HomeMy WebLinkAbout2021 - Easement Agreement - Segale Properties LLC / King County / City of Tukwila - 20210816001801Instrument Number: 20210816001801 Document:EAS Rec: $215.50 Page -1 of 13
Record Date:8/16/2021 3:54 PM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY AL VASSI
Recording Requested By And
When Recorded Mail To:
The City of Tukwila
City Clerk
6200 Southcenter Blvd
Tukwila, Washington 98188
EASEMENT AGREEMENT
Grantor: Segale Properties LLC, a Washington Limited Liability Company
Grantee: The City of Tukwila, a municipal corporation of the State of Washington,
and KING COUNTY, a political subdivision of the State of Washington
Legal Description (abbreviated):
PTNS OF GOV'T LOTS 5, 6 AND 7 IN SEC 35, TWN 23N, RGE 4 E.W.M.; PTNS OF
GOV'T LOTS 8, 9, 10 AND 11 IN SEC 2, TWN 22 N, RGE 4 E.W.M.
Additional legal description on pages 9 - 13, hereinafter called Exhibits A and B.
Assessor's Tax Parcel ID#s: 3523049115, 8700400010, 8700400070, 8700400080,
8700400100, 8700400180, 8700400190, 8700400220, 8700400260
THIS EASEMENT AGREEMENT (this "Agreement") is made as of the 5th day
of August , 2021, by and between Segale Properties LLC. a Washington limited
liability company, formerly known as "La Pianta LLC," hereinafter called "Grantor", and
The City of Tukwila, a municipal corporation of the State of Washington, and KING
COUNTY, a political subdivision of the State of Washington, each hereinafter called a
Grantee and both hereinafter collectively called "Grantees".
RECITAL
A. Grantees have certain legal responsibilities with respect to the repair,
maintenance and reconstruction of the Green River levees located in the City of
Tukwila, Washington.
B. Grantor owns certain real property described in Exhibit A attached hereto
and by this reference made a part hereof, located adjacent to the Green River in the
City of Tukwila, Washington.
C. The parties desire to enter into an agreement to create certain easements
for the inspection, repair, maintenance, reconstruction of and access to the levees as
described and subject to the terms and conditions set forth below.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are acknowledged, the parties agree as follows:
1. Termination of 2015 Easement
The easement dated June 10, 2015, and recorded against the title of the Property
under King County Recording No. 20150616000300, is hereby terminated, released
and extinguished, and henceforth shall have no legally operative effect whatsoever.
EASEMENT AGREEMENT
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Instrument Number: 20210816001801 Document:EAS Rec: $215.50 Page -2 of 13
Record Date:8/16/2021 3:54 PM King County, WA
2. New Grant of Easement
Grantor hereby grants and conveys to the Grantees, their successors and
assigns easements, subject to the terms and conditions set forth in this Agreement,
under, over and upon those limited portions of the real property described in Exhibit B
attached hereto and by this reference made a part hereof, situated in King County,
Washington, all for the specific and limited purposes set forth below:
(a) Flood Protection Easement. A perpetual right and easement in favor
of Grantees in the land described in Exhibit B Easement Area One, to
construct, maintain, repair, operate, patrol and replace a flood control
structure, including all appurtenances thereto ("Flood Protection
Easement"); reserving, however, to Grantor, its successors and
assigns, all such rights and privileges as may be used without
interfering with or abridging the rights and easement hereby acquired,
this grant of easement being subject, however, to all easements,
reservations, covenants, conditions and restrictions of record.
(b) Access Easement. A perpetual right and easement in favor of the
Grantees for the sole purposes of inspection, repair and maintenance
of said flood control structure noted in (a) above, in, on, over and
across the land described in Exhibit B Easement Area Two (the
"Access Easement"); reserving however, to Grantor, its successors
and assigns. all such rights and privileges as may be used without
interfering with or abridging the rights and easement hereby acquired;
this grant of easement being subject, however, to all easements,
reservations, covenants, conditions and restrictions of record.
Notwithstanding the foregoing, Grantees shall not unreasonably interfere with
Grantor's use of the existing buildings located on parcels 3523049115 and 8700400010
at such time Grantees commence improvements to or replacement of the flood control
structure. For the purposes of this Agreement, "unreasonably interferes" shall be
deemed to include, without limitation, any restriction on the use of the existing building
or the paved areas around them. The above parcels are legally described as:
NEW PARCEL B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO.
