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HomeMy WebLinkAbout2013 - Utility and Excavation Easement - Segale Properties / Tukwila South - 20130916000018Return Address City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila. Washin• ton 98188 20130916000018 Document Title(s) (or transactions contained therein): Utility and Excavation Easement Reference Number(s) of Documents assigned or released: (on page of documents(s)) _ Grantor(s) (Last name first, then first name and initials): 1. CITY OF TUKWILA Grantee(s) (Last name first, then first name and initials): 1. SEGALE PROPERTIES LLC Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of Section 35, Range 23 E, Township 04N X Full legal is on page document. Assessor's Property Tax Parcel /Account Number 352304 -9040, 352304 -9008 EXCISE TAX NOT REQUIRED Refer to previous Aff.# v , Deputy Page 1 of 12 UTILITY AND EXCAVATION EASEMENT THIS UTILITIES AND EXCAVATION EASEMENT ( "Easement ") is made as of jati 09- , 201a ("Effective Date "), by and between SEGALE PROPERTIES LLC, a Washington limited liability company ( "Segale Properties ") and the CITY OF TUKWILA, a Washington municipal corporation ( "City "). The parties to this Easement are referred to herein as "Party" or "Parties," as appropriate. RECITALS A. Pursuant to the Second Addendum to the Tukwila South Development Agreement, Segale Properties conveyed the real property legally described in the attached Exhibit A to the City for use as a fire station (the "Fire Station Land "), and Segale Properties agreed to perform excavation work on the property in order to create a flat surface upon which the fire station can be built (the "Fire Station Work "). The deed from Segale Properties to the City reserved an easement in favor of Segale to perform the Fire Station Work. The details of the Fire Station Work are set forth in Plan Revision No. 8 to City of Tukwila Grading Permit No. PW 10 -064 submitted by Segale on February 26, 2013, which may be amended from time -to -time with the City's approval. The deed from Segale Properties to the City also reserved a utility easement for Segale's adjoining properties. B. On or about the Effective Date, the City of Tukwila (the "City ") will vacate or has vacated pursuant to Ordinance No. 2400 ( "Ordinance ") a portion of the right of way commonly known as S. 178th Street (hereinafter referred to as "Vacated Road "). The Vacated Road is depicted in Exhibit B hereto. Title to the real property legally described in the attached Exhibit C (the "Vacated Property "), will revert to the City by operation of law once the vacation is complete. C. Given that the Vacated Property was not owned by Segale Properties when the Fire Station Land was conveyed to the City, the reserved easements did not apply to the Vacated Property. D. The City, desiring for the easements reserved by Segale Properties in the Fire Station Land deed to apply to the both the Fire Station Land and the Vacated Property, has agreed to grant a perpetual easement over the Vacated Property and the Fire Station Land (together the "City Property ") to Segale Properties, 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: Page 2 of 12 1. Excavation Easement The City grants to Segale Properties a temporary, non - exclusive easement for access over and across the City Property and to perform construction - related activities and excavation on the City Property as necessary to accomplish the Fire Station Work (the "Excavation Easement "). As set forth in the Second Addendum to the Tukwila South Development Agreement, Segale shall perform the Fire Station Work at no cost to the City and shall be entitled to the right, title and interest in and to the earthen material excavated from the City Property during the course of Segale's performance of the Fire Station Work. The Excavation Easement shall terminate at such time as the Fire Station Work is complete. 