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HomeMy WebLinkAboutOrd 2200 - Tukwila 205 Levee Repair Project Land AcquisitionWHEREAS, in 1991 the U.S. Army Corps of Engineers built a Federally- certified levee on the western bank of the Duwamish River, from I -405 southward to S. 196th Street where it turns westward and ties into the hillside; and WHEREAS, in 1991 the City of Tukwila and the U.S. Army Corps of Engineers entered into a Local Cooperative Agreement that obligated the City to make available without cost to the United States all lands, easements and rights -of -way necessary for the construction, operation and maintenance of the entire levee; and WHEREAS, during the November 2006 flood, the Tukwila levee suffered damage in nine different locations, two of which the U.S. Army Corps of Engineers has determined need immediate repair in order to maintain the levee's Federal certification; and City of Tukwila Washington Ordinance No. Q ao o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND FOR THE PURPOSE OF CONSTRUCTING THE TUKWILA 205 LEVEE REPAIR PROJECT AT SITES 3 AND 5; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING AND DAMAGING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFOR; PROVIDING FOR THE COST THEREOF; DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City needs to acquire the property and property rights necessary to facilitate repair of the levee within the time constraints set forth by the U.S. Army Corps of Engineers in their letter to the City, dated February 5, 2008; and WHEREAS, the City Council finds that public health, safety, necessity and convenience demand that Tukwila Section 205 Federally- Certified Levee be repaired within the City of Tukwila, in accordance with the U.S. Army Corps of Engineers direction, and that certain properties, property rights, and rights in property be condemned, appropriated, taken and damaged for public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and WHEREAS, the City is authorized by RCW 35A.64.200 and Chapter 8.12 RCW to initiate eminent domain proceedings for the condemnation of the property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Declaration of Necessity. The City Council has deemed it necessary and in the best interest of the citizens of Tukwila that the lands described in the attached Exhibit "A" and shown in Exhibit "B," and other property rights and or rights in property be condemned, appropriated, taken and damaged, for the purpose of repairing the Tukwila Section 205 Levee, Sites 3 and 5. The project requires significant reconstruction of the existing levee, to include placing new toe rock, lessening the over steepened river banks, constructing a mid -slope bench, providing vegetation to help C: \Documents and Settings \All Users\ Desktop \Kelly \MSDATA \Ordinances \Levee Condemnation.doc JM:ksn 4/1/2008 Page 1 of 2 cool the river, and related improvements to provide for future access to the sites for maintenance and repair activities. Section 2. Condemnation. Condemnation proceedings are hereby authorized to acquire property and property rights and or rights in property, together with the right to construct and maintain access easement on certain abutting properties described in the attached Exhibit "A" and shown in Exhibit "B" for the purpose of the subject levee repairs. Condemnation of the property is subject to the making or paying of just compensation to the owners or possessors thereof, in a manner provided by law. The Mayor is additionally authorized to make minor amendments to the legal descriptions of the properties described in Exhibit "A," as may be necessary to correct scrivener's errors or to conform any legal description to the precise boundaries of the property actually acquired for the levee repair described herein. Section 3. Authority of the City Attorney. The attorneys for the City of Tukwila are hereby authorized and directed to begin to prosecute the proceedings provided by law to condemn, take, and appropriate the land and other property and property rights necessary to carry out the provisions of this ordinance. Section 4. Compensation and Source of Funds. Compensation shall be made for the land taken and damaged. The costs and expenses for acquiring all interests and rights in said property shall be paid from the King County Flood Management Control District Fund. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OX TUKWILA, WASHINGTON, at a Council Meeting thereof this P 15T day of Hp ci L 2008. A 1°1'EST/ AUTHENTICATED: (1,„4.14 (9 'vie) Christy O'Fl CMC, City Clerk APPRO O 'ce ltttity y Y: Attachments: Exhibit Easements: Exhibit B Site Plans: Hagger Mayor r Filed with the City Clerk: O Passed by the City Council: L Published: u 7).t4 Effective Date: U q Ordinance Number: ©O 1- Wells Fargo Bank, N.A. 2 La Pianta, LLC 3 Lily Pointe Investments, LLC 1 Tukwila 205 Levee Rehabilitation, Site 3 2 Tukwila 205 Levee Rehabilitation, Site 5 C: \Documents and Settings \All Users\ Desktop \Kelly \MSDATA \Ordinances \Levee Condemnation.doc JM:ksn 4/21/2008 Page 2 of 2 EXHIBIT B-1 TUKWILA 205 LEVEE REPAIR SITE 5 GENERAL SITE PLAN LAND ACQUISITION VICINITY MAP SOUTH 80TH STREET C PROPOSED PASS THROUGH BENCH V 1 PAVED ACCESS THROUGH PARKING LOT CREATE CCESS RAMP TO LEVEE PROPOSED TAGING ARE (TEMPORAR WORK AREA E ENT) NOTES: 1. SITE 3 IS IN SECTION 35. TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MEREMAN. KING COUNTY, wk 2. MAPPING COMPILED FROM FEBRUARY 2006 AERIAL PHOTOS. MAPPING BY 3Di WEST FOR KING COUNTY DNR AND PARK. MAP SCALE: r•100'. CONTOUR INTERVAL: 2 FOOT. HORIZONTAL DATUM NA083 91 (HAM WA -STATE PLAN N. ZONE (FEET). VERTICAL DATUM: NAVD 88. MAP HAS NOT BEEN COMPREHENSIVELY VERIFIED BY FELD CHECKS. 3. TEMPORARY WORK AREA EASEMENT EXTENDS 30 RIVERWARD FOR LWD PLACEMENT ALONG TOE DURING CONSTRUCTION. 5 Exhibit B-1 PROPOSED ACCESS PROPOSED STAGING AREA (TEMPORARY WORK AREA EASEMENT) TEMPORARY WORK AREA EASEMENT PROJECT FOOTPRINT 50. 