T 42.02feet. S41'05'2•E47.21 fed,S40'19'37'E47.67fkt. S45'25'52'259.32feet, S50•37'12'E 39.63 feet, S51•16'S5'E 68.16 feet, S81'36'SO'E 62.75 Eta, N86'59'20'E 94.92 feet, S44.53'21'E48.07 feet, 529.33'20 E35. 41fed,S 30. 49' 411 146.69fat,S20'07'49'E85.72feet. and thence alon'Slast said South 8ne N67 •26 45'Wo918.35 fed to the POINT OF BEGINNING. 24: tnenca song Contains 47.669 Acres of land mote or Ices. The Bads of Hearings for this description b the Record of Survey for 8madaeres Inc.. recorded in Book 10 of Surveys No. 7707289002. King County records. 3LW/FWC 12-04 -91 REVPARCI.lEO 3.2464 -3806 PACE' C °La. • x ' s. WaAr�e�r ..,,.t c?�Mh�A"flfll 91'AI� t 14 ell1 NIP!' ! '1 1 119 II 1 In Tipp 1UMI ui) PARCEL 1 All that certain real property siarate in the Ciry of Renton. County of King, State of Washington. bring a portion of the S.W. 1/4 of she N.B. 114. and of the •1/ o �etS.E. 114 of Section 24, Township 13 North, Range 4 East. WOlsmeste particularly described u follows: Commencing at the intersection of the North margin of S.W:16th Street !South 133rd St.1. with the West boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seattle. Division No. 1, as pet the Plat recorded In Volume 17 of P Page 74 s of King County: thence from uid POINT OF COMMENCEMENT, Westerly along said North margin. 350 feet to the TRUE POINT OF BEGINNING of this PARCEL I; thence front said TRUE POINT OF BEGINNING, continuing Westerly along said North margin S89•31'S7'W 257.00 feet: then= leaving said Northerly ntargin at right eagles, N00•22'03'W 214.06 feet to the (� Southerly right-of way line of SR 405; thence along said Southey rlgbtof -way line from a tangent that bears N78'33'53'2, along the arc of aserve to the tight having a radius of 2765.00 •4 • feet, end a central angle of 05'23'22', en arc length of 260.09 feet; theme leaving said Southerly right-of-way tine 50012'03'E 253.41 fat to the TRUE POINT OF BEGINNING. 0 100 CONTAINS 1.39 Acres of land more or less. • The Bats of Bearings for this desalpdon Is the Record of ley for 029002, . lure .Inc.. recorded In Book 10 of Surveys at Page 2. under Recording No. records. FWC 11 -21.91 PARCF13.LEG 3.24643806 ID'1111 IUIII (N!l'1 IIIIPOII 1' I!9Il11111111 IAN PARCEL All that certain real property situate In the City of Renton, County of King, State of Washington, being a portion of the S.W. 1/4 of the N.E.1/4, and cite N.W. 1/4 of de S.E. 1/4 of Seaton 24. Township 23 North, Range 4 East, Wiliam= Meridian. and !King more particularly described a follows: Commenting al the intersection of the North margin of S.W. 160 Street (South 153rd St.), with the Wen boundary of C.D. Hillman's Earthy/ten Gardens Addition to the City of Seale, Division No. 1. a per the Plat recorded In Volume 17 of Plm, Page 74, Records of King County; thence from said POINT OF COMMENCEMENT, Westerly along aid North margin. 607 feet to the TRUE POINT OF BEGINNING of this PARCEL '; thence from said TRUE POINT OF BEGINNING, continuing Westerly along said Noah margin S89•3717 1V 120.00 fact; thence leaving said Northerly margin at right angles, N00'22'03 'W 187.07 feet to the Southerly right of way Line of SR 405; thence along said Souther!), right -of -way lie from a tangent that bears N73•40'56'E, along the are of a save to der: right having a radlss of 2765.00 N feet, and a central angle of 02.32'57', an arc length of 123.02 feet; thence Icaving said if)4 Southerly right-of -way Une 300•22'0YE 214.06 feet to the TRUE POINT OF BEGINNING. P3CONTAINS 0.55 Acres of land more or Ira. vi O td 03 The Basis of Bearings for this desaipdon I to Record of Survey for Brosdacres, Inc.. recorded In Book 10 of Surveys at Page 2, tinder Recording No. 7707289002, King County records. FWC 11.21 -91 PARCE1J.lEG 3- 2464 -31106 'iff � :kr:TROVIPITIFirriF IflPP PI m. m W pm !Irma 11th 'Pimi IS 9601231152 trtt r R r1Fi'trIIP apt,,. 4 PIP•tPl1ii���'��lR.. • PARCEL K All that certain real property situate in the City of Renton. County of King. State of Washington, being a potion of the N.W. 1/4 of the S.B. 114 of Section 24, Township 23 North, Range 4 But, Willamette to Meridian, and being more particularly described as follows: Commencing at the intersection of the Nonh margin of S.W. 16th Strew (South 153rd St.), with the West boundary of C.D. Hillman's man'a Earlingmn Gardens Addldoo to the City of Seanle, Division No. 1, as per the Plat recorded in Volume 17 of Plat, Page 74. Records of Sing County; thence from acid POINT OF COMMENCEMENT. Westerly along said North margin. 727 feet to the TRUE POINT OF BEGINNING of this PARCEL K; thence from said TRUE POINT OF BEGINNING. continuing Westerly along said North margin 589.37 57'W 62.00 feet; thence leaving said Northerly magin at right angles, N0012'031V 170.90 feet to the Southerly rlghtof way One of SR 405; •pue along said Southerly right-of-way line from a nngem that bean N74•21'17•E, along the arc of a canoe to the right having a radius of 2765.00 feet, and a antral angle of 01'1939•, an ar. length of 64.06 feet; thence leaving said Southerly right-of-way line S00'22'03'E 187.07 feet to the TRUE POINT OF BEGINNING. CONTAINS 0.25 Acres of land more or less. The Bash of Bearings for this description is the Record of Survey for Broadsaes, Inc., recorded in Book 10 of Surveys at Page 2, under Recording No. 7707289002, Sing County records. FWC 11 -21-91 PARCEIR.LEO 3-2464-3806 W i C1F IC 9601231152 • PARCEL 1. All that certain real property attune in die City of Renton, CowuY of King. State of Washington, being a portion of the N.W. 1/4 of the S.E. 1/4 of Season 24, TOWOhip 23 North, Range 4 Eau, Milanese Meridian, and being mare paniahlarly described n follows: Commencing at the boasted= of the North margin of S.W. 16th Street (South 133rd St.). whh the West boundary of CD. HUlmsn's Esrrwg= Gardens Addidon to the City of Seattle, Division No. 1, as Pa the Plat recorded In Volume 17 of Plat. Page 74, Records of King County; thews from said POINT OF COMMENCEMENT. Westerly along » id North margin. 789 feet to the TRUE POINT OF BEGINNING of this PARCEL L; thews from said TRUE POINT OF BEGINNING, continuing Westerly along said Nonb margin $89•3717'W 65.00 feet; thence N00•22'03'W 15.00 feet; thence S89'37'57'W 50.00 fbet; thews leaving said Northerly margin at tiger angles. N00•22103-W 121.79 feet to the Soylberly rlghtof way line of SR 405; thence along said Southerly right. of -way But from a tangent that bean N71'52'08'E. along the are of a curve to the right having a radius of 2765.00 feet, and a antral angle of 02•29'09'. an arc length of 119.96 feet; them leaving said Southerly right -of - way line S00'22'03'E 170.90 feet to the TRUE POINT OF BECOMING. CONTAINS 0.39 Acres of lend more or less. The Buis of Bearings for this description is the Record of Surrey for Broadacrtt. Inc.. recorded in Book 10 of Surveys set Page 2. under Recording No. 771 /289002. Xing County records. 3WC 11 -21-91 PARCELLLEG 3.2464-3806 t►�trah!tmte� 1 If IMRlr ?II41Pti 0 9601231152 • PARCEL M All that certain real property situate in the City of Renton, County of King. Sum of Washington. being a portion of the N.W. U4 of the S.E. 114 of Section 24, Township 23 North. Range 4 East, Wiilameoe Meridian, and being more particularly described as follows: Commencing at the intersection of the North margin of S.W. I6th Strcet (South IS3rd St.). with the We boundary of C.D.Hillman's Earlington Gardena Addition to the City of Seattle. Division No. 1, as per the Plat recorded in Volume 17 of Plats, Page 74, Records of King County; thence tram said POINT OF COMMENCEMENT. Westerly along said North margin, 854 feet; thence N00'22'03' W 15.00 feet; thence S89•3717•W 50.00 feet to the TRUE POINT OF BEGINNING of this PARCEL M; thence from said TRUE POINT OF BEGINNING, combining along said North margin S89•37'57'W 65.00 feet; thence S44•3717•W 21.21 fee; tuna S89•37'57-W 124.11 feet; to the Easterly Tine of a parcel conveyed to the State of Washington by deed recorded under Auditor's Fie No. 5494126. King Canny records; thence Ieaving said North margin of S.W. 16th Street along last said Easterly ibm N22•42'33•W 56.60 feet to the Southerly right-of way line of SR 405; thence along said Southerly right-of-way tine on a spiral chord bearing of N66'40'47'E 68.54 feet; thence from a tangent that bears N68'17167., along the arc of a alive to the right having $ radius of 2765.00 feet, and a central angle of 03'34'27', an are length of 172.48 feet; thence leaving said Southerly right-of -wry line S00'22'03'E 121.79 feet to the TRUE POINT OF BEGINNING. CONTAINS 0.46 Aces of land more or less. The Basls of Bearings for his description h the Record of Suety for Broadacres. Inc., recorded In Book 10 of Surveys at Page 2, under Recording No. 7707289002, King County records. LS. 271 FwC 11 -21 -91 PARCELM.LEG 3- 2464.3806 W PrV2I F7 raw w term rev 1:.:1.:0 -11P'9R!tiri41 11 ! +'•1!'111 11 (la pp l; Igl1I Itii'E'I 1 ilk • PARCEL B All that ce'tain real property situate in the City of Renton. County of Rini, Stare of Washington, being a portion of Henry A. Meader'. Donation land claim No. 46 in Seaton 24 and 25. Township 23 N., Range 4 E., W. M., and a portion of Government Lot 13 In sold Section 24, and being more pettlwkrly described as follows: BEGINNING a the Northwest coma of said Governmunt lot 13; thence from said POINT OF BEGINNING along the North line of said Government Lot 13 S87•26•45"E 504.52 feet to the northerly prolongation of the East litre of said Dmtaslon Land Claim No. 46; thence along said prolongation and Eau line S02•46'03'W 1336.86 to the North line of the City of Saab Bow Lake Pipeline right-of -way as conveyed by deed recorded under Recording No. 4131067, King County records; thence along said North line from a tangent that bears S84'32'34'W. along the are of a curve to the left having a radius of 935.00 fat and a central angle of 11'47'46', an are length of 19250 feet; thence ungem to the preceding come S72'44'48'W 288.62 feu; thence leaving said North lice N01•02'56'E 15452 feet; thence N00•56'17'E 1326.91 fees to the POINT OF BEGINNING. Contains 15.51 Acres of Land mom or lets. c'7 cl r4 O The Basis of Bearings for this desafpdon Is the Record of Survey for Broadacres Inc., recorded in Book 10 of Surveys a page 2, under Recording No. 7707289002, King County records. L.S. 27193 / MALJFWC 11-07 -91 PARCELB.LEG 3. 2464 -3806 • nnsscscsoeu • :11 F ar'i.,1 ,.11 1 , ,-_1 11111 V I !IIIV 11,11 ! p It 1P 111111 i 1 1 M! 14 4 • PARCEL A AO that certain real property situate in the City of Renton, County of King State of Washington, being a portion of Remy A. Header's Bowdon land Claim No. 46 in Sections 24 and 25. Townshlp 23N., Range 4E., W.M., and a pordoa of Government lot 8 in said Section 24, and Wing mom particularly desors'Led ss follows; BEGINNING g the intersection of the North Ilse of sad Donation Land Claim No. 46, with the most Westerly One of Government lot 13 In said Section 24; thence from sold POINT OF BEGINNING S00'56'17'W 2257.95 feet; thence 501'02'561V 154.52 feet to the northerly Tate of the City of Stank Bow lake Pipeline right-of-way as conveyed by deed reworded under Recording No. 4131067, King County records; thence along sad northerly line S72•44'48'W 436.96 feet; thence tangent to the preceding course along the arc of a curve to the right laving s radius of 122.55 feet and a central angle of 20'01'15% an ere length of 42.82 Set; thence togas to the preceding curve N87'13'57'W 1377.97 feet to the Eat right-of -way One of the Burlington Northern Railway; thence along said East right-of-way line NO2•07'43'E 1709.63 fee; thence tangent to the preceding worse along the arc of a curve to the kA having a radios of 2107.00 feet and a central angle of 14'09'08'• an arc length of 520.44 fees to the westerly One of the former Puget Sound Shore Railroad Company's Seattle line; thence along said westerly line NO2•07'43'E 221.30 feet to the southeasterly One of the parcel conveyed to the State of Washington by deed recorded under A.P• 8412140016, King County records; thence along said southeasterly line N66•17'56'E 35.69 feet to a point on a lieu that 4 ;walk] with the South One of said Section 24, and passes through the most vg southerly comer of the southernmost of two concrete abutments neat the westerly extension of S.W. el 16th Street; thence along said parallel line S87•43'33'E 67.88 feet to the easterly One of said former Puget Sound Shore Railroad Company's Seale Lie; tune along said easterly line NO2•07'43•E 11.96 feet to the southerly right-of-way line of I-405; thence along said southerly right-of-way line N81•57•27% 43.10 ha; thence unseat to the preceding course along the an of a curve to the left t0 having a radius of 603.14 feet and a central angle of 19•04'30', an arc length of 200.80 feet; thence tangent to the preceding nerve N62'S2'STE 90.32 feet; thence leaving sold southerly right-of-way line 500'22'11'W 1022.22 feet to the North line of Bald Gonad= land Claim No. 46; thence along said Nosh line S87•1317-E 1462.38 fat to the POINT OF BEGINNING. Contains 72.83 Acres of Lend more or leas. The Basis of Bearings for this description is the Record of Survey for Broadtaes, Inc., recorded 1n Book 10 of Surveys at page 2. under Recording No. 7707289002. King County records. 1. • lAtIOV L. S. 27193 MALFWC 11.07 -91 PARCELA.LEG 3- 2464 -3806 Mwaaieo�ehe' '.,1- egmmi^71I''fll 11RIlIIIII ll'1@'I0l1f IMP Nil 1! • i 9601231152 ' PARCEL C Au that certain real propaty situate In the City of Renton, Conroy of King, State of Washington, being that portion of Remy A. Meader•s Donation Land Claim No. 46, in Sec Icn 25, T.23N., 11.4E.. W.M.. described as follows: BEGINNING a the Interned= of the South line of said Donation Claim, and the East line of Goverrmiem Lot 10 in the N.E. IS of said Seaton 25; thence from Bald POIN? 07 BEGINNING along said South line N87•13'57'W 1842.90 feet to the East lbw of the Burlington Northern Railway; thence along last said East One NO2'06'48'E 129.69 fees and NO2•07'43'E 251.58 feet to the South line of the Bow Lake Pipe Line as conveyed by deed recorded under recording No. 4131067. King County records; thence along said South Ore S87'13'57'E 1377.63 feet; thence tangem to the preceding cause along the arc of a curve eo the left having a radius of 152.55 feet and a central angle of 2C'01'15', an arc kngtt of 53.30 fee; thane tang= to the preceding curve N72•44'48'E 427.04 fee to the northerly prolongation of the East line of Govemtnent Lot 10; thence along said northerly prolongation S01'02'56"W 536.89 feet to the POINT OF BEGINNING.' Contains 16.87 Acres of land more or ku. The Buis of Bearings for this description is the Record of Storey for Broadaeres Inc.. recorded In Book 10 of Surveys as page 2, under Recording No. 7707289002, King Coumy records. MALFWC 11-0741 PARCELC.LEG 3.2463 -3806 .:. x111117r17141l 1111111 H 1! I if s II I I'I I 1 II !I III IPI!II!"4 a 3 9601231152 PARCEL F All that certain real property sinus In de Chy of Renton. County of King. State of Washington, being a portion of Government Lots 10 & 11 in Section 25, Township 23N.. Range 4E., W.M.. and being more pa:UW*rty described u follows: BEGINNING at the Intersection of the South line of Henry A. Header's Donu1011 Land gilt No. 46, with the East line of said Government Lot 10; thence from said POINT OF BEGINNING along said East lice 501'02'56'W 255.38 fat; thence leaving said East line N88•16'SS'W 1847.57 feet to a point on the East line of the Burlington Northern Railroad rightof way which 4 289.12 feu Southerly. at measured along said right-of way line, from the hmusecdon thereof with de South line of said Donation Land Chaim No. 46; thence along last said East One NO2'06'48'E 289.12 feet to the South inc of said Donation Latta Calm; theme along said South lire S87'1317'E 1842.90 feet to the POINT OF BEGINNING. Casabas 11.53 Acres of Land more or lest. 'The Basis of Bearings for this description is the Record of Survey for Broadaxes. Inc.. recorded in Book 10 of Surveys at page 2. under Recording No. 7707289002. King County records. FWC 11 -21.91 PARCELF.LEG 3.24643806 wire 0 ii'fMi1 Ili' 911111 l 1;1 1l!ii1P MCE I r W8H R■CI I1C • • PARCEL G All that certain real property situate in the City of Renton. County of Ring, See of Washington, being a potion of Government 1n4 10 and 11, tad of the S.W. 1/4 of the N.E. 1/4, and of the S.E. 1/4 orate N.W. 1/4. all in Section 23, Township 23N., Range 4E., W.M., and being more particularly described as tailcoat BEGINNING at a point on the East line of aald Gave:atom Lc 10, distant thereon 501'02'56*W 235.38 feet from the intersection thereof with the South line of Henry Meader•s Donation land Claim No. 46 thence from said POINT OF BEGINNING. along said Eat line of Government Lot 10, and the east line of said S.W. 1/4 of the N.E. 1/4 of Section 25, 501'02'36'W 1112.01 feet to a line that Is parallel with and 543.6 fat northerly of the East- West centerline of said Section 2S (measured along the Eau line of taut S.W. 1/4 of the N.E. 1/4): dtence along said parallel lithe N87•57'42'W 1908.19 fat to a line that Is parallel with and 60.00 fees Eau of We Eau line of the Burlington Nardero Railway right-o{-way: hhent along last said parallel line NO2•06'48'E 554.48 feet; thence N04•08'49•W 550.24 fat w a point on said Est line of said Burlington Northern Railway tight-of-vary. distant thereon S02'06'4811/ 289.12 feet from the bier:onion thereof with the South Line of said Donation Land ClaIm No. 46; thence S88.16'SS'E 1847.57 feet to the POINT OF BEGINNING. Contains 46.06 Acres of Lad more or less. The Basis of Bearings for this desaipton is de Record of Survey for 8roadacres, Inc.. recorded in Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records. FWC 11 -27-91 PARCELO.LEG 3-2464-3806 '`'r g9pq�1H Aglall7!'Iltlt 1fulriplfanlill1!p' P 1IIIf I Till IIt • • Si6ISIT e - E118HM Legal description of Helen Nelson property leased to McLeod under longterm lease j gGAL o!SCAIPT10g That portion of the Henry Meader Donation Claim No. 46 in County. Waahington,lgy! Township the east line of the.p.8.P.Rinq Lighty, g vest of the vest line of the C.M. i Ht. Light Co. bady right of way, Paul Asiltbad sight ofyvay. north of the north line e_t the City land conveyed to RoberteR. Lowey • d Vinon$ line but of instrument filed under Auditor's file So. $006171210, records of said county. 9601231152 E$SIIINtiT AGE VMS= IS 8 1 ( 1—r""P ype,r,pP1 r'pU P"FM !P 111 NI111111/1111'IAI1111191 . • • 9601231152 • 1 McLeod Property (South 9.34 acres) D11CR*PT10D: ALL TWAT 701!1011 Of OOVUNISST LOT 11 A10 ALL 1MAT PO1T101 01 5[307 M1AOt% 00WA710W CLAIM S0. 13 IN 7221 WORTS 1/10P TN1 N0T211117 1/4 AN0,7MAT P0071011 Al TiorsOUTORAST 13 W0R70,. RAYOE 11/437 Ms 000:320 1/•1 'TOAT1D 122 SECTION 11. TOWMSUP 1 AS LOCATLD7A18 CONE CTU. AS C01V*VU BY DUD LRUOUEO Nan UR 3U SDIro 12201. *13141 ARD {03333; OS TEE EAST ST A LIME DRAWN PAEALUS, 11211 AND DISTANT SO PIET fSTlRLY MUS0RED AT RIOT A1OLE1 TO OOSLIMOT03 M0ITSUI RAILROAD CO PAW'S 010 NAZI LAIR 704211 C1MTEILL1NI A3 Nov LOCATED AO COIIT1OCl13i OS 711 30018 3Y A LIST DUNN PARALLEL ETV OD DMUS 310 PET UR07l$ULT AT 11017 ANDLIE TO 121 10071 LINE OP SAID 00Y1RORRt LOT 11: .,,,�• . AS CalrirtS0 urn on SU. 1.511 PI/1111211 *10X7 -� MARGIN 100 111 37872 OP '111AsTTLt. ? 0110 11000830 31310 1100011110 00. 1111017: 8C1Pr T47 PORTION TW1RUf. DUCRISED AS 1102LCV11 • SUI31110 AT A 70117 ON US SOOTS LIU 07 RAID 80/4110/ MAMA= 111 UST ols 11022101 O1A3TERLYEA MS:AR:2 07100 A1AW8 SA10 11G!!M 11L.1I1S0AS D OPISAID 'SOY: DONATION CLAIM; 7MINCS IOR1MUSTEA.Y M1A30RU AT M10Mi ANOLIS TO SAID SOUTH L101 A OI3TAWCE DP Ulna 30 PUTUlna WISURLY PARALLEL VIII SAID SOWN LINT TO SA10 WTIRLY MA1315 OP 4 ID 0310400. MILNAOWII. 1T. PAUL A PACIf10 SAILROAV RIOT- OP.MAY: !MU1e1 1oUTM11LY ALONG SAID *41110040 u0MT -af -WY TO 2111 P012? OP 1R03NNI10: 1MCIy? ALL COAL AI2D M1M*RAt1 AND 281 PIOIT TO QPLOME 101 AMENS TIE SAME. Al COMM 1Y DUOS RECO201D MMES MIND COUNTY SET11R01110 NOS. 1503010100 AND 1504010103: SITUATE IN 181 CITY 0P TOEWILA. 103NTY.OP 3150. STAYOP DA11106101. EASEMENT AGBSUEN2 EXHIBIT E B 2 • 1$11t igCrr C llm of mnoll! 'W 1 !I "DPW' 111! 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MRS ON LIES. 70 tss OwjMlIO; l0017111I! 0172 UAW *087103 as 11GT1D 201111 LOAD s1Rti7 ADJOII*RD. 1811; 01011 YAU7io1; A7fACI20 ID SAID PROM?? 8Y 0PM4Ti011 OP LAD: ROM! 4047100 77MOOP co3Y1Y10 TO WW2 *NATI OP 00140190 70R POIRART W7AT1 1101347:40. 1. JCT. DE* 3 .41 Toni'. loss I0. S 11 114102. OT OS= Mono CODED RO0020IPO 10. u014101 O 170071 in 70 0117 01 188*01.4. 800117 01 11*0. /7A23 01 3113100101. DASIDUINT AMUSEMENT .Q. '.la 8118I2IT 8 x. '±��" if ,11.111!1111111 MR111I,i1DARV, 11111 1IUD111111111II • • FXBISIT C - PASPillarr rm• — .11.7r3P• qol- • .11 11"9 , -11 1 .....:1.107..,..., ... •, .....,.....::•-•,-,-; - - •,,,t1:4••••■•••1;r•-••■•••••• ..., ' --.. '...s.'`..----'t"- .;,-,..'_":`..-. :,.',:,7,"_-.:..- •-..-:-',•;.:% . a; . (• !• ■,r..."-....-"I. 1.7...._,,,:' .........:„: ,. ..l ' :;.,,i1,..•—• ..::.,-,..e.ii.4?1 . ..;.. ,..... .: ,- • ... ... . . ._...,„ •.... • . i 1../ ,,, f for, •.t. •'. s . . ' • .- •-•'.' -•,.: . .., .. -•,,,,LA..),....'Ir i • •"•2 : •• • . '.;......:^4..„,..........m:-.:.-..-...-:„••• 4'. 1 I • h •1 ••••"" •r:•••'•-•!-""••••Ai"•—•-' . • • • • ' • ....IS ' '—.::?-7*.q7b-f-tmr1IIPTI! III I pill 1 Irmo! 11' 111 'I II I 11 /I 1910,111) a ■•• 9601231152 • M Figure 2 -1. Site Plan for Proposed Action, Office Park (Dispersed Pattern) CRY OF TUKWV_,I 6200 SOUTH_ CENTER 3L VD. TUIKWILA, WA 98188. A & FILE #mil_- _3 DATE 3 c4� --1— V (',Q C DEVELOPER_S._AGREEMENT THIS AGREEMENT is made and entered into on 3 28 -`1 between the City of Tukwila. a Washington municipal corporation (hereinafter referred to as "City"). and McLeod Development Company (hereinafter referred t0 as "Owner "). WITNESSETH WHEREAS Owner :;wens and /or leases certain real property in the City. which is legally described in Exhibit A, and hereinafter referred to collectively as the "Property" and is generally located between Burlington Northern Railroad ( "BNRR ") and Union Pacific Railroad ( "UFRR" ) tracks, from approximately 760 feet south of the proposed extension of the centerline of S,tran.der Boulevard. then north to 1405; and consisting of the portion of the Puget Sound Power & Light ( "PSP &L ") right -of -way generally situated between I405 and South 158th Street and the portion of the FSP &L right -of -way generally situated between the Embassy Suites parking lot and approximately 250 feet south of the proposed centerline of Strander Boulevard; and WHEREAS, owner made application to the City for SETA Review, received a Mitigated Determination of Nonsignificance and Board of Architectural Review approval for Larid Development and Building Construction Permit for an exhibition center on the Property (hereinafter referred t0 as "Northwest t Expo Center "); and WHEREAS, the resulting change in potential use of the Property will create associated impacts and create certain benefits for the City and Region; and 1 WHEREAS, the development of the Property will necessitate extensions of City sewer and water limes; and WHEREAS, the development of the Property will require additional public storm drainage systems to accommodate development drainage and improve the existing drainage system serving this City storm drainage basin; and WHEREAS. the development of the Property will create a need for vehicular access from West Valley Highway via Strander Boulevard and South 158th Street, and additional future public right -of -way; and WHEREAS. the development of the Property will create an increase of vehicular traffic on Tukwila and adjoining City of Renton public right -of -way; NOW. THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1 RESPONSIBILITIES OF OWNER 1.1 SEPA Mitigation Requirements As a part of the development of the Northwest Expo Center on the Property, the Owner agrees to provide the SEPA mitigation requirements through conditions of this Developer's Agreement or as shown on the final approved development plans. All construction shall meet City standards. other mitigation or SEFA issues required by the modified mitigated determination of non- significance dated October 1991. 1 . 2 Site Storm Drainage System The Owner acknowledges that the proposed development will have an impact on the storm water facilities in the area of the Froperty. The Owner acknowledges further that this Property will be benefitted from the installation of a 48 inch diameter outfall from the Nelsen- Longac.res Drainage Basin ( "Basin ") which will be constructed through the embankment beneath the BNRR tracks and provide a connection between the system shown on the Northwest Expo Center plans (KCM Nelsen- Longacres Drainage plan) and the line as shown on sheet 101 of the Customer Service and Training Center Site Development, Southwest 16th Street Improvement, 48 inch Storm West of Southwest 16th Street, plans dated October 1992, on the Boeing property in the City of Renton. 1 . 3 Drainage E;u sements The Nelsen--Longacres Storm Drainage Basin shall drain to the 48 inch diameter BNRR under- crossing and through the Southwest 16th Street line to the P -1 interceptor channel. Drainage easements mot- connecting from South 158th Street to the westerly boundary of M the BNRR railroad undercrossing. where the 48 inch diameter d- outfall crosses beneath the BNRR, and further north to the I405 O right -of -way from the BNRR under- crossing will be needed. The Cr) Owner shall dedicate an easement for drainage across the Property from South 153th Street to the 48- inch outfall, to the BNRR undercrossing and an easement from the 48 inch outfall undercrossing north to 1405, as shown in Exhibit B. The Owner shall prepare an easement from BNRR, and the City shall obtain an easement from BNRR, for routing the 48 inch storm line and casing beneath the BNRR. The City acknowledges that the dedication of the easements on Owner's property is for storm drainage and benefits the entire Basin drainage system, including Owner's property. The value of the Owner's easements shall be allowed as a credit to the assessments as levied against the Property in related LID Agreements. The credit amount shall be at one -half the appraised value of fee simple property within the dedicated easement. If 3 no LID is formed, the Owner shall be provided a Latecomer Payment Agreement. 1.4 SiteSwerrvi Sewer to serve the Property will be constructed by the Owner at Owner's expense to meet City standards connecting into the City manhole on the southwest corner of Parcel 2 in Exhibit A. 1.5 SiteWaterSery The Owner recognizes the need to TDrovide City water service to the Property. A 12 inch water line will be constructed providing a loop between the existing Seattle Water Department tap and the West Valley 12 inch water line. This water facility shall be constructed at the Owner's expense and dedicated to the City . cr.-) pursuant to a City Standard Utility Extension Agreement. The "Ct water loop system shall mitigate the difference in pressures CrI between the systems. ■114- ■dr- CT) 1.6 Water and Sewer Easements Water and sewer easements shall be provided by Owner along the western edge of the property northerly to the extension of South 158th Street (Longacres Access Easement) and westerly in the Longacres easement to the east end of the South 158th Street right-of-way. The Owner shall pay for easements for the extension of the water line and other utilities to .serve Property across the PSP&L, the UPRR and City of Seattle (CRP 04) right-of- ways. The City shall actively pursue the issuing of easement permits to install the City water line and other utilities following application by Owner. See water and utility easement map - Exhibit C. Owner acknowledges that the proposed development will have an impact on the water facilities in the area of the Property. Owner acknowledges further that this Property will be benefitted 4 by connection to these water facilities which provide new service to the Property. 1.7 Transportation impacts - City of Tukwila Owner acknowledges that the development of the Property will create additional vehicle traffic in the City. The Owner agrees to contribute a swn not to exceed $343.853.00 for the construction of transportation improvements to mitigate its traffic impacts. These moneys shall pay for off -site intersection improvements within 200 feet of the intersections, except 1 . 7 (au. as identified in the SEPA document and as follows: a. Interurban Avenue /Grady /405 $185,000.00 b. West Valley /S. 156th Street $ 43,000.00 .4(1- ,.. West Valley/S. 158th Street $ 47,000.00 Cr) d. West Valley /Strander Boulevard $ 30,000.00 e. West Valley /S. 180th Street $ 38,853.00 O One -half of these off -site traffic and road mitigation contributions will be paid to the City at the time of issuance of the Building Permit for the Northwest Expo Center. The other half will be paid at the time of, and is a condition to issuance of the facility's Certificate of Occupancy. Amounts deposited. plus interest received by the City, shall be refunded to the . Owner within six years of issuance of Building Permit if improvements to correct identified impacts are not constructed. Ni 1 . 9 Transpgrtatvn Impacts - City of Renton The Owner acknowledges that the development of the Property will create increases in City of Renton transportation needs clue to additional vehicle traffic identified in the SEPA document. The Owner agrees to contribute an .additional sum not to exceed $187,122.00 for the construction of transportation improvements to mitigate its traffic impacts iri Renton. These moneys shall pay for either capacity or intersection improvements as follows: a. 180th Street - $162,729.00 b. Grady Way - $ 24,393.00 The transportation impact mitigation fees shall be used specifically for transportation improvements on the routes listed. One-half of the off -site road mitigation contribution will be paid to the City of Renton at the time of issuance of the Building Permit for the Northwest Expo Center. The other half will be paid at the time of issuance of, and is a condition to, the facility's Certificate of Occupancy. If the City of Renton Valley Transportation Plan update occurs after the issuance of the Building Permit or Certificate of Occupancy and the calculation of impacts is less than set forth above, any difference shall be refunded to Owner. Under no circumstances shall the Renton mitigation contribution by the Owner be increased. The total amount deposited plus interest received by Renton for the South 130th Street improvements or Grady Way improvements or both shall be refunded to Owner within sir years of the issuance of the Building Permit, if either or both of the improvements are not constructed. 1.10 South.._158th_ Street Improvements to _Public_Standards The Owner acknowledges that the development of the . Property pursuant to the permits will create transportation safety and capacity needs'on South 158th Street to serve the site. The Owner agrees to .improve South 158th Street between West Valley Road and Nelsen Place as shown on plans for Street Improvement, South 158th Street (SR 181 to Nelsen Avenue), October, 1936, provided by ti,-_ !pity, excluding those improvements made by Embassy Suites. The $47,000.00 allocated in Item 1.7 shall be applied to and used for these improvements. If costs are more than the $47,000.00 allocated, Owner will pay the additional costs. The Owner also agrees to improve the Longacres Access 6 easement from Nelsen Place to the Northwest Expo Center (whose beginning is the easterly boundary of the FSP &L) to City Street Standards. The Owner agrees to complete these South 158th Street road improvements prior to, and is a condition of the issuance of the facility' s Certificate of Occupancy. 1.11 Trap p<_rtati n Imaacts - edc trian Owner acknowledges that the development of the Property will create increases in transportation need for pedestrian traffic improvements.• The Owner agrees to construct a 15 foot wide trail section, whose width may be adjusted at power pole locations, within the PSP &L right -of -way on a mutually agreed upon location. The limits of the trail section shall be in that PSF &L right -of- � way. north of a line approximately 250' south of the proposed Mcenterline of the Strander Boulevard extension and south of I405 on which the Owner has previously obtained lease agreements. O The Iriterurbari Trail design on the PSF&L 15 foot right -of -way shall be accomplished by the City and plans and details furnished to the Owner as needed. The trail shall be built in accordance with designs furnished by the City or the City may charge the Owner for all construction expenses, including administrative costs and overhead. to bring the trail into conformity with City design. The construction of the interurban Trail shall occur with the construction of the parking areas to be constructed on the FSr &L right-of-way. Completion of the Interurban Trail shall occur prior to the issuance of . and a condition of Certificate a- is i f the C rt' of Occupancy. 7 1.12 Strander Boulevard Improvements to Public Standards Owner acknowledges that the development of the Property will create transportation safety and capacity needs on Strander Boulevard to serve the site. The Owner agrees to improve Strander Boulevard between West Valley Road and the FSF &•L right - of -way to City standards, excluding improvements made by Taco Bell. The s3o.o0C).0o allocated in Item 1.7 id) shall be applied to and used for these Improvements. If costs are more than the $30,000.00 allocated, Owner will pay the additional costs. The Owner shall extend Strander Boulevard as a private road from the eastern terminus of Strander Boulevard right -of -way to the western edge of the F'ropeerty as described in Exhibit A. Strander ti Boulevard access to the Property shall include an at- grade 0—) crossing of. both the FSP &L and UPRR right -of -ways. The road will have 2 - eleven foot lanes with curb and 6 foot sidewalk on the north, 3 foot shoulder on the south, and an at -grade crossing as installed by UPRR, The private street. sidewalk, necessary Cr) utilities, railroad crossing, and miscellaneous improvements at Strander Boulevard over ESP &L and UFRR, will be at Owner's sole expense. The Owner will design the - .private road. sidewalk. and utilities extensions to applicable City standards. except on !JERE: property. An executed agreement for crossing the UPRR will submitted to City .prior to issuance of the Building Permit for the Northwest Expo Center. The City will obtain a Deed or Owner will obtain an easement for property crossing PSF &.L. The. Owner shall be responsible for the purchase of right-of-way from r' Sr` <•.:. The Strander Boulevard access/utilities easements or permits shall be considered a secondary access to the facility. 1.13 Future : t.rander Boulevard Public Roadway Extension The Owner acknowledges the intent of the City to create a through street by extending strareder Boulevard to the western boundary of the City of Renton. A 60 foot right -of -way has been reserved for the public street. The Owner agrees not the protest the 8 extension of Strander Boulevard and further agrees to sell the reserved 60 foot right-of-way for $1.82 per square foot as a condition of a re-zone. Any purchase of right-of7ways which occur as a part of the private road access (Item 1.12) shall apply as a dollar-for- dollar credit to any future LTD to extend Strander Boulevard. 1.14 Future_Eyent_Traffic Mitiaation The Owner agrees • to work with the City on an on-going basis, as described in this section to mitigate through operating measures, any unanticipated traffic safety and capacity impacts resulting from special events at the Property. A Northwest Expo Center staff/advisor with Professional Traffic Engineering expertise will work with the City representing the Northwest Expo Center to Cr) -41d- evaluate problems, determine solutions, and facilitate solution Cr) implementation for regular re-occurring event related traffic in 'mot the vicinity of the Northwest Expo Center site. miQh CT) The work is to include necessary coordination with Metro, WSDOT. Tukwila Police. Washington State Patrol, Tukwila Fire Department, neighbors and others involved in particular traffic control and access plans that will provide mitiaation of Northwest Expo Center traffic impacting safety and capacity of other vehicle and pedestrian traffic. Work and solutions may include plans and revisions to manual traffic control, special event signing. special event signal operations and implementation, the communication with effected or permitting agencies or neighbors and similar operational measures. This section, Section 1.14 does not authorize new fees for intersection work or construction. 1.15 Owner's Mitigation Obligations The payments, easements, work and all other obligations to be performed by Owner under this Agreement constitute.Owner's full 0 SEPA and other code mitigation requirements for the utilities, streets and other infrastructure covered in this.Agreement for development of the Property as the Northwest Expo Center. 2. RESPONSIBILITIES OF CITY 2.1 Benefited Area and Assessments7Facilities The City acknowledges water line extensions and storm drain easements and improvements, including regional detention/ biofiltration which will be constructed by Owner, will directly benefit other preperty in the Nelsen Flace-Longacres Basin not owned by the .Owner and which cannot be legally described until the extent of the improvements has been determined. Pursuant to RCW Chapter 35.91. or other applicable law, the.Owner agrees to develop and the City agrees to approve and adopt, with any appropriate changes. a Latecomer's Agreement. The Latecomer's Agreement shall be designed to reimburse Owner for its costs on a pro rata basis and to assess any other owner or developer of real Cr") estate who will use the water and drainage improvements. The Cr) Agreement is to be drafted by the Owner, modified, if md- appropriate, and approved by the City at the time the facilities are turned over to the City for City review and approval. The CT) pro rata share for any one parcel of real estate contained within the benefited area shall be proposed by the Owner subject to approval by the City. The pro rata share for each parcel shall be shown on exhibits to be attached to the Latecomer' s Agreement. The City agrees to pay Owner all sums collected. if any, pursuant to the Latecomer's Agreement within sixty (60) days after receipt thereof. Reasonable costs of administering the Agreements shall be charged to other properties. Payments shall be made until the total of said payments equals the cost of constructing the facility less Owner's pro rata share or fifteen years from the date of the Latecomer's Agreement. whichever occurs first. 10 2.2 Nelsen Place Improvements The City shall fund the installation of curb & gutter, and adjust storm drainage and ire -fill paving on the easterly street section of Nelsen Place between South 158th Street and South 156th Street. If the Owner installs the improvements pursuant to a City request, the City shall make payment within 30 days following completion of work. 2.3 Strander Boulevard - Union Pacific Railroad Undercr. sing The City acknowledges the benefit to have a UPRR undercrossing project completed as a part of the larger effort to connect Strander Boulevard from West Valley Road to Southwest 27th Street in Renton. ti (Y) The City has selected the routing of 'Strander Boulevard extension Crl by reserving a route across the Northwest Expo Center property. mot O Q) The City can form LID's for roads and utilities servicing properties within the City, and the City agrees to form a Strander Boulevard-UPRR tindercrossi.ng LID in either of the following circumstances: a. Termination by UPRR The City recognises that the Strander Boulevard access to the Northwest Exhibition Facility is a private, at-grade railroad crossing which may be terminated by the UPRR:. If the at -grade UPRR crossing agreement is terminated at any time after the Northwest Expo Center construction begins or has been completed. the City agrees to form a Phase • One Strander Boulevard-UPRR Grade Separation LID. Phase One J LCD shall } L 1 be formed in a timely manner to construct a minimum 2 lane undercrossing. The Owner agrees not to protest the formation of the LID. 11 b. Traffic Conflicts If in the operation of the Northwest Expo Center there appears to be safety, traffic, ingress /egress conflicts, or other impacts judged to be reasonable by the City, which might be better resolved with a Strander Boulevard -UPRR undercrossing, the Owner and City may mutually agree to form a Phase One LID, with a petition from Owner. "Phase One LID means an undercrossing of UPRR of a two lane street with a minimum 13' -6" clearance. When forming any Phase One LID, the City will contribute to the LID a preliminary engineering design report, purchase of the right -of -ways, bridge and road design, specifications, estimates, permits, and a contribution not to exceed $300,000.00 towards construction cost. Construction cost occurring greater than the aforementioned contribution will be secured through the formation of the LID. The City agrees to work with the Owner or Owner's representative during the design and construction to minimize disruption and confirm that the interest of both parties are met as far as possible. The City will place the Strander Boulevard -UPRR project on its Six Year CIP, and a design report for the entire Strander. Boulevard Extension will be programmed for 1996, subject to adoption by the City Council. The City shall begin the Strander Boulevard Extension Design Report prior to the the formation of any LID. Owner retains its rights under law to contest the amount of the assessment allocated to the Property but Owner expressly waives any rights to protest formation of the Phase One LID. There is presently, and will be needed in the future, an at -grade crossing of the UPRR for over - height vehicles to service the existing utilities between the BNRR and the UPRR as well as to allow access to the Northwest Expo Center for over - height loads. 12 The City agrees to incorporate in the Strander Boulevard extension Design Report alternatives for a continuous at -grade crossing at a mutually agreeable location, as reviewed by UPRR, PSP &L, Metro, Olymic Pipeline, City and Northwest Expo Center. 2.4 48 Inch Diameter Storm Drainage Outfall The City acknowledges the need for design and construction of a 48 inch diameter storm drainage outfall line from the Nelsen - Longacres storm basin, beneath the BNRR track, and connecting to a catch basin on the Boeing - Longacres project (Southwest 16th Street). To accomplish the installation of the 48 inch outfall and control structure, the City agrees to have the Northwest Expo tom- Center design and install the outfall to the Boeing Project 48 C) inch terminus, as a part of the overall Northwest Expo Center Project, with a reimbursement for actual cost not to exceed .1104- $300,000.00 from the City within 30 days after the actual cost O wszt billing for design and construction is recieved by the City. Q7 A permit to install the 48 inch culvert beneath the BNRR will be prepared by the Owner and obtained by the City. The City shall arrange for easements and access to work on Boeing property. 3. NON- WAIVER - EXTENSIONS Failure of either party to insist on the strict performance of the terms of this Agreement shall not be construed as a waiver or relinquishment of that party's right thereafter to strictly enforce any such term, but the same shall continue in full force and effect. 4. BINDING EFFECT This Agreement shall be binding upon the parties, their respective heirs, legal representatives, assignees, transferees and successors. This Agreement runs with the land, but this Agreement shall terminate automatically if Owner does not develop 13 (or abandons development of) the Property as an exhibition center Owner shall be entitled to receive Latecomer payments as stated in Section 2. This Agreement may only be amended by written agreement of the parties. Each party warrants that it has the authority to enter this Agreement. 5. RECORDING This Agreement shall be recorded with King County and cost of said recording shall be paid by the Owner. 6. ATTORNEY FEE S In the event that either party shall commence litigation against the other in order to enforce any term or condition of this Agreement, the prevailing party in such litigation shall be entitled to recover its costs, including reasonable attorney C fees. Cr 7. EFFECTIVE DATE The responsibilities of the Owner under this Agreement are contingent upon the issuance of the requested approvals for the :Project.. No obligation will arise-until the issuance of such approvals and Owner's decision to start construction of the Northwest Expo Center on. the Property. If Owner elects to proceed with any of the improvements) set forth herein before the issuance of such approvals . and after installation of the improvements elects to abandon its development then, and only them will Owner and its successors and assigns be entitled to the benefits related to Latecomer's Agreements set forth in this Agreement, provided such improvements are approved and accepted by the City. . COOPERATI "ON The parties agree to mutually ct.)operate _ .)operate to im lenient this Agreement and each party shall take all reasonable actions Necessary, to accomplish the purposes of this Agreement. By T E ATTEST/AU ENT TED : E. Cantu, City Clerk APPROVED AS TO FORM OFFICE OF THE CITY AT ORNEY: B % y 15 OWNEP Stuart McLeod, esident McLeod Development Its By Its STATE OF WASHINGTON ss COUNTY.OF KING I certify that there appeared before me persons that I know or have satisfactory evidence were JOHN W RANTS and JANE CANTU, who signed this DEVELOPER'S AGREEMENT, on oath stated that they are authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of the City of Tukwila, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: 1Nl a-wiL. Z g 914 Notary Publ'lc in and for the State o Washington, residing at rx� C c5";V My Commission Expires ,4-11y 16 STATE OF WASHINGTON). SS COUNTY OF KING h� l On this 3\ day of .Jc� nucvviA , 19014 , before me, the undersigned, a Notary Public in and fo'r the State or Was ington,. duly commissioned and sworn, personally appeared h oc..,rt , to me known to be the President of McLeod Development, a Washington corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument and that the seal affixed (if any) is the corporate seal of said corporation. C-L..e ", WITNESS MY HAND AND OFFICIAL SEAL heret aff .'