HomeMy WebLinkAboutReg 2008-07-21 Item 6D - Resolution - Amend Westfield Southcneter Mall Expansion with WEA Southcenter otLet C OUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
I CAS NUMBER: 08-083 I ORIG INA), AGENDA DATE: JULY 14, 2008
AGENDA I'n:M TITLE Second Amendment to Development Agreement between WEA Southcenter LLC and
the City regarding expansion project at Southcenter Mall
C.vn coRY Discussion 1 1 Motion Resolution n Ordinance n Bid Award Public Hearing Other
A itg Date 7/14/08 it ftg Date Mtg Date 7/21/08 Mtg Date Mtg Date Mtg Date 7/14/08 Mtg Date
SP( )NSOR Council Mayor Adm Svcs DCD Finance Fire Legal n P &R Police PIh
SPC INSOR's As part of the Tukwila Centennial Celebration and with Westfield's permission, the
SC MMI.\RY Centennial Committee commissioned and hung 10 temporary signs on the two new
garages at Southcenter Mall. Westfield is requesting approval to continue signage and
include an 11 sign on the garage walls for products or services available at the Mall. The
Council is being asked to consider passage of the attached Resolution, approving the
second amendment to the WEA Southcenter LLC Development agreement.
REV] fl .I\VI I) BY COW mtg. CA &P Cmte n F &S Cmte Transportation Cmte
n Utilities Cmte Arts Comm. 1 1 Parks Comm. n Planning Comm.
DAM: 6/23/08
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign amendment
Commr EE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$NA
Fund Source:
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
07/14/08 1 Forward to next Regular Meeting, with suggested wording changes to agreement
MTG. DATE ATTACHMENTS
7/14/08 Informational memorandum dated July 9, 2008, with Attachments A -C
Resolution in draft form
Minutes from the Community Affairs and Parks Committee meeting of 6/23/08
7/21/08 Resolution in final form, with attached Development Agreement
rte`
C ity of Tuk
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING THE MAYOR TO AMEND THE
DEVELOPMENT AGREEMENT WITH WEA SOUTHCENTER, LLC, FOR
THE EXPANSION AND RENOVATION OF WES 1'FIELD SOUTHCENTER
MALL.
WHEREAS, on December 12, 2005, the Tukwila City Council approved Resolution
No. 1598, authorizing the Mayor to enter into a Development Agreement with WEA
Southcenter LLC, (hereinafter "WEA and Prudential Financial, Inc.; and
'WHEREAS, that agreement was duly executed as Contract No. 05 -123 and recorded
with the King County Recorder's Office (Recording No. 20060621000329); and
WHEREAS, on September 4, 2007, the Tukwila City Council passed Resolution No.
1642, authorizing the Mayor to execute the First Amendment to the Development
Agreement (King County Recording Number 20070920001425), which provided that
Westfield was vested to the provisions of the Tukwila Sign Code (TMC Title 19) in
effect on January 1, 2007, as opposed to the provisions in effect on the EIS Issuance Date
(October 6, 2004); and
WHEREAS, WEA has purchased the majority interest of the property from
Prudential Financial Inc., and is the successor in interest to Prudential under the
Development Agreement; and
WHEREAS, the City of Tukwila and Westfield now mutually agree on the execution
of a Second Amendment to the Development Agreement, in order to formalize past
applications of the Sign Code and related signage procedures to Southcenter Mall, and
to provide clarity on application of the Sign Code to mall garages; and
WHEREAS, the City of Tukwila and Westfield agree that each has entered into this
Second Amendment knowingly and voluntarily, and agree to be bound by the terms
and conditions of this Second Amendment; and
WHEREAS, SEPA review for the entire project was fully and completely evaluated
through an Environmental Impact Statement entitled Westfield Shoppingtown
Southcenter Expansion, dated October 6, 2004, prepared pursuant to the State
Environmental Policy Act, RCW 43.21C, and no further SEPA review is required in
connection with this Second Amendment; and
WHEREAS, on July 14, 2008, the Tukwila City Council held a public hearing to
consider this Second Amendment to Contract No. 05 -123;
NOW, THEREFORE, THE Cl'1 Y COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council approves the Second Amendment to the Development
Agreement with WEA Southcenter, LLC, #05 -123B, attached hereto as Exhibit A.