25 0 SC^ )00 1 50' IF SHEET MEASURFS 1 PSC TUAN 55 2 22 Ad" IT LC EI US Army Corp hvgileers Um* Rada Rote number c- 1 o1 Sheet of EXHIBIT B-2 TUKWILA 205 LEVEE REPAIR SITE 5 GENERAL SITE PLAN LAND ACQUISITION VICINITY MAP Recording Requested By and Exhibit A -1 When Recorded Mail To: Reference City Ordinance No. 2200 The City of Tukwila Department of Public Works 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Attn: Ryan Larson EASEMENT Grantor(s): Wells Fargo Bank, N.A., a national banking association Grantee(s): The City of Tukwila, a municipal corporation of the State of Washington, and The King County Flood Control Zone District, a quasi municipal corporation Legal Description (abbreviated): Ptn. NW1 /4, 36 -23 -04 Additional legal description on pages 6 13, hereinafter called Exhibits A E. Assessor's Tax Parcel ID 362304 -9094; 362304 -9095; 362304 -9079; 362304 -9017 Project: Tukwila -205 Levee THIS AGREEMENT made this day of 2008, by and between Wells Fargo Bank, N.A., a national banking association, hereinafter called the Grantor(s), and The City of Tukwila, a municipal corporation of the State of Washington, and The King County Flood Control Zone District, a quasi municipal corporation, hereinafter collectively called the "Grantees Grantor(s), in consideration of mutual benefits and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, hereby grant and convey to the Grantee(s), their successors and assigns, agents and licensees easements (the "Easements for the purposes set forth herein, under, over and upon those limited portions of the Property described in Exhibit A which are more particularly described in Exhibits B, C, D and E attached hereto, and by this reference made a part hereof, situated in King County, Washington: 1. Flood Protection Levee Easement. A perpetual and assignable right and easement in favor of the Grantees in the land described in Exhibit B to construct, maintain, repair, operate, patrol and replace a flood protection levee, pursuant to Public Law 84 -99 Levee Restoration for the Lower Green River Section 205 Flood Protection Project, Job No.GRE -3 -07, including all appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads, and pipelines. Page 1 of 13 2. Access Road Easement. A perpetual and assignable easement and right -of- way in favor of the Grantee(s) in, on, over and across the land described in Exhibit C for the location, construction, operation, maintenance, alteration, and replacement of a levee access road and appurtenances thereto; together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other vegetation, obstructions, structures, or obstacles within the limits of the easement and right -of -way; reserving however, to the Grantor(s), their heirs and assigns, the rights to cross over or under the easement and right -of -way for access to their adjoining land; subject however, to existing easements for public roads and highways, public utilities, railroads, and pipelines. 3. Temporary Work Area Easement. A temporary and assignable easement and right of way in favor of the Grantee(s) in, on, over and across the land described in Exhibit D for a period not to exceed 2 years beginning with the date of this instrument, for the pupose of a work area, including the right to borrow and/or deposit fill and waste material thereon, move, store and remove equipment and supplies, erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of a Flood Protection Levee, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other vegetation, obstructions, structures, or obstacles within the limits of the temporary work area easement; reserving however, to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or the rights and easement hereby acquired. A map showing the location of said easements is attached as Exhibit E. Grantor(s) shall have the right to place locked bollards across the Flood Protection Levee Easement and Road Access Easement (collectively the "Easements so long as the Grantee(s) are provided a key or combination to access the Easements. Grantee(s) shall give notice to the Grantor(s) prior to any use of the Easements for the use, operation or hauling of heavy equipment, including, but not limited to, dump trucks, excavators and bulldozers. Nothing in this grant shall be deemed to be a grant of access to the general public or for recreational uses. The scope of this grant is expressly limited to the Grantee(s), their employees and contractors, for the limited purposes described in this Easement. If in the use of the easements granted above, the Grantee shall damage other property of the Grantor or shall cause damage to the easement area as a result of activity that is not permitted by the easement, each Grantee shall repair, replace and restore, at the Grantee's sole expense, said damage. Each Grantee shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars per occurance, and provide Grantor with a certificate of insurance or self insurance and will name Grantor, its successors and assigns as Additional Insureds in the event one or both of the Grantee(s) should choose not to Page 2 of 13 self insure. Each Grantee may self insure its obligations hereunder. Other than in the event of Grantor's gross negligence, each Grantee shall indemnify and hold Grantor, its successors and assigns harmless from all claims, damages or causes of action, including attorneys' fees and court costs, arising from that Grantee's use of the Easements. The rights, conditions, covenants and provisions contained in this Easement 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. WITNESSETH, the said Grantor(s) have hereunto signed their names the day and year first above written. GRANTOR: Wells Fargo Bank, N.A., a national banking association By: Name: Title: GRANTEE: The City of Tukwila, a municipal corporation of the State of Washington By: Name: Title: GRANTEE: The King County Flood Control Zone District, a quasi- municipal corporation By: Name: Title: Page 3 of 13 STATE OF WASHINGTON ss. COUNTY OF KING On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of Wells Fargo Bank, N.A., a national banking association that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Wells Fargo Bank, N.A., a national banking association 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. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON ss. COUNTY OF KING On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of the City of Tukwila, a municipal corporation of the State of Washington, that executed the within and foregoing instrument, and acknowledged 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 was duly elected, qualified and acting as said officer of the corporation, that 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. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 4 of 13 STATE OF WASHINGTON ss. COUNTY OF KING On On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of the King County Flood Control Zone District, a quasi- public corporation, that executed the within and foregoing instrument, and acknowledged 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 was duly elected, qualified and acting as said officer of the corporation, that 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. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 5of13 PARCEL A: That portion of Government Lot 4, Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36 a distance of 1,320.01 feet to the northwest corner of said Government Lot 4; Thence south 88 °04'53" east along the centerline of South 180th Street, a distance of 431.81 feet; Thence south 01 °55'07" west a distance of 36.00 feet to the southerly margin of said South 180th Street and the TRUE POINT OF BEGINNING; Thence south 88 °04'53" east along said southerly margin a distance of 257.94 feet; Thence south 11 °05'55" east a distance of 70.94 feet; Thence south 07 °39'54" east a distance of 50.09 feet; Thence south 09 °22'49" east a distance of 50.02 feet; Thence south 15 °06'12" east a distance of 39.16 feet; Thence north 88 °04'53" west a distance of 353.52 feet; Thence north 01 °55'07" east a distance of 155.00 feet; Thence along a curve to the right having a radius of 50.00 feet, an arc distance of 78.54 feet through a central angle of 90 °00'00" to the TRUE POINT OF BEGINNING; EXCEPT THAT PORTION conveyed to the City of Tukwila by deed recorded as Recording Number 9203301074. PARCEL B: EXHIBIT A UNDERLYING PROPERTY PARCEL(S) LEGAL DESCRIPTION That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36, a distance of 1320.01 feet to the northwest corner of said Government Lot 4; Thence south 88 °04'53" east along the centerline of South 180 Street a distance of 381.81 feet; Thence south 01°55'07" west a distance of 341.00 feet to the north line of property conveyed to David F. Bolger by deed recorded under Recording Number 7606290589 and the TRUE POINT OF BEGINNING; Thence north 01 °55'07" east, a distance of 100 feet to the south line of property described in Recording Number 6356645; Page 6 of 13 Thence south 88 °04'53" east, along said south line 353.52 feet, more or less, to the easterly boundary of said Government Lot 4; Thence southerly, along said easterly boundary, to the northeast corner of said Bolger property; Thence north 88 °04'53" west, along said northerly line of the Bolger property, a distance of 376.00 feet, more or less, to the TRUE POINT OF BEGINNING. PARCEL C: That portion of Government Lot 4 in Section 36 and that portion of Government Lot 1 in Section 35, ALL in Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the Northwest corner of said Section 36; Thence South 01 19 01 West along the West line of said Section 36 a distance of 1355.89 feet to the South margin of South 180th Street; Thence Easterly along a curve to the left, the center of which bears North 02 45 45 East having a radius of 336.00 feet, an arc distance of 9.00 feet through a central angle of 01 32 04 to the South line of the North 36 feet of said Government Lot 4; Thence South 88 46 19 East along said South line a distance of 274.81 feet; Thence along a curve to the right having a radius of 50.00 feet an arc distance of 78.54 feet through a central angle 90 00 00 Thence South 01 13 41 West a distance of 58.00. feet to the TRUE POINT OF BEGINNING; Thence continuing South 01 13 41 West a distance of 197.00 feet; Thence North 88 46 19 West a distance of 2.00 feet; Thence South 69 38 41 West a distance of 187.60 feet, more or less, to a line 30 feet Easterly and parallel to the West boundary line of said Government Lot 4; Thence Northwesterly along said line 30 feet Easterly of and parallel to the West boundary line of said Governenment Lot 4 and a line 30 feet Easterly of and parallel to the West boundary line of said Government Lot 1 with the following bearings and distances: NORTH 36 40 03 West a distance of 169.42 feet and North 38 32 31 West a distance of 172.15 feet to a line 144.00 feet South of and parallel to the North line of said Government Lot 4; Thence South 88 46 19 East along said line a distance of 390.63 feet, more or less, to the TRUE POINT OF BEGINNING. Page 7 of 13 PARCEL D: That portion of Goverment Lot 4 in Section 36 and that portion of Governemnt Lot 1 in Section 35, ALL in Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the Northwest corner of said Section 36; Thence South 01 19 01 West along the West line of said Section 26 a distance of 1355.89 feet to the South margin of South 180th Street; Thence Easterly along a curve to the left, the center of which bears North 02 45 45 East having a radius of 336.00 feet, an arc distance of 9.00 feet through a central angle of 01 32 04 to the South line of the North 36 feet of said Government Lot 4; Thence South 88 46 19 East along said South line a distance of 274.81 feet; Thence along a curve to the left having a radius of 50.00 feet an arc distance of 78.54 feet through a central angle of 90 00' 00 Thence South 01 13 41 West a distance of 255.00 feet; Thence North 88 46 19 West a distance of 2.00 feet; Thence South 69 38 41 West a distance of 187.60 feet, more or less, to a line 30 feet Easterly of and parallel to the West boundary line of said Government Lot 4 and the TRUE POINT OF BEGINNING; Thence continuing