-. and year in the certificate above -wri' gin.,/ /� OFFICIAL NOTARY SEAL : DONALD L MILES Notary Public STATE OF WASHINGTON My Commission Expires AUG 14.1995 17 the NOTARY PUBLI in and for the State of ashington, residing at re� `�e�6Ue. My commission expires 14 Yic\ tSc EXHIBIT A Legal Descriptions Parcel 11 Tax Lot 242304- 9034 -02 4.70 Ac DESCRIPTION: That portion of Government Lot 8 in Section 24, T23N, R4E, WM, and the Henry Meader D.C. No. 46 in said Section 24, described as follows: Beginning on the east line of the Chicago Milwaukee and St. Paul Railway right -of -way 137 feet south of the north line of said Henry Meader D.C. No. 46; ti Thence easterly and parallel to said north line of the D.C. C',-) 285.54 feet, more or less, to the west line of the Northern Pacific Cr") Railway right -of -way; god- Thence northerly and northwesterly curving to the left along Q": said west line of the right -of -way 916 feet, more or less, to the southerly line of the Renton Junction County Road No. 1139 (South 153rd Street); Thence south 80 °49' west along said southerly line of County Road 80.7 feet, more or less, to the easterly line of said Chicago Milwaukee and St. Paul Railway right -of -way; Thence southerly along said line of right -of -way 881 feet, more or less, to the beginning; 18 Together with that portion of vacated South 153rd Street adjoining, which upon vacation attached to said property by operation of law; Except portion thereof conveyed to the State of Washington for Primary State Highway No. 1, Jct. SSH 2 -M to Jct. PSH No. 2 in Renton, by deed recorded under Recording No. 55077460; Situated in the City of Tukwila, County of King, State of Washington. 19 Parcel 12 Tax Lot 000580- 0013 -03 9.60 Ac A permanent easement for access and utilities in the SW 1/4, Section 23 and the NW 1/4, Section 25, T23N, R4E, WM, in the City of Tukwila; Said easement described as the westerly 22 feet and the easterly 22 feet of the westerly 275 feet between the Seattle Water Department C.R.P.L. #4 and the access easement from South 158th Street, and the South 158th Street access easement of the parcel of land described as: That portion of Henry Meader Donation Claim No. 46 in Section 24 and 25, T23N, R4E, WM, lying west of the BNRR right -of -way, east of the Oregon - Washington Railroad and Navigation Company right -of- way and south of a line 137 feet south of the north line of said donation claim and north of the City of Seattle Bow Lake pipe line right -of -way; Situated in the City of Tukwila, County of King, State of Washington. 20 r: Parcel #3 Tax Lot 000580- 0021 -03 DESCRIPTION: 9.15 Ac All that portion of Government Lot 11 and all that portion of Henry Meader Donation Claim No. 46 in the north 1/2 of the northwest 1/4 and that portion of the southeast 1/4 of the northwest 1/4 all situated in Section 25, T23N, R4E, WM, bounded as follows: On the west the Chicago, Milwaukee and St. Paul main track center line as located and constructed, as conveyed by deed ti recorded under Recording Nos. 453941 and 453943; Cr) gozZr On the east by a line drawn parallel with and distant 50 feet Cr) westerly measured at right angles to BNRR Company's old main line �d- 0 track center line as now located and constructed; On the south by a line drawn parallel with and distant 330 . feet southerly at right angles to the south line of said Government Lot 11; On the north by the south, margin of the City of Seattle, by deed recorded under Recording No. 4131067; Except that portion thereof, described as follows: Beginning at a point on the south line of said Donation Claim and the east margin of the Chicago, Milwaukee, St. Paul and Pacific Railroad right -of -way; 21 Thence easterly a distance of 120 feet along said south line of said donation claim; Thence northeasterly measured at right angles to said south line a distance of 80 feet; Thence westerly parallel with said south line to said easterly margin of said Chicago, Milwaukee, St. Paul and Pacific Railroad right -of -way; Thence southerly along said railroad right -of -way to the point of beginning; Except all coal and minerals and the right to explore for and ti mine the same, as conveyed by deeds recorded under King County CT) Recording Nos. 8404050908 and 8404050909; CT) Situated in the City of Tukwila, County of King, State of Washington. EXHIBIT B Storm Water Easements a-ITUT1%J1`T'.11 \IIHrl' *-.I ■ _ 1 hU�� i 4^ . 4 r1'\ 1]2`.171 1)26.16 . w6 4'1; LT,` dl 1 • 0.0 Si. / z ' 1 ,•C i O9 woe ` ' +♦ O 1 s30 s• Ittpt•1 J 1 fr ` AI. taw. ar i nn ro OT r .r ruMMl�a Ai tw 'y a ;J9 y 1 II w 11 A • i '" fit^ •' C. ■ 1 t�t1'__ t v TI ...." N $ I) .6 1., t‘ TACOMA P. S. E R I '` t / N IS IER .SEATTLE & .,,a _ t `� < 1 : o ‘b ‘ ''''P .‘ ‘.\ ......7.r.„,, . , .. f,.'; :a . _ . __. —. — . —I SI • . t l's Its 14 \ \ !IL,;..1.':',! -I T.., n3 ■, ''..2.13 0. \ - o J M • MN an.11 �i • 1 •n» ' O Nr.,.•aaa oT' p \ • I I — -- ac•�4aa au.y Z C. K ST. P. 6 P 6 UNION PACIFIC RR: ∎I I UPRR r -° \ (JO1nIT use) \ b � ? ,.� 'I. u C. NI ST. P. & P. 6 UNION PACIFIC RR. kz / I 1 O• E S MT o of ICI 11 s. \ N [Sr ' I /. /•,. • • i. C 6 . ...... 1, I M V rum. LITY �� ,.. "'...,. ..........'.''''' .. .. .. TYR/�141� A " // _ u,, IT.1 O % /// %iii % % /.""". % / % / / / /l' .. . . ' .. !11 t0 M — A LI 11 -are Qa1MTIM 777.• I11 . V. l SSA MLT 11MC1 ICI f (Ra. �.a A.I.Mw �M) p Y Ir (,pgt 00 B. N. 1. x'11 (e.aT ao.*P NMOatt M.t m.31SA w.) BNR9 A O 1. i� Tt'- '".i! +�� aIL 01.4 c.rr I-.MI Ts r Tow OAO aoa0 I`1 _ 1 1 •901 ■ ••s• /O.. .a(auA� lwo) -4��� .—� ga Mt•oT•3 E if T..1 OtN1 W. yM 40494044 I I anti `ve N •O ••a 1' '' \ 4 i °I 1 = JACKSON AVE SW t T'JTM ASPS 51 JACKSON AVE SW ' 1 11 i • >t • / r II .4. 1 0 R ----\ • N O- 55— b E 132 4.67 -- 1321.66 5e4 50 Z••Z5•• SE 24 23 - 4 YIIs- -.. . 1 EXHIBIT C Water System Easements 1 I.7 • LB- OUP .7 • • M 7- .. •CAN .n.Ylr we.. OAP .. • 111111111■� /// // vi /iiii V././ /Z. JI•/I/134„ a J L. y N w y /Ier A� J\. b N. •l ✓ D/n •1 1� i5,Ik • ▪ c STATE OF WASHINGTON ss COUNTY OF KING I certify that there appeared before me persons that I know or have satisfactory evidence were JOHN W. RANTS and JANE CANTU, who signed this ADDENDUM No. 2, on oath stated that they are authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of the City of Tukwila, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: /J 7 ,19`I''7 111,11,4 1 L' .tk_Notary Public in and for the State of Washington, residing at- My C : ission Expires 5 /9fro `�. Ahvyk.c ,t d a!f -,r. m �oyi anco/, ??», y /1.1-t 6rk7 4 • 0 PITY BLVD. TUKWI A WA 98188 0 2°) T /7 WATER SYSTEM EASEMENT FOR GOOD AND VALUABLE CONSIDERATION, receipt whereof is hereby acknowledged, Grantor, HELEN NELSEN, hereby conveys and warrants to Grantee, the CITY OF TURWILA, Washington, ite successors and assigns, a perpetual, nonexclusive easement under, over, through and across the property described below for a water eyetem consisting of a 12 inch water pipe, existing and future sewer, and associated improvemente reasonably and necessarily related to construction and maintenance of such pipe. This easement may also be used for the construction and maintenance of other utility lines if it is determined by the Grantee that the location of this easement is p r practical for this additional devalopment, whether now or later. The easement property is described ae follows and is illustrated in the sketch as marked Exhibit A to this document: PARCEL A get A permanent easement for access and utilities in the SW 1/4, Section 23 and the NW 1/4, Section 25, T23N, R4E, WM, in the City of Tukwila; O Said easement described ae the 10 feet south of the CT; centerline of the Longacree Access Easement beginning at the terminus of South 158th Street to the easterly boundary of the Union Pacific Railroad turning and running south on the westerly 10 feet of eaid property to the Seattle Water Department C.R.P.L. +4. This utility easement being located on the parcel of land described ae: That portion of Henry Meader Donation Claim No. 46 in Section 24 and 25, T23N, R4E, WM, lying west of the Burlington Northern Railroad right- of -vay, east of the Oregon - Washington Railroad and Navigation Company right -of -way and south of a line 137 feet south of the north line of said donation claim and north of the City of Seattle Bow Lake pipe line right -of -way; Situated in the City of Tukwila, County of King, State of Washington. Grantee shall allow service to Grantor's property, which is between the Burlington Northern and Union Pacific rights -of -way, in this easement area. Grantee shall not impede Grantor's current drainage. After construction, Grantee shall restore the ground surface as nearly as poeeible to the condition in which it was at the commencement of the work. 0 Grantee shall have the right at all times to enter the premises described above for the.purpoee of inspecting, maintaining, improving, repairing, constructing, reconstructing, locating and relocating the water line and associated improvements, and, temporarily during construction, to the adjacent ten feet of Grantor's property for construction access. Construction shall occur et) as to minimize impact to traffic on Longacree Way. Nothing in this Agreement shall prevent Grantor and the same or another Grantee from utilizing thie same easement for construction and maintenance of water or sewer line, if determined practical, whenever required now or in the future. The coat of any inspection, maintenance, improvement, repair, construction, reconstruction, location and relocation of any public lines and improvements shall be borne by Grantee. Grantor named may personally pave, or permit to be paved, Grantor's property for parking lot and /or building access and to provide storm drainage for runoff caused by ouch paving, with additional costs of paving and storm drainage to be borne by Grantor. Grantor acknowledges that Grantee does not waive any rights with respect to conditions that may be imposed for other and eubeequent development. Accepted: Grantee City of ila Crl By. O Q'= State of Washington County of Ring Grantor Helen Nelsen I certify that there appeared before no am a person that r know or have satisfactory evidence was HELEN NBLSBN who signed this WATER SYSTEM EASEMENT and acknowledgedeititoeb in free and voluntary act for the .uses and purposes this instrument. DATED , 1994F Approved as to Form Office of the City Attorney City Attorney otary Public in and for the Statglof)Washington, residing at . gt-rle� My appointment expires 9-161" 0 1 I /1j ld CL:x�T i7 f 1 Wt■VL � �7i�"� - °f II I N 9748'09' W a 1 r NORTH SECTION UNE SEC. 25 1111 OW 1 N 6Co7 1 EASEMENT 296.42' I`ca I In I ri 50' ri M � In to cn CC cC I W N 0207'28" 1 a (t1 Ccc 30 • 2z1 =1n VN .` E0 N 8713'32" W 320. 7' • MVS:mc 7 -27 -93 CITY OFTUKWILA 6100 8OuTHCFNTErR BLVD. UICk'!LAr t3:4 8.91418 CITY OF SEATTLE - WATER DEPARTMENT uco.8 UTiLITY CROSSING PERMIT UO3 -015 PERMISSION IS HEREBY LIVEN to the following named petitioner. CT( �� . ee . a r a ee I. 's. o To install, maintain and operate a 12 -Inch ductile Iron water mein across the City's 50 -foot wide Cedar River Pipeline 04 Right of Way along a tine located 15-f oat east of and parallel with the east margin of the Union Pacific Railroad right of way (formerly the Chicago, Milwaukee, St. Paul and Pacific Railroad FM', all situated oast of the West Valley FreewaY ISR 181) in the NW1 /4 of Section 25 -23-4 In KJng County, WA (Book ?.tap Page 335, Kroll Pegs 345) and as shown on sheets 5-8 and S -9 of General Water Plan by Miles Consulting for 'McLeod Development, NW Expo Center', (Tukwila SP92. 0072). SUBJECT to CIry of Seattle ordinances and regulations and to the following terrna and stipulations: 1. To the fullest extent permitted by law, the Perminee agrees that the Cir! of Seattle shall not be responsible for any injury, loss or damage of any kind or doscripdon which may accrue to cr be sustained by any parson, firm, corporadon or other entity by reason cf the Permlttee's sole negligence or to the extent cf the Permittee'e concurrent negligence in the construction, maintenance, operation or use of Bald installation, or the use end occupancy of the property referenced above by the Pennines, Its successors cr assigns. In the overt any suit or action be brought against the City by reason thereof, the Permittee, its successors cr assigns ei.a 1 indemnify end save the City harmless therefrom, and shall upon notice to It of the commencement thereof, defend sue suit cr action at Its sole cost and .se and wilt fully satisfy the final Judgment rendered in any such cult or ac-Uur excaot for that portion, If any, of such Injury, loss or damage that result; In such judgment, which Is attributable to and proximately results from negligence of the City, its agents, employees or officers. 2. The Seattle Water Dept shall be notified 1386 -1800) two days before work Is begun. 3. Permlttee's use of the Clry'B right of way shall In no way Interfere with the City's present or future use of said right of_way for any purpose. Work to be prosecuted with diligence, end with due respect to all property, contracts, persona, rights end the Interests and convenience of the public. Parmittee agrees to restore the promisee to the condition found, or better. 4. If at any time the City shall Install, repair cr replace a pipeline or plpermee at said _yrster mein crowing, Permittee upon written nodce from the CIry shall temporarily remove in water main at its own expense during the City's Installation, repair or replacement end shall replace seers at its own expense under the supervielon of the City. 5. Permitter, agrees upon being billed therefor to pay for any incroese In the City's cost of Installing, replacing or repairing the City's pipelines or other City improvements resuldng from the existence of Permittee's Instelleton . CID 8. Permitter, agrees to pay m the City he reasonable cost of repair cf eny c' the C.~y'e faeilttlea damaged by the inatsliadon, operation or maintenance of Permit-tee' B Inatnl'et'on pS 7. Permit-tee agrees that the City shell not be liable for any damage to said installsdon by reason of any --construction, alteration or Improvement by the City, Its agents or representatives, except whore such damage is mused by the sole or comparative negligence of the City, its agents or employees. .4 7A. The Permit-tee shall notify rho City prior to installing cathodic protection to facilities approved by this Permit. CrYarmittee will provide, at Its own expense, appropriate corrosion conuol measures to protect the City's facilities from troy electrical current caused by Permlttee's facilities. The City will roJfy the Permit-tee cf any futures-cathodic promotion facilities Installed by the City, and Permitter) shall be responsible for Installing and maintaining stray current mitigation measures to ire facilities. The Permittee &hall Join with the City In cooperative testing for stray currant• interference. The City shall•not be responsible for sny corrosive damage to Permittee's facilities aueed by the City's existing or future cathodic protection Inetatlettons, except where such damage is caused by the sole or cvmpsradve negligence of the City, its spends or employees. 8. The City roserves the right to Institute an annual fee for this permit 9. This permit is ravocable upon thirty days notice by the Superintendent of Water. 10. This permit is not transferable. 11. One copy of this permit must be on -site during inotaiation by Permlttee or Parmittee's agent. All work shall . be completed by October 31. 1994 . (End at month 1 year from Issue date/ 12. This permit Is Invalid unlau approved by the City of Seattle and executed In acceptance by Permlt*.ee. 13. Payment of speliesdon fee: $ 500 to cover costs of administration, Inspection, etc. If costs to the City of Seattle In conjunction with this permit exceed the permit fee, Pennines agrees; upon being bU1ad, to pay such reasonable costs. APPROVED BY THE SEATTLE WATER DEPARTMENT By qe fa;... Date S /993 / r ACCEPTED BY \ ; . e By !, \.e.,... G�i 4, Superintendent of Water Tide ff.ld?U APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Date //- „..7 14 a wrist moo W cow 1t nt1- 4it'^.,f5 ECEIVED ) JUNTO 8 1999 COMMUNITY EVELOPMENT CITY OF 77.ar *ILA DOCITHCSINTIN nitssuwen CIRO- . . ! fif 41.3-;:t77.7VP; 1• niAliZA. ow wav • STORM DRAIN SYSTEM EASEMENT 3 ')Ssi FOR GOOD AND VALUABLE CONSIDERATION,•receipt whereof is hereby acknowledged, Grantor, HELEN NELSEN, hereby conveys and warrants to Grantee, the CITY OF TURWILA.,.Waehington, its successors and assigns, a perpetual, nonexclusive easement under, over, through and across the property described below-4,-parcels A, BIC and D for a storm drainage system consisting of a drain pipe and associated improvements reasonably and necessarily related to construction and maintenance of such pipe.. This easement nay also be used for the construction and maintenance of a sewer line. and a waterline if it is determined by the Grantee that tho.loaation of this easement is•preferred and practical for this additional development, whether now or later. The easement property is described as follows and is illustrated in the sketch as marked Exhibits A, 3, C and D to this documents •t 1 PARCEL A A strip of land 10 feet in width which is 5 feat on each side of the following center lines Commencing at the intersection .of easterly extension of the center -line of South 108th Street (T -Line) and the west margin of Puget Sound Power and Light•&ompany right -of -way, Thanes alonq.said wesg margQin'south 01-20015" west 15.02 fast; Thence north 87'09'106 east 100.03 feet to the easterly margin of Puget Oound Power and Light Company right -of -way to the true point of beginning! Thence north 87-09'10" oast 50.59 feet; Thence north 86 36'30" east 4.41 feet to designated point "A"I continnuing north 86 °36'30" Milwaukee3St. Paul Railroaderight --oof right-of-way terminus of said conter -line; Also, EXCISE TAX NOT REQUIRED • IGna Co. Rsoords Ondrton h oat- 4DI 33 �, . •.. ..�.. -. - .�� .• Vii' .i14''i'• ��i �'�• - lu•]i:�irAyaiY�MwQ Beginning at said designated point "A.; thence north 03-23'30" west 35.04 feet and terminus of said center -line Located in the Henry Header Donation Claim No. 46. in section 24, Township 23 North, Range 4 East, W.H.; in King County, Washington. PARCEL B A strip of land 10 feet in width which is 5 feet on each side of the following center line; Commencing at the interseation of easterly oxtension•of the center -line of South 158th Street•(T- Liiie) and the west . margin of Puget Sound Power and Light Company right -of -way; ' Thence north 87'09'10• eastsouth 150.62Ofeet; Thence north 86-36'.30" east 75.04 feet to the westerly margin of the • Chicago' Milwaukee St. Paul Railroad right -of -way to the true point of beginning; Thence continuing north 86 °36'30• east 100.76 feet to the easterly margin of the Chicago Milwaukee St. Paul Railroad right -of -way and terminus of said center -line. Located in the Henry Header Donation Claim Mo. 46, in • Section 24, Township 23 North, Range 4 Bast, W.M.:, in King County, Washington. ta-3 • PARCEL C C A 10 foot strip of land described as follows; cc*3 Commencing at the intersectin of easterly extension of the � , center -line of South 158th Street (Y-Line) and the west margin Powesouth ghC right-of-way; Thence along t1aQ Wih-0 feat; Thence.north 87 09'10" east 150.62 feat; Thence north 86w36'30" east 175.04 feet to the easterly margin of the Chicago Milwaukee Bt. Paul Railroad right -of -way to the true point of beginning; Thence along said easterly margin south 03 °39'16" nest 5.04 feet; Thence north 86236'30• east 243.76 feet; Thence north 41 36'30• east 67.54 feet; Thence south 87 °51'37" east 10.53 feet to the westerly margin Burlington Northern Railroad right -8f -nay; Thence along said westerly margin north 02 08'23" east 18.00 feet; Thence north 87 °51'37" west 12.00 fest; Thence south 02 08'23" west 5.27 feet; Thence south 41 °36'30" west 71.65 feet; Thence south 86 °36'30" west 238.38 feet the easterly margin of the Chicago, Milwaukee St. Paul Railroad right -of -way; 3� )... r _.�V•�. Q'Yi :7.. '.Y*�..�A .'• 1 • .l :'"iiAMT;eY��'.an]^!s�lYa ,:..5 /:.iW Thence along said easterly margin south 03°39116• west 5.04 feet to the true point of beginning; Located in the Henry Meader Donation Claim No. 46 in Section 24, Township 23 North, Range 4 East, W.H., in King County, Washington. PARCEL D The east is 15 feet of the following described property. That portion of Henry Reader's Donation Claim No. 46.lying Brost of Northern Pacific Railway and east of the Chicago Hilwaukes and St. Paul Railroad, Northern Pacific Railway right -of -way, and south of a line 137 feet 'With of the north line of the above Meader's Donation Claim No. 46, and lying north of Bow Lake pipeline right -of -way; Less that portion lying south of the following described lines Beginning at the intersection of the projected South 138th Street ssonumented line and the west margin of the Northern Pacific Railway right-of -way; Thence northerly along railway right -of -way a point of be innAn Thence south 87 08'08• terminus of said line. the west margin of above said distance of 17.56 feet to the true west a distance of 15.06 feet and the Grantee shall provide hookup to Grantor's existing drain line,' which is approximately midway between the Burlington Northern and Onion Papifio rights -of -way, in this easement aria. Grantee's work in the ditch area shall not impede Grantor'c current drainage to the ditch. Also, Grantee ahall permit Grantor the right to connect to the drainage ditch at varioui existing point.,. or as required, to drain Grantor's property, all subject to Grantee's permit requirements. After construction, Grantee shall restore the ground surface as nearly as possible to the condition in which, it was at the commencement of the work. • 35 1111310=m Grantee shall have the right at all times to enter the premises described above for the purpose of inspecting, maintaining, improving, repairing, constructing, reconstructing, locating and relocating the atorm.drain lines, drainage ditch and associated improvements, and, temporarily during construction, to the adjacent :,_.men feet.of Grantor's property for construction emcees. Construction shall occur ao as to minimize impact to traffic on Longacres pay. Nothing in this Agreement shall prevent Grantor and the same:or "': another Grantee from utilising this same easement for construction and maintenance of water and sewer lines, if determined practical, whenever required now or in the future. 'The cost of any inspection, maintenance, improvement, repair,. construction, reconstruction, location and relocation of any public lines and improvements shall be borne by Grantee.. Grantor named may' personally pave, or permit to be paved,. Grantor's adjoining property for parking lot and /or building, use and hook up to the system for runoff caused by such paving, with additional hook -up costa to be borne by Grantor. Grantor acknowledges that Grantee does not waive any rights with • respect to conditions that may be. imposed for other and subsequent development. Because Grantor's property for many years has unavoidably and reluctantly accepted drainage from neighboring properties without provision of participation through L.X.D. or U.L.Z.D., if and when such an L.Z.D. or U.L.Z.D. for drainage is developed, Grantee agrees • and guarantees that Grantor shall be entitled to be credited with the fair market value of this eaeoment at that time as an offset against amounts otherwise assessable against Grantor's property. • Accepted: Grantee Grantor City of kwila 9y: il% // * 1'Or He en Ne sen State of Washington County of Xing i certify that there appeared before me as a person that 1 ; know or have satisfactory evidence was HELEN NBLSEN who signed this -0 STORM DRAIN SYSTEM EASEMENT and acknowledged it to be her free and voluntary act for the uses and mentioned in this instrument .= DATED ///6 , f�c Approved as to Bore Office of the City Attorney 00100444 NOUN ) ttch.... OR wA hum :n%0' X0111 T 10 1110 ' ��t041tY1�� Notary pnbUc in and for' the Staty �� hi:4 tan, residing at [// � , !�/y�L My ppointmant expires _ NAME AS COMMISSIONED: deL!A u ft RE-- 37 • • "77:717:7-77777.777477M--r1714•: 7:,41#22MOSK- a 8 900201 1051 Ot O2t 0 DI KING CaiTs ii tq; 4041#40510$ 0 CITY OF TUKWILA WASHINGTON RESOLUTION NO. hi 6 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ACCEPTLNG THE DONATION OF A CERTAIN EASEMENT TO THE CITY BY HELEN NELSEN, RELEASING A PREVIOUS EASEMENT, AND AUTHORIZING THE MAYOR TO ACCEPT THE EASEMENT ON BEHALF OF THE CITY WEIEREAS, IL -len Nelsen is the owner of certain teal property known as Longacws Way within Tukwila, Washington. and WHEREAS, the Cty desires to consxuct a regional storm drainage system along said roadway, and WHEREAS, the City has an easement to construct said drainage north of the center line cf Longaits Way, which was preciously granted by Helen Nelsen, and "'E WHEREAS, the current design requires that the drainage be routed along the south margin of the roadway, k"? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, Gy WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: ACCEPTA.NM OF NEW EASEMENT. Subject to the execution of dccunr.,nts neessary to convey said easements to the City. the Qty Council hereby nuthcrines the. Mayor to accept the donation of the easement; to the City o. Tukwila by Helen Nelsen. Tat legal description of the easement to be ccoated is attached bemoa as EJ 'bits A, B. C, sad I'3, and incorporated begin by this rrf s -mot ss if fully set forth. RELEASE OF PREVIOUS EASEMENT. Subject to the execution of docr,n�tt necessary to recozd. said rile st i eazements, the Qty Council hereby authorizes Ore Mayor to release the City's =treat right in the northern porti on of I.ongacres Way, as: reviously donated, and as further shows in Exhibits E, F, O, H, and L PASSED BY TEE CYL'Y COUNCIL OF THE (11X OF itTKF, aA, W iSH0 GT"ON, as a regular mecdtt thereof this_ ° °`' dry c'rZ(e . �errt.r£e d / Afi1:'aST /AUTH ENITCATPD: 4.9ert...,e 77, Y E. Unit, it Clerk APPROVE) AS TO FORM: OFFICE OF THE rFY ATTORNEY: Filed with the City C1e&:.Y- i - 74:1 Pzssai by tine City Courcil:l'- r'- go Resolution ! /GO •At TOUMA ENGINEERS 15668 West Vallty Highway SEATTLE, WASHINGTON 98188 (206) 255-4100 0 0 ,.J SHEET /10...-.....-.. OE 1 CALCULATED DY....-..-••••-''''-' oma A-2 5.- 94 1 DATE 3 ZD' I I ; i CHECKED DV /1 8CAL -- .1....1 ..• I_ .1.....li _1_1_1.. ___'....1... .I...... ---L-c--1 • 1-11,--!--il l• i -i- 1 1 -...I. 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'TE TOLIMA ENGINEERS 15668 West Valley Highway SEATTLE, WASHINGTON 98188 (206) 255 -4100 0 0 " 4PrCE/ "F MEET MO / OF CALCULATED by /+7T DATE 6-JyO •' /(27 CMECIED DY /� DATE f . -,∎0' 6*. ecAle 1 • .. ... -_' • i._. i... 1 ‘0001.0 ! /stir f ,. k0 //o. re 1.4,01.6 '4Ac9491e- ' /.?o.E/t119.6 /rer, L/il.a' O.4" s i n''$Te�T I ° 5.' 9' J PE2/�l. E.4fd4f42!/T .EX1118IT P - MEOW TOUMA ENGINEERS 15668 West Valley SEATTLE, WASHINGTON 98188 (206) 255.4100 1- i .; : E.OfTdry oFF:.�s7 0 0 0 HUT NO Or 1 CALCULA TEOI Y_ /7.r. 0 r �' •f.� 7��J 1 GtICAED 1r .�54 DAra Fa.jG,6'j' r , 7uLE_L._. bra • t • i I I A, 497 • /`'ib.✓!/ /J LWE s /,s -ems7 r i2B. e4 ma. ue' + zj • //1� '471-:' '/' b. 08 E r25.iG•- Of" • EXi UB T G _;...I._. • • CGX5,539 7:J7.7.1:11 1.• 1.1 • TOUMA ENGINEERS 15668 West Valley Highway SEATTLE. 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' '. . _ 7--i-77-4-. :• it t . ... -... .-t-. • .i '''-' • ,',q lW UQ ttJ k• i i i I 1 0 I 1 4.. --4 • I I t .I• .7 u . 1 ‘ 1; - j Ift • __: . i /4 : . ) • I • • act • • I irt I IN74A/07,Ao t../Alc- • , , , . i ! . : .1 i (1;5I30 ItatUACIAM 13 1 . . • , I 1 i- ! ctUt et 1,11M1.4.1,4 _ _ -1.... : . 1 r- 1-- • 1 , , .. i Hilii . . .-. • •• • 25XID RECEIVED JUN 0 81999 COMMUNITY SEATTLE WATER DEPT DEVELOPMENT 710 - 2nd AVE. 1Gth FLA. S EATTLE, WA u� 86104 9305182051 S A 4 A 9)1I-?O4 c2 ,57Tm Pll PERMIT AGREEMENT THIS AGREEMENT is entered into by and between THE CITY OF SEATTLE, a municipal corporation of the State of Washington, hereinafter called "City ", McLEOD DEVELOPMENT COMPANY, a Washington corporation, and STUART McLEOD, collectively hereinafter called "Permittee ", for and in consideration of the mutual benefits and terms and conditions hereinbeiow set forth, to provide for the use by the Permittee of certain real property owned by the City. WHEREAS, the City owns the Cedar River Pipeline No 4 (_formerly Bow Lake Pipe Line) Right-of-Way (CR.PL /4 R /W) which abuts Permittee'a property; and WHEREAS, Permittee ground leases and x:aJ acquire Parcel 1. and owns Parcel 2, and is developing Parcels : and 2 of the following described real pr. ?pert: PARCEL 1: THAT PORTION OF HENRY MEADER DONATION CLAIM O. 46 IN SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING WEST OF THE BURLINGTON - NORTHERN RAILROAD RIGHT -OF -WAY, FAST OF THE OREGON - WASHINGTON RAILROAD AND NAVIGATION COMPANY RIGHT -OF -WAY AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON PARCEL 2: ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH 1/2 OF 1HE NORTHWEST 1/4 AND THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., BOUNDED AS FOLLOWS: ON THE WEST THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO TEE SOUTH LINE OF SAID GOVERNMENT LOT 11; ON THE NORTH BY THE SOUTH MARGIN OF. THE CITY OF SEATTLE'S 30 -FOOT WIDE BOW LAKE PIPELINE RIGHT - OF-WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM; THENCE NORTHERLY MEASURED AT RIGH`. ANGLES TO SAID SOUTH LINE A DISTANCE OF 80 FEET; Sys _903 ci16?AXNol REQU{RED 00. Fli}9fii10M2S n 9305182054 i THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL 6 PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING; EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME, AS CONVEYED BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 84040509C3 AND 8404050909: SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON to provide for the construction of commercial structures together with attendant parking areas (the "Project "). WHEREAS, Permittee desires to provide pedestrian crossings and landscaping over the City's pipeline right-of-way in a manner consistent with the development concept of tha Project; and WHEREAS, the use by Permittee of said right -of -way will not interfere unreasonably with the use by the City of said right of way for water pipeline of other purposes; and WHEREAS, responsibility for the care and a:aint•:nance of th_ surface of said pipeline right -of -way shall be tha prime consideration and compensation for said uses; NOW, THEREFORE, it is mutually agreed t;y C:.ty and Permittee as follows: 1. City hereby grants to Permittee permission and authority to use for a period of forty (40) years the following described portion of the City's Cedar River Pipeline No. 4 Right - of -Way in the City of Tukwila, County of Xing, State of Washington: A PORTION OF THE 30 FOOT WIDE CRPL #4 R/W (FORMERLY BOW LAXE PIPE LINE) DESCRIBED AS; LYING EAST OF THE UNION PACIFIC RAILROAD AND J WEST OF THE BURLINGTON NORTHERN RAILROAD IN ? THE NORTHWEST 1/4, SECTION 2, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., EXCEPT THE EAST 30 FEET OF THE WEST 40 FEET AND THE WEST 90 FEET OF THE EAST 115 FEET. upon the terms and conditions set forth herein. The effective date of this Permit shall be 3jNE / If93 , and this Permit shall be for a forty (4') year term ending /474y 3 , 2033 . Provided Permittee has performed in accordance with the terms and conditions of this Permit, and the partied find the terms and conditions to continue to be mutually agreeable, this Permit shall be extended for an additional thirty (30) year term at expiration of the initial forty (40) year term. If Permittee desires to extend this Permit, Permittee shall give notice to City at least one year prior to expiration of the initial forty (40) year term. 2. The•rent for the use of the above - described area shall be at an annual rate of Four Hundred Five Dollars ($405), to which shall be added the State Leasehold Excise Tax (currently 12.84$) in the amount of $52.00, making a total payment of $457.00, payable on or before TurJE / of each year. On each five (5) year anniversary of SuN E 1 1993! the annual rent shall be increased twenty -five percent (251) of the base annual rate (exclusive of State Leasehold Excise Tax), and such increased amount (together with applicable State Leasehold Excise Tax) sha"1 be payable for the next five years on or before / of each year. 9305182054 3. It le understood and agreed that the permit area will be used by Permittee to provide for pedestrian crossings to and from the property abutting both s des of the permit area, and to provide ,for landscapes, pursuant to plans, approved by the City of Tukwila, to be reviewed and approved by the Superintendent of Water. It is further agreed that no other changes in the use of the permit area, and no structures of any kind oi• any additional landscaping shall be placed or permitted to remain within the permit area by Permittee, except by prior written permission from the City's Superintendent of Water. Permittee agrees to maintain the permit area in a neat, clean and safe condition at all times. No heavy loads or equipment shall be permitted within the permit area without the prior written permission of the Superintendent of Water. ,Permittee shall request such permission at least thirty (30) days prior to the scheduled date for bringing heavy loads or equipment into the permit area. In addition, three (3) days' notice shall be given to City Water Department's Operations Division prior to bringing such heavy loads or equipment onto the permit area. 4. The City reserves to itself the right to grant other permits within the permit area for any other purposes; prcvid@1 howeveX that any such grant shall not materially interfere with the landscaping and pedestrian crossings. 5. Permittee agrees that no change, in the existing grade of the permit area shall be made, and that no buildings, structures, pipes, cablea, conduits, light standards, fences, walls, plants, signs or other facilities or improvements shall be erected, installed or permitted to remain within thn permit area except with the prior approval in writing from the Superintendent of Water. 6. The City shall at all times have free access to the permit area by yehicles, equipment and personnel for the operation, maintenance, repair and replacement of its pipeline facilities or for any other purposes, including the construction of additional facilities, and if any parts of the permit area shall be not conveniently accessible to the City from the intersecting public roads because of Permittea's use or other permitted improvements within the permit area, Peroittea hereby expressly grants to the City permission to cross Permittee's adjacent property, along routes reasonably sot to provide the least possible interference with said uses by Permittee, in order to reach such parts of the permit area. Permittee shall not be entitled to payment for damages for any lose of use of the permit area during such maintenance, repair, alteration, reconstruction or construction of additional facilities, except to the extent arising from City's negligence, willful misconduct, or breach of the provisions of this Agreement. 7. Permittee shall indemnify, save harmless, and release the City and its officers, employees, and agents from all claims, actions, liability, losses, and damages of any nature arising out of the use of the permit area by the Permittee, its employees, agents, subcontractors, or invitees (other than the City, its officers, employees, or agents) except to the extent arising from City's negligence, willful misconduct or breach of the provisions of this Agreement. Any costs to the City or liability to third parties incurred by the City in connection with any remedial action undertaken by the City or the Permittee pursuant to . Sectinne 17 or el of this Agreement shall be paid by the Permittee, provided, however, Permittee shall not be responsible to pay such costs or liability to the extent, if any, that the City, its employees or agents negligently or intentionally created the conditions which the remedial action was aimed to address. Permittee shall pay any request for payment pursuant to this provision promptly upon receiving a bill from the City and reasonable evidence of costs incurred. If not paid within thirty (30) days, ouch amount shall bear interest at the prejudgment rate of interest in effect as of the date of billing, from the date of said billing until paid. 9305182054 8. If a claim (filed or ur,filed) or legal action, arising out of the use of the permit area by the Permittee, its employees, agents, subcontractors or invitees (other than the City, its officers, employee, agents or contractors), is asserted or brought against the City, its officers; or employees, which claim is subject to the indemnification set forth in Paragraph 7 hereof, Permittee shall pay any and all reasonable legal expenses that the City of Seattle shall incur in connection with such claim or action. The right to choose which attorneys shall represent the City in any such claim or legal action shall be at the sole discretion of the City; provided however, that City shall first tender defense of such claim to Permittee and if Permittee accepts such ter.9er, Permittee may select attorneys for the defense of such claim. Permittee shall pay all reasonable legal expenses that the City may incur in prosecution of any claim or legal action to enforce any and all provisions of this Permit arising out of breach of this Agreement by Permittee or subject to the indemnification set forth in Eeragranh 7, including this provision, if the City "substantially prevails" in such claia or action. Whether the City "substantially prevails" shall be determined based on the standards established by the federal courts under 15 U.S.C. S 26. Such determination shall be deemed to arise under the iurisdicticn of the eir.th Circuit Court of Appeals. The term "' -ea1 expenses" e. and in this provision shall include, out not be limited to, reasonable attorneys fees, and reasonable and necessary paralegal and legal support staff expenses, costs of arbitration, zediation, expert witnesses, exhibits, investigations, and reimbursement for reasonable and necessary time, expense, and overhead of all City personnel or consultants assisting in the defense or prosecution of legal action or in responding to or investigating a claim or demand. It is agreed that if any part of this provision is held to be unenforceable or invalid by a court of law, that all other parts shall be unaffected and valid and enforceable as written. 9. Permittee agrees at all tines to maintain for the protection of the City a liability insurance policy, such policy and the insurer to be subject to approval by the City, naming the City as an additional insured, with minimum limits of 51,000,000 combined single limit for property damage and personal injury and $1,000,000 annual aggregate, insuring against loss or damage arising out of or resulting from the use and occupancy of the permit area by Permitted, or frcm any defect or condition upon such permit area or in maintenance of the permit area, and to furnish the City's Superintendent of Water with certificates evidencing that such policies are in effect, and that the coverage afforded the city of Seattle under such policy shall not br reduced, terminated or cancelled until ten (10) days after receipt notice thereof by the Superintendent of Water. Should such insurance policy not be maintained in effect or be cancelled, the Superintendent of Water may revoke this permit immediately. 10. City may, from time to time, upon written notice to Permittee, increase or otherwise alter the insurance coverages required under paragraph 2, as reasonably required in order to maintain substantially equivalent levels of protection for the activities contemplated under this permit. 11. Permittee has inopected and examined the physical condition of the permit area including improvements thereon, and accepts the permit area in its present condition, and any expense incurred in mutually agreed upon alterations, improvements or repairs by Permittee, in said permitted area shall be borne by Permittee. Permittee covenants that no representations, statements or warranties, express or implied, have been made by or on behalf of City with renpect to the condition of the permit • area or the use or occupancy that may be made thereof, and that the City shall in no event be or become liable to Permittee for latent or patent defects in the permit area. 930518205/ 12. Permitted shall be liable for, and pay throughout the term of this permit, all taxes on the property of the Permittee inotalled, operated and maintained on City's property, any taxes on any property interest deemed by the King County Assessor, or other official of the State of Washington, King County, or other taxing entity responsible therefor, created by this permit and shall otherwise fulfill all fiocal obiigationc required by law. 13. This permit is transferrable only upon prior written approval of City's superintendent of Water.ewhich approval shall not be unreasonably withheld. INotwithetanding the foregoing, Poreitteee may encumber Permittee's interest in this Permit under one or more mortgagee, deeds of trust and /or security agreements ( "Mortgages ") in favor of one or more mortgagees ( "Mortgagees "); provided that City's interest in this Permit shall not be subordinated or subject to any Mortgagee. If Grantee provides the name and address of any Mortgagees to City, City shall provide a copy of any notice required or permitted to be given hereunder to such Mortgagees and any such notice shall not be effective until copies are provided to the Mortgagees. From and after such notice has been given to Mortgagees, such Mortgagees shall have the same period, after the giving of ouch notice upon them, for remedying any default or acts or omie::icns which are the subject matter of such notice or causing the same to be remedied, as le given Grantee hereunder. City shall accept such performance by or at the instigation of ouch Mortgagees as of the same had been done by Grantee. The City shall not terminate this permit during auch time as any Mortgagee, within thirty (30) Jaye after City's notice of default to such Mortgagee, commences and thereafter continuously and diligently prosecutes the curo of such defaults which can reasonably be cured without obtaining possession and as to ether defaults commences and thereafter continuously and diligently prosecutes appropriate proceedings for foreclosure or other enforcement of the liens securing such mortgage loan and, upon obtaining possession or appointment of a receiver, promptly commences and thereafter diligently prosecutes the cure of any such defaults. Nothing herein shall limit City's right of. immediate revocation under Paracsaoh 9. If any Mortgagee shall boccmo the holder of the interest of Permittee hereunder, or if such interests are sold by reason of foreclosure or other proceeding brought to enforce the Mortgage, then this Permit shall continue in full force and effect as e direct Permit between the then holder of Permittoe's rights hereunder and the City, except neither the Mortgagee or any such other holder of the rights of Permittee uhail be: (a; liable for any act or emission of, or the performance of any obligation of, any prior Permittee or, (b) subject to any offsets cr defenses which City might have against any prior Permittee. 14. Any notice required or permitted to be given hereunder shall be in writing and shall be delivered personally or sent by first class united States Mail, postage prepaid, to the address of the party to be notified. Notice shall be effective when received. For purpoaee of notice, the addresses of the parties shall, until a change is hereinafter provided, be ao follows: If to City: Seattle Water Department Attn: Real Property Services 710 Second Avenue Dexter Horton Building, 10th Floor Seattle, Washington 98104 If to Permittee: McLeod Development Company 213 Lake Street South Kirkland, Washington 98033 with a ccpy to any Mortgagee whose address has been provided to City. Either party at any time may change their respective addresses, by providing written notice to the other party. 9305182051 15. This permit may be terminated upon sixty (60) days prior notice to City by Permittee or at any other time mutually acceptable to the parties hereto. 16. At thn expiration or termination of this Permit Agreement, Permittee agrees to quit and surrender the permit area in as good a state or condition as now exists, ordinary wear arl tear excepted, and if so directed by the superintendent of Water, to remove from said area all property of Permittse, and to restore that portion of said area affected by Permittee's facilities to a condition at least equal to that existing prior to the construction of Perm£ttee's facilities, all subject to the approval of the City's Superintendent of Water. 