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Section 2. The City Council hereby authorizes the Mayor to execute the Second
Amendment to the Development Agreement with WEA Southcenter, LLC.
Section 3. The City Clerk is hereby directed to record a fully executed copy of this
Second Amendment to the Development Agreement with the King County Recorder's
Office.
Section 4. This resolution shall become effective immediately upon its adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Council Meeting thereof this day of 2008.
ATTEST/ AUTHENTICATED:
Joe Duffie, Council President
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Office of the City Attorney Resolution Number:
Exhibit A: Second Amendment to Development Agreement between the City of
Tukwila and WEA Southcenter, LLC, #05 -123B, for the expansion and
renovation of Westfield Southcenter Mall
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Contract 05 -123B
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF TUKWILA,
WEA SOUTHCENTER LLC,
FOR THE EXPANSION AND RENOVATION
OF WESTFIELD SOUTHCENTER MALL
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT "Second
Amendment") is entered into by and between the City of Tukwila, a Washington Non- Charter
Optional Municipal Code City (the "City and WEA Southcenter LLC, a Delaware limited
liability company "Westfield the majority owner and developer of the Property (defined
below).
RECITALS
A. The City, Westfield and Prudential Financial Inc. "Prudential entered into that
certain Development Agreement (Contract No. 05 -123) recorded under King County Recording
No. 20060621000329 (the "Development Agreement"). The Development Agreement (File
No. DA7 -003) related to the expansion and renovation of the Westfield Southcenter Mall
development site (the "Project"), as depicted and legally described and in Exhibit A and
Exhibit B, respectively, of the Development Agreement (the "Property
B. Westfield acquired the majority of the Property from Prudential on September 29,
2006, and is now successor -in- interest to Prudential under the Development Agreement. Except
for a portion owned by Federated Department Stores, Inc., the Property is owned by Westfield.
C. The City and Westfield entered into that certain First Amendment to the
Development Agreement recorded under King County Recording No. 20070920001425 (the
"First Amendment"), to provide that Westfield was vested to the provisions of the Tukwila
Sign Code, Tukwila Municipal Code "TMC Chapter 19 (the "Sign Code in effect on
January 1, 2007, as opposed to the provisions in effect on the EIS Issuance Date. Per the First
Amendment, references to TMC sections in this Second Amendment are citations to the Sign
Code in effect on January 1, 2007.
D. The City and Westfield now desire to execute this Second Amendment in order to
formalize past applications of the Sign Code, Tukwila Municipal Code (TMC) 19 and related
signage procedures to Southcenter Mall and to provide clarity on application of the Sign Code to
Mall Garages.
E. There are two types of signs specified in Sign Code that are allowed at the Mall
signs for tenant/businesses and signs for the center as a whole. Signs for the center as a whole
underwent design review and were approved as to color, materials and type by the Board of
Architectural Review. (File no. L07 -007 hereinafter the "Sign Package Approval This
Agreement modifies the Sign Package Approval for Brand Alliance signage.
Page 1 of 6
F. There are multiple buildings on the Property. Any approved future development
that abuts the Main Building shall be considered part of the Main Building for the purposes of
this Agreement and the Sign Code. Any approved future development that does not abut the
Main Mall Building (other than a parking garage) shall be considered a Perimeter Building
G The complexities of sign regulation relative to the changing character of the Mall
have resulted in the following City interpretations and administration of the Sign Code on the
regulation of tenant/business signage on the Mall Property.
1) Tenants in the Main Building that have their own exterior public entrance are
allowed signage on that portion of the Building that serves as an exterior wall to its tenant space;
and
2) Tenants in the Main Building are allowed up to two, and anchor tenants are
allowed up to four, wall signs, one for each wall that faces one of the four cardinal directions
(north, south, east and west); and
3) Sign size for Tenants in the Main Building is 6% of the total area of the wall
that serves as an exterior wall to the tenant's space but not more than 500 square feet; and
4) Tenants who have a portion of their exterior wall blocked by a Garage are
allowed instead to place signage on the Garage walls that are parallel to the tenants blocked
exterior walls. The area allowed for the Garage mounted wall sign is calculated using the area of
the wall upon which it is mounted.