L15-023, AS RECORDED UNDER RECORDING NO. 20150716900001,
RECORDS OF KING COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY
OF KING, STATE OF WASHINGTON.
AND
LOT 1 OF TUKWILA SOUTH — PHASE 1 AS RECORDED IN VOLUME 284 OF
PLATS AT PAGE 72, UNDER KING COUNTY RECORDING NUMBER
20180823000390.
3. No Rights Created in Public
Nothing in this grant shall be deemed to be a gift or dedication of land to the
public, or a grant of access to the general public or for recreational uses. The scope of
this grant is expressly limited to Grantees, for their use and for the use of their
employees and contractors, for the limited purposes described in this Agreement,
except as provided in Section 6 herein.
4. Grantee's Indemnification of Grantor
This Flood Protection Easement and/or Access Easement and/or any flood
related works constructed or to be constructed within the Easement Areas shall not be
EASEAI ENT AGREEMENT
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Instrument Number: 20210816001801 Document:EAS Rec: $215.50 Page -3 of 13
Record Date:8/16/2021 3:54 PM King County, WA
construed as granting any rights to any third person or entity, or as a guarantee of any
protection from flooding or flood damage.
Grantor and Grantees shall defend, indemnify and hold the other harmless from
and against any claims, suits, causes of action, judgments, damage, loss or liability for
injuries to persons or property (excluding consequential damages such as lost profits)
(collectively, "Claims") to the extent caused by the negligent acts or omissions of the
Grantor or Grantees, and their respective agents, officers, invitees and employees.
Where such Claims result from the concurrent negligence of the parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of each
party's negligence. In the event that any of the parties incurs any judgment, award,
and/or cost arising therefrom, including attorney fees, expenses, and costs shall be
recoverable from the responsible party to the extent of that party's negligence. Each of
the parties agrees that its obligations under this indemnity extend to any claim, demand,
cause of action and judgment brought by, or on behalf of, any of its employees or
agents. For this purpose, each of the parties, by mutual negotiation, hereby waives,
with respect to each of the other party's only, any immunity that would otherwise be
available against such claims under the industrial insurance provisions of Title 51 RCW.
The scope of the foregoing indemnity does not apply to any acts or omissions
related to, or arising from, the improvement, protection, regulation and control for flood
prevention and navigation purposes of any river or its tributaries and the beds, banks
and waters thereof. Nothing contained in this indemnity shall be construed as waiving
any immunity to liability provided to Grantees by any state statute, including Chapters
86.12 and 86.15 of the Revised Code of Washington, oras otherwise granted or
provided for by law.
5. Insurance
King County, a charter county government under the constitution of the State of
Washington, maintains a fully funded self-insurance program for the protection and
handling of the County's liabilities, including injuries to persons and damage to property.
The City of Tukwila is a member of the Washington Cities Insurance Authority, which is
a self insured municipal risk pool.
6. Binding on Successors and Assigns; Limited Right to Assign
The rights, conditions, covenants and provisions contained in this Agreement
shall inure to the benefit of and be binding on the parties hereto and their respective
heirs, administrators, executors, successors and assigns and shall run with the land.
Grantees shall have the right to assign their rights and interests under this Agreement to
any one or more governmental entities that are created and then -existing under the
laws of the State of Washington that have legal responsibilities in connection with the
inspection, maintenance, repair, rehabilitation and replacement of the flood control
structure.
7. Eminent Domain
If any part of the Flood Protection Easement and/or Access Easement is taken
by any governmental agency in the exercise of its power of eminent domain, the award
granted under such proceedings, or any settlement in lieu thereof, for the taking of such
property shall be wholly payable to Grantor. If less than all of the Flood Protection
Easement and/or Access Easement is taken, the easement granted herein shall
continue in full force and effect with respect to the portion of the Flood Protection
Easement and/or Access Easement not taken. If all of the Flood Protection Easement
and Access Easement is taken, the easement granted herein shall terminate and the
obligations hereunder of Grantor and Grantees shall automatically cease and terminate
as to this Easement Agreement when possession is transferred to the condemning
agency, except for any obligations concerning events occurring prior to the terrnination
of the easement.
EASEMENT AGREEMENT
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Instrument Number: 20210816001801 Document:EAS Rec: $215.50 Page -4 of 13
Record Date:8/16/2021 3:54 PM King County, WA
8. Grantor's Reserved Use
Notwithstanding anything in this Agreement to the contrary, Grantor reserves the
right to engage in any uses that are compatible with the full enjoyment by Grantees of
the rights granted in this Agreement.