17. The agreements and covenants of the Parmittee herein aro the considerations for the granting of this permit. If a default or failure of performance cf the Permittee in performance of any term or condition is not of an emergency nature or does • not pose an immediate or short term threat to the safety or security of the pipeline facilities, the Pernittoe shall have thirty (30) days after written notice to Peraittee by the Water Department to cure the default or failure; however, if the cure cannot be reasonably completed within such thirty (30) day poziod, Psrmittee shall have such longer period as is reasonably necessary to effect the cure so long as Peraittae commences the cure within the thirty (30) day period and them_ completes the cure with due diligence. If the Paroittee fails to cure such a default within the thirty (30) day pericd or with due diligence in any longer period as is applicable, tlee Superintendent of Water may at his option terminate this permit and /or take reasonable remedial action to correct such default or failure at the expense of Permittee. 18. If a default or failure of performance of the Permittee in performance of any term or condition is of an emergency nature, at hie option, the Superintendent of Water may take' reasonable remedial action to correct the condition at the expense of Poreittee or order that the Permittee take such action. Further, if the Superintendent determines that any activity of the Permittee, or any structure placed or work done by the Permittee in the permit area, poses an immediate or short term threat to the safety or security of pipeline facilities, the Superintendent may order the Permittee to cease and desist from such activity, and, at his option, the Superintendent of Water mey order that the Parmittee take action to remove such threat at the expense of Permittee. If the Permittee fails to materially comply with orders of the Superintendent issued pursuant to this provision, the Superintendent may terminate thie permit upon written notice to the Permittee. 19. The Permittee agrees to conduct all activities within the permit area described herein in a manner which assures fair, equal and nondiscriminatory treatment of all persons without respect to race, creed, national or ethnic origin or sex. . 20. This Agreement is subject to the approval of the Seattle City Council, which the Water Department will (leek to obtain, and the Agreement shall have no lesal effect until so approved. peraLapa -6- 9305182054 IN WITNESS WHEREOF, pursuant to tho provisions of Ordinance No. /16 6, 7 % of the City of Seattle, said City has caused this instrument to be executed by its Superintendent of water. ACCEPTED E7: MCLEOD DEVELOPMENT COMP By: • •T CLEO' President 1 ST ART CL STATE OF WASHINGTON ) COUNTY OF XING Ora'. APPROVED BY: SEATTLE WATER DEPARTMENT By: R0B +►► P. GRON• HACK Superintonden of Water r r, _ �S On this /G day of ~= �i l ,. boforo mo, a Notary Public in and for the State oP Washington, personally appeared STUART MCLEOD, personally known to ma (or proved to me on the basis of satisfactory evidence) to be the parson who executed thin instrument, on oath stated that he Has authorized to execute the instrument, and acknowledged it as the President of MCLEOD DEVELOPMENT COMPANY to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrus.ant- IN WITNESS WHEREOF, I have hereunto set my had add.otfdc'ial seal the day and year first above written. :40 TAR': XJHLIC In and for '-the• State of Washington, residing ate >4 /E -2 My appointment expires • STATE OF WASHINGTON ) SG. COUNTY OF KING ) ,r 7,' -F On this /b day of c6i, -o 199,2, before me, a n Notary Public and for the State4.f Washington, personally appeared STUART MCLEOD, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be his free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto at my hand'•aud.bfficial Beal the day and year first above written. NoT PUBLIC in and for the' State of Washington, residing at A{L f.0 My appointment expire Mit-:e4 .. w•.: STATE OF WASHINGTON ) COUNTY OF KING ) BB. I certify that I know or•havo satisfactory evidence that ROBERT P. GRONCZNAcX signed this .instrument, on oath stated that he wan authorized to execute the instrument and acknowledged it as the Superintendent of Water of THE CITY OF SEATTLE to be the free and voluntary act of said municipal corporation for the uaea and purposes mentioned in this instrument. Date frn ) 17, 1993 LAhBi" �. ,:z OTARY PUBLIC in and for t SE e• of Waohington, residing at Jl My appointment expires 4- :ti 1' SEATTLE WATER DEPT 710 - 2nd AVE ECEWED JUN 0 81999 DEVELOPMENT 10th FLR. EASEMENT-AOREEXE2dT SEATTLE, WA . 98104 THIS AGREEMENT, made this day by and along THE CITY OF SEATTLE, a municipal corporation of the State of Washington, hereinafter called "City ", and MCLEOD DEVEIOPMENT COMPANY, a Washington corporation, and STUART MCLEOD, a single man, hereinafter collectively called "Grantees ", WITNESSETH: That for and in consideration of Grantees' conveyance to the City of two 10 -foot wide easements abutting the City's 30 -foot wide Cedar River Pipeline No. 4 Right -of -Way (CRPL /4 R /W),'and other valuable considerations, it is agreed by and between the parties hereto as follows: 1. City hereby grants to Grantees one 30 -foot wide easement and one 90 -foot wide easement for roadway, pedestrian access, and storm drainlines over, under and across e portion of City's 30 -foot wide CRPL 14 R /W, said easements being described as follows: 8 0 F3 EASEMENT 1: In THE EAST 30 FEET OF THE WEST 40 FEF:i OF THE CRPL #4 Cl (FORMERLY BOW LAKE PIPE LINE) 30 -FOOT WIDE, FEE -OWNED RIGHT -OF -WAY LYING EAST OF THE UNION PACIFIC RAILROAD AND WEST OF THE BURLINGTON NORTHERN RAILROAD IN THE 4 NORTHWEST QUARTER, SECTION 25, TOWNSHIP 23 NORTH, RANGE 0 4 EAST, W.M., CITY OF T —WILA, COUNTY OF K:CNG, STATE OF f'l WASHINGTON; EASEMENT 2: THE WEST 90 FEET OF THE EAST 115 FEET OF THE CRPL i4 30 -FOOT RIGHT -OF -WAY, LYING EAST OF•THE UNIOON PACIFIC RAILROAD AND WEST OF THE BURLINGTON NORTHERN RAILROAD IN THE NORTHWEST QUARTER, SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.N., CITY OF TUK'WILA, COUNTY OF KING, STATE OF WASHINGTON; to, from and for the benefit of the appurtenant following - described real property: PARCEL 1: THAT PORTION OF HENRY HEADER DONATION CLAIM NO. 46 IN SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.H., LYING WEST OF THE BURLINGTON - NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE OREGON- WASHINGTON RAILROAD AND NAVIGATION COMPANY RIGHT -OF -WAY AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF TEE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON;. PARCEL 2: ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT ' PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, 'RANGE 4 EAST W.M., BOUNDED AS FOLLOWS: EXCiSE TAX NOT REQUIRED ).iii -;f << • 3305182053 ON THE WEST THE CHICAGO, MILWAJKEE AND ST. PAUL RAILWAY HAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DROWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD !WIN LINE TRACK CENTERLINE AS NOW LOCATED AND C0.4STRUCTED; ON TEE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 -FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF. SAID DONATION CLAIM; THENCE NORTHERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF 80 FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGJ, NILWAUREE, ST. PAUL k PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIG;fT -OF -WAY TO THE POINT OF BEGINNING; EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO ::XPLORE FOR AND MINE THE SAME, AS CONVEYED BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 6404050908 AND 8404050909: SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. McLeod Development Company is t *u holder of a ground leasehold interest in Parcel One of the Grantees' property described above pursuant to a Ground Lease dated as of March 12, 1990 between Helen B. Nelsen and McLeo4 Development Company, a Memorandum of which was recorded March 12, 1990 under King County Recording No. 9003121658 (the "Ground Lease Parcel "). In the event that McLeod Development Company acquires a fee simple interest in the Ground Lease Parcel, the easements granted herein shall automatically and without further action being required by either City or Grantees be deemed to have been granted to, from and for the benefit of McLeod Development Company's fee simple interest in the Ground Lease Parcel. 2. City retains, in its ownership of the underlying fee, the right to grant or deny permission to use or occupy the easement areas for any other .purpose, including use by non -City utility agencies; provided that such use or occupancy shall not materially conflict with the roadway, pedestrian, and drainline purpoeee herein granted; and provided that such non -City utility agencies shall be required to restore said roadways to a reasonably good condition. In the event City grants permission to non -City utilities to use or occupy the eaeement areas, City shall use reasonable efforts to endure notice to Grantees prior to any such use or occupancy. K -n 3. It ie understood and agreed that the paramount use of the CRPL /4 R /W, including the subject easement arses, is for water utility purposes. Any use of or action within said right - supply that in endangers or beotolera tolerated and shallyimmediately cease and desist. Should Grantee's use or approve damage ting'b facilities, Superintendent of Water, must be lSuvceutaken approved in writing by p at no cost to the City. Should Grantee'suoe ortactiins continue b to jeopardize City facilities, City may, y action, terminate this easement. 4. City shall have the right to install, repair, replace, maintain, operate and make lateral connections to any of its pipelines and related facilities or any other City improvements within paid easement areas; groVidei( that Grantees shall be notified in advance of any such work, except when an aeergency exists. City shall exercise its best efforts to ensure that any ouch City activity does not unreasonably interfere with Grantees' use or occupancy of the eaeement areas or with activities on or access to Grantees' Property. Grantees shall proceed to take such action(s) as may be necessary to ensure the integrity of Grantees' improvements and the safety of the public. City shall not be liable for damage to roadway, storm drainline facilities or other Grantees' improvements within the easement areas, or for the relocation of said roadway, storm .arainline facilities, or ork or other of Grantees' improvements by reason of�suchnworkgorce or operations except to the extent caused by y willful misconduct. Grantees shall not bo entitled to payment for damages for any loss of use of said easement areas during C'1 such City work or operations. 1!) O 5. Grantees shall be responsible for the design; construction, maintenance, repair, and safety of said roadways, pedestrian access ways, and storm drainage facilities within the v easement areas, which shall be at no cost or expense to City. Ca Tha use of the easement areas by Grantee for roadway, pedestrian C') walkways, and storm drainline purposes shall in no way interfere Q) with the present or future use of said property by City for overhead or underground electrical transniesion or distribution facilities, for water pipelines or for any other purposes; provided however, that the City's uses shall not materially interfere with Grantees' uses. 6. It is expressly understood and agreed that before any construction, improvement or subatantiel repair of roadway end /or storm drainage, or pedestrian walkway facilities within the easement areas are made by Grantee's or thoir agents, plans shall be supplied to City's Water Department for approval prior to the commencement of work. Such plans shall indicate the permanent B grade established and depth of cover over any existing P P e and other existing utilities, and shall show the drainage pattern within the vicinity. No such construction or improvements for roadway, pedestrian access and /or storm drainage purposes shall be undertaken without the approval, in writing, of City's Superintendent of Water, which approval shall not be unreasonably withheld. At least seventy -two (72) hours' notice shall be given to City Water Department's Hendworks Crew Chief at Lake Youngs (255 -2242) prior to performance of any construction or improvements. 7. A minimum of four (4) feet of cover to the finished roadway grade shall be established over the pipelines at the final grade. Maximum.cover shall not exceed five (5) feet unless approved, in writing, by the City's Water Department. • 9305182053 8. All alterations, moving or adjusting of pipelines and /or other City facilities required by the construction of improvements for roadway, pedestrian accosa and /or storm drainage purposes undertaken by Grantees shall be performed by City at no cost to City. 9. It is understood and agreed that the purpose of this Easement Agreement is to allow Grantees to provide for two roadway and pedestrian crossings for access to and from the property abutting both sides of the City's CRPL f4 R /W, and to provide for storm drainlines . It is further agreed that there shall be no changes in the use of the easement areas, and that no structures of any kind shall be placed or permitted to remain within said easement areas except by prior written permission from the City's Superintendent of Water. Grantees agree to maintain the easement areas in a neat, clean and safe condition at all times. 10. Grantees shall be liable for, and pay throughout the term of this use, all taxes and assessments on the improvements of Grantees installed, operated and maintained on the easement areas, any taxes on any property interest deemed by the County Aeaessor, or other official of the State of Washington or other taxing entity responsible therefor, created by this Easement Agreement and shall otherwise fulfill al' fiscal obligations required by law. 11. To the Silliest extent permitted by law, Grantees agree for themselves and their succeasors and aaeigne, to defend, indemnify and save harmless City, City's elective and appointed officials and employees from and against any and all claims, actions or damages of any kind or description, including the cost of defense thereof, which may accrue to or be suffered by any person, persona or property by reason of Grantees' negligence in the use of the easement areas or in the exorcise of the rights and privileges granted under this Easement Agreement. 12. Grantees agree at all times to maintain for the protection of the City a liability insurance policy, such policy and the insurer to be subject to approval by the City, naming the City as an additional insured, with minimum limits of $1,000,000 combined single limit for property damage and personal injury and $1,000,000 annual aggregate, insuring against loss or damage arising out of or resulting from the use and occupancy of the easement areas by Grantees, or from any defect or condition upon the Easement or in maintenance of the easement areas, and to furnish the City's Superintendent of Water with certificates evidencing that such policies are in effect, and that the coverage afforded the City of Seattle under such policy shall not be reduced, terminated or cancelled until ten (10) days after receipt of notice thereof by the Superintendent of Water. Should such insurance policy not be maintained in effect or be cancelled, the Superintendent of Water may revoke this easement immediately. 13. City nay, from time to time, upon written notice to Grantees, increase or otherwise alter the insurance coverages required under paragraph 12 as reasonably required in order to maintain substantially equivalent levels of protection for the activities contemplated under this Agreement. 9305182053 14. In the event of a default or failure of performance by Grantees of any term or condition hereunder (other than as' provided in paragreohs 3 and 12), Grantees shall have thirty (30) days after written notice to Grantees by the City to cure the default; provided, however, if the cure cannot reasonably be completed within such thirty (30) day period, Grantees shall have such longer period as is reasonably necessary to cure the default so long as Grantees commence the cure within the thirty (30) day period and thereafter complete the cure with due diligence. 15. Grantees have inspected and examined the physical condition of the easement areas including improvements thereon, and accept the easement areas in their present condition, and any expense incurred in mutually agreed -upon alterations, improvements or repairs, in the easement areas shall be borne by the Grantees. Grantees covenant that no representations•, statements or warranties, express or implied, have been made by or on behalf of City with respect to the condition of the easement areas or the use or occupancy th ^.t may be made thereof, and that the City shall in no event be or become liable to Grantees for latent or patent defects in the easement areas. Grantees shall not deposit or store any type of toxic or dangerous or hazardous waste or substance in '_ ?.e easement areas. 16. Notwithstanding anything to the contrary herein, City shall indemnify end defend Grantees from and _against any present or future claim against Grantees ralatincx to any type of toxic or hazardous or dangerous waste or substance in the easement areas caused by City. 17. In the event Grantees or their heirs, eucceesors or assigns ceases to use the easement areas for roadway and storm drainage • purposes, as evidenced by abandonment, the Easoaent granted heroin shall forthwith terminate; Droyided however, that City shall give Grantees notice of any such termination and if, within sixty (60) days of receipt of such notice, Grantees give notice of its intent to continue use of the easement areas, the Easement shall not be teroinat.d. 18. Grantees may encumber Grantees' interest in the easement areas under one or more mortgages or deeds of trust ( "Mortgages ") in favor of one or more mortgagees ( "Mortgagtas "); provided that City's interest in the easement areas shall not be subordinated or subject to any Mortgages. If Grantees provide the name and address of any Mortgagees to ,:ity, City shall provide a copy of any notice required or permitted to be given hereunder to such Mortgagees and any such notice shall not be effective until such copies are provided to the Mortgagees.• From and after such notice has been given to Mortgagees, such Mortgagees shall have the same period, after the giving of such notice upon them, for remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Grantees hereunder. The City shall . accept such performance by or at the instigation of such Mortgagees as if the same had been done by Grantees. The City shall not terminate this Easement Agreement during such time as any Mortgagee, within thirty (30) days after City'a notice of default to such Mortgagee, commences and thereafter continuously and diligently prosecutes the cure of defaults which can reasonably be cured without obtaining possession and as to other defaults commences and thereafter continuously and diligently prosecutes appropriate proceedings for foreclosure or other enforcement of the liens securing ouch mortgage loan and, upon obtaining possession or appointment of a receiver, promptly commences and thereafter diligently prosecutes the cure of any such defaults. MUM 9305182053 19. Any notice required or permitted to be given hereunder shall be in writing and shall be delivered poreor_a11y or eent by -first class United States mail, postage prupaid, to the address of the party to be notified. Notice shall be effective when received. For p.'rposea of notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows: If to City: Seattle Water Department Attn: Real Property Services 710 Second Avenue Dexter Horton Building, 10th Floor Seattle, Washington 98104 If to Grantees: McLeod Development Company 213 Lake Street South Kirkland, Washington 98033 with a copy to all Mortgagees whose addressee have been provided to City. Either party may at any tithe cha,lga their respective addressee, by providing written notice to the other party. 20. This agreement and each of the terns, provisions, conditions and covenants herein shall run with the land and be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. MrcAr114 w xx 9305182053 IN W TNESS WHEREOF, pursuant to the provisions of Ordinance No. //6>r,77 of The City of Seattle, said City has caused this instrument to be executed by its Superintendent of Water. Dated this 11-Th day of Mai MCLEOD DEVELOPMENT CO By By STU •T .' OD, Pres dent 19 9, ANY THE CITY OF SEATTLE STATE OF WASHINGTON ) ss. COUNTY .OF KING ) By ROB •' P. GR.'CZNACK Superintendent of Water .. On this 2( day of {� 6.,,.. , 1994, before me, a Notary Public in and for the State o Washington, personally appeared STUART McLEOD, personally known to me (or proved to Mb on the basis of satisfactory evidence) to be the person who executed this instrument, on oath atc.ted that he was authorized to execute the instrument, and acknowledged it am the President' of McLEOD DEVELOPMENT COH.pANY to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto sot my hand seal the day and year first above written. and ofti.jt,al NOTAR PUBLIC in and for of Washington, residing My appointment expires .7. the'_.Sta.e at *7r trrx.4.rII0,: ._ i. 6 9395182053 • STATE OF WASHINGTON ) COUNTY OF KING ) // On this X74 day of ;- , 1991, before me, a Notary Public in and for the State qK Washington, personull,• appeared STUART McLEOD, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be his free and voluntary hot and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and,official seal the day and year first above written. STATE OF WASHINGTON ) COUNTY OF KING GB. NOTARY UBLIC in and for the State'; of Was ington, residing at jc,-4 . L- My appointment expires • I certify that 1 know or have satisfactory evidence tlat ROBERT P. GRONCZNACK signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Superintendent of Water of THE CITY OF SEATTLE to be the•. free and voluntary act of said municipal corporation for the uBOq;:' and purposes mentioned in thie instrument. A„J St Y PUBLIC in and for the States ";',: of Washington, residing at 9r..: My appointment expires jp[3o 5 4- SEATTLE WATER DEPT 710 - 2nd AVE. 10th PLR. SEATTLE, WA 06104 9305182052 S 0 z M1 WATER SUPPLY PIPELINE EASEMENT CC Sot THIS EASEMENT made this /7 day of JC.,1rv1dL./ , 199, by and among STUART MCLEOD, a single man ( "McLeod "), MCLEOD DEVELOPMENT COMPANY, a Washington corporation ( "MDC "), and HELEN B. NELSEN, a single woman ( "Nelsen ") (collectively, "Grantor ") and THE CITY OF SEATTLE, a municipal corporation of the State of Washington ( "City "), as Grantee. WITNESSETH: Said Grantor, for and in consideration of City's conveyance to McLeod and MDC of one 30 -foot wide and one 90 -foot wide roadway and storm drain line easement across City's Cedar River Pipeline No. 4 (formerly Bow Lake Pipeline) Right -of- Way (CRPL #4 R /W) and other valuable consideration, and the covenants and promises of the City hereinafter set forth, hereby grants to the City two 10 -foot wide easements for a water supply pipeline, with necessary appurtenances over, under, through, across and upon the following described properties : PARCEL 1: SOUTH 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING WEST OF THE BURLINGTON - NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE OREGON - WASHINGTON RAILROAD AND NAVIGATION COMPANY RIGHT -OF -WAY AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON; PARCEL 2: THE NORTH 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY: ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., BOUNDED AS FOLLOWS: ON THE WEST THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 -FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: wyku(.gm •1. 1 TAX REQUIRE® Dom 9305182052 BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM; THENCE NORTHERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF 80 FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING; EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME, AS CONVEYED BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 8404050908 AND 8404050909: SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON; TOGETHER WITH THE RIGHT TO CROSS MCLEOD'S ADJACENT PROPERTY ALONG ROUTES REASONABLY SET, TO PROVIDE ACCESS TO SAID EASEMENT AREAS FROM STRANDER BOULEVARD FOR PERSONNEL, VEHICLES AND EQUIPMENT. WHICH EASEMENT shall include only such rights in the lands above described as shall be necessary for the construction, reconstruction, alteration, operation, maintenance, repair and protection of said water supply pipeline and appurtenances. The parties acknowledge that MDC is the Ground Lessee of Parcel 1, that Nelsen is the owner and Ground Lessor of Parcel 1, that McLeod is the owner of Parcel 2, and that McLeod, MDC and Nelsen are granting the above - described easement as to their respective property interests. The City shall have the right without prior institution of any suit or proceeding at law, at such times as may be necessary, to enter upon said easement areas for the purposes herein described without incurring any legal obligation or liability therefor. Any entry by City onto the easement areas and any construction by City thereon shall be made so as to minimize interference with Grantor's use of their properties. Work performed during such entry shall be accomplished by the City in a manner such that the private improvements existing in said easement areas on the date of this easement, permitted pursuant to the terms hereof, or subsequently allowed by the City in writing, shall not be disturbed or destroyed, or in the event that they are disturbed or destroyed they shall be replaced in as good condition as they were immediately before the property was entered upon by the City, EXCEPT that the City shall not relocate or guarantee survival of shrubs in excess of 6 feet in height. Where excavation is required in paved areas, such paving shall be sawcut and restored by standard patching procedures. This easement shall not impair the right of the Grantor to use said property for any other legal purposes not inconsistent with the rights herein granted; PROVIDED that no buildings or other permanent structures, rockery, trees, or permanent obstruction of any kind shall be erected or planted or permitted to remain within the boundaries of said easement areas without the written permission of the City of Seattle's Superintendent of Water, or any other officer or board who may hereafter succeed to the jurisdiction and powers in respect to said water supply pipeline now possessed by said Superintendent. 9305182052 RESERVING unto the Grantor the right to construct, reconstruct, operate, maintain and repair one road 30 feet in width and one road 90 feet in width, with drain- line facilities across said pipeline easements. Plans for such road crossings must be designed by a professional engineer and submitted to said Superintendent for comment and written approval. Such approval shall not be unreasonably withheld. Grantor shall construct said road crossings in a manner such that physical access to said pipeline from both crossings shall not be unreasonably impaired. AND RESERVING unto the Grantor the right to install and maintain parking spaces, access road and /or shallow- rooted low profile shrubbery not to exceed 6 feet in height at maturity. Plans for such parking, access road or landscaping are to be submitted to said Superintendent for comment and written approval - 'prior to installation, which approval shall not be unreasonably withheld. Grantor understands and agrees that Grantor shall not be entitled to payment for any damages for any loss of use while City is performing work upon said easement area. It is expressly understood and agreed that before any construction, improvement, excavation by cutting or filling, or substantial repair of Grantor's improvements within the easement areas are made by Grantor or his agents, plans shall be supplied to City's Water Department for approval. Such plans shall indicate the permanent grade established and shall show the drainage pattern within the vicinity. No such construction or improvements shall be undertaken without the approval, in writing, of said Superintendent, which approval shall not be unreasonably withheld. At least seventy -two (72) hours' notice shall be given to City Water Department's Headworks Crew Chief at Lake Youngs (255 -2242) prior to performance of such construction or improvements. The City shall be responsible, as provided by law, for any damages resulting to the Grantor's property through the City's negligence in the use of the easement areas, or otherwise by reason of City's exercise of the rights and privileges granted under this Agreement. Grantor waives any present or future claim against the City relating to hazardous substances, pollutants, or contaminants, except to the extent caused by the acts or omissions of City. Grantor shall indemnify and defend the City from any such claim, including enforcement action by a regulatory agency, to the extent caused by the acts or omissions of Grantor (but not to the extent the hazardous substances, pollutants, or contaminants arise from the City's operations). City waives any present or future claim against Grantor relating to hazardous substances, pollutants or contaminants, except to the extent caused by the acts or omissions of Grantor. City shall indemnify and defend the Grantor from any such claim, including enforcement action by a regulatory agency, to the extent caused by the acts or omissions of City (but not to the extent the hazardous substances, pollutants, or contaminants result from the Grantor's operations). This easement and each of the terms, provisions, conditions and covenants herein shall be binding and inure to the benefit of the parties hereto and their respective successors and assigns, and shall run with the land. vtpk..e.1►m .3. 93 Dated as of the date first set forth above. STU MCLEOD ELEN B. NELSEN STATE OF WASHINGTON ) ss. COUNTY OF KING ) 9� � 3 On this /b day of FL„a, , 1990 before me, a Notary Public in and for the State of Washington, personally appeared STUART MCLEOD, personally known to me (or proved to me on the basis of satisfactory evidence) to be-the person who executed this instrument and acknowledged it to be his free and voluntary act and deed for the uses and purposes mentioned in the instrument. MCLEOD DEVELOPMENT CO,}�ANY a Washington orpor :moron S ART C "; Pres dent By IN WITNESS WHEREOF, I have hereunto set my hand and ; "o'ff� ial J17J • •!••• 0'.w:. NOT PUBLIC in and for the',S a '' of 'Washington, residing at /4/,¢(Z444.-45) My appointment expires seal the day and year first above written. STATE OF WASHINGTON ) COUNTY OF KING 88. On this 44-4 day of F�, ue.,v , 199 *, before me, a Notary Public in and for the State 6f Washington, personally .appeared STUART MCLEOD, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the President of MCLEOD DEVELOPMENT COMPANY to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Ji..{ :: ' :' NOTARY PUBLIC in and for:tAe'f$We of Wa hington, residing ;at'•..'4c..0 My appointment expires "g:. u J•, y1,,, - li � • • =ea 9305182052 STATE OF WASHINGTON ) BS. COUNTY OF KING On this /L of /4-.'a, t , 1992, before me, a Notary Public in and for the State of Washington, personally appeared HELEN B. NELSEN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be her free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, 1 have hereunto set my hand and official seal the day andtVer first above written. Inrksse..vo es,--P7/44 • NOTARY UBLIC in and for the...Atat*4 of Washington, residing at My appointment expires 4. t' .1H 7W 7t s= • ▪ W !U. :0 J •K w 0 W 0 0 0 DEVELOPER'S AGREEMENT THIS AGREEMENT is made and entered into on , between tho City of Tukwila, a Washington municipal corporation (hereinafter referred to as "City "), and McLeod Development Company (hereinafter referred to as "Owner "). WITNESSETH WHEREAS, Owner owns certain real property which is legally described in Exhibit A, and hereinafter referred to as "the Property" and is located generally between Burlington Northern Railroad and uj Union Pacific Railroad tracks perpendicular to an extension of U•) CD Strander Boulevard; and Ltd C7 ON WHEREAS, Owner made application for a Tukwila Comprehensive Land Use Policy Plan Map change and rezone of the Property; and WHEREAS, the resulting change in potential use of the Property will create associated impacts and will allow for the construction of certain new uses; and WHEREAS, future development of the Property will require additional public storm drainage systems to accommodate development drainage and correct deficiencies in the existing drainage system serving this basin; the basis of which is in the comprehensive -1- Innn 11114 IlU11t WHEREAS, future development of the Property will create a need )z • fj for vehicular access from West Valley Highway and Strander Boulevard lU °o and additional public right -of -way; and • w 0 surface water management system described in the Nelsen Place /Longacres Way Storm Drainage System Preliminary Design Report (stated as Nelson in the Report) Dated: 6/88) prepared for the City by Kramer, Chin and Mayo, Inc.; and CO WHEREAS, future development of the Property will necessitate : extensions and upgrades of city water and sewer lines which will :o benefit the Owner's properties; and W • x 0 N ,.,. WHEREAS, future development of the Property will also o Ul lf) necessitate additional studies and other approvals and permits; - CD >-• , -) U1 CD NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. RESPONSIBILITIES OF OWNER 1.1 No- Protest Agreement to the Formation of a Nelsen Place/Lonqacres Storm Drainage L.I.D. Owner acknowledges that Owner's Comprehensive Land Use Plan amendment and rezone and potential future development will have a cumulative impact on the storm drainage facilities identified in the Nelsen /Longacres Way Storm Drainage System Preliminary Design Report -2- I II1J 11U1 Zt 0 basin within which the Owner's property is situated. The Owner's property will be specially benefited by improvements to such storm drainage facilities. Owner agrees not to protest the formation of any local improvement district according to the Nelsen Place/Longacres Preliminary Design Report as modified by the t Hydraulic Analysis update as specified in Section 1.2 of this.. > ? Agreement. Owner agrees that the construction of these storm .se drainage facilities benefits the Property, but retains the right to • 4 3 contest the method of calculating assessments in such LID and the c . amount thereof to be levied against the Property. :4 c 1.2 Preparation of Hydraulic Analysis of Nelsen Place / Longacres Drain Basin Study :c ,F .g The Owner agrees to carry out a• hydraulic analysis, at his sole expense. by a qualified professional engineer based on the 6/88 ONelsen /Longacres Way Storm Drainage System Preliminary Design Report, CO and to conduct the analysis using the January, 1990 King County CD Design Manual Standards. Owner further agrees to submit the analysis to the City Public Works Department for review and approval. This analysis shall identify the following: 1. Existing open space /parks land use runoff. 2. Rezone use with proposed impervious runoff surface. 3. Increase in runoff due to rezone change for open space to impervious surface. 4. Storage (in cubic feet) necessary to result in a no "runoff" increase condition. N _ S -3- 0 5. Volume of storage displaced by fill to provide floor elevation within the 16 foot /100 year flood elevation shown on the September, 1989 FEMA maps. 1.3 Drainage Easements This property will need to drain to the 24" and future P -1 Z ainterceptor. The storm. drainage easements connecting from South u BOO F 158th Street to the 24" and future P -1 will need to be identified. ■ The development shall provide an easement dedication or means to 0 ` guarantee easements for the Longacres /Nelsen Place drainage conveyance from South 158th Street to the 24" pipe and to a future P -1 interceptor located at the northeast property corner that can W pass beneath the Burlington Northern Railroad tracks. If pipes are O F 0 U grades and hydzaulic grade line will be needed for approval by Public OWorks. 01 L) CD CV 1.4 No- Protest Agreement to the Formation of Future chosen, then a professional engineer's calculation of the pipe sizes, Sewer and Water LID Owner acknowledges that potential development due to Owner's Comprehensive Plan Map Amendment and Rezone will have an impact on the water and sewer facilities in the area of the Property. Owner acknowledges further that this Property will be benefited by extensions and upgrades to these water and sewer facilities to the extent these improvements provide new service to the Property. Owner agrees not to protest the formation of a local improvement -4- - -=I= ■ 0 district for City sewer and water service areas which are lying east Of the Green River to the easterly City Limits bounded on the north by the Green River and bounded on the south by the most southerly portion of the Renton Utility Service Area, as shown on Exhibits B and C. Sewer and water utility systems shall meet the most current pg City Utility Standards at the time of formation of the LID. • W PE I 10 1o° Owner agrees that installation of these new sewer and water W facilities, which provide new service, benefits the Property,- but ° retains the right to contest the method of calculating assessments in such LIDs and the amounts thereof to be levied against the Property. 1.5 Sewer f- a ..r, The Owner agrees to obtain an'agreement from METRO authorizing the o (n in C discharge into their interceptor line. Owner agrees to meet any c_ conditions imposed by METRO to discharge into the interceptor if in CD N METRO provides discharge approval. If METRO approval cannot be Ch obtained, Owner agrees to enter into the No- Protest Agreement for a future sewer LID as outlined in Section 1.4 of this Agreement. 1.6 Transportation Impacts The rezone creates the probability of SIGNIFICANT increases in vehicle and pedestrian traffic. Mitigations and conditions will be determined for the rezone for any development proposal when submitted through additional environmental review and owner agrees to abide by same. -5- 1.7 Provide Access to Subiect Properties Via Access Easement from the Eastern Terminus of Strander Boulevard to Western Property Edge The Owner shall provide a continuation of Strander Boulevard as a private road from the eastern terminus of Strander Boulevard to the . western edge of the property as described in Exhibit )Z ;E A. The road will have a 60 foot easement over the Puget Sound Power 'o and Light Property and a 40 foot easement over the Union Pacific LAJ 11- { Railroad right -of -way. The private street, sidewalk, necessary utilities, railroad crossing and miscellaneous improvements at a Strander Boulevard and West Valley Highway will be at owner's sole •° - expense. The Owner will design the private road, sidewalk and utilities extensions to applicable City standards. The Owner will ? ,0 provide access /utility easements to the subject g•roperty at the ; time of application for B.A.R. The above executed Agreements will be o i C/ ') rq ... submitted to City prior to issuance of a building permit. The 4 O4 �3 ' access /utilities easements or permits shall run for the life of any project resulting from this rezone for access and utility crossings of railroad and powerline right -of -ways. 1.8 No- Protest Agreement to the Formation of a Future Roadway Expansion of Strander Boulevard The Owner acknowledges the intent of the City to create a through street by extending Strander Boulevard to the western boundary of the City of Renton. The Owner agrees not to protest the formation of a local improvement district (LID) for the purpose of the extension of the Strander Boulevard right -of -way and to dedicate -6 - yvvev nV111V6 0 the necessary 60 foot right -of -way. Such 60 foot right -of -way will be paid at the rate of $1.82 per square foot [appraised value at the time of rezone] and credited against the Development's final assessment. Any land credit in excess of the property final assessment will be paid back to the Owner after the final assessment op. roll has been approved through the City Council. As it cannot be determined at this time as to whether the extension of Strander Boulevard will benefit the subject property, the Owner further agrees to, and hereby does, waive any and all severance damages attributed only to the acquisition of the reserved right -of -way by the City of Tukwila for the Strander Boulevard sidewalk and utility extensions in the reserved location so long as access is provided to property. Road LID assessments on the property t1O shall include all administrative cost and shall be proportioned to CDthe benefit derived from the improvements. cl CD N Owner retains the right to contest the method of calculating AHAI TTV AC TUC TT TC nuc TA TUC assessments in such roadway dedication and extension LID and the amount thereof to be levied against the Property. 1.9 Prior to Application for Building Permit Owner will Consolidate Separate Tax Parcels and/or Provide 60 Foot Dedicated Right -of -Way to all Parcels Within Rezone Site. -.7- lab ►- z W x 0 0 0 x r 9205I3055S 2. RESPONSIBILITIES OF CITY 2.1 Benefited Area and Assessments - Facilities The water line extensions and the storm drain lines and regional detention /biofiltration system to be constructed by Owner, will directly benefit certain property not owned by the Owner and which cannot be legally described until the extent of the improvements has been determined. Pursuant to Chapter 35.91 RCW, or other applicable law the Owner agrees to develop a Latecomers Agreement, to be approved by the City, to reimburse Owner for its costs on a pro rata basis by assessing any owner of real estate located in the benefited area who does not contribute to the original cost of the facilities to be constructed by the Owner under this Agreement and who subsequently taps into and /or discharges to said facilities. The Agreement is to be completed by the Owner. and approved by the City at the time the facilities are turned over to the City for City review and approval. The pro rata share for any one parcel of real estate contained within the benefited area shall be computed by the Owner subject to approval by each parcel shall be Latecomer's Agreement. the City Engineer. The pro rata share for shown on exhibits to be attached to the The City agrees to pay Owner all sums collected, if any, pursuant to the Latecomer's Agreement within sixty (60) days after receipt thereof, less reasonable costs of administering the Agreement, until the total of said payments equal the cost of constructing the facility, less Owner's pro rata share, or when fifteen (15) years from the date of the Agreement has elapsed, whichever occurs first. -8- MIZZI 3 0 2.2 Surface Water Management System City will proceed with the design, engineering and construction of a surface water management system generally described as the updated "KCM Study" per Section 1.2. 2.3 Strander Boulevard Extension Prior to the formation of any LID for the purposes of extending Strander Boulevard the City shall give at least 90 days written notice to the Owner of its intended action. Such notice shall include the route and detail as agreed to by City and Union Pacific Railroad for the purposes of crossing the railroad. The City shall ensure that access to the Property is provided by some means from the West Valley Highway. The City shall recognize that the property will `1 have business which must have means for egress and ingress for fire O and police protection as well as commerce and shall provide for this • ul access in its construction contracts. The Owner shall be given a CD notice at least 60 days prior to any alteration of the Owner's private road. The City acknowledges that only the City has the right to pursue a public crossing of the Union Pacific Railroad and the City shall be solely responsible for the filing of such applications. 