5) Tenants in perimeter buildings are allowed two wall signs.
6) One freeway interchange sign is allowed per the height and area allowance of
Freeway Interchange Businesses; Penniitted Signs Height and Area Allowance (TMC
19.32.180.)
H. The City and Westfield agree that each has entered into this Second Amendment
knowingly and voluntarily, and agree to be bound by the terms and conditions of this Second
Amendment.
I. The Tukwila City Council held a public hearing to consider this Second
Amendment on July 14, 2008, and approved this Second Amendment by Resolution on
,2008.
J. SEPA review for the entire Project was fully and completely evaluated through an
Environmental Impact Statement entitled Westfield Shoppingtown Southcenter Expansion dated
October 6, 2004, prepared pursuant to the State Environmental Policy Act, RCW 43.21C, and no
further SEPA review is required in connection with this Second Amendment.
AGREEMENT
NOW THEREFORE, in furtherance of the recitals set forth above, the parties hereby
agree as follows:
Section 1. Southcenter Mall. As shown on Exhibit C, the Southcenter Mall consists of the main
mall building (the "Main Building the Olympic Garage, sometimes referred to a Garage A,
Page 2 of 6
the Cascade Garage, sometimes referred to as Garage B (both garages referred to as "Garage
and a number of separate buildings on the perimeter of the Property "Perimeter Buildings.)
Section 2. Signage. Brand Alliance signs are "on premises signs" as defined in the
Definitions Section of the Sign Code (TMC 19.08.140,) that display through copy and/or images
goods sold or services rendered on the premises. They are not internally illuminated. Signs that
display only the name of the business are not Brand Alliance signs. Brand Alliance signs are
authorized on the mall Garages subject to the following standards:
A. Eleven, externally illuminated Brand Alliance signs that are a maximum of 288
square feet apiece and in the general configuration and locations shown on Exhibit D
are allowed.
B. Brand Alliance signage shall not include tobacco or alcohol advertisements.
C. Brand Alliance signage may include the mall's name in combination with and as a
subordinate element in the advertisement of services and /or goods sold on the
premises in addition to the signage allowed in the "Identification Signs for the Center
as a whole." (TMC 19.32.155.)
D. A tenant name may be included in a Brand Alliance sign, in a subordinate role, when
in combination with advertisement of goods or services, in addition to the permanent
signage allowed for that tenant/business
E. A sign permit is required for each installation of each Brand Alliance sign.
F. A sign peliuit is not required to change the copy, frame, lighting or orientation.
G. No change from what is shown on Exhibit D is allowed in the number of or general
location of the Brand Alliance signs.
H. Brand Alliance signage is not allowed on the Main Building.
Section 3. General Terms.
A) Not Exclusive. This Second Amendment is not intended as an exclusive list of
the Sign Code or other applicable TMC provisions applicable to the Southcenter
Mall or its tenants.
B) Sign Permits. Nothing in this Second Amendment exempts Westfield or its
tenants from having to apply for sign permits.
C) Vesting. Westfield shall be vested to the ternis of this Second Amendment for
ten years from the execution of this Second Amendment but may elect, at its
option, to waive its sign code vesting and have the provisions of any revised Sign
Code apply to all signs at the Southcenter Mall without obtaining an amendment
to the Development Agreement.
D) Entire Agreement. This Second Amendment, the First Amendment, and the
Development Agreement constitute the entire agreement between the parties with
respect to the subject matter of this Second Amendment.
E) Full Force and Effect. Except as specifically set forth herein, the Development
Agreement, as amended by the First Amendment, is and remains in full force and
effect and binding on the parties.
Page 3 of 6
F) Severability. In the event this Second Amendment is declared unlawful or
unconstitutional for any reason, the underlying Development Agreement, as
amended by the First Amendment, shall remain in full force and effect and
binding on the parties.