South 69 38 41 West a distance of 31.26 feet to the West boundary line of said Government Lot 4; Thence Northwesterly along the West boundary line of said Government Lot 4 and said Government Lot 1 with the following bearings and distances: North 36 40 03 West a distance of 160.24 feet and North 38 32 31 West a distance of 196.53 feet to a line 144.00 feet South of and parallel to the North line of said Government Lot 4; Thence South 88 46 19 East along said line a distance of 39.03 feet to a line 30 feet Easterly of and parallel to the West boundary line of said Government Lot 1; Thence Southeasterly along said line 30 feet Easterly of the West boundary line of Government Lot 1 and Government Lot 4 with the following bearings and distances; South 38 32' 31 East a distance of 172.15 feet and South 36 40 03 East a distance of 169.42 feet to the TRUE POINT OF BEGINNING. Page 8 of 13 PARCEL E: That portion of Government Lot 4 in Section 36, and that portion of Government Lot 1 in Section 35, ALL in Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the Northwest corner of said Section 36; Thence South 01 19 01 West along the West line of said Section 36, a distance of 1,355.89 feet to the South margin of South 180th Street and the TRUE POINT OF BEGINNING; Thence Easterly along a curve to the left, the center of which bears North 02 45 45 East, having a radius of 336.00 feet, an arc distance of 9.00 feet through a central angle of 01 32 04 to the South line of the North 36 feet of said Government Lot 4; Thence South 88 46 19 East along said South line, a distance of 274.81 feet; Thence along a curve to the right having a radius of 50.00 feet, an arc distance of 78.54 feet through a central angle of 90 00' 00 Thence South 01 13 41 West, a distance of 58.00 feet; Thence North 88 46 19 West to the Southwesterly line of Government Lot 1 of said Section 35; Thence Northwesterly along said Southwesterly line to the Western extension of the North line of Government Lot 4 in said Section 36; Thence South 88 46 19 East along said Westerly extension to a point 142.38 feet West of the Northwest corner of said Government Lot 4; Thence on a curve to the left, the center of which bears North 27 59 36 East, having a radius of 336.00 feet, an arc distance of 147.96 feet to the TRUE POINT OF BEGINNING. PARCEL F: An undivided one quarter interest in the private roadway being known as "Sperry Drive described as follows: Beginning at the Nothwest corner of said Government Lot 4; Thence South 88 04 53 east along the centerline of South 188th Street a distance of 431.81 feet; Thence South 01 55 07 West a distance of 36.00 feet to the Southerly margin of said South 180th Street and the TRUE POINT OF BEGINNING; Thence along a curve to the left having a radius of 50.00 feet, an arc distance of 78.54 feet through a central angle of 90 00 00 Thence South 01 55 07 West a distance of 255.00 feet; Thence North 88 04 53 West a distance of 48.00 feet; Thence North 01 55 07 East a distance of 255.00 feet; Thence along a curve to the left having a radius of 50.00 feet, an arc distance of 78.54 feet, through a central angle of 90 00' 00 Thence South 88 04 53 East a distance of 148.00 feet to the TRUE POINT OF BEGINNING. Page 9 of 13 EXHIBIT B FLOOD PROTECTION LEVEE EASEMENT LEGAL DESCRIPTION All those portions of Parcels C, D, and E, Exhibit A herein, lying southwesterly and riverward of a line described as follows: Beginning at the Southeast corner of said Parcel C, and running thence along the Southerly boundary line North 88° 46' 19" West a distance of 2.00 feet, and South 69° 38' 41" West a distance of 143.8 feet to the TRUE POINT OF BEGINNING; Thence North 36° 25' 56" West a distance of 477.6 feet more or less to the Northerly boundary of said Parcel E and the terminus of the line so described. Also, all those portions of Parcels A and B, Exhibit A herein, lying Easterly of a line described as follows: Beginning at the southwest corner of said Parcel B, and running along the Southerly boundary line South 88° 04' 53" East 319.9 feet to the TRUE POINT OF BEGINNING; Thence North 15° 10' 08" West a distance of 316.8 feet more or less to the Northerly boundary of said Parcel A and the terminus of the line so described. Page l0 of 13 EXHIBIT C PERMANENT ACCESS ROAD EASEMENT LEGAL DESCRIPTION That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W.M., in King County Washington, being a strip of land 30 feet in width, lying 15 feet on either side of a centerline described as follows: Beginning at the northwest corner of said section 36; Thence south 01 °19'01" west along the west line of said section 36 a distance of 1,320.01 feet to the northwest corner of said Government Lot 4; Thence south 88 °04'53" east along the centerline of South 180 Street, a distance of 381.81 feet; Thence south 01 °55'07" west a distance of 291.00 feet to a point located 50 feet northerly from the north line of property conveyed to David R. Bolger by deed recorded under Recording Number 7606290589 and the True Point of Beginning; Thence south 88 °04'53" east along said south line 353.52 feet more or less, to the easterly boundary of said Government Lot 4. Also, That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W.M., in King County Washington, described as follows: Beginning at the northwest corner of said section 36; Thence south 01 °19'01" west along the west line of said section 36 a distance of 1,355.89 feet; Thence easterly along a curve to the left, the center of which bears north 02 °45'45" east having a radius of 336.00 feet, an are distance of 9.00 feet, through a central angle of 01°32'04" to the south line of the north 36 feet of Government Lot 4 of said Section 36; Thence south 88 °46' 19" east along said south line a distance of 422.81 feet to the True Point of Beginning; Thence along a curve to the left, the center of which bears south 01°13'41" west having a radius of 50.00 feet, an arc distance of 78.54 feet, through a central angle of 90 °00'00 Thence south 01 °13'41' west a distance of 255.00 feet; Thence north 88 °46' 19" west a distance of 48.00 feet; Thence north 01 °13'41" east a distance of 255 feet; Thence along a curve to the left, having a radius of 50.00 feet, an arc distance of 78.54 feet, through a central angle of 90 °00'00; Thence south 88°46'19" east a distance of 148.00 feet to the point of beginning. Page 11 of 13 EXHIBIT D TEMPORARY WORK AREA EASEMENT That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W.M., in King County Washington, described as follows: Beginning at the northwest corner of said section 36; Thence south O1 °19'01" west along the west line of said section 36 a distance of 1,320.01 feet to the northwest corner of said Government Lot 4; Thence south 88 °04'53" east along the centerline of South l80 Street, a distance of 381.81 feet; Thence south 01 °55'07" west a distance of 341.00 feet to the north line of property conveyed to David R. Bolger by deed recorded under Recording Number 7606290589 and the True Point of Beginning; Thence north 01 °55'07" east a distance of 100 feet to the south line of property described in Recording Number 6356645; Thence south 88 °04'53" east along said south line 353.52 feet more or less, to the easterly boundary of said Government Lot 4; Thence southerly along said easterly boundary, to the northeast corner of said Bolger property; Thence north 88 °04'53" west along said northerly line of the Bolger property, a distance of 376.00 feet, more or less to the True Point of Beginning. Excepting therefrom, the north 20 feet. Page 12 of 13 Page 13 of 13 EXHIBIT E TUKWILA 205 SITE 3 EASEMENTS AERIAL PHOTO MAP Recording Requested By And Exhibit A -2 When Recorded Mail To: Reference City Ordinance No. 2200 The City of Tukwila Department of Public Works 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Attn: Ryan Larson EASEMENT Grantor(s): La Pianta, LLC, a Washington Limited Liability Company Grantee(s): The City of Tukwila, a municipal corporation of the State of Washington, and The King County Flood Control Zone District, a quasi municipal corporation of the State of Washington Legal Description (abbreviated): Ptn. Gov. Lot 2 and 5, 35 -23 -4 Additional legal description on page 6 -10, hereinafter called Exhibit A -E. Assessor's Tax Parcel ID 3523049121 Project: Tukwila -205 Levee THIS AGREEMENT made this day of 2008, by and between La Pianta, LLC, a Washington Limited Liability Company, hereinafter called the Grantor(s), and The City of Tukwila, a municipal corporation of the State of Washington, and The King County Flood Control Zone District, a quasi municipal corporation of the State of Washington, hereinafter collectively called the "Grantees Grantor(s), in consideration of mutual benefits and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, hereby grant and convey to the Grantee(s), their successors and assigns, agents and licensees easements (the "Easements for the purposes set forth herein, under, over and upon those limited portions of the Property described in Exhibit A which are more particularly described in Exhibits B, C, and D attached hereto, and by this reference made a part hereof, situated in King County, Washington: 1. Flood Protection Levee Easement. A perpetual and assignable right and easement in favor of the Grantees in the land described in Exhibit B to construct, maintain, repair, operate, patrol and replace a flood protection levee, including all appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads, and pipelines. Page 1 of 10 2. Access Road Easement. A perpetual and assignable easement and right -of- way in favor of the Grantee(s) in, on, over and across the land described in Exhibit C for the location, construction, operation, maintenance, alteration, and replacement of a levee access road and appurtenances thereto; together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other vegetation, obstructions, structures, or obstacles within the limits of the easement and right -of -way; reserving however, to the Grantor(s), their heirs and assigns, the rights to cross over or under the easement and right -of -way for access to their adjoining land; subject however, to existing easements for public roads and highways, public utilities, railroads, and pipelines. 3. Temnorary Work Area Easement. A temporary and assignable easement and right of way in favor of the Grantee(s) in, on, over and across the land described in Exhibit D for a period not to exceed 2 years beginning with the date of this instrument, for the pupose of a work area, including the right to borrow and/or deposit fill and waste material thereon, move, store and remove equipment and supplies, erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of a Flood Protection Levee, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other vegetation, obstructions, structures, or obstacles within the limits of the temporary work area easement; reserving however, to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or the rights and easement hereby acquired. A map showing the location of said easements is attached as Exhibit E. Grantor(s) shall have the right to place locked bollards across the Flood Protection Levee Easement and Road Access Easement (collectively the "Easements so long as the Grantee(s) are provided a key or combination to access the Easements. Grantee(s) shall give notice to the Grantor(s) prior to any use of the Easements for the use, operation or hauling of heavy equipment, including, but not limited to, dump trucks, excavators and bulldozers. Nothing in this grant shall be deemed to be a grant of access to the general public or for recreational uses. The scope of this grant is expressly limited to the Grantee(s), their employees and contractors, for the limited purposes described in this Easement. If in the use of the easements granted above, the Grantee shall damage other property of the Grantor or shall cause damage to the easement area as a result of activity that is not permitted by the easement, each Grantee shall repair, replace and restore, at the Grantee's sole expense, said damage. Each Grantee shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars per occurance, and provide Grantor with a certificate of insurance or self insurance and will name Grantor, its successors and assigns as Additional Insureds in the event one or both of the Grantee(s) should choose not to Page 2 of 10 self insure. Each Grantee may self insure its obligations hereunder. Other than in the event of Grantor's gross negligence, each Grantee shall indemnify and hold Grantor, its successors and assigns harmless from all claims, damages or causes of action, including attorneys' fees and court costs, arising from that Grantee's use of the Easements. The rights, conditions, covenants and provisions contained in this Easement 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. WITNESSETH, the said Grantor(s) have hereunto signed their names the day and year first above written. GRANTOR: La Pianta LLC, a Washington limited liability company By: Name: Title: GRANTEE: The City of Tukwila, a municipal corporation of the State of Washington By: Name: Title: GRANTEE: The King County Flood Control Zone, a quasi municipal corporation By: Acting pursuant to Resolution No. FCZD2008 -01.2 of said Grantee Name: Title: of Kim County Page 3 of 10 STATE OF WASHINGTON ss. COUNTY OF KING On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of La Pianta 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. STATE OF WASHINGTON ss. COUNTY OF KING Print Name: Notary Public in and for the State of Washington, residing at My commission expires: On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of the City of Tukwila, a municipal corporation of the State of Washington, that executed the within and foregoing instrument, and acknowledged 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 was duly elected, qualified and acting as said officer of the corporation, and that 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. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 4 of 10 STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she is authorized to execute the instrument and acknowledged it as the of King County, acting on behalf of the King County Flood Control Zone District pursuant to Resolution FCZD2008- 01.2 of said District to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 5of10 EXHIBIT A UNDERLYING PROPERTY PARCEL(S) LEGAL DESCRIPTION Lot 4 as shown on Boundary Line Adjustment No. 93 -0085 recorded under recording number 9311301961. Also, Parcels A and D shown on Boundary Line Adjustment No. L02 -029, recorded under recording number 20021007900001. Also, Parcel B shown on Boundary Line Adjustment No. L99 -0008, recorded under recording number 9906099010. Page 6 of 10 EXHIBIT B FLOOD PROTECTION LEVEE EASEMENT LEGAL DESCRIPTION All those portions of land described as Lot 4 as shown on Boundary Line Adjustment No. 93- 0085 recorded under recording number 9311301961, and land described as Parcel "D" on Boundary Line Adjustment No. L02 -029, recorded under recording number 20021007900001, lying westerly of the ordinary high water mark on the left bank of the Green River and easterly of a line described as follows: Beginning at the northeasterly corner of Lot 4 as shown on said Boundary Line Adjustment No. 93 -0085, and running; thence S 73 °56'55" W a distance of 50.00 feet; thence S 80 °26'28" W a distance of 25.50 feet; thence S 17 °13'44" W a distance of 20.57 feet; thence S 20 °27'44" W a distance of 23.34 feet; thence S 23 °16'07" W a distance of 25.41 feet; thence S 26 °53'22" W a distance of 26.10 feet; thence S 30 °45'02" W a distance of 109.93 feet; thence S 23 °46'33" W a distance of 84.31 feet; thence S 21 °44'32" W a distance of 21.61 feet; thence S 19 °16'32" W a distance of 60.42 feet; thence S 08 °53'38" W a distance of 48.60 feet; thence S 01 °37'43" W a distance of 171.34 feet; thence S 05 °08' 12" W a distance of 600.43 feet to a point on the easterly boundary line of said Lot 4, distant thereon 358 feet northerly more or less from the southeast corner of said Lot 4; thence running southerly and along said easterly boundary to the southeast corner of Lot 4 and the terminus of the line described herein. Page 7 of 10 EXHIBIT C PERMANENT ACCESS ROAD EASEMENT LEGAL DESCRIPTION A strip of land over and upon Lot 4 as shown on Boundary Line Adjustment No. 93 -0085 recorded under recording number 9311301961, measuring 30 feet in width, 15 feet on each side of a centerline which is described as follows: Beginning on the westerly boundary line of said Lot 4 at a point located 87.60 feet northerly from the southwest corner thereof; thence S 63 °58'20" E a distance of 366 feet more or less to the ordinary high water mark on the left bank of the Green River, and the terminus of said centerline. Also, all that portion of Parcel A and B shown on Boundary Line Adjustment No. L99 -0008, recorded under recording number 9906099010, that is referred to as 60' Road/Utility Easement, Segale Drive "A Page 8 of 10 EXHIBIT D TEMPORARY CONSTRUCTION ROAD ACCESS EASEMENT LEGAL DESCRIPTION All of Lot 4 as shown on Boundary Line Adjustment No. 93 -0085 recorded under recording number 9311301961. Page 9 of 10 EXHIBIT E AERIAL PHOTO MAP OF PROPERTY AND EASEMENTS Page 10 of l0 Recording Requested By and Exhibit A -3 When Recorded Mail To: Reference City Ordinance No. 2200 The City of Tukwila Department of Public Works 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Attn: Ryan Larson EASEMENT Grantor(s): Lily Pointe Investments, LLC, a Washington Limited Liability Company Grantee(s): The City of Tukwila, a municipal corporation of the State of Washington, and The King County Flood Control Zone District, a quasi- municipal corporation of the State of Washington Legal Description (abbreviated): Ptn. NW1 /4, 36 -23 -04 Additional legal description on page 5 -8, hereinafter called Exhibit A -D. Assessor's Tax Parcel 362304-9087-04 Project: Tukwila -205 Levee THIS AGREEMENT made this day of 2008, by and between Lily Pointe Investments, LLC, a Washington Limited Liability Company, hereinafter called the Grantor(s), and The