3. NON- WAIVER - EXTENSIONS Failure of either party to insist on the strict performance of the terms of this Agreement shall not be construed as a waiver or relinquishment of that party's right thereafter to strictly enforce any such term, but the same shall continue in full force and effect. -9- :z z .. ..uv nviw • • • •1- .Z .x 5. RECORDING •u 4. BINDING EFFECT This Agreement shall be binding upon the parties, their respective heirs, legal representatives, assignees, transferees and successors. This Agreement runs with the land. Each party warrants that it has authority to enter this Agreement. o° , This Agreement shall be recorded with the King County Department of Records and Elections, and the cost of said recording shall be paid by the Owner. .i ° u? 6. ATTORNEY FEES 11) Ul In the event that either party shall commence litigation CD (V ) w. -- against the other in order to enforce any term or condition of this y., CD Agreement, the prevailing party in such litigation shall be entitled ON to recover its costs, including reasonable attorney fees. 7. EFFECTIVE DATE The responsibilities of the Owner under this Agreement are contingent upon the issuance of the requested approvals for the project. No obligation will arise until the issuance of such approvals. If Owner elects to proceed with any of the improvements set forth herein before the issuance of such approvals and, after installation of the improvements elects to abandon its development, Owner, its successors and assigns are entitled to the benefits set forth in this Agreement related to Latecomer's Agreements provided such improvements are approved and accepted by the City. -10- CITY OF TURWILA $y 141P1144 i.0 1 TITLE ATTEST /AUTHENTICATED: J e E. Cantu, City Clerk Stuart McLeod, esident McLeod Development Co. APPROVED AS TO FORM Atr ul •f) OFFICE OF THE CITY ATTORNEY: ul By / 4 b a hu q//7v Ul CD CV STATE OF WASHINGTON ) } ss COUNTY OF RING ) I certify that there appeared before me persons that I know or have satisfactory evidence were JOHN W. RANTS and JANE CANTU, who signed this DEVELOPER'S AGREEMENT, on oath stated that they are authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of the City of Tukwila, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. era n•v I DATED: q2I 612 (144:014r, 1142:4.014. Notary Public in and for the State % pu ►o i of Washin• on, residin ► g at 4/�`,/ Ji I 5/ • . Z W h►�n►"`t My Commission Expires SI 0 STATE OF !C �ii� �p, ) i .w ss O COUNTY OF /n ) ti have satisfactory evidence was F ,19 I certify that there appeared before me a perso that I know or 9205130556 who signed this DEVELOPER'S AGREEMENT, on oath stated he is authorized to execute the instrument and acknowledged it as the Reg, �,,, i of 4t-4 /%.3.yr4i f g-- , to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. %%] DATED / ,e, / !� 119 ?Z PF /McLeod L L 4 'ice • Notary/4ublic in and for the State of Washington, residing at K / /2 /ccrr,c/� My Commission Expires 0-20-5,e, -12- MIZOa i s ►z iu ' 0 0 •U. :o 5- J C7 1- 0 0 N 1- • DESCRIPTION: 424.8 ?7 --' r • ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL TEAT PORTION OF HENRY DEADER • 'DONATION CLAIM F0. 46 IN THE FORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION '0F THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25. TOWNSHIP 23 NORTH, RANGE 1 EAST N.M.. BOUNDED AS FOLLOWS: ON THE WEST THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED. AS CONVEYED BY DEED RECORDED UNDER RECORDING NOS. 453941 AND 453943; • Oil THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50•FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD CO'LflANY'S OLD MAIN ' LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWS PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT, LOT 13; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT-OF-WAY, AS CONVEYED TO THE CITY O °'SEATTLE. BY DEED • • RECORDED UNDER RECORDING N0. 4131067; • EXCEPT THAT PORTION THEREOF. DESCRIBED AS FOLLOWS: • BEGINNING Aril POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO. MILWAUKEE. 5T. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY•A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM; THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF 80 FEET: • THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE. ST. PAUL A PACIFIC RAILROAD RIGHT- OF4(AY; cr- THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -NAY TO THE POINT OF BEGINNING; EXCEPT ALL COAL AND MINERALS 481) THE RIGHT TO EXPLORE FOR AND MINE TEE SAME. AS CONVEYED BY DEEDS RECORDED UNDER RING COUNTY RECORDING NOS. 8404050908 AND 8404050909 ;' • SITUATE IN THE CITY OF TUKWILA, COUNTY OF RING, STATE OF WASHINGTON. caEm_ aia v11 --- SialLIHMV \IC'! SSC6 NI 99r XVI Tr:69 o5'Si,'a8 • 1 I A 1 I 1 3 1 :4 1 ,...., 1 I 1-1 0 ■•■ 1 4 4 CITY OF TUKWILA 6200 SOUTEICENTER BLVD. TUKWILA, WA 88188 eI;d ■ BOUN RY LINE ADJUSTMENT/LOT Cc" 'SOLIDATION CITY OF TUKWILA, WASHING . ON LEGAL DESCRIPTIONS BEFORE THE ADJUSTMENT: FILE NO. 19,7-0/ /(o.. P.- c.�\ AV -AT AFTER THE ADJUSTMENT: o4cre DEPA ...:NT OF ASSESSMEN Examined and approved 3 Assessor OOOSBo - c.r,21 Z52-5o4-9CO 6Yz. NW ZS - - '+ • APPROVAL Deputy Assessor Department of Community Development Exan)ined and ap roved this .77 day of ,19PZ. irector, Dept. of Community Development Dept. of Public Works: Examined and aporoved this day of r4 4 r ,19J Filed for record at the request of: NAME irector, Dept. of Public Works Rehm to: Dept. of Community Development Planning Division City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington 93188 Page _....1-- of _'— • . • ATTACHMENT 0 EA . T . IDE CONSULTANTS INC. SURVEYORS LEGAL DESCRIPTION FOR TAX, LOT NO. 000580- 0021 -03: ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH 1/2 OF THE NRTHST THE NORTHWEST 1/4 ALL AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY THE SOUTH LINE OF HENRY MEADER DONATION CLAIM NO. 46 ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; _ EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: Cr") CD (I CY7 BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL 6 PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM: THENCE NORTHEASTERLY MEASURED AT RIGHT ANGELS TO SAID SOUTH LINE A DISTANCE OF 80 FEET: THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL 6 PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT- OF-WAY TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. 415 RAINIER BOULEVARD N. 1SSAOUAH, WASHINGTON 06027 PHONE: (X6)392 -5351 FAX: (206)392-4676 -pay., 2 of U W z EA T _ IDE CONSULTANTS INC. ENGlNEERS- vl SURVEYORS N 0 ATTACHMENT 2 F� i2 F- CC W -J U N Vf W -J J 1— c[ o Ni- S J 1—. z 0 zH Z o :=1 1— w 0 LEGAL DESCRIPTION FOR TAX LOT NO.252304- 9006 -05: ALL THAT PORTION OF GOVERNMENT LOT 11 AND THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANG: 4 EAST W.M., BOUNDED AS FOLLOWS:• • ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S L D MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONS_.WCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11; ON THE NORTH BY THE SOUTH LINE OF HENRY MEADER DONATION CLAIM NO. 46 SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. 415 RAINIER BOULEVARD N. 1SSAOUAH, WASHIn GTON 98027 PHONE: (206)392 -5351 FAX: (206)392 -4676 -pay 3 o f- 7 Apa, ATTACHMENT 3 EASTSIDE CONSULTANTS, INC. ENGINEERS NEW LEGAL DESCRIPTION: ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATE12 IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLI::3TON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCE ?T THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST *:ARGI•: OF THE CHICAGO, MILWAUKEE, ST. PAUL S. PACIFIC RAILROAD RIGHT- OF-WAY; THENCE EASTERLY A DISTANCE OF 12( FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM: THENCE NORTHEASTERLY MEASURED AT RIGHT ANGELS TO SAID SOUTH LINE A DISTANCE OF 80 FEET: THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL F. PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING: SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Subject to: the reservation of the extension of S as 30 feet eithe.r south of the south Claim No. 46, with west, east of the of the Burlington lot 11, northwestk a 60 foot right -of -way for trander Boulevard described side of a centerline 180 feet line of the Henry Meader Donation a bearing of North 87° 13' 32" Union Pacific Railroad, and west Northern Railroad in Government of Section 25, T.23N., R4E., W.M., as shown on attachment 4. 415 RAINIER BOULEVARD N. ISSAOJAH, WASHINGTON 98027 P14014F: (206)392-5351 FAX: (206)392 -4676 ?act`rLcj7 I 1, t- 1 1 1 1 1 1 1 1 1 1 J 57' co cI U) 110 � W 1100 Pr MM WW N 87'13'32" ATTACHMENT W 320.17' 131T EN PER SEATTLE ENGR. AKE PIPELINE` DEPT. BK.851 PC.45 -5 w 43' Ii N 8713'32" i7 N N 0) 120.54' w N 87'13'32" W 'co O w o N • 0 Z 208.36' 120.00' W 320.96' N 87'13'32" W 430T OIL PIPEUNE _EASEMENT AF5927062 [1 11 t II ° °- 0 o (0 II M o T ) [i] r 0 0 N Q) 0�oo- S II 11 u II - IIQ d } J 1 e3 -76 -bzw 0 w W w J Q W w • N . tn- � for- too 0 - N 0 = o M 1-- U N d Z N coin • SOUTH LINE OF Tr Nt ?el& 5—o)- 7 -6r W V) Z J U Z Q r z- 'r 0 z uj , 1-0 Q zow AFFIDAVIT OF OWNERSHJt DECLARATION: Know all men by these presents that we, the undersigned, owner(s) in fee simple and /or contract purchaser(s) of the land herein described do hereby make an application for a boundary line ad- justment /lot consolidation thereof. The undersigned further declare that the attached map is the graphic representation of said boundary line adjustment /lot consolidation and the same is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we hAve,set our)ds and seals. -,--r Name: _— - Name: Name: Name: Name: Name: Name: Name: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing in- strument, and acknowledge that — signed the same as k free and voluntary act and deed, for the uses and purposes therein mentioned. r m GIVEN under y hand and.offzt 1 seal this''"/ 7 day of , • -A5 STATE OF WASHINGTON County of King Notary Public irx'an residing at l tate of Washington, .a/ On this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing in- strument, and acknowledge that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of ,19 Notary Public in and for the State of Washington, residing at OFFICIAL NOTAPV SEAL OONAt n L M'(ES Notao. Puoac STA1 r rK WAS'm4(1•ON M Commas-eon Exprrrr. A4-K) 14.1909 J Page of 7 I i Agreement To Be Subject To A Sensitive Areas Ordinance t., eveloper of real property iocatUd at and more specifically ribed in Exhibit A attached hereto, hereby agrees, pursuant to the requirements of Tukwila Ordinance No.'s 1544 and 1550, that if the City of Tukwila will process the following applications: WAIkV OF i1Yr G, KI11Ve AF /1S gj'04'I0 RECD F MOICAT5k1OM iKEV(l;I// RECFEE CRSHSL x Z7, v a 409:7 lq 6.00 2.00 * ** *8.00 N ' the development of the property described in Exhibit A will be subject to all of the Sensitive Areas Ordinance provisions as n-. finally passed by the City Council even though those provisions may be more restrictive than any conditions or limitations --rte. ti imposed by or resulting from the processes described above. a rn cr-; O') The Undersigned agree(s) that these processes will be continued 1 solely at their risk and expense and that the result of the final Sensitive Area Ordinance may be to require extensive project -d- modification and re- evaluation or recision of the above 8, approvals. It is also understood and agreed that continuation of O-) these processes does not mean that applications not pending on November 20, 1989, for this project, will be accepted or processed unless the City Council approves a petition therefor. The undersigned acknowledges that the covenants herein run with the land described in Exhibit A and that this document will be recorded with the King County Department of Records and Elections and that these covenants cannot be released without the written consent of the City of Tukwila. STATE OF WASHINGTON ) ) ss. COUNTY OF KING Landowner Applicant X On this day personally appeared before me -_ , to me known to be the individual described in and who executed this instrument, and acknowledged that o /he signed the same as a free and voluntary act for the uses and purposes herein mentioned. )( Dated , , 199 00" 4:411.:*!eN t ly Public in and for e State No a W shington, residing at M appointment expires 3/ ��• ' ti ti4A $`�(i$ Vy,,�OF WP,,,� 0 $1BIBIT A That portion of the Henry Header Donation Claim No. 46, sectionn 24 and 25, Township 23 North, Range 4 East, Willamette Meridian, in Ring County, State bf Washington ,end designated by Ring County Assessor's office ad Tax Lot 13, lying Wen of the Burlington Northern Railroad Right -of -Way, East of the Union Pacific: Reiltoad R1 ht- of- Way,and south of a line 137 feet South of the North line of said bonation Claim and North of the city of Seattle Bow Lake Pipeline Right -of -Way. Together with that portion of the henry Header Donation claim No. 46 described above, beginning on the 2H Line of Primary state Highway No. 1 Green River interchange et Highway Engineering Station 211 149 + 25497 Point of Tangency "Y" 0 +00, Thence North 87 -07 -32 EAst along said "Y" Line 418.74 ft. to intersection with the Westerly Hergin of Puget Sound Power & Light RIght -of -Way, Thence Southerly along the Westerly Right -of -Way Margin to a point 20 ft. South of, measured at Right Angles.to the Easterly Produced Line of the above- deicrl!•0d "y ", Thence North 87• -00 -04 test 100 ft. to Easterly Margin of Puget Sound Power & Light Right -of -Way to the POINT OF BE01NNINOt Thence continuing Worth 87 -00 -04 East 124.74 ft. to Westerly Margin of Union Pacific Railroad Right -of -Way, thence North 03 -40 -04 East along the Westerly Right -of -Way Hergin to the Southerly Hergin of Lot 1 of the City of Tukwila Boundary Line Adjustment No. 81 -36 SPE Recording No. 8111090569, Thence South 87 -13 -29 West 127.45 ft., Thence South 01 -26 -34 Eaet to the POINT OF BE0IN11IN0. SUBJECT TOt CD Easement granted to the City of Tukwila dated December 15, 1973, recorded February 8, 1974, tinder Receiving No. 74020803651 CD Easement granted under instrument recorded under Receiving o- Ho. 34803491 Easement to be granted to the city of Tukwila for storm drainage purposes over the westerly 10' of the Property. ::, COMMONWEALTH LAND TIM enno ect &Who r MINNlphn. Pennsylvania FILED FOR RECORD AT REQUEST OF fEcE:vEd ruts lla� WHEN RECORDED RETURN TO Nsms ...- ..____.___.....__:..hB:Ji:� '!''*:RfJW. 1N•c;. ........�.._ Ada nss.. „...__�...�._ v.�n kI.Llfll)_LrA::►tiW G•fOhh-9tt033 „..”— ' «"•.�...•.”. CIIy, Stele. DD. _......_..._....._._�.._....._ C 1 Z i l 'i f._.._. .........._._ ............._.... r, THIS SPACE PROVIDED FOR RECORDER'S USE: KING Nri NO EXCISEOTAX DUE MAR 1 1991 E1177735 91:Il7.:111 RFCrr, F FF.CFFF CASH5I. ttl:li fi. 00 ?. nCt 4,,t.S. 11[ Special Warranty Decd 4U /fat -/ (re THEGRANTOR Section 1031 Services, Inc., a Washington Corporation forandincoraiderationof as part of an IRC Section 1031 Tax Exchange (_ ). In hand paid. grant , bargain , sell , convey , and confirm lo Stuart McLeod, a single person the following described real estate, situated in the county of King State of Washington: Legal description attached hereto and made a part hereof Dollar. The Grantor for i is a 11: and for i l' S auecr•eeon in interest do by these presents expressly limit the covenants of the deed to those herein expressed. and exclude all covenants arising or to arise by etaW tary or oUtcr implication, and do hereby covenant that against all persons whomsoever lawfully claiming or to claim by, through or under acid Grantor and not otherwise, 1. t will forever warrant and defend the mid deecribcd real estate. SECTION 1031 , INC., on STATE OP WASHINGTON' -) COUNTY J � On this day pononelly appeared before me to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that ._._._„ elgned the same as free and voluntary act and deed. for the tees and purposes therein menlio GIVEN under my hand __... day oL.._...___._»___._ 7 .• STATE OF WASHINGTON es. COUNTY OF._.... On this _t? D. _ day of before me, tho undenigncd. a Notary Public in and fo a Soto of Wash- ington, duly cowaiaolonod and sworn personally appcotooL ...... . Toi L. Clark to me known to be the .i17 6C- President DISi.X.:i .X1`t3Roltditilyw. fiii;Lati>retllipc_5 the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act end do-.d of said corpor- ation, for tho uses and purlovea therein mentioned, and on oath stated that S e--4: L _ out rind to execute the said instrument and that the seal the torpor to cal of Laid corporation. new my and official seolrhoroto,nlm dthe day and year fire( 'elan. Notary Public in and for o State-o ington. residing FORM 3157 (Washington • •la' , 0 Notary renitl n1 Puy e i,% _ ^'f 9f Washington. /^ j// / Ft Ior DESCRIPTION; EXHIBIT "A" 0 0 aft ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OP HENRY MEADER DONATION CLAIM NO, 46 IN THE NORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION OP THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25. TOWNSHIP 23 NORTH. RANG ©' ST W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITR AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11; ON THE NORTH BY THE SOUTH MARGIN OP THE CITY OP SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OP -WAY, AS CONVEYED TO THE CITY OF SEATTLE. BY DEED RECORDED UNDER RECORDING N0. 413106T; EXCEPT THAT PORTION THEREOP. DESCRIBED AS FOLLOWS: O BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST C:D MARGIN OP THE CHICAGO, MILWAUKEE. ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY; 07 THENCE EASTERLY A DISTANCE OF 120 FRET ALONG SAID SOUTH LINE OP SAID DONATION CLAIM; THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF 80 FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE. ST. PAUL 8 PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING; EXCEPT ALL COAL AND MINERALS AND TEE RIGHT TO EXPLORE FOR AND MINE THE SAME. AS CONVEYED BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 8404050908 AND 8404050909; SITUATE IN THE CITY OF TUKWILA, COUNTY OP KINO. STATE OF WASHINGTON. ' 44/ iedeaid STORM DRAIN SYSTEM EASEMENT 51:01. 11152 1. RECD ir 13.00 RECFEE Z.00 CRSHSL 4.',. 15 �i 55 FOR GOOD AND VALUABLE CONSIDERATION, receipt whereof is hereby acknowledged, Grantor, HELEN NELSEN, hereby conveys and warrants to Grantee, the CITY OF TUKWILA, Washington, its successors and assigns, a perpetual, nonexclusive easement under, over, through and across the property described below as Parcels A, BIC and D for a storm drainage system consisting of a drain pipe and associated improvements reasonably and necessarily related to construction and maintenance of such pipe. ti cV 1r, M This easement may also be used for the construction and maintenance (N.1 - of a sewer line and a water line if it is determined by the Grantee Q that the location of this easement is preferred and practical for this additional development, whether now or later. The easement property is described as follows and is illustrated in the sketch as marked Exhibits A, B, C and D to this document: PARCEL A A strip of land 10 feet in width which is 5 feet on each side of the following center line: Commencing at the intersection of easterly extension of the center -line of South 158th Street (Y -Line) and the west margin of Puget Sound Power and Light gompany right -of -way; Thence along said wesg margin south 01 20'15" west 15.02 feet; Thence north 87 09'10" east 100.03 feet to the easterly margin of Puget Sound Power and Light Company right -of -way to the true nri;nt of beginning; Thence north C7• G4 "'" '• _ ::n i.j '1•nence north Go 36'30" 4.4i feet to designated point "A "; continuing north 86 °36'30" east 70.63 feet to the westerly margin of the Chicago Milwaukee St. Paul Railroad right -of -way and terminus of. said center -line; Also, co m c. VE- L.?" C7 0 N- C \J Lf-7 CV O_ C7) 0 0 Beginning at said designated point "A "; thence 03-23'30" west 35.04 feet and terminus of said Located in the Henry Meader Donation Claim No. section 24, Township 23 North, Range 4 East, W. County, Washington. PARCEL B north center -line 46. in M., in King A strip of land 10 feet in width which is 5 feet on each side of the following center line; Commencing at the intersection of easterly extension of the center -line of South 158th Street (Y -Line) and the west margin of Puget Sound Power and Light gompany right -of -way; Thence along said wes8 margin south 01-20'15" west 15.02 feet; Thence north 87 09'10" east 150.62 feet; Thence north 86-36'30" east 75.04 feet to the westerly margin of the Chicago Milwaukee St. Paul Railroad right -of -way to the true point of beginning; Thence continuing north 86 °36'30" east 100.76 feet to the easterly margin of the Chicago Milwaukee St. Paul Railroad right -of -way and terminus of said center -line. Located in the Henry Meader Donation Claim No. 46, in Section 24, Township 23. North, Range 4 East, W.M., in Ring County, Washington. PARCEL C A 10 foot strip of land described as follows; Commencing at the intersectin of easterly extension of the center -line of South 158th Street (Y -Line) and the west margin of Puget Sound Power and Light &ompany right -of -way; Thence along said west margin south 01 20'15" west 15.02 fe8t; Thence north 87 09'10" east 150.62 feet; Thence north 86 36'30" east 175.80 feet to the easterly margin of the Chicago Milwaukee St. Paul Railroad right -of -way to the true point of beginning; Thence along said easterly margin south 03 °39'16" west 5.04 feet; Thence north 86 °36'30" east 243.76 feet; Thence north 39 40'26" east 66.65 feet; Thence south 87- 51'37" east 12.65 feet to the westerly margin Burlington Northern Railroad right -3f -way; -' along said westerly margin north 02 08'23" east n. 1b.uv �.._ Thence north 87`bi'.,," west 17.00 feet; Thence south 02 °08'23" west 5.25 feet; Thence south 39040'26" west 68.18 feet; Thence south 86 36'30" west 238.38 feet the easterly margin of the Chicago, Milwaukee St. Paul Railroad right -of -way; Thence along said easterly margin south 03039'16" west 5.04 feet to the true point of beginning; Located in the Henry Meader Donation Claim No. 46 in Section 24, Township 23 North, Range 4 Eaet, W.M., in Ring County, Washington. PARCEL D The east 15 feet of the following described property: That portion of Henry Meader's Donation Claim No. 46 lying west of Northern Pacific Railway and east of the Chicago Milwaukee and St. Paul Railroad, Northern Pacific Railway right -of -way, and south of a line 137 feet south of the north line of the above Meader's Donation Claim No. 46, and lying north of Bow Lake pipeline right -of -way; Less that portion'lying south of the following described line: ti Beginning at the intersection of the projected South 158th Street monumented line and the west margin of the Northern In Pacific Railway right -of -way; Thence northerly along the went margin of above said CV railway right -of -way a distance of 17.56 feet to the true point of beginnng; CT) Thence south 87 08'08" west a distance of 15.06 feet and the terminus of said line. Grantee shall provide hookup to Grantor's existing drain line, which is approximately midway between the Burlington Northern and Union Pacific rights -of -way, in this easement area. Grantee's work in the ditch area shall not impede Grantor's current drainage to the ditch. Also, Grantee shall permit Grantor the right to connect to the drainage ditch at various existing points, or as required, to drain Grantor's property, all subject to Grantee's permit requirements. After construction, Grantee shall restore the ground surface as nearly as possible to the condition in which it was at the commencement of the work. i 0 Grantee shall have the right at all times to enter the premises described above for the Purpose of inspecting, maintaining, improving, repairing, constructing, reconstructing, locating and relocating the atom drain lines, drainage ditch and associated improvements, and, temporaril ten feet Y during construction, to the adjacent of Grantors Propert shall occur so Y for construction access. Construction Nothing Pact to traffic on Longacree Way. in this Agreement Y• shall prevent Grantor and the same or another Grantee from utilizing this same easement for costs and maintenance of water and sewer ruction whenever r lines, if determined practical, and now or in the future. ti The coat of any inspection maintenance, improvement, repair, Cr) Shall construction, reconstruction, ruction, location and relocation of any and improvements s Y Public be borne b CT) personally pave, Y Grantee. Grantor Hamad ma or permit to be paved Y for parking lot and/or building � Grantors adjoining property runoff c g u8e and hook up to the system for aused by such paving, with additional hook-up costs to be borne by Grantor. Grantor acknowledges that Grantee does not waive any rights with respect to conditions that may be imposed for other and subs development. equent Because Grantor's property for many years has unavoidably and reluctantly accepted drainage from neighboring,,,. provision of (�*- ++..,__.. ^^"rhea wr «�_. • such - - -"yn L.I.D. or U.L.I.D., if and an L.I.D. or U.L.I,p, for drainage when ge is developed, Grantee agrees and guarantees that Grantor shall be entitled to be credited with the fair market value of this easement at that time as an offset against amounts otherwise assessable against Grantor's property. Accepted: Grantee Grantor Helen Nelsen State of Washington County of Ring I certify that there appeared before me as a person that I know or have satisfactory evidence was HELEN NELSEN who signed this STORM DRAIN SYSTEM EASEMENT and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument. DATED:WA... 4AL, .2 , 1990 - Approved as to Form Office of the City Attorney N•tary Public in and for t e State o as ington, residing at 1�y, My a intment expires, y— YL 0 0 TOUMA ENGINEERS 15668 West Valley Highway SEATTLE, WASHINGTON 98188 (206) 255-4100 JDB _t1/.SEt1L.A1 11C-P411• NtZSC <'•J -X/. PP-dr. BHIET NO /�.� / O1 1 64 CALCULAIEO BY ,4 7 DATE •—�2 ° CHECKED BY DAT! Z&' BCA ! ! k. it ?: - -,- - - .-- 1.._- -. - -.. - i -- _L--L.. _ ... 1_- 1-- -1 - E t - • . r P O 8 . _.._ .. .. - - -• - - — • A/B7 09'/0'x--* I vIQ ° t '� T:r:I i i i i I • 1 j._.i 1 I I i_ 1 1; i I I, i i EXHIBIT "A" ,.,,,,,w• 110,+17.... .... 1. i1 1 TOUMA ENGINEERS 15668 West Valley Highway SEATTLE, WASHINGTON 98188 (206) 2554100 0 4/45Liv/E.417 SHEET NO OF I CALCULATED UY fr7 7- DATE /4- 25-41° CHECKED OE DATE SCALE 20 ----1-1-• -1-1-1 —cx- - I --r - : ; . •1) a —1.-. 4 .-- -]-1---- C. --1-t---r--/______ 1 .- -1 .. - . . .• i..J_:._._; __4_ To I ----T _...l. . . . ... .1--- 11-- - 1 1 ___I L -S: I o..- 1 14 s 1-- --:- ----] ;.. ....1.--,_ _I-1-7-7 ---.11---. -t—r-- 1.f or .15.9n/DT.n=l1xle C,Y7D40,60' _1 ..: , . I • 1 I.;.--;-- .—.,—;•;;-- —,— . , 17- . ! ! ..›0•-7,6, ... I, — 1 - 1 - 7 .1. , •I• i• . • ; • - , 1 -,ze.. ial ,570-eiv 1 6,1-sefivafr - (1.1- ■;-- -4- Ln 1 1- _____;__ .• 1 , , 1 I. ; ck.J. ;__ .,.. Is° ka.: 73:134' 7 cr, : — I g ro9itr4 !We o'. s F2 - i - - 1 - :-. - • • • i - - - i - .] _ _ _ . _ . . . . • ; , 1 - co -1.- .1- 1. .• ...1 _ i __...: __ r_____. __ , . ; , 1 -i.. • • -. .l i-- 1 1* • I• I ; BI T "B" n • • • TOUMA ENGINEERS 15668 West Valley Highway SEATTLE. WASHINGTON 98188 (206) 2554100 0 0 • EKE? MO O► /{�y / CALCULATED By 1 r DATE /O.2S ?o /2-1/-9612.• CHECKED BY DATE SCALE Gi/ 1 I i� IA 1 v -, ` %v ; 1 ;� 9L i i ° i A, 1'. „„„i .. . ;- - . - , -1 -- . ' � - . •.. N: ; 1 1 • _i i r 111 �. _ I j _ ! -1 -- - i —I -1 -- -- —� -p ... 1 1 1 11 :tii N • .._ l i l I 1 '— 1 —i 1 1 1• 1 -:-I ! L_ I t 11 { a, • i. :-i f TT11P7 1' 1 71 � 1 1 I ± j I UI c -,-.1.--1 l j1 .1 j— — ---- -, • —' - - - 1 I EXHIBIT .C, r i... a _-T { ..• ___..f'�'� `�, '.:?° 4" �ai��� !"a"vPlA27SUT.4.'•�.•�P'UDl�1 r TOUMA ENGINEERS 15668 West Valley Highway SEATTLE, WASHINGTON 98188 (206) 2554100 • 0 0 JOB '4=-4 ec6-4 D " SHEET NO / Of CALCULATED SY M T DATE CHECKED eY /CO DATE J. SCALE / %O 6- 30 -89 - -89 • . • i 0011 BI T "D" 5c, i.� 4 =Z3 la..1 ■ ..... <4 • ' . la 4'1 C, la '....1. ••••• ......: .7.■ P.. •---: :4: IECEiVED TH S DAT R11. • A de. X. 10.17.,A.....”.7 0 0 MI • i► /AEU ford� RRe�cord at Request 01 Name__,_�(j;Q_ �ueaJ Agreement To Be Subject Sensitive Areas Ordinance The undersi ned owner and developer of real property located at .; et, .or / /ct .0174 /a,/ fr ry and more specifically described in Exhibit A attached hereto, hereby agrees, pursuant to the requirements of Tukwila Ordinance No.'s 1544 and 1550, that if the City of Tukwila will process the following applications: /c/ nLC% 71( T - * /? renis j /i(, /1e//YI 7 0 _- --CZ ' P / 9 /CC & IC LJ 90/10,31 #0530 D RECD F 7.00 RECFEE 2.00 CASHSL 4.$:*:v9.00 55 the development of the property described in Exhibit A will be eubject to all of the Sensitive Areas Ordinance provisions as finally passed by the City Council even though those provisions may be more restrictive than any conditions or limitations imposed by or resulting from the processes described above. The Undersigned agree(s) that these processes will be continued solely at their risk and expense and that the result of the final Sensitive Area Ordinance may be to require extensive project modification and re- evaluation or recision of the above approvals. It is aluo understood and agreed that continuation of these processes does not mean that applications not pending on November 20, 1989, for this project, will be accepted or processed unless the City Council approves a petition therefor. The undersigned acknowledges that the covenants herein run with the land described in Exhibit A and that this document will be recorded with the King County Department of Records and Elections and that these covenants cannot be released without the written consent of the City of Tukwila. STATE OF WASHINGTON ) ) ss. COUNTY OF KING On this day personally appeared before me srmer i?ecab o2- , to me known to be the individual described in and who executed this instrument, and acknowledged that s /he signed the same as a free and voluntary act for•the uses and purposes herein mentioned. Dated !i- 2 , 19 N. ary Pub is in and for the ate of Washington, residing at / <o.e(c.6. 0 . My appointment expires ?-Pe . / OO zoo O Parcel !12 9.60 Ac CD Tax Lot 000580- 0013 -03 CT• v Parcel u1 4.70 Ac 'ax Lot 242304- 9034 -02 DESCRIPTION: THAT PORTION OF GOVERNMENT LOT 8 IN SECTION 24, TOWNSHIP 23 NORTH. RANGE 4 EAST N.N.. AND THE HENRY MEADER D. C. N0. 48 IN SAID SECTION 24. DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OP THE CHICAGO MILWAUKEE AND ST. PAUL RAILWAY RIGHT -OP -WAY 137 FEET SOUTH OP THE HORTR LINE OF SAID HENRY MEADER D.C. NO 48; THENCE EASTERLY'AND PARALLEL TO SAID NORTH L1NE OF THE D.C. 285.54 PEET, MORE OR LESS, TO THE WEST LINE OP THE NORTHERN PACIPIC AYORO SAID NEST LIMB OF THENCE NORTHERLY AND NORTHWESTERLY CURVING TO TEE LEFT THE RIGHT -OP -WAY 918 FEET. MORE OR LESS, 70 THE SOUTHERLY LINN OF THE RENTON JUNCTION COUNTY ROAD N0. 1139 (SOUTH 153RD STREET); THENCE SOUTH 80•49' NEST ALONG SAID SOUTHERLY LINE OF COUNTY ROAD 80.7 PEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID CHICAGO MILWAUKEE AND ST. PAUL THENCE SOUTHERLY ALONG SAID LINE OF RIGHT -OP -NAY 881 PEET, MORE OR LESS, RAILWAY, RIGHT -OP -MAY; TO THE BEGINNI001 TOETHER WITH VACAT ON ATTACHED TO STREET OF LW; ADJOINING, WHICH UPON EXCEPT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY N0. 1, JCT. SSR 2 -14 TO JCT. PSR N0. 2 IN RENTON, BY DEED RECORDED ' UNDER RECORDING N0. 5507480; SITUATE IN THE CITY OF TUKWILA, COUNTY OP KING. STATE OF WASHINGTON. DESCRIPTION: THAT PORTION OP HENRY MEADER DONATION CLAIN N0. 48 IN SECTIONS 24 AND 25. TOWNSHIP 23 NORTH. RANGE 4 EAST N.M.. LYING WEST OP THE BURLINGTON - NORTHERN RAILROAD RIGHT -OF -WAY, EAST OP THE OREGON- WASHINGTON RAILROAD AND NAVIGATION COMPANY RIHT-OP-WAY AND SAID NATION CLAIM AND NORTH SOUTH P PTHE CITY IOP SEATTLE BON LAKE EPIPELI LINE OP NE RIGHT-OF -WAY; SITUATE IN THE CITY OP TUKWILA, COUNTY OF KING. STATE OF WASHINGTON. rya v 77-7 Parcel #3 Tax Lot 000580- 0021 -03 Lt CT: Parcel #4 Tax Lot 252304- 9006 -05 2.45 Ac 6.70 Ac DESCRIPTION: ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM N0. 48 IN THE NORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 1 EAST W.M., BOUNDED AS FOLLOWS: ON THE WEST THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED. AS CONVEYED BY DEED RECORDED UNDER RECORDING NOS. 453941 AND 453943: ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; OH THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO 7HE SOUTH LINE OP SAID GOVERNMENT LOT 11; ON THE NORTH BY THE SOUTH MARGIN OF 7HE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY. AS CONVEYED TO THE CITY OP SEATTLE. BY DEED RECORDED UNDER RECORDING N0. 4131087; EXCEPT THAT PORTION THEREOF. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO. MILWAUKEE. Sr. PAUL 8 PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY•A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM: THENCE NORTHEASTERLY MEASURED AT RIGHT ANOLES TO SAID SOUTH LINE A DISTANCE OP 80 FEET: THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE. ST. PAUL 4 PACIFIC RAILROAD RIGHT- OF-WAY: THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY 70 THE POINT OF BEGINNING: EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME, AS CONVEYED BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 8404050908 AND 8404050009; SITUATE 111 THE CITY OF TUKWILA, COUNTY OF KING. STATE OF WASHINGTON. 3 •s U4 /JU /UH iz:3! rtA C After Recording, Return To Ferguson & Wardell Pacific •First Centre 1420 Fifth Avenue D3400 Seattle, WA 98101 -2339 Attn: Scott B. Osborne RECEIVED JUN 0 81999 COMMUNITY DEVELOPMENT MEMORANDUM OF GROUND LEAVE HELEN B. NELSEN, a single person ( "Landlord ") hereby leases to MCLEOD DEVELOPMENT COMPANY, a Washington corporation ( "Tenant "), and Tenant hereby leases from Landlord, that certain real property (the "Property "), the legal description of which is set forth in Exhibit "A" attached hereto and incorporated by this reference herein. C1:4 The lease of the Property is pursuant to the terms and u") conditions of that certain Ground Lease dated as of March 12, 1990, ..O, executed by Landlord and Tenant, which is hereby incorporated Cv herein in its entirety by this reference. Among other provisions, the Ground Lease provides for the following: Cl D, Term: Forty -one (41) years and approximately two and one -half (24) months, commencing March 12, 1990, and terminating May 31, 2031. Options: Three (3) extension options each of ten (10) years duration. Access: Landlord has granted Tenant the right of access to and from the Property by assigning her easement rights in those areas of access describe in Exhibit "B" attached hereto and incorporated by this reference herein. This Memorandum is executed by the Landlord and Tenant for the purpose of recording with the Department of Records and Elections for Ring County, Washington. If there is any conflict between the terms of this Memorandum and the Ground Lease, the provisions of the Ground Lease shall control. 016E1409 41447291 03/12/90 Dated this 12th day of March, 1990 Address: LANDLORD: • /, n ' j/ 1 HELEN B. NELSEN, a single person c/o Ross A. Tunnell, Jr. 1110 North 175th Street, 1218 Seattle, WA 98133 TENANT: MCLEOD DEVELOPMENT COMPAN a Washington co poration: By: Stuart' McLeod, P esident Address: 213 Lake Street South Kirkland, WA 98033 90'03'12 #1655 A RECD F C.00 RECFEE 2.00 CASHSL 0 10.00 LY_1 U U U4 /JU /U9 IZ: Ji tAA I. STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this day personally appeared before me HELEN 8. NELSEN, to me known to be the individual described' in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 0.4'5_ day of cr.. 0.4Aa6, , 1990. CQ ON ( STATE OF WASHINGTON ss. COUNTY OF KING Notary Publ c in an for the St to Of Washington, residing at . a -C My commission expires: ¥-9i-ff I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the parson whose true signature appears on this document. On this day of MaL•fle+ , 1990, before me personally appeared STUART MCLEOD, to me known to be the President of MCLEOD DEVELOPMENT COMPANY, a Washington corporation, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. 0160 U09 4144n91 03, I V90 Notary Public n and for the S ate of Washington, residing at My commission expires: 4i-e29• ` D tgJUUJ 04/30/99 1Z:31 FAA E18IBIT A That portion of. the Henry Meader Done EnsClaiilNNe. 46, Sections 24 and 25, Township g 4 Meridian, in Ring County, State of Washington ,and designated by Ring County Aasessor'u Office as Tax Lot 13, lying West of the Burlington northern Railroad Might-of-Way, East of the Union Pacific Railroad Right- of- Way,and south of a line 137 feet South of the North line of said Donation Claim and North of the City of Seattle Bow Lake Pipeline Right -of -Tay. a` Together with that portion of the Henry Meader Donation Claim No. 46 described above, beginning on the 2M Lino of Primary N state Highway No. 1 Green River Interchange at Highway Engineering Station 2M 149 + 25.97 Point of Tangency "Y" 0 +00, Thence North 87 -07 -32 EAst along said "Y" Line 418.74 ft. to intersection with the Westerly Margin of Puget Sound Power 6 Light Right -of -Way, 3` Thence Southerly along the Westerly Right -of -Way Margin to a point 20 ft. South of, measured at Right Angles to the Easterly Produced Line of the above - described "Y ", Thence North 87 -08 -04 East 100 ft. to. Easterly Margin of Puget Sound Power 6 Light Right -of -Way to the POINT OF BEGINNING: Thence continuing North 87-08 -04 East 124.74 ft. to Westerly Margin of Union Pacific RAilroad Right -of -Way, thence North 03 -40 -04 East along the Westerly Right -of -Way Margin to the Southerly Margin of Lot 1 of the City of Tukwila Boundary Line Adjustment No. 81 -36 SPE Recording No. 8111090569, Thence South 87 -13 -29 West 127.45 ft., Thence South 01 -26 -34 East to the POINT OF BEGINNING. SUBJECT TO Easement granted to the City of Tukwila dated December 15, 1973, recorded February 8, 1974, under Receiving No. 7402080365; Easement granted under instrument recorded under Receiving No. 3480349; Easement to be granted to the City of Tukwila for storm drainage purposes over the westerly 10' of the Property. memo LPJ004 04/30/99 12:38 FAA l V E�IBIT B Description of Rights of Access Acneae and Egreea to and from the property is by way of S. 158th Street (also ]moon as Longecree Way) in the City of Tukwila, Washington. Entry iu from West Valley Highway and acroae S. 158th St. to the Puget Power & Light Company Right -of -Way. Helen 3.'Jeleen. or of the property to be leased, also owns a 30 ft. Taeement.tbrougb the Puget Power It Light Company Right -of -Way, and ebe also owns a L0 ft. vide parcel of land on Longacree Way which servee ae a road to the Union Pacitieleilsoad Right - of-Way under which she owns another easement, this time of 30 ft. width. providing entry to the area being leased. Longecree Race Track also bas an easement providing access and egress from their property to the Peet, and thie easement le provided by Helen B. Nelsen for their benefit, but it is not en exclusive easement, for the road kaowri as Longacree Way le.available for use by the general publio. A TICOR TITLE flf'.�i tANCE �Ue »•��� r. tf'r= ::t"k7:ttf ltLG Peal& SetoRrialltequeu of IS t. t AFTER RECORDING MAIL T0: David C. Dobson Dobson, Houser a Dobso Y.O. Box 59 Renton, WA 98057 -0059 »w east etrt.410 aggro 4 ear ( APR 17 ' 9 1455347 fta ll i5' ;1• rtrtwur en 17 #1210 G F ,. oil SL ../444 RF tm 55 RECEIVED 0 N rlv 0 THE GRANTOR Helen E. Nelsen, as her separate estate. Statutory Warranty Deed cam t,Ee anti JUN 8 1999 COMI UNITY DEVEL.PMENT for and In eotsidetailoa of Twenty Thousand Sixteen and 00/100 Dollars ($20, 016.00) - -- . In Nod paid convey) sad uatetants to Robert R. Losoy, Sr. and Winona 14. Loney, hseband and wife, the following described real ante situated in the County of King . State of Watdno oa: See Exhibit "A" attached. Dated this 4.-n7 dayo( ►,4 , 1999. h'. i.&' 6. Nets By....d�......... —. By We,- a. Ho ', ••, ' STATE OF WASHINGTON Como. of /LING Oa Ai` SM -.Ia 4 f 1. A O. I9 8 9 before me. the uncle-Mood. u Netarr Pub1a I fad for the Stavo of Washington duly eommitioped and sworn peoonally appeared Ja1AR_A. baleen to me known to be the individual who mooned ihot foregoing instortneft es mummy la lam of Helen B. Nelsen 1- thordn dnertbrci and acknowkdted to me that _be Mined gad scaled the said instrument as ouch mummy to fact for said prindpaL freaky and voluntarily. for the uses and purports therein mentioned. and on oath stated that the power of.uomay authorisiag th. aseaaion of this instrument hu not been revoked and dat the said_ Helen B. 1l 1e en 4 now living. WITNESS my hand and official seal berate wised toe day anted'ee�os in ehG ecrtiftca o t above wenon. C it Noun, /ebuc 1.a for State of Washinatun yy t.1ld1asat.. (A4..er t.da...t q* Ao..o. 1 Fan Mar ritie commission iu nc Cmy et tee: t7/IECt9Q £OO'ZOO d 31111 N10 I'13WN 1S J I d 8O:cT 666T- 90-NNI EXHIBIT A" That portion of Henry Meader Donation Claim No. 46 in the Southeast Quarter of the Southwest Quarter of Section 24, Township 23 ■rth, Range 4 East, W.M. In King County, Washington. described as follows: Commencing on the 2M line survey of primary State Highway No. 1 Green River Interchange at Highway Engineers Station 2 -M, 149 +25.97 P.O.T. -r 0 +00; thence North 87°07'32' East along said 'Y" line 418.74 foot to an intersection with the westerly margin of the Puget Sound Electric Railway right of way: Thence southerly along said westerly right of way margin to a point 20 feet South of measured at right angles to., the easterly production of the above- described 'Y' line; thence North 87 °08'04' East 100.00 feet to the easterly margin of said Puget Sound Electric Railway right of way and the true point cq of beginning; thence continuing North 87 °08'04' East 124:74 feet to the westerly margin of the Chicago. Milwaukee, St. Paul Railroad right of way; 'Q thence South 03 °40'04' West along said westerly right of way margin tr 327.11 feet; thence South 87 °08'04' West 95.59 feet to the easterly margin '°3 of said Puget Sound Electric Railway right of way; thence North 01°26'34" West along said easterly right of way margin 325.10 feet to the true point of beginning; subject to an easement for ingrers and egress over and across the West 30.00 feet thereof; and except that portion of Henry Meader Donation Claim No. 46 in the Southeast Quarter of the Southwest Quarter of Section 24, Township 23 North. Range 4 East, W.M., in King County, Washington, described as follows: Commencing on the 2M line survey of Primary State Highway No. 1 Green River Interchange at Highway Engineer's Station 2 -M, 149 +25.97 P.O.T. "Y' 0+00; thence North 87 °0732' East along said "Y" line 418.74 feet +o an intersection with the westerly margin of the Puget Sound Electric Railway right of way; thence southerly along said westerly right of way margin to a point 20 feet South of, measured at right angles to. the easterly production of the above - described 'Y' line; thence North 87 °08'04° lust 100.00 feet to the easterly margin of said Puget Sound Electric Railway right of way and the true point of beginning; thence continuing North 87 °08'04' East 124.74 feet to the westerly margin of the Chicago, Milwaukee, St. Paul Railroad right of way; thence South 03°40'04" West along said westerly right of way margin 226.46 feet; thence South 87 °0804' West 104.56 feet to the easterly margin of sald Puget Sound Electric Railway right of way; thence North 01 °26'34' West along said easterly right of way margin 225.07 feet to the true point of beginning; subject to said easement for ingress and egress over and across the West 30.00 feet thereof. 200/200'd 3-11I1 t4HDI ?3WH 1 rJIA SRI :7t F1 T- c111 -NHr • GLACIER PARK LIQUIDATING COMPANY LAW DIVISION SEATTLE, .WASHINGTON Q) 560- 2.011547 cD e °a 0. l�l14(19 B RECC:. F r:. 