2. Utility Easement The City hereby grants to Segale Properties, its successors and assigns, agents, and licensees, for the benefit of Segale Properties' adjoining parcels, a twenty (20) foot wide utility easement for the construction and maintenance of utility lines and pipes, including without limitation stormwater drainage pipes, over the portion of the City Property legally described in the attached Exhibit D (the "Utility Easement Area "), together with a temporary access and construction easement over those portions of the Property as necessary during installation, maintenance and repair of the utilities. 3. Reservation of Right to Use The City reserves the right of ownership, use, and occupancy of the Utility Easement Area insofar as said ownership, use, and occupancy does not impair the rights granted to Segale Properties in this Easement. However, the City shall not use or occupy the Utility Easement Area in any manner that impairs the rights granted to Segale Properties in this Easement. Without limiting the foregoing, it is understood and agreed by the City that no building or structure of any kind may be placed by on the Utility Easement Area or within ten feet of the edge of the Utility Easement Area. 4. Indemnity Segale Properties shall indemnify, defend, hold harmless and reimburse the City, its officers, agents and employees, from and against and for any and all liabilities, obligations, penalties, fines, suits, claims, demands, actions, costs and expenses of any kind or nature, including, without limitation, reasonable architects', engineers', consultants', experts' and attorneys' fees that may be imposed upon or asserted against the City by reason of (a) Segale Properties' breach or violation of any term or provision of this Easement, (b) Segale Properties' presence on, possession or use of, the City Property, and /or (c) any act or omission of Segale Properties or its successors, employees, contractors, subcontractors, licensees, tenants, guests, invitees or agents, except claims caused by and to the extent of the negligence of the City or members of the public. The foregoing indemnity shall include, but not be limited to, any claims for injury to or death of persons (including, without limitation, Segale Properties' employees), damage to property, nuisance, mechanics' and materialmen's liens, Page 3 of 12 construction liens, workers' compensation and unemployment taxes, fines and penalties, and environmental damages. 5. Conduct of Work. Segale Properties LLC shall pay all costs and expenses associated with the design, permitting and construction of the Fire Station Work and installation of the Utilities. Segale Properties shall promptly cause the removal of any liens or claims filed against the City or the City Property in connection with the construction of the Fire Station Work or installation of the Utilities. The Fire Station Work and installation of the Utilities shall be performed in a good and workmanlike manner, in accordance with plans approved by the City and in compliance with all applicable rules, laws, codes, regulations and permits. 6. Notices Any notice required or permitted to be given under this Easement shall be in writing and may be given by personal delivery, by certified mail or air courier, and if given personally or by mail, shall be deemed sufficiently given if addressed to the Parties at the following address: If to Segale Properties: Segale Properties LLC 5811 Segale Park Drive C Tukwila, WA 98188 (for courier service only) P.O. Box 88028 Tukwila, WA 98138 -2028 (for mail only) Attn: Company Counsel If to City: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Attn: City Clerk Mailed notices shall be deemed given on the third (3rd) business day following deposit in the United States mail, certified postage prepaid. Notices delivered personally or by air courier shall be deemed given upon receipt. 