Grantor agrees not to conduct the following activities within the Easement Area
without prior approval from Grantees: 1) plant non-native vegetation; 2) remove or
otherwise alter any improvements installed by Grantees, including any native vegetation
that may be planted and any flood protection works that may be constructed; and 3)
undertake any activity or practice that interferes with the efficacy and design of flood
protection works or other infrastructure installed by Grantees. Grantor further agrees
not to use herbicides within the Easement Areas without the prior approval of Grantees.
Nothing contained herein shall be construed as granting any license, permit or right,
otherwise required by law, to Grantor with respect to the Easement Areas.
For the purposes of this easement, the term "native vegetation" shall mean vegetation
comprised of plant species, other than noxious weeds (as identified on the State of
Washington noxious weed list found at Washington Administrative Code Chapter 16-
750, as amended from time to time), which are indigenous to the coastal region of the
Pacific Northwest and which reasonably could have been expected to naturally occur at
the site.
9. Miscellaneous
(a) In the event of any action or arbitration by any party to this Agreement for
breach of or to enforce any provisions or rights hereunder, the reasonable costs and
expenses incurred by the substantially prevailing party in such action, including, but not
limited to, such substantially prevailing party's reasonable attorneys' fees, shall be paid
by the other party or parties to such action or arbitration.
(b) Neither this Agreement nor any acts of any party shall be deemed or
construed by the parties hereto, or any of them, or by any third person, to create the
relationship of principal and agent, or of partnership, or of joint venture, or of any
association.
(c) Any modification, waiver, amendment, discharge or change of this
Agreement shall be valid only if the same is in writing and signed and acknowledged by
all of the parties, and an original thereof is recorded in the real property records of King
County, Washington.
(d) In the event any term, covenant, condition, provision, or easement
contained in this Agreement is held to be invalid, voided or otherwise unenforceable, by
any court of competent jurisdiction, such holding shall in no way affect the validity or
enforceability of any other term, covenant, condition, provision, or easement contained
in this Agreement.
(e) Paragraph captions are inserted as a matter of convenience and for
reference and in no way define. limit, extend or describe the scope of this Agreement or
any of its provisions_
EASEMENT AGREEMENT
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Instrument Number: 20210816001801 Document:EAS Rec: $215.50 Page -5 of 13
Record Date:8/16/2021 3:54 PM King County, WA
Entered into as of the day and year first above written.
GRANTOR:
SEGALE PROPERTIES LLC, a Washington
limited liability company
By: Metro Land Day pr-nent,
Its: Manager
By:
ar Seg -a e, P sident
GRANTEE:
THE CITY OF TUKWILA, a municipal
corporation of the.State14 Wrhilligton
GRANTEE:
KING COUNTY, a political subdivision of the
State of Washington
By:
Name: uoi
Title: t&LR Di
EAS Di ENT AGREEMENT
PAGE 5
Instrument Number: 20210816001801 Document:EAS Rec: $215.50 Page -6 of 13
Record Date:8/16/2021 3:54 PM King County, WA
STATE OF WASHINGTON )
COUNTY OF KING )
ss.
On this 12 'day of :,. i , 2021, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and swom, personally appeared
Mark A. Segale to me known to be the person who signed as President of the Manager
of Segale Properties LLC, a Washington limited liability company that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said Limited Liability Company for the uses and purposes
therein mentioned, and on oath stated that he/she was duly elected, qualified and acting
as said officer of the corporation, and that he/she was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day
and year first above written.
Mindy Fefidtano
Notary Public
State of Wast* ?un
My ADpc. 1..41 Eapava 091152021
Commission Mn+ler 20121972
Print Name!
Notary Public in and for the State of Washington,
residing at: Fe IAA
My commission expires: `i) 1 2r.
EASEMENT AGREEMENT
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Instrument Number: 20210816001801 Document:EAS Rec: $215.50 Page -7 of 13
Record Date:8/16/2021 3:54 PM King County, WA
STATE OF WASHINGTON )
ss
COUNTY OF KING_ )
On this I day of
Public in and for a State of
appeared q 'i a�?
a
who signed as
corporation of the State of ashin ton
that
, 2021, before me, the undersigned, a Notary
n, duly commissioned and sworn, personally
to me known to be the person
p g executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said cor oration for the uses and purposes therein mentioned, and on oath
stated that was duly elected, qualified and acting as said officer of the
corporation, that He was authorized to execute said instrument and that
the seal affixed, if any, is the corporate seal of said corporation.