G) Authority to Execute. The City and Westfield represent and warrant that they
have the respective power and authority, and are duly authorized to execute,
deliver, and perfolni all of the obligations of this Second Amendment.
H) Counterparts. This Second Amendment may be executed in counterparts, each
of which shall be deemed an original.
IN WITNESS WHEREOF, the parties hereby duly execute this Second Amendment as of
the date(s) listed below.
ON BEHALF OF THE CITY OF TUKWILA
Date of Execution:
Jim Haggerton, Mayor
ATTEST:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM
City Attorney
Page 4 of 6
ON BEHALF OF WESTFIELD:
WEA SOUTHCENTER LLC, a Delaware limited liability company
By: Westfield America Limited Partnership, a Delaware limited partnership,
Its sole member
By: Westfield U.S. Holdings, LLC, a Delaware limited liability company,
Its general partner
By:
Name:
Its:
Date of Execution:
STATE OF WASHINGTON
ss.
COUNTY OF
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 Jim
Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila,
Washington, the municipal corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said municipal
corporation for the uses and purposes therein mentioned, and on oath stated that he was duly
elected, qualified and acting as said office of the municipal corporation, that he was authorized to
execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal
corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
NOTARY PUBLIC in and for the
State of Washington, residing
at
My commission expires:
[Type or Print Notary Name]
Page 5 of 6
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 s/he signed this instrument, on oath
stated that (he /she) was authorized to execute the instrument and acknowledged it in (his/her)
capacity as of Westfield U.S. Holdings, LLC, a Delaware limited
liability company, which is the general partner of Westfield America Limited Partnership, a
Delaware limited partnership, which is the sole member of WEA SOUTHCENTER LLC, the
Delaware limited liability company that executed the within and foregoing instrument, 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 2008.
NOTARY PUBLIC in and for the
State of Washington, residing
at
My commission expires:
[Type or Print Notary Name]
Q: \mall \DA Sisal 2nd Amend.mcbtinal.doc
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STAMMER EfOULERARD
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Source: Hudell/Weinman Associates, Inc.
Westfield Shoppingtown
lialgratir.
Southcenter Expansion
HWr----- ENVIRONMENTAL IMPACT STATEMENT
Westfield Shoppingtown Southcenter Expansion Final EIS
Description of the Proposed Action
EXHIBIT B
LEGAL DESCRIPTION
PARCEL 1:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON; AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 26; AND OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 23; AND OF THE INTER URBAN ADDITION TO SEA LE, ACCORDING TO
PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY,
WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PLAT
RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON;
AND OF THE W.H. GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 00°12'09" WEST ALONG THE
NORTHERLY PRODUCTION OF THE EAST LINE OF SAID SUBDIVISION 406A9 FEET;
THENCE SOUTH 89 °47'S 1" WEST 30 FEET TO THE WEST MARGIN OF ANDOVER PARK
WEST AND THE TRUE POINT OF BEGINNING; THENCE NORTH 87 °25'13" WEST 526.42
FEET; THENCE SOUTH 00°19'36" WEST 30.02 FEET; THENCE NORTH 87°25'13" WEST 253.52