7. Title The rights granted herein are subject to all permits, leases, licenses, easements and encumbrances of record, if any, affecting the City Property that may have been heretofore granted. Page 4 of 12 8. Binding Covenant 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. 9. Attorneys' Fees Each Party shall pay its respective costs in connection with the negotiation, drafting, and execution of this Easement. It is the intention of the Parties that in the event a Party files an action, the Party that substantially prevails in that action shall be made whole by the other Party. Accordingly, the substantially prevailing Party shall be entitled to attorneys' fees and all necessary litigation expenses incurred in obtaining relief, including any appeal arising out of the action. It is the Parties' further intent that the remedy of an award of attorney's fees and litigation expenses is to be liberally construed so that the aggrieved Party is put in as good a position as if the other Party had fully performed. 10. Amendments This Easement contains all of the covenants and agreements among the Parties 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, and the original thereof recorded in the real property records of King County, Washington. 11. 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 m nicipal corporation BY. M HAG i ON I AYOR Page 5 of 12 STATE OF WASHINGTON ) COUNTY OF //,�' ) On this //Y4 day of �, , 20/3, before me, the undersigned, a Notary Public in and for the ate of Washington, duly commissioned and sworn, personally appeared Mark A. Segale, to me known to be the person who signed as Vice - President of Metro Land Development, Inc., Manager of SEGALE PROPERTIES LLC, the 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 Mark A. Segale was authorized to execute said instrument on behalf of the limited liability company. SEGALE PROPERTIES LLC, a Washington limited liability company By Metro Land Dkvelopme4Inc. Its Manager / ) ss. By: Name: Mark A. S Its: Vice - President IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. /( /nom . m e,'P/�PS (Print or statp narn'e of Notary) NOTARY PUBLIC in and for the State of Washington, residing at(9 �- My appointment expires: 3,aB /7 Page 6 of 12 STATE OF WASHINGTON ) ) ss. COUNTY OF * ) On this 01)-1' day of , 20 f before me, the undersigned, a Notary Public in and for the State o`` Washington, duly commissioned and sworn, personally appeared \.m Avg f -., , to me known to be the person who signed as -y- of the City of Tukc ila, 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 limited liability company for the uses and purposes therein mentioned, and on oath stated that 1-k was authorized to execute said instrument on behalf of the limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. L . (Signature of Notary) Mett (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at Tinkwidcj My appointment expires: ►► f g //c/ Page 7of12 EXHIBIT A LEGAL DESCRIPTION OF FIRE STATION PROPERTY Parcel 352304 -9008: A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W. M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 02° 24'41 "WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1323.83 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER, ALSO BEING A POINT ON THE CENTERLINE OF SOUTH 178TH STREET; THENCE NORTH 87° 50'41 "WEST ALONG SAID CENTERLINE 156.72 FEET TO THE INTERSECTION OF THIS LINE WITH THE WESTERLY RIGHT OF WAY MARGINS OF SOUTHCENTER PARKWAY AND SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219, BOTH RIGHTS OF WAYS ARE TO BE EXTENDED SOUTHERLY AND NORTHERLY TO THEIR INTERSECTION, ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 09° 50'27 "EAST ALONG SAID WESTERLY RIGHT OF WAY MARGINS 36.81 FEET TO THE AFOREMENTIONED RIGHTS OF WAY INTERSECTION; THENCE NORTH 11° 55'53 "WEST ALONG THE WESTERLY RIGHT OF WAY MARGIN OF SAID SOUTHCENTER PARKWAY 321.39 FEET