of the City of Tukwila, a municipal
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day
and year first above written.
i
y),'JJ�, , 0-193
N�/ wAS
4titin
6
i2-' L4Q//S
Print Name:
Notary Public in er d for the State of Washington,
residing at: G] fI1 1 t ; p, V1
My commission expire / r j (` �
EASEMENT AGREEMENT
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Instrument Number: 20210816001801 Document:EAS Rec: $215.50 Page -8 of 13
Record Date:8/16/2021 3:54 PM King County, WA
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
d
I certify that I know or have satisfactory evidence that is
the person who appeared before rne, and said person acknowledged that signed
this Instrument, on oath stated that he is authorized to execute the instrument and
acknowledged it as.the,
LOG R. DI VI on Di rec tOr" of KING COUNTY,
a political subdivision of the State of Washington, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument,
Dated: _.2A S 1 '2•ILD'.2-*1
Print Name:
Notary Public in and for the State of Washington.
residing at.
My appointment expires
EASEMENTAGREEMENT
PAGES
Instrument Number: 20210816001801 Document:EAS Rec: $215.50 Page -9 of 13
Record Date:8/16/2021 3:54 PM King County, WA
EXHIBIT A
FULL PROPERTY
LEGAL DESCRIPTION
PARCEL 3523049115
NEW PARCEL "B" DESCRIBED AND DELINEATED IN CITY OF TUKWILA
BOUNDARY LINE ADJUSTMENT NO L 15-0023 RECORDING NO 20150716900001.
PARCEL 8700400010
LOT 1, PLAT OF TUKWILA SOUTH - PHASE 1, AS RECORDED IN VOLUME 284 OF
PLATS AT PAGE 72, UNDER KING COUNTY RECORDING NO. 20180823000390.
PARCEL 8700400070
LOT FDT-4, PLAT OF TUKWILA SOUTH - PHASE 1, AS RECORDED IN VOLUME
284 OF PLATS AT PAGE 72, UNDER KING COUNTY RECORDING NO.
20180823000390.
PARCEL 8700400080
LOT FDT-5, PLAT OF TUKWILA SOUTH - PHASE 1, AS RECORDED IN VOLUME
284 OF PLATS AT PAGE 72, UNDER KING COUNTY RECORDING NO.
20180823000390.
PARCEL 8700400100
LOT FDT-7, PLAT OF TUKWILA SOUTH - PHASE 1, AS RECORDED IN VOLUME
284 OF PLATS AT PAGE 72, UNDER KING COUNTY RECORDING NO.
20180823000390.
PARCEL 8700400180
OPEN SPACE TRACT 1, PLAT OF TUKWILA SOUTH - PHASE 1, AS RECORDED IN
VOLUME 284 OF PLATS AT PAGE 72, UNDER KING COUNTY RECORDING NO.
20180823000390.
PARCEL 8700400190
OPEN SPACE TRACT 2, PLAT OF TUKWILA SOUTH - PHASE 1, AS RECORDED IN
VOLUME 284 OF PLATS AT PAGE 72, UNDER KING COUNTY RECORDING NO.
20180823000390.
PARCEL 8700400220
LOT RD -2, PLAT OF TUKWILA SOUTH - PHASE 1, AS RECORDED IN VOLUME 284
OF PLATS AT PAGE 72, UNDER KING COUNTY RECORDING NO. 20180823000390.
PARCEL 8700400260
LOT SAT -4, PLAT OF TUKWILA SOUTH - PHASE 1, AS RECORDED IN VOLUME
284 OF PLATS AT PAGE 72, UNDER KING COUNTY RECORDING NO.
20180823000390.
