HomeMy WebLinkAbout10-074 - King County Flood Control Zone District (KCFCZD) - Purchase and Sale of Easement (Tukwila 205 Levee)Recording Requested By and
When Recorded Mail To:
The City of Tukwila
City Clerk's Office
6200 Southcenter Blvd
Tukwila, Washington 98188
EASEMENT
Page 1 of 16
201 00727001453
PACIFIC NW TIT EAS
PAGE -001 OF 016 77'00
07/27/2010 15.01
E2451867
07/27/2010 14:28
TAX
SALE
C_;vl
Grantor(s): Wells Fargo Bank, N.A., a national banking association
$10.00
$0.00 PAGE -001 OF 001
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 9 13, hereinafter called Exhibits A E.
Assessor's Tax Parcel ID 362304 -9094; 362304 -9095; 362304 -9079; 362304 -9017
Project: Tukwila -205 Levee
THIS AGREEMENT made this
j day of incu/i 2010, by and between
Wells Fargo Bank, N.A., a national banking association, he eiitafter called the Grantor(s), and
The City of Tukwila, a municipal corporation of the State of Washington, and The King
County Flood Control Zone District, a quasi municipal corporation, hereinafter collectively
called the "Grantees
Grantor(s), for and in consideration of the sum of one million and forty thousand dollars
($1,040,000), 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, non exclusive and
assignable right and easement in favor of the Grantees in the land described in
Exhibit B to construct, maintain, repair, operate, patrol and replace a flood protection
levee, pursuant to Public Law 84 -99 Levee Restoration for the Lower Green River
Section 205 Flood Protection Project, Job No.GRE -3 -07, including all
appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all
such rights and privileges as may be used without interfering with or abridging the
rights and easement hereby acquired; subject, however, to existing easements, rights
and estates in the subject land granted or reserved prior hereto and of record. The
447 y cd__(G /ivy -S
KING COUNTY FLOOD HAZARD REDUCTION PROGRAM
TUKWILA 205 PROJECT
WELLS FARGO PARCEL
10 -074
Council Approval N/A
0 8 O Li 2—
REAL ESTATE PURCHASE AND SALE AGREEMENT
EASEMENT
This Agreement is made as of the date this instrument is fully executed by and among WELLS
FARGO BANK, N.A., a national banking association "Seller THE CITY OF TUKWILA, a
municipal corporation of the State of Washington "City and KING COUNTY FLOOD
CONTROL ZONE DISTRICT, a quasi municipal corporation of the State of Washington
"District ")(sometimes the City and the District are collectively referred to herein as "Buyer
for purchase and sale of that certain easement situated in King County, Washington, described on
Attachment "A and all rights appurtenant thereto (the "Easement
RECITALS:
1. The City and the Green River Flood Control Zone District "GRFCZD a predecessor
of the District, entered into an Interlocal Cooperation Agreement "ILA to provide for
maintenance of the United States Army Corps of Engineers Lower Green River Section
205 Flood Protection Project "Tukwila 205 Project Said Agreement was ratified by
the Board of Supervisors of the GRFCZD under Resolution No. GR1994 -1, on February
7, 1994 and by the City on February 7, 1994 As successor in interest to the GRFCZD,
the District has certain operation and maintenance responsibilities under the terms of the
ILA for the Tukwila 205 Project.
2. Seller, through that certain Possession and Use Agreement "PUA between Seller and
the City, agreed to provide a bank protection easement to the City and the District. A
forn of the proposed easement was attached to the PUA as Exhibit 1..
3. The City in conjunction with the District agreed to pay the appraised value of the
easement rights being granted.
4. The City contracted with Andrew T. Robinson, MAI, to appraise the Easement, has
reviewed the appraisal and agrees with the conclusions of the appraiser. The District
concurs with the City as to this determination of value.
NOW THEREFORE, the Seller, City and District agree as follows:
Wells Fargo /Tukwila/King County Final 1 6/29/2010
FICOPY
1. PURCHASE PRICE: The total purchase price for the Easement is One Million Forty
Thousand and No /100 Dollars (US 1,040,000.00) "Purchase Price The Purchase Price is
payable by the District at closing in cash
0 �v
2. TITLE:
2.1 Conveyance by Easement: At closing, Seller will execute and deliver to Buyer the
Easement conveying the Easement subject to all encumbrances of record as of the closing date
(collectively, "Permitted Exceptions
2.2 Title Insurance: At closing, Buyer shall receive (at Buyer's expense) an owner's
Standard ALTA policy of title insurance, dated as of the closing date and insuring Buyer in the
amount of the Purchase Price against loss or damage by reason of defect in Buyer's title to the
Easement subject only to the printed exclusions appearing in the policy fonn and the Peimitted
Exceptions.
