HomeMy WebLinkAboutReg 2008-04-21 Item 5C - Ordinance - Land Acquisition for Tukwila 205 Levee Repair COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 08-037 I ORIGINAL AGENDA DATE: MARCH 24, 2008
AGENDA rrE \•I TITLE An ordinance providing for the acquisition of land for the purpose of constructing the
Tukwila 205 Levee Repair projects.
CATEGORY Discussion 1Motzon 1 1 Resolution Ordinance Bid Award n Public Hearing n Other
Altg Date 03/24/08 Mtg Date illtg Date Mtg Date 04/21/08 Mtg Date Mtg Date Mtg Date
I SPONSOR Counezl Major 1 1 Adm Svcs 1 1 DCD 1 Finance 1 i Fire 1 1 Legal P6R n Police PI.YI
SPONSOR'S The City is required to obtain additional easements to allow the US Army Corps of
SUMMARY Engineers to repair approximately 1,600 linear feet of levee at two locations that were
damaged during the November 2006 flood event.
REVIEWED BY 1 1 COW Mtg. I 1 CA &P Cmte I 1 F &S Cmte Transportation Cmte
Utihties Cmte 1 1 Arts Comm. U Parks Comm. I 1 Planning Comm.
DA1t 2/26/08
RECOMMENDATIONS:
SPONSOR /AD \IIN. Grant condemnation authority
COMMITTEE Unanimous approval; Forward to Committee of the Whole I
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source: King County Flood Control District
Comments: The cost to secure the additional easements will be reimbursed through the King County Flood Control
n; et,.,
MTG. DATE RECORD OF COUNCIL ACTION
03/24/08 Overview of the issue was presented. Easements require additional time to be finalized
Forward to Regular Meeting
MTG. DATE ATTACHMENTS
3/24/08 Informational Memorandum dated 2/21/08 with attachments /exhibits
Ordinance in final form with exhibits I
Minutes from the Transportation Committee meeting of 2/26/08
4/07/08 Informational Memorandum dated 2/21/08 with attachments /exhibits
Ordinance in final form with exhibits
4/21/08 Informational Memorandum dated 4/1q08
I Ordinance in final form with exhibits
INFORMATIONAL MEMORANDUM
To: Mayor Haggerton
From: Director Public Work
Date: April 16, 2008
Subject: Federal 205 Levee Repair Projects Easement Acquisition
Issue:
Need authority to obtain property in order for the U.S. Army Corps of Engineers to make
necessary repairs to Tukwila's federally certified levee.
Discussion:
In 1991, the U.S. Army Corps of Engineers built the levee on the western bank of the
Duwamish River. The levee runs from approximately I -405 southward to S. 196 Street
where it turns westward and ties into the hillside. This levee protects Tukwila's Urban
Center.
One of the conditions associated with the federal project was the requirement for the City
and the Corps to enter into a Local Cooperation 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. The telius
and conditions of this January 1991 agreement still apply today.
During the November 2006 flood, the Tukwila levee soils became saturated during the
very high flows of the Duwamish River. These high flows caused levee damage in nine
different locations. Tukwila requested the Corps to inspect and review these sites. Based
upon the inspection, two separate areas, approximately 1,600 linear feet in length, were
determined to have severe damage.
The Corps has analyzed multiple repair alternatives. The final design requires the City to
obtain additional property in order to install the needed toe rock, lessen the over
steepened banks, and provide vegetation to help cool the river.
The attached ordinance provides the authority to acquire the needed property. As with
previous projects that have involved acquiring additional property, the City will do
everything within its power to work cooperatively with the property owners. However,
should the City and King County, who is providing real estates services, not be successful
in these efforts, condemnation of the property would be required.
The Corps of Engineers has established a very aggressive schedule for accomplishing the
repairs. The Corps has clearly stated that if the repairs are not accomplished during this
P•.Jim\205 Levee Repair Proj Odinance.doc 1
construction season, July through September 2008, they will withdraw their funding of
the proposed repair work and the City would then be responsible for making the repairs at
City expense, estimated to be at least $1.4 million. Furtheiuiore, the Corps states that if
the repairs are not completed before the next flood season, then they will recommend the
levee be decertified.
