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HomeMy WebLinkAbout10-099 - Lily Pointe / KCFCZD (King County Flood Control Zone District) - Purchase and Sale Agreement for Tukwila Levee 205 10 -099 Council Approval 9/20/10 KING COUNTY FLOOD HAZARD REDUCTION PROGRAM �1 ~o :34 TUKWILA 205 PROJECT LILY POINTE PARCEL REAL ESTATE PURCHASE AND SALE AGREEMENT EASEMENT This Agreement is made as of the date this instrument is fully executed by and among LILY POINTE INVESTMENTS, LLC, a Washington limited liability company "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 certain easements 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 ILA 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 Revised between Seller and the City dated October 14, 2008, as amended by that certain Amendment to Possession and Use Agreement Revised dated September 9, 2010 (together, the "PUA agreed to provide certain easements to the City and the District. A form of the proposed easement was attached to the PUA as Attachment 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 Distnct concurs with the City as to this determination of value. 5. Pursuant to the PUA, the City has agreed to pay (and Seller has agreed to accept) interest on the value of the Easement at a rate of 9% per annum from May 19, 2008 until closing, so long as closing occurs no later than October 15, 2010. 18775202_1 DOC Page 1 of 20 September 2, 2010 67893- 0003 /LEGAL19087945 3 NOW THEREFORE, the Seller, City and District agree as follows: 1. PURCHASE PRICE: The total purchase price for the Easement is Three Hundred Forty Three Thousand and No /100 Dollars (US $343,000.00) "Purchase Price The Purchase Price is payable by the District at closing in cash. In addition, the City shall deposit the sum of Seventy Two Thousand Nine Hundred Seventy Two and No /100 Dollars (US $72,972.00), representing interest from May 19, 2008 until closing at the rate of 9% per annum. The parties acknowledge that the foregoing amount represents interest due under the PUA assuming that closing occurs on September 30, 2010. If the transaction contemplated herein does not close on September 30, 2010, the parties agree that the amount of interest shall be adjusted (either upward or downward) to account for the actual date of closing. Moreover, if the transaction does not close on or before October 15, 2010, the parties acknowledge that the interest rate will revert back to 12% per annum as originally contemplated in the PUA and, in this event, the parties shall revise the interest rate currently stated in Attachment "A" hereto. 2. TITLE: 2.1 Conveyance of Easement: At closing, Seller will execute and deliver to Buyer the Easement conveying and warranting good and marketable title to the Easement free and clear of all defects or encumbrances except those defects and/or encumbrances (if any) identified on Attachment "B" (collectively, "Permitted Exceptions 2.2 Title Insurance: At closing, Buyer shall receive (at Buyer's expense) a policy of title insurance for the Easement, dated as of the closing date and insunng 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 pnnted exclusions appearing in the policy form and any Permitted Exceptions. 3. CONTINGENCIES: 3.1 The sale of the Easement 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. 4. REPRESENTATIONS, WARRANTIES AND COVENANTS: 4.1 Seller: Seller represents, warrants and covenants to the Buyer at the date of execution of this Agreement and the date of closing that: 18775202_1 DOC Page 2 of 20 September 2, 2010 67893- 0003 /LEGAL19087945 3 4.1.1 Authority: Seller, and the person signing on behalf of Seller, has full power and authority to execute this Agreement and perform Seller's obligations, and if Seller is a corporation, all necessary corporate action to authorize this transaction has been taken; 4.1.2 No Leases: The Easement area is not subject to any leases, tenancies or rights of persons in possession, except those matters described on Attachment "B" hereto and that certain Amended and Restated Lease Agreement between Seller and Carlyle, Inc., a Washington corporation, dated December 14, 2007; 4.1.3 Fees and Commissions: Seller shall pay for any broker's or other commissions or fees incurred by the Seller in connection with the sale of the Easement and Seller shall indemnify and hold Buyer harmless from all such claims for commission and/or fees; and 4.1.4 Indemnification: Seller agrees to indemnify, defend, and hold harmless Buyer, its employees, agents, heirs and assigns, from and against any and all damage, claim, liability, or loss, including reasonable attorney's and other fees, arising out of or in any way connected to the breach of any representation or warranty contained in this Section 4.1. 