3. CONTINGENCIES:
3.1 The sale of the Property is contingent on receipt of grant funding and /or appropriation
by the Board of Supervisors of the King County Flood Control Zone District of funds
sufficient to close the sale. In the event this contingency is not satisfied and /or the closing
does not occur on or before the Outside Closing Date, then this Agreement shall terminate and
all originals thereof (including the originals of the Easement) shall be returned to the
respective parties (or destroyed by the Closing Agent if such documents are signed by both
parties) and thereafter neither party shall have any further rights or obligations under either
this Agreement or the Easement.
4. REPRESENTATIONS, WARRANTIES AND COVENANTS: Seller represents,
warrants and covenants to the Buyer at the date of execution of this Agreement and the date of
closing that:
4.1 Authority: Each party hereton, and the person signing on behalf of such party, has full
power and authority to execute this Agreement and perform such party's obligations, and if such
party is a corporation, all necessary corporate action to authorize this transaction has been taken;
4.2 No Leases: Seller has not entered into any leases affecting the Easement area;
4.3 Fees and Commissions: Each party shall pay for any broker's or other commissions or
fees incurred by such party in connection with the sale of the Easement and such party shall
indemnify and hold the other parties harmless from all such claims for commission and/or fees,
and
Wells Fargo /Tukwila/King County Final 2 6/29/2010
5. CLOSING:
5.1 Time for Closing: This sale will be closed in the office of the Closing Agent not later
than twenty one (21) days from the date of execution of this Agreement (the "Outside Closing
Date
Buyer and Seller shall deposit in escrow with Closing Agent all instruments, documents, and
moneys necessary to complete the sale in accordance with this Agreement. As used in this
Agreement, "closing" or "date of closing" means the date on which all appropriate documents are
recorded and proceeds of the sale are available for disbursement to Seller. The Closing Agent
shall be.
Pacific Northwest Title Company
215 Columbia Street
Seattle, WA 98104
5.2 Prorations; Closing Costs: Seller will pay real estate excise taxes (if any are due) and
real property taxes prorated through the date of closing. Buyer will pay the premium for its
owner's title insurance policy, the cost of recording the Easement from the Seller, and the
Closing Agent's escrow fees.
6. NOTICES: Any notices required herein shall be given to the parties at the addresses
listed below:
TO SELLER:
Wells Fargo Bank, N.A.
333 Market Street, 11 Floor
San Francisco, CA 94105
MAC# A0109 -112, Attn.: Lease Negotiations
With a copy to:
MAC# A0109 -111, Attn,: Lease Administration
TO BUYER:
King County Flood Control Zone District
c/o King County Water and Land Resources
Division
Open Space Acquisitions
201 South Jackson Street, Suite 600
Seattle, WA 98104
7. GENERAL: This is the entire agreement of the Buyer and Seller with respect to the
Easement and supersedes all prior or contemporaneous agreements between them, written or
oral. This Agreement may be modified only in writing, signed by Buyer and Seller. Any
waivers under this Agreement must be in writing. A waiver of any right or remedy in the event
of a default will not constitute a waiver of such right or remedy in the event of any subsequent
default. This Agreement is for the benefit of, and binding upon, Buyer and Seller and their heirs,
personal representatives, successors and assigns. The invalidity or unenforceability of any
Wells Fargo/Tukwila /King County Final 3 6/29/2010
provision of this Agreement will not affect the validity or enforceability of any other provision.
Time is of the essence in this Agreement.
8. SURVIVAL OF WARRANTIES: The tenns, covenants, representations and
warranties shall not merge in the conveyance, but shall survive closing for a period of one (1)
year following the recording of the Easement.
Signed in duplicate original.
BUYER: King County Flood Control Zone District, a quasi municipal corporation
of the State of Washington.
BY:
7
Bob Burns, Interim Director
Department of Natural Resources and Parks
Date:
City of Tukwila, a municipal corporation of the State of Washington
Wells Fargo /Tukwila/King County Final 4 6/29/2010
SELLER: Wells Fargo Bank, N.A. a national banking association
BY
Date:
Title:
STATE OF WASHINGTON
)SS.
