HomeMy WebLinkAbout14-120 - Tukwila Village Development Associates - Temporary Usage AgreementFollowing is contract
14-120 - Tukwila Village Development
Associates - Temporary Usage Agreement
See other contracts related to the Tukwila Village Development:
17-132 - Tukwila Village Development Associates Lease Option Agreement for The Commons
and Plaza: http://records.tukwilawa.gov/weblink/1/doc/288364/Pagel .aspx
17-131 - Tukwila Village Development Associates Lease Option Agreement for the Police
Resource Center: http://records.tukwilawa.gov/weblink/1/doc/288363/Pagel.aspx
17-130 - Tukwila Village Development Associates Frontage Improvements:
http://records.tukwilawa.gov/weblink/1/doc/288362/Page1.aspx
16-100: Tukwila Village Real Estate Purchase & Sale Agreement:
http://records.tukwilawa.gov/WebLink8/1/doc/273172/Page1.aspx
12-176: Tukwila Village Development Agreement:
http://records.tukwilawa.gov/WebLink8/1/doc/57123/Page1.aspx
12-129: Tukwila Village Disposition & Development Agreement:
http://records.tukwilawa.gov/VVebLink8/1/doc