EASEMENT AGREEMENT
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Instrument Number: 20210816001801 Document:EAS Rec: $215.50 Page -10 of 13
Record Date:8/16/2021 3:54 PM King County, WA
EXHIBIT B
FLOOD PROTECTION EASEMENT
EASEMENT AREA ONE
LEGAL DESCRIPTION
A STRIP OF LAND LYING OVER, UNDER AND ACROSS PORTIONS OF GOVERNMENT
LOTS 2, 5, 6 AND 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W -M.,
AND PORTIONS OF GOVERNMENT LOTS 8, 9, 10 AND 11 IN SECTION 2, TOWNSHIP 22
NORTH, RANGE 4 EAST OF THE W.M., KING COUNTY, WASHINGTON, SAID STRIP LYING
WESTERLY, UPLAND AND TO THE LEFT OF THE ORDINARY HIGH WATER MARK OF THE
LEFT BANK OF THE GREEN RIVER AND RIVERWARD OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH
01° 19'00"WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 35, A DISTANCE OF 1319.49 FEET TO THE SOUTHEAST CORNER OF THE
NORTHEAST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 87°
51'28"WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER A DISTANCE OF 888.48 FEET, MORE OR LESS. TO A POINT,
WHEN MEASURED AT RIGHT ANGLES, TO SAID SOUTH LINE, SAID POINT BEING
NORTH OF THE NORTHEAST CORNER OF LOT 4 OF CITY OF TUKWILA BOUNDARY LINE
ADJUSTMENT NO. 93-0085, AS RECORDED UNDER KING COUNTY RECORDING NO.
9311301961; THENCE SOUTH 02° 08'32"WEST 10.51 FEET TO SAID NORTHEAST
CORNER OF LOT 4; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 4
ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 20°
20'53"WEST A DISTANCE OF 336.00 FEET; THENCE ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 00° 44'43", AN ARC LENGTH OF 4.37 FEET; THENCE LEAVING SAID
NORTH LINE SOUTH 530 36'09"WEST 91.03 FEET TO A TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 27.83 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 23° 59'08" AN ARC LENGTH OF 11.65 FEET; THENCE SOUTH 29° 37'01"WEST
91.54 FEET TO A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 117.83 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 31'44", AN ARC
LENGTH OF 11.37 FEET; THENCE SOUTH 24° 05'17"WEST 88.46 FEET; THENCE SOUTH
22° 34'16"WEST 71.63 FEET; THENCE SOUTH 18° 38'35'WEST 97.03 FEET TO A TANGENT
CURVE TO THE LEFT HAVING A RADIUS OF 37.83 FEET; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 21° 09'15" AN ARC LENGTH OF 13.97 FEET; THENCE
SOUTH 02° 30'39"EAST 59.72 FEET; THENCE SOUTH 01° 02'41"EAST 103.01 FEET TO A
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 102.17 FEET; THENCE ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 28'08" AN ARC LENGTH OF 9.75
FEET; THENCE SOUTH 04° 25'27"WEST 166.45 FEET; THENCE SOUTH 02° 53'57"WEST
84.06 FEET; THENCE SOUTH 05° 08'09"WEST 253.64 FEET. MORE OR LESS, TO
INTERSECT THE EASTERLY BOUNDARY OF THE AFOREMENTIONED LOT 4, ALSO
BEING THE TRUE POINT OF BEGINNING OF SAID LINE;
THENCE NORTH 85° 56'31"WEST 11.00 FEET;
THENCE SOUTH 09° 03'18"WEST 92.14 FEET;
THENCE SOUTH 08° 48'42"WEST 303.88 FEET;
THENCE SOUTH 12° 45'48"WEST 104.09 FEET;
THENCE SOUTH 25° 23'50"WEST 86.60 FEET;