4.2 Buyer: Buyer represents, warrants and covenants to the Seller at the date of execution of this Agreement and the date of closing that: 4.2.1 Authority: Buyer, and all persons signing on behalf of Buyer, have full power and authority to execute this Agreement and perform Buyer's obligations, and Buyer has taken all necessary municipal and other action to authonze this transaction; 4.2.2 Fees and Commissions: District shall pay for any broker's or other commissions or fees incurred by the Buyer in connection with the sale of the Easement and Buyer shall indemnify and hold Seller harmless from all such claims for commission and/or fees; and 4.2.3 Indemnification: Buyer agrees to indemnify, defend, and hold harmless Seller, its employees, agents, heirs and assigns, from and against any and all damage, claim, liability, or loss, including reasonable attorney's and other fees, arising out of or in any way connected to the breach of any representation or warranty contained in this Section 4.2 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. 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 closmg" means the date on which all appropnate documents are 1 8775202_1 DOC Page 3 of20 September 2, 2010 67893- 0003 /LEGAL 19087945.3 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 property taxes prorated through the date of closing. Buyer will pay the premium for its title insurance policy, the cost of recording the Easement from the Seller, and the Closing Agent's escrow fees. The parties acknowledge that WAC 458 -61A- 206(3) provides an applicable exemption to the payment of real estate excise tax. Buyer agrees to provide to Closing Agent before closing all documents necessary for the conveyance of the Easement to qualify for such exemption. 6. NOTICES: Any notices required herein shall be given to the parties at the addresses listed below: TO SELLER: TO BUYER: Lily Pointe Investments, LLC King County Flood Control District 4128 West Ames Lake Drive c/o King County Water and Land Resources Redmond, WA 98053 Division Open Space Acquisitions 201 South Jackson Street, Suite 600 Seattle, WA 98104 7. GENERAL: Other than the PUA, 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 nght or remedy in the event of a default will not constitute a waiver of such nght 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 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 terms, covenants, representations and warranties shall not merge in the conveyance, but shall survive closing. 18775202_1 DOC Page 4 of 20 September 2. 2010 67893- 0003 /LEGAL19087945 3 Signed in duplicate original. BUYER: King County Flood Control Zone District, a quasi municipal corporation of the State of Washington. BY: 9- Christie True Director Department of Natural Resources and Parks Date: 9 479 1 City of Tukwila, a municipal corporation of the State of Washington BY: 44;0 W m t-�-a P3/3,_70r Date: SELLER: Lily Pointe Investments, LLC, a Washington limited liability company i 11,4c'f/ (94 Date: l� V 18775202_1 DOC Page 5 of 20 September 2, 2010 67893- 0003/1.EGAL19087945 3 STATE OF WASHINGTON )SS. COUNTY OF KING I certify that I know or have satisfactory evidence that flue') 0,,) 5 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 I)c,' Aluec,r✓k )c4 -rit o oF° N v ;lc 56„'ace Am /1,40fr- 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: 011 11 1 11 IIIN ..2....._ c �a� N d: Printed name MTMY rs s. i Notary Public in and for the I. State of Washington Itt, 6)4\1......# 1�,�'�p�� Residing at /u6, (1 0 Ve t pw My appo expires (/%�(V 18775202 DOC Page 6 of 20 September 2, 2010 67893 0003 /1 EGA L19087945 3 STATE OF WASHINGTON, }SS. County of King I hereby certify that I know or have satisfactory evidence that 3M GECrDN MA -Y is /are the person(s) who appeared before me, and said person(s) acknowledged that he signed this instrument, on oath stated that he is /are authorized to execute the instrument and acknowledged it as the t&`i of the City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: gyp, Zb (J \I1tt L4t(tfn R. �SSA R 4 44 Printed signature s�op y i 8 oT 4 Notary Public in and for the State of Washington, t. cn _11 ,0 T 7 o S residing at �r.