FEET; THENCE SOUTH 00°19'36" WEST 366.84 FEET TO THE NORTH LINE OF THE SOUTH
40.00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 89 °40'24"
WEST ALONG SAID NORTH LINE 179.20 FEET TO AN INTERSECTION WITH A LINE WHICH
BEARS NORTH 00°19'36" EAST FROM A POINT ON THE SOUTH LINE OF SAID SECTION 23,
WHICH IS 341.40 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
OF SAID SECTION 23; THENCE SOUTH 00 °19'36" WEST 14.00 FEET; THENCE NORTH
89 °40'24" WEST 10.50 FEET; THENCE SOUTH 00 °19'36" WEST 36.83 FEET; THENCE NORTH
89 °40'24" WEST 7.90 FEET; THENCE SOUTH 00 °19'36" WEST 42.17 FEET; THENCE NORTH
89 °40'24" WEST 72.00 FEET; THENCE SOUTH 00°19'36' WEST 96.00 FEET; THENCE NORTH
89 °40'24" WEST 226.00 FEET; THENCE NORTH 00 °19'36" EAST 138.17 FEET; THENCE NORTH
89 °40'24" WEST 79.90 FEET; THENCE NORTH 00°19'36" EAST 10.83 FEET TO THE WESTERLY
EXTENSION OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23;
THENCE NORTH 89 °40'24" WEST ALONG SAID EXTENSION 10.50 FEET; THENCE NORTH
00 °19'36' EAST 40.00 FEET; THENCE NORTH 89 °40'24" WEST 151.60 FEET; THENCE NORTH
00 °19'36" EAST 790.45 FEET TO THE NORTHEAST CORNER OF THAT PORTION OF THE
SOUTHCENTER PARKWAY VACATED BY ORDINANCE NO. 555, CITY OF TUKWILA, AND
AS RECORDED UNDER RECORDING NO. 6516239, TN KING COUNTY, WASHINGTON, SAID
NORTHEAST CORNER ALSO BEING A POINT ON A 565.79 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHEAST, THROUGH WHICH A RADIAL LINE BEARS SOUTH 04 °34'32" EAST;
THENCE WEST ALONG SAID CURVE AND THE SOUTHEASTERLY MARGIN OF SAID
SOUTHCENTER PARKWAY, 282.00 FEET TO A POINT OF COMPOUND CURVE TO THE LEFT
OF A 339.07 FOOT RADIUS; THENCE SOUTHWESTERLY ALONG SAID CURVE 37.76 FEET TO
THE MOST NORTHERLY POINT OF A TRACT OF LAND CONVEYED TO THE CITY OF
TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6516243, IN KING COUNTY,
WASHINGTON; THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE AND
SOUTHEASTERLY MARGIN 312.17 FEET; THENCE SOUTH 89 °39'00" WEST ALONG SAID
SOUTHEASTERLY MARGIN 17.04 FEET TO THE EASTERLY MARGIN OF SAID
SOUTHCENTER PARKWAY (FORMERLY 57TH AVENUE SOUTH) AS DEEDED TO THE CITY
OF TUKWILA AND RECORDED UNDER RECORDING NO. 5735981; THENCE SOUTH
00 °21'00" EAST ALONG SAID EAST MARGIN 438.12 FEET TO AN ANGLE POINT THEREIN;
THENCE SOUTH 00 °23'45" EAST ALONG SAID EAST MARGIN 633.44 FEET TO THE
1
NORTHERLY LINE OF STATE HIGHWAY RIGHT OF WAY; THENCE NORTH 89 °52'42" EAST
ALONG SAID NORTHERLY LINE 5.31 FEET TO THE EASTERLY LINE OF SAID STATE
HIGHWAY RIGHT OF WAY; THENCE SOUTH 00 °07' 18" EAST ALONG SAID EASTERLY LINE
134.50 FEET TO THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH
43 °25'OS" WEST ALONG SAID SOUTHEASTERLY LINE 6.74 FEET TO THE AFORESAID EAST
MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 00 °23'45" EAST ALONG SAID
EAST MARGIN 471.45 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF A 50 FOOT
RADIUS; THENCE ALONG SAID CURVE 77.70 FEET TO A POINT OF TANGENCY ON THE
NORTH LINE OF STRANDER BOULEVARD (FORMERLY SOUTH 164TH STREET), AS
DEEDED TO THE CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER
CORPORATION ON F EBRUARY 14, 1963; THENCE SOUTH 89 °26'22" EAST ALONG SAID
NORTH LINE 588.31 FEET; THENCE SOUTH 89 30'56" EAST ALONG SAID NORTH LINE
1255.52 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS;
THENCE ALONG SAID CURVE 79.14 FEET TO THE WEST LINE OF ANDOVER PARK WEST,
AS DEEDED TO THE CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER
CORPORATION ON NOVEMBER 1, 1962; THENCE NORTH 00°12'09" WEST ALONG SAID
WEST LINE 1652.93 FEET TO TRUE POINT OF
BEGINNING.