TO THE SOUTHERLY LINE OF THAT CERTAIN PARCEL AS DESCRIBED IN DOCUMENT RECORDED UNDER KING COUNTY RECORDING NO. 20040224002063; THENCE NORTH 87° 42'12 "WEST ALONG SAID SOUTH LINE 120.00 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 76° 27'42 "WEST 72.20 FEET; THENCE NORTH 51° 28'36 "WEST 47.25 FEET; THENCE SOUTH 38° 42'41 "WEST 76.90 FEET; THENCE SOUTH 86° 59'11 "WEST 136.44 FEET; THENCE NORTH 64° 13'29 "WEST 24.27 FEET; THENCE NORTH 51° 43'09 "WEST 17.43 FEET; THENCE NORTH 54° 04'01 "WEST 16.02 FEET; THENCE SOUTH 30° 02'36 "WEST 355.32 FEET; THENCE SOUTH 42° 30'57 "EAST 100.63 FEET; THENCE SOUTH 87° 50'41 "EAST 274.20 FEET; THENCE SOUTH 59° 51'33 "EAST 103.04 FEET;THENCE SOUTH 78° 59'13 "EAST 97.25 FEET; THENCE SOUTH 83° 47'24 "EAST 152.61 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF THE AFOREMENTIONED SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 09° 50'27 "EAST ALONG SAID MARGIN 115.15 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY RIGHT OF WAY MARGIN OF SOUTH 178TH STREET. ALSO EXCEPT SOUTHCENTER PARKWAY Parcel 352304 -9040 A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W. M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 02° 24'41 "WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1323.83 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER, ALSO BEING A POINT ON THE CENTERLINE OF SOUTH 178TH STREET; THENCE NORTH 87° 50'41 "WEST ALONG SAID CENTERLINE 156.72 FEET TO THE INTERSECTION OF THIS LINE WITH THE WESTERLY RIGHT OF WAY MARGINS OF SOUTHCENTER PARKWAY AND SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219, BOTH RIGHTS OF WAYS ARE TO BE EXTENDED SOUTHERLY AND NORTHERLY TO THEIR INTERSECTION, ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 09° 50'27 "EAST ALONG SAID WESTERLY RIGHT OF WAY MARGINS 36.81 FEET TO THE AFOREMENTIONED Page 8 of 12 RIGHTS OF WAY INTERSECTION; THENCE NORTH 11° 55'53 "WEST ALONG THE WESTERLY RIGHT OF WAY MARGIN OF SAID SOUTHCENTER PARKWAY 321.39 FEET TO THE SOUTHERLY LINE OF THAT CERTAIN PARCEL AS DESCRIBED IN DOCUMENT RECORDED UNDER KING COUNTY RECORDING NO. 20040224002063; THENCE NORTH 87° 42'12 "WEST ALONG SAID SOUTH LINE 120.00 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 76° 27'42 "WEST 72.20 FEET; THENCE NORTH 51° 28'36 "WEST 47.25 FEET; THENCE SOUTH 38° 42'41 "WEST 76.90 FEET; THENCE SOUTH 86° 59'11 "WEST 136.44 FEET; THENCE NORTH 64° 13'29 "WEST 24.27 FEET; THENCE NORTH 51° 43'09 "WEST 17.43 FEET; THENCE NORTH 54° 04'01 "WEST 16.02 FEET; THENCE SOUTH 30° 02'36 "WEST 355.32 FEET; THENCE SOUTH 42° 30'57 "EAST 100.63 FEET; THENCE SOUTH 87° 50'41 "EAST 274.20 FEET; THENCE SOUTH 59° 51'33 "EAST 103.04 FEET;THENCE SOUTH 78° 59'13 "EAST 97.25 FEET; THENCE SOUTH 83° 47'24 "EAST 152.61 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF THE AFOREMENTIONED SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 09° 50'27 "EAST ALONG SAID MARGIN 115.15 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY RIGHT OF WAY MARGIN OF SOUTH 178TH STREET. ALSO EXCEPT SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO. 20121130002219. Page 9 of 12 EXHIBIT SCALE = 200' SEGALE PROPERTY VACATED 178th STREET : SEGALE PROPERTY CITY PROPERTY Wile to of 1)- EXHIBIT C LEGAL DESCRIPTION OF VACATED PROPERTY THAT PORTION OF THE VACATED SOUTH 178TH STREET, LYING IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W. M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY AND SOUTHCENTER PARKWAY EXTENSION AS SHOWN ON SURVEY RECORDED UNDER KING COUNTY RECORDING NO.20121130900001 SAID WESTERLY RIGHTS OF WAY ARE EXTENDED NORTHERLY AND SOUTHERLY TO THEIR INTERSECTION, AND LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A MONUMENT IN CASE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; ALSO BEING A POINT ON THE CENTERLINE OF SOUTH 180TH STREET AS SHOWN ON STREET PLAN AND PROFILE, L.I.D. NO. 13 ON FILE WITH THE CITY OF TUKWILA, DATED 06/11/68; THENCE NORTH 