COUNTY OF KING
I certify that I know or have satisfactory evidence that ,80,6 .Cc rrI-5 is the
person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he is authorizztoo exe utte the_itist r en and acknowledged
it as the,2 felt 7), i e WTI; r u�'�P a �a N r� o ing 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: 4/3?) D
ouuitI rrrr r 1/4
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Printed name
Notary Public in and for the
State of Washi n 1 I
Residing at °_<'LSLf
My appointment expires ...1
Wells Fargo /Tukwila/King County Final 5 6/29/2010
STATE OF WASHINGTON,
County of King
I hereby certify that I know or have satisfactory evidence that
is /are the person(s) who appeared
before me, and s aid p g that he signed this instrument, on oath stated
that he is /are authorized to execute the instrument and acknowledged it as the
of the City of Tukwila to be the free and voluntary act of such party for the
uses and p oses mentioned in this instrument.
Dated: n_ I i t
0 .41.. s i7 a
V erg i 41*-:// 0 114; Ft 19 w: 2 .,;4 ':10 1 C 4 ?-7 -411
SS.
f ,J
and person(s) owle ed
Printed signature
residing at
My appointment expires
Notary Public in and for the State of Washington,
c.,i e
Wells Fargo/Tukwila/King County Final 6 6/29/2010
STATE OF WASHINGTON,
}SS.
County of King
I hereby certify that I know or have satisfactory evidence that is /are
the person(s) who appeared before me, and said person(s) acknowledged that he /she /they
signed this instrument, on oath stated that he /she /they is /are authorized to execute the
instrument and acknowledged it as the of Wells Fargo
Bank N.A. to be the free and voluntary act of such party for the uses and purposes mentioned
in this instrument.
Dated:
ATTACHMENTS: Attachment A, Easement
Printed name
Notary Public in and for the State of
Washington, residing at
My appointment expires
Wells Fargo /Tukwila/King County Final 7 6/29/2010
KING COUNTY FLOOD HAZARD REDUCTION PROGRAM
TUKWILA 205 PROJECT
WELLS FARGO PARCEL
When Recorded Mail To:
The City of Tukwila
City Clerk's Office
6200 Southcenter Blvd
Tukwila, Washington 98188
ATTACHMENT A
Recording Requested By and Reference
EASEMENT
Grantor(s): Wells Fargo Bank, N.A., a national banking association
Grantee(s): The City of Tukwila, a municipal corporation of the State of Washington, and
The King County Flood Control Zone District, a quasi municipal corporation
Legal Description (abbreviated): Ptn. NW1/4, 36 -23 -04
Additional legal description on pages 6 13, hereinafter called Exhibits A E.
Assessor's Tax Parcel ID 362304 -9094; 362304 -9095; 362304 -9079; 362304 -9017
Project: Tukwila -205 Levee
THIS AGREEMENT made this day of 2010, by and between
Wells Fargo Bank, N.A., a national banking association, hereinafter called the Grantor(s), and
The City of Tukwila, a municipal corporation of the State of Washington, and The King
County Flood Control Zone District, a quasi municipal corporation, hereinafter collectively
called the "Grantees
Grantor(s), for and in consideration of the sum of one million and forty thousand dollars
($1,040,000), 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
Wells Fargo /Tukwila/King County Final
8 6/29/2010
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, non- exclusive and
assignable right and easement in favor of the Grantees in the land described in
Exhibit B to construct, maintain, repair, operate, patrol and replace a flood protection
levee, pursuant to Public Law 84 -99 Levee Restoration for the Lower Green River
Section 205 Flood Protection Project, Job No.GRE -3 -07, including all
appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all
such rights and privileges as may be used without interfering with or abridging the
rights and easement hereby acquired; subject, however, to existing easements, rights
and estates in the subject land granted or reserved prior hereto and of record. The
foregoing easement is described as the "Permanent Levee Easement" in the map
showing such easements attached hereto as Exhibit E.
2. Access Road Easement. A perpetual, non- exclusive 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, rights and estates in the subject land granted
or reserved prior hereto and of record. The foregoing easement is described as the
"Permanent Access Easement" in the map showing such easements attached hereto
as Exhibit E.
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, subject however, to existing easements, rights
and estates in the subject land granted or reserved prior hereto and of record. The
foregoing easement is described as the "Temporary Staging and Work Area
Easement" in the map showing such easements attached hereto as Exhibit E.
