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HomeMy WebLinkAboutCOW 2014-01-27 Item 5A - Ordinance - 41st Avenue South Street VacationCOUNCIL AGENDA SYNOPSIS nitials Meet/ q Date Prepared hy Ma or's review Council review 12/09/13 DCS L‘-‘ 01/27/14 DCS 02/03/14 DCS ITEM INFORMATION ITEM No. 4& 5.A. STAFF SPONSOR: DEREK SPECK ORIGINAL AGENDA DATE: 12/9/13 .AGENDA FIEM Trn..,E An ordinance vacating a portion of 41st Avenue South CATEGORY Discussion Mtg. .Date 12/9/13 Motion Mtg Date 12/9/13 Resolution Mtg Date 12/9/13 Ordinance Mtg Date 2/3/14 [11 Bid Award Mtg Date Public Hearing Mtg Date 1/27/14 Other mtg Date SPONSOR LI Council .May or 111 HR 111 DCD Lil Finance 111 Fire [1] IT Pea II Police SP )N( )R'S SL SUMMARY The Council is being asked to hold a public hearing and approve an ordinance vacating the portion of 41st Avenue South that adjoins South 144th Street. This street vacation is necessary for the Tukwila Village development to proceed. REV I I ;',\VO:.,E) BY Ij COW Mtg. Ell CA&P Cmte 11 Utilities Cmte Arts Comm. DATE 11/26/13 F&S Cmte Transportation Cmte 11 Parks Comm. El Planning Comm. COMMITTEE CHAIR: KRULLER RECOMMENDATIONS: SPoNseR/ADmIN. Department of Public Works and Mayor's Office COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EX PIENIATURE REQUIRkD $0 AMOUNT BUDGETED $0 APPROPRIATtON REQUIRED $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/9/13 Adoption of Resolution setting public hearing date of 1/27/14 MTG. DATE ATTACHMENTS 1/27/14 Informational Memorandum dated 1/22/14 Ordinance in Draft Form Exhibit A: Legal description of street to be vacated Exhibit B: Survey map of street to be vacated Exhibit C: Temporary Access Easement (Normandy Court) with attachments D1, D2, D3 Exhibit D: Temporary Access Easement (Samara) with attachments D1, D2, and D3 2/3/14 1 2 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Derek Speck, Economic Development Administrator DATE: January 22, 2014 SUBJECT: Street Vacation of 41s, Avenue South ISSUE Council is being asked to approve an ordinance vacating the portion of 41st Ave S that adjoins S 144th St. BACKGROUND Since 1999 the City has been acquiring and clearing property at the intersection of Tukwila International BIvd and S j44th St for the Tukwila Village redevelopment project ject in order to eliminate blight and to revitalize the neighborhood. A portion Vf41mAve S lies within Tukwila Village project boundaries. E8dyiO its inception, the Tukwila Village project included the possibility of vacating 41 st Ave S in order to enable better site planning and more efficient development. DISCUSSION The City owns all of the parcels along the eas and wes sides of this portion of 41St Ave S. If the Street 5 vacated, the title of the|8Odw0U|dtheObe|oOg1Uth8CitVGs|8Od.bUtOot"hghtVfwm".Th8CityC0U|d1h8nS8Uthis property in combination with the land that is part of the Tukwila Village development. 41u Ave Sis the only public road providing access to the parking lot that is on Normandy Court property. As such, the City is legally bound to ensure the Normandy Court property continues to have reasonable access to a public road such as S 1441h St or Tukwila International BIvd. The proposed ordinance includes conditions that would require easements be executed in order to ensure that access. The Sama have a 25' wide easement across the Normandy Court parking lot from the Sama property to 41st Ave S. Although the City is not legally bound to provide public access to the Samara property since it already has good access on 42nd Ave S, the Samara and City desire to have continued access for emergency vehicles. The proposed ordinance includes conditions that would require easements be executed in order to ensure that access. FINANCIAL IMPACT As the City owns the street and adjacent parcels, there will be no cost or budgetary impact. RECOMMENDATION Council is being asked to hold a public hearing at the January 27, 2014 Committee of the Whole meeting and approve an ordinance vacating the portion of 41st Ave S that adjoins S 144th St at the February 3, 2014 Regular meeting. Attachments: Draft Ordinance Exhibit A: Legal Description of Right of Way to be vacated Exhibit B: Survey Map of Right of Way to be vacated Exhibit C: Temporary Access Easement (Normandy Court) Attachment 01: Legal Description of Tukwila Village properties Attachment C2: Map of Tukwila Village properties Attachment C3: Map of easement area Exhibit D: Temporary Access Easement (Samara) Attachment D1: Legal D ot Tukwila Village properties Attachment D2: Map of Tukwila VIIage propertes Atlachment D3: Map of easement area 4 D':AFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS PORTIONS OF 41ST AVENUE SOUTH; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation procedures including a public hearing by resolution, review and comment, public notification, and submittal of relevant information to City Council; and WHEREAS, upon petition by the City, the City Council of the City of Tukwila passed Resolution No. 1810, dated December 9, 2013, fixing the time for a public hearing for vacation of right -of -way within the City of Tukwila dedicated for street purposes; and WHEREAS, the City Council conducted a public hearing on January 27, 2014 for the purpose of considering the vacation of portions of 41st Avenue South located in the City of Tukwila, at which time all persons interested in said vacation were invited to appear and be heard; and WHEREAS, following conclusion of the public hearing, the City Council found the property should be vacated, subject to certain conditions identified in this ordinance; and WHEREAS, utilities exist in the right -of -way being vacated; and WHEREAS, the City of Tukwila and Normandy Court