87° 50'41 "WEST ALONG SAID CENTERLINE 1325.13 FEET TO A MONUMENT IN CASE AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; ALSO BEING STATION 0 +00 FOR THE BEGINNING OF SOUTH 178TH STREET; THENCE CONTINUING NORTH 87° 50'41 "WEST ALONG SAID CENTERLINE 156.72 FEET TO THE AFOREMENTIONED WESTERLY RIGHT OF WAY MARGINS OF SOUTHCENTER PARKWAY AND SOUTHCENTER PARKWAY EXTENSION, ALSO BEING STATION 1 +56.72 ON THE CENTERLINE OF SAID SOUTH 178TH STREET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 87° 50'41 "WEST417.36 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 143.24 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85° 35'34 ", AN ARC LENGTH OF 213.98 FEET TO A POINT OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 238.74 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 57'24 ", AN ARC LENGTH OF 108.16 FEET TO CENTERLINE STATION 8 +96.22; THENCE LEAVING SAID CENTERLINE SOUTH 30° 02'36 "WEST 36.31 FEET TO THE SOUTHWESTERLY RIGHT OF WAY MARGIN OF THE AFOREMENTIONED SOUTH 178TH STREET, ALSO BEING THE POINT OF BEGINNING FOR THIS LINE DESCRIPTION; THENCE NORTH 30° 02'36 "EAST 70.86 FEET TO THE NORTHEASTERLY RIGHT OF WAY MARGIN OF SOUTH 178TH STREET, ALSO BEING THE TERMINUS OF THIS LINE. Page 11 of 12 EXHIBIT D LEGAL DESCRIPTION OF UTILITY EASEMENT AREA A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W. M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 02° 24'41 "WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1323.83 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER, ALSO BEING A POINT ON THE CENTERLINE OF SOUTH 178TH STREET; THENCE NORTH 87° 50'41 "WEST ALONG SAID CENTERLINE 156.72 FEET TO THE INTERSECTION OF THIS LINE WITH THE WESTERLY RIGHT OF WAY MARGINS OF SOUTHCENTER PARKWAY AND SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219, BOTH RIGHTS OF WAYS ARE TO BE EXTENDED SOUTHERLY AND NORTHERLY TO THEIR INTERSECTION, ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 09° 50'27 "EAST ALONG SAID WESTERLY RIGHT OF WAY MARGINS 36.81 FEET TO THE AFOREMENTIONED RIGHTS OF WAY INTERSECTION; THENCE NORTH 11° 55'53 "WEST ALONG THE WESTERLY RIGHT OF WAY MARGIN OF SAID SOUTHCENTER PARKWAY 321.39 FEET TO THE SOUTHERLY LINE OF THAT CERTAIN PARCEL AS DESCRIBED IN DOCUMENT RECORDED UNDER KING COUNTY RECORDING NO. 20040224002063; THENCE NORTH 87° 42'12 "WEST ALONG SAID SOUTH LINE 120.00 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 76° 27'42 "WEST 72.20 FEET; THENCE NORTH 51° 28'36 "WEST 47.25 FEET; THENCE SOUTH 38° 42'41 "WEST 76.90 FEET; THENCE SOUTH 86° 59'11 "WEST 136.44 FEET; THENCE NORTH 64° 13'29 "WEST 24.27 FEET; THENCE NORTH 51° 43'09 "WEST 17.43 FEET; THENCE NORTH 54° 04'01 "WEST 16.02 FEET; THENCE SOUTH 30° 02'36 "WEST 355.32 FEET; THENCE SOUTH 42° 30'57 "EAST 100.63 FEET; THENCE SOUTH 87° 50'41 "EAST 274.20 FEET; THENCE SOUTH 59° 51'33 "EAST 103.04 FEET;THENCE SOUTH 78° 59'13 "EAST 97.25 FEET; THENCE SOUTH 83° 47'24 "EAST 152.61 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF THE AFOREMENTIONED SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 09° 50'27 "EAST ALONG SAID MARGIN 115.15 FEET TO THE POINT OF BEGINNING. THE CENTERLINE OF THE AFOREMENTIONED 20 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL, ALSO BEING A POINT OF THE WESTERLY RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219; THENCE NORTH 09° 50'27 "EAST ALONG SAID MARGIN AND ITS EXTENSION THEREOF A DISTANCE OF 85.38 FEET TO THE POINT OF BEGINNING OF SAID 20 FEET WIDE STRIP; THENCE LEAVING SAID WESTERLY RIGHT OF WAY MARGIN SOUTH 72° 30'53 "WEST 205.69 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THE AFOREMENTIONED TRACT OF LAND, ALSO BEING THE TERMINUS OF THIS CENTERLINE. THE SIDELINES OF THIS 20 FOOT WIDE STRIP ARE TO BE LENGTHENED OR SHORTENED TO INTERSECT THE SOUTH LINE OF THE AFOREMENTIONED TRACT OF LAND AND THE WESTERLY RIGHT OF WAY MARGIN OF SAID SOUTHCENTER PARKWAY EXTENSION. Page 12 of 12