PARCEL 2:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEATTLE, ACCORDING TO
PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY,
WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PEAT
RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON;
AND OF THE W.H. GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 23; THENCE NORTH 89 °40'24" WEST ALONG THE WESTERLY EXTENSION OF THE
SOUTH LINE THEREOF 217.00 FEET; THENCE NORTH 00 °19'36" EAST 40.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 89 °40'24" EAST 151.60 FEET; THENCE NORTH
00 °19'36" EAST 182.00 FEET; THENCE SOUTH 89 °40'24" EAST 406.80 FEET; THENCE SOUTH
00o1936 WEST 182.00 FEET; THENCE SOUTH 89 °40'24" EAST 179.20 FEET; THENCE NORTH
00 °19'36" EAST 366.84 FEET; THENCE SOUTH 87°25' 13" EAST 253.52 FEET; THENCE NORTH
00 °19'36" EAST 208.77 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT OF A 45 FOOT
RADIUS; THENCE ALONG SAID CURVE 45.96 FEET TO A POINT OF COMPOUND CURVE;
THENCE ALONG A CURVE TO THE RIGHT OF A 122.35 FOOT RADIUS 63.68 FEE T TO THE
SOUTHERLY MARGIN OF TUKWILA PARKWAY AS DEEDED TO THE CITY OF TIJKWILA
AND RECORDED UNDER RECORDING NO. 5735981, IN KING COUNTY, WASHINGTON;
THENCE SOUTH 88 °40'OO" WEST ALONG SAID SOUTHERLY MARGIN 76.15 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT OF A 147239 FOOT RADIUS; THENCE ALONG
SAID CURVE AND SOUTHERLY MARGIN 423.38 FEET; THENCE NORTH 74 °51'30" WEST
ALONG SAID SOUTHERLY MARGIN 407.05 FEET TO THE BEGINNING OF A CURVE TO THE
LEFT OF 552.62 FOOT RADIUS; THENCE ALONG SAID CURVE AND SOUTHERLY MARGIN
185.63 FEET TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH
00 °19'36" WEST; THENCE SOUTH 00 °19'36" WEST 788.90 FEET TO THE TRUE POINT OF
BEGINNING; EXCEPT THE SOUTH 110.00 FEET OF THE WEST 151.60 FEET THEREOF; ALSO
EXCEPT THAT PORTION THEREOF CONVEYED TO TIM CITY OF TUKWILA_ BY DEEDS
RECORDED UNDER RECORDING NOS. 8603140908, 8603140909 AND 8603140910.
2
PARCEL 3:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 23; AND OF THE INTERURBAN ADDITION TO SEA'I ILE, ACCORDING TO
PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, INKING COUNTY,
WASHINGTON; AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PLAT
RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON;
AND OF THE WIT. GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 23; THENCE SOUTH 89 °40'24" EAST ALONG THE SOUTHERLY LINE OF SAID
SOUTHWEST QUARTER 34I.40 FEET; THENCE NORTH 00 °19'36" EAST 107.75 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 °19'36" EAST 11425 FEET;
THENCE NORTH 89 °40'24" WEST 406.80 FEET; THENCE SOUTH 00 °19'36" WEST 114.25 FEET;
THENCE SOUTH 89 °40'24" EAST 90.40 FEET; THENCE NORTH 00 °19'36" EAST 27.42 FEET;
THENCE SOUTH 89 °40'24" EAST 226.00 FEET; THENCE SOUTH 00°19'36" WEST 27.42 FEET;
THENCE SOUTH 89 °40'24" EAST 90.40 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 4:
THAT PORTION OF THE SOUTHEAST QUARTER. OF THE SOUTHWEST QUARTER OF
SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER
OF THE SOUTHEAST QUARTER SAID SECTION 23; THENCE NORTH 89 °40'24" WEST
ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER
65.40 FEET; THENCE NORTH 00°19'36" EAST 40.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 00°19'36" EAST 110.00 FEET; THENCE NORTH
89 °40'24" WEST 151.60 FEET; THENCE SOUTH 00 °19'36" WEST 110.00 FEET; THENCE SOUTH
89 °40'24" EAST 151.60 FEET TO THE TRUE POINT OF BEGINNING.
3
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