THENCE SOUTH 25° 20'33"WEST 68.76 FEET;
THENCE SOUTH 38° 49'42"WEST 101.40 FEET;
THENCE SOUTH 44° 41'33"WEST 136.86 FEET;
THENCE SOUTH 51° 32'05"WEST 39.48 FEET;
THENCE SOUTH 42° 25'31"WEST 86.33 FEET;
THENCE SOUTH 38° 32'53"WEST 59.01 FEET;
THENCE SOUTH 210 28'24"WEST 33.44 FEET;
THENCE SOUTH 27° 21'15"WEST 39.70 FEET;
THENCE SOUTH 32° 28'49"WEST 27.24 FEET;
THENCE SOUTH 23° 23'16"WEST 37.08 FEET;
THENCE SOUTH 15° 30'57"WEST 37.42 FEET;
THENCE SOUTH 14° 58'01"WEST 106.78 FEET;
THENCE SOUTH 130 28'46"WEST 244.28 FEET;
THENCE SOUTH 28° 22'51"WEST 105.94 FEET;
EASEMENT AGREEMENT
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Record Date:8/16/2021 3:54 PM King County, WA
THENCE SOUTH 40° 26'42"WEST 138.57 FEET;
THENCE SOUTH 55° 16'57"WEST 126.94 FEET;
THENCE SOUTH 73° 52'44"WEST 43.79 FEET;
THENCE NORTH 73° 53'09"WEST 110.35 FEET;
THENCE NORTH 56° 21'15"WEST 56.69 FEET;
THENCE NORTH 46° 50'59"WEST 91.23 FEET;
THENCE NORTH 41° 02'49"WEST 205.80 FEET;
THENCE NORTH 43° 27'13"WEST 127.54 FEET;
THENCE NORTH 59° 34'34"WEST 63.11 FEET;
THENCE NORTH 68° 02'14"WEST 99.92 FEET;
THENCE NORTH 74° 47'12"WEST 230.43 FEET;
THENCE NORTH 80° 55'56"WEST 39.02 FEET;
THENCE NORTH 85° 03'36"WEST 36.54 FEET;
THENCE NORTH 87° 58'10"WEST 36.57 FEET;
THENCE SOUTH 85° 34'07"WEST 72,53 FEET;
THENCE SOUTH 88° 18'20"WEST 36.58 FEET;
THENCE SOUTH 83° 52'19"WEST 37.25 FEET;
THENCE SOUTH 75° 46'32"WEST 36.92 FEET;
THENCE SOUTH 68° 53'17"WEST 73.78 FEET;
THENCE SOUTH 62° 26'44"WEST 74.86 FEET;
THENCE SOUTH 56° 58'22"WEST 68.87 FEET;
THENCE SOUTH 48° 12'09"WEST 70.37 FEET;
THENCE SOUTH 41° 33'40"WEST 70.63 FEET;
THENCE SOUTH 33° 06'01"WEST 70.95 FEET;
THENCE SOUTH 24° 39'11 "WEST 70.97 FEET;
THENCE SOUTH 16° 27'16"WEST 71.00 FEET;
THENCE SOUTH 08° 06'28"WEST 70.75 FEET;
THENCE SOUTH 00° 43'14"WEST 74.97 FEET;
THENCE SOUTH 11° 48'36"EAST 90.75 FEET;
THENCE SOUTH 20° 44'59"EAST 80.45 FEET;
THENCE SOUTH 340 1116"EAST 62.81 FEET;
THENCE SOUTH 35° 48'31"EAST 63.84 FEET;
THENCE SOUTH 48° 37'33"EAST 52.85 FEET;
THENCE SOUTH 54' 19'42"EAST 61.29 FEET;
THENCE SOUTH 56° 59'47"EAST 33.41 FEET;
THENCE SOUTH 63° 19'22"EAST 106.41 FEET;
THENCE SOUTH 67° 32'37"EAST 81.71 FEET;
THENCE SOUTH 71° 17'42"EAST 78.52 FEET;
THENCE SOUTH 71° 05'03"EAST 108.57 FEET;
THENCE SOUTH 700 10'18"EAST 71.25 FEET;
THENCE SOUTH 71' 49'25"EAST 163.47 FEET;
THENCE SOUTH 70° 1110"EAST 100.92 FEET;
THENCE SOUTH 63° 20'16"EAST 45.33 FEET;
THENCE SOUTH 59° 17'16"EAST 51.92 FEET;
THENCE SOUTH 51° 0713"EAST 31.43 FEET;
THENCE SOUTH 450 56'43"EAST 36.72 FEET;
THENCE SOUTH 38° 24'00"EAST 74.08 FEET;
THENCE SOUTH 300 08'47"EAST 76.56 FEET;
THENCE SOUTH 20° 19'00"EAST 40.81 FEET;
THENCE SOUTH 14° 48'00"EAST 37.71 FEET;
THENCE SOUTH 08° 19'43"EAST 48.07 FEET;
THENCE SOUTH 00° 27'56"WEST 48.63 FEET;
THENCE SOUTH 05° 34'43"WEST 56.16 FEET;
THENCE SOUTH 14° 09'47"WEST 41.27 FEET;
THENCE SOUTH 20° 26'08"WEST 48.21 FEET;
THENCE SOUTH 29' 45'00"WEST 50.60 FEET;
THENCE SOUTH 41° 12'03"WEST 36.19 FEET;