00 -N`HSL *'4".:a °0.00 Executed in 2 Counterparts of which this is Number KIffGlOVIYTY 0 110 EXCISE TAX APR5 1984 gf ;'76'7933 WASHINGTON CONFIRMATION SPECLAL WARRANTY DEED NO. ML&MCo. 34672 GRANTOR, GLACIER PARK LIQUIDATING COMPANY, a Minnesota corporation, (formerly named Glacier Park Company and Glacier Park Hotel Company), whose General Office address is 1111 Third Avenue, Suite 1000, Seattle, Washington 98101, a wholly owned subsidiary corporation of Burlington Northern Inc., (successor in interest and title by merger to Monad Company, Cuyuna Realty Company and St. Louis and Kansas City Land Company, successor in interest and title to Washington and Great Northern Townsite Company, and Somers Lumber Company formerly named John O'Brien Lumber Company), in confirmation for record of a distribution of its properties, including the "premises" hereinafter described, made January 4, 1982, by the Grantor named herein for no consideration and without as- sumption of liabilities unto its sole shareholder Burlington Northern Inc., and in confirmation for record of a contemporaneous contribution of certain of said properties so received including the "premises" hereinafter described made by Burlington Northern Inc., for no consideration and without assumption of liabilities to the capital structure of the Grantee named herein, DOES HEREBY CON- VEY AND WARRANT unto GRANTEE, MERIDIAN LAND & MINERAL COMPANY, a Montana corporation, a wholly owned subsidiary of Burlington Northern Inc., whose general office address is 800 First Northwestern Bank Center, 175 North 27th Street, Billings, Montana 59101, all of GRANTOR'S right, title and interest, legal and equitable, whatsoever, in and to all geothermal heat and all ores and min- erals of any nature whatsoever, including, but not limited to coal, iron, gas occurring in coal forma- tions to the extent the same is produced in conjunction with coal development and extraction opera- tions, industrial minerals, metallic minerals, aggregates, sand and gravel, rock, including but not limited to rock of a unique character (excepting oil and gas which was previously granted by Grantor to Mile :one Petroleum, Inc. by Confirmation Special Warranty Deed), (collectively "minerals "), whethe. . {urface or subsurface in, upon, under or which may be produced from the real property here- inafter and in the attached Description of Property described (collectively called "premises ") together with the right to enter upon the premises for the purposes of prospecting and exploring for said miner- als by geophysical, geochemical or other means, and for the purpose of drilling, extracting, opening, developing, and processing said minerals and erecting, operating and working any extraction and processing facilities by any procedure whatsoever, and the taking out, removing, carrying away, transporting and storing all such minerals, and to enter upon, occupy, make use of and consume and the right to control the entry upon, occupation, use and consumption of so much of the surface of said premises as may be necessary for all such purposes, together with the tenements, hereditaments and appurtenances subject tb the encumbrances thereon including but not limited to those described herein and in the attached Description of Property, (collectively "premises "), whether acquired or held in the name of tnli: GRANTOR or in the name of some other person, entity or corporation for its use or on its behalf whatsoever. TO HAVE AND TO HOLD all and singular said premises unto GRANTEE its successors and assigns FOREVER, AND FURTHER, except as otherwise stated in said Description of Property, GRANTOR, for itself and its successors, does hereby covenant with GRANTEE, its successors and assigns, that GRANTOR has not made, done, executed or suffered any act or thing whatsoever whereby said premises, or any part thereof, now are, or at any time hereafter shall or may be, imperiled, charged or encumbered in any manner whatsoever, AND subject to said encumbrances the title to the said premises against all persons lawfully claiming same from, by, through or under GRANTOR, GRANTOR WILL WARRANT AND DEFEND. IN WITNESS WHEREOF, the GRANTOR has caused this instrument to be executed by its proper officers duly authorized this 2nd day of August 1982. GLACIER PARK LIQUIDATING COMPANY (Impression of the Corporate Seal of- 6facitr Park Liquidating Coo S ny.:ti 1.DSdnn9sota corporation) e•: By Robert L. Bartholic Vice I'resident Attest_ l= r2!fClii"‘i'(.. Caroline E. Thoma Assistant Secretary Page 1 of Pages ItJ1)1 ..PIS :7 (Impression of Notarial Seal) STATE OF- WASHINGTON ss COUNTY. OF KING The foregoing instrument was acknowledged before me this 2nd day of August 1982, by ROBERT L. BARTHOLIC AND CAROLINE E. THOMA, a Vice President and an Assistant Secretary re- spectively of GLACIER PARK LIQUIDATING COMPANY, a Minnesota corporation, for and on behalf of the corporation. LOR TA U. ROSENDE, Notary Public In and for the State of Washington, Residing in Seattle, Washingtoiss" . My commission expires April QB;: 1986" • .i•. ti Conveyancing, State Deed Tax, Excise Tax, etc. Due Hereon: None. Unless otherwise directed, Real Property Taxes for the within described premises of GRANTEE Should be Sent to: Meridian Land & Mineral Company c/o Property Tax Division Burlington Northern Railroad Company 208 Central Building 810 Third Avenue Seattle, Washington 98104 This Instrument was Drafted By: ROBERT L. BARTHOLIC Attorney - at-Law Vice President -Law Glacier Park Liquidating Company 1111 Third Avenue, Suite 1000 Seattle, Washington 98101 (206) 625 -6569 When Recording Is Complete Please Return To: Meridian Land & Mineral Company c/o R. E. Wilhelm FIN Timberlands Inc. Central Building. Suite 650 810 Third Avenue Seattle, Washington 98101 Page 2 of Pages t+. EXHIBIT A DESCRIPTION OF PROPERTY TO CONFIRMATION SPECIAL WARRANTY DEED NO. 34672 DATED AUGUST 2, 1982 Description of the real property, the personal property if any, the hereditaments and appurtenances, and the encumbrances thereon, conveyed and warranted by that certain Confirmation Special Warranty Deed above referred to, of which this Description of Property is a part, made by GRANTOR, GLACIER PARK LIQUIDATING COMPANY and running in favor of GRANTEE, MERIDIAN LAND AND MINERAL COMPANY, situate in the County of King, State of Washington to wit: MINERAL TYPE: ALL MINERALS EXCEPT OIL, GAS AND OTHER HYDRO- CARBONS cD LEGAL DESCRIPTION SEC. TWP. RGE. ACRES u ALL THAT PART OF LOT 20 OF BLOCK CD 91, OF GILMAN'S ADDITION TO THE CITY OF SEATTLE, LYING NELY OF THE NELY LINE OF WEST EMERSON PLACE, AS ESTABLISHED BY ORDINANCE NUMBER 78820, DATED 3/29/50. 39SF ALL THAT PART OF LOTS 28 AND 29 IN BLOCK 91 OF GILMAN'S ADDITION TO THE CITY OF SEATTLE, LYINC NLY OF THE NLY MARGIN OF WEST EMERSON PLACE AS ESTABLISHED BY ORDINANCE NO. 78820 OF THE CITY OF SEATTLE. THAT PART OF GOVT. LOT 9 AND THE HENRY MEADER DONATION CLAIM NO. 46, DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SECTION. THENCE S 0 °49'10 "W, ALONG THE EAST LINE OF SECTION A DIST. OF 180.01 FT. TO AN INTERSECTION WITH A LINE PARALLEL TO AND 180 FT. SLY, MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SECTION. THENCE N 87 °12'59 "W, PARALLEL WITH SAID NORTH LINE, 20.01 FT. TO AN INTERSECTION WITH A LINE PARALLEL TO AND 20.00 FT. WLY, MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SECTION, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE N 87 °12' 59 "W, PARALLEL AND 180.00 FT. SLY OF THE NORTH LINE OF SECTION, A DIST. OF 1026.07 FT.; THENCE S 1° 01'19 "W A DIST. OF 1095.58 FT.; THENCE S 88 °24'48 "E A DIST OF 1029.43 FT. TO A POINT ON A LINE 20 FT. WLY., MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SECTION; THENCE N 0 °49'10 "E PARALLEL TO SAID EAST LINE 1074.19 FT. THE THE TRUE POINT OF BEGINNING. 25 23N 4E THE SOUTH 15 FT OF THE WEST 1341.56 FT. OF THE SW1 /4SE1 /4 AND THE SOUTH 15 FT. OF THE :AST 196.64 FT. OF THE SE1 /4SW1/4 25 23N 4E .53 3 EXHIBIT A DESCRIPTION OF PROPERTY CONTINUED TO CONFIRMATION SPECIAL WARRANTY DEED NO. 34672 DATED AUGUST 2, 1982 MINERAL TYPE: ALL MINERALS EXCEPT OIL, GAS AND OTHER HYDRO- CARBONS LEGAL DESCRIPTION SEC. TWP. AGE. ACRES ALL THOSE PARTS OF GOVT. LOTS 10,11, SW1 /4NE1 /4, SE1 /4NW1 /4, LYING NORTH OF A LINE PARALLEL AND 545.6 FT. NORTH, MEASURED ALONG THE EAST LINE OF SAID SW1 /4NE1/4 AND THE INTERSEC- TION OF THE EAST -WEST QUARTER LINE OF SECTION WITH THE EAST LINE OF THE SW1 /4NE1 /4 AND EAST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT OF THE EAST - WEST QUARTER LINE OF SECTION 60 FT. EAST MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF BURLINGTON NORTHERN R /W; THENCE NLY 1100 FT. PARALLEL TO SAID EAST R/W LINE OF BURLINGTON NORTHERN TO A POINT; THENCE NWLY TO A POINT ON SAID EAST R/W LINE DIST- ANT 289.12 FT SOUTH ALONG SAID EAST R/W LINE FROM INTERSECTION OF HENRY MEADER DONATION LAND CLAIM AND THE SAID EAST R/W LINE OF BURLINGTON NORTHERN. EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF HENRY MEADER DONATION LAND CLAIM NO. 46 AND THE EAST LINE OF GOVT. LOT 10; THENCE SLY ALONG THE SAID EAST LINE A DIST. OF 255.38 FT; THENCE WLY. ON A STRAIGHT LINE TO A POINT ON THE EAST LINE OF THE NORTHERN PACIFIC RAILWAY COMPANY R/W 289.12 FT. SLY., AS MEASURED ALONG SAID R/W LINE FROM THE INTER- SECTION OF SAID R/W LINE AND THE SOUTH LINE OF SAID LAND CLAIM; THENCE NLY ALONG SAID EAST LINE OF NORTHERN PACIPIC RAILWAY COMPANY R/W TO THE SOUTH LINE OF SAID LAND CLAIM; THENCE ELY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. 25 23N 4E 46.10 ALL THOSE PARTS OF GOVT. LOT 9 AND SE1 /4NE1/4, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 20 FT. WEST OF THE EAST LINE OF GOVT. LOT 9 AND 1254.20 FT. SOUTH OF THE NORTH LINE; THENCE N 88'24'48 "W 1029.43 FT, MORE OR LESS, TO A POINT 300 FT EAST OF THE WEST LINE OF GOVT. LOT 9; THENCE S 1 °01'49 "W ON A LINE PARALLEL TO AND 300 FT. EAST OF THE WEST LINE OF GOVT. LOT 9 AND THE WEST LINE OF SE1 /4NE1/4 845.23 FT; THENCE S 88° 24'48 "E 1032.55 FT, MORE OR LESS, TO A POINT 20 FT. WEST OF THE EAST LINE OF SAID SE1 /4NE1/4; THENCE N 0 °49' 10 "E 845.19 FT. TO THE PLACE OF BEGINNING. 4 25 23N 4E 20.03 :J Tr 3 0A EXHIBIT A DESCRIPTION OF PROPERTY CONTINUED TO CONFIRMATION SPECIAL WARRANTY DEED NO. 34672 DATED AUGUST 2, 1982 MINERAL TYPE: ALL MINERALS EXCEPT OIL, GAS AND OTHER HYDRO- CARBONS LEGAL DESCRIPTION SEC. TWP. RGE. ACRES NORTH 330 FT. OF NW1 /4SE1/4NW1/4, AND THE SOUTH 210 FT. OF LOTS 2, 11 25 23N 4E THAT PART OF THE NW1 /4NE1/4 AND THE NE1 /4NW1 /4, DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE HENRY ADAMS DONATION LAND CLAIM; THENCE EAST ALONG THE CENTER LINE OF SOUTH 180TH ST.(FORMERLY A COUNTY ROAD) 114 FT; THENCE NORTH 674.78 FT TO THE TRUE POINT OF BEGINNING; THENCE NLY ON A STRAIGHT LINE PARALLEL TO THE EAST LINE OF THE NORTHERN PACIFIC RAILWAY COMPANY R /W, TO THE NORTH LINE OF SECTION; THENCE ELY ALONG THE NORTH LINE OF SECTION TO A POINT THEREON WHICH IS 881.37 FT. WEST OF THE NE CORNER OF THE NW1 /4NE1 /4 THEREOF; THENCE S 3 °40'00 "W, 730.69 FT; THENCE N 84 °34'00 "W, 649.70 FT. MORE OR LESS TO THE TRUE POINT OF BEGINNING. 36 23N 4E THAT PART OF THE NW1 /4NW1/4, DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE SECTION; THENCE S 0'49'10 "W, ALONG THE WEST LINE OF THE SECTION, A DIST. OF 180.01 FT. TO AN INTEF.- SECTION WITH A LINE PARALLEL TO AND 180 FT. SLY, MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE SECTION; THENCE S 89'52'01 "E, PARALLEL WITH SAID NORTH LINE, 20.00 FT TO AN INTERSECTION WITH A LINE PARALLEL TO AND 20 PT ELY, MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SECTION, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE S 89'52' 01 "E, PARALLEL AND 180 FT SLY OF THE NORTH LINE OF SECTION, A DIST. OF 910.93 FT TO A POINT ON A LINE 70 FT WLY, MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID NW1 /4NW1/4; THENCE S 1 °35'12 "W, PARALLEL TO SAID EAST LINE, 794.72 FT TO A POINT OF CURVA- TURE OF A CURVE TO THE RIGHT OF A RADIUS 344.265 FT; THENCE SWLY ALONG SAID CURVE 369.79 FT TO A POINT FROM WHICH THE CENTER OF THE CIRCLE OF SAID CURVE BEARS S 26 °52'12 "E; THENCE N 88 °24'48 "W 716.02 FT TO A POINT ON A LINE PARALLEL TO AND 20.00 FT ELY OF, MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID SECTION; THENCE N 0'49'10 "E ALONG SAID PARALLEL LINE, 1074.37 FT TO THE TRUE POINT OF BEGINNING. 30 23N 5E SiU40J6J03 • EXHIBIT A DESCRIPTION OF PROPERTY CONTINUED TO CONFIRMATION SPECIAL WARRANTY DEED NO. 34672 DATED AUGUST 2, 1982 MINERAL TYPE: ALL MINERALS EXCEPT OIL, GAS AND OTHER HYDRO- CARBONS LEGAL DESCRIPTION SEC. TWP. AGE. ACRES THAT PART OF THE NE1 /4NW1 /4 AS RESERVED BY DEED DATED NOVEMBER 16, 1978, AND RECORDED NOVEMBER 30, 1978, UNDER AUDITOR'S FILE NO. 7811301026, RECORDS OF KING COUNTY, WASHINGTON, GLACIER PARK COMPANY CONVEYED CERTAIN PROPERTY IN KING COUNTY, WASHINGTON, TO BROADACRES, INC. THAT PART OF THE NW1 /4 AND THE N1 /2N1 /2NE1 /4SW1 /4 AS RESERVED BY QUITCLAIM DEED DATED SEPTEMBER 18, 1981, GLACIER PARK COMPANY CONVEYED CERTAIN PROPERTY IN KING COUNTY, WASHINGTON, TO THE HOUSING AUTHORITY OF THE COUNTY OF KING. 31 23N 5E 24.68 32 23N 5E 45.07 • 810406308 D for Rcc7.:, of of which this is Number RECD F CAS•HSL 8. 00 #'9'I8 8 ****P.00 Executed in 2 Counterparts GLACIER PARK LIQUIDATING COMPANY LAW DIVISION SEATTLE, WASHINGTON 560 - 2.11546 MHO G)UNIY N4 I% TAX APR 5 1984 1411!74;7932 WASHINGTON CONFIRMATION SPECIAL WARRANTY DEED NO. MPI- 34681 GRANTOR, GLACIER PARK LIQUIDATING COMPANY, a Minnesota corporation, (formerly named Glacier Park Company and Glacier Park Hotel Company), whose General Office address is 1111 Third Avenue, Suite 1000, Seattle, Washington 98101, :t wholly owned subsidiary corporation of Burlington Northern Inc., (successor in interest and title by merger to Monad Company, Cuyuna Realty Company and St. Louis and Kansas City Land Company, successor in interest and title to Washington and Great Northern Townsite Company, and Somers Lumber Company formerly named John O'Brien Lumber Company), in confirmation for record of a distribution of its properties, including the "premises" hereinafter described, made January 4, 1982, by the Grantor named herein for no consideration and without as- sumption of liabilities unto its sole shareholder Burlington Northern Inc., and in confirmation for record of a contemporaneous con'ribution of 'certain of said properties so received including the "premises" hereinafter described r. ade by Butlington Northern Inc., for no consideration and without assumption of liabilities to the capital structure of the Grantee named herein, DOES HEREBY CON- VEY AND WARRANT unto GRANTEE, MILESTONE PETROLEUM INC., a Delaware corporation, a wholly owned subsidiary of Burlington Northern Railroad Company, a wholly owned subsidiary company of Burlington Northern Inc., whose general office address is 5613 DTC Parkway, Englewood, Colo- rado 80111, all of GRANTOR'S right, title and interest, legal and equitable, whatsoever, in and to all of the oil, gas, other hydrocarbons and associated minerals and all of the compounds and by- products of each whether in solid, liquid or gaseous form (collectively "oil and gas ") in and under or which may be produced from the real property hereinafter and in the attached Description of Property described (collectively called "premises ") (but excepting gas occurring in coal formations to the ex- tent the same is produced in conjunction with coal development and extraction operations), together with the right to enter upon the premises for the purposes of prospecting and exploring for said oil and gas by geophysical, geochemical or other means, and for the purpose of drilling, extracting, open- ing. developing, and processing said oil and gas and erecting, operating and working any extraction and processing facilities by any procedures whatsoever, and the taking out, removing, carrying away, transporting and storing all such oil and gas. and to enter upon, occupy, make use of and consume and the right to control the entry upon. occupation. use and consumption of, so much of the surface of said premises as may be necessary for all such purposes. together with the tenements, hereditament; and appurtenances subject to the encumbrances on said premises including but not limited to those de -' scribed herein and in the attached Description of Property, whether acquired or held in the name of the GRANTOR or in the name of some other person, entity or corporation for its use or on its behalf whatsoever. 'I'O HAVE AND TO HOLD all and singular said premises unto GRANTEE its successors and assigns FOREVER, AND FURTHER, except as otherwise stated in :,aid Description of Property. GRANTOR. for itself and its successors, does hereby covenant with GRANTEE, its successors and assigns, that GRANTOR has not made. done, executed or suffered any act or thing whatsoever whereby said premises. or any part thereof, now are, or at any time hereafter shall or may be, imperiled, charged or encumbered in any manner whatsoever, AND subject to said encumbrances the title to the said premises against all persons lawfully claiming same from, by, through or under GRANTOR, GRANTOR WILL WARRANT AND DEFEND. IN WITNESS WHEREOF, the GRANTOR has caused this instrument to be executed by its proper officers duly authorized this 2nd day of August 1982. GLACIER PARK LIQUIDATING COMPANY (Impression' of,,tihc 'Corporate Seal of Glac'iet• 'P'urk..Liquidnting Company a, ilinne9otA. corporation) SNH J0 No hP. ►l;c)c Robert L. Rartholic Vice President At test.. _ Caroline E. Thoma Assistant Secretary Page 1 of Pages STATE OF WASHINGTON COUNTY OF KING The foregoing instrument was acknowledged before me this 2nd day of August 1982, by ROBERT L. BAARTHOLIC :AND CAROLINE E. THOMA, a Vice President and an A nt Secretary re- spectively of GLACIER PARK LIQUIDATING COMPANY, a Minnesota corgi n, for and on ,') behalf of the corporation. vf, (Impression of- - Notarial .Seal) } SS •.N LOIt'ETTA U. ROSENDE, N t yr•'Public In and for the State of W6rngton, Residing in Seattle, Washinn My commission expires Ali al 28;;1986 Conveyancing, State Deed Tax, Excise Tax, etc. Due Hereon: None. Unless otherwise directed, Real Property Taxes for the within described premises of GRANTEE Should be Sent to: Milestone Petroleum Inc. c/o Property Tax Division Burlington Northern Railroad Company 208 Central Building 810 Third Avenue Seattle, Washington 98104 This Instrument was Drafted By: ROBERT L. BARTHOLIC Attorney -at -Law Vice President -Law Glacier Park Liquidating Company 1111 Third Avenue, Suite 1000 Seattle, Washington 98101 (206) 625 -6569 When Recording Is Complete Please Return To: Milestone Petroleum Inc. c/o R. E. Wilhelm BN Timberlands Inc. Central Building, Suite 650 810 Third Avenue Seattle, Washington 98101 Page 2 of Pages EXHIBIT A DESCRIPTION OF PROPERTY TO CONFIRMATION SPECIAL WARRANTY DEED NO. 34681 DATED AUGUST 2, 1982 Description of the real property, the personal property if any, the hereditaments and appurtenances, and the encumbrances thereon, conveyed and warranted by that certain Confirmation Special Warranty Deed above referred 0o to, of which this Description of Property is a part, made by GRANTOR, GLACIER PARK LIQUIDATING COMPANY and running in favor of GRANTEE, MILESTONE PETROLEUM � INC., situate in the County of King, State of Washington to wit: d' MINERAL TYPE: OIL, GAS AND OTHER HYDROCARBONS 30 LEGAL DESCRIPTION SEC. TWF. RGE. .ACRES ALL THAT PART OF LOT 20 OF BLOCK 91, OF GILMAN'S ADDITION TO THE CITY OF SEATTLE, LYING NELY OF THE NELY LINE OF WEST EMERSON PLACE, AS ESTABLISHED BY ORDINANCE NUMBER 78820, DATED 3/29/50. ALL THAT PART OF LOTS 28 AND 29 IN BLOCK 91 OF GILMAN'S ADDITION TO THE CITY OF SEATTLE, LYING NLY OF THE NLY MARGIN OF WEST EMERSON PLACE AS ESTABLISHED BY ORDINANCE NO. 78820 OF THE CITY OF SEATTLE. THAT PART OF GOVT. LOT 9 AND THE HENRY MEADER DONATION CLAIM NO. 46, DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SECTION. THENCE S 0 °49'10 "W, ALONG THE EAST LINE OF SECTION A DIST. OF 180.01 FT. TO AN INTERSECTION WITH A LINE PARALLEL TO AND 180 FT. SLY, MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SECTION. THENCE N 87 °12'59 "W, PARALLEL WITH SAID NORTH LINE, 20.01 FT. TO AN INTERSECTION WITH A LINE PARALLEL TO AND 20.00 FT. WLY, MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SECTION, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE N 87 °12' 59 "W, PARALLEL AND 180.00 FT. SLY. OF THE NORTH LINE OF SECTION, A DIST. OF 1026.07 FT.; THENCE S 1° 01'19 "W A DIST. OF 1095.58 FT.; THENCE S 88 °24'48 "E A DIST OF 1029.43 FT. TO A POINT ON A LINE 20 FT. WLY, MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SECTION; THENCE N 0 °49'10 "E PARALLEL TO SAID EAST LINE 1074.19 FT. THE THE TRUE POINT OF BEGINNING. 25 23N . 4E 39SF THE SOUTH 15 FT OF THE WEST 1341.56 FT. OF THE SW1 /4SE1 /4 AND THE SOUTH 15 FT. OF THE EAST 196.64 FT. OF THE SE1 /4SW1 /4 25 23N 4E .53 3 EXHIBIT A DESCRIPTION OF PROPERTY CONTINUED TO CONFIRMATION SPECIAL WARRANTY DEED NO. 34681 DATED AUGUST 2, 1982 MINERAL TYPE: OIL, GAS AND OTHER HYDROCARBONS LEGAL DESCRIPTION SEC. TWP. RCE. ACRES ALL THOSE PARTS OF GOVT. LOTS 10,11, SW1 /4NE1 /4, SE1 /4NW1/4, LYING NORTH OF A LINE PARALLEL AND 545.6 FT. NORTH, MEASURED ALONG THE EAST LINE OF SAID SW1 /4NE1/4 AND THE.INTERSEC- TION OF THE EAST —WEST QUARTER LINE OF SECTION WITH THE EAST LINE OF THE SW1 /4NE1 /4 AND EAST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT OF THE EAST — WEST QUARTER LINE OF SECTION 60 FT. EAST MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF BURLINGTON NORTHERN R /W; THENCE NLY 1100 FT. PARALLEL TO SAID EAST R/W LINE OF BURLINGTON NORTHERN TO A POINT; THENCE NWLY TO A POINT ON SAID EAST R/W LINE DIST- ANT 289.12 FT SOUTH ALONG SAID EAST R/W LINE FROM INTERSECTION OF HENRY MEADER DONATION LAND CLAIM AND THE SAID EAST R/W LINE OF BURLINGTON NORTHERN. EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF HENRY MEADER DONATION LAND CLAIM NO. 46 AND THE EAST LINE OF GOVT. LOT 10; THENCE SLY ALONG THE SAID EAST LINE A DIST. OF 255.38 FT; THENCE WLY. ON A STRAIGHT LINE TO A POINT ON THE EAST LINE OF THE NORTHERN PACIFIC RAILWAY COMPANY R/W 289.12 FT. SLY, AS MEASURED ALONG SAID R/W LINE FROM THE INTER- SECTION OF SAID R/W LINE AND THE SOUTH LINE OF SAID LAND CLAIM; THENCE NLY ALONG SAID EAST LINE OF NORTHERN PACIFIC RAILWAY COMPANY R/W TO THE SOUTH LINE OF SAID LAND CLAIM; THENCE ELY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. 25 23N 4E 46.10 ALL THOSE PARTS OF GOVT. LOT 9 AND SE1 /4NE1 /4, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 20 FT. WEST OF THE EAST LINE OF GOVT. LOT 9 AND 1254.20 FT. SOUTH OF THE NORTH LINE; THENCE N 88 °24'48 "W 1029.43 FT, MORE OR LESS, TO A POINT 300 FT EAST OF THE WEST LINE OF GOVT. LOT 9; THENCE S 1 °01'49 "W ON A LINE PARALLEL TO AND 300 FT. EAST OF THE WEST LINE OF GOVT. LOT 9 AND THE WEST LINE OF SE1 /4NE1/4 845.23 FT; THENCE S 88° 24.'48 "E 1032.55 FT, MORE OR LESS, TO A POINT 20 FT. WEST OF THE EAST LINE OF SAID SE1 /4NE1 /4; THENCE N 0 °49' 10 "E 845.19 FT. TO THE PLACE OF BEGINNING. 4 25 23N 4E 20.03 EXHIBIT A DESCRIPTION OF PROPERTY CONTINUED TO CONFIRMATION SPECIAL WARRANTY DEED NO. 34681 DATED AUGUST 2, 1982 MINERAL TYPE: OIL, GAS AND OTHER HYDROCARBONS LEGAL DESCRIPTION SEC. TWP. RGE. ACRES NORTH 330 FT. OF NW1 /4SE1/4NW1/4, AND THE SOUTH 210 FT. OF LOTS 2, 11 25 23N 4E THAT PART OF THE NW1 /4NE1/4 AND THE NE1 /4NW1 /4, DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE HENRY ADAMS DONATION LAND CLAIM; THENCE EAST ALONG THE CENTER LINE OF SOUTH 180TH ST.(FORMERLY A COUNTY ROAD) 114 FT; THENCE NORTH 674.78 FT TO THE TRUE POINT OF BEGINNING; THENCE NLY ON A STRAIGHT LINE PARALLEL TO THE EAST LINE OF THE NORTHERN PACIFIC RAILWAY COMPANY R /W, TO THE NORTH LINE OF SECTION; THENCE ELY ALONG THE NORTH LINE OF SECTION TO A POINT THEREON WHICH IS 881.37 FT. WEST OF THE NE CORNER OF THE NW1 /4NE1 /4 THEREOF; THENCE S 3 °40'00 "W, 730.69 FT; THENCE N 84 °34'00 "W, 649.70 FT. MORE OR LESS TO THE TRUE POINT OF BEGINNING. 36 23N 4E THAT PART OF THE NW1 /4NW1 /4, DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE SECTION; THENCE S 0 °49'10 "W, ALONG THE WEST LINE OF THE SECTION, A DIST. OF 180.01 FT. TO AN INTER- SECTION WITH A LINE PARALLEL TO AND 180 FT. SLY, MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE SECTION; THENCE S 89 °52'01 "E, PARALLEL WITH SAID NORTH LINE, 20.00 FT TO AN INTERSECTION WITH A LINE PARALLEL TO AND 20 FT ELY, MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SECTION, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE S 89 °52' 01 "E, PARALLEL AND 180 FT SLY OF THE NORTH LINE OF SECTION, A DIST. OF 910.93 FT TO A POINT ON A LINE 70 FT WLY, MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID NW1 /4NW1 /4; THENCE S 1 °35'12 "W, PARALLEL TO SAID EAST LINE, 794.72 FT TO A POINT OF CURVA- TURE OF A CURVE TO THE RIGHT OF A RADIUS 344.265 FT; THENCE SWLY ALONG SAID CURVE 369.79 FT TO A POINT FROM WHICH THE CENTER OF THE CIRCLE OF SAID CURVE BEARS S 26 °52'12 "E; THENCE N 88 °24'48 "W 716.02 FT TO A POINT ON A LINE PARALLEL TO AND 20.00 FT ELY OF, MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID SECTION; THENCE N 0 °49'10 "E ALONG SAID PARALLEL LINE, 1074.37 FT TO THE TRUE POINT OF BEGINNING. 30 23N 5E 5 EXHIBIT A DESCRIPTION OF PROPERTY CONTINUED TO CONFIRMATION SPECIAL WARRANTY DEED NO. 34681 DATED AUGUST 2, 1982 MINERAL TYPE: OIL, GAS AND OTHER HYDROCARBONS LEGAL DESCRIPTION SEC. TWP. RGE. ACRES THAT PART OF THE NE1 /4NW1 /4 AS RESERVED BY DEED DATED NOVEMBER 16, 1978, AND RECORDED NOVEMBER 30, 1978, UNDER AUDITOR'S FILE NO. 7811301026,,RECORDS OF KING COUNTY, WASHINGTON; GLACIER PARK COMPANY CONVEYED CERTAIN PROPERTY IN KING COUNTY, WASHINGTON, TO BROADACRES, INC. , 31 23N 5E 24.68 THAT PART OF THE NW1 /4 AND THE N1 /2N1 /2NE1 /4SW1 /4 AS RESERVED BY QUITCLAIM DEED DATED SEPTEMBER 18, 1981, GLACIER PARK COMPANY CONVEYED CERTAIN PROPERTY IN KING COUNTY, WASHINGTON, TO THE HOUSING AUTHORITY OF THE COUNTY OF KING. 32 23N 5E 45.07 V 1 .. ii .:1(1::1;);) 38 E A S E M E N T 407 E ****5.00 22 HELEN 134 NELSEN, a single person, hereinafter called "Nelsen ", hereby grants unto the INDEPENDENT WATER COMPANY, a Washington corpora- tion, hereinafter called the "Water Company ", an easement for the purpose of construction, operation and maintenance of a water main, in and upon the following described property, situate in King County, p O State of Washington, to -wit: CP), ��04p' The Southerly 10 feet of So. 158th Street, also known,as "Longacres Way" (a private roadway) beginning at the ' el QD ,intersection of the South margin of South 158th Street and the East margin of Puget Sound Power and Light Company right of way, thence Easterly along South 158th Street to the West margin of the Chicago, Milwaukee Railroad right of way; together with the Northerly 10 feet of South 158th Street beginning at the intersection of the North margin of South 158th Street and the East margin of the Puget Sound Power and Light Company right of way, thence Easterly along South 158th Street to the West margin of the Chicago, Milwaukee Railroad right of way; together with 10 feet in width beginning at a point 30 feet East of the intersection of the North margin of South 158th Street and the East margin of the Puget Sound Power and Light right of way, thence crossing, South 158th Street in a southerly direction to a point 30 feet West of the intersection of the South margin of South 158th Street and the East margin of the Puget Sound Power and Light Company right of way: all situated in a portion of the Southeast quarter of the Southwest quarter of Section 24, township 23 North, range 4 East, W.M., being in area 3,055 square feet.. Said grant is made uponthe following terms and conditions: 1. The Water Company shall pay unto Nelsen as and in considera- tion for said easement grant the sum of Two Thousand One Hundred Ninety One and 25/100 Dollars, ($2,191.25), having been mutually de- termined at a rate of seventy five cents ($.7) per square foot; that is one -half (1/2) of the fair market value, per square foot, of the land subject to said easement grant, as of the date of this instrument. 2. Payment of said consideration - the due date of periodic payments and the specific amount of such payments - shall be made to Nelsen at such times and in such amounts as may be mutually agreed upon by the parties hereto. Provided, that until said consideration shall have been paid in full to Nelsen by the Water Company, this -1- by • 1 F instrument shall be unrecorded, and the original hereof, together with any and all executed copies hereof, shall remain in possession of Nelsen. 3. The Water Company shall have no right to store vehicles, maintenance supplies or other equipment, upon the aforedescribed measement area; vehicles, maintenance supplies, or other equipment r • shall be permitted upon the aforedescribed easement area only during • the actual construction, maintenance or repair of the water line within O cn the easement area. OD 4. There is hereby specifically reserved unto Nelsen full use and enjoyment of the aforedescribed easement area not inconsistent with the easement rights hereby granted; provided, Nelsen shall not construct any permanent structures or buildings, in whole or in part, upon the aforedescribed easement area. 5. The Water Company agrees to hold and save Nelsen harmless from any and all damages to the property or persons of third parties arising from its use of the easement hereby granted, and the Water Company further agrees to pay any damage or damages which may arise to the aforedescribed easement area or property of Nelsen contiguous thereto through the use, occupation and possession of the rights herein granted to-the Water Company. 6. The easement rights granted hereby shall not be assigned by the Water Company, without the written consent of Nelsen;. provided that such consent shall not be unreasonably withheld. 7. In the event the Water Company, following installation of a water line within the easement area, should cease to use the afore - described easement area for water line purposes for a period of one year, or should the water main installed in the aforedescribed easement area be relocated outside the aforedescribed easement area, this ease- ment grant shall thereupon be terminated. 83062907:8 Dated this /51-day of Re',/ lnt 6p4- , 1971. Helen B. Nelsen STATE OF WASHINGTON ) ) ss COUNTY OF K I N G ) On this_ day personally appeared before me HELEN B. NELSEN, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that she signed the same as her free and voluntary act and deed for the purposes therein mentioned. GIVEN under my hand and official seal this /$ day of 1i/Gdel'ibe 1971...; NO PU: T• in • • for the State of ‘laington, resi.' g at RENTON The.a'foredescribed easement grant, subject to the foregoing terms and conditions, is hereby accepted. By INDEPENDENT WATER CO., a Wash.Corporation Helen B. Nelsen, President By Sidonia A. Kettering, Sec. -' reas. STATE OF WASHINGTON ) ss COUNTY OF K I N G ) On this /374 day of —%, .%/4 - x.7,4") 1971, before me, the under- signed, a NOTARY PUBLIC in and for the State of Washington, duly commis- sioned and sworn, personally appeared HELEN B. NELSEN and SIDONIA A. KETTERING, to me known to be the President and Secretary- Treasurer, re- spectively, of INDEPENDENT WATER COMPANY, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were au- thorized to execute the said instrument, and that the seal affixed, (if any), is the corporate seal of said corporation. WITNESS my hand and seal hereto affixed the day a1 year first above written. ARY PUBLIC in nd pr`•the State of Washington, res idi. rg - at RENTON -3- GLACIER PARK LIQUIDATING COMPA LAW DIVISION SEATTLE, WASHINGTON WASHINGTON CONFIRMATION S E ed in 2 Counterparts of which this is Number / KING COUTY NO EXCISE N TAX APR 2 51983 &'171273 EED NO. BNRRPI.3SA O GRANTOR, GLACIER PARK LIQUIDATING'COMPANY, a Minnesota corporation, (formerly named Glacier Park Company and Glacier Park Hotel Company), whose General Office address is 1111 Third Avenue, Suite 1000, Seattle, Washington 98101, a wholly owned subsidiary corporation of Burlington Northern Inc., (successor in interest and title by merger to Monad Company, Cuynna Realty Company and St. Louis IT and Kansas City Land Company, successor in interest and title to Washington and Great Northern O Townsite Company, and Somers Lumber Company formerly named John O'Brien Lumber Company), C") in confirmation for record of a distribution of its properties, including the "premises" hereinafter CO described, made January 4, 1982, by the Grantor named herein for no consideration and without as- sumption of liabilities unto its sole shareholder Burlington Northern Inc., and in confirmation for record of a contemporaneous contribution of certain of said properties so received including the "premises" hereinafter described made by Burlington Northern Inc., for no consideration and without assumption of liabilities to the capital structure of the Grantee named herein, DOES HEREBY CON- VEY AND WARRANT unto GRANTEE, BURLINGTON NORTHERN RAILROAD PROPERTIES INC., a Del- aware corporation, a wholly owned subsidiary of Burlington Northern Railroad Company, a wholly owned subsidiary company of Burlington Northern Inc., whose general office address is 176 East Fifth Street, Room 1018, Saint Paul, Minnesota 55101, all of GRANTOR'S right, title and interest, legal and equitable, whatsoever, in and to the real property, the water and water rights whether surface, subsurface, solid, liquid or vapor, the personal property if any, the tenements, hereditaments and ap- purtenances subject to the encumbrances thereon including but not limited to those described herein and in the attached Description of Property, (collectively "premises "). TO HAVE AND TO HOLD all and singular said premises unto GRANTEE its successors and assigns FOREVER, AND FURTHER, except as otherwise stated in said Description of Property, GRANTOR, for itself and its successors, does hereby covenant with GRANTEE, its successors and assigns, that GRANTOR has not made, done, executed or suffered any act or thing whatsoever whereby said premises, or any part thereof, now are, or at any time hereafter shall or may be, imperiled, charged or encumbered in any manner whatsoever, AND subject to said encumbrances the title to the said premises against all persons lawfully claiming same from, by, through or under GRANTOR, GRANTOR WILL WARRANT AND DEFEND. IN WITNESS WHEREOF, the GRANTOR has caused this instrument to be executed by its proper officers duly authorized this 2nd day of August 1982. (Impression of the Corporate Seal of Glacier Park Liquidating Company a Minnesota corporation) STATE OF WASHINGTON j J }ss COUNTY OF KING GLACIER PARK LIQUIDATING COMPANY Robert L. Bartholic Vice President • Attest e Caroline E. Thoma • Assistant Secretary 83/04/25 #0790 B RECD F 14.50 CASHSL ** *14.50 22 The foregoing instrument was acknowledged before me this 2nd day of August 1982, by ROBERT L. BARTHOLIC AND CAROLINE E. THOMA, a Vice President and an Assistant Secretary re- - spectively .o£• CIER PARK LIQUIDATING COMPANY, a Minnesota corporation, for and on behalf of the co poration. (Impression of Notarial Seal) L 1,11;1'' " "` 44ficL LL ' U1.P .y.do LOI(ETTA U. ROSENDE, Notary Public In and for the State of Washington, Residing in Seattle, Washington My commission expires April 28, 1886 Page 1 of 8 Pages Conveyancing, �+ Deed Tax, Excise Tax, etc. Due Hereof None. Unless otherwise directed, Real Property Taxes for the within described real property of GRANTII should be sent to: Burlington Northern Railroad Properties Inc. c/o Property Tax Division Burlington Northern Railroad Company 208 Central Building 810 Third Avenue Seattle, Washington 98104 This Instrument was Drafted By: ROBERT L. BARTHOLIC 0 Attorney -at -Law ll5 Vice President -Law N Glacier Park Liquidating Company G 1111 Third Avenue, Suite 1000 Seattle, Washington 98101 (206) 625 -6569 When Recording Is Complete Please Return To: Director, Property Management Burlington Northern Railroad Properties Inc. Room 101% BN Building 176 East Fifth Street Saint Paul, MN 55101 Page 2 of 8' Pages DESCRIPTION OF PROPERTY ( TO WASHINGTON CONFIRMATION SPECIAL WARRANTY DEED NO. BNRRPI -35A DATED AUGUST 2, 1982 Description of the real property, the personal property if any, the hereditaments and O O") appurtenances, and the encumbrances thereon, conveyed and warranted by that .certain O 111 Confirmation Special Warranty Deed above referred to, of which this Description of Property O is a part, made by GRANTOR, GLACIER PARK LIQUIDATING COMPANY and running in favor of OD GRANTEE, BURLINGTON NORTHERN RAILROAD PROPERTIES INC. situate in the County of King, State of Washington, to -wit: PARCEL I A parcel of property situated in the Southeast Quarter of the Southwest Quarter (SE} SW }), Northeast Quarter of the Southwest Quarter (NE} SWi), Northwest Quarter of the Southeast Quarter (NW} SE }), Northeast Quarter of the Southeast Quarter (NE} SEI), Government Lot 9, Southwest Quarter of the Northeast Quarter (SW } NE}), Southeast Quarter of the Northwest Quarter (SE} NW}) and Government Lot 11, in Section 25, and in the Northeast Quarter of the Northwest Quarter (NE } NW}) of Section 36, all in Township 23 North, Range 4 East of the Willamette Meridian, more particularly described as follows: Commencing at the center of said Section 25; thence North 1° 13' 19" East a distance of 545.6 feet to the true point of beginning of said parcel to be described; thence Easterly parallel with and distant 545.6 feet Northerly measured at right angles to the East -West centerline of said Section 25 to the point of intersection with the East line of said Southwest Quarter of the Northeast Quarter (SW} NE}); thence North 1° 01' 19" East along said East line of said Southwest Quarter of the Northeast Quarter (SW} NE}) and the East line of said Government Lot 9 to a point on the South margin of the City of Seattle's 30 foot wide Bow Lake Pipeline Right -of -Way; thence Northeasterly and Easterly along said South margin to the Westerly line of the drainage canal, Drainage District No. 1, King County, said point also distant 20 feet Westerly measured at right angles to the East line of said Section 25; thence South 0° 49' 10" West a distance of 165.00 feet; thence North 87° 12' 59" West a distance of 1026.07 feet; thence South 1° 01' 19" West a distance of 1095.58 feet; thence South 1° 01' 49" West a distance of 845.23 feet; thence Southwesterly along a curve to the right, concave Northwesterly, having a radius of 283.24 feet and a bearing of South 88° 24' 48" East, having a delta angle of 82° 44' 56" and an arc distance of 409.17 feet; thence South 88° 57' 39" East a distance of 11.73 feet to the point of intersection with the West line of said Southwest Quarter of the Northeast Quarter (SW} NEI); thence South 1° 30' 31" West along said West line of said Southwest Quarter of the Northeast Quarter (SW} NE}) and the West line of said Northwest Quarter of the Southeast Quarter (NE} SE}) of said Section 25, a distance of 1570.71 feet to the Southeast corner of said Northwest Quarter of the Southeast Quarter (NW} SE }); thence North 87° 44' 27" West along the south line of said Northwest Quarter of the Southeast Quarter (NW} SE}) a distance of 1623.78 feet to a point distant 317.0 feet Easterly Page 3 of 8 Pages DESCRIPTION OF PROPERTY CON; _QED TO WASHINGTON CONFIRMATION SPECIAL WARRANTY DEED NO. BNRRPI -35A DATED AUGUST 2, 1982 measured at right angles to Burlington Northern Railroad Company's old main line track centerline as now located and constructed, said old main line track centerline being the most Westerly track; thence South 2° 07' 11" West a distance of 1302.51 feet to the point of intersection with the South line of said Section 25; thence South 87° 31' 08" East CD along said South line of said Section 25 a distance of 69.20 feet to a 0') point distant 386.20 feet Easterly measured at right angles to said old main line track centerline; thence Southerly parallel with said old C) main line track centerline to a point distant 30 feet Northerly 04 measured at . right angles to the South line of said Northeast Quarter of T' the Northwest Quarter (NEI NWI) of said Section 36; thence Westerly r, parallel with said South line of said Northeast Quarter of the OD Northwest Quarter (NEI NWI) of said Section 36 to a point distant 69.95 feet Easterly measured at right angles to said old main line track centerline; thence Northerly parallel with said old main line track centerline a distance of 213.40 feet; thence Westerly measured at right angles to said old main line track centerline a distance of 20.95 feet to a point distant 50 feet Easterly measured at right angles to said old main line track centerline; thence Northerly parallel with said old main line track centerline to a point distant 289.12 feet Southerly of the Henry Meader Donation Land Claim as measured along the Northerly production of the last described line; thence Southeasterly along a straight line to the point of intersection of a line drawn parallel with and distant 110.0 feet Easterly measured at right angles to said old main line track centerline distant 1100.0 feet Northerly of the East -West centerline of said Section 25 as measured along said line drawn parallel with and distant 110.0 feet Easterly measured at right angles to said old main line track centerline; thence Southerly along the last described parallel line to a point distant 545.6 feet Northerly of said East -West centerline of said Section 25; thence Westerly measured at right angles to said old main line track centerline to the point of beginning. EXCEPTING, therefrom, that portion of the South 125 feet of said Government Lot 9 in said Northeast Quarter (NE I) of said Section 25, and that portion of said Southeast Quarter of the Northeast Quarter (SEI NEI) of said Section 25, described as follows: BEGINNING at the Northeast corner of said Government Lot 9; thence North 87° 21' 38" West along the North line thereof a distance of 20.01 feet to the West line of the East 20 feet of said Government Lot 9; thence South 0° 49' 41" West along said West line a distance of 1254.20 feet to the North line of a track of land conveyed to the City of Renton by deed recorded under King County Auditor's File No. 7603250650; thence along the North line of said tract of land North 88° 24' 17" West a distance of 1022.32 feet to a line parallel with and 300 feet Easterly of the West line of the South 125 feet of said Government Lot 9 and the true point of beginning; thence along said parallel line North 1° 07' 49" East a distance of 45.00 feet; thence North 88° 24' 17" West a distance of 300.01 feet to the West line of the South 125 feet of said Government Lot 9; thence along the West line of said South 125 feet and along the West line of the Southeast Quarter of the Northeast Quarter (SEI NEI) of said Section 25; South 1° 07' 49" West a Page 4 of 8 Pages DESCRIPTION OF PROPERTY CONTINUO TO WASHINGTON CONFIRMATION SPECIAL WARRANTY DEED NO. BNRRPI -35A DATED AUGUST 2, 1982 distance of 90.00 feet; thence South 88° 24' 17" East a distance of 300.01 feet to a line parallel with and 300 feet Easterly of the West line of the Southeast Quarter of the Northeast Quarter of said Section 25; thence along said parallel line and along a line parallel with and 300 feet Easterly of the West line of the South 125 feet of said Government Lot 9, North 1° 07' 49" East a distance of 45.00 feet to the true point of beginning. 1. That certain Easement dated_ November 28, 1961 granted to the City of Seattle for electric transmission line and filed for record on 4 -5 -62 in the Department of Records and Elections in King County, Washington as Document No. 5371813 and corrected by Correction Easement dated April 18, 1962 and filed for record on 4 -24 -62 in said Department of Records and Elections in said King County as Document No. 5417049. 2. That certain Agreement dated August 12, 1965 with Olympic Pipe Line Company and filed for record on None in the Department of Records and Elections in King County, Washington, as Document No. 3. That certain Agreement dated August 2, 1966 with Carl C. Sternoff, et al., and filed for record on None in the Department of Records and Elegy ;.:ions in King County, Washington as Document No. Not Recorded 4. That certain Easement dated August 2, 1966 granted8to4Carl C. Sternoff, et al., for roadway purposes and filed for record on in the Dear 35nt of Records and Elections in King County, Washington as Document No. 6073135 5. That certain Easement dated October 17, 1967 granted to the Municipality of Metropolitan Seattle for sewer line purposes and filed for record on 10 -25 -67 in the Department of Records and Elections in King County, Washington, as Document No. 6255262 6. That certain Agreement dated October 17, 1967 with the Municipality of Metropolitan Seattle and filed for record on none in the Department of Records and Elections in King County, Washington as Document No. Not Recorded . 7. That certain Easement dated January 4, 1968 granted to the Municipality of Metropolitan of Seattle for sewer line purposes and filed for record on 2 -9-68 in the Department of Records and Elections in King County, Washington as Document No. 6302862 8. That certain Easement dated August 11, 1981 granted to the City of Renton and filed for record October 7, 1981 in the Department of Records and Elections in King County, Washington as Document No. 8110070398. 9. That certain Easement dated October 13, 1981 granted to Burlington Northern Railroad Company for railroad purposes and filed for record October 21, 1981 in the Department of Records and Elections in King County, Washington, as Document No. 8110210541 Page 5 of 8 Pages 8304250790 ^) DESCRIPTION OF PROPERTY CONT./D TO WASHINGTON CONFIRMATION SPECIAL WARRANTY DEED NO. BNRRPI -35A DATED AUGUST 2, 1982 PARCEL II The Northerly 180.0 feet of the Northwest Quarter of the Northwest Quarter (NWI IIW1) of Section 30, Township 23 North, Range 5 East of the Willamette Meridian, King County, Washington; EXCEPTING, therefrom, the following descrbed tracts of land: TRACT NO. 1 The North 30 feet conveyed to the City of Seattle by deed recorded under Auditor's File 3603998. TRACT No. 2 The West 20 feet for drainage canal of Drainage District No. 1 of said Xing County. TRACT No. 3 The East 40 feet conveyed to the City of Renton ,ay Quitclaim Deed dated June 8, 1972 and filed for record on 6 -19 -72 in the Department of Records and Elections in King .:ounty as Document No. 7206190414 . SUBJE :T TO THE FOLLOWING: 1. That certain Agreement dated August 12, 1965 with Olympic Pipe Line Company and filed for record on No Record in the Department of Records and Elections in King County, Washington, as Document No. Not Recorded . 2. That certain Easement dated August 12, 1965 granted to Olympic Pipe Line Company Jo�-3 u 1erground oil pipeline purposes and filed for record on in the Department of Rerords and Elections in King County, Washington, as Document No. 5927062. 3. Tnat certain Easement dated June 3, 1974 granted to Puget Sound Power and Light Company for aerial electric transmission line purposes and filed for record on 6 -12 -74 in the Department of Records and Elections in King County, Was7ngton, as Document No. 7406120656 . PARCEL III All that portion of Government Lot 11 and all that portion of Henry Meader Donation Claim #46 in the North Half of the Northwest Quarter (Ni NW;) and that portion of the Southeast Quarter of the Northwest Quarter (SE i NWI) all situated in Section 25, Township 23 North, Range 1 East of the Willamette Meridian, bounded as follows: On the West by a line drawn parallel with and distant 43 feet Easterly measured at right angles to the Chicago, Milwaukee and St. Paul Railway main track centerline as located and constructed; on the East by a lire drawn parallel with and distant 50 feet Westerly measured at right angles to Burlington Northern Railroad Company's old main line track centerline as now located and constructed; on tfe South by a line drawn parallel with and distant 330 feet Southerly at right angles to the South line of said Government Lot 11; on the North by th Soutf margin of the City of Seattle's 30 foot wide Bow Lake Pipeline right -of -way. Page 6 of 8 Pages DESCRIPTION OF PROPERTY CONTIj) TO WASHINGTON CONFIRMATION SPECIAL WARRANTY DEED NO. BNRRPI -35A DATED AUGUST 2, 1982 EXCEPTING, therefrom the following described real property: Beginning at a point on the South line of said Donation Claim and the East margin of the Chicago, Milwaukee, St. Paul & Pacific Railroad right -of -way; thence Easterly a distance of 120 feet along said South line of said Donation Claim; thence Northeasterly measured at right angles to said South line a distance of 80 feet; thence Westerly parallel with said South line to said Easterly margin of said Chicago, Milwaukee, St. Paul & Pacific Railroad right -of -way; thence Southerly along said railroad right -of -way to the point of beginning... SUBJECT TO THE FOLLOWING: 1. That certain Easement dated .November 28, 1961 granted to the City of Seattle for electric transmission line purposes and filed for record on 4 -5 -62 in the Department of Records and Elections in King County, Washington as Document No. 5371813 and corrected by Correction Easement dated April 18, 1962 and filed for record on 4 -24 -62 in said Department of Records and Elections in said King County as Document No. 5417049. 