Holdings, LLC are the property owners abutting the 41st Avenue South right -of -way; and WHEREAS, Samara Hubner Incorporated is a property owner with an easement connecting to the 41st Avenue South right -of -way; W: Word Processing \Ordinances \41st Ave S street vacation 1 -22 -14 DS:bjs Page1 of 3 5 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Vacation. The following property located in the City of Tukwila is hereby vacated: That portion of 41st Avenue South adjoining South 144th Street, as more particularly described in the legal description attached as Exhibit A and depicted on the map attached as Exhibit B. Section 2. Consideration. Because the vacation is petitioned by a government agency, which is the City of Tukwila, the City waives compensation requirements. Section 3. Conditions Precedent. This vacation is conditioned upon satisfaction of the following: 1. Execution of a temporary easement for pedestrian and vehicle access to the property located at 14225 42nd Avenue South known as the Normandy Court Apartments, King County Assessor Parcel No. 611110 -0000. Such easement shall be in substantially the same form as that attached as Exhibit C. 2. Execution of a temporary easement for emergency vehicle access to the property at 14201 42nd Avenue South known as the Samara Apartments, King County Assessor Parcel Nos. 152304 -9279 and 152304 -9191. Such easement shall be in substantially the same form as that attached as Exhibit D. 3. Execution of a temporary easement benefitting Valley View Sewer District for the existing sewer main to remain in place until such time as it is relocated to facilitate the Tukwila Village Project. This temporary easement shall terminate upon execution of a permanent easement for Valley View Sewer's relocated facilities within the Tukwila Village Project area. 4. Execution of a temporary easement benefitting Water District 125 for the existing water main to remain in place until such time as it is relocated to facilitate the Tukwila Village Project. This temporary easement shall terminate upon execution of a permanent easement for Water District 125's relocated facilities within the Tukwila Village Project area. Section 4. Duties. A. The City Clerk is hereby directed to record a copy of this ordinance with King County, upon determination by the Public Works Director that the conditions referenced above have been satisfied. B. Upon the recording of a copy of the ordinance, the City Public Works Department shall amend the City's official street map to be consistent with this ordinance. W: Word Processing \Ordinances \41st Ave S street vacation 1 -22 -14 DS:bjs 6 Page 2 of 3 Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 6. 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 7. Ordinance Effective Date. This ordinance shall take effect five days after passage and publication as provided by law; provided that the vacation specified above shall not become effective until the conditions contained herein have been fully satisfied. Section 8. Vacation Effective Date. This street vacation shall take effect once all the conditions have been met, and all documents have been recorded with King County Records. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Attachments: Exhibit A — Exhibit B — Exhibit C — Exhibit D — Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Legal Description Map Temporary Access Easement (with Normandy Court Holdings, LLC) (plus Attachments C1, C2 and C3 —with attachments C3a and C3b) Temporary Access Easement (with Samara Hubner, Inc.) (plus Attachments D1, D2 and D3 —with attachments D3a and D3b) W: Word Processing \Ordinances \41st Ave S street vacation 1 -22 -14 DS:bjs Page 3 of 3 7 8 41st Avenue S. Vacation Documents Vacation Ordinance Exhibit A: Legal description of 41st Avenue S. Exhibit B: Map of 41St Avenue S. Exhibit C: Temporary Access Easement (for Normandy Court) • Attachment C1: Legal descriptions of Tukwila Village properties • Attachment C2: Depiction of Tukwila Village properties • Attachment C3: Permanent easement o Attachment C3a: Legal description of access easement o Attachment C3b: Map of access easement Exhibit D: Temporary Access Easement (for Samara) • Attachment D1: Legal descriptions of Tukwila Village properties • Attachment D2: Depiction of Tukwila Village properties • Attachment D3: Permanent easement o Attachment D3a: Legal description of access easement o Attachment D3b: Map of access easement 9 10 Exhibit A to Ord. No. LEGAL DESCRIPTION RIGHT -OF -WAY VACATION That portion of 41st Avenue South as dedicated by the Plat of Cherry Lane, recorded in Volume 48 of Plats, at Page 21, records of King County, Washington, Lying North of a line parallel with and 30.00 feet North of the South line of the Southeast quarter of the Southwest quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian. Containing approximately 23,967 square feet. Project Name: Tukwila Village Mav 31. 2012 11 12 Exhibit B to Ord. No. 1'=80' PARCEL A PARCEL D .P. NO. 00-0-88 RIEC.R10. 