Wells Fargo /Tukwila /King County Final 9 6/29/2010
All cost and expense of work undertaken at the subject property by or at the behest of
Grantees, for the Flood Protection Levee or otherwise (the "Work shall be paid and borne
exclusively by Grantees. Grantees shall keep Grantor's lands free and clear from any and all
liens of whatever nature arising out of any Work performed, materials furnished and /or
obligations incurred by, on behalf of, or under the direction of, Grantees. Grantees further
agree to indemnify and defend Grantor and Grantor at Grantees' sole cost and expense, from
and against any and all liabilities, actions and/or costs of suit arising in connection with any
such lien, including but not limited to, attorney's fees and court costs.
Grantees shall not cause any disruptions to the normal business activities on Grantor's
property (including access to said property from public streets as well as access to all
entrances of the buildings and parking located on said property) during the course of all
Work, provided that temporary disruptions of fifteen (15) minutes or less shall be permitted to
the extent necessary for the performance of Grantor's Work. In addition, Grantee shall
promptly repair and restore all landscaping and surface improvements disturbed or removed
by Grantee in the course of the Work, all without cost or expense to Grantor but subject to
U.S. Army Corps of Engineers levee standards for operation and maintenance.
Grantees agree to take, or require their contractors and agents to take, all necessary and
appropriate measures (including erection of a hurricane fence or other barrier to secure the
Temporary Work Area Easement) to ensure the safety of persons engaged in the Work and all
of Grantor's employees, customers, agents, licensees and invitees using Grantor's lands during
the performance of the Work. Materials and equipment for the Work shall not be left strewn
on Grantor's lands, but shall be piled, to the extent practicable, on the Temporary Work Area
Easement. Grantees shall not permit their contractors or subcontractors to post any
advertising on Grantor's lands.
Grantor(s) shall have the right to place locked bollards within the Flood Protection Levee
Easement and Road Access Easement (collectively the "Perpetual Easements but not on the
levee structure itself, so long as the Grantee(s) are provided a key or combination to access
the Perpetual Easements. Notwithstanding the foregoing, Grantee shall not place any locked
bollards (or any other improvements) which would block or interfere with accessing the
existing entrance to the building located on the parcel identified as 3623049079 on the map
attached hereto as Exhibit E. Except during emergencies, Grantee(s) shall give notice to the
Grantor(s) prior to any use of the Perpetual 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.
Wells Fargo/Tukwila/King County Final 10 6/29/2010
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 agrees to indemnify and hold harmless Grantor, and
defend and protect it, against and from any and all claims, demands, damages, losses, liability,
costs and expenses (including attorney's fees) arising by reason of any injury to or death of
any person or persons or theft, loss or damage to any property occurring on or about Grantor's
lands or claims of any kind or nature as a result of any activity, work or thing done, permitted,
suffered or omitted to be done on or about Grantor's lands by Grantees or their contractors,
agents or employees during the term of this Agreement. Grantees hereby accepts all risk of
injury to persons or damage to or loss of property occasioned by any defect on or about
Grantor's lands, or any disrepair or hazardous or unsafe condition therein or thereabout, and
Grantees hereby unconditionally release Grantor from any and all liability therefor. Grantees
shall be solely responsible for the security of all their own property and of personal property
under their custody and control on Grantor's lands (including the supplies, material, personal
property and equipment of Grantees' contractors and crews), and for any repairs to or
replacement or compensation for such property which may arise out of any theft, loss or
damage thereto.
Grantees shall not draw power, electricity or other utilities from Grantor's utility facilities on
Grantor's lands.
Grantees hereby represent and warrant that the Perpetual Easements do not lie beneath any
existing building or other structure (apart from parking surfaces) located on the real property
of Grantor. Moreover, after completion of all Work, nothing herein shall preclude Grantor's
installation and maintenance of landscaping and related improvements within or over the
Perpetual Easements subject to U.S. Army Corps of Engineers levee standards for operation
and maintenance.
On the flood protection levee in the Flood Protection Levee Easement, Grantor shall
not install, construct, alter or remove any structures or improvements, or plant, trim or remove
any vegetation, without prior approval of Grantee. Grantor may install and maintain
landscaping and landscaping related improvements in the Perpetual Easements outside of the
flood protection levee, subject to U.S. Army Corps of Engineers levee standards for operation
and maintenance."
The obligations of Grantees under this Agreement shall be joint and several.