THENCE SOUTH 45° 36'05"WEST 56.73 FEET;
THENCE SOUTH 53° 44'02"WEST 42.63 FEET;
THENCE SOUTH 60° 02'39"WEST 40.14 FEET;
THENCE SOUTH 68° 37'07"WEST 68.14 FEET:
THENCE SOUTH 74° 36'29"WEST 26.72 FEET;
THENCE SOUTH 80' 48'11"WEST 56.37 FEET;
THENCE SOUTH 89° 02'25"WEST 55.17 FEET;
THENCE NORTH 89° 25'37"WEST 66.50 FEET;
EASEMENT AGREEMENT
PAGE I I
Instrument Number: 20210816001801 Document:EAS Rec: $215.50 Page -12 of 13
Record Date:8/16/2O21 3:54 PM King County, WA
THENCE NORTH 86° 53'34"WEST 169.24 FEET;
THENCE NORTH 870 06'15"WEST 103.57 FEET;
THENCE NORTH 88° 43'26"WEST 99.71 FEET;
THENCE NORTH 88° 26'45"WEST 84.47 FEET;
THENCE SOUTH 88° 50'57"WEST 75.21 FEET;
THENCE SOUTH 88° 05'30"WEST 71.11 FEET;
THENCE SOUTH 87° 23'14"WEST 83.70 FEET;
THENCE SOUTH 81° 56'51 "WEST 78.73 FEET;
THENCE SOUTH 78° 23'34"WEST 84.44 FEET;
THENCE SOUTH 71° 12'12"WEST 116.62 FEET;
THENCE SOUTH 66° 09'12"WEST 81.08 FEET;
THENCE SOUTH 62° 07'24"WEST 73.96 FEET;
THENCE SOUTH 55° 07'16"WEST 85.26 FEET;
THENCE SOUTH 52° 23'13"WEST 55.85 FEET;
THENCE SOUTH 54° 39'48"WEST 78.81 FEET;
THENCE SOUTH 45° 25'17"WEST 44.67 FEET;
THENCE SOUTH 36° 51'16"WEST 78.99 FEET;
THENCE SOUTH 37° 07'44"WEST 90.24 FEET:
THENCE SOUTH 31° 57'27"WEST 31.64 FEET;
THENCE SOUTH 30° 54'47"WEST 45.14 FEET;
THENCE SOUTH 24° 57'14"WEST 143.63 FEET;
THENCE SOUTH 14° 08'59"WEST 424.18 FEET, MORE OR LESS, TO THE NORTH RIGHT
OF WAY MARGIN OF A CROSS LEVEE EASEMENT, SAID EASEMENT BEING RECORDED
UNDER KING COUNTY RECORDING NO. 9109051216; ALSO BEING THE BEGINNING OF A
NON -TANGENT CURVE TO THE RIGHT, THE RADIAL CENTER OF WHICH BEARS NORTH
74° 17'55"WEST 720.00 FEET; THENCE SOUTHERLY ALONG THE EASTERLY MARGIN OF
SAID CROSS LEVEE EASEMENT AND ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 06° 10'56", AN ARC LENGTH OF 77.69 FEET TO AN ANGLE POINT ON THE
EAST LINE OF SAID CROSS LEVEE EASEMENT; THENCE NORTH 68° 06'59"WEST ALONG
THE SOUTH LINE OF SAID CROSS LEVEE EASEMENT 10.00 FEET; THENCE LEAVING
SAID EASEMENT,SOUTH 38° 16'03"WEST 101.16 FEET; THENCE SOUTH 260 59'00"WEST
131.33 FEET;
THENCE SOUTH 23° 05'47"WEST 330.53 FEET TO A TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 106.50 FEET; THENCE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 20° 53'32", AN ARC LENGTH OF
38.83 FEET; THENCE SOUTH 02° 13'35"WEST 789.62 FEET, MORE OR LESS, TO A POINT
ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2, SAID POINT
BEING SOUTH 89° 16'29"EAST AS MEASURED ALONG SAID SOUTH LINE AND 698.44
FEET DISTANT FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER;
THENCE CONTINUING SOUTH 02° 13'35"WEST 14.95 FEET, MORE OR LESS. TO THE
NORTH RIGHT OF WAY MARGIN OF SOUTH 200T" STREET, ALSO BEING THE TERMINUS
OF THIS LINE.
EXCEPT ANY PORTION THEREOF "IF ANY" LYING WITHIN THE RIGHT OF WAY OF
SOUTH 200TH STREET.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THOSE CERTAIN PARCELS
DEEDED TO GACO WESTERN INC. BY DEEDS RECORDED UNDER KING COUNTY
RECORDERS NO.'S 7308030425 AND 7306150553.