0010240814 LOT :1 CHEP.RY FO.21 RIGHT—OF—WAY VACATION 23,967± S.F. 144TH ST. 0 E 0 CJ Cr, 0 5255tEXH01 0 0 S. UNE SE17 4 SW1/4 SEC.15 SCALE: HORIZONTAL 1-=.80. VERTICAL N/A .Ai, 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251-6222 (425)251-8782 FAX CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ''"er ergo ENVIRONMENTAL SERVICES For: TUKWILA VILLAGE JOB NUMBER 15255 15255L.001.DOC Title: RIGHT-OF-WAY VACATION SHEET ESIGNED XX IDR4WN STM 'CHECKED BOG !APPROVED L3DG IDATE 05-31-12 13 14 Exhibit C to Ord. No. TEMPORARY ACCESS EASEMENT THIS TEMPORARY ACCESS EASEMENT ( "Easement ") dated , 2014 ( "Effective Date "), is granted to NORMANDY COURT HOLDINGS, a Washington limited liability company (the "Grantee ") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor "). RECITALS A. On December 21, 2012, the City entered into a Development Agreement for the Tukwila Village Project to develop a number of parcels along Tukwila International Boulevard in the vicinity of South 144th Street (the "Property "). The legal description of the parcels that make up the Property is attached hereto as Attachment C1 and depicted on the map attached hereto as Attachment C2. B. On or about the Effective Date, the City will vacate a portion of the right of way commonly known as 41st Avenue South (hereinafter referred to as "Vacated Road ") to facilitate construction of the Tukwila Village Project. Title to the real property comprising the Vacated Road will revert to the City by operation of law once the vacation is complete. C. Grantee is the owner of the property located at 14225 42nd Avenue South, known as the Normandy Court Apartments, King County Assessor Parcel No. 611110 -0000 (the "Normandy Court"). D. The Vacated Road is currently used for pedestrian and vehicular access to the Normandy Court. E. After completion of the Tukwila Village Project, the City or the City's successor in interest shall grant a permanent easement to Grantee to allow for pedestrian and vehicular access to the Normandy Court from Tukwila International Boulevard and South 144th Street. F. Temporary access to the Normandy Court by vehicles and pedestrians is necessary during construction of the Tukwila Village Project, and the City desires to grant such access, subject to the terms and conditions set forth in this Easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 15 Exhibit C 1. Access Easement. The City grants to Grantee a temporary, non- exclusive easement for ingress and egress in, on, over, upon and across the Property in the form of a paved surface no less than 20 feet wide that will connect the Normandy Court Apartments to either Tukwila International Boulevard, South 144th Street, or both (the "Access Road "). The Access Road shall be relocated on the Property from time to time to accommodate construction of the Tukwila Village Project. 2. Reservation of Rights. The City and the City's designees reserve the right to use the Property for any purpose not inconsistent with the easement rights herein granted. 3. Successors.and Assigns. The terms and conditions of this Easement shall constitute covenants running with the land, and shall burden and benefit the land described herein as well as the owners of said land and their respective successors and assigns in interest. 4. Amendments. This Easement contains all covenants and agreements with respect to the matters set forth in this agreement. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this easement shall not be altered, modified or added to except in writing signed by the parties to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. Severability. In the event any term, covenant, condition, provision, or easement contained in this Easement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Easement. 6. Termination. This Temporary Access Easement shall automatically terminate upon execution of a permanent access easement benefitting the Normandy Court that is in substantially the same form as that attached hereto as Attachment C3. Entered into as of the date first written above. CITY OF TUKWILA A Washington municipal corporation BY: Jim Haggerton ITS: Mayor 16 Exhibit C STATE OF WASHINGTON ) COUNTY OF ) ) ss. On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 17 18 Attachment Cl Legal Descriptions of Tukwila Village Properties PARCEL A: THAT PORTION OF LOT 9 IN BLOCK 3 OF JAMES CLARK'S GARDEN ADDITION TO THE. CITY OF SEATTLE. AS PER PLAT RECORDED LN VOLUME 13 OF PLATS. PAGE 12. RECORDS OF KING COUNTY AUDITOR: AND OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 812.6 FEET OF THE EAST 425.5 FEET OF SAID SOUTHEAST 1/4: THENCE SOUTH 01 °27'30" WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1). DISTANT SOUTHERLY 250.50 FEET (AS MEASURED ALONG SAID EASTERLY LINE) FROM THE NTERSECTION OF SAID EASTERLY LINE WITH THE NORTH LINE OF THE SOUTH S12.6 FEET OF SAID SOUTHEAST 1/4; THENCE SOUTHERLY ALONG SAID EASTERLY HIGHWAY LINE TO THE SOUTH LINE OF SAID LOT 9: THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF: THENCE SOUTHERLY TO A POINT ON THE NORTHERLY LINE OF A TRACT CONVEYED TO ZIBA HUNTINGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 412377; THENCE EASTERLY ALONG SAID NORTH LLNE TO A POLNT WHICH BEARS SOUTH 01 °27'30" WEST FROM THE TRUE POINT OF BEGLNNNING; THENCE CONTLNNUING EAST TO A POINT 405.04 FEET WEST FROM THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTH SOUTHWEST 1/4: THENCE NORTH PARALLEL WITH SAID EAST LINE 65 FEET; THENCE NORTHWESTERLY TO THE TRUE POINT OF BEGLI-NING. PARCEL A -1: A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH THE SOUTHERLY LLNE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POLNT ON THE NORTH LINE OF THE NORTH 398.1 FEET OF THE EAST 525.5 FEET OF THE SOUTH 812.6 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST ii'.M.. 100 FEET DISTANT EAST OF THE NORTHWEST CORNER OF SAID SUBDIVISION: THENCE SOUTH 01°27'30" WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THE SOUTHERLY LINE OF THE EASEMENT HEREIN DESCRIBED: THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1) WHICH POLNT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID HIGHWAY FROM A POINT IN THE EAST M ARGLN OF SAID HIGHWAY DISTANT 23.40 FEET, MORE OR LESS. WEST OF THE WEST LINE OF THE SUBDIVISION HEREIN DESCRIBED AND ON THE NORTH LINE THEREOF AS THE SAME IS PRODUCED WESTERLY; SITUATE IN THE CITY OF TUKWILA COUNTY OF KING. STATE OF WASHINGTON. 