Wells Fargo /Tukwila /King County Final 11 6/29/2010
Any notice required or permitted by this Agreement to be provided to any of the other parties
hereto shall be in writing and shall be deemed duly provided and received when personally
delivered to the party to which it is directed or, in lieu of such personal delivery, three (3)
days after deposit in the United States mail, sent certified mail with first -class postage prepaid
(or immediately upon confirmation of transmission receipt after facsimile transmission,
provided such notice is also deposited in the U.S. mail as aforesaid), and addressed as
follows:
Wells Fargo Bank
Corporate Properties Group
333 Market Street
11th Floor
San Francisco, CA 94105
MAC# A0109 -112
Attn: Lease Negotiations
With a copy to:
Wells Fargo Bank
Corporate Properties Group
333 Market Street
11th Floor
San Francisco, CA 94105
MAC# A0109 -111
Attn: Lease Administration
The City of Tukwila
Department of Public Works
6300 Southcenter Blvd, Suite 100
Tukwila, Washington 98188
Attn: Public Works Director
King County Flood Control Zone District
c/o King County Water and Land Resources
Division
201 South Jackson Street, Suite 600
Seattle, Washington 98104
Attn: Division Director
Either party hereto may by written notice to the other party hereto specify a different address
for notice purposes or add one additional address for notice purposes.
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.
Each of the undersigned hereby represents and warrants that it is authorized to execute this
Agreement on behalf of the respective parties to this Agreement and that this Agreement,
when executed by said parties, shall become valid and binding obligations enforceable in
accordance with its terms.
Wells Fargo /Tukwila/King County Final
12 6/29/2010
Either party hereto may by written notice to the other party hereto specify a different address
for notice purposes or add one additional address for notice purposes.
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.
Each of the undersigned hereby represents and warrants that it is authorized to execute this
Agreement on behalf of the respective parties to this Agreement and that this Agreement,
when executed by said parties, shall become valid and binding obligations enforceable in
accordance with its teens.
WITNESSETH, the said Grantor(s) and Grantee(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:
By:
Name: T PdJ bd 1
Title:
Page 5ofl6
1P
GRANTEE: The City of Tukwila, a municipal corporation of the State of Washington
r
By:
Name: j in 4GcC r D
Title: Yl(1G1 (94 �J
GRANTEE: The King County Flood Control Zone District, a quasi municipal corporation
By iJw-�-
Name :33 'CS./CA
Title: rP✓wv1 T t
State of California
County of,40/i41
v
On a20 U before me, (he�re'nse name and title of the officer), personally
appeared OCrc4 J
who proved
to me on the basis of satisfactory evidence to be the person) whose name) is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) the instrument the person(s), or the entity upon
behalf of which the personCs1 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
74,
Page 6of16
(Seal)
JUDY �?O lES
Cc n 1667570
Cc orr„a
,-i County
s.n
C.or Jun )n ?n
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day of -.J 2010, before me, the undersigned, a Notary
Public in and for the State of Washgto duly commissioned and sworn, personally appeared
m Ct C p I A to me known to be the person who
signed as of the City of Tukwila, a municipal
corporation of the State of W?shington, 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 Q 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.
`a` va•%% 11 19111 1j
zssto 'Foi 1, C-
Print Name: s7i /'(1 0 fil�0..
1.0 rf
4* a Notary Public in and or the State of Washingto
x� o a I residing at L r114.) -e_,./- s My commission expires: 2 G i
411/1111 s
s j i 0 g 12
Page 7of16
STATE OF WASHINGTON
ss.
COUNTY OF�II
KING
On On this 0 1 6 14L day of Cfline-
2010, before me, the undersigned, a Notary
Public in;,n d for the State of Washington, duly commissioned and sworn, personally appeared
b blur' to me known to be the person who
signed as rn'te-ritr, re t of a/✓,P of the King County Flood Control Zone
District, a quasi public corporation, that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said corporation
for the uses and purposes therein mentioned, and on oath stated that he was duly
elected, qualified and acting as said officer of the corporation, that fe_ 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.