2. That certain Easement dated October 17, 1967 granted to the Municipality of Metropolitan Seattle for sewer line purposes and filed for record on 10 -2S -67 in the Department of Records and Elections in King County, Washington as Document No. 6255262. 3. That certain Agreement dated October 17, 1967 with Municipality of Metropolitan Seattle and filed for record on none in the Department of Records and Elections in King County, Washington us Document No. Not Recorded . PARCEL IV All that portion of Government Lot 11 of Section 25, Township 23 North, Range 1 East of the Willamette Meridian, bounded as follows: On the West by the Easterly right -of -way line of the Puget Sound Electric Railway's 100 foot wide right -of -way; on the East by a line drawn parallel with and distant 57 feet measured at right angels to the Chicago, Milwaukee, St. Paul & Pacific Railroad main track centerline; on the North by the South margin of the City of Seattle's 30 foot wide Bow Lake Pipeline right -of -way. Page 7 of 8 Pages 8304250790 ) DESCRIPTION OF PROPERTY CONTINUEb- TO WASHINGTON CONFIRMATION SPECIAL WARRANTY DEED NO. BNRRPI -35A DATED AUGUST 2, 1982 PARCEL V A portion of Valley Garden Tracts now vacated, Volume 13, page 21, Plats of King County,•being the West 10 feet of the South 25.37 feet of the Southwest Quarter of Section 30, Township 23 North, Range 5 East, W.M.; and the West 10 feet of the Government Lot 1, Section 31, Township 23 North, Range 5 East, W.M.; and the East 10 feet of the South 25.37 feet of the Southeast Quarter of Section 25, Township 23 North, Range 4 East, W.M.; and the East 10 feet of the Northeast Quarter of the Northeast Quarter of Section 36, Township 23 North, Range 4 East. W.M.; EXCEPT any portion of the above- described Parcel V lying South of a line 48 feet North of the proposed centerline of Southwest 43rd Street, which proposed centerline is described as follows: Beginning at the intersection of the centerline of the East Valley Highway with the South line of the Northeast Quarter of the Northwest Quarter of Section 31, Township 23 North, Range 5 East, W.M., and running thence Westerly in a straight line to the intersection of the centerline of the West Valley Highway with the South line of Government Lot 2, Section 36, Township 23 North, Range 4 East, W.M. Page 8 of 8 Page EASEMENT THIS INSTRUMENT made this /,.j day of ,.9p t .t..v,1 42.C.A1 497:1, by and between �-.yl 13. i ( and and and and .i? nerein called the "Grantor ", and the City of Tukwila a municipal corporation of King County, Washington, herein called "Grantee ". WITNESSETH: Hct That said Grantor for and in consideration of the sum of i1 $ (G _c• f') p to (I,-La•44 in hand paid by said Grantee, a other valuable consideration, receipt of which is hereby acknowledged, d. by these presents grant, bargain, sell, convey, and confirm unto the said Grantee, right -of -way or easement for Sanitary Sewers with necessary appurtenances over, through, across, un::er and upon the following described property in King County, Washington, more particularly described as follows: Those portions of the henry Meader Donation and Claim No. 46 in Townsnip 23 ilurti►, Range 4 East, W.ii. , described as follows: PARCEL "A" The Westerly 5 feet of the Easterly 15 feet of that portion of said Donation Lana Claim lying Westerly of tae Westerly margin of the Puget Sound Electric Railway Right of Way, Southerly of the Southerly margin of S. 158th St., and Northerly of the South 547.44 feet of said Donation Land Claim, also PARCEL "B" Tae Easterly 15 feet of the North 10 feet of the South 552.44 feet of tnat portion of the said Donation Land Claim, lying Westerly of the said West- erly margin of the Puget Sound Electric Railway Right of Way, also PARCEL "C" The Westerly 10 feet of the Worth 120 feet of tae South 560 feet of that portion of tie said Donation Lana Claim, lying Easterly of the Easterly margin of the said Puget Sound Electric Railway Right of Way, also PARCEL "U" The North 10 feet of the South 440 feet of that portion of the said Donation. Lana Claim lying Easterly of tie •said Easterly margin of the Puget Sound Electric .railway night of Way, and Westerly of the Westerly margin of the Cnicago, Milwaukee, and St. Paul Railway kigut of Way, also (OVER) PARCEL "E" The Westerly 10 feet of the North 30 feet of the South 440 feet of that portion of the said Donation Land Claim, lying Easterly of the Easterly margin of the said Chicago, Milwaukee, and St. Paul Railway Rignt of Way TOGETHER t9ITH temporary construction easements described as follows: PARCEL "AT" The Easterly 25 feet of that portion of the said Donation Land Claim Lin described in parcel "A ", also cp PARCEL "BT" 0O The Easterly 25 feet of the North 30 feet of the South 562.44 feet of tnat portion of the said Donation Land Claim described in parcel "B ", also PARCEL "CT" The Westerly 20 feet of the North 160 of the South 570 feet of that portion of the said Donation Land Claim described in parcel "C ", also PARCEL "DT" The North 40 feet of the South 450 feet of that portion of the said Donation Land Claim described in parcel "D "; also PARCEL "ET" The ► Jesterly 20 feet of the North 40 feet of the South 450 feet of that portion of tne said Donation Land Claim described in Parcel "E ". Said temporary construction easement shall remain in force during construction and until such time as tne sewers and appurtenances have been accepted for maintenance and operation by the CITY OF TUKWILA. Helen B. Nelson Easement No. 24 -1 -19A That said Grantee shall have the right without prior institution of any suit or proceeding at law, at times as may be necessary, to enter upon said property for the purpose of constructing, repairing, altering, or reconstructing said Sewer Main, or) making any connections therewith, without incurring any legal obligation or liability there- for; provided that such constructing, repairing, altering, or recon- structing of said Sewer Main shall be accomplished in such a manner that the private improvements existing in this right - of-way shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall retain the right to use the surface of said easement, so long as said use does not interfere with the installation and maintenance of the Sewer Main and so long as no permanent buildings or structures are erected on said easement. This - easement shall be a covenant running with the land and shall be binding on the successors, heirs, and assigns of both parties,, hereto. STATE OF WASHINGTON ) SS COUNTY OF KING I, the undersigned, a notary public in and for tide State Washington, hereby certify that on this /1"- day o 1973- , personally appeared before me ypM -0:,� and , to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they signed and sealed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. ary P •Ii i and for Washington, residing at 74U2080365 VI 2 )W Ili 1_ oo0 sr.��n��■ 14! r C 10 TEMP. EEMT, fY OF TUKWILA JKWILA DOWNS _SEN EASEMENT _$ / HILL, WOMAN, CHASE & CO. _•Noulting ln0in••n snd Ar,s1ra1s S•olrlo. Werkinpron - - -i Drswnz =® __ -; Ch•ekediteZ,VI 1 1 ��.Aop, LZ• LI L RECOR'.13 c- FILED for Record at Request of 0 •:o -2m J 4%0 r . *;l.) V Pca-- • .)..i%X....zeme "evicts,— r• • ( ,IF!-,1 OF 197A FE. Pti 3 54 !, ECTIOTS V/A31-1. f"Ci-kr - . . • • .", ` _ . . • • • ;•:544941:4eSiTAZ'7..::: The Grantor, GL.CIER 714010efTmet , a Minnesota Corporation, (hereinafter called "Owstasq;f40*::74cad in-consideration of the sum of Five Hundred Sixty Seven And W/100 Dollars ($561.00), to it in hand paid, receipt of which is hereby acknowledged, subject to the reservationsnd conditions set forth, does hereby grant to the MUNICIPALITY OF METROPOLITAN SEATTLE, a municipal corporatiur. State of Washington, (hereinafter called "Metro"), Create, , a:1 ,..:ae:::ent for the construction, maireaance and operation of !r:te aa..ier and across the followiag property situated at ..yr aea -v.: , Kir. County, Washington, A portion of Government Lot 11, Section 25, Township 23 Ran6e 4 East, w.M., King County, 'Washington, said ?ortlon he;..ag the easterly 4 feet of the westerly 21 f tr...• the :4outherly 567.34 feet af the northerly 614 .S1 feet of that 'potitOrvbf. said :Govertynent• Lot 11 1:iin3 easterly of the right of way of the CV.icagr:, nil•.:aukee, S. Paul aid Pacific Railroad Company rizht of way; • This easement is made_sia3e41,:ta -the ',terms and ,cOnditions of certain. agreement entere&:6to,het■ae.e.r. the Owner and Metro • dz:t:.: the .'ith de; of-dantiary4196&,•-ainii..ihe followi.ni,-ekpress condltians: • : Owner, itS-L=Otand aisignsrese:ves 'the-rig4t to 2rapo- :y hereinbefore4lescribed for any and all 'u:-.s. c:ot tht easeMent.here.by gcented, iacludina.: but n,lt: the right-to cohatrUCt, maintaiu, repair, renew; recor.Ltr.....t, an!, railroad.trackS:and other 1-al:a:tett fAcilicies, str,..ets, utilities, and other...facilitiea Which the pwner Llay necessary •of expadisat. '$fights tsarved :shalt be so exercised as not to`dr.ge.or.jAteri Te 7 101.th the_.saaer line or any part thereo except• as othe vies ,asy be! pro,ridcd bc�eiii. for any other purposes and shall not grant to any other parsoas or organizations whatsoever, including public and private utilities at: trsnaportation companies, permission to maintain any facilities on any portion of the premises described in this easement. The right co grant such permits is' reserved to the Owner; provided such permits shall not be g:snted where to do so would interfere with the use of the premises by Metro as herein provided. 4. In event of vacation or abandonment or termination of this easom.nt by •good•,cause shown, the Owner shall :thenceforth hold title to its property free and clear .of the ,easement hereby granted and rey, st it9optiOn -, re- enter, retake, aad'fiolesaid land and premises as the -present estate,- without cumpensaton- to,He▪ tro, the public or • any 'otfiFr person whon2oever for'rdiPW ' A'Es 2or pr• operty removed; • x.b taken or destroyed or liability for loss of'or,damage • to any premises 5. Ketro agrees to indemnify.and save harMlesr the O.nc and from any :and :all loss, liabil+t}, cost or' expense in conn with the construction, maintenance.and operation of the sewer line for which this easement is granted''. • • ... ••••-• 514 57 IN WITNESS WHEREOF, the Grantor causes this instrument to be executed by its proper officers and its corporate seal to be hereunto affixed this the iay CulDITY OF Ramsey ) GLACIER PARK COKPANY On this 28th day of June , 148, personally appeared before rue J. R. Severson to cm known to be-the -Nice President respectively, of GLACIER ?AftK COHPANY, che corporatiun that executed the within and foregoing instruffient, and acknowledged the said instrument to be the free and voluntary act and: deed of said corporation, for the uses and :pUrposeae:_:therein mentioned, 'and on oath etated that they were authorized:,toexeCUte:•aaid instruateat;;”:and.that e. a ff ixed'Air the 'corporate seal of said 'corporation.' WITNESS my -hand and official seal the day. and year .in this certificate first above written., • ••••._ t-• - Natary t4inneso at Si. Paul . • ="e-.2 - ' • ..! `--4-----"c i4'02 c' in and for the •Sta e of • ....-. residing • Wed to Record •• • Ty vo • efoosiAl we! Awake EASEMENT The Grantor, GLACIER PARK COMPANY, a Minnesota corporation, (hereinafter called the "Owner, ") for and in consideration of tne sum of Two Thousand Five Hundred Dollars ($2,500.00) to it in hand paid, receipt whereof is hereby acknowledged, subject tothe . reservations and conditions herein set forth does hereby grant to cue MUNICIPALITY. OF METROPOLITAN SEATTLE, a municipal corporation of the state of Washington (Hereinafter called ''Metro "), Grantee, an easement for the construction, maintenance, and operation of a sewer line under and across the following proper :4 situated at or n ar'Renton, King County, Washington, to -wit: A portion of the Henry Meader Donation Claim No. 4b, also a portion of Government Lot 9, also a portion of the NE 1/4 and the NW 1/4, all in Section 23, Township 23 North. Range 4 E.W.M„ also a pertion'of the NW 1/4 of Section 30, Township 23 North, Ranye 5 E.W.M :, all in King County, ; rasnington,. being more particularly described as follows: 1. A permanent,:easement on a strip `of land 15 feet in *width .being.7- 1 /2- .feet. on each side of the,". following described. centerline beginning at a point'on',the south margin, of the :� City of.eattle's:.Bow Lake .Pipeline right of way distant 15,feet.easterly,..as measured at right angles from the northersyextension . in a, straight:. Line;cf., :.the west line of... Governmentx';Lot .9: of_ said "'Section`_25ff:thence:.south 01°01104..,;;:. west parallel`with said west line -of. Government, Lot 9 and the west;;lineiof the soutneast.quarter.:of the northeast.:;- quarter`of said`Section 25 to a point,414.43' southerly of' the nortn line of °said SE 1/4 NE 1/4. of Section 25 as measured. along said centerline. The last described point being nerein- after referred to as Point "A "; also 2. A permanent easement on a strip of land 10 feet. in wiotn ueiny 5 feet on each side of the following described center- line: Beginning at tne above described Point "A"; thence south - -8d °25'03 ". east (said course being witnin.the proposed riynt of way for South lb5th Street) a distance of 3607 feet more cr less:.to. the west line of 92nd Avenue-South, also known as Primary Stace;HighwayNo. 5, except any portion thereof lying within the limits of the drainage ditch be- longing to.Drainage District.No. 1; also • 3... A permanent easement on strip of land 10 feet in width beiny 5 feet on each side of the following described centerline: - -, y •K ;�r'� Y w`YtS.i �..s+� • ';•'-`,`,'• +`:.r u�• begiania9 at a pointon thevacenterline ofthe,.:permanent easement described in par..agraph 1 =.of. hia:deacription 949.24 feet; northerly`" of- e' th above 'described•'Point "A" as measured alon g seid :centerliaet_theaca north 87 °22'12" west 2,273.13 feet,: more or -lees, to a line parallel with and 12 feet easterly of the eaat rigbt of way line of the C.M,St.P. & P .``R.R. Co. � ":thence ;southerly .parallel and concentric with said east right of way' line 567.31 -r_ feet; thence south 82°15'55" west to said east right of way line, except any portion thereof wbich lies within the Northern Pacific RailwayCompany'a right of way. Containing.in all 86,870 square feet or approximately 2 acres. All as more particularly shown outlined in green on Exhibit A attached - hereto and made a part hereof. This easement ia::made subject to the terms and conditions of tnat certain agreement entered into between the Owner and Metro dated the 17th .:day: of . O::toL•_r , 1967, and the following express conditions: 1. The Owner :.its::auccessors and assigns• reserves the right to use the property'hereinbefore. described for..any' and all • purposes'not inconaistent ';'with.the:easement hereby granted, c_luding; but not „limited o, , the:_ right,: to. construct,: :;maintain, . repair, + and otner . related facilities =streets,'utilities,:.and other facilities which the Owner may deem necessary or expedient.. Rights reserved shall be so exercised as not to damage or interfere with the sewer line or any part thereof,- except as otherwise may be provided herein. 2. This easement is subject to existing interest in the premises of whatsoever nature and any and all extensions and renewals tnereof. 3. Metro shall not use the property granted by this ease- ment for any other purposes and shall not grant to any other persona or organizatiOns:Whatsoever, including public and private . , _ - - • ), utilities andtranspOrtation companies, permission to maintain any facilities on any Partion of the premises described in this ease- ment. The right to grant such permits is reserved to the Owner; provided such permits shall not be granted where to do so would interfere with the use of the premises.by Metro as herein provided. 4. In event of vacation or abandonment or termination of this easement by good cause shown, the Owner shall thenceforth hold title to its property free and clear of the easement hereby granted and may, at its option, re-enter, retake, and hold said land and premises as the present estate, without compensation tc Metro, tne pUblicor any other person whomsoever for improvements Or property, removed, taken or destroyed or liability for loss of or damage to any premises or the improvements thereon abutting said sewer line or any part thereof. 5. Metro agrees to indemnify and save harmless the Owner of and from any and alt loss, liability, cost or expense in cOnnectioh:WiththecOnstruction, maintenance and operation of , the sewer.,...pipeline:JOrwhichthis:easement is granted.- IN WITNESHEREOF, the Grantor. causes this instrument to -. . -, . .. . cuted by itsproper officers and.its corporate seal to be ..C., . arCi.ased this the 17,.:11- .day of 0,.t:io-r , 1967. • : ''‘.,,•*41... 6,-,11r.1, .... '.'-'1:. ' • 4:•.310 . : • ' .: : - .44 ' -....; v .... AL::: hc • ... .. . %., IA ' 1.., • . e : • . : - - .. :,., *........ , . " . • --7 GLACIER'PARK COMPANY By 4/Ail/lots-v./ • Vim./?resident Atteet: Aszt. Secretary .iTATE- OF MINN E..30TA ) County of Ramsey SS On cnis 17th day of Oewber , 1967; personally appeared before me J. R. Severson • and C. F. Bteinhilwl '4 to me known to be the • • . 3 • . .■ • - tvglb.•••••• • • • • 7.... Lt.4',,31•••••• Tra• • .•■• .," • • • vie,. President and _jmBt. Secretary. respectively, of Glacier Park Conpany, the corporation that execqted the within and foregoing instrument, and 'acknowledged the sateinstrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the,corporate seal of said corporation. WITNESS my hand and official seal the day and year in this certificate first above written. ..... ... ........... • . . . • Mod for Record It■C•19'°26 547 Rrtqoctt I • . 7 A ''.7.ZRIS, County Arritibt .247 Minnesot , residing at st. Paul Notary c in an for e State of My Commlasion,Expires January 13, 1973 • 1.0 TvniVuTs " - .... - ..,,, . .. ... ..- .,- . :,....,.r , .,.... • .k•••••,, , • " r- • z••••:' fy-Pub1ic inandfor th • ,•,74-2ir",--;• • •"'", • •A",,,....str':‘, 64/2.662001 14:26 FAX ty APR. 26. 2001212 :45PM ..AMOCO 842E • r5927072 1 EASEMENT 4002 NO. 4546 P. 2 KL -236 ry�� The Granter, GLACIER PARK COMPANY, a Minnesota corporation, t":1 for valuable consideration, receipt of, which is hereby acknowledged, f Y• CONVEYS and QUITCLAIMS to OLYMPIC PIPE LINE COMPANY, a Delaware corporation, Grantee, the following described easements: A. A perpetual easement thirty feet (30') in width for the construction, operation and maintenance of an oil pipe line and appurtenant facilities over, across and underneath the surface of the following described land situated in King County, Washington: That-portion of Government: :Lot 9, Government Lot 10, and Government Lot 11, all in Section 25, Township 23 North, Range 4 Last, W.M.', being'a'strip of land 30 feet' in width, lying 15 feet on each side of the center- line described as follows: Beginning at a point on the easterly right of way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad company 15 feet southerly of the point of intersection of the south margin of Henry Meader Donation Claim No. 46 and,said easterly right of way line; thence easterly and parallel to and 15 feet southerly from said Donation Claim margin to west line 'of Parcel "A" as conveyed to Olympic . Pipe Line Company by deed dated August 12. 1.965 EXCEPTING the right of way of the Northern Pacific Rail- way Company. E. A perpetual easement for the construction, operation and maintenance of an oil pipe line and appurtenant facilities over, . across and underneath the surface and for the construction, operation and maintenance of an access road over the surface of the following described land situated in King County, Washington: That portion of the NW 1/4 of the NW 1/4 (Government Lot 1) of Section. 30, Township 23 North, Range 5 East, W.M., described as follows: Commencing at the NE corner of said NW 1/4 NW 1/4; thence South 1 °35'12" West along the east line of said NW 1/4 NW 1/4 a.aistance of 30.0 feet to the true point of be- ginning; thence South 1 °35'12" West .a distance of 250.0 feet; thence North 88 °24'48" West a distance of 70.0 feet to a point on the east line of Parcel "R" as conveyed to Olympic . Pipe Line Company by deed dated _„must 12. 1965 ; thence North 1 °35'12" Bast along said east line to the NE corner of said Parcel "8 "; thence North 89 °52'01" West to a point 200 feet westerly as measured along last said course and as extended easterly from said east line of NW 1/4 NW 1/4; thence North 1 °35'12" East a distance of 150.0 feet; thence South 89 °52'01" Bast a distance of 200.0 feet to the true point of beginning_ 1 kW. ;PROF 1LME0 G1/26%2001 14 :27 FAX I APR. 26. 2001 12:45PM i : AMOCO 842E'. t • NO. 4546�� lQ 003 '`P. 3 SUBJECT, HOWEVER, to,the right of the Grantor to dedicate said lands for street purposes and to use and occupy said lands, and to construct,. operate, use and maintain buildings, streets, sewer lines, water lines, railway tracks, drainage ditches and other facilities over and acoss or underneath the surface of said lands. PAC 24 The rights herein reserved, by the Grantor shall be paramount and superior to the rights herein granted to the Grantee. In the event Grantor's use of said lands requires any change, relocation, removal or modification of Grantee's facilities installed on said lands, Grantee shall on demand of Grantor change, relocate, remove or modify such facilities to accommodate Grantor's use at Grantee's sole cost and expense, and Grantee does hereby indemnify and hold. Grantor harmless of and from any cost, expense or damage to Grantee's facilities located on said lands or the loss of use thereof by Grantee by reason of the use of said lands by Grantor in the exercise of the rights herein reserved. provided, however, in the event Grantor shall require the removal of facilities installed on said lands by Grantee, Grantor shall convey to Grantee an alternate location for such removed facilities of the same width as the right of way herein granted; subject, however, to the reservations and conditions herein stated. This easement shall be binding on the successors and assigns of the parties. IN WITNESS WEBREOP, the Grantor has caused this instrument to be executed by its proper officials and its corporate seal to be hereunto affixed this 12th day of August , 1965. GLACIER PARK COMP ; `•. • M IGROF ILMED C4 /V'(i /2001 14:27 FAX PR, 26. 2001112 :46PM w. AMOCO 842E STATE' OF EZENEsoTA ) ) ss County of. Rameey ) l¢J UU4 NO, 4546 P. 4 On this 12111 day Of Apq4t , 1965, before me personally appeared. J. C. Kenaly and R. M_' 0_13TP71y to me known to be the Vice president and Secretary, respectively, of Glacier Park Company, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and . deed of said corporation, for the uses and purposes therein-mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the corporate seal of said corporation. IN WITNESS WEEREOF, I have hereunto set my hand and affixed my official seal the day and year . first above written. • Filed. 1r RaIid 4 ROltrA, MORRIS, rUa .M. • Avd4or Notary Public in and. forf Minnesota, residing at .. , My .Commission Expires �y0- a 'L Zi icw• 3 M 1CROF-1LMEO • 04/23/2001 14:28 FAX APR, 26. 2001 12:46PM ~�~ No. 46 in said Section. AMOCO 842E • 6255972 SUPPLEMENTAL EASEMENT g005 N0, 4546— OG4 5 127 WHEREAS, GLACIER PARK COMPANY, a Minnesota corporation, Grantor, in part A of that certain instrument entitled "Easement" dated the 12th day of August, 1965, conveyed to OLYMPIC PIPE LINE COMPANY, a Delaware corporation, Grantee, an easement 30 feet in width for the construction, operation and maintenance of an oil pipe line and appurtenant facilities over, across and underneath the surface of portions of Government Lots 9, 10 and 11 in Section 25, Township 23 North, Range 4 E.W.M., Ring County, Washington, as more particularly described in said instrument; and WHEREAS, Grantor has heretofore agreed to convey its property burdened by said easement to Broadacres, Inc.; and WHEREAS, Grantee has requested the right to install an additional oil pipe line, and Grantor is willing to grant said right on the conditions hereinafter set forth, NOW, THEREFORE, 1. The Grantor, in addition.to the rights heretofore granted under said instrument, and subject to the conditions and reserva- tions therein set forth and as hereinafter set forth, CONVEYS and QUITCLAIMS to GRANTEE, the .right to construct, operate and maintain one (1) additional pipe line and appurtenant facilities over, across and underneath the surface of that portion of Grantor's property described in part A of the aforesaid instrument, said pipe line to be located five (5) feet south, measured at right angles, and parallel to the south margin of the Henry Meader Donation Claim 2. In consideration of the foregoing grant, Grantee agrees - ▪ as followss (a) To pay multiplying the lineal foot. to Eroadacres, Inc. a sum computed by length of said easement by $1.00 per M ICROF IL_MgD 04/25/2001 14:28 FAX. 'APR. 26. 2001.12: 46PM � UU4 1 • w .N • 4 to be AMOCO 842E �uuti NO. 4546 P. 6 (b) Immediately upon completion of the placement of said additional pipe line to restore the property as near as may be to existing conditions, including but not limited to the restoration and replacement of all roadways. IN WITNESS WHEREOF, the Grantor has caused this instrument executed by its proper officials and its be. hereunto affixed this I1 • KII4� G , _ . ®Y FF'UTY STATE OF MINNESOTA ). County of Ramsey ) On this 13th personally appeared 55 13th day of October corporate seal 1967. GLACIER PARR COMPANY to day of October , 1967, before me R. W. Dowtlinst and R. M. O'Ke]ly , to me known to be the Vice President and Secretary, respectively, of Glacier Park Company, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the. seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed fitly official seal the day and year first above written. <<,, ..,,., . t '‘` " PRtat 9 .z • .. 1- ••.... ;:_.; ,•cam Notary P i in and for a ate of Minnesota, esiding at st. Fau1 My Commission Expires January 13, 1,973 M 101140F 1t.MED 2 filed for Rorer .124 19 RsquOSt of LPy ne•erer •� ■i —enIr OROED • VOL PACE ._.._.....:' EST OF Al 8 30 O }.. ROBERT A. HORBIS RUOITOA ? 2 .r KING COMITY WASSH. t✓ - :� •t 1 -P ''\& G . Statutory Warranty Deed THE GRANTOR, HELEN B. NELSEN, as her separate estate, for and in consideration of Ten Dollars, Foam L31 in hand paid; conveys and warrants to ROBERT' L. HUDSON the following described real estate, situated in the County of Sing , Sute of Washington: That ,portion of the Henry Leader Donation Claim No. 46, Li, Se tton 24, Township 23 north, Range 4 East, A.Y., in king County, Washington, lying between the easterly line of the Puget Sound Electric Railway right of vay and the westerly line of the Chicago Milwaukee & Bt. Paul Railway right of way and northerly of the North line of that certain easement for road purposes described in instrument filed under auditor's file No. 3480349, records of King County, Washington; EXCEPT the north 137 feet thereof, together with an easement for road pur- poses over a strip of land 35 feet in width adjoining said premiss.:;, on the south and running westerly from the southeast corner of said ..remises to the east line of Secondary State Highway No. 5 -M, being a portion of the existing roadway its described in instrument recorded under auditor's file No. 34d0349; subject however to right of way of Puget Sound Electric itailway right of way, now Puget Sound Power and Light Company right of way. Dated this y n .. / 6 ft. : . _Net May, 1362. en B. Nelsen sr.vrI; OE wASHItiCTON. • s. County of King On this day personally appeared before me HELEN B. NELSEN, me known 10 ; t the individual dexnlad in and who executed the within and lo.- e;oine ,nalrumrnt, and arkn.,wisdged 'bat ' she signed the same as her free and voluntary act and deed, fur the uses and purposes therein mentioned. /G . GIVEN under my hand and official seal this day of uay, A.ii i y Ywbh in era Joe the Stott .1 14'asboag:ra, rr :idiw(4 • j5 .':j {)p'.�r.y 18L4 , shade this: } "4dikko¢': = ": >" April r • 3. between GLACIER PARK' COIIPANY, : i` /Sanwa ii• »1 Oration, . cod.- 3... Pith and [LIE PIIZE, his wife, hereinafter -ca3i.eQ•tha:( xtdrd` lac ties,iof,Abe•fist yert� "and CITE OP SEAMY:, a municipal corporatiop,.beteiui ,oX ashen the. Grantee, party of the second part, WI'J'NEESBTII: • 'hat the Grantors, for and is consideration of the such of OXN ARD No /loo DOLLARS ($1.00) end other valuable considerations,receipt of vhich is hereby acknowledged, hereby convey and grant to the Grantee, its successors and assigns, the right, privi- lege and authority to construct, erect, alter, improve, repair, operate and maintain • . electric transmisaion and distribution liaes,'contisting of the necessary towers and a poles, with braces, guys and anchors, and to place upon or suspend transmission, 0 distribution and signal wires, insulators, cross -arms, transformers and other necessary or convenient appurtenances, across, over and upon the following described lands and premisea.situated in the County of Xing, State of Washington, to -wit: That portion of Government Lot' 9 Government Lot 10, Government Lot 11 and the Henry Meacer.ionaL.:.:. Zial_ Nh. 46, all in Section 25, Trvnehip 23 !forth,.Range 4 East, W.H., described as follows: Beginning at the point of intereection at the south margin of Henry Meader Donation Claim No. 136 and the east eargtn of the Northern Pacific Railway Right of L'ay; thence Southerly along the east margin of said right of way to a point 40 feet :ouch, measured at right angles, from the south margin of Henry Meader Ibnation•Claim; thence east parallel to and 40 feet eoutherly from said Donation Clain margin a distance of 10.feet; thence northerly parallel to and 10 feet easterly trom.the east•margin of said Railway Right of Way a distance of 25 feet to a point 15 feet southerly, measured at right angles, from said southerly margin of said Henry Meader Deflation Claim; thence east parallel to and 15 feet south of said.Donation Claim margin to the east line of Government It 10 in the NEI of "3ection,25, Rbvnship'23 North, Range 4 last, W.K.j thence south along the east 1_'re,cf said Government Lot 10 a distance of 25 feet; thence east at right angles to said east lira of 'C;r=ernrent Lot 10 a diptauce or 10 fact; thence north . parallel to and 10 feet ea•:aerly from said east line of Government Lot 10 a distance of 130 feet to said south margin of Henry Meader Donation Claim; thence east along said south margin of Henry Ntader Donation Clain a distance of 3C feet; themes north a; right angles to said Donation Claim a distance o: 10 feet; them.: west parallel to and 10 feet nc:tlicr y from said Donation Claim line to a.;.oint 1; feet east of the northerly production of the east line of said Goverment Lot IC; thence nor,.:: ;,.parallel to and 15 feet easterly from the northerly production of tie east line of Covcrnnent Lai 10 to the south .line of the Row Lake Pipe Line RiE:.t of Way; thence westerly along the south line of said Pipe Line Right of •,:::y the northerly production of the east line of Government Lot 10; thence souther:; along the northerly production of the east line of Government Lot 10 to the Lcu__ line of uai;i Donation Claim; thence westerly along the south line of sate Donation Cleic to the point of beginning. AL30 that portion of said Government Lot 11 and said Donation Clain i.e;::6 a of land 30 feet in vioth'lying 15 feat on each side of the centerline ..c follows: Beginning at the point of intersection or the south line of Henry metaie:r :nett] -n Claim Ib. 4E and the cast line of Government Lot 10 in the NE-,l. of Section 2„ Tbwnship 23 North, Range 4 East, W.M., whence westerly along said south: line c_ the Henry Meader Donation Clain to the.eaet line of the Ibrthern Pacific licilvuy Elcht of Way; thence continuing westerly along said henry Meader Donation Clain ct uintance of 42.65 feet tc a point on said Northern Pacific Railway Right of ray 15 the true point of beginning; thence westerly on an angle to the right n:' : °:C'40" to the east margin of Secondary State Highway No. ;M, EXCEPTING the rights cf way of the Northern Pacific Anil may, the Chicago, Milwaukee, 3t. Paul a:.-. Pas'. :'ic Railroad. and the Puget Sound Electric right of way. AL.X. that pertian Government Lot 11 and said Donation Claim eitt; a str'_; _ ._ l feet in -idth lying 5 :eat on each side of a centerline v,ach _tier •__ c No. COMPTROLLER the centerline: of tbeaboire'described 30'toot strip,'at right: angles, and extends. • north therefroe( Xfeet and. sonth'therefram•30 feet;'eaid intereectioa being at a .point 190 feet west lraa the vest.line.of.the l rthern Pacific Railway Right of We', measured`.elong the centerline of said 30 foot strip, EZCUMNI therefrom that. land described in said 30 foot strip.. • • • • 'This easement is given to correct aad replace that certain easement dated the 28th day of November, 1961, executed by the same Grantors, to the same Grantee herein named. Zbgether with the right at all times to the'Grantee, ite successors and assigns, of ingress to and egress from said lands across adjacent lands to the Grantors for the purpose of cbnatructing, reconstructing, repairing, renewing, altering, cranging, patrolling and operating said line, and the right at any time to remove said towers ana poles, wires and appurtenances from said lands. • Also the further right to clear said right of way and keep the same clear of brush, timber. and all fire hazards and the right to remove danger trees, if any, located 1....•nnrl the limits of said easement area which by falling would endanger the transmission and distribution lines. • The City of Seattle agrees to revise and alter its facilities on the described premises e-;. its own cost and expense should railroad track construction in the future require cuch.revision and alteration as determined by the Chief Engineer of Great Northerr. Railway Company, or its successors or assigns. IL the event that the Grantee shall be required to relocate its power line, or any part thereof, to provide for the construction of such railroad track, the Granter hereby agrees to provide the.Grantee, at no additional cost to the Grantee, such additional easement area.as spay be required for the relocation of the Grantee's power line facilities, or any part, thereof, from available adjacent land then owned by ( actor. • It is understood and agreed that the City of. Seattle, Department of Lighting, n-.4 grunt v'tber utilities the right and privilege to occupy and use Jointly the said trans- mission and distribution lines. 'Be • e City•of Seattle is to be responsible, as provided by law, for any de age re- sulting to the Grantors through its negligence in the corstr•.:ct_ion, m intenarcir and monition of said transmission and distribution lines c,er and across the property of said Grantors. The 'Grantors, their heirs, successors or assigns, covenant and agree that they will not do nn,Y blasting or discharge any explosives within a distance of three : :uidr�•:. (300) fot.t of said line without giving reasonable notice in writing to the Grantee, its . suaces-sors or assigns of ibtention so to do. • The rigs, title, privileges and authority hereby granted shall continue arc he in force until such time as the Grantee, its successors or assigns, shall persanehtiy remove said towers and poles, wires and appurtenances from Said lands, or shall other- wise permanently abandon said lines, at which time all such rights, title, privileges and authority hereby.granted shall terminate. IN-WITECtifilBREOF, this instrument hear been executed the thy and year first above vrittea ... 41- tcdr.PYe . s? Secretary Individual Acknowledgment) JOl • • bars csrtUy� t'tom. this * Qq.et! snored beat. in B. PULS sod s • • ' .. w ... , . ethi 3ML rs described is: _ mel -tds exaO:ad • the within instarwtol, . and acknowledged thdt••thay. aligned the sans iv their !rat and voluntary set sod dead for the uses sad gonvOilds. 'therein nastiooed.. Ilium under .q hand and official seal the day and year in this certificate above wri • : ~= • .,..y .IY�r.....: 4 - ND t i 1th c ..��.�....vf�_+� ;` • •R ei�tir.: k z . Nallnaist0Y i'tb��.ai.0 ..�. rrs�s7:c •�f z�Mit '' r. .T AS (Corporate Ackaowleddeent ) STATE o7)am sO ) ..) as MUM 0? RAMSEY ) oz this lath day.of April A.D., 1962, before me Personally appeared R. V. Downing to me known to be t c Vice - President, and R. K, 012.1v to see known to be the 9eeretary, of the oorporstian that_ezee? he within and foregoing instrument, and each acknowledged that said instrument to be thba tree and voluntary act and deed of said cox-,.o -. ration, for the uses and purposes therein , and:each each an oath stated ted that they were authorized to execute said instrument, end 'soil n said corporation. Ili iI2UESS WHEREOF, I am bereunto set my hand and affixed my official seal the day and year above written. o • 4 ibtnry Public in and for State of ltlaoesotw residing in St. Paul. tt urxsr. ussp ear. amen P. es:.► eu . n.. war lidlo _ snc.;-__41nota.b,...aor_15i4,,.ikootoar.AaohLootoo-.--"-- -?--.:* ••:..;..:••■■nellinininkintilinoJiandr.sd..($3.5150-004----5601hrain hand Ploid. aliV;i7- ---: Ind -.: .. '7= .1earcant_..... toz-r.--gferz.ftref_flt _NRA.rtla.--11-7.1nInio1 pal ansposarrg4914, • --.— • — , • the grantee_ _ .. the eollowUtg described nal estate 1 - • '4..poro1on of Clovoromot Lot 9, Section 25, Township 23 North, Reingslkseatii ,, -•11.11.; *nil of tn.' Rear, A.Meadcr Doir tion Laiad Clain•llo. Os; In-laid gootion . lbod.is follows, . •_ ... .. . :.":11.161"/„.*Wrip of lend 30 .Te•t In width over and aoroas the said lands', being 15.- -- foot on *ash olds of the following dsseribed center Unlit. Beginning st " .o nortbiast earner of weld Government Lot 9: thence eouth.on the ...t •..qine ther•of • dtstano• of 15 feet 'to the paint of •trim beginning, these. iz ' g !north 87418012" vest on a line p•re11.1 to the north line..of said (At 9, _ .:.: Is dletano• -Of 7149.19 feet to point of Wareset-thernik southwesterly :along .1 f are ..of • earve to Um left, hiving • radius of 920 r...tp and through - •• .. - ' ra contrail :angle of 19•56,157 • distance of 320.14 feet to point of tamping: -'i Tthenee • south .7204.5133" west along salt tangent. • distanoe of 701.60 fist . to point of curve; thence 'easterly along the sro of • our?* to the rigbt, vies • radius of 137.55 foot and through a central trials of 20°01'15', • distance of 48.06 feet to point of tangency; thsno• north 87•13112T-.....i- along: said tangont, • dietaries* of 3004.13 feet more or liee• to Ilse low w ater anis on the easterly bank of the Green River abutting *aid AU:metier% Clain; irzoepting therefrom the portions of •aid •trip lying and Wog swithin the rights-et-way of the several Railroads and Public Highways draining gild .trip; all booming* being referred to the Lambert Grid se we'd in the Aerial Sur•ey for Xing County. Waehingtong..togathenaLth-t---- _riervaar_entur..upan..„ °cowry and-Quarago-;- durreilf the construotl on of the Tn intt•raain in rigid 30-foot strip, a strip of land 30 foot in width, .• the north end northwesterly linos of which said strip, coinciding with the south soutboasterly lines of thm ahoy. demerlbed 30-root PIght- : iir-T.7; . . _. _ • •••■?,t......1...:47...t.... . .. • •:.,.....c?..„...z....t ';:<1.1.1.':.!.. ....frx•.5od:-...10:-:. 1.;,-0.• .•.,-;-;.t.:= 4 Y," .ranrc. ;.:-...It• (': ) .• : ' • ',:':•''',•...'.'4', • .. .' • . • ..... ,...-..--...:.7 f-nong:4Y.b 9 ;....:,t, -ii...:;t3 cc: t'.!13 :%14..•:.:.-.as': •-■:... r....-... • ... . :1-"i:•;....:•,::-. 151049tidb-i. 7.10112,..i.on..C:t.al :v. ::‘....1.0, • I.n ..:'...-.1.: t. :.-:....11:;- • : ...: :.:,‘...,.. , 540...f.tot ; 1...:•enc.- , ...:- ,t ,...1.coot ; '•. ..: co ..: .:1... •,o • '-- .....:-.• .-.. 3)65t. no . foot: ..-volr'• 1. .-..: •:..•.c• ..1'..,... ..... 3 ...• • " .1... ...:".■115.';'.::n • • • • :. Icifir...; titetv., .t. :,., t., .:..:... 1!.•..-. :. ;•: • ..e: la.- ' -.'..ri. ' • •Fitt1a'Ke.•; ..1,Iit ot: .it..J: ... .....; -...s .,;.::::;:. 23 ...: ...- -.... .- . .._... -... -,...-•...haidv e.1;,Itt i5C.. .7?::,, r,c. '.; -,..‘);.•:... 1 : ,..: ' ...a. . : . . • ' :.! . : •••..,..•, - • .;•'• • •••• 4 ) • Rithiy.a7 th0. :.J'. t,iatot. _r. ‘Ort :.•; ..o,•14- Aro() (1.;:f.) ;•ar.00 4.--)..'four: (4) earst C:hl ch jd j •nt 11, c•Iluvly uc ..* "ol • 1o.1:1 • ••.■ 41,1 4."JJeciti0n—.35 reot: in aiti•.•:11•.,•.- .1._10 of 1.0,:o Loentdr • • , ; • • • ; • • • . ';■". b: I. -fl..note7filehTinY . • 4.r.0 or 4:1,1.d • • •••••LII • 1: 'it both". L- t'Ce .'.-:,. i;i:i•poscos t ^_ :.•t•.. • . • rflttisn■. __... • _ • wRe Sr^ ,I ^ -. a~. J. ::r! 29, !945, : 4:iy •:I:.. r. pl .... - Ill lit Ind 34l4.4!! ffiS JGiOwi ?, made and entered into the 28th divot Jae, 1945 by and between WASHINGTON JOCgEy CLUB, a Washing- tom: corporation, and JOSEPH GOTTSTEIN and LUELLA GOT?STKN1 his wife, 1!ITNE3SB ?H: MOMS, Washington Jookey Club is now the owner and holder of that.oertain Lease and Option -to ?urchase executed on the 22nd day of June, 1933 by and between lames Nelsen and Vary Nelsen, his wife, as Lessors and Joseph Gottstein, as Lessee, on the following described premises situated in King Comity, State of Washington: A portion of Lot Eight (8), lying Bast of the Northern Paoifio Railway right -of -way and South of the Renton Junction paved highway; alao portion of the NMI of the SEk lying South of the Renton - lunation paved highway; also GoTeraaeat Lot ?ourtean (14), all in Section 24 Township 23 N. R. 4 E.; also beginning 438.9 feet West of the Northeast corner Reader Donation Claim; thence South 340 feet, thence lest 485 feet, thence South to a ^oint 410 feet North of the South line of Meader Donation Claim; thanes Neat to the East line of the Northern Paoifio Railway right -of -way; tthanes �North along said East line of said right- of-way; to the North line of Donation Clair; bst to beginning. Above description intended to 'over all of Jim Nelsen property r8 bit•of the Northern Pacific Railway �'ot., y and South of the Renton Junction all in Sections twenty -four and �� hip 23 N. R. 4 E. containing _ . rt Or leas. (Also easement covering 14Wand under Milwaukee R. R. 111401! Northern Pacific Railway tracks ° � rig it- of-way oonneoting to Iii, approximately 1700 x . • tin and Luella Gottatsin are now and have executed a new lease as s ";N „o, n2 PACs 2O3 of this dnte,to said Washington Jockey Club and as a part of the consideration therefor, Washington Jockey Club agreed to the cancellation of seid lease cnd option to purchase. 4 ". '_7 NOW, THEREFORE, in consideration of the nremises end the sum of Ten Dollars (x10.00) to it in hand paid, Washington Jockey Club hereby cancels and terminates the said lease and option and all extensions thereof and all rirhts thereunder and releases the said Joseph Gottstein and Luella Gottstein from any obligation to -transfer or convey said property to said Washington Jockey Club and the said Joseph Gottstein and Luella Gottstein release the Washington Jockey Club from any further liability on account of the rental oonteined in said lease of,4une -22i- 1933. IN WITNES:: WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. WASHINGTON JOCKEY CLUB Dy es eat Secretary ".. -102 na204 . 1 e STATE OF AASNGTON COuzTI OF ZING I 88s On this 28th°'day of June, 1945, before me, the under- signed, a notary publio in and for the State of Washington, duly commissioned and sworn, personally appeared Joseph Gottstein and B. N. $utohinson to me known to be the President-and Secretary, respectively, of WASffiNGTON JOCKEY CLUB, the corporation thc.t executed the foregoing instrument �� a anc"4olmo Rl ed' der said instrument t- be the free and voluntary act and deed of said corporation for the uses and Purposdd. therein mentioned, and on oath stated that they were authorized to execute the said instru- ment and that the seal affixed is the eor -orate seal of said corporation. MTTd&SS my hand and official seal hereto affixed the day and year in this certificate above written. • n an or e. a of Washington, residing at Seattle } -ern t3•i�f :e'rised 2 -2 TB and between herein eall •:ovSIIiG 6o: 1:4 4, and or ;ant ' eb: ue ry ises noon tEI said instrra hereafter et NQ noble erYnsic agree that i fctth is RIc in, as folic T1 a ar::s cr..1 ac: -i:,e11 ray .,3rirrg th• iced of t: tc the ro: Was' Sea• Pcyr July :1, ca or befc "Tt.: nny©ents c •n zuch :1•ove, cer neverthelc _retofore that such !:rovided t ibce, end effect at respeotively 11 day and year STATUTORY •,::RRA iTY GRANTOR, Tfita.,S. LrLS] N, whose nano appears. of frrcord also , cs 3.11:1,1:,S _1E LgoN , nd d .1ES 2.•.Sf"t, : as executor under the as. - -: nc?