1 19 Attachment Cl Legal Descriptions of Tukwila Village Properties (continued) PARCEL B: THE NORTH 185.90 FEET OF THE SOUTH 430.9 FEET OF THE WEST 505 FEET OF THE EAST 1.031 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST. W.M.. LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH): SITUATE IN THE CITY OF TUKWILA COL 'TY OF KING. STATE OF WASHINGTON. PARCEL C: LOTS 1 THROUGH 6 INCLUSIVE. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLLT11'IE 48 OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON; PARCEL D: THE SOUTH 245 FEET OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST W.M., LYING EASTERLY OF THE STATE HIGHWAY NO. 1: EXCEPT THE SOUTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY INSTRUMENT RECORDED UNDER RECORDING NO. 1158645: AND EXCEPT THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. LYING SOUTHWESTERLY OF THE ARC OF A CIRCLE HAVING A RADIUS OF 12.5 FEET WHICH IS TANGENT TO THE NORTH RIGHT OF WAY LINE OF SOUTH 144TH STREET AND THE EAST RIGHT OF WAY LINE OF PACIFIC HIGHWAY SOUTH. CONVEYED TO KUNG COUNTY BY DEED RECORDED UNDER RECORDING NO. 7409040396: SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON. PARCEL E: LOT A OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314. BEING A PORTION OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4S OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON: PARCEL F: LOT B OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314. BEING A PORTION OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON: 2 20 Attachment Cl Legal Descriptions of Tukwila Village Properties (continued) PARCEL G: THE NORTH 220 FEET OF LOT 7, CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED MI VOLUME 48 OF PLATS. PAGE 21, IN KING COUNTY. WASHINGTON: EXCEPT THE NORTH 132 FEET THEREOF: PARCEL H: LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 220 FEET THEREOF: AND EXCEPT THE SOUTH 84 FEET THEREOF: PARCEL I: THE SOUTH 84 FEET OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21, N KING COUNTY, WASHINGTON: Assessor tax parcel numbers: 152304- 9092 -02, 152304- 9096 -08, 152304 - 9242 -01, 155420- 0005 -09, 155420- 0010-02, 155420- 0015 -07, 155420 - 0020 -00, 155420- 0030 -08, 155420 - 0036 -02, 155420 - 0025 -00, 155420 - 0037 -01, 155420- 0033 -05, 155420 - 0035 -03, and 155420 - 0034 -04. 3 21 22 Attachment C2 Depiction of Tukwila Village Properties The parcels A through I as indicated on the map below. Parcel J is not included. Note: This is not a plat of survey. It is provided as a convenience to identify and locate the land subject to this Agreement with references to streets and other land. 1 23 24 Attachment C3 to Temporary Access Easement ACCESS EASEMENT THIS ACCESS EASEMENT ( "Easement ") dated 2014 ( "Effective Date "), is granted to NORMANDY COURT HOLDINGS, a Washington limited liability company (the "Grantee ") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor "). RECITALS A. On December 21, 2012, the City entered into the Development Agreement for the Tukwila Village Project to develop a number of parcels along Tukwila International Boulevard in the vicinity of South 144th Street (the "Property "). B. On , the Tukwila City Council passed Ordinance No. , vacating a portion of the right -of -way commonly known as 41St Avenue South (hereinafter referred to as "Vacated Road ") to facilitate construction of the Tukwila Village Project. Title to the real property comprising the Vacated Road reverted to the City by operation of law once the vacation was complete. C. Grantee is the owner of the property located at 14225 42nd Avenue South, known as the Normandy Court Apartments, King County Assessor Parcel No. 611110 -0000 (the "Normandy Court") which was previously accessed via the Vacated Road. D. On , the City granted Grantee a temporary easement to allow vehicle and pedestrian access to the Normandy Court during construction of the Tukwila Village Project. E. The City now desires to grant a permanent easement for vehicular and pedestrian access to the Normandy Court, subject to the terms and conditions set forth in this Easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: , 25 Attachment C3 1. Access Easement. The City grants Grantee a permanent, non - exclusive easement for ingress and egress by pedestrians and vehicles in, on, over, upon and across the property legally described in Attachment C3a attached hereto and depicted on Attachment C3b attached hereto (the "Easement Area "). 2. Reservation of Rights. The City reserves the right to use the Easement Area for any purpose not inconsistent with the easement rights herein granted. 3. Successors and Assigns. The terms and conditions of this Easement shall constitute covenants running with the land, and shall burden and benefit the land described herein as well as the owners of said land and their respective successors and assigns in interest. 4. Amendments. This Easement contains all covenants and agreements with respect to the matters set forth in this agreement. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this easement shall not be altered, modified or added to except in writing signed by the parties to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. Severability. In the event any term, covenant, condition, provision, or easement contained in this Easement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Easement. Entered into as of the date first written above. CITY OF TUKWILA A Washington municipal corporation BY: Jim Haggerton ITS: Mayor 26 Attachment C3 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 27 28 Attachment C3a LEGAL DESCRIPTION OF ACCESS EASEMENT That portion of Parcels A, B and C of City of Tukwila Boundary Line Adjustment No. recorded under King County Recording No. , more particularly described as follows: COMMENCING at the Southeast comer of said Parcel B; THENCE North 87 °35'31" West, 139.18 feet along the South line of said Parcel C to the TRUE POINT OF BEGINNING; THENCE North 01 °27'33" East, 155.74 feet to a point on a non - tangent curve, the radius of which bears North 88 °32'36" West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 77.00 feet, through a central angle of 59 °20'42 ", and an arc length of 79.75 feet to a point of reverse curvature; THENCE Northwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66 °1818 ", and an arc length of 34.72 feet; THENCE North 08 °25'00" East, 71.74 feet to a point of tangency; THENCE Northerly along the arc of a curve to the left, having a radius of 213.00 feet, through a central angle of 06 °57'36 ", and an arc length of 25.87 feet; THENCE North 0102724" East, 108.76 feet to a point on a non - tangent curve, the radius of which bears South 68 °07'36" East; THENCE Northeasterly along the arc of a curve concave to the Southeast, having a radius of 2.00 feet, through a central angle of 18 °19'51 ", and an arc length of 0.64 feet to a point of compound curvature; THENCE Northeasterly along the arc of a curve to the right, having a radius of 9.98 feet, through a central angle of 50 °49'27", and an arc length of 8.85 feet; THENCE South 88 °5818" East, 7.92 feet to the East line of said Parcel A; THENCE North 07 °1512" West, 28.29 feet along said East line; THENCE North 88 °32'36" West, 3.73 feet to a point on a non - tangent curve, the radius of which bears North 06 °07'01" East; THENCE Northwesterly along the arc of a curve concave to the Northeast, having a radius of 10.08 feet, through a central angle of 72 °43'12 ", and an arc length of 12.79 feet to a point on a non tangent curve, the radius of which bears South 78 °59'31" West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 46.00 feet, through a central angle of 77 °32'07 ", and an arc length of 62.25 feet; THENCE North 88 °32'36" West, 42.62 feet to a point of tangency; THENCE Westerly along the arc of a curve to the right, having a radius of 100.73 feet, through a central angle of 11°01'16", and an arc length of 19.38 feet; THENCE North 80 °15'52" West, 17.62 feet to the North line of said Parcel A; THENCE South 73 °14'00" West, 21.80 feet along said North line to the Northwest corner of said Parcel A, being to a point on a non - tangent curve, the radius of which bears North 80 °09'16" West; THENCE Southerly along the West line of said Parcel A, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00 °28'32 ", and an arc length of 16.27 feet; Project Name: Tukwila Village August 6, 2013 BDG 15255L.006.doc Exhibit: 15255EXH06- ACC.dwg Page 1 of 2 29 Attachment C3a Continued LEGAL DESCRIPTION OF ACCESS EASEMENT THENCE South 80 °15'52" East, 36.64 feet to a point on a non - tangent curve, the radius of which bears North 12 °10'48" East; THENCE Easterly along the arc of a curve concave to the North, having a radius of 126.73 feet, through a central angle of 10 °43'25 ", and an arc length of 23.72 feet; THENCE South 88 °32136" East, 42.62 feet to a point of tangency; THENCE Southeasterly along the arc of a curve to the right, having a radius of 20.00 feet, through a central angle of 90 °00'00 ", and an arc length of 31.42 feet; THENCE South 01°27'24" West, 138.99 feet to a point of tangency; THENCE Southerly along the arc of a curve to the right, having a radius of 187.00 feet, through a central angle of 06 °57'36 ", and an arc length of 22.72 feet; THENCE South 08 °25'00" West, 71.74 feet to a point of tangency; THENCE Southwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66 °18'18 ", and an arc length of 34.72 feet to a point of reverse curvature; THENCE Southwesterly along the arc of a curve to the left, having a radius of 77.00 feet, through a central angle of 24 °5319 ", and an arc length of 33.45 feet to a point of reverse curvature; THENCE Westerly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 42 °57'03 ", and an arc length of 22.49 feet; THENCE North 71°14'17" West, 104.01 feet; THENCE North 70 °32'36" West, 6.50 feet to the West line of said Parcel A, being to a point on a non - tangent curve, the radius of which bears North 71 °23'01" West; THENCE Southerly along said West line, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00 °45'36 ", and an arc length of 26.00 feet; THENCE South 70 °32'36" East, 6.30 feet; THENCE South 71°33'50" East, 111.52 feet to a point on a non- tangent curve, the radius of which bears North 03 °43'25" East; THENCE Easterly along the arc of a curve concave to the North, having a radius of 53.00 feet, through a central angle of 44°50'01", and an arc length of 41.47 feet to a point of reverse curvature; THENCE Southeasterly along the arc of a curve to the right, having a radius of 51.00 feet, through a central angle of 132 °34'01 ", and an arc length of 118.00 feet; THENCE South 01 °27'24" West, 155.31 feet to the South line of said Parcel C; THENCE South 87 °35'31" East, 26.00 feet along the South lines of said Parcels C and B to the TRUE POINT OF BEGINNING. Project Name: Tukwila Village August 6, 2013 BOG 15255L.006.cfoc Exhibit: 15255 EXH06 -AC C. dwg 30 Page 2 of 2 Attachment C3b MAP OF ACCESS EASEMENT GRAPHIC SCALE 75 150 = 150 FEET ACCESS EASEMENT SCALE: HORIZONTAL 1.:=150. VERTICAL N/A GHAO 18215 72ND AVENUE SO KENT, WA 98032 425)251-6222 425)251-8782 FAX . cra ENGINEERING, LAND PLANNING, SURVEYING, c' SERVICES DESIGN For: TUKWILA VILLAGE Tit : ACCESS EASEMENT EXHIBIT CHECKED ; _ 08 Alt! 2 31 32 Exhibit D to Ord. No. TEMPORARY ACCESS EASEMENT THIS TEMPORARY ACCESS EASEMENT ( "Easement ") dated , 2014 ( "Effective Date "), is granted to SAMARA HUBNER INC., a Washington corporation (the "Grantee ") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor "). RECITALS A. On December 21, 2012, the City entered into a Development Agreement for the Tukwila Village Project to develop a number of parcels along Tukwila International Boulevard in the vicinity of South 144th Street (the "Property "). The legal description of the parcels that make up the Property is attached hereto as Attachment D1 and depicted on the map attached hereto as Attachment D2. B. On or about the Effective Date, the City will vacate a portion of the right of way commonly known as 41st Avenue South (hereinafter referred to as "Vacated Road ") to facilitate construction of the Tukwila Village Project. Title to the real property comprising the Vacated Road will revert to the City by operation of law once the vacation is complete. C. Grantee is the owner of the property located at 14201 42nd Avenue South, known as the Samara Apartments, King County Assessor Parcel Nos. 152304 -9279 and 152304 -9191 (the "Samara "). D. The Vacated Road is currently used for emergency vehicle access to the Samara. E. After completion of the Tukwila Village Project, the City or the City's successor in interest shall grant a permanent easement to Grantee to allow for emergency vehicle access to the Samara from Tukwila International Boulevard and South 144th Street. F. Temporary access to the Samara by emergency vehicles is necessary during construction of the Tukwila Village Project, and the City desires to grant such access, subject to the terms and conditions set forth in this easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made by Grantor: 33 Exhibit D 1. Access Easement. The City grants to Grantee a temporary, non- exclusive easement for ingress and egress by emergency vehicles in, on, over, upon and across the Property in the form of a paved surface no less than 20 feet wide that will connect the Samara to either Tukwila International Boulevard, South 144th Street, or both (the "Access Road "). The Access Road shall be relocated on the Property from time to time to accommodate construction of the Tukwila Village Project. 2. Reservation of Rights. The City and the City's designees reserve the right to use the Property for any purpose not inconsistent with the easement rights herein granted. 3. Successors and Assigns. The terms and conditions of this Easement shall constitute covenants running with the land, and shall burden and benefit the land described herein as well as the owners of said land and their respective successors and assigns in interest. 4. Amendments. This Easement contains all covenants and agreements with respect to the matters set forth in this agreement. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this easement shall not be altered, modified or added to except in writing signed by the parties to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. Severability. In the event any term, covenant, condition, provision, or easement contained in this Easement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Easement. 6. Termination. This Temporary Access Easement shall automatically terminate upon execution of a permanent access easement benefitting the Samara that is in substantially the same form as that attached hereto as Attachment D3. Entered into as of the date first written above. CITY OF TUKWILA A Washington municipal corporation BY: Jim Haggerton ITS: Mayor 34 Exhibit D STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 35 36 Attachment Dl Legal Descriptions of Tukwila Village Properties PARCEL A: THAT PORTION OF LOT 9 IN BLOCK 3 OF JAMES CLARK'S GARDEN ADDITION TO THE CITY OF SEATTLE, AS PER PLAT RECORDED LN VOLUME 13 OF PLATS_ PAGE 12, RECORDS OF KING COUNTY AUDITOR: AND OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST WM. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 512.6 FEET OF THE EAST 425.5 FEET OF SAID SOUTHEAST 1/4: THENCE SOUTH 01°27'30" WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1). DISTANT SOUTHERLY 250.50 FEET (AS MEASURED ALONG SAID EASTERLY LINE) FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTH LINE OF THE SOUTH 812.6 FEET OF SAID SOUTHEAST 1>4: THENCE SOUTHERLY ALONG SAID EASTERLY HIGHWAY LINE TO THE SOUTH LINE OF SAID LOT 9: THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTHERLY TO A POINT ON THE NORTHERLY LINE OF A TRACT CONVEYED TO ZIBA HUNTINGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 412377; THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT WHICH BEARS SOUTH 01°27'30" WEST FROM THE TRUE POINT OF BEGINNING: THENCE CONTINUING EAST TO A POINT 405.04 FEET WEST FROM THE EAST LINE OF SAID SOUTHEAST 114 OF SOUTH SOUTHWEST 1'4: THENCE NORTH PARALLEL WITH SAID EAST LINE 65 FEET: THENCE NORTHWESTERLY TO THE TRUE POINT OF BEGINNING. PARCEL A -1: A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH THE SOUTHERLY ',NE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE NORTH 395.1 FEET OF THE EAST 525.5 FEET OF THE SOUTH 812.6 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. 100 FEET DISTANT EAST OF THE NORTHWEST CORNER OF SAID SUBDIVISION: THENCE SOUTH 01 °27'30" WEST 200 FEET TO THE TRUE PONT OF BEGINNING OF THE SOUTHERLY LINE OF THE EASEMENT HEREIN DESCRIBED: THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1) WHICH POINT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID HIGHWAY FROM A POINT IN THE EAST MARGL\ OF SAID HIGHWAY DISTANT 23.40 FEET. MORE OR LESS, WEST OF THE [[BST LINE OF THE SUBDIVISION HEREIN DESCRIBED AND ON THE NORTH LINE THEREOF AS THE SAME IS PRODUCED WESTERLY; SITUATE IN THE CITY OF TUKWILA COUNTY OF KING. STATE OF WASHINGTON. 