1111I
‘`‘,`o {y
HO r f
s>..'g fr j e 440... i i,
i *OTAAr
o
4114 itsorligr o%
I II 7.7
mount Name:
Notary Publi and f r the State of Washington,
residing at /`C`e
My commission expires: S 5 -gyp
Page 8of16
PARCEL A:
EXHIBIT A
UNDERLYING PROPERTY PARCEL(S)
LEGAL DESCRIPTION
That portion of Government Lot 4, Section 36, Township 23 North, Range 4 East, W.M in
King County, Washington, described as follows:
Commencing at the northwest corner of said Section 36;
Thence south 01 °19'01" west along the west line of said Section 36 a distance of 1,320 01 feet
to the northwest corner of said Government Lot 4;
Thence south 88 °04'53" east along the centerline of South 180th Street, a distance of 431.81
feet;
Thence south 01 °55'07" west a distance of 36.00 feet to the southerly margin of said South
180th Street and the TRUE POINT OF BEGINNING;
Thence south 88 °04'53" east along said southerly margin a distance of 257.94 feet,
Thence south 11 °05'55" east a distance of 70 94 feet;
Thence south 07 °39'54" east a distance of 50.09 feet;
Thence south 09 °22'49" east a distance of 50.02 feet;
Thence south 15 °06'12" east a distance of 39.16 feet;
Thence north 88 °04'53" west a distance of 353.52 feet;
Thence north 01 °55'07" east a distance of 155.00 feet;
Thence along a curve to the right having a radius of 50.00 feet, an arc distance of 78.54 feet
through a central angle of 90 °00'00" to the TRUE POINT OF BEGINNING,
EXCEPT THAT PORTION conveyed to the City of Tukwila by deed recorded as Recording
Number 9203301074.
PARCEL B:
That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W.M., in
King County, Washington, described as follows:
Beginning at the northwest corner of said Section 36;
Thence south 01 °19'01" west along the west line of said Section 36, a distance of 1320.01 feet
to the northwest corner of said Government Lot 4;
Thence south 88 °04'53" east along the centerline of South 180 Street a distance of 381 81
feet,
Thence south 01 °55'07" west a distance of 341.00 feet to the north line of property conveyed
to David F. Bolger by deed recorded under Recording Number 7606290589 and the TRUE
POINT OF BEGINNING,
Wells Fargo/Tukwila/King County Final 17 6/29/2010
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.
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 Govermnent 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 are 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 Governeninent Lot 4 and a line 30 feet Easterly of and parallel to the West
boundary line of said Government Lot 1 with the following bearings and distances.
NORTH 36 40 03 West a distance of 169.42 feet and
North 38 32 31 West a distance of 172.15 feet to a line 144.00 feet South of and parallel
to the North line of said Government Lot 4;
Thence South 88 46 19 East along said line a distance of 390.63 feet, more or less, to the
TRUE POINT OF BEGINNING.
Wells Fargo /Tukwila/King County Final 18 6/29/2010
PARCEL D:
That portion of Goverment Lot 4 in Section 36 and that portion of Governemnt Lot 1 in
Section 35, ALL in Township 23 North, Range 4 East, W.M., in King County, Washington,
described as follows:
Beginning at the Northwest corner of said Section 36;
Thence South 01 19 01 West along the West line of said Section 26 a distance of 1355.89
feet to the South margin of South 180th Street;
Thence Easterly along a curve to the left, the center of which bears North 02 45 45 East
having a radius of 336.00 feet, an arc distance of 9.00 feet through a central angle of 01 32
04 to the South line of the North 36 feet of said Govermnent Lot 4;
Thence South 88 46 19 East along said South line a distance of 274.81 feet;
Thence along a curve to the left having a radius of 50.00 feet an arc distance of 78.54 feet
through a central angle of 90 00' 00
Thence South 01 13 41 West a distance of 255.00 feet;
Thence North 88 46 19 West a distance of 2.00 feet;
Thence South 69 38 41 West a distance of 187.60 feet, more or less, to a line 30 feet
Easterly of and parallel to the West boundary line of said Govermnent 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 Govermnent 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 Govermnent 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
Govermnent 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.