Recommendation:
Authorize the Mayor to sign the ordinance authorizing the acquisition of the needed
property for the repair of the levee.
Exhibits
1. Proposed Ordinance with attached exhibits.
PAUim\205 Levee Repair Proj Odinance.doc 2
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J e Y G�
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C ity of Tuk
Washington
Ordinance No.
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 CONDEM IATION, 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, 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
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
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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
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 OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2008.
ATTEST /AUTHENTICATED
Jim Haggerton, Mayor
Christy O'Flaherty, CivIC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY. Passed by the City Council.
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Attachments: Exhibit A Easements: 1 Wells Fargo Bank, N.A.
2 La Pianta, LLC
3 Lily Pointe Investments, LLC
Exhibit B Site Plans: 1 Tukwila 205 Levee Rehabilitation, Site 3
2 Tukwila 205 Levee Rehabilitation, Site 5
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Recording Requested By And Exhibit A-1
When Recorded Mail To:
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 7 14, 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 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 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 14
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 pelniitted
Page 2 of 14
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.
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:
GRAN TEE: The City of Tukwila, a municipal corporation of the State of Washington.
By:
Name:
Title:
GRANTEE: The King County Flood Control Zone Districta quasi public corporation
By:
Name:
Title:
STA 1'B OF WASHINGTON
ss.
COUNTY OF KING)
Page 3 of 14
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)
Page 4 of 14
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:
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 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
Page 5 of 14
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:
EXEIIBIT A
UNDERLYING PROPERTY PARCEL(S)
LEGAL DESCRIPTION
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 comer of said Section 36;
Page 6 of 14
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:
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;
(continued)
LEGAL DESCRIPTION, continued:
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;
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.
Page 7 of 14
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 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.
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 comer of said Section 36;
Thence South 01 19 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;
Page 8 of 14
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.
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 comer 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 comer 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 are distance of 147.96 feet to the TRUE POINT OF BEGINNING.
PARCEL F:
Page 9 of 14
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 are 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 l0 of 14
EXIIIBIT 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 POI NIT 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.
EXHIBIT C
PERMANENT ACCESS ROAD EASEMENT
Page 11 of 14
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 011 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 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 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.
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:
Page 12of14
Beginning at the northwest comer 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 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 13 of 14
�i-� EXHIBIT E
Tu kwila 235: Site 3 Easements tr
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maned Atoess i s
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Page 14 of 14
Recording Requested By And Exhibit A -2
When Recorded Mail To:
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 hereinafter called Exhibit A.
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 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 1) 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 11
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.
Page 2 of 11
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.
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: King County Flood Control Zone, a quasi municipal corporation
BY:
Acting pursuant to Resolution No. FCZD2008 -01.2 of saidGrantee
Name:
Title: of Ki.nQ County
Page 3 of 11
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.
Print Name:
Notary Public in and for the State of Washington,
residing at
My commission expires:
Page 4 of 11
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 5 of 11
STA'L'E 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 signed this
instrument, on oath stated that he 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:
Printed name
Notary Public in and for the
State of Washington
Residing at
My appointment expires
Page 6 of 11
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 7 of 11
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 9 of 11
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 10 of 11
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Recording Requested By And Exhibit A -3
When Recorded Mail To:
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. NV/1/4, 36 -23 -04
Additional legal description on page 7, hereinafter called Exhibit A.
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 Iicensees 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 11
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.
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 11
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:
GRANN BE: King County Flood Control Zone District, a quasi municipal corporation
BY:
Acting pursuant to Resolution No. FCZD2008 -01.2 of said Grantee
Name:
Title: of King. County
Page 3 of 11
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 4 of 11
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 5 of 11
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 signed this
instrument, on oath stated that he 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:
Printed name
Notary Public in and for the
State of Washington
Residing at
My appointment expires
Page 6 of 11
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 comer 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 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°12' 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 °22' 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 7 of 11
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
01 °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
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 °5T48" 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 8 of 11
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 comer 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 comer 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;
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;
Page 9 of 11
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 10 of 11
EXIHIBIT D
MAP OF PROPERTY AND EASEMENTS
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Page 11 of 11
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