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HomeMy WebLinkAboutReg 2007-09-04 Item 6B - Resolution - Amend Sign Code for Westfield Southcenter Mall Development Agreement COUNCIL AGENDA SYNOPSIS ITEM NO. P A E Meeting Date j Prepared A \1,1 Mayor's review 1 Council review r W �n�. 'v` ",;14 I 08/27/07 I MCB I f 1 taut_ 1 09/04/07 1 MCB JZ.a.x�'" 1 \WIcerl 1 9, 1 1 1 1508 1 ITEM INFORMATION CAS NUMBER: 07-097 I ORIGINAL AGENDA DATE: AUGUST 27, 2007 AGENDA IIEM TITLE Amendment to Development Agreement between Westfield (WEA) and City regarding expansion project at Southcenter Mall. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 8/27/07 Mtg Date Mtg Date 9/4/07 Mtg Date Mtg Date Mtg Date 8/27/07 dltg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW" SPONSOR'S The existing development agreement vests the expansion project with the October 2004 SUMMARY Sign Code. Westfield requests a modification to allow vesting with the January 2007 Sign Code in order to take advantage of new standards in the Code. Authorization for the Mayor to sign the existing development agreement was granted by Resolution #1598 passed on December 12, 2005.' A public hearing is required on development agreements. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAI'E: 8/14/07 RECOMMENDATIONS: SPONSOR /ADMIN. Adoption of resolution authorizing Mayor to sign amendment COiDvIP1TBE Unanimous Approval; Forward to Committee of the Whole COST IMPACT =FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGE 1ED APPROPRIATION REQUIRED $NA Fund Source: Comments: MTG DATE] RECORD OF-COUNCIL ACTION j 08/27/07 1 Forward to Reaular Meeting MTG. DATE I ATTACHMENTS 8/27/07 Informational memo dated August 15, 2007 Existing development agreement #05 -123 Resolution #1598 authorizing existing development agreement First amendment to the existing development agreement Resolution in draft form authorizing the amendment to the development agreement Minutes from the August 14, 2007 Community Affairs and Parks Committee Meeting 9/4/07 Resolution in final form 4 :4411..A, h, as 190$ City of Tukwila 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 [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 "WEA and Prudential Financial, Inc.; and WHEREAS, that agreement was duly executed (Contract No. 05 -123) and recorded with the King County Recorder's Office (Recording No. 20060621000329); 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 executed agreement vested WEA's development under the City's Sign Code in effect as of October 6, 2004; and WHEREAS, WEA has requested that the development agreement be amended so that its development is vested under the January 1, 2007 version of the City's Sign Code; and WHEREAS, a public hearing regarding this amendment was held on August 27, 2007; and WHEREAS, the City of Tukwila believes that there is no negative impact, and the public interest will be served by allowing this development to comply with the City's current sign code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. The City Council approves the First Amendment to the Development Agreement with WEA Southcenter, LLC, attached hereto as 05 -123A, and made a part hereof by this reference. 2. The City Council hereby authorizes the Mayor to execute the First Amendment to the Development Agreement with WEA Southcenter, LLC. 3. The City Clerk is hereby directed to record a fully executed copy of this First Amendment to the Development Agreement with the King County Recorder's Office. 4. This resolution shall become effective immediately upon its adoption. C: \Documents and Settings \All Users Desktop Kelly MSDATA Resolutions Amendment to O5-123.doc Kt 8/30/2007 Page 1of 2 PASSED BY THE CITY COUNCIL OF THE CTI'Y OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2007. ATTEST/ AUTHENTICATED: Verna Griffin, Council President Jane E. Cantu, 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: Attachment: 05 -123A First Amendment to Development Agreement between the City of Tukwila, WEA Southcenter LLC, and Prudential Financial, Inc., for the expansion and renovation of Westfield Southcenter Mall C \Documents and Settings \All Users Desktop Kelly \MSDATA Resolutions \Amendment to 05123.doc Ks, 8/30/2007 Page 2of 2 05x3_3 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA, WEA SOUTHCENI'ER LLC, AND PRUDENTIAL FINANCIAL INC., FOR THE EXPANSION AND RENOVATION OF WESTFIELD SOUTHCENTER MALL THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT "First 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) executed by the City on December 27, 2005, by Westfield on December 13, 2005, and by Prudential on December 23, 2005, and recorded under King County Recording No. 20060621000329 (the "Development Agreement 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 The City, Westfield and Prudential entered into the Development Agreement pursuant to the authority in RCW 36.70B.170 through .210. B. Except for a portion owned by Federated Department Stores, Inc., the Property is owned by Westfield. 