City of Tukwila, a municipal corporation of the State of Washington, and and The King County Flood Control Zone District, a quasi municipal corporation of the State of Washington, hereinafter collectively called the "Grantees Grantor(s), in consideration of mutual benefits and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, hereby grant and convey to the Grantee(s), their successors and assigns, agents and licensees easements (the "Easements for the purposes set forth herein, under, over and upon those limited portions of the Property described in Exhibit A which are more particularly described in Exhibits B, C, and D attached hereto, and by this reference made a part hereof, situated in King County, Washington: 1. Flood Protection Levee Easement. A perpetual and assignable right and easement in favor of the Grantees in the land described in Exhibit B to construct, maintain, repair, operate, patrol and replace a flood protection levee, including all appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads, and pipelines. 2. Access Road Easement. A perpetual and assignable easement and right -of- way in favor of the Grantee(s) in, on, over and across the land described in Exhibit C Page 1 of 8 for the location, construction, operation, maintenance, alteration, and replacement of a levee access road and appurtenances thereto; together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other vegetation, obstructions, structures, or obstacles within the limits of the easement and right -of -way; reserving however, to the Grantor(s), their heirs and assigns, the rights to cross over or under the easement and right -of -way for access to their adjoining land; subject however, to existing easements for public roads and highways, public utilities, railroads, and pipelines. A map showing the location of said easements is attached as Exhibit D. Grantor(s) shall have the right to place locked bollards across the Flood Protection Levee Easement and Road Access Easement (collectively the "Easements so long as the Grantee(s) are provided a key or combination to access the Easements. Grantee(s) shall give notice to the Grantor(s) prior to any use of the Easements for the use, operation or hauling of heavy equipment, including, but not limited to, dump trucks, excavators and bulldozers. Nothing in this grant shall be deemed to be a grant of access to the general public or for recreational uses. The scope of this grant is expressly limited to the Grantee(s), their employees and contractors, for the limited purposes described in this Easement. If in the use of the easements granted above, the Grantee shall damage other property of the Grantor or shall cause damage to the easement area as a result of activity that is not permitted by the easement, each Grantee shall repair, replace and restore, at the Grantee's sole expense, said damage. Each Grantee shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars per occurance, and provide Grantor with a certificate of insurance or self insurance and will name Grantor, its successors and assigns as Additional Insureds in the event one or both of the Grantee(s) should choose not to self insure. Each Grantee may self insure its obligations hereunder. Other than in the event of Grantor's gross negligence, each Grantee shall indemnify and hold Grantor, its successors and assigns harmless from all claims, damages or causes of action, including attorneys' fees and court costs, arising from that Grantee's use of the Easements. The rights, conditions, covenants and provisions contained in this Easement 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. Page 2 of 8 WITNESSETH, the said Grantor(s) have hereunto signed their names the day and year first above written. GRANTOR: Lily Pointe Investments, LLC, a Washington limited liability company By: Name: Title: GRANTEE: The City of Tukwila, a municipal corporation of the State of Washington By: Name: Title: GRANTEE: The King County Flood Control Zone, a quasi municipal corporation By: Acting pursuant to Resolution No. FCZD2008 -01.2 of said Grantee Name: Title: of Kina County STATE OF WASHINGTON ss. COUNTY OF KING On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of Lily Pointe Investments, 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. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 3 of 8 STATE OF WASHINGTON ss. COUNTY OF KING On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of the City of Tukwila, a municipal corporation of the State of Washington, that executed the within and foregoing instrument, and acknowledged 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 was duly elected, qualified and acting as said officer of the corporation, that 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. STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she is authorized to execute the instrument and acknowledged it as the of King County, acting on behalf of the King County Flood Control Zone District pursuant to Resolution FCZD2008 -01.2 of said District to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 4 of 8 EXHIBIT A UNDERLYING PROPERTY PARCEL(S) LEGAL DESCRIPTION That portion of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36, a distance of 1,355.89 feet; Thence easterly along a curve to the left, the center of which bears north 02 °45'45" east, having a radius of 336.00 feet, an arc distance of 9.00 feet, through a central angle of O1 °32'04" to the south line of the north 36 feet of Government Lot 4 in said Section 36; Thence south 88 °46'19" east along said south line a distance of 372.81 feet; Thence south 01°13'41" west a distance of 305.00 feet; Thence north 88 °46'19 west a distance of 50.00 feet to the TRUE POINT OF BEGINNING; Thence south 88 °46'41" east along a line 100 feet south of and parallel to the south line of that parcel of land leased to Sperry Rand Corporation as surveyed and monumented on the ground in 1968, and recorded under King County Recording Number 6356645, a distance of 420.58 feet, more or less, to the top of the left bank of the