� IC-VA t p� WASO co My appointment expires J 0 /12 18775202 1 DOC' Page 7 of 20 September 2, 2010 67893 0003 /1. FGALI9087945 3 STATE OF WASHINGTON, SS. County of King I hereby certify that I know or have satisfactory evidence that 1C I A i is /are the person(s) who appeared before me, and said person(s) ackowledged that he /she /they signed this instrument, on oath stated that he /sh /they is /are authorized to execute the instrument and acknowledged it as the K of Lily Pointe Investments, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: /Cc/c Printed name Notary Public in and for the State of Washington, residing at pf 77z M appointment expires 0 `7 by 2r✓n ATTACHMENTS: Attachment A, Easement Attachment B, Permitted Exception/Title Report 18775202 1 DOC Page 8 of 20 September 2 2010 67893- 0003 /LE(jA L19087945 3 KING COUNTY FLOOD HAZARD REDUCTION PROGRAM TUKWILA 205 PROJECT LILY POINTE PARCEL ATTACHMENT A Recording Requested By and When Recorded Mail To: The City of Tukwila Office of the City Clerk 6200 Southcenter Blvd Tukwila, Washington 98188 EASEMENT Grantor: 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 Distnct, a quasi municipal corporation of the State of Washington Legal Description (abbreviated): Ptn. NW1 /4, 36 -23 -04 Additional legal description on page 7, hereinafter called Exhibit A. Assessor's Tax Parcel: 362304 9087 -04 Project: Tukwila -205 Site 3 Levee Repair THIS AGREEMENT made this day of 2010, by and between Lily Pointe Investments, LLC, a Washington Limited Liability Company, hereinafter called the Grantor, and The City of Tukwila, a municipal corporation of the State of Washington, and The King County Flood Control Zone Distnct, a quasi municipal corporation of the State of Washington, hereinafter collectively called the "Grantees Grantor, for and in consideration of the sum of three hundred forty three thousand dollars ($343,000.00) (plus interest at a rate of 9% per annum from May 19, 2008), the receipt and adequacy of which is hereby acknowledged, hereby grants and conveys to the Grantee(s), their successors and assigns, agents and licensees certain easements as described below (the 18775202_1 _DOC Page 9 of 20 September 2, 2010 67893- 0003 /LFGAI 19087945 3 "Easements for the purposes set forth herein, under, over and upon those limited portions of the Property described in Exhibit A, which Easements 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, on, over and across 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 Grantor, its heirs, successors 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 those defects and/or encumbrances (if any) identified on Exhibit E. On the flood protection levee in this 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(s). 2. Perpetual Road Easement. A perpetual and assignable easement and right -of -way 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, obstructions and other vegetation, structures, or obstacles within the limits of the levee access road right -of -way; reserving however, to the Grantor, its heirs, successors 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, pipelines, and those defects and/or encumbrances (if any) identified on Exhibit E. A map showing the location of said easement areas (the "Easement Areas is attached as Exhibit D. Except on the flood protection levee itself, Grantor shall have the right to place locked bollards across access to 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 reasonable notice to the Grantor prior to any use of the Easement Areas 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 Agreement. If in the use of the Easements granted above, the Grantee(s) shall damage other property of the Grantor or shall cause damage to the Easement Areas as a result of activity that is not permitted by this Agreement, each Grantee shall repair, replace and restore, at the Grantee's sole expense, said damage. 18775202_1 DOC Page 10 of20 September 2.2010 67893- 0003 /LEGAI 19087945 3 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 occurrence, 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 Agreement 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. 18775202_1.DOC Pau 11 of 20 September 2, 2010 67893-0003/LEGAL) 9087945.3 WITNESSETH, the said Grantor has hereunto signed their names the day and year first above written. GRANTOR: Lily Pointe Investments, LLC, a Washington Limited Liability Company BY Name: Title: GRANTEE: The City of Tukwila, a municipal corporation of the State of Washington. BY Name: Title: GRANTEE: King County Flood Control Zone District, a quasi municipal corporation BY: Acting pursuant to Resolution No. FCZD2008 -01.2 of said Grantee Name: Title: 18775202_1 DOC Page 12 of 20 September 2, 2010 67893 0003 /LEGA L 1 9087945.3 STATE OF WASHINGTON ss. COUNTY OF KING On this day of 2010, 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 Limited Liability Company, and that he /she was authorized to execute said instrument on behalf of said Limited Liability Company. 