TOGETHER WITH A STRIP OF LAND LYING OVER, UNDER AND ACROSS A PORTION OF
GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE
W.M., KING COUNTY. WASHINGTON, SAID STRIP LYING WESTERLY, UPLAND AND TO
THE LEFT OF THE TOE OF THE LEFT BANK OF THE GREEN RIVER AND EASTERLY AND
RIVERWARD OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID
SECTION 2; THENCE SOUTH 89° 16'29"EAST ALONG THE NORTH LINE OF SAID
SOUTHWEST QUARTER A DISTANCE OF 1213.64 FEET TO THE POINT OF BEGINNING
FOR THIS LINE;
THENCE SOUTH 00° 43'31"WEST 102.57 FEET;
THENCE SOUTH 13° 07'38"EAST 40.72 FEET;
THENCE SOUTH 16° 47'40"EAST 38.80 FEET;
THENCE SOUTH 12° 52'27"EAST 31.28 FEET;
THENCE SOUTH 09° 01'22"EAST 24.39 FEET;
EASEMENT AGREEMENT
PAGE 12
Instrument Number: 20210816001801 Document:EAS Rec: $215.50 Page -13 of 13
Record Date:8/16/2021 3:54 PM King County, WA
THENCE SOUTH 03° 08'31"EAST 23.92 FEET;
THENCE SOUTH 000 09'10"WEST 101.24 FEET;
THENCE SOUTH 010 24'38"WEST 47.76 FEET;
THENCE SOUTH 02° 38'53"WEST 18.66 FEET;
THENCE SOUTH 07° 24'38"WEST 37.28 FEET;
THENCE SOUTH 090 23'03"WEST 21.11 FEET;
THENCE SOUTH 12° 30'55"WEST 21.07FEET;
THENCE SOUTH 15° 38'47"WEST 21.06 FEET;
THENCE SOUTH 190 03'58"WEST 32.16 FEET;
THENCE SOUTH 24° 01'27"WEST 18.10 FEET;
THENCE SOUTH 28° 39'09"WEST 36.25 FEET;
THENCE SOUTH 35° 55'45"WEST 67.26 FEET;
THENCE SOUTH 38° 48'03"WEST 83.62 FEET;
THENCE SOUTH 39° 27'07"WEST 130.45 FEET;
THENCE NORTH 89° 20'35"WEST 43.66 FEET;
THENCE SOUTH 33° 30'38"WEST 355.47 FEET;
THENCE SOUTH 340 50'23"EAST 67.38 FEET;
THENCE SOUTH 21° 59'01 "WEST 21.36 FEET:
THENCE SOUTH 21° 35'07"WEST 134.17 FEET, MORE OR LESS, TO A POINT ON THE
SOUTH LINE OF SAID GOVERNMENT LOT 8, SAID POINT BEING
SOUTH 89° 19'53"EAST 743.46 FEET, AS MEASURED ALONG SAID SOUTH LINE, FROM
THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 8, ALSO BEING THE TERMINUS
OF THIS LINE.
EXCEPT ANY PORTION THEREOF LYING WITHIN PARCEL "B" OF CITY OF TUKWILA
BOUNDARY LINE ADJUSTMENT NO. L 12-011 AS RECORDED UNDER KING COUNTY
RECORDING NO. 20130108900003.
ALSO EXCEPT ANY PORTION THEREOF LYING NORTHERLY OF THE NORTHERLY LINE
OF NEW PARCEL "B" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT
NO. L 15-0023 AS RECORDED UNDER KING COUNTY RECORDING
NO. 20150716900001.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 200T" STREET.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 204TH STREET.
ACCESS EASEMENT
EASEMENT AREA TWO
LEGAL DESCRIPTION
EASEMENT AREA TWO LYING SOUTHERLY OF THE THOSE CERTAIN PARCELS DEEDED
TO GACO WESTERN INC. BY DEEDS RECORDED UNDER KING COUNTY RECORDING
NUMBERS 7308030425 AND 7306150553, SAID EASEMENT AREA TWO BEING
DESCRIBED AS A STRIP OF LAND OF VARYING WIDTH LYING WESTERLY OF AND
ADJACENT TO THE ABOVE DESCRIBED FLOOD PROTECTION EASEMENT AREA ONE.
THE WESTERLY MARGIN OF THIS STRIP BEING 10.00 FEET WESTERLY OF, AS
MEASURED PERPENDICULAR TO AND BEING PARALLEL WITH THE WESTERLY TOE OF
SLOPE OF THE AFOREMENTIONED FLOOD PROTECTION EASEMENT AREA ONE AS
CURRENTLY CONSTRUCTED, RECONSTRUCTED AND OR RELOCATED IN THE FUTURE.
EASEMENT AGREEMENT
PAGE 13