1 37 Attachment D1 Legal Descriptions of Tukwila Village Properties (continued) PARCEL B: THE NORTH 1S5.90 FEET OF THE SOUTH 430.9 FEET OF THE WEST 505 FEET OF THE EAST 1.031 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH): SITUATE IN THE CITY OF TUKWILA COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: LOTS 1 THROUGH 6 INCLUSIVE. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21, IN KING COUNTY. WASHINGTON: PARCEL D: THE SOUTH 245 FEET OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 114 OF THE SOUTHWEST 1/4 OF SECTION 15. TO`1SHIP 23 NORTH. RANGE 4 EAST W.M., LYING EASTERLY OF THE STATE HIGHWAY NO. 1; EXCEPT THE SOUTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY INSTRUMENT RECORDED UNDER RECORDING NO. 1155645: AND EXCEPT THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. LYING SOUTHWESTERLY OF THE ARC OF A CIRCLE HAVING A RADIUS OF 12.5 FEET WHICH IS TANGENT TO THE NORTH RIGHT OF WAY LINE OF SOUTH 144TH STREET AND THE EAST RIGHT OF WAY LINE OF PACIFIC HIGH-WAY SOUTH, CONVEYED TO KUNG COUNTY BY DEED RECORDED UNDER RECORDING NO. 7409040396: SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHLNGTON. PARCEL E: LOT A OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314. BEING A PORTION OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4S OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON: PARCEL F: LOT B OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314_ BEING A PORTION OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4S OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON: 2 38 Attachment Di Legal Descriptions of Tukwila Village Properties (continued) PARCEL G: THE NORTH 220 FEET OF LOT 7, CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED L?v VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON: EXCEPT THE NORTH 132 FEET THEREOF: PARCEL H: LOT 7, CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21, IN KING COUNTY. WASHINGTON: EXCEPT THE NORTH 220 FEET THEREOF: AND EXCEPT THE SOUTH 84 FEET THEREOF: PARCEL I: THE SOUTH 84 FEET OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21, IN KING COUNTY, WASHINGTON: Assessor tax parcel numbers: 152304- 9092 -02, 152304 - 9096 -08, 152304 - 9242 -01, 155420- 0005 -09, 155420- 0010-02, 155420 - 0015 -07, 155420- 0020 -00, 155420 - 0030 -08, 155420 - 0036 -02, 155420- 0025 -00, 155420 - 0037 -01, 155420- 0033 -05, 155420 - 0035 -03, and 155420- 0034 -04. 3 39 40 Attachment D2 Depiction of Tukwila Village Properties The parcels A through I as indicated on the map below. Parcel J is not included. Note: This is not a plat of survey. It is provided as a convenience to identify and locate the land subject to this Agreement with references to streets and other land. ?..f RVP.Aiu:+ 2Jt O) 'a. *.N.t x ' SF n ^ n 1 11 1376.:} `"' - - -�- — _ $-ts9?kf_ST-------- 1 41 42 Attachment D3 to Temporary Access Easement ACCESS EASEMENT THIS ACCESS EASEMENT ( "Easement ") dated 2014 ( "Effective Date "), is granted to SAMARA HUBNER INC, a Washington corporation (the "Grantee ") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor "). RECITALS A. On December 21, 2012, the City entered into the Development Agreement for the Tukwila Village Project to develop a number of parcels along Tukwila International Boulevard in the vicinity of South 144th Street (the "Property "). B. On , the Tukwila City Council passed Ordinance No. , vacating a portion of the right -of -way commonly known as 41st Avenue South (hereinafter referred to as "Vacated Road ") to facilitate construction of the Tukwila Village Project. Title to the real property comprising the Vacated Road reverted to the City by operation of law once the vacation is complete. C. Grantee is the owner of the property located at 14201 42nd Avenue South, known as the Samara Apartments, King County Assessor Parcel Nos. 152304 -9279 and 152304 -9191 (the "Samara "), which was previously accessed via the Vacated Road. D. On , the City granted Grantee a temporary easement to allow for emergency vehicle access to the Samara during construction of the Tukwila Village Project. E. The City now desires to grant a permanent easement for emergency vehicle access to the Samara, subject to the terms and conditions set forth in this Easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 1. Access Easement. The City grants Grantee a permanent, non - exclusive easement for ingress and egress by emergency vehicles in, on, over, upon and across the property legally described in Attachment D3a attached hereto and depicted on Attachment D3b attached hereto (the "Easement Area "). 43 Attachment D3 2. Reservation of Rights. The City reserves the right to use the Easement Area for any purpose not inconsistent with the easement rights herein granted. 3. Successors and Assigns. The terms and conditions of this Easement shall constitute covenants running with the land, and shall burden and benefit the land described herein as well as the owners of said land and their respective successors and assigns in interest. 4. Amendments. This Easement contains all covenants and agreements with respect to the matters set forth in this agreement. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this easement shall not be altered, modified or added to except in writing signed by the parties to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. Severability. In the event any term, covenant, condition, provision, or easement contained in this Easement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Easement. Entered into as of the date first written above. CITY OF TUKWILA A Washington municipal corporation BY: Jim Haggerton ITS: Mayor 44 Attachment D3 STATE OF WASHINGTON ) COUNTY OF ) ) ss. On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 45 46 Attachment D3a LEGAL DESCRIPTION OF ACCESS EASEMENT That portion of Parcels A, B and C of City of Tukwila Boundary Line Adjustment No. recorded under King County Recording No. , more particularly described as follows: COMMENCING at the Southeast corner of said Parcel B; THENCE North 87 °35'31" West, 139.18 feet along the South line of said Parcel C to the TRUE POINT OF BEGINNING; THENCE North 01 °27'33" East, 155.74 feet to a point on a non - tangent curve, the radius of which bears North 88 °32'36" West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 77.00 feet, through a central angle of 59 °20'42 ", and an arc length of 79.75 feet to a point of reverse curvature; THENCE Northwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66 °1818" and an arc length of 34.72 feet; THENCE North 08 °25'00" East, 71.74 feet to a point of tangency; THENCE Northerly along the arc of a curve to the left, having a radius of 213.00 feet, through a central angle of 06°5T36", and an arc length of 25.87 feet; THENCE North 01 °27'24" East, 108.76 feet to a point on a non - tangent curve, the radius of which bears South 68°0T36" East; THENCE Northeasterly along the arc of a curve concave to the Southeast, having a radius of 2.00 feet, through a central angle of 18 °19'51 ", and an arc length of 0.64 feet to a point of compound curvature; THENCE Northeasterly along the arc of a curve to the right, having a radius of 9.98 feet, through a central angle of 50 °4927 ", and an arc length of 8.85 feet; THENCE South 88 °58'18" East, 7.92 feet to the East line of said Parcel A; THENCE North 07 °1512" West, 28.29 feet along said East line; THENCE North 88 °32'36" West, 3.73 feet to a point on a non - tangent curve, the radius of which bears North 06 °07'01" East; THENCE Northwesterly along the arc of a curve concave to the Northeast, having a radius of 10.08 feet, through a central angle of 72 °4317, and an arc length of 12.79 feet to a point on a non - tangent curve, the radius of which bears South 78 °59'31" West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 46.00 feet, through a central angle of 77 °32'07 ", and an arc Length of 62.25 feet; THENCE North 88 °32'36" West, 42.62 feet to a point of tangency; THENCE Westerly along the arc of a curve to the right, having a radius of 100.73 feet, through a central angle of 11°01'16", and an arc length of 19.38 feet; THENCE North 80 °15'52" West, 17.62 feet to the North line of said Parcel A; THENCE South 73 °14'00" West, 21.80 feet along said North line to the Northwest corner of said Parcel A, being to a point on a non - tangent curve, the radius of which bears North 80 °09'16" West; THENCE Southerly along the West line of said Parcel A, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00 °28'32 ", and an arc length of 16.27 feet; Project Name: Tukwila Village August 6, 2013 Page 1 of 2 BDG 15255L,006.doc Exhibit 15255EXH06- ACC.dwg 47 Attachment D3a Continued LEGAL DESCRIPTION OF ACCESS EASEMENT THENCE South 80 °15'52" East, 36.64 feet to a point on a non-tangent curve, the radius of which bears North 12 °10'48" East; THENCE Easterly along the arc of a curve concave to the North, having a radius of 126.73 feet, through a central angle of 10 °43'25 ", and an arc length of 23.72 feet; THENCE South 88 °32'36" East, 42.62 feet to a point of tangency; THENCE Southeasterly along the arc of a curve to the right, having a radius of 20.00 feet, through a central angle of 90 °00'00 ", and an arc length of 31.42 feet; THENCE South 01°27'24" West, 138.99 feet to a point of tangency; THENCE Southerly along the arc of a curve to the right, having a radius of 187.00 feet, through a central angle of 06 °57'36 ", and an arc length of 22.72 feet; THENCE South 08 °25'00" West, 71.74 feet to a point of tangency; THENCE Southwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66 °18'18 ", and an arc length of 34.72 feet to a point of reverse curvature; THENCE Southwesterly along the arc of a curve to the left, having a radius of 77.00 feet, through a central angle of 24 °5319 ", and an arc length of 33.45 feet to a point of reverse curvature; THENCE Westerly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 42 °57'03 ", and an arc length of 22.49 feet; THENCE North 71 °14'17" West, 104.01 feet; THENCE North 70 °32'36" West, 6.50 feet to the West line of said Parcel A, being to a point on a non-tangent curve, the radius of which bears North 71 °23'01" West; THENCE Southerly along said West line, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00 °45'36 ", and an arc length of 26.00 feet; THENCE South 70 °32'36" East, 6.30 feet; THENCE South 71 °33'50" East, 111.52 feet to a point on a non - tangent curve, the radius of which bears North 03 °43'25" East; THENCE Easterly along the arc of a curve concave to the North, having a radius of 53.00 feet, through a central angle of 44°50'01", and an arc length of 41.47 feet to a point of reverse curvature; THENCE Southeasterly along the arc of a curve to the right, having a radius of 51.00 feet, through a central angle of 132°34'01", and an arc length of 118.00 feet; THENCE South 01 °27'24" West, 155.31 feet to the South line of said Parcel C; THENCE South 87 °35'31" East, 26.00 feet along the South lines of said Parcels C and B to the TRUE POINT OF BEGINNING. Project Name: Tukwila Village August 6, 2013 BDG 15255L.006.doc Exhibit: 15255EXH06- ACC.dwg 48 Page 2 of 2 Attachment D3b MAP OF ACCESS EASEMENT SCALE: HORIZONTAL VERTICAL N/A 18215 72ND AVENUE SOUTH KENT, WA 98032 425)251 -6222 425)251 -8782 FAX ML ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES DRAWN For: TUKWILA VILLAGE Title: ACCESS EASEMENT EXHIBIT APPROVED, JOB NUMBER 15255 49