Green River; Thence along said top of the left bank of the Green River the following courses and distances: south 07 °00' east a distance of 115 feet; south 01°06' west a distance of 104 feet; south 09°1T west a distance of 106 feet; south 26 °49' west a distance of 102 feet; south 47 °21' west a distance of 103 feet; south 60 °15' west a distance of 40 feet; south 74 °35' west a distance of 60 feet; Thence west a distance of 106 feet; north 67 °30' west a distance of 107 feet; north 26 °19' west a distance of 104 feet; north 20 °2T west a distance of 103 feet; north 21°54' west a distance of 105 feet; north 32 °38' west a distance of 116 feet; north 44 °04' west a distance of 34 feet, more or less, to a point from which the TRUE POINT OF BEGINNING bears north 69 °38'41" east; Thence leaving said top of left bank north 69 °38'41" east a distance of 225 feet, more or less, to the TRUE POINT OF BEGINNING; Page 5 of 8 EXHIBIT B FLOOD PROTECTION LEVEE EASEMENT LEGAL DESCRIPTION That portion of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, lying landward of the ordinary high water mark of the left bank of the Green River and riverward of a line described as follows: Beginning at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36, a distance of 1,355.89 feet; Thence easterly along a curve to the left, the center of which bears north 02 °45'45" east, having a radius of 336.00 feet, an arc distance of 9.00 feet, through a central angle of O1 °32'04" to the south line of the north 36 feet of Government Lot 4 in said Section 36; Thence south 88 °46'19" east along said south line a distance of 372.81 feet; Thence south 01°13'41" west a distance of 305.00 feet; Thence north 88 °46'19 west a distance of 50.00 feet to the herinafter referred to as point "A Thence south 88 °46'41" east along a line 100 feet south of and parallel to the south line of that parcel of land leased to Sperry Rand Corporation as surveyed and monumented on the ground in 1968, and recorded under King County Recording Number 6356645, a distance of 369.60 feet to the TRUE POINT OF BEGINNING OF SAID DESCRIBED LINE, thence the following courses and distances: south 01°52'11" east a distance of 35.17 feet; south 01 °51'04" east a distance of 122.78 feet; south 01 °44'32" west a distance of 104.47 feet; south 12 °11'25" west a distance of 36.04 feet; south 20 °48'04" west a distance of 51.57 feet; south 33 °48'38" west a distance of 62.76 feet; south 53 °39'34" west a distance of 37.11 feet; south 63 °03'02" west a distance of 79.27 feet; south 80 °57'48" west a distance of 35.11 feet; south 67 °52'45" west a distance of 61.80 feet; north 83 °48'22" west a distance of 111.43 feet more or less, to the terminus of said line herein described, at a point which is located south 70 °57'20" west 216.98 feet, and south 27 °23'15" east 461.50 feet from point "A" referenced herein. Page 6 of 8 EXHIBIT C PERMANENT ACCESS ROAD EASEMENT LEGAL DESCRIPTION That portion of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Snerry Drive: Beginning at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36, a distance of 1,355.89 feet; Thence easterly along a curve to the left, the center of which bears north 02 °45'45" east having a radius of 336.00 feet, an arc distance of 9.00 feet, through a central angle of 01 °32'04" to the south line of the north 36 feet of Government Lot 4 of said Section 36; Thence south 88 °46'19" east along said south line a distance of 422.81 feet to THE TRUE POINT OF BEGINNING; Thence along a curve to the left, the center of which bears south 01°13'41" west having a radius of 50.00 feet, an arc distance of 78.54 feet, through a central angle of 90 °00'00 Thence south 01°13'41" west a distance of 255.00 feet; Thence north 88 °46'19" west a distance of 48.00 feet; Thence north 01°13'41" east a distance of 255.00 feet; Thence along a curve to the left having a radius of 50.00 feet, an arc distance of 78.54 feet, through a central angle of 90 °00'00 Thence south 88 °46'19" east a distance of 148.00 feet to the TRUE POINT OF BEGINNING. Levee Access: Beginning at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36, a distance of 1,355.89 feet; Thence easterly along a curve to the left, the center of which bears north 02 °45'45" east having a radius of 336.00 feet, an arc distance of 9.00 feet, through a central angle of 01 °32'04" to the south line of the north 36 feet of Government Lot 4 of said Section 36; Thence south 88 °46'19" east along said south line a distance of 422.81 feet; Thence along a curve to the left, the center of which bears south 01°13'41" west having a radius of 50.00 feet, an arc distance of 78.54 feet, through a central angle of 90 °00'00 Thence south 01°13'41" west a distance of 255.00 feet to the TRUE POINT OF BEGINNING; thence south 88 °46'19" east a distance of 48.00 feet; thence south 01°13'41" west a distance of 33.27 feet; thence along a line hereinafter referred to as line "X south 69 °38'41" west a distance of 259.75 feet more or less to the westerly boundary of property described in Exhibit "A" herein; thence northerly and along said westerly boundary to a point on a line distant 30 feet northwesterly of said line "X" measured perpendicularly thereto; thence north 69°38'41" east to a point which bears south 01°13'41" west from the TRUE POINT OF BEGINNING; thence north 01°13'41" east 20.00 feet to the TRUE POINT OF BEGINNING. Page 7 of 8 EXHIBIT D AERIAL PHOTO MAP OF PROPERTY AND EASEMENTS Page g of SUMMARY OF ORDINANCE No. 2200 City of Tukwila, Washington On April 21, 2008 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2200, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND FOR THE PURPOSE OF CONSTRUCTING THE TUKWILA 205 LEVEE REPAIR PROJECT AT SITES 3 AND 5; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING AND DAMAGING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFOR; PROVIDING FOR THE COST THEREOF; DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting on April 21, 2008. reY Christy O'FI erty, OMC, City`Clerk Published Seattle Times: April 24, 2008