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. C. Pursuant to Section 3.3 of the Development Agreement, Westfield is vested to the provisions of the Tukwila Municipal Code "TMC excluding the building and fire codes pursuant to TMC Chapter 16, in effect on October 6, 2004, the date of the City's issuance of a final environmental impact statement for the Project (the "EIS Issuance Date except as otherwise provided in the Development Agreement or by state or federally mandated laws preempting the City's authority to vest regulations for the Project. D. The City and Westfield now desire to amend the Development Agreement to provide that solely with respect to the Tukwila Sign Code, TMC Chapter 19, Westfield is vested to the provisions in effect on January 1, 2007, as opposed to the provisions in effect on the EIS Issuance Date. E. The City and Westfield agree that each has entered into this First Amendment knowingly and voluntarily, and agree to be bound by the terms and conditions of this First Amendment. F. The Tukwila City Council held a public hearing to consider this First Amendment on August 27 2007. Y. 1RPIWESTFIELD\DEVELOPMENT AGREEMENTIFIRST AMEND TO DEVELOPMENT AGREEMENT A EAG -DOC G. 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 First Amendment. AGREEMENT NOW THEREFORE, in furtherance of the recitals set forth above, which are incorporated herein by reference, the parties hereby agree as follows: 1. Vested Rights. Section 3.3 of the Development Agreement hereby is deleted in its entirety and replaced with the following: 3.3 Vested Rights. The provisions of the Tukwila Municipal Code "TMC excluding building and fire codes pursuant to TMC Chapter 16 and the Tukwila Sign Code (TMC Chapter 19), in effect on the EIS Issuance Date shall apply to the Project, except as otherwise provided in this Agreement or by state or federally mandated laws preempting the City's authority to vest regulations for the Project. Notwithstanding the foregoing, the provisions of the Tukwila Sign Code (TMC Chapter 19) in effect on January 1, 2007 shall apply to the Project. In addition, pursuant to RCW 36.70B.170(4) (Development Agreements Authorized), the City reserves authority to impose new or different officially adopted regulations of general applicability; but only if, and to the extent required by a serious threat to public health and safety as determined by the City Council, and only after notice and an opportunity to be heard has been provided to Westfield. The Project shall not be subject to any development moratoria the City may adopt subsequent to the date of this Agreement unless necessitated by a serious threat to the public health, safety and welfare. 2. Entire Agreement. This First Amendment and the Development Agreement constitute the entire agreement between the parties with respect to the subject matter of this First Amendment. 3. Full Force and Effect. Except as specifically set forth herein, the Development Agreement is and remains in full force and effect and binding on the parties. 4. Severability. In the event this First Amendment is declared unlawful or unconstitutional for any reason, the underlying Development Agreement shall remain in full force and effect and binding on the parties. 5. 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 perform all of the obligations of this First Amendment. Y:\WP\WESTFIELD\DEVELOPMENT AGREEMENTFIRST AMEND TO DEVELOPMENT AGREEMENT AEAG DOC 6. Counterparts. This First Amendment may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereby duly execute this First Amendment as of the date(s) listed below. ON BEHALF OF THE CITY OF TUKWILA Date of Execution: Steve Mullett, Mayor ATTEST: Jane Cantu, City Clerk APPROVED AS TO FORM City Attorney 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: Y: \WP \WESTF1ELD \DEVELOPMENT AGREEMENT FIRST AMEND TO DEVELOPMENT AGREEMENT A.EAG.DOC "E x 14s vr Ai% 'SxPAX.Isitti \AISSIT` 1 &i•b N 7- 4 Pr- 7• 1 t 1 4. 1 0 -r) i kr ut t. f• t. 1 1 i .1 il T— I --i- 1 tg r ta 4 fa i. l• a; t a t.. 1 r .7,1 1 .1".4 ■on „yr.. r 4 1 Q:.-..Ja 0 5... 4 r .1 it r: 7 r., Sb 1 7' ---4 I. 1 r i r.. s e 1 i .1" f 1 ,LT.T 1. rf.i .:•:,....7 I 7 )t 1- A -W...Y.n..-f40;r: ,1 -2 '1 r" r r j 4 ;r: 4:-. 1 /7 r Pi i r x 4 r n 4 7.-1 •-••2 0 1: .r ....d 1 1....-.-- .1 LCD i,..._: ;A; ---C f 1 P4M7 11R2:1ZZ.? N .r 1 EXHIBIT B LEGAL DESCRIPTION PARCEL l: 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 INTERURBAN ADDITION TO SEA1.'1LE, 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 406.49 FEET; THENCE SOUTH 89 °47'51" 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'OO" 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'OO" 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 FEBRUARY 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 I0 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 12235 FOOT RADIUS 63.68 FEET TO THE SOUTHERLY MARGIN OF TUKWILA PARKWAY AS DEEDED TO THE CITY OF TUKWILA 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 1472.39 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 THE 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 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 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 341.40 FEET; THENCE NORTH 00 °19'36" EAST 107.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 °19'36" EAST 114.25 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 OF 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