Wells Fargo /Tukwila/King County Final 19 6/29/2010
PARCEL E:
That portion of Government Lot 4 in Section 36, and that portion of Government Lot 1 in
Section 35, ALL in Township 23 North, Range 4 East, W.M., in King County, Washington,
described as follows:
Beginning at the Northwest corner of said Section 36;
Thence South 01 19 01 West along the West line of said Section 36, a distance of
1,355.89 feet to the South margin of South 180th Street and the TRUE POINT OF
BEGINNING;
Thence Easterly along a curve to the left, the center of which bears North 02 45 45 East,
having a radius of 336.00 feet, an arc distance of 9.00 feet through a central angle of 01 32
04 to the South line of the North 36 feet of said Government Lot 4;
Thence South 88 46 19 East along said South line, a distance of 274.81 feet;
Thence along a curve to the right having a radius of 50.00 feet, an are distance of 78.54 feet
through a central angle of 90 00' 00
Thence South 01 13 41 West, a distance of 58.00 feet;
Thence North 88 46 19 West to the Southwesterly line of Government Lot 1 of said
Section 35;
Thence Northwesterly along said Southwesterly line to the Western extension of the North
line of Government Lot 4 in said Section 36;
Thence South 88 46 19 East along said Westerly extension to a point 142.38 feet West of
the Northwest corner of said Government Lot 4,
Thence on a curve to the left, the center of which bears North 27 59 36 East, having a
radius of 336.00 feet, an arc distance of 147.96 feet to the TRUE POINT OF BEGINNING.
PARCEL F:
An undivided one quarter interest in the private roadway being known as "Sperry Drive
described as follows:
Beginning at the Nothwest corner of said Government Lot 4,
Thence South 88 04 53 east along the centerline of South 188th Street a distance of
431 81 feet;
Thence South 01 55 07 West a distance of 36.00 feet to the Southerly margin of said
South 180th Street and the TRUE POINT OF BEGINNING,
Wells Fargo /Tukwila/King County Final 20 6/29/2010
Thence along a curve to the left having a radius of 50.00 feet, an arc distance of 78 54 feet
through a central angle of 90 00 00
Thence South 01 55 07 West a distance of 255.00 feet;
Thence North 88 04 53 West a distance of 48.00 feet;
Thence North 01 55 07 East a distance of 255.00 feet,
Thence along a curve to the left having a radius of 50 00 feet, an are 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.
Wells Fargo /Tukwila/King County Final 21 6/29/2010
EXHIBIT B
FLOOD PROTECTION LEVEE EASEMENT
LEGAL DESCRIPTION
All those portions of Parcels C, D, and E, Exhibit A herein, lying southwesterly and
riverward of a line described as follows:
Beginning at the Southeast corner of said Parcel C, and running thence along the Southerly
boundary line North 88° 46' 19" West a distance of 2.00 feet, and South 69° 38' 41" West a
distance of 143.8 feet to the TRUE POINT OF BEGINNING;
Thence North 36° 25' 56" West a distance of 477.6 feet more or less to the Northerly
boundary of said Parcel E and the terminus of the line so described.
Also, all those portions of Parcels A and B, Exhibit A herein, lying Easterly of a line
described as follows
Beginning at the southwest corner of said Parcel B, and running along the Southerly boundary
line South 88° 04' 53" East 319.9 feet to the TRUE POINT OF BEGINNING,
Thence North 15° 10' 08" West a distance of 316.8 feet more or less to the Northerly
boundary of said Parcel A and the terminus of the line so described.
Wells Fargo /Tukwila/King County Final 22 6/29/2010
EXHIBIT C
PERMANENT ACCESS ROAD EASEMENT
LEGAL DESCRIPTION
That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W.M., in
King County Washington, being a strip of land 30 feet in width, lying 15 feet on either side of
a centerline described as follows:
Beginning at the northwest corner of said section 36;
Thence south 01 °19'01" west along the west line of said section 36 a distance of 1,320 01 feet
to the northwest corner of said Government Lot 4,
Thence south 88 °04'53" east along the centerline of South 180 Street, a distance of 381.81
feet;
Thence south 01 °55'07" west a distance of 291.00 feet to a point located 50 feet northerly
from the north line of property conveyed to David R. Bolger by deed recorded under
Recording Number 7606290589 and the True Point of Beginning;
Thence south 88 °04'53" east along said north 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.
Wells Fargo /Tukwila/King County Final 23 6/29/2010
EXHIBIT D
TEMPORARY WORK AREA EASEMENT
That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W M., in
King County Washington, described as follows:
Beginning at the northwest corner of said section 36;
Thence south 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 Govermnent 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.
Wells Fargo /Tukwila/King County Final 24 6/29/2010
I
r
Tukwila 205: Site 3 Easements
Temporary Staging and Work Area Easement
Permanent Levee Easement
Permanent Access Easement
Parcel Boundaries
Wells Fargo /Tukwila /King County Final
3623049095
3623049094
EXHIBIT E
25
6/29/2010
Wells Fargo /Tukwila/King County Final 26 6/29/2010