--Testaaent o?' ;;uc, rels n,, -Dec z r-' , a consider ti, n of T .T DOI,"�tLRS (;'•10.00), in "hand' 'paid, conveys and vrerr&n}t° to .47-0,SFall GOTTSTrLii the fo11o, ink;• aeseribed' real - estate, situateer it the County of zinc, State is ton: -TE1. irULL $$ A - portion lot ly} e ,t of :no,. Pa -- ., cific,- Railv:ay —Ri ht of :t':ay,an.d south ,of. .south 153r& • Street, formeriy ?mown &C Renton Tunetion_Taved Fliahwav Survey }.o. 1599 P.' E. N^. _26, • That nort7 of .t h 'E rortbtlest _cuerter o tie. Go th east c uarter 1Yir scuth of South:153rd: Street, forrerly:: io;'.'n. as Renton- 3unction `Payed. Survey . -_o. '1599 P. H. ::o 26• f Government lot 'L; Be ;inniri , 433:9 9, feet '.•:est o '. the :nor :?east corner of; .:ead:e r.Donation'Claira, thence south '340 .feet thence west :; 445.1.` f-eet; --: thence south to a aoi-at '410. feet north of the ;south- line: of e: G° Tcne tion Claim, : thence e .t'to'the ee-s t line of .:the ::ay-;-thence nort *.al.onrr: said east—Line of said Right of ,7a1 to the' north lane'of Dent,ta.on.91atrn thenoe:`e>'st.; to be- inn'irig; SITU. T.— in section's ';2 end? 25 ':: tol':nsni:' 23 . north,`: range 4 east, - Being all of the property oy :nea.-by the Crantox' i :ort, s 1= • • .. • 1 17a arid_ 0Uth =1 r d Str.e. ,_;l antra .in4.._ /' '.9cres• - ior'>:or ices, ;. 0GET.FILR V1'iTFZ an : easement for road purpose a above "treat, extending west .tinder the - 'Rights of flay of;'Chicsso, ; .ilv ap ee 1-.'`St. j ;Ra11roai., Nortb.ern Pae1r1c; Pailrs, iy ind Puget: :Sound =Et ectric 7nterurban to:: the Seattle Taoaza .Stets IIightsny 8s: tho said .s;_no*'•1ocated at;ci: in^ y%1Oe, .si:tuated in :800tion 2/, township 23, north, `i: e'.4 east, 17: 1S • 1 ,11.3L .1111:, EJECT = "TO a _Lease: and ':optiou to P..urohasc exe.. outed "by James Nelson and Mary. Nelson, his l i K ae Lessons snit Joseph Gottatein, as: Lessee, :.e� '�--� whloh ie now held Of record by Nashingtou Jock4. ;;; . � ti Club,, a Washingtort - orp:orat "on ti instrume Jul 17 1933 y nx det98 y s arxcl acQOOrdQd ib volume at ,page, 590, xecords of King count b�'Zeasea SUBJECT. -TO easement for eleoti•ic transmission 1#n8 as `granted. by, James Nelsen'.and4,1ar hi:a. +wife, (sometimes known as`- Neilson- );.'to Cher' sago, tiilwaukee &`:St. Pa.ul'Railway . Company; a� Wisconsin aorparati on over': and:; across ;:a porno o1- `said:: premises, by instrument_ dated 'June 12.. 1918; recorded in -volume;1022'of deeds ,.page 22, and by instrument -dated. lterah": "30, .1922 recorded:`: in ,volume 1166 of deeds, Page ;322, records of said county; - ,"`aT 0- easement-to erect and maintain anchors with the neeessar3 *:wires and fixtures _ttiereon_-and ;. to keep .same free; .from _folia8" e mover and; - a4ross a portion of said Government lot 8, _the northeast quarter of the northeast- sluarter of- -the'_ =sue w st ' (quarter -of said section 24,..;for. -a' ,Period, of 25 years. fror ,date thejreof,: _granted by Jarxes ?elsen, to The-Pecific Telephone: -and Telegraph :Company, Y :instrument :dated -march 26,:- `1922,' •recorded. -in volume 1194 of deeds, page 152, records' -of .said' { county,. suss T TO all assessments and general taxes =.nowz a lien on said.; property, 1.ncl1-n udg those.: for the ° r year• 1945; . ` Yia44.4.•4 Von . 44,4 . JUN 0 8 199s COMMUNITY DEVEipPMEP,if c. di (LW -444 i....1144.<•;.rp. • •• • • • • .. I 714...eass-et. an?' 14.411.fatf..414.14-ee`X a4714 4,14. 14a,ti esif 4).40-A1144 (..to.,:'2Li411 44,07,14f. 444AL4)... a,f(4.411cf. I#L1-/e,v,, 4204.41iEJ A. • • • Ar• At. tel ti.441.41.1eitict2;4:. a eY * 31. • ';'" '4* C 4e, • ;.i.t.0414a4ict.: . -afa •••• • ‘14.1iI4A-hr••.:.!*•,;' C.," ."0 • 114, Q.• 40 ' Olt • -L' • .;1'417. 4i • . "77 . • Att.& t4Kteleig4117)... • O.' 0 .. . .4£0.444 • 444p 44d&& ritd A ..,ficezd ' :‘ 'Re 0.4:1 aJi .; • • • • ' •• • • ". . • • , •••• • '; • , .• t %. • Iffi3 fAs.(4.4. • . . • •\ • . „JAI/. • • • I • ...• - . . icit: thr1:. d 4114( 4414(fid. - -a. ..."•••••••.,••• •••• • a4t240 f•!".Y elyit EA/ 11 • 4.i..i 2 :. si4 ...y.,...1.y....... 0:4, t.,..."*6 .• . 4.' ,.• • -0,•-; ,.`+ -:•-`• • ... • •• ... ` ''' — - - ... ...... . 4,,,,M . t.. • i•,..ti ' .-.',4‘)'..‘ ....•••:% 4. A :. . ii .7 ' ' • ' '. s. , t.1.11 tw ..,.4..:b , /0.; •rt /141 *... ' .':,... • '1,4!' V .3y Piell':#0 It .frifi 4r.) Aernste..)f41,06A,,,,, .s4 •& /i Lei ow •••`.g$ 614. , • L.4.444076" €1.,br (. 7/u 'y, "P 14' /7 rei tfiv (*k, 9'S . •••,/ ' • tAdiA4Vrifittl t. 1 2 t • / , . I') 1A''• -- ■StA ej • • • ;'‘ t• • 111*!' • A LG L. tos (W. t•iiiit;i ,t1711'.o/ 441 14 I . Ira f./ I.'? /Zit etaa. I, /;742,t ,07 et- e //1 /h ; • / • /44.2 X , CITY OF KUKWILA Department-15f Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 • SHORT PLAT (P -SS) APPLICATION FOR STAFF USE ONLY Planner:. File Number::. Receipt Number: Project File r---6691 Q Application; Complete (Date: Other :File #: a Application Incomplete (Date: Other Fife #: 1. PROJECT BACKGROUND A. NAME OF PROJECT /DEVELOPMENT: T- W --I4(L ' /LD 46e �S G0 wt Tz.A it, T ATI Olv B. LOCATION OF PROJECT /DEVELOPMENT: STREET ADDRESS: �8t sf ASSESSOR PARCEL NUMBER: 5E -- ,ATT 4--i t X.D T LEGAL DESCRIPTION: S 1'ZTA� -t C 1--A`T Quarter.r. Section: 2- wnship: 2341Range: 4 e- (This information may be found on your tax statement) C. CONTACT: (Primpary..contact regarding the application, and to whom all notices and reports shall be sent) NAME: VA ADDRESS: �,� 1 l`tTly ✓�T /� � � 2-I/V JL ,&V€ � •� (3t • r� 3 Re- i'a u-S ?B tc j PHONE: 2.067 - 35I SIGNATURE: SHTPLTPT. DOC 7/5/96 DATE: RECEIVED JUN 081999 COMMUNITY DEVELOPMENT JUN 1 '1 1999 TUKVVII A PU: =LIC WORKS D. PROPERTY OWNER DECLARATION The undersigned makes the following statements based upon personal knowledge: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the application are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. I understand that conditions of approval, which the City and applicant have jointly agreed may not be completed prior to final approval of the construction (e.g., final building permit approval) will be incorporated into an agreement to be executed and recorded against the property prior to issuance of any construction permits. I declare under penalty of perjury under the laws of the State of Washington and the United States of America that the foregoing statement is true and correct. EXECUTED at __E-ATTZ --E_ (city), Week-f—t 1-OC-.) (state), on NW( ^ , 1998. SoGt.), f_ Doti • c)o G-7 / V A-T,_, (Print Name) 6 cC.) �D t I1cL 4 ✓:e- L (Address) 8(.0 398 -6( -- (Phone Number) (Signature) t 7 1 7(01- 44-4 Use additional sheets as needed for all property owner signatures. 00/01/88 TETJ 08:22 FAL 1 206 1529 RTA • 121002 D. PROPERTY OWNER DECLARATION The undersigned makes the following statements based upon personal knowledge: i arrm the current owner of the property which is the subject of this application. All statements contained in the application are true and correct to the best of my knowledge. The application Is being submitted with my knowledge and consent I understand that conditions of approval. which the City and applicant have jointly agreed may rot be conpisted prior to final approval of the construction (e.g., final building permit approval) wili be incorporated Into an agreement to be executed and recorded against the property prior to issuance of any construction permits I declare under penalty of perjury under the taws of the State of Washington and the United States of America that the foregoing statement Is true and correct (state), on .cl,e- ;74- /!),74.52/AX7//// (Print Name) (Address) e22'5/jJ! (Phone Num (Signe ure) ' Use additional sneets as needed for all property owner signatures. �r�• J n, ,lT CC <4-8 IIrti nCCC_ I -0_4 --, • .nJ •"hIT Jrif JC lTf171ll.l ! E: PARCELS: • A) 1 < f 2. (B) 3 C 4 ZONING DISTRICT `1 )/ —TUC-- D EXISTING USE VAeAIJT \(.AG,QtiT VACAtJT • PROPOSED USE Cotten umgz- 12.A -IL- 6TATtolV Gowwl.t/TEIL PAUL STA -no&) PROPOSED LOT SIZE 13(O/ MO S.F. 2 95, (,? 5. F. 16,3, 22.9 S. .f. DATE OF LAST PLAT: \BY'I,€S I F. PLEASE DISCUSS HOW THE PROPOSED ACTION SATISFIES THE SHORT PLAT COMMITTEE DECISION CRITERIA (BELOW): • 1. Create legal building sites with respect to zoning and health regulations; 2. Establish access to a public road for each segregated parcel; 3. If adjacent to another municipality or King County, take into consideration the subdivision standards of that jurisdiction, as well as the requirements of this code; 4. Make adequate provision for drainageways, streets, alleys, other public ways, water supplies and sanitary wastes as deemed necessary; 5. Comply with Chapter 17.20, Design Standards for the Subdivision of Land, and Chapters 17.24 and Chapter 17.28, Minimum Standards for Residential Subdivision Design and Minimum Standards for Commercial/Industrial Subdivision Design, respectively; 6. Actions by the applicant to get a boundary line adjustment or short subdivision shall not result in the inability to derive reasonable economic use of the property or create an undevelopable lot under Section 18.45.115, unless that lot is to be dedicated for exclusive use as open space or common tract. Q kTT- SHTPLTPT. DOC 7/5/96 • • Return Address: City of Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 SHORT PLAT NUMBER CITY OF TUKWILA, WASHINGTON Grantor(s): Last Name First Name Last Name First Name Additional grantors on page _ of document. Grantee(s): The Public Assessor's Property Tax Parcel or Account Number(s): Legal Descriptions: Before the Short Subdivision: After the Short Subdivision: Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this day of ,19 Chairman, Short Subdivision Committee Page 1 of • • CITY OF TUKWILA Department of Community Development SHORT PLAT 1. The proposed action will create four legal building sites in compliance with applicable zoning and health regulations. 2. Access to 158th Ave. South and/or Strander Boulevard will be provided by means of access easements to each proposed lot. 3. •The proposed action is adjacent to the City of Renton and has taken into consideration the subdivision standards of that jurisdiction as well as the requirements of the City of Tukwila's code. 4. The proposed action has made adequate provision for drainageways, and future public streets (Strander Boulevard), no alleys are proposed. Provision has also been made for water supply and sanitary waste conveyance as necessary as part of the proposed action. 5. The proposed action is in compliance with the City of Tukwila's Design Standards for the Subdivision of Land (Chapter 17.20), and Minimum Standards for Commercial /Industrial Subdivision Design (Chapter 17.28). 6. The proposed short subdivision will not result in the inability to derive reasonable economic use of the property or create an undevelopable lot under Section 18.45.115. SIGNATURES DECLARATION: Know all men by these presents that we, the undersigned, owner(s) in fee simple of the land herein described do_hereby make a short subdivision 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 said short subdivision and the same is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we have set our hands and seals. Name: Stuart M. McLeod, Name: Robert K. White, Exec. Director Name: McLeod Development Co. as tm Name: Central Puget Sound Regional lots 1 and 4 Namc: Name: STATE OF WASHINGTON County of King On this day personally appeared before me Name: Transit Authority . as to lots 2 and 3 Name: 4.t iC, ct) h; f.e, to me known to be the individual described in and who executed the within and foregoing instrument, .,,a( '44ItmgyvIedge that Lem signed the same as�_- and voluntary act and deed, for the to M1 0d efrIN ses therein mentioned. x, ir,20844 GrfC;(ei'1 h Band and official seal this O ,„ p, r• ‘if:4 0p wPSeso STATE OF WASHINGTON County of King ,,/� On this day personally appeared before me ._ T.1 '/7- 1,/ ✓G /r'}�� - to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledge that /9 signed the same as fi free and voluntary at and deed, for the uses and purposes therein mentioned. -.- , 3&day of Signature: free a , Name as commissioned: Title: 4d/4 ,y , My appointment expires: #Vecncy a. 7-4k34i/alem SlOec, /may a q) Q7 GIVEN under. my hand and official seal this,' day of Signature: Name as commjoned: Title: My appointment expires: -Short Plat Nticnber 9/2 %ce) 2, Page . of CITY .OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 SHORT PLAT APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Department. Please contact the Department if you feel certain items are not applicable to your project and should be waived.. Application review will not begin until it is determined to be complete. The initial application . materials allow starting project review and vesting the applicant's rights. However, they in no way limit the City's ability to require additional information as needed to establish consistency with development standards. Department staff are available to answer questions about application materials at 206 - 431 -3670. RETURN THIS CHECKLIST WITH YOUR APPLICATION APPLICATION FORMS: 15Application Checklist Lid Application Form (4 copies) and $200 fee ■ ❑ Administrative Planned Residential Development application if wetlands, streaks oUhei b8ter&, ' WA or slopes over 20 %, are on site. A complete SEPA Checklist Application if project is not exempt �� !y "3 '�.- F Els` Other applicable land use applications (�Gi, 5lFI E(� _ly h M�1�%''` ""''.'; PLANS: ❑ A vicinity map showing location of the site Survey Map with original surveyor's stamp (4 copies) The survey map should be a scaled drawing on paper no smaller than 8 -1/2" by 14 ", and should include the following elements: a- Existing lot lines (dashed lines), including: • Dimensions and bearings of all existing lot lines and identification ;of, existing property corners. - - • Existing structures with addresses • Existing lot numbers or letters (e.g. Lot A or Lot 1) rVr Proposed lot lines (solid lines), including: • Dimensions and bearings of all proposed lot lines, and identification of proposed property corners • Proposed lot nurr s or letters (e.g. Lot A or Lot 1) Er Total lot or parcel sizes in square fleet a Mean lot width of all Tots Tr Dimensions of existing and proposed utilities. Utility information to also include: • Location-, size and material of utility pipes for sewer systems and location of drain field and septic systems. • For drainage systems show how water is to be retained on site or detained /conveyed off- site (wet ponds /detention facilities /percolation pits, swales and pipes) • Invert elevation of pipe(s) at proposed connection point(s) to downstream facilities. Er Existing and proposed utilities easements. Clearly identify what is proposed and what is existing. Provide documentation of existing easements. ❑ Prototypical development plan and lowest _floor elevation of each proposed structure .(Referenced to NGVD datum) to demonstrate development feasibility on the proposed lots. zr6Sr, D1 APR- Ic =A LAkq ) t�v _ L- c - fio1J5 Width and names of existing adjacent public rights -of -way. Existing and proposed access roads, access driveways, including locations, grades (slope), widths and lengths. Also include turnarounds or hammerheads (where necessary) serving the subdivision. Clearly identify what is proposed and what is existing. Provide documentation for existing easements. ❑ Location of nearest fire hydrants (with water district identification numbers shown), distance to property and any proposed hydrants or sprinkling needed for adequate fire protection. ❑ Existing trees over 4" in diameter by species. OTHER REQUIREMENTS: Er Legal Descriptions (for all existing and proposed lots) with original surveyor's stamp (4 copies). 17 ( Affidavit of Ownership Title report dated within 30 days. ❑ Sewer and water "availability letters" from Utility Districts (use City of Tukwila Water Availability f.1 Form for water availability). No� t required if served by the City of Tukwila. ❑ Copy of maintenance agreement for common utilities and access (if privately owned). Topographical plan showing existing and proposed contours at 2' intervals for sensitive areas and iJ /A their buffers (TMC 18.44). ❑ /" Any sensitive areas studies required by TMC 18.45. Proof that the original lot(s) are recognized as separate lots pursuant to the provisions of TMC Title 17 and RCW ch. 58.17. A list of any existing environmental documents known to the applicant that evaluate any aspect of the proposed project. ❑ A tree clearing plan, if required by TMC 18.54. SHTPLTPT.DOC 12/12/96 CITY OF+UKWILA Permit Center 6300 Southcenter Boulevard, Suite 100, Tukwila, WA 98188 Telephone: (206) 431 -3670 �l.ry r, . H -11 a Certificate of Water Availability PROJECT #: (Required only if outside City of Tukwila water utility district) PART A: To be completed by applicant) Site Address (Attach map and Legal Description showing hydrant location and size of main): Owner Information: Agent/Contact Person: Name: Name: Address: Address: Phone: Phone:. This certificate is for the purposes of: ❑ Residential Building Permit ❑ Preliminary Plat ❑ ❑ Commercial /Industrial Building Permit ❑ Rezone ❑ Short Subdivision Other Estimated number of service connections and meter size(s): Vehicular distance from nearest hydrant to the closest point of structure ft. Area is served by (Water utility district): Owner /Agent Signature: Date: PART B: (To be completed by water utility district) The proposed project is located within (City /County) The improvements required to upgrade the water system to bring it into compliance with the utilities' comprehensive plan or to meet the minimum flow requirements of the project before connection: i (Use separate sheet if more room is needed) Based upon the improvements listed above, water can be provided and will be available at the site with a flow of gpm at 20 psi residual for a duration of 2 hours at a velocity of fps as documented by the attached calculations. I hereby certify that the above information is true and correct. Agency /Phone By Date PART C: (To tie completed by governing jurisdiction) Water Availability: ❑ Acceptable service can be provided to this project ❑ Acceptable service cannot be provided to this project unless the improvements in item C2 are met. ❑ System isn't capable of providing service to this project. Minimum water system improvements: (At least equal to B2 above) (Use separate sheet if more room is needed) Agency /Phone By Date CITY OF TUKWILA SHORT PLAT NO. L98-0007 KING COUNTY, WASHINGTON DECLARATION 1040W ALL PEOPLE BY THESE PRESENTS that .e, the andrNan.d 9 M simple of N. Imo herein awaited do hereby mote a Mart subdivision thereof p1a.U00t to RCN 5617.060 and . 00011.49° that sal .01.4014.0 Mall not b. further 81.14.d in my manner .IMY, a Period of nr. mare from dot. o1 record. 0thrr7 the fling of a final plat. The undersigned further declare TM .hart plat to be th. graphic r pr.sentotlon a wild shat subdivision and the ..rr90,�� b made with N. fr.e eonsent and 9, oawdan.s with No desk. of alp.nr(s} W WITNESS WHEREOF we tar hand. and .mats AR 05-MORTGAGE CORPORATION 5tat. of Washington County of k NNA I certify that I know or hove aUAoetry Manes that STUART M. McLECO APPROVALS: CITY OF TUKWILA R.N...d and approved by the Stmt Subdhblan Cammht.. and n.reby o.NMd for King Mb l..f day el t"1P,R094 l00. ir- CMemrl Short Saoddagbn Committee Mated this h.trumml and oak,o.led9.d K to be (It /hr) e.a and ahmtgryhTt ha ,N0 u.a and purposes mentioned In N. h.hummt +1aS tr , r !Llltt�r►d!'. (0....1' stole a Wmhln tat ef me, N. mer.I d a Notary m, 'nWP.h 99 0 ormnb.bned end .Tom. wwwiatly •PP•arg4 �ibt ee day to me known to be the �Iiitf CA f C PWVr. V1 President and pAOFlG COAST INVESTMENT COMPANY Swamp' respectively, of foregoing Instrument and oatroN the o the that rreutsd N. vakmtry oat and deed of sold .d9.8 n, for Instrument to m N. 10 10 erpoatbn, it Ne am arM purpe..s 470., mentioned. 74 10. and m e10 stated Net rate sea to easels Ne said o pommt and Na the seat aMbed (I any) 4 iM eo'rafe reel of .ol orporaflaa DEPARTMENT OF ASSESSMENTS E.mtln.4 and app,o. d fhb _22, day of �1+ neat. 199t. Deputy Amasser Aomur,t Numb, 242304- 9034 -02 p TMx 5 pA l (COUNT RD' X1391 ''1 -- , bpO�N %i1r/ SF- 5.1t+ 650'1 \ PROPOSED SIGN EASEMENT Y1,Pa NO' E \ TO BE CREATED BY (Q� 1^F. °L'S p6,' Y`- SEPARATE. DOCUMENT �I N66 / \I I so \ 5d. . \ 1 \I RECORDING NO. 98U 3,a 9 o i 3 PORTION OF E. 1/2, S, N, 1 /4. S._ COSTING LEGAL DESORPTION 4 THAT PORTION OF COMMENT LOT a 04 RANGE 4 EAST, WY, AND 147 HENRY ME 24. DESCRIBED AS FOLLOWS 90910680 ON THE EAST UNE OF 11)0 00 RAILWAY 91041 -01 -WAY 137 FEET SOUTH MEADER D.C. 140. 461 THENCE EASTERLY AND PARALLEL TO SAE FEEL MORE OR 1E55, TO THE WEST UNE RKR4T -OF -WAY: THENCE NORTHERLY AND NORTHWESTERLY SAID WEST UNE OF TIE RIGHT -OF -WAY 9 SOUTHERLY UNE OF TIE 9041011 JUNCTO 133RD STREET): THENCE SOUTH 00'49'00' WEST ALONG SA ROAD 00.7 FEET. MORE OR LESS, TO THE MILWAUKEE AND 5T. PAUL•RA1WAY RIGHT: THENCE SOUTHERLY ALONG SAID UNE OF LESS, TO TIE BE0NNIN7 7000174 R 01114 THAT PORTION OF VACATE WHICH UPON VACATION ATTACHED TO SAE EXCEPT PORTION THEREOF CONVEYED 70 1 PRIMARY STATE HIGHWAY N0. 1. JCT. 591 BY DEED RECORDED UNDER RECORDING NO SITUATE W THE CITY OF TUKWILA. COUNTY SUBJECT TO AN EASEMENT AND THE TERM FILED UNDER AUDITOR'S FILE NO. 337025. 919JECT TO A14 EASEMENT AND THE TERM'6 FILED UNDER AUDITORS FRE NO. 3204316 SUBJECT TO AN EASEMENT AND 1HE TERM FILED UNDER RECCRDOC N0. 9404137436 SUBJECT TO THE RIGHT FOR KING COUNTY CUTS OR FILLS BY DEED FILED UNDER AUD SUBJECT TO ACCESS RESTRICTIONS TD STA UNDER AUDITORS FILE N0. 5507400. SUBJECT TO AN AGREEMENT IMPOSED BY II 9700951010 NO 9010310530. TOTAL 6,08'0716'1 R- 1921.02' .L =205.23' OUTSIDE WIRES' // �QD UNEI DIRECTOR (DISTANCE 11 N1058'15'W 37.00' 1.2 746623'08'0 8.00' 13 S3617'30'E 37.00' L4 S6623'0 'W 24.24' 15 148418'08'E 114.28' L6 1489'45'49'E 42.21' L7 SBr oO'4YW 78.99'' L8 08416'31'W 69.85' WINas m haul and efnaat srftten Mons eat hereto ywA� M end far Ste ant •t.9 at ne'u0tic o;'2 • : K1`' :4eER S4 1.•;101 uWAN, ,,, Slat. a Wwpipam_ On on. I0 Caraty a K.EAii� day of MA9c4tb 1994,., Wore me. the unamIgned, a Notary Public In and for thajthte of Watalpgey to 0000 9000,, top 9,0' Prson' y !peered -1 ,km-FY C`L.oVL M.E V T Preeb nt and NORTHWESTERN TRUST AND INVESTOR'S ADVISORY COMPANY the oapADVISORY COMPAN N.� ., 10.7 000 t0 of hre9eing Ietrummt and oakne Y °r the tee Na .sewt.0 N. • voluntary oat 0044d.ed a sad N.pOO one sate 00000 l to rp s b.. end _ corporation. tar N. and purposes therein timed, a o9, Mated that 1 ( �G ra. node to asset. N. sal eebvmmt 004 that M. sW MUM (h y) b Ne corprot ..d of wt. earparabn W7enm my ha(\d and 0000)al sea hereto affixed the 40, and 1+r first Mem .rfttan„ �,1 AIV 'IttV \M \x�� - No NaNMat My app Notry P7Mle Ip r,C !r tn. `t to p_ yr� Wo.b ,atop, 1.1481,0.7 t1R", OPPek,lnNnt rphee t o 7 EO: RECORDER'S CERTIFICATE Flied for record thle day of 19 at M In book of at page of the request of RIPHAROR KIT? Mgr. Supt. of Record. I 7h "lo CROSS MS 1 /_ WIRE \ POLES WPOWER \ .o.1007'05'\ 1,324.05' 57' 43 LOT 1 1.64 ACRES A- 02'44'10' R- 3773.49' L- 180.19' SET 301 I OFFSET 0 TOP Ce SWALEI .- 08'23'35' 1- 288.80' I SET 5' OFFSET 0 TCA.0F SWALE LOT 2 3.07 ACRES 15' DRAINAGE EASEMENT PER REC. N0. 94041314361 .- 0611'57' I R- 2428.49' I I 1- 262.75' GOVT LOT 8 TOTAL .,18'30'40 �R- 1835.00• 1- 592.85' S87'13_32'E 1 z' ■ SURVEY NOTES 1. BASIS OF BEARING AND SECTION BREAK: DOWN ARE PER A RECORD OF SURVEY A5 FMED IN BOCK 58. ON PAGE 286. UNDER REC. N0. 9712299005. 2. FIELD WORK WAS DONE IN FEBRUARY CF 1990 USING A TOPCON C75-3 TOTAL STATION IN ACCORDANCE WITH WAC 332-130. 1 THE NORTH UNE OF TIE HENRY A MEADER DONATION CLAW N0. 46 13 BASED ON A RECORD 9F SURVEY AS FILED IN 9007 10,- ON PAGE 2, UNDER REC. 140, 7707289002 4. THE SOUTH UNE OF PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 405) 6 BASED ON INFORMATION PROVIDED BY THE 01.30.0.7 SURVEY CREWS DURING IGHWAY CONSTRUCTION. 5. TIE LOCATION OF THE 990/00, MILWAUKEE AND ST. PAUL RAILWAY R1CHT OF WAY R BASED ON ▪ THE AS BUILT CENTERLINE OF TIE TRACKS. 6. THE LOCATION OF THE NORTHERN PAOFIC RAILWAY RICKY OF WAY IS BASED ON ME AS SALT 0041ERLDIE OF THE TRACKS 7. THE POWER 111E5 AS SHOWN ARE BASED ON 111E AS eau POLE AND WIRE LOCATIONS THE EXACT O LOCATION AND WIDTH OF THE POWER EASEMENT PER AUDITOR'S O LE N0. 3204387 IS UNKNOWN. \A \ °' \ -8..�1 PORTIONS OF MIS SITE ARE LOCATED 1111HIN ME 7 100 YEAR FLOOD PLAIN 20NE AH, ELEVATION 18.0 I MAY .6091 MENA 'TAP N0. 5303300978 1 DATED I A�ACCESS TO LOT 2 SHALL BE PROVIDED BY I sr-- SEPARATE DOCUMENT. 10. TIE WA1ERUNE EASEMENT PER AUD111NCS FILE M0. 337825 WAS CREATED 94 MAY OF 1905 OVER AN EN51100 WATER PIPE AT THAT TIME SOMEWHERE IN GOVERNMENT LOTS 8 AND 10. THE EASEMENT IS CURRENTLY NOT LOCATABLE I C CC z Cc W Cc 0 zlz I 111.16TH THE RECORDING OF 1415 SNORT PLAT, LOT 2 I Ot4NT5 70 LOT 1 AND ONE OTT OF TUKWILA AN EASEMENT FOR SLOPES OU15 AND FILLS FOR FUTURE PUBLIC ROADWAY. I12'.'' WITH THE RECORDING OF 7M SHORT 0RT PUT, LOT 2 4. GRANTS TO LOT 1 ANON - LOCATION SPECIFIC EASEMENT I ACROSS.107:2 TD ACCESS AND FULLY UTILIZE LOT 1 AS IF LOT 1 HAD FULL ACCESS TO A PUBUC RIGHT OF WAY. THIS EASEMENT SHALL BE REUNOUISHED UPON 740 DEDICATION AND CONSTRUCTION OF A PUBLIC RIGHT OF WAY SETTING LOT 1. I (% I • TINE- REFRY. �L7E1C6ER"D.'�.. U • I N8713.32-VI 'CI I. 6 1 �I 1 SUBDIVIDER: x.34 12 J 18 1 1 57• 43, 1 STUART M. McLEOD I 07 ' awl I 1 213 LAKE STRIEET SOUTH I m I OPMENT CO. 1 KIRKLAND, WA. 98033 50' 50.1 PHI(425) 822 -4114 LEGEND: GRAPHIC SCALE Ise • - SET REBAR k CAP W/P.LS - /18915. MARCH 1998 o- FOUND MONUMENT AS DESCRIBED (D7 saw ) 1 taob - loo Et. VOI U T.. SUBJECT TO COVENANTS, COND111ONS. AND RECORDING N0. 8601231152 SUBJECT TO AN AGREEMENT AND THE TERI FRED UNDER RECORDING N0. 9112110767. SUBJECT TO AN *08001ENT AND THE 7ERI FILED UNDER RECORDING NO. 9404131437. 13 NORTH 1/4 COR. SEC. 24-2.3-4 CALC. POSITION N PER R.O.S. BK. 58, PG. 286 w 91'40 58' - SEE NOTE' 3 to z lm YQ SOUTH 1/4 COR. SEC. 24 -23-4 CALC. POSITION PER R.O.S. BK. 58, PG. 286 N87'46'09'W 80.00' REC./MEAS. SURVEYOR'S CERTIFICATE ThIs map correctly represents o survey mode by me or under my direction In conformance With the requtrements of the Survey Recording Act at the request of...S.TUAM...M...M9 GP m...FEd......1965. Certificate No...I.6.9.1..L� n CURVE I RADIUS ,ILENGTH� DELTA 01 1921.02 103.89 03115'55' C2 1835.00' 34.49' 01'04'38' 02- 1921.02' 28.21' 0030'29' 7' 4 70.00N8' 14 REC./429'W EAS. 25 FWD. 5/8' REBARS W/ ALUM. CAPS P.L.S. #11691 PER R.O.S. BK. 58, PG. 286 EASTSIDE CONSULTANTS. INC ENGINEERS - SURVEYORS 416 RAINIER MST NORTH 008/90477 2409711057N 98027 PHONE (425)802 -6561 TAT 392 -4075 INDI TUKWILA SHORT PLA- IN THE E1/2, SW1 /4. SEC. 2 CITY OF TUKWILA. KING CC DWN BY DATE RE, 3/98 S. KITZ 2/98 CHKD BY SCALE R. KITZ 1" =100 - ...... -'141V jCE : IF DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE JUE TO THE QUALITY OF T 9?0316 1 7 3n GRAPiiC SCALE 1 IP t Imoa • W. rt •• CENIAL oat SO At.u.L.. . :---= 7, .,,r'., . - 4-1.. : eIo ". ■ A 07- 0.. . P* 7 : ., c7o.2coo - 0.40000 04 Y :-•■::) • ,/ ,3 ., 56" C0710•No.C<L,• • ENSLL■EN1 Ar 063.6.ao, ,0,1L2NRUC;(27-sks '.''''• 6 •i( ,.. to( ,R0 st *IR . '1 2'.-• ). ... 2' •.2 6—..,• a. 'll ,i•-• . 0, oa. •)v, 07.44•70* E ;...0 Y 7, , - ■! : C !ION 02.:05 ....,-,_.• w■ t 4, :0 r,,,,(j .X. -..1 ,. „' 6., ... v I I I I I I I ,711,1•7 0S.N7 ACCESS -• • 16-6' 10 , • `CO DONATOR CLAM 40.40 tic 7474ir o' uf..ADER I I I I ......... ....... - - ..... . Ra3LX000 ' 07•0720' II N . orti 7.uit:s&Ri ti5 Ci.0...■11..,c,,,,, 10 WI . n't R....0 404E0 .04 ARC: / 71FN G0 A.zS., NOT 900. 4440 ..i. BC SAVED II / , as l'i 0 - BLIA.PaG7004 00.04 11.4(01' SQ.1000 0/4 cc*. SEC. 25 ESI. PfJ1 CCRITROL SuRvEr MR 000 OR ROO:. 0400 PC.UWENTS 000000 REC. 01212299005 RA6040.440 CO'S 11.1) 444.4, 0.4f CD, TERUNC WE57INI7 7000045 OS LOCATED 1) e■ la 011 055 E :653 0405 PLC SURvt REC. 06 7,2209005 '0204004' .12101 • N7' .C.N1L1Nor S - - — 0.31 0014,12. ,0223. A 0037 CO - 107 00. --uosn.c :or Lg.( 10 INC 10040.10 •:1 A 1; 6-6' 00 0. • COnC.00:0 801314111d) 0010'....1*(SED 0301 ki 3. 1 i Tasol2CL5? I.16:,) 11\1 Cc' 00C420W/WA55 P. 2 Sit ..1T ONSRAI I 500 651 040 20 1011. EASELENTS Cf RECORD 04041 N07 30000041I:0 ON 0105 SURAT, CaSEMENTS RECORDED UNDER AP. NO'S 5017069 ANO 6155262 APE NOT LOCAT4J6LE 617040137 CRAMTEUS LOCATE 6.010 FIELD SURVEY Or 5440 LOCATE_ - vow TM- 5Cx.s1"), CCM TUturot SEC r,CP, 25 no. snr. RSEBARS CADS. 05.11691 REC. 00212299005 \ \ N4 720,57 • RCENPIC im RACE TRAC7( RECORDERS cze101]c.4011 LAAO SURVEYOR'S CEJ11761CATE 0.1 trod Vas do, of 04 04.0. ...... ....of ..... peg.. ...at 100 ,INco.owt of fICrafaD 6 .077 NA Lot CaumPaullaes torToctly '(..ant. o •ungly p en* of ...air any OlroctIon 044 00M00,n0sca .0111 0. fo,o,arnolt• of approveLat• Stat. *tow. at Lno - pt... ........ .,:ArtuNsr,912 .• „. Mgr. 5..pt o4 P•cteas cwiouot. mo :691,5 111' 7 ‘i 7 • CITY OF TUKWILA SHORT PLAT NO. L98- KING COUNTY, WASHINGTON DECLARATION APPROVALS: CITY OF TUKWILA RN.e.d and approved by the 510351440.03.. Cornett.. ad baby codified far EM this _ day of 199 Chairman. Short 5Lbdvelee Cammme DEPARTMENT OF ASSESSMENTS Combed Red approved 8.b _ day of 199 King Canty Amasser Deputy Mower Account Number 000580-0013 -03, 252304 -9005 -05 RECORDING NO. VOL/PAGE PORTION OF 5_,L.1/4, /4, S.W. 1/4 S. 24 E. 1/2, N.W. 1/4 s 25 T. 23N.. R 4E.. W.M..: KNOW ALL PEOPLE BY THESE PRESENTS that me the unde.101.4 9e.e(.) In M s3npb of tho lad herein devbd d9 hereby make ..tort e.mdeere thereof pursumt to 447 5617060 and •d nooled9• that add .l4AVide dial not be furMor deeded In any memo .8hn o period of the y.a0 ban mte of record. without the fling of o final plat. the undersigned (ostler derre This eon pat to be the armada representation of said .hart 0414.Wr and th..em b mad. with the am .o..sst end In aaaada . 5001 the desks of Re Dare(s). w ta111ESS ME74E0F ....t or hands and owe 8Y1 State of WarNpmn STUART 14aLE00 County of M0FDD DEVELOPMENT COMPANY. A WA40107ON OpOCRAII0R STIART MdEOO. PRESIDENT CENTRAL PUGET SOUND REGIONAL TRANSIT AUT ORITT 13.0 K MOLE DEc111TE DIRECTOR I oe9fy that I lows or have eebfmbry Mena that STUART M. Mat= dpn.d 9eb 4aam ..t 014 adao0l.d9.d N to be (11b/her) see and mimeo act for the Rem and porno... m99aad In the 0atnaneret State of WehngtOO Canty of On this day of 199 b.fars me. the eve indelo..d� and personally appeared the � M0600 Washington. duly to rme mess to te the Pvetldert and respectively. of the __ -_Jae that emote 901 foregoing Instrument 4. 4 . adaoo.d0sa the sad n.Wnen to be to see and voluntary cat and d.ed of add corporWa� for d th. uses a paw pa then maritime. ad an an oath stated that autharmd to ewes es 9u sdd labunent ad that 901 mai reed (3 one Is the corporate ..d of o dd ernoatb. M8...o my had and office ..d twee af0ss4 the dry and y.• tket ere metre. Notery ROM in W a State 5to of 07 .Pen0nmt were • State of Waerulptm . County. of On 9e. _ day-of 199_ before me, a Nebay Phn11W In and for the State ofWankpta. preset/ WM.., Rab.rl IL 51hN. _ preemie berm to re. (or peeved to me a th. bode of satisfactory .vdene.) to bs the person 49 mated thb esteemed. an oath stew that he ma altars emote d to emote the estra.ont red adaosieded N as the 61,.dh. ok.ae.r of CENTRAL PUCET SOUND REGIONAL TRANSIT AUTHORITY to be the free ad Muer, oat and deed of . eM marine ton for to. ..6 ad 7l07* motioned in the nternee. N 9.11053 MW. 1 he. herent9 .d my had ad official .eat the day and year toe above mdtta. ROTARY PUBUC b orb Tor M. Stab of Washington. reeding My aPponflnent mare Print 4 n. Lqq 6041 99w/a. of Notary Public Dated My apponanel apse. x/f8 INDEX LOCATION BECTI 24 • 24 T2314. RAP-. W.* LEGAL DESCRIPTION • PARCEL 0: THAT PORTON OF THE MIRY MEADER DONATION CLAW N4 46 AND OF SECTIONS 24 AND 23. TOME HP 23 NORTH. RANGE 4 FAST. LM.. N 1010 COUNTY. 3h9000T01, LITHO ME3T OF THE BUWWCTON NORTHERN RAILROAD 81141- OF -0AY, EAST OF DIE UNION PACIFIC RAILROAD RIGHT-OF-WAY. AND SOUTH Of A 1192 137 FEET SOUTH OF THE NORTH 104E C: SAID MIAMI CLAW AND NORTH OF TIE QTY OF SEATTLE B OW LAKE PREIO4E RIGHT-OF-Our TOGETHER 0114 THAT PORTOI OF THE 801RY NEARER COWER CLAN NO. 46 DESCRIBED ABOVE. BEW0450 ON 764E 2M LSE CF PRIMARY STATE HIGHWAY N0. 1 GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2)1 140 + 25.97 PONT OF TANGENCY Y 0+04 11104E NORTH 87' 0732' EAST ALONG SAD Y UNE 418.74 FEET TO WTEt301I14 WIN THE WESTERLY MARGIN OF PUGET 501110 P094R L1CHT RIGHT-OF-WAY: 1)4RCE 5011TELY ALONG THE YEMEN RIGHT-CF-WAY MARCO TO A PONT 20 FEET SOUTH OF. MEASURED AT RANT ANGLES TO 11E EASTERLY PR000OD UNE OF THE MIME DESCRIBED Y: THENCE NORTH or woe EAST 1o0 FEET TO EASTERLY MARLIN OF P UGET SOUND POWER A LIGHT R1OE -OF- -WAY TO THE PONT OF • BEGO0419 THENCE CONTO6140 NORTH 870604' EAST 124.74 FEET TO ' WrsIELY MARGIN OF WHEN PACIFIC RAILROAD mow-cc-mkt I THENCE NORTH 03'40'04• EAST ALONG THE WFSIER.7 Reiff CF WAY MARGIN TO THE Sa1TELY MARGM OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY UNE ADASTYENT NO. 51 -36 SPE RECITER/1G N4 811.1000569. THENCE SOUTH 8T 13'29' WEST 10.48 FEEL THENCE SOUTH or 28'34' EAST 10 THE PONT OF BE00110115. PARCEL 8-1: 71105E EASEMENT RIGHTS BENEFITING SAID PARCH B AS ESTABU9ED N RECORDING 114 3480349. 9003121654 9601231132 AND 9609730556 PARCEL C �l AU. THAT PORTION CF GOVERNMENT LOT 11 AND ALL THAT POR71014 OF RElMY MEADER DONATION CAW N0 46 N 714E NORTH HALF 011 THE NORTHWEST QUARTER AND THAT Pat11d1 CF 714E SOUTHEAST QUARTER OF 164E NORTHWEST QUARTER ALL SITUATED N SECTION 25. 1096199P 23 Nom. RANGE • EAST. CUR.. BOUNDED AS F0U0114 1 EASTERLY 04 THE TIE41 A LAT DRAWN 41033 PARAUEL 10 THE AID dSfML 4J FEET AND St. MEASURED AT RIGHT ANGLES 41 THE CHICAGO. 3 1 ED MILWAUKEE AND SL PAUL RAILWAY YAw TRACT CEN7EAl1NE AS LOCATED AND ON THE AST UE 164E EAST BY A I1AT DRAWN 90.35 PARALLEL 10 BUI AND N NOAH 50 FEET RA MEASURED AT PLIGHT ANGLES 0 CENTERLINE N S NOW 100*1 RAILROAD AD CONSTRUCTED: )01 OLD MAN UNE TRACK cE11Ea04E AS NOW IDEATED AND CBYA UNE ED: SO THE LY AT BY A IONS DRAWN HE SOUTH WITH AND DISTANT 330 FEET SOUTHERLY AT 11: ANDES TO 714E SDUIMI HIE OF SAID ON THE NR LOT 111• ON THE 2 00 L 764E SQU1H MARGIN OF 764E QTY ON EKED SEATTLE'S 30 077 VIDE BOW LAZE PIPELINE ORDER RIGHT-OF-WAY. C CONVENED 146. 1 114E QTY 7 SEATTLE 1 GEED THEREOF. C ED UNDER S FOLDER 644 64310671 EXCEPT THAT PORTION THEREOF. OLSOIENED AS FOUDWS BE0001040 AT A POINT ON THE SOUTH L04E OF SAID DONATION 0.AM AND THE EAST MARGIN OF THE 000AG4. 02.01444199 SL PAUL AND PACIFIC RAILROAD RIGHT-OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FELT A4540 SAID SOUTH UNE O' SAID DONATION CAM: THENCE NORTHEASTERLY MEASURED AT ROE ANTES TO SAID SOUTH LIE A DISTANCE OF 80 FEED THENCE WESTERLY PARALLEL MTH SAID SOUTH LINE TO SAD EASTERLY MARGIN OF SAID CHICAGO. MLWALINEE. St PAUL AND PACIFIC RAILROAD RIGHT-OF-WAY: 111018E SOUTHERLY MONO SAID RAILROAD RIGHT-OF-WAY TO THE PONT OF BEGINNING. SUBJECT TO A LEASE AND 164E TERMS AND 0010111010 THEREOF AS DISCLOSED BY MEMORANDUM CF LEASE FILED UNDER RETORD140 NKL 9504121230 SAID MEMORNOUM IS AN AMENDMENT OF RD:ORONO N0. 9003121636 el&ECT TO COVENANTS. CO0m01S. RESTRICTIONS. RESERVATIONS AND/CR E(CFP110NI5 CONTAINED N INSTRUMENT FRED UNDER AUDITOR'S FILE NO. 271761: SU3ECT TO AN EA541ERT. INCLUDING TENS AND PRON90NS CONTAINED TERON. N DOCUMENT FILED UNDER AUDITORS FILE N4. 3379251 (EASEMENT IS NOT LOCATABLE). SU&ECT TO AN AGREEMENT AND THE TERMS AND CONDI7)015 114EREOF AS FILED UNDER AUDITOR'S Flu NQ 3378251 RECORDER'S CERTFlCATE. Fled for record this. day of ._ 19...._at.._...M In book... -.of at page.---..-....at the request of Mgr. Supt of Records SURVEYOR'S CERTIFICATE This map correctly represents a survey made by me or under my direction b conformance with the requirements of the ��Su�r�ve�y Recordbg Act at the request ...1995.NR..JBAf/V/ t8.... SEP..T....19 89. Certificate N ? 8875 SUBJECT TO NI AGREEMENT AND THE TERMS AND CONDITONS THEREOF AS FEED UNDER AUDITOR'S FILE M4 2617644' SIB1CT TO AN EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED 1)05304. w DOCVYENT AS FRED UNDER RECOR0040 N4 740208036th 91&ECT TO AN EASEMENT. INCLUDING TERMS AND PRONRO E CONTAINED THERM N DOCUMENT AS FILED UNDER RECCRODIG N EL e3O620W76 EXCFPTOS CORD 013IRVIENT AS FED UNDER AEW0ONO N4 9010310534 SUBJECT TO AN EASEMENT. INCLUDING TERNS AND PROVISIONS COITANED 114 4. W DOCUMENT AS FRED UNDER RECORDING 644 9101231527: SAD INSTRUMENT WAS MODIFIED BY AGREEMENT FEED UNDER 92CCRD 40 04 9402011199 916ECT TO COVENANTS Wf98TON3 RESTRICTIONS RESERVATIONS AND/CM EXCEPTIONS CONTAINED W INSTRUMENT AS FILED UNDER RECORDING No. 9104100037, SUBJECT TO AN FAS9104T. MOLDING TERMS ARIL PROVISIONS C047ANED TERT/. N 00011 ENT AS FEED UNDER RECORCOIG 644 93431520521 S BELT TO AN AGREEMENT AND THE TERMS AND CONDI110NS DERBY AS FEE) UNDER RECORDING N0. 93051520551 SUBJECT ro AN ACEEE T AND THE TERMS A0 cowman TRW AS FRED VEER REDMOND N4 93031520541 S ISECT TO AN EASEMENT.' INCLUDING TEAMS AND PROVISIONS CONTAINED DEREK IN DOCUMENT AS FRED UNDER RECORDING N4 9403101159. DEJECT TO AN AGREEMENT AND 164E TEAMS AO CONOTOS THEREOF AS FRET NOEL RECORDING NO. 9403101164 SJ&ECT TO AN EASEMENT. INCLUDING TERMS AND PROVISIONS =TAPED DEAL N. N DOC TENT AS FBED UNDER RECORDING N4 94041314341 SUBJECT TO AN AGREEMENT AND TIE TERMS AND CONDITIONS THEREOF AS FILED UNDER RECORDING N4 94041314371 91&ECT TO AN AGREEMENT AND THE 10013 AND =comma THEREOF AS FRED UNDER RECORDING N4 960231152 9J&ECT TO AN EASEMENT AND COVENANTS AS FRED UNDER 60000140 94 9009130556 REJECT TO AN EA9i14941 040-00 0 TERMS AND PROVISIONS CONTAINED 1NEREN. N OCCLUDE AS FRED UNDER Au1N70R5 FILE NMI 3490349 A0 3405340; SUBJECT TO Ni EA&EMMOR. p/Q1D0R0 TEAMS AND PROVISIONS CONTAINED THEME. N 0000E(T AS FEED ODEi AUDITOR'S FOE 740.5 3032692 AND 54302371 91&= TO AN EASEMENT AND O01111010 CNTANED 110201 AS FEED UNDER AUDITORS F5E NO. 5417044 SUBJECT TO AN EASEMENT AND CONDIf10 15 CONTADIED THEREIN AS FRED UNDER AUDITOR'S FIE N0. 5927062 91&ECT TO AN EASETENT AND CONO110N5 CONTAINED 100 AS TIED UNDER AUDITOR'S FILE N4 9255262 SUBJECT TO AN (AMIDE AND CONDITIONS CONTAINED 11400)4 AS FRED UNDER MI041 'S FILE NO. 6384060; 9J&ECT 10 AN UNRECORDED AGREEMENT AND THE TERMS AND 005211043 THEREOF DATED OCTOBER 17. 1967 MIN THE tanocomLny OF SEATTLE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING N4 3304250794 9IB1CT 10 CONDOMS. C55)T545. 119011OS. RESERVATIONS BASED Of AND/OR EXCEPTIONS BUT 0101010 • CQ CREED aR NA RESTRICTIONS. 5 1064 0NTA�0E0 a'INSTRUMENT AS FEED 15401 RECIXODD N0.5 6404030400 AND 8404050906 =SECT TO THE HEMS COVENANTS. CON01110NS AND RES RIC5ON5 AS CONTAINED N LOT L04E AD)SI44OIT AS FRED UNDER RECORDING NO. 920310734 SUBJECT TO AN AGREEMENT AND THE TERMS 640 CAHDITOIS THEREOF AS FRED UNDER RECORDING N0. 92051305501 9JB.ECT TO AN EASEMENT. INCLUDING 1E1043 AND PROVISIONS CONTANED WREN. N DOCUMENT AS FRED HOER RECORDING N4 9404131457. 8.a JUN 0 8 1999 COMMUNITY DEVELOPMENT �ASTSIDE CONSULTANTS. INC, ENGINIERSAURIEYORB 418 RAWER BUM 409TH 08AOUAR IMA0I0IOTON 911022 PRONE 1412613112 PAX: 1429ISP2-4670 .46711 TUKWILA SHORT PLAT NO. L98- IN THE S.E.1 /4, SW1 /4, SEC. 24, T.23N., R.4E., & THE E.1/2, NW1 /4, SEC. 26, T.23N., R.4E.. W.M. CITY OF TUKWILA, KING COUNTY WASHINGTON DEN BY - DATE JOB N0. S. KITZ 9/98 98150 CHKD BY SCALE SHEET R. KITZ N/A 1 OF 3 1 �.J LMRIWEY NOTE& 1. MIS 9101T PLAT SURVEY COVERS PARCELS B AND 1 DESCRIBED N MIST AMERICAN TIRE INSURANCE COMPARES POLICY N0. 37 7122 -9( DATED JUNE 38. 1998. 7. 114E EASING ROAD CROSSING OVER THE UNION RAMC RAILROAD 1S A PRIVATE CROSSING ALLOWED BY AGREEMENT WITH 11E RM.R0AD. DOS AGREEMENT IS NTH THE 90ED0 GROUP. 010. AND THE RIGHTS ARE NOT TRANSFERABLE NO DOCUMENTATION HAS GED1 PROVIDED TO SHOW THAT LEGAL ACCESS 570813 KIRIN THE 1ERYO60 OF THE RIGHT OF WAY FGR STNAMFD BLV0. AND DE MT NOR OF WAY MARGIN OF THE UMW PACIFIC RABROAD. 2. A FOX RAMEY WAS PERFORMED AT VARIOUS TOES MIMED JANUARY OF 1090 AND SEPTEMBER OF 1098 U5a10 CLOSED TRAVERSE MEDICOS 91 ACCORDANCE TITH W.A.C. 332 -130. THE FOLLOWING DISTRUMEN13 WERE USED: 10054 913-2 6 SF7C00 TOTAL STATION 8. 10PC04 GT5-3 10 SECOND TOTAL STATION LE1'2 SET 2C 1 SECOND TOTAL STATER PENTAK PTS-V3 3 SECOND TOTAL STATION. a 3. BASS 0" BEARINGS AND SECTION BREAKDOWN ARE PER A CONROL SURVEY DONE FILL THE CITY OF RENT01 BY TARGET 91RVETCRS. PIC AS RECAP= IN BOO( 50 OF SURVEYS 011 PAM 200 UNDER RECORDING N0. 6712299000. 10. 4. THE NORM UNE OF THE 1ENRY A. MEAGER 001ATION CLAM N0. 46 5 BASED 01 A RECORD OF SURVEY BY HUGH a 00131911114 AND ASSOC.. O1C. AS RECORDED IN BOOK 10 OF 11. SURVEY" ON PAGE 2 UNDER RECORDING N0. 77072289002. 5 TIE SOUTH LNE OF THE HENRY A MEADER DONATION CUBA N0. 49 a BASED ON A REIERD OF SURVEY BY OD.S:Y AND HAM, 01C AS RECORDED IN BOO( 4 OF SURVEYS ON PAGE 46 ISOM RECORDING N0. 7503050469. 6. THE METRO SEWER EASEMENT RESORBED UNDER A.F. 110. 6255262 IS LOCATED APPROXIMATELY 22' FARTHER TO TIE MAN THAN SHOW. THE £4304 4T AS SNOW WAS AD.AI0TED TO FIT TIE AS BUILT LOCATION OF THE 36' PPE ACROSS THE SITE Warr_ _1G03707T• _ 206217 WEST 1/4 OWL SEC 25 -23-4 CALL. POSITION PER 80.3. BK. 58. P0. 206 AGREEMENT FOR WATER ERR. (101 a 20') PER REC. N0. 6404131437 (EARNEST DOCAENT NOT PROVIDED) 35 ERR. FOR ROAD, ACCESS, AND STORM DRAW ACROSS PPEUNE PER REC. N0. 9305182053 SEE SHEET 3 LOT 3 PA ft' C 10' WATER EDO. PER EEC N0. 9305182052 12 POTIONS OF Ma STE ARE LOCATED WWI THE 100 YEAR FL000 RAW NNE AL ELEVATION 18.0 MO. PFR FEIA NAP 110. 330380978 F DATED MY 10. 1995. NO RECORDED EA5 4917 DOCUMENT HAS BEEN PROVIDED Pat THE SEVER UNE 10041ED BEI0ED1 THE 9091 LAKE PIPELINE AND THE EAR16)4T PER AS. N0. 9255262 THE WATERLME EASEMENT PER AUOI0R5 FILE N0. 337025 WAS CREATED IN MY OF 1905 OVER AN EIISTINO WATER PPE AT THAT TOTE SOMEWHERE IN cowman LUIS 8 AND 10. THE EASE110N IB 0 RE:DIRT NOT LOCATABLE THE LOCATION OF THE SEATRE WATER DEPARTMENT BOW LAZE PIPELINE (GRPL #4)10 BASED ON FIELD TES BY EASI50E C019RTANT4 INC. AND SURVEY OFWWA11O1 PROVIDED BY THE WATER DEPARTMENT PER P1E3 8001( NO. 901. PAGES 45-52 ACMES TO AND TROUGH PARCELS m GRANTED PER DOCUMENTS FILED 10S550 AUDITOR'S FOE NOS 3400344 3485344 3932092. 5430287, RECORDING NO'S 8402121654 9001231152 AND 9609130558. THE EXACT LOCATION OF ME ACCESS EASEH0(1S PER ORIGINAL DEEDS 51 NOT LOCATABLE AND ASSUMED 10 BE THE ERDMSON OF THE MON6E11TED CRITE%DE OF SE. 155114 ST. (RICA 1DN6AGRES WAY). NO RECORDED DOCUMENTATION HAS EON PROW/EDT) SNOW ACCESS ACROSS THE CHICAGO. MLWAIAEE AND ST. PAUL RADJAY (UNION PACUIC RAILROAD) RIGHT OF WAY. 8011 LAKE PF0340 (CRP. #4) PER SEATTLE ENGR. DEPT. SEE 1401E 11 15',P,hl +s 901 FAINT.- FOR ROAD. ACCESS. AND STORM DRAW ACROSS PPEIDNE PER REC.. N0. 9305182053 8821' PER SED BR 851 PG. 50 0 RD) RE NOTE 11 SANITARY SEINER EASEMENT (101 s 30') REC. NO. 7402080365 860545 ) 139154541 851) 80' WATER PIPELINE 10' WATER MLR. PER N0. 9305182052 N571S3Yw 73.15' 1101111116311 CC 4L SEC. 25-23 -4 '4 CAL0. P09710N PER R0.9. BK. 54 Pa 288 WEST V ALLEY W wawa DEAD a TACK STA 21 140+25.97 STA Y 0+00 921.21'54'E 2501 - - MONUMBREO Y LONE GRAPHIC SCALE e m (00 1+ ) 1 mob - 100 R SEE MEET 1 FOR EXISTING LEGAL DESCRIPTIONS LEGEND: • - SET REEWR a CAP FD. W.S.24 , 14/P.L.S. /19915 MON IN CASE NELSON PL P.S.P_a L END 50. 1581)4 sr BEGIN LOMB ACRES EASEMENT' 10' Slae1 DRAIN ERR. PER REF NOS 910231 a 9403101159 (11) I (3r _ _ _ - - - -I- - - - 10' ACCESS a 011I11Y EAR. UNION PACIFIC R/R (C AGO, NIL WAUKET 887. PABL 5/R) ---- LTE 15 ACCESS a UTILITY ERR. - �- �II PER REC. NO. 9404131434 SET 301 ACCESS ROAD IS A PORTION OF L0T'2 AREA -0.11 ACRES) ��.. . w 01@ NORTH 10' FAME PER REC NO. OF LO0776 OVER NGRM 101 AND THE SO1T1 10' OF LaGAGRE4 WAY OF 'DE UP.R/R I • 101 COM1101 U161TY ERR. _ ofd' REC. N0. 8404131435 401 67 - -r -- _(c_iEc31 04 - SET T4( NAL a WASHER W/P.L.S. pans • - F0. 4408UMENT AS DESCRBED WIE TABLE NIti> LFWUfafi 9'.(JA•�i!:�L'4iPZSP1 RILANI tiryE_AtFf LOT 2 295,875 50. FT. 6.79 ACRES PARCEL B LONOACRER WAY - MONUMENIED C SO. 158114 SL' Y UNE - NEW WI UNE 17.550: (1) 301 CFPSEI _ 201 ACCESS a inure _ is 5A17. PER REC../40. .9609130558 . N021726'�E 97807 • - - 8IJRLIN�TON NORTHERN _Mummy 31� R/R �4 NORTHERN PACIFIC R/R) NORTHERN PAaFiC RR. LOT 1 138,240 50. FT.' 3.13 ACRES (EAST OF U.P.R/R) 35' ROADWAY,F94T. PER A.F. NOS 3832692 22' ACCESS a UTUTY 5430287 SEE NOTE 12 EMT. PER REC NO. 7.50' .8609135056 10' TEMP. 0440 . MR. PER REC. 9101231527 P610. INC. MON. W/BRA3S PIN DYU. 2' SET Hal' ON SURFACE SED 851 P0.30 CENTER 1/4 CDR. SEC 25 -23-4 CAF POSITION PER R.O.S. BK 34 P0. FTC. 5/8' REBARS w/ ALUM. CAPS P.L.S. /11891 -SOB CEN1ERUNE PER RC3. 84. 54 PO. 266 SECTION 25 NOIlfWE 235175 N87'48'09'W 80.00' REC/14EAS SOUTH 1/4 COR RC 24 -23-4 CAL0. P09100 PER R.O.S. 34 PC 260 %/ 1260.45' SEE NOTE 4 7000' REC./MEAS. , ,._5.5.5 Y,. , D T !ON CLAIM S STO- RM DRAIN EMT. PER REF N05.8101221527 6403101138 M 137T41743'E f rS ' -�V - - LOT S. ..98 -000 T 7r aPFTNETV ly 2.. J1' 10P W SWALE STORM DRAW ENT. PER REC. NOS 91 01 2315 27 a 6403101159 (`2l TOE OF 5WALE RECORDER'S CER11F1CATE Fled for record this. day of 19 at M In book of at page. at the request of R( : EM17 Mgr. Supt. of Records SURVEYOR'S CER11RCAIE This map correctly represents a survey made by me cc under my direction In conformance with the requirements of the��Su�rv�ey Recording Act at the request of...,SOUNR..SNAtai Certificate ^COCIVCD JUN 0 81999 DEVELOPMENT �ASTSIDE CONSULTANTS, INC, fl 088 sta "Amp BLVQ NOWT, 0E1460U1114, 14A/002107011 96027 FAR: 11 92.4878 NORM 1/4 CDR SEC 24 -23-4 91'40'S!r S CALL P091104 SE? 1E EG 961 9, 5. P FEB 34 268 328829' 3 TUKWILA SHORT PLAT NO. L98- IN THE S.E.1/4, SW1/4, SEC. 24. T.23N., R.4E., & THE E.1/2, NW1 /4, SEC. 26, T.23N., R.4E., W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON DYER BY DATE JOB NO. REM. 10/w8 S. KITZ 9/98 98150 CHKD BY SCALE SHEET R. KITZ 1'6100' 2 of 3 GRAPHIC SCALE (IN 9T) 1 bah - 100 ft SEE SHEET 1 FOR ammo LEGAL DESCRIPTIONS SEE SHEET 2 FOR SURVEY NOTES ev L£CEIQ • - SET MBAR A CAP W/P.LS. 416915 m - SET tx NAIL • WASHER W/P.LS. 06915 •- R0. MONUMENT AS DESCRIBED SET IR & CAP 15'0/S ON P PROOUC D UNION PACIFIC R/R ICIBCAGO. MILWAUKEE & ST. PAb $. _2. 2602.12' wEST EY HY� - -• ( �,I� r I ,. = NOTE ACCESS TO Lots • 91. 