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: 18775202_1 DOC Page 13 of 20 September 2, 2010 67893- 0003 /LE GA L.1 9087945.3 STATE OF WASHINGTON ss. COUNTY OF KING On this day of 2010, 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: 18775202_1 DOC' Pan 14 01'20 September 2, 2010 67893- 0003 /1 EGA L19087945 3 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 18775202_1 DOC Page 15 of 20 September 2 2010 67893- 0003 /LEGAL19087045 3 EXHIBIT A UNDERLYING PROPERTY PARCEL(S) LEGAL DESCRIPTION That portion of Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36, a distance of 1,355.89 feet; Thence easterly along a curve to the left, the center of which bears north 02 °45'45" east, having a radius of 336.00 feet, an arc distance of 9.00 feet, through a central angle of 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. 18775202 1 DOC Page 16 of 20 September 2, 2010 67893- 0003 /1 EGAL 19087945 3 EXHIBIT B FLOOD PROTECTION LEVEE EASEMENT LEGAL DESCRIPTION That portion of Section 36, Township 23 North, Range 4 East, W.M., m King County, Washington, lying landward of the ordinary high water mark of the left bank of the Green River and riverward of a line described as follows: Beginning at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36, a distance of 1,355.89 feet; Thence easterly along a curve to the left, the center of which bears north 02 °45'45" east, having a radius of 336.00 feet, an arc distance of 9.00 feet, through a central angle of O1 °32'04" to the south line of the north 36 feet of Government Lot 4 in said Section 36; Thence south 88 °46'19" east along said south line a distance of 372.81 feet; Thence south 01°13'41" west a distance of 305.00 feet; Thence north 88 °46'19 west a distance of 50.00 feet to the hereinafter 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 °57'48" west a distance of 35.11 feet; south 67 °52'45" west a distance of 61.80 feet; north 83 °48'22" west a distance of 111.43 feet more or less, to the terminus of said line herein described, at a point which is located south 70 °57'20" west 216.98 feet, and south 27 °23'15" east 461.50 feet from point "A" referenced herein. 18775202 1 DO( Page 17 01'20 September 2, 2010 67893- 0003 /1 1 GAL19087945.3 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: Levee Access: Beginning at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36, a distance of 1,355.89 feet; Thence easterly along a curve to the left, the center of which bears north 02 °45'45" east having a radius of 336.00 feet, an arc distance of 9.00 feet, through a central angle of 01 °32'04" to the south line of the north 36 feet of Government Lot 4 of said Section 36; Thence south 88 °46'19" east along said south line a distance of 274.87 feet; Thence along a curve to the right, the center of which bears south 01°13'41" west having a radius of 50.00 feet, an arc distance of 78.54 feet, through a central angle of 90 °00'00 Thence south 01 °13'41" west a distance of 255.00 feet to the TRUE POINT OF BEGINNING; thence south 88 °46'19" east a distance of 48.00 feet; thence south 01 °13'41" west a distance of 33.27 feet; thence along a line hereinafter referred to as line "X south 69 °38'41" west a distance of 259.75 feet more or less to the westerly boundary of property described in Exhibit "A" herein; thence northerly and along said westerly boundary to a point on a line distant 30 feet northwesterly of said line "X" measured perpendicularly thereto; thence north 69°38'41" east to a point which bears south 01°13'41" west from the TRUE POINT OF BEGINNING; thence north 01°13'41" east 20.00 feet more or less to the TRUE POINT OF BEGINNING. 18775202_1 DOC' Page 18 of 20 September 2, 2010 67893- 0003 /LEGA 1.19087945.3 EXHIBIT D MAP OF PROPERTY AND EASEMENTS Tukwila 205: Site 3 Easements Temporary Staging and Work Area Easement Permanent Levee Easement Permanent Access Easement Parcel Boundaries 1S a )S 150 Feet 3623049079 3623049095 3623049094 I 1 3623049017 3623049087 L. r 18775202_1 DOC' Page 19 of 20 September 2, 2010 67893 0003 /LEGAL19087945 3 KING COUNTY FLOOD HAZARD REDUCTION PROGRAM TUKWILA 205 PROJECT LILY POINTE PARCEL ATTACHMENT B PERMITTED EXCEPTIONS /TITLE REPORT Those special exceptions listed on Pacific Northwest Title Company Title Commitment #661078 dated October 8, 2007, as supplemented by Supplemental Report #1 dated July 9, 2008, Supplemental Report #2 dated September 2, 2010, Supplemental Report #3 dated September 3, 2010 and Supplemental Report #4 dated September 22, 2010 (which Title Commitment and Supplements are incorporated into this Agreement by this reference), numbered 1, 2, 3, 4, 5, 6, 9, 10, 15 and general taxes and assessments that are not yet due and payable. 18775202_1 DOC' Page 20 01'20 September 2, 2010 67893- 0003 /LEGAL19087945 3