3 AND 4 eO1 BE PROVIDED ` I BY SEPARATE DOCUMENT (ALSO SEE NOTE 7) - �30'I30 L.- 0ISCAGO. MLWAUKEE AND ST. PAUL -- r RALWAT MAIN TRACE AS LOCATED 1 -30-90 I P.S.P. & L 6.032410' ! - 1,4406.06' AT GRADE SIGNALED CROSSING SEE NOTE M I 10' NE1R0 SEINER 6.0'0'30'14' mfr. PER AF./6384960 6.00341. SSE NOTE 6 00' R- 6637.00• 107.60 r SEE NO AGREEMENT RIR WATER EMT. (10' x 20') PER REC. Na 9404131437 (EAT ISNT_ DOCUMENT NOT PROMO)) 420. MITIGATED EDGE OF WRAPS) PER ANENT WITH THE 013 OF 1U890.0 MITIGATED WETLAND AREA 123,252 50. FT. 2.83 ACRES BURLINGTON NORTHERN R/R (NORTHERN PACIFIC RAU SET • RCM 15'0/8 OM R PRODUCED CENTER 1/4 CDR. SEC. 25-23-4 CALL. POSITION PER R.O.S. BK. 56. P0. 288 X4.84•.. 4' IEIRO SEER- 13CY 6.02.05'44' m* PER AR/6384960i 1-4537.00' SEE NOTE 6 1.250.07 60 ROAD RESERVATION PER RED. NO.3 9203161730 • 9404131437 1 LOT4 y TOTAL. AREA 4 243.818 SO. FT. 5.59 ACRES AREA NORTH OF WETLAND I 120,388 50. FT. 2.78 ACRES BURLINGTON NORTHERN RAILROAD CO.'S OLD MAW UNNE CENIERIDIE VE31F%Y TRACES AS LOCATE) 1 -31 -90 100' RIGHT OF WAY PER 0® A.F. Na 271781 MIT SUB STA 50' Y) • /L FENCE - - - - -- ENaDSURE 30' E0MT.,4014 ROAD. ACCESS, AND STORY DRAIN ACROSS PIPELINE PER REC. Na 9305152053 SEVER LDE SEE NOTE 9 PARCEL C 2 LOT 3 10' WATER ESVl. PER I 183,229 50. FT. RDC Ha 9305162052 3.75 ACRES. III --�-, . 00. 3417043 PER In 10' METRO EMIT. PER A$48394960 SEE NOTE 6 530.03 B0' ESMT. FOR ROAD. ACS AND sE081 CRAW ACROSS PIPELINE PEA REC. Na 9305182053 30' 06. PPE LINE EMIT. PER A.S. 000 5927062 • 6255972 (.Ifl •..._.... .. ,4. ..._A L.._.. .....:' U. T .. .. r ..._ �. :. . 132989' NORTH -SOUTH CENTERLINE 7QS7'7� SECTION 25 1. X80 WATER PPEWE - - -- `� =' SANITARY SEER EASEMENT (10' s 301 REC. Na 7402080365 1910'45'(SED 851) 10' WATER EMT. PER N0. 0305162052 LOT 2 PARCEL .. SAO' 7671155'' x'2 FIELD SURVEY LOCATION - NORTHERN PACIFIC RR. PN0. CONE 14O4. W/BRASS POI OWN 2' SET 149T a SURFACE SED 031 P050 FN0. 3/0• RFDARS W/ AL1DL CAPS PIS 01091 PER R.O.S. 9L 54 Pa 259 CO W 60.ao' REC/11F-44. HORN 1/4 CDR. SEC. 25 -21-4 MC. POSITION PER R.OS rBIC 34 Pa 226 4'29'2 70.00' REC/ME/S. RECORDER'S CERTIFICATE Filed for record this. day of 19 -.at --IA In book__...... of at page. at the request of R( :iA 4 ICZ Mgr. _ Supt. of Records SURVEYOR'S CERTIFICATE Thh map correctly represents a survey mode by me a under my direction 61 conformance With the requirements of the Surveyy Recording Act at the request ot..SRUND..IR6NSUI._.. .. In- SERI -199a Certificate No. A. JUN 0 8 1999 COMMUNITY DEVELOPMENT ASTSIDE CONSULTANTS, INC. WalmTSawveYDEe 419 RANEL BLVD. 640676 Ii2A00A1t 9IAQIWIIB706 =COO FAX, 292@.6561 FAX, 14291393-0676 ntt.t1 V tU TUKWILA SHORT PLAT NO. L98- IN THE S.E.1 /4, SW1 /4, SEC. 24, T.23N., R.4E, & THE E.1/2, NW1 /4, SEC. 25, T.23N., R.4E., W.NL CITY OF TUKWILA, KING COUNTY., WASHINGTON D WN BY S. KITZ DATE Rev. 10/98 9/98 JOB NO. 98150 CHKD BY R. KITZ SCALE rs100' SHEET 3 OF 3 CITY OF TUKWILA SHORT PLAT NO. L98- KING COUNTY, WASHINGTON DECLARATION 4040W ALL PEOPLE BY THESE PRESENTS that M SIN udmIgned a.na(.) In M simple of Om tad herein d.vbd de hereby male a dart a36ktl.n thereof punment to RCN 30.17.000 and acknowledge that .old a36Nala, .hag not be further divided In any mover .M9. a period of M. mare from dote of record, .tout the fling of a 19d plat. Tee admigned Tether declare We .hart plat to be the graphic representation of odd Mart .u06rb1• and the wane Pe made NO the Ise cavern and n accordance. Nth the deer. of the paler(.). IN EMESS %HEREOF 0o .et our hand. and treater )1Y STUART MclF00 94CEO) OEVEl.OPYE1T COMPANY. A WASHINGTON CORPORAT1Oh STUART 40E00. PRESIDENT CORRAL PUGET SOUND REGIONAL TRANSIT unmoor* ROBERT 0. SMITE. F1 I110( DIRECTOR APPRO S: CITY OF TU ILA RM.md end approve the 9363.. Com.mittee and hereby *M5E.d for NO day 00 State of Waelnato6 Canty of 1 certify that I laaw o haw START M. MaEE00 eMaaa. that elg reed 9w Yebanent end ...... .. . N to be Obi/MN tree ad voluntary oat for the Nov ad . .. .....d n the Instrument Stab a Wu dIgt. Canty d De We day of 199_- before aommw. undmIgned. a Notary ROM pp19o.. y moored STUTUART�90EODW�nvfaV duly to me lateral to be the Present and respeatlwlx of 9w .araeralian that ma,tea the foregoing Iuhumart and ado.0edged the .mid Instrument m be t. free and .. eabmtay oat and elm.d of add oapa.tlaV for the Isom and pupaue therm mentioned, ad 'an cloth dated that _authorised to 0.0010 t. odd 9oWnart and that t. .d edited (If ..y) le the ampmab red of add corporation. Mice my head and .004* seal hereto &Ldd t. day Ea mar h8. mew setttn. stab of 111eshng9n Canty. of Notary P8IN n and for t. Stab of WaA9gtaV r..idIng at MY Noebtr 8.t =p39 Natery Dated MY d 199_ Or 91b _ day 109 before Public In and for the Stab of Washington, per.andy Robert IL Wp0t. _ per..n0Dy 1ad.n b m. (or bads of setbfaatary seldom.) to be the perean on oath Noted that he me autwbd to adno.bdgd It as the F_,,..__._ Gtr*0 of REGIONAL TRANSIT AUTHORITY to be t. 9.. .m mpaatIn ter t. we. end purposes m IN WTNES4 THFAE6. I have 9re day and year feet above watt. 18 BOER LOCATION SECS 24 & 21. T.23FL, RAE. W Y. me on the w. Mb comae 9lsbunent and PUGET SOUND ,a mtery ant ard deed of n the 91.Uan.9. set my had and .1001* seal r• ART PUBLIC n cad far the Serb w 9rglbn. melding at My app.Mmnt mesa Pant None DEPART." T OF ASS - MENTS E,unned and .. . . thle day 01 Mq Canty Assessor Mindy Aseeseor Amount Number g�[yy is 87 199 3 -03, 252304- 9006 -05 RECORDING NO. VOL/PAGE PORTION OF S.E. 1/4, S•W- 1/4, S. 24 E. 1/2, N.W.1 /4 S 25 T. 23N. R 4E.. W.M. THAT PORTION OF TEE HOMY MEATIER D0NAIIGN1 CLAM N0. 40 AND 6 SECTIONS 24 AND 23, TOMI9OP 23 NORM RANGE 4 EAST, WE. IN KING COUNTY. KASHINGT L I.YRNG NEST OF THE 1198190TO1 49061) 9 RAILROAD WONT -CF -WAY. EAST OF THE UNION PACIFIC RAILROAD 102147-0E-WAY, AND 501114 OF A 090 137 FEET SCUM OF TIE NOR111 UNE OF SAID DONATION CLAW AND NORTH OF THE CITY OF 53311E BOW LAID FW OiNE R10147-OF -WAY; TOOTER NTH THAT PORTION OF THE HOMY MEAGER DONATION CLAD/ N0. 46 DESCRIBED ABOVE BECOMING ON THE 31 UD1E OF PRIMARY STATE MOM N0. 1 OEM OVER 50)EREHANGE AT HIGHWAY 0140N iRI1G STATION 2M 149 + 25.97 POINT OF TANGENCY 'Y 0T THENCE TERM BT OT32" FAST ALONG SAID Y LDE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN 6 PUGET SOUND POWER ! UGHT RIOR -OF -WAY: THEME MUMMY ALONG THE WESTERLY RENT-CF-WAY MARGIN TO A PONT 20 FEET SOUTH OF. MEASURED AT RIOT ANGLES TO TIE EASTERLY PRODUCED U E OF TIE ABOVE DESCRIED Y; THENCE NORTH 0? o0'O4 FAST 100 FEET TO EASTERLY MANN OF PUGET SOUND PO!'R ! LIGHT PINT-OF -WAY TO THE POINT of BEG90DNO 1HEICE CONLNUD40 NORTH 070804' EAST 124.74 FEET TO WESTERLY MARGIN OF UNION PACIFIC RAIROAD RIGHT -OF -WAY: THENCE MONTH 03'4004' EAST NONG THE 8ESIEILY RIOT 6 WAY MARGIN TO TIE SOUTHERLY MARGIN OF LOT 1 OF THE CITY W 'O NA BOUNDARY LINE ADJUSTMENT NO. 01 -30 SPE RECORDING NO. 81/10903e% THENCE SOUTH 83' 1229' WEST 127.43 FERN THENCE SOUTH N' 20x' EAST TO 1HE POINT OF BEGINNING. PARCEL 0-L 1HU19E (00804T RIOTS BEIEPT 10 SAID PARCEL B AS ESTABLISHED IN RECORDING NO. 3480340, 9003121054 9001231152 AND 9000130556 PARCEL 0 AU. THAT PORTION Or GOVERIOIE T LOT 11 AND ALL TUT PORTION OF HENRY LEADER Dau1IGN CLAM N0. 40 IN THE NORTH HALF OF THE NORTHWEST QUARTER AND THAT POTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST WARIER ALL SITUATED IN SECTION 25, TOLN9OP 23 NORTH RANGE 4 EAST =AL. BOUNDED AS POND= ON THE VEST D7 A LNE DRAWN PARALLEL NTH AND DISTANT 43 FEET EASTERLY AT RIGHT ANGLES TO THE CHICAGO. IEWAUL01 AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND OINSTRU4TFD; ON 10 EAST BY A ULE D1001 PARALLEL VIM AND INSTANT 50 FEET RAILROAD MEASURED AT RIGHT ANGLES TO BURLWOTO1 NORTON RAILROAD COMPANYS OD MAO LINE TRACK CORTE E AS NOW LOCATED AND CONSTRUCTED: ON THE SOUTH BY A LINE DRAM PARALLEL RIM APO DISTANT 330 FLIT SOUTHERLY AT RIGHT ANGLES TO THE SWTH UNE OF SAD GOVIRMIEN LOT 11• ON THE TERM BY THE SOUTH MARGN Or THE CRY 6 9100' SEATLES 30 FOOT TOE BOW LAME PPS= RIGHT-OF-WAY. AS CONVEYED TO TE 011 6 SEATTLE BY 1H ROOMED UNDER RECORDING N0. 4131087; N OM THAT PORTION THBETF. DESK AS FOLLOWS BEESOIN° AT A PONT ON THE SOUTH IDE OF SAID DONATION CAW AND THE EAST MAROW OF THE CHICAGO. MILWAUKEE ST. PAUL AND P40900 RAILROAD RIONT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONO SAO SOUTH L8E OF SAID D0UTON CLADS THENCE NORINEASIELY MEASURED AT RIGHT ANGLES TO SAID SOUTH UNE A DISTANCE OF 60 00011 THENCE 6E41F%Y PARALLEL MN SAID SCUT/ UDE 1D SAID EASTERLY MARGIN 6 SAID OOCAW. MEWAUIOLE 5T. PAUL AND PAOFIC RAILROAD RIGHT -6 -WAY THENCE SOU1NERL1 ALOE SAD RAILROAD 16017-0E-WAY TO THE PONT 6 BEE NNOG ABJECT TO A LEASE AND ME TERMS AND CONDOMS T ERE6 AS BY MENCRANWY 6 LEASE ELED UNDER ROOTING N0. 1212391 SAID 94000Rt*I9UM 6 AN AMENDMENT 6 RECORDING N0. 9002121050. SUBJECT TO COVFNANi4 CONOfW1S. RESTRICTION. RESERVATION AND/OR EXCEPTIONS CONTAINED IN INSTRUMENT FLED UNDER AUDITOR'S FILE N0. 271781: 'SUBJECT ro AN EASEMENT. INCLUDING 1833 AND PROVISOS CONTAINED THEREIN. N DOCUMENT FLED UNDIIt AUOR0R5 FILE N0. 337•751 (EASEMENT 13 NOT LOCATABLE). "�UB.ECT ro AN AGRFFNER AID TE TENS AND comma TEES AS FLED UNDER AUDITOR'S FIE N0. 337824 RECORDER Fled for record this. book of.... R( A wrn. Mgr. of ...... 19.__.at.._...M h, e. -at the request of This map me or under my requirements of the Su request ot...10..UNR..7RAH In...SEP.S...199a is a survey made by conformance With the Recording Act at the Supt of kttrGNCD JUN 0 81999 DEVELOPMENT EASTSIDE CONSULTANTS, INC., B� 415 WAWA WL1D. NONTN 91188UOIEO8 11. WASHINGTON •6189 f1027 SUBJECT TO AN AGREEMENT AND THE 18013 AND comma 11ERE6 , AS FLED UNDER AUDITOR'S FILE N0. 263/040;' TO AN EASEMENT, INCLUDING TERMS AND PROMO= NNED TEEIN, IN DOG01ENT AS FILED UNDER RECORDING N0. '74020803659 ✓-o70.ECT TO AN EA381ENT. IN0NOO40 TERMS AND PROV190NS CONTAINED TERON, DI DOCUMENT AS FLED UNDER RECORDING N0. 830829077M 91B,ECE 10 COVENANTS. COEDITING. . RESTRICTIONS, RESERVATIONS AND/OR INCEPTIONS � w RSIRUMENT AS TEED UNDER I�� 91MECT TO AN EA.SFNENT. INCLUDED TERMS AND PROVISIONS AIED TIERED IN 000.59 NT AS FRED UNDER RECORDING N0. 01231527. SAD INSTRUMENT WAS MODIFIED BY AONEELRDIT FILED UNDER `AND N0. 9402011109• SUBJECT TO COVENANTS, COMMONS. RESIRICTOIS. RESERVATIONS AND/OR EXCEPRCNS CONTAINED IN INSTRUMENT AS FILED UNDER NEC01DM9 NO. 8404100937; SUBJECT TO AN EASEE'NT. INCLUDING TERMS AND PRO9IDO/5 ✓o 1103400 THERM 04 00CUME T AS FLED UNDER NE100080 N0. �'.9933061020S2 4/4" 91B,ECT TO AN ACREE11ENT AND THE TERMS AND CONDITIONS THEREOF AS FILED UNDER RECORDING N0. 9305182053; ASUBJECT TO AN AGREEMENT AND THE TERMS AND WNDIMON3 THEREOF AS RUED UNDER RECORD= N0. 93031010041 • SELECT TO AN EASEMENT. INCLIIOBIO 10895 AND PROW901S �O11TTAO® 11EEDH IN DOCUMENT AS FRIED UWER RECORDING N0. `�•44W101139: a91B,ECT TO AN AQED999T AND NNE TERMS N0 CpIDTaNS TAU FLED UNDER RECORDING N0. 94031011091 SUBJECT TO AN EASEMENT, INC1D010 TERMS AND PROVISIONS ��OITAO® THEREIN. 01 DECO/ NT AS FLED UNDER RECORDING 9404131434E ro AN AGROGIENT AND THE 1FRY3 AND COO1TOtS AS FLED UNDER RE'COItDI90 10. 0 404131437• jJO1C' -T 10 AN .k.EYE8T AND THE RHIN NO CONDITION THEREOF AS FLED UNDER RECORDING N0. 900231152 .111A 94041314 3~ ro AN EASEMENT AND COVENANTS AS FLED UNDER N0. 04091305EN SELECT TO AN EASEMENT INCLUDING TERMS AND PROVISIONS CCgqNNTTAMED TEEIN. IN DOCUMENT AS FILED UNDER AUDITORS F0E ✓110-5 3480340 AND 3485349 SUBJECT TO AN EASEMENT. INCLUDING TERMS AND PROVISIONS ATIFN4!TTAOFD TEEN. IN DOCUMENT AS FRED UNDER AUDITORS FILE N.110.0 3832892 AND 5430707; �,ECi TO AN EASEMENT AND 00013049 CONTAINED THEREIN AS KILED UNDER AUDITORS FILE N0. 3417049 SUBJECT TO AN EASEENT AND COMMONS CONTAINED TTERON AS v0I0 3 UNDER 991(91ars FRE N0. 5927002: S�,ECT TO AN EASEMENT AND CONIIOS O OOITADED THERE. AS "ilID ORDER A1O7oR'S FILE N0. 0255262 99.Ef.T TO AN EASEMENT AND CONDITIONS CONTAINED THEEON AS VFEED OOEN A DITOt•S FIE N0. 0384804 ABJECT TO AN UNRECORDED AGREEMENT AND THE TERMS AND CONDITIONS THEEOF DATED OCTOBER 17, 1967 MIN THE MUNQPAUTY 6 SEATTLE. AS DISEASED BY INSTRUMENT RECORDED UNDER 1-11rEC0090 N0. 8304230799 9S,ECT TO CONDONES. COMMON, RESTRICTIONS. RESERVATIONS AND/OR EXCEPTION BUT 06TTG1G 9FSTRICTION16 P ANY. BASED ON RAL�, COOL CRIED OR NAT INSTRUMENT CREW CENTANO 0INSTRUMENT -'104 FAFD UNDER RECpW1G NO.'S 8404050908 AND 8404050909 =BEET TO THE TERMS. COVENANTS. CONDITIONS AND RESTRICTIONS AS „CONTAINED IN LOT LINE ADJUSTMENT AS FEED UNDER RECORDING N0. .9203101730 9�,ECi TO AN AGREEMENT AID 311E TEES AND CODFTON3 T9RE6 t-0 *819 GOER RECORDINO 00 9205130550; SUBJECT TO AN EASEMENT. INCLUDING TERMS AND P0099ONS ARCED THOME N DOCUMENT AS FLED UNDER RECORDING NO. 131437. w (3 TUKWILA SHORT PLAT NO. L98 -, ?r IN THE S.E.1 /4. SW1/4, SEC. 24, T.2314., Ft. & THE E.1/2, NW1 /4, SEC. 25, T.2311., R.4E.. W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON OWN BY DATE J08 NO. S. KITZ CHKO BY 9/98 SCALE N A 98150 SHEET OF 3 SURVEY NOTE 1. Ues SHORT PLAT SURVEY COVERS PARCELS 9 AND C DESCRIBED N FIRST AMERICAN TIRE 91005414 E COI/AWES POLICY N0. 377122 -511 DATED NNE 30. 1906 2. A FIELD 9MIE7 WAS PERFORMED AT VARIOUS DIES 8019001 JANUARY OF 1900 AND SEP1E®ER OF 1998 U5910 CLOSED TRAVERSE MEDICOS 01 ACCORDANCE MIN W.A.C. 332 -130 THE FOL0111110 NSIRUIW17IS MME USED: TOPCON 015-2 6 SECOND TOTAL STATION TOPCOI4 OIS-3 10 SECOND TOTAL STATION 1.1E12 SET 2C 1 SECOND TOTAL STATION POITA% PIS-V3 3 SECOND TOTAL STATION. 3. BASS 6 BEARINGS A11D SECTION B ENmOSE ARE PER A CARROT. SURVEY 001E FOR THE CITY OF RFNTON BY TARGET SURVEYORS. INC. AS 1100300110 N BOOK 5e OF 9URVEYS ON PAGE 200 UNDER RECORDING NO. 0712299005. 4. THE NORTH LINE OF THE HENRY A MEADER DONATION CLAN N0. 46 6 BASED ON A RECORD OF SURVEY BY RUCH 0. BOOK 10 OF OCED90114 MID SURVEYS E PAREUtDER 0 Na 9177 6 THE SOUTH LEE OF THE HENRY A MEADER DONATION CLAW N0. 48 D BASED ON A RECORD OF SURVEY BY WILSEY AND HAM. N0. AS RECORDED N BOOK 4 OF SURVEYS ON PAGE 40 WIDER RECORDING N0. 7503053066 6. 114E METRO 1E8ER EASEMENT DESCRIBED UNDER AF EL 8255102 R LOCATED APPROXIMATELY 22' FARTHER TO THE SOUTH THAN SHOVE 191E EASE/1D T AS 9401161 WAS ADJUSTED 10 FIT THE AS BUILT LOCATION OF 114E 36' PPE ACROSS THE SITE NOOS9'LTE 2562.12' VEST 1/4 CCP. SEC 23-4 CALL. POSITION PER R.O.S. BK. 55 PG. IBS AGREEMENT FOR WATER 6717. (10' 6 20') PER REC. NIX 9404131437 T DOCUMENT T NOT PROVIDED) :3O F5RT. FOR ROAD. ACCESS. AND STOW DRAIN ACROSS PPFIDE PER REC. N0. 0305162053 LOT 3 SEE SHEET 3 PARCEL 10' WAVER ESMT. PER REC. N0. 9305182052 +0E.E31ME.FOR ROAD. ACCESS AND STORM DRAM ACROSS PIPELINE PER RE. N0. 9305181053 7. THE 0X01510 ROAD CROSSN0 OVER THE UNION PACIFIC RA5ROAD 13 A PI1VATE CR055040 ALLOWED BY AUNT MTH THE RELR0A0. 7105 AGREEMENT 6 MIN 114E YaIEW GROUP, INC. 4) 0 THE RIGHTS ARE NOT 1RA115itRADE. NO DOCUMENTATION NTATIO4 HAS BEEN PROVIDED 11) 9101' - NAT LEON..ACCESS DOSIS. BETWEEN THE TER10A19 CF THE RIGHT OF z0AY.EOR-SIRMOER'BCVD..AND TIE VEST RENT OF WAY MARGIN OF THE um. PACIFIC RAILROAD. " 6 PORTIONS OF DOS SITE ARE L00A1ED 17104 THE 100 TEAR FL00 ) PLAN ZONE AM. ELEVATION 16.0 NGY0. PER DNA NAP NO. 5301330878 F DATED MY 10, 1995 9. 110 RECORDED EASEMENT DOCUMENT 14AS BERN PROVIDED FOR THE SEER UNE LOCATED BE7WFDN THE BOW LANE PIPELINE AND THE EASFLFRT PER A.F. N0. 624SM2 4 11E WAIERLNE EA5EDDNNT PER AUDITOR'S FEE N0. 337825 WAS CREATED N MAY OF 1905 OVER AM DOSING WATER PIPE AT THAT TIME 50103004E N 00VD9FMET 1075 8 7110 10. - THE EASEMENT IS CURRENTLY NOT LOCATABLE 11. THE LOCATION CF THE SEATTLE WATER DEPARTMENT BOW LANE 0819.0E. (CRPL N) IS RASED ON FIND TES BY EAS1SIDE CONSULTANTS. NC. AND SURVEY NF RMAT1N PROVIDED BY THE WATER DEPARTYET PER FIELD BOOK N0. 851. PAGES 45-52 12 ACCESS TO AND THOUGH PARCEL B IS ORAN1ED PER DOCUMENTS FILED UNDER AUDITOR'S FEE 1101 3480340, 3488349. 3532692 5430287. RECORDING NOW 9003121658. 9601231152 AND 9609130556 THE EXACT NO TO ACCESS BTHEE TENSOR FFTTE YONVIE)REO IS 1�ERLDIE OF SE 15891 ST. (4.116. LONOACIIS WAY). .N0.RECODEDF DOCUMENTATION HAS THE RUN PROVIDED PAIL (010 9 0AN ACROSS RIOT MLWAUKEE AND ST. BOW LAKE MODE (CRPL /4) PER SEATTE ENOR. DEPT. SEE NOTE 11 1 ) t55 aV fi J_ 1:3 A4 EASDENT (10' : 30') REC. N0. 7402080365 89104.5'(30D 851) QSr WATER PPF30RE 10' WATER E31T. PER N0. 6305182052 MI' PER SED BW 851 PG. 50 N40) SEE NOTE 11 118713'32'W 73.15 NC TWOEIT COL SIG 25 -23-4 '.4 CALC. POSITION PER RO.S. DK 58, P6 286 WEST OMMFNTED MALI E /1\L A- �oWA =) FD. LEAD 0 TALC STA 111 140++2107 STA Y O+00 MO/ORIENTED Y LINE 50Z1'54Ti 20.01' Ew'. 50.;13e7H SF AsoT ` um 10 STORM DIRA01 FS0T. P0' SEC. NO'S 910231 09403101159 (Pp c 3;14 td UUCOEE59 0 ESUL F47t Rec. N0. 9404131434 UNION PACIFIC R/R - N+lRCAGO, MLWKI7 EE 8 811. PAU. per) � � � 9{0.90!14.x,40 -10' ACCESS 04 UTILITY ESYT. PER REC. 110. 9404131434 0. /AL.LC9CE SET 37 OFFSET olas LOT 2 295.875 S' FT., PARCEL 3 1G91_03 FD. 30.3.0.14. LION N CASE' NELSON PL P_.S.P_8 L ACCESS-ROAD.IS'A. PORTION OF -107.7 1 GRAPHIC SCALE ,m 2'm (U PETE) 1 tosh - 100 EL SEE SHEET 1 FIR COSTING 105711 DESCRVIENS IEG30: • - SE/PT n0 1(- SETT 1 A 904 WA1R 1 • - F0. MONUMENT AS DESCRIBED UE MEASURED 1J YI �// 03)4T REC. N0. 8308290775 OVER 18 THE NORTH lO±AFD THE sounI 1O OF LONOACRES -MAY j{ ■�!���a1E,8 TEST Of T130.0P.5 ' _2R Qn - --- - - - - 1O \F! 2OFi5ET� i N 9 LONGAC E3 wY - CF MONUMENiED 6 S0. 15em ST. Y LINE - we LOT LINE 60211725E ,,.y BURLIN NON NORTHERN R/R _EIELD-s,Ry3. LQ 1I BNMTILER/I PACIFIC R/R) NORTNER.N PACIFIC RR. 17.50' 20' ACCESS • UTILITY avT.- NO Ia / • ROADWAY 38 851 {45.30. NOW NOTE 12 S4JO387F SEE NONE /2 7.50' 0110. CONC MON 5/BR/SS PIN DIN. 2' SET NAT ON SURFACE 0E7 051 PG.50 CENTER 1/4 30R. SEC. 25 -23-4 CAL. POSITION PER LOA 070. 5/IP REHABS M/ BK. ALUM. CAPS PIS 01891 - SQ�1fi CENTERUNE PER 60.6 BK. 55 PO. 266 SECTION 25 N0117'S5b0 2653.70 - RECORDER'S CERTIFICATE Fled for record thl5_ day of ..._ 19.._ -at M N book. ot._ at page. at the request of ( (fin .,.LIprz Mgr. Supt of Records 60.olmrorw REC/M0AS. 501111 1/4 COS. SEC. 24 -23-4 CAL. PO113N PER 5071 54 P0. 256 N8714'29'W 70.00' REC./TEAS. 1280.45 SEE NOTE 4 HENRY A. HEAD._.. F.YjNATiON CLAN NQ. 4E5 091W3[TE SURVEYOR'S CERnFlCATE This map correctly represents a elrvey made by me or under my dtrectIon In conformance With the requirements of the Survey Recording Act at the request oL.,SQUNR..I[(A1yS7I _._. CertMcate No. PER REC 9403101159 STORY DRAM ESMT. PER REC. 4101 9101231527 0 040310159 - - - - - LOT 138,240 S0.1 FT. Ob\( (0AsT3.13 t>F .P R u/R) �I °IUJY /. 22 ACCESS • UTILITY EMT. PER REC. N0. .,: 30568 10' 1010. C06. L _ -- 00T. PER RE -N0. 910231527 RECEIVED JUN 11 1999 TUKWILA PUBLIC WORKS RECEIVED JUN 081999 COMMUNITY 1 11031743 0 137.727 9503129013 5 SET 2Y OFFSET ly TOP CIF STALE ^) - - --�- 9191 00 1 OF STALE (772) ASTSIDE CONSULTANTS. INC EIS0515131144UNVEYOR9 415 RAI NR 81.110. NORTH 16$AOU lt MARIRMOTON •6037 PHONE I4051ET241351 PAX: 14281300.4611 k✓41111� NORTH 1/4 COA SEC 24 -23-4 91.40' S ON g7 BPIF! RSC 286 51%29' TUKWILA SHORT PLAT NO. L98- IN THE 8.01/4, SW1/4, SEC. 24, T.23N., R.4E., & THE E.1/2, NWI /4, SEC. 26, T.23N., R.4E., W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON WIN BY DAZE REV. JOB N0. to/96 S. KITZ 9/88 98150 CHKD BY SCALE SHEET R. KITZ 1" =100' 2 OF 3 — Ong - I Al 1 RI gAthi 157 I II & J .a I43 J HI r.2 J Sb Lap as ao •sa 133H8 338 gAg a 13 %Egg 4:.1 1 I .� 1 �• �anrarw= � i I I /1cNseril 'Do Ng ■ 1 .11 1,1 rd it .5. .3 F SAUlH 11NE a THE ° wN Loo 40 p g 4i F_. N871511rw t. I 51 CLAN 48 a zI CA— ii Z ▪ li i O co 0 o 0 co co K rz N Q ffi K 3 1,9 q co41 INTtHUNI!AN IK/kIL - rMM:t 11 PROJECT NO. 92-PKO3.\ HORTON DENNIS & ASSOCIATES, INC. CIVIL ENGINEERS & SURVEYORS 320 -2ND AVE SOUTH, KIRKLAND, WA 98033 TEL: (206) 822 -2525 MACLEOD RECKORD LANDSCAPE ARCHITECTS 231 SUMMIT AVE EAST, SEATTLE, WA 98102 TEL: (206) 323 -7919 HONG WEST &.---ASSOCIATES SOIL ENGINEERS 19730 64TH AVE W., LYNNWOOD, WA 98036 TEL: (206) 774 -0106 F 1JBLIG' WORKS Di FT_ *EN GINEERIN G* STREETS $ WATER * SEWER * PARKS • BUILDING* R.S.Y 7 /I2/% A.S.Y 7/12/96 CiOCUd U17/12/26 FfDI C.R.R 7/12, 5 IM VICINITY MAP MAYOR JOHN W. DIRECTOR ROSS A. RANTS OF PUBLIC WORKS EARNST, P.E. PARKS & RECREATION DIRECTOR DON WILLIAMS CITY ENGINEER ` RON CAMERON, P.E. CITY COUNCIL PAM CARTER, COUNCIL PRESIDENT JOE oUFFIE • ALLAN EKBERG JIM HAGGERTON JOAN HERNANDEZ PAMELA LINDER STEVE MULLET SHEET NO ITEMS 1 A —I COVER SHEET, VICINITY MAP C —I PHASE II LAYOUT C -2 PHASE II LAYOUT C -3 SEGMENT NELSEN PLACE — PLAN AND PROFILE EAST C-4 PHASE 11 LAYOUT D —I SITE ELEMENTS DETAILS D -2 DETAILS -3 SITE ELEMENTS DETAILS .D V SHEET INDEX RECEW 'EDJ INTERURBAN TRAIL - PHASE II JUL 1 5 1996 PUBLIC WORKS 1pb rta Me 7/ E 1651700 z b l RIGHT -OF -WAY ELECTRIC AIH RIM- 22.79 E 1651700 W 4 Z N 0 J O M z a Z RIGHTS -WAY a 22 0 0 P P mmomrat•01 U 4VEL PARKING LOT 3,t OF PSPL R/W P 1L OF YSYi tr/W--P r • 23 O 0 Ul (O 0 w z J 2 24 +ILL NEW SIGN— -a 'TRAIL ENDS 1/4 MILE AHEAD. TO CONTINUE NORTH FOLLOW BIKE ROUTE SIGNS" (C/O-2) REMOVE EXIST. BOLLARDS a AFTER CONSTRUCTION to OF PROPOSED TRAIL INSTALL 946LF(TOTAL, OF INFILTRATION TRENCH (FROM STA. 67 +14.00 TO STA. 77 +00.00) --23� ft 0o PROPOSED TRAIL N 55.13"6- 24 Nl11'39'01 • RIGHT- OF-WAY P 8 RIGHT -0F -WAY EXTR. CURB NO INFILTRATION TRENCH VA THIN 10' OF TRANSMISSION POLE ANDY'S DINER RESTAURANT — PARKING LOT 16200 WEST VALLEY HY INSTALL 4' HIGH CHAIN LINK FENCE. AT PROPERTY LINE (SEE SPECIFICATIONS APPENDIX D FOR FENCE GROUNDING DETAILS AND LOCATIONS (rm.) INSTALL 10' GATE ROCKERY 1••• t••• 6+••► 0.1• •�al••�•••��••��••�•••.=D•=�O•• _�� i� 6' VERT. CONC. CURB TIMBER GUARDRAIL 0 SEE BOLLARD., DETAIL 7 A /D -3 0 40 L.F. m TEMPORARY L 0 CTILN a. 10 0 z STA. 6 +38 > INSTALL SPEED SIGN (C /D -2) II 1 n 0 0 H O UNDEVELOPED PROPERTY STA. 6 +30 INSTALL 'NO MOTOR VEHICLE" SIGN (C /0 -2) t • W z 00 0 J W - J J 4-- N N -I - Z - w Z W W Z KED ROOF `OVERHANG TACO BELL CALL 48 HOURS BEFORE YOU DIG 1- 800 - 424 -5555 TRAIL PLAN SCALE: 1' =20' N >>>o ua:???m 0 0 0 z TACO BELL RESTAURANT • BUILDING (JACK —IN- THE -BOX) 25 20 h e N 100' V.C. P.V.I. STA. = 68 +13.02 P.V.I.ELEV. = 22.61 LOW PT. STA. = 68 +12.70 LOW PT. ELEV. = 22.80 > a N H N > a S = -0.427. S = 0.782 FINAL GRADE 0 tC OF PROPOSED TRAIL s = -0.771 W U z J 50 1 1042 I "100.0 W - Z 0 QNN CO O J J W S w 0 Z 00 J < O W a04-- - 0 W W O ti C vow 25 NOTE: INSTALL 2 -EA BIKE ROUTE SIGNS, (C /D-2), ONE AT N.W. CORNER OF STRANDER BLVD. AND WEST VALLEY PARKWAY AND ONE AT CHRISTIANSEN RIVER FRONT TAIL TO BE LOCATED IN FIELD.BY ENGINEER. TA 67+83 10 8' AND 12' HIGH PRESSURE OIL PIPES- EXISTING GRADE 0 E OF PROPOSED TRAIL U' V 20 0 N 10 a' N 15 N N (J Off N co 3,i N N N n a N 15 71 +00 70 +00 69 +00 68 +00 67 +00 66 +00 TRAIL PROFILE SCALE: 1 " =20' H., 1'. 5` V. DATUM: ALL ELEVATIONS SHOW ON TUKWILA INTERURBAN TRAIL DRAWINGS ARE BASED ON NGVD 1929. BENCHMARK: NGS- F- 460 -1973. STANDARD DISK SET IN NE ABUTMENT OF SOUTH 180TH ST. BRIDGE OVER GREEN RIVER. PUBLISHED ELEVATION 34.98. 1 E1p'IRES 6/20/7 7 by dtt• * ENGINEERING* STREETS* WATER * SEWER * PARKS * BUILDING* INTERURBAN TRAIL X131 Horton Dennla & Aaaoclates Inc. Conaunlnpo En In6.n, Mormon and Surv.yon S8 320 C AVM SC�0 KIO0.AW, •A91114G101 (206)022 -2525 PHASE II - LAYOUT o 0 co 0 wQF� zmOw OWa-J QEDU co f— _ BEON TRAIL BOLT BY KOAR I 4 E 1651700 U LL SCALE I T 1B J „ \ P P a a n n N a o N N (n Z m o, 478 LF BARB VARE TEMP. CONSTRUCTION EENCE k LATE n (TO BE REMOVED-XI-4 tR <. PERMANENT FENCE IS IRSTALLED) r N zz EXISTING POWER POLE TO BE RELOCATED BY OTHERS IZ —j— E 1651700 RIM= 20.44 z� < 7-• 60" DIA, SWD NO VEHICLES OVER 10.000 LBS. SEE SPECIAL PROVISIONS FOR EXCEPTIONS & GUIDELINES. RIGHT- OF-WAY Q. z ;,, a m N��- Am x 0 I- 0 od 00_ / + _ 3i • / `N 0� - 100 / OF PSPL INSTALL 946 LF(TOTAL) OF INFILTRATION TRENCH (FROM STA. 67 +14.00 TO STA. 77+00.00) z Z �\ V z EXISTINi0wER POLE TO BE RELOCATED■ BY OTHERS q OF PROPOSED TRAIL d057'1eW EMBASSY SUITES HOTEL 20 15 -�� -J 0 Z -J < (, <1-0 o N 1- J m U O - o b 82. >r W Ia V z U ST VAP STA 78+00 5 -0.60% 0 N W 0 0 o h o ._ 1 Z0. R 0 Y o T Z J U E a I.z X31 �< Zo KU STA 75 +67 1.202 a 1, < W - W z ag 1)1,1 1 WiO U-00 Z < 0 0 ,WW U ZZ 0 < 4 W -0 U z 3 • 0 0 0 -1 CD CC VA 100' V.C. m 04 m O N P.V.I. STA. - 75 +17 20.50 LOW PT. STA. 75 +13.43 LOW PT. ELEV. a 20.78 STA 74+67 U a '_NOINFILTRATION TRENCH WITHIN ••DEN 8 WIRE FENCE WILL BE 10' OR TRANSMISSION POLE REPLACED WITH 6' HIGH CHAIN LINK PROPERTY BETWEEN ANDY'S DINER • FENCE. FENCE WILL BE INSTALLED AT PROPERTY LINE AND EMBASSY SUITES. IS DEVELOPED INTO RESIDENTIAL HOUSES /HORSE FACILITIES(CONTACT CARETAKER) TRAIL PLAN SCALE: 1 " -20' INSTALL 6' HIGH CHAIN LINK FENCES FINAL GRADE 0 fL OF PROPOSED TRAIL N N O N -1.04% HAND HOLE TO BE REMOVED BY OTHERS INVESTIGATE PURPOSE OF CONC. POSTS AND REMOVE OR REPLACE AS REQUIRED. • STORAGE TRAILER WILL BE REMOVED BY OTHERS CALL 48 HOURS BEFORE YOU D;G 1- 800 - 424 -5555 EXISTING GRADE 0 q OF PROPOSED TRAIL RIGHT -0E-,WAY SSMH RIM= 24.98 ANDY'S DINER RESTAURANT — PARKING LOT STA. 71 +00 S = -0.71% S - -0.42% dr-STA 73+43 SANITARY SEWER ELEVATION UNKNOWN C! 0 77 -00 TRAIL INSTALLED BY OTHERS 76 +00 75 +00 74+00 TRAIL PROFILE SCALE: 1 -.20' H., 1 " -5' V. 73 +00 72 +00 STA 71+62 60" WATER (SWD) ELEVATION UNKNOWN DATUM: ELEVATIONS ARE TUKWILA NCVDI URBAN 1929 BENCHMARK: NESABUTMENT9 STANDARD OF SOU DISK SET IN ST. BRIDGE OVER GREEN RIVER, PUBLISHED ELEVATION 34.98. 71+ I owi s 0/71/97 Horton DennW 1 Auoclatss, Inc. BInoE�n ••n, I OQPNlaDnn1iers 1 Sn!d0o2 n -1 325 Ay[ iy We 13LIC WORKS DEPT_ 13�n HDA ENGINEERING • STREETS * WATER • SEWER* PARKS• BUILDING* dodged c.u.u_ rzcz MR atilt,/ AWro c.W1 73 +00 72 +00 STA 71+62 60" WATER (SWD) ELEVATION UNKNOWN DATUM: ELEVATIONS ARE TUKWILA NCVDI URBAN 1929 BENCHMARK: NESABUTMENT9 STANDARD OF SOU DISK SET IN ST. BRIDGE OVER GREEN RIVER, PUBLISHED ELEVATION 34.98. 71+ I owi s 0/71/97 Horton DennW 1 Auoclatss, Inc. BInoE�n ••n, I OQPNlaDnn1iers 1 Sn!d0o2 n -1 325 Ay[ L + J :n a 7- cr GRAVE m m m E in a- © g5:; a GRAVE z 2 N N In lV MEN ■(■�r�•r�.� L (!1 W �co m Mariana F' ■ 1 N AS P� i ST1► G U 1515 0 12.00 ccr �•zr�raaatarrar rr- -r:r a• ":;8 -asr 3 -rr 2.07:40 .T:.:. ; a 1.21'53.68" X L:2 11.00 lifitraortin tin I N 01.21'54. W ASPHA ASPHALT 0. GRAVEL 25 20 15 25 20 15 MATCH EXI BOTH SIDE STA 16 +20 END OF WE NELSEN pLA Sd TI NG CU STREET CENTER R: 45.00FT L: 58.74FT D :72.14'29.5 8 T:32.BFT NE SSMH RIM= 22.26 FLOWLINE= 10.44 TRAIL CENTE 111024.00F L' 292.51FT A D 18.22'01" T: 147.28FT ERLINE LC R :1000.00FT L: 249.87Fr 4 D :14.1818.5„ T, 125.5FT 5 i FFE =22.41 1 STORY HIOHBAy CONC/I�� BUlf,pj�; X419 UCTION H EXIST ASPHALT) CALL 48 HOURS BEFORE YOU DIG! 1- 800 - 424 -5555 ASP 25' CONC RAMP CONC. NELSEN PLACE FFE =20.46 P SCALE: 1' =20' 1 STORY BRICK BUILD 140 RADED 9QglEm m6i A0.3aX !9iS f 68.00' od na n1 n I. co W , m 0 • TOP OF Cure ELEVATIONS NELSEN PLACE TO FIGHT ts>:E P D.E OF NELSEN TRAIL CONSTRUCTION AND ARE ACCORDING TOP OF CURB ELEVATIONS PLACE. SEE SHEET D-1 EAST ONLY). It FOR - v _ 65� $ It co co 2.zz' /. i �+ a- - 1.51.55' PVI STA PVT ELE// ° .. A.D. . _ 1- n 0 m 0 PVI STA PVIA.DE= - 0 mm /EXISTING MUM E o• n TRAIL PROFILE (3 @ m m - I9 Q - (.� m DATUM EL m 15.06 m N w ^., rd ,. 61X 12'RCSSP o 0.46% 11.7FX N.}} 13 N N n m N m m N v m N m ?; N ° SCALE: 1' =20' H.. n 1'= 20' V. E, < m +00 82 +00 81 +50 tq ZS of *nn oornn 68.00' od na •• .. TOP OF CURB RIGHT WM' VC PVT STA • 15+70 P A.D. , -41.95 M W It co co ,, i� m VC • 12 +45 18.95 -5.84 �+ a- - 1.51.55' PVI STA PVT ELE// ° .. A.D. . VC • 12 +40 8.927].48 n 0 m 0 PVI STA PVIA.DE= (3 @ m m - I9 Q 61X 11.7FX EXISTING i NELSEN PLACE Cl. m ^ DATUM £L 15.041 m w .: oa � N w ro u~i (ny N W N N W N (�i N fV �vfi N (V (Ny N tV a N Fi N (r m .(no7 N 2 m N ,a1 m N N a ill m N mn n m e-, N ,.., n �.. 71 6P, az g o' 04 m ttii m Ad °m 0 GS a3 m m 16 +00 PHASE II SAWCUT EXISTING ASPHALT CONCRETE PAVEMENT AT LIMIT OF WORK. WHEEL CHAI R RAMS AS PER DETAI L ON SHEET D -1. ADJUST FOLLOWING EXISTING STORM DRAIN STRUCTURES TO GRADE: MANHOLE STA CATCH BASIN STA CATCH BASIN STA MANHOLE STA 10 +44. 12' RT 10 +50. 10' RT 11 +90. 15' RT 13 +43. 14' RT CONSTRUCT CONCRETE CURB AND GUTTER PER CITY OF TUKWI LA STANDARD DETAI L R -6 FROM STA 10 +20. 37.5' RT TO STA .16 +20. 14' RT. INSTALL 388 LF TYPICAL PERMANENT PRECAST CONCRETE BARRIERS. TYPE 2 BETWEEN STA 11 +80 AND STA 15 +68 FOR TEMORARY PROTECTION OF CURB AND GUTTER LOCATED ON EAST SIDE OF NELSEN PLACE. 15 +00 • e 0 14 +00 REMOVE EXISTING CHAIN AND POLES AT STA 14 +25. 1 0' RT/55' RT. INSTALL TRAIL AS PER PLAN. REMOVE AND SALVAGE FOR FUTURE I NSTALLATI ON TRAFFIC SIGN LOCATED AT: STA 10 +40. 7' RT STA 12+40. 13' RT STA 15 +00. 15' RT STA 15+70. 15' RT STA 13 +42 12' LT I NSTALL CATCH BASI 14 TYPE I 141 TH VANED GRATE G. E. = 1 9. 92. I . E. 17.00. CONSTRUCT 5 LF OF 12' DIAMETER RCSSP WITH 22 SLOPE FOR CONNECTION WITH EXISTING SOMH. 1 GAP BARRI ER TO ALLOW GRATE TO REMAIN OPEN. ) • 13 +00 NELSEN PLACE RIGHT CURB PROFILE 0 0 SCALE: HORZ !' = 20' , VERT 1' = 5' STA 10 +40 - STA STA 11 +00 - STA 11 +80 RT EXISTING GUARD RAIL TO REMAIN. 12 +40 RT REMOVE EXISTING BARRI CADE. • 12 +00 INSTALL CROSSWALK DELI 141 ATI 014 WITH 12 ' WIDE ACRYLI C CROSSWALK STRI PE. STA 11 +80 BEGIN PERMANENT PRECAST CONCRETE BARRI ER, TYPE 2 STA 15 +68 END PERMANENT PRECAST CONCRETE BARRI ER, TYPE 2 AND CONCRETE CURB AND GUTTER AT N 1 72000. 33 E 1 651 503. 59 SD 12' RCSSP STA. 90 +63.51 TO NEW C. 8. AT STA. 84 +72.24. 17 0 0 DATUM: ALL ELEVATI ONS SHOWN ON TUKWI LA INTERURBAN TRAIL DRAWINGS ARE BASED ON NGVD 1929. BENCHMARK: NGS -F-460 -1973, STANDARD 01 SK SET I N NE ABUTMENT OF SOUTH 1 80TH ST. BRI 131 GREEN RIVER. PUBLI SHED ELEVATION 34. 98. ( CENTERLI NE TRAM L STATI ON) STA 84 +72. 38, 7. 41' RT I NSTALL CATCH BASI N TYPE 1 WI TH VANED GRATE G. E. = 1 8. 99. I . E. • 1 6. 08. CONSTRUCT 15 LF OF 1 2' DI AMETER RCSSP WI TH 0. 382 SLOPE FOR CONNECTION WITH EXISTING SD841. (GAP BARRI ER TO ALLOW GRATE TO REMAIN OPEN.1 SEE DETAI L ON SHEET D -2. STA. 80 +95 AHEAD NEW SIGN TRAI L ENDS 800 FEET (C /D- 2) . STA. 81 +70 DISMOUNT SIGN (C /D-2). $TA. 86 +30 & STA. 86 +38 INSTALL OBJECT MARKER SIGN (C /D -2). 7AIA6 1412/16 Horton Dennis & Associates Inc. Consult:nOq En sneers, Planners end Surveyors 82.15 O ASDLE SWIM mum, vA.001510N 28050.2525 INTERURBAN TRAIL SEGMENT NELSEN PLACE PLAN AND PROFILE EAST 3 20 1 1 1 1 1 r'o 18 21 19 ROAD ESM'T AND AGREEMENT. WHITNEY BROS. AND INDUSTRIAL CRATING AND PACKING. INC. REC N0. 8909250479 N f7 667300 e+- 12' RCSSP STORM DRAIN TRAIL CENTERLINE = 18'46'10' R = 710.00 T = 117.34 L = 232.59 EXIST. FENCE TO BE ADJUSTED BY OTHERS 12' RCSSP STORM DRAIN FILLER TO BE THE SAME AS MATERIAL USED ON SHOULDERS AFTER SOIL STERILANT APPUCATON PROPOSED BOLLARDS (A/D -3) STA. 87 +60 12" RSCCP WSDOT PROP. STORM DRAIN (BY OTHERS) . `+i v' m ._.� O N N W 1b PROP. COMMER (SEE SPECIFICATIONS PENDIX CITY OF TUK MLA 510. COMMER ETAIL Na R -9) NVH4RSNEELwS 121�2SE)_ 19.31'81 HAMPTON INN 7200 S 156TH STREET TUKWILA SSMH RIM =21.24 INV =11.54 (0) INV =11.24 (S) STA / ' STA. 16 +20 END PROP. CURB & GU Hq� r 25 20 15 2 O m d ~ v N w m 25' V.C. c + D 0, O n a > n o N ' N a N I� J m � • a y — — m •0 a j b 0 1- O + 0 d J m 1EL- 18.00 P.V.I. STA 1 +57.00 = a 0< 6 - tx 0 0 N o; co 1- Y + U �1 •84% / _ PROPOSED GRADE AT CL E %1ST. GRADE AT COMMERCIAL I- DRIVEWAY _�` - 0.797. 0.182 -0035% - -5.57% / EXIST. \ N r b r a co PI tD n0 t0 GRADE AT rt N 20.95 21.03 N N N 23.14 Y b N 1 +00 00 0 0) 25 25 20 20 15 15 0 +00 -TRAIL PLAN SCALE: 1' =20' tO %. Iry7,y i- �7..A). in Y CO e N ri o 6 m m a 6 m m d - 0.657. �— PROP. DRIVEWAY W Z 0 ~ < N + 0 MI m m d J N + 5 m 0< 6 - tx 0 0 N a n> m d 0 , F n a d a v N I, , <ti J !t < 5 l a TRAIL GRADE ° TO MATCH �'I .l 0 Duo PROP. GRADE AT fL 0 505 E %1ST. GRADE AT � _�` - 0.797. 0.182 fi 12" RCSSP O 1.RC C.B. TYPE I 12" RCSSP 0 0.565 C.B. TYPE I 12" RCSSP O 0.565 - - -�_ LC.B. TYPE 1 12' RCSSP 0 0.465 FL GRATE 21.60 GRATE 19.00 m m N 'c N ro N GRATE 20.63 FL 18.03 o. N EX. SAN `". N N °• N ri N GRA FL r Ni IL 21.65 17.50 tot N N N N N FL 16,11 N 91 +00 90 +00 89 +00 8 +00 DRIVEWAY PROFILE SCALE: 1' =20' H., 1' =5' V. TRAIL PROFILE SCALE: 1' =20' 14., 1' =5' V. DATUM: ALL ELEVATIONS SHOWN ON TUKWILA INTERURBAN TRAIL DRAWINGS ARE BASED ON NCVD 1929. BENCHMARK: NGS -F- 460 -1973, STANDARD DISK SET IN NE ABUTMENT OF SOUTH 180TH ST. BRIDGE OVER GREEN RIVER, PUBLISHED ELEVATION 34.98. CONSTRUCTION NOTES O1 STA. 90 +60 "TRAIL ENDS HERE" OSTA. 88 +53 'STOP' OSTA. 87 +70 'STOP" (SIGNS: SEE C /D -2) ODRIVEWAY STA. 0 +12.86 AND STA. 1 +11.73 "CAUTION TRAIL CROSSING' 4.4. STA 87 +60 & STA. 88 +68 'CAUTION DRIVEWAY CROSSING AHEAD' 0 STA 88 +68 SPEED SIGN CALL 48 HOURS BEFORE YOU DIG 1- 800 - 424 -5555 7.7. NELSEN PL STA 15 +81 "CAUTION TRAIL CROSSING ON RIGHT' F UBLIC WORKS' DEPT_ •ENGINEERING• STREETS* WATER* SEWER•PARKS• BUILDING• INTERURBAN TRAIL Horton Donis t Associate. Inc. Consu W0 ( E N ~ KIRK AND. w91118120 Survayora (Z06 -25LS 320 SEO A PHASE II - LAYOUT f N 6" CRl1SNED SURFACING �'r�.�.• %:1' COMPACTED TO Ia'•.e r • ( 95x MAX '� . ;y „!. DENSITY LE FA R YDO.. '�•( ��r. CEOiEX71LE FABRIC E1D(ON GTF-1250 OR ja \ EQUAL APPROVED BY ENGINEER 1. ,ALTERNATE LOCATION (UNDER SHOULDER) I "(- )WASHED ROCK TRAIL TYPICAL SECTION WITH INFILTRATION TRENCH SCALE: NTS 6' OR 4' HIGH CHAIN UNK FENCE SLOPE TO MATCH EXISTING GROUND PROFILE GRADE SLOPE TO MATCH EXISTING GROUND SAWCUT AND REMOVE EXISTING PVMT. AFTER CURB INSTALLATION. INSTALL ACP CLASS B. 4" GRAVEL BASE COMPACTED SEE CURB DETAIL SHEET 0 -2 `-6" CRUSHED GRAVEL TOP COURSE ME: REFER TO APWA STANDARD DETAIL BOOK FOR CONCRETE SIDEWALK NOTES. O AC SIDEWALK OR CONCRETE SIDEWALK REMOVE AND RE- COMPACT THE UPPER 12" OF EXISTING ROADBED UNDER PROPOSED PAVEMENT AND SHOULDERS. COMPACT TO 95% MAX. DENSITY W/ (PROCTOR M / GRAVELBA E OVER REPLACE ER GEOC TEXTILE FABRIC WHERE EXISTING MATERIAL CANNOT BE PROPERLY COMPACTED NOTE: 1. FOR DETAIL INFORMATION ABOUT SOIL SEE SOIL REPORT ATTACHED TO SPECIFICATIONS 2. SOIL STERILANT TO BE APPLIED TO ALL EXPOSED SOIL SURFACES PRIOR TO TRAIL BACKFILL. SEE SPECIFICATIONS FOR DETAILS. NOTES: * REMOVE TREES WITHIN 2' MIN. CLEARANCE FROM PAVEMENT EDGE **TRIM TREE BRANCHES TO MAINTAIN 15' MINIMUM CLEARANCE 3" COMPACTED ASPHALT CONC. PVMT. CLASS B 2 - 1 1 /2" LAYERS E'CRUSHED SURFACING, TOP COURSE COMPACTED TO 955 MAX. DENSITY (PROCTOR MODIFY) 7 -0" EXISTING GROUND, REMOVE ALL ORGANIC AND LOOSE SURFICIAL MATERIALS ON ALL DISTURBED AREAS PRIOR TO GRADING MIRAF1 140N FILTER FABRIC MATERIAL OR EOUIVALENT APPROVED BY ENGINEER FILTER FABRIC MATERIAL 60" WIDE ROLLS. USE STAPLES OR WIRE RINGS TO ATTACH FABRIC TO WIRE TEMP. FENCE 2" x 2" x 14 CA. WIRE FABRIC OR EQUIV. TYPICAL TRAIL SECTION SCALE: NOT TO'SCALE PROVIDE W TO 115" WASHED GRAVEL BACKFILL IN TRENCH AND ON BOTH SIDES OF FILTER FENCE • FABRIC ON THE SURFACE 6" x 6" POST. TYP. SPACER, TYP. 4,< cam,,, '"biyr •co`y...7 e• 'Lb Thcrapl BURY BOTTOM OF FILTER 1 MATERIAL IN 8" x 12” TRENCH • 2•x4" WOOD POSTS STANDARD OR BTR. OR EQUAL ALTERNATE: STEEL FENCE POSTS . r _I d1 NOTES: 1. NUMBER OF WIRES TO MATCH TEMPORARY FENCE. 1 -1 L� 0 7 Ug IiQ1 REFER TO STANDARD PLAN F -6 (WSDOT /APWA) FOR CURB RAMP NOTES. ovo- . NOARNAL DINEN90VS O FILTER FABRIC FENCE NTS SCALE: TEMPORARY CONSTRUCTION LIVESTOCK GATE SCALE: NTS EROSION / SEDIMENTATION CONTROL NOTES 1. THE IMPLEMENTATION OF THE EROSION /SEDIMENTATION CONTROL (ESC) CONSTRUCTION, MAINTENANCE, REPLACEMENT. AND UPGRADING OF THESE ESC FACURES IS THE RESPONSIBILITY OF THE APPUCANT /CONTRACTOR UNTIL ALL CONSTRUCTION IS APPROVED. RAMP TEXTURE DETAIL TOP HINGE (187 SWING EACH SIDE) CURB RAMP SCALE NTS TOP HINGE (187 SWING) (EACH SIDE) 10-0" OR 14' -0" EVENLY SPACED 0 10' -0" O.C. MAXIMUM 2" O.D. TERMINAL END AND CORNER POST 114" 0 TOP RAIL POST FITTING AS PER MANUFACTURER IWO UNE POST 10 MIL ELECTROSTATIC DARK GREEN PVC COATED POSTS, RAILS AND 2" WIRE MESH FENCE FABRIC, 9 CA. BOTTOM HINGE (180 SWING) EACH SIDE) I I i��!i ♦i s i♦i�i a i♦r�i��i♦i♦i♦R "Air- I+it r,-- ER ♦i♦i �! - .:.» : • I ♦♦ ♦♦♦d♦ ♦♦♦♦♦� •••••:. 1 '.•�: BAR •♦♦�i ♦i�'' ♦i' ♦iii ♦i ♦i ♦i • ♦ ♦♦O :44:4; ♦� ♦♦Di. ♦ ♦. �' ♦♦♦. 0 ♦♦♦♦♦ . 44L * * *1. -•• . DE �♦� III III ► ♦ ♦ ♦♦i ♦i`�!1 .�.�♦ �T. ♦♦ Ii A �` ♦� �� ♦� ♦� �f.- _ ► ♦ ♦� ♦ ♦ ♦i! �i RODS �f : ♦:�:�:�:� id� ♦♦�i!'0.�` ►�►'`i` Vii' ♦.� ♦� ♦�I 1.1:10 ♦pF ♦ ♦ ♦♦ ♦. ♦♦ ♦♦ :••• d!4.* i 414 V••• �• 4 !.!.!♦!DOi!P.Oi �' ♦i ♦• •,• u_TiSTi_na irimam.wa aw=riaw41 S��:S-Tr i= n- .T_Tr -n - grow= cry ROUND SECTION TTOM HINGE �0 CONCRETE CLASS C (90 SWING) 1 4' -0" TOP HINGE (90 SWING) 2. THE BOUNDARIES OF THE CLEARING MRS SHALL BE CLEARLY FLAGGED IN THE FIELD PRIOR TO CONSTRUCTION. DURING 1HE CONSTRUCTION PERIOD, NO DISTURBANCE BEYOND THE FLAGGED CLEARING UNITS SHALL BE PERMED. THE FLAGGING SHALL BE MAINTAINED BY THE APPUCANT /CONTRACTOR FOR THE DURATION OF THE CONSTRUCTION. 3. THE FILTER FABRIC FENCE AND CONSTRUCTION ENTRANCE DETAILS SHOWN ON THIS PLAN MUST BE CONSTRUCTED IN CONJUNCTION W1114 ALL CLEARING AND GRADING ACTWITIES, AND IN SUCH A MANNER AS TO INSURE THAT SEDIMENT -LADEN WATER DOES NOT ENTER THE DRAINAGE SYSTEM OR VIOLATE APPUCABLE WATER STANDARDS. 4. THE ESC FACIIJTIES ARE 1145 MINIMUM REQUIREMENTS FOR ANTICIPATED SITE CONDMONS. DURING THE CONSTRUCTION PERIOD, THESE ESC FACILITIES SHALL BE UPGRADED (E.G. ADDITIONAL SUMPS, RELOCATION OF DRCHES AND SILT FENCES. ETC.) AS NEEDED FOR UND(PECTED STORM EVENTS. THE ESC FACTURES SHALL BE INSPECTED DAILY BY THE APPUCANT /CONTRACTOR AND MAINTAINED AS NECESSARY TO ENSURE THEIR CONTINUED FUNCTIONING. 6. ANY AREA STRIPPED Of VEGETATION, INCLUDING TRAIL EMBANKMENTS. WHERE NO FURTHER WORK IS ANTICIPATED FOR A PERIOD OF 15 DAYS, SHALL BE IMMEDIATELY S ABIUZED WITH THE APPROVED ESC METHODS (E.G. SEEDING, MULCHING, NETTING, EROSION BUNKER, ETC.) 7. STABILIZED CONSTRUCTION ENTRANCES AND WASH PADS SHALL BE INSTALLED AT THE BEGINNING OF CONSTRUCTION AND M4MNNED FOR THE DURATION OF THE PROJECT. ADDITIONAL MEASURES MAY BE REQUIRED TO INSURE THAT ALL PAVED AREAS ARE KEPT CLEAN FOR TH5 DURATION OF THE PROJECT. 8. DURING THE TIME PERIOD OF NOVEMBER 1 THROUGH MARCH 31, ALL PROJECT DISM2BE AREAS OF GREATER THAN 5,000 SQUARE FEET THAT ARE TO BE LEFT UNWORKED FOR MORE THAN 12 HOURS SHALL BE COVERED BY ONE OF THE FOLLOWING COVER MEASUR MULCH. SODDING OR PLASTIC COVERING. FINISH GRADE NO TES: 1. MINIMUM POST LENGTH SHALL BE 5'-6" FOR TYPE .3 & 8 " -B" FOR TYPE 6. 2. ADD REFLECTIVE WARNING TAPE TO POSTS CONC. FOOTING (SEE SPECS) 2' -0" FOR 4' HIGH FENCE(TYPE 6) 3' -0" FOR 6' HIGH FENCE(TYPE 3) COMPACTED - •• SUB -GRADE NOTES: 1. REFER TO SPECIFICATIONS APPENDIX D FOR FENCE GROUNDING REQUIREMENTS AND DETAILS. IP.II II II -1I -1I.J7 (TWO SIDES). 12" ROUND SECTION CONCRETE CLASS C (TYPICAL) 3' -0" - TYPE 3 .- 2' -0" - TYPE 6- 3. FOR 4' & 6' HIGH CHAIN LINK FENCE SEE THIS SHEET. • 4. RthtH TO SPECIFICATIONS APPENDIX D FOR FENCE GROUNDING REOUIREMENTS AND DETAILS. CHAIN LINK FENCE GATES CHAIN LINK FENCE SCALE: NTS SCALE: NTS I EXPIRES 8/28/97 P UBLIC WORKS DEP T_ •ENGINEERING* STREETS +WATER ♦ SEWER s PARKS • BUILDING* Horton Dennis & Aseocietee, Inc. ConaulfnO Planners pin.., Plann. an Surveyors 320 SEC*EI A N KIRK RIO, WASNIIg1gN (208)622 -2525 INTERURBAN TRAIL SITE ELEMENT DETAILS f VARIES R/W I VARIES 15' EASEMENT VARIES VARIES 6'MIN. 27. aim _ %/ /' BM 5'MIN 2' MI TYP. 5'MIN. PSPL —POWER POLE BERM SLOPE 2:1 MAX. -111211 !S"' 'ti��+ EXHIBITION HALL (INSTA BY OTH 1.5'TYP 0 00 0 0 0 00 0 000 0 0 0 (NELSEN PLACE) TYPICAL ROADWAY /TRAIL SECTION (SPLIT TRAIL SECTION) SCALE: NTS OF TRAIL HOULDER 6' -0" 2'— 2' MATCH EXIST. GRADE 3" ACP CLASS B 6" CRUSHED ROCK SURFACING TOP COURSE COMPACTED TO 955 MAX. DENSITY (PROCTOR MODIFY) SECTION STA. 88 +51.68 TO STA. 90+63.51 STA. 84+72.38 TO STA. 87 +9258 DRAINAGE DETAIL SCALE: NTS C.B. TYPE I OF C.B. EDGE OF SHOULDER C.B. TYPE I —� PLAN 6' MIN. 8" EXTRUDED ASPHALT CURB TYPE2 (TYP.) P ZJBLIC WORKS DEPT_ •ENGINEERING* STREETS* WATER* SEWER• PARKS* BUILDING* .NELSEN PLACE PROFILE GRADE m I5'EASEMENT 2.5'I1.5' TYp jit (55 NAX. — - VARIES VARIES 2 "TYP SLOPE TO DRAIN 11'MIN,12'MAX 1.5' TRAIL PROFILE GRADE 00 0 0 0 0 0 0 0 0 (NELSEN PLACE) TYPICAL ROADWAY /TRAIL SECTION (EAST CONSTRUCTION ONLY) SCALE: NTS CROSSING SIN 811 SERIES 30' x30' OBJECT MARKER 0M -3L 12'x36 Mat O MOUNT WITH LAG BOLT AND WASHER PER WSDOT /APIIA SPECS. 0 USE 314 DIAMOND GRADE SHEETING ONLY 0 ALL PAYMENT NARK MG SMALL BE ACRYLIC (DLRASTRIPE) (Jackal bte EFEZI TZEIIICEMI rzurnim NI- MI Roo NO MOTOR VEHICLES NO MOTOR VEHICLES SIGN R 5 -3 24" x 24' STOP SRN R 1 -1 24" x 24" SPEED LIMIT 15 SPEED SIGN R 2 -1 12' x 18' TRAIL ENDS HERE 5101 • STA. 90 +83 SEE PIM C -4 12' x 15- CAUTION DRIVEWAY CROSSING AHEAD CROSSING 5101 12' x 15" MUST DISMOUNT AND WALK BICYCLE DISMOUNT SIGN 18' x 2<" v 0 0 0 0 0 0 0 0 10 II 0 4' ASPHALT 6" CRUSHED 12" GRAVEL CONCRETE PAVEMENT. CLASS B SURFACING BASE COURSE BASE GEOTEXTILE MIRAFI 160N (OR EOUIVALENT) LOCATED OVER FIRST 6' LAYER OF GRAVEL BASE CEMENT CONCRETE CURB AND GUTTER — WSDOT STD. PLANS F —I 'BARRIER" CURB & GUTTER) COMPACTED SUBGRADE' 3" ASPHALT CONCRETE CLASS 'B' LANDSCAPED AREA WITH 6' TOP SOIL. COVER BY MEDIUM BARK AND GROUNDCOVER (WITH MINIMUM MAINTENANCE) NATIVE SUBGRADE EXISTING PAVEMENT, VARIES FROM 2 " -3" IN THICKNESS. TO BE PULVERIZED AND REUSED AS A BASE WITH GRAVEL BORROW TYPICAL "JERSEY' CONCRETE BARRIER, TEMPORARILY LOCATED AT EAST SIDE OF NELSEN PLACE FOR THE NEW CURB AND GUTTER PROTECTION. 6' TOP SOIL — HYDROSEEDED ALL DEPTHS MEASURED AS COMPACTED DEPTHS TRAIL ENDS 1 MILE AHEAD TO CONTINUE NORTH FOLLOW nom ROUTE SHINS SIGN OF STRNAER BLVD. ON EIOST. TRML 18' x 24' TRAIL ENDS 800 FEET AHEAD 5KRN • S. 158111 ST. SEE PLAN C -3 12'x15- PROJECT SIGNS HDA Consulting en* 1 AtsocIat.s, IOC. p Saunl Planners. and Surveyors 320 SEED MIX 3103116, WSHIICT011 (206)822 -2325 SCALE: NTS INTERURBAN TRAIL DETAILS ARROW DIRECTION AS APPRONM1 ROUTE SIGN (WHRE ON CREDO 24 x 30' I EXPIRES 6/2E/9T CALL 48 HOURS BEFORE YOU DIG 1-800-424-5555 IS D PH KAI AS no date ro1i1 ons dsh 7/ DOLLARD. c 'M xG DOIN ENDO A10 row NftA VD' SlNrU21 T)4CK G,LVANI2ED 0TEFL OR ALL77N21 INTERIOR e1DE D2'EN610225 N' CATER 111404 P005 DIAMETER VT G4LVAIOFD 57EDOLT !MIMED N CONCRETE. DEAD AS SNau1 CLASS C CONCRETE DOLLARD. EOIDPED A6 6e0 511212121 TEST GALVANIffe 0Ue1 PADLOCK �2 • 000 e1•0 0 3'DIA(MU 0000 0000 ORAN PIPE 0 op 0 008 0 00 GRAVEL ELACKFRI. J . FOR DRAINS REMOVABLE BOLLARD 8 x 6 REMON 4DLE DOLLARD (2 EA) (ALL Doc PI TOO ENDS) TFEER GUARDRAIL (TYP) EXST. EDGE OF M215 25'-0' 2. -0. O' 4' 4' S' K -0' FIXED BOLLARD Cl- EXIST. ROAD 665 PLAN FOR LOCATION 4'-0' 4' -D' 4' -0' EXIST. EDGE OF CURD 75' -0' 1' CRUSTED GRAVEL TOP COURSE =m/c= TO 550 MAX DENSITY (PROCTOR t10DFED) Y (AT STRANDER BLVD.) BOLLARD SCALE: NOT TO SCALE (TYPICAL LOCATION) r LJ4 J'ER 111 r, 7' 6k 6' POST (TYP) . ir- „1T,rj1 -11HI 0 x 0 FINED DOLLARD (2 EA) e x e 6010VADLE DOLLARD (2 EA) 1 Int.nTYnl1 vb14nn `^ II 1 ClL7 et Tukwila - w x 4' CEDAR CAP er • iR9' 4 1= I --ifi= SECTION D'x 8k 4' DEPTH 5/8' ( -2 MINUS SLASFED GRAVEL 91-P 30' x 32' x 3/4' PORCELAIN ENAMELED STEEL LOCATION / 1UP SIGN SEE SPECIFICATICNB NOTES ELEVATION UMBER GUARDRAIL SCALE: NOT TO SCALE I Ea. E4 4k 10' RAIL FINISHED GRADE I COSTPACT DACKFILL ALL 61055 t 130TTC4-1 (TTP) NOTE, RAIL SIDE (A8 DRAIN) EACH, TRAIL 1EAD PARKA.* 2. UNDERGROUND U1LRIES SHOWN HEREON HAVE BEEN PLOTTED FROM A COMBINATION OF FIELD LOCATED SURFACE FEATURES AND RECORDED DATA AS FOUND ON DRAWINGS AND SCHEMATICS PROVIDED BY UTILITY AUTHORIRES. ADDITIONAL UTILITIES OR A VARIANCE IN THE LOCATION OF UTILITIES MAY BE ENCOUNTERED. R IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY UTILITY LOCATORS IN THE FIELD PRIOR TO EXCAVATING. 3. THE CONTRACTOR SHALL BE REQUIRED TO ATTEND A PRE - CONSTRUCTION MEETING THAT IS TO BE HELD AT TUKWILA CITY HALL PRIOR TO COMMENCEMENT OF ANY WORK. THE CONTRACTOR'S AND SUBCONTRACTOR'S PROJECT SUPERVISORY PERSONNEL SHALL ATTEND SAID MEETING. - 4. A COPY OF THE CONTRACT PLANS MUST BE ON THE JOB STTE. 5. CONSTRUCTION NOISE SHALL BE LIMITED: NORMALLY THIS IS 8 AM. TO 9 P.M. WEEKDAYS. 6. R SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO OBTAIN ALL CONSTRUCTION EASEMENTS NECESSARY BEFORE INMATING OFF -SITE WORK WITHIN THE PUGET SOUND POWER & UGHT RIGHT OF WAY. NO STORAGE. STOCKPILE, OR STAGING AREA WILL BE PROVIDED. R SHALL BE THE RESPONSIBIUTTY OF THE CONTRACTOR TO NEGOTIATE FOR AND SECURE STORAGE, STOCKPILE AND STAGING WITH A PRIVATE OWNER PROOF OF WHICH IS TO BE PROVIDED TO THE CRY. 7. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ADEQUATE SAFEGUARDS, SAFETY DEVICES, PROTECTIVE EQUIPMENT. FLACGERS, AND ANY OTHER NEEDED ACTIONS TO PROTECT THE UFE, HEALTH, AND SAFETY OF THE PUBUC AND TO PROTECT PROPERTY IN CONNECTION WITH THE PERFORMANCE OF WORK COVERED BY THE CONTRACTOR. ANY WORK WITHIN THE TRAVELED RIGHT OF WAY THAT MAY INTERRUPT NORMAL TRAFFIC FLOW SHALL REQUIRE AT LEAST ONE FLAGGER FOR EACH LANE OF TRAFFIC AFFECTED. ALL SECTIONS OF THE WSDOT STANDARD SPECIFICATIONS 1 -07.23 - TRAFFIC CONTROL, -SHALL APPLY. 8. THE CONTRACTOR WILL OBTAIN AND INSTALL YELLOW PLASTIC SAFETY COVERS FROM PUGET POWER. CONTACT BILL FOSTER AT 850 -5541 WITH ADEQUATE ADVANCE NOTICE. A -L WELDING PRODUCTS 15700 NELSON PL S. 1 -1/2 STORY CONC. BLDG. EDGE OF 655HALT 121 ASPHALT OCONSTRUCT GRAVEL BASE DRIVEWAY, 16'x 93', BETWEEN EXIST. GRAVEL PARKING LOTS. USE 18” GRAVEL FILL WITH COMPACTION TO 95% PROCTOR W/ GEOTEXTILE PER ENGINEER'S DIRECTION. OMATCH EXISTING GRADE. OCONSTRUCT DRIVEWAY BEFORE ANY TRAIL CONSTRUCTION WORK. 0 CONSTRUCT TEMPORARY CONSTRUCTION FENCE ALONG EAST SIDE OF NELSEN PLACE UNTIL PERMANENT PRECAST CONCRETE BARRIER CAN BE INSTALLED. r>1 E 1651600 EDGE OF GRAVEL 93' TB 20 10 20 SCALE: 1 - -20' 26'ACP ACGE66 ROAD e) W v 7 x 4' CEDAR 4 x 4' CEDAR POST SDMH RIM= 21.43 1 , TOP 8'CHP TRANS - .28 INV. 24'IPCN)= 16.23 1 , Alt /W INV. 24'IP<S)= 16.18 BOTT, 12.3 GRAVEL - •••"„ Ate iniuMMIMMIT �� - - - -- iii- - - -- - DRIVEWAY ROAD SECTION @ STA. 1 +40 SCALE NOT TO SCALE \I D- .P UBLIC WORKS DEPT'_ •ENGINEERING • STREETS * WATER • SEWER • PARKS • BUILDING* �n Norton Dennis & Associates, Inc. ConxuMiny EOn eeKn, (LPNlaDnnW.0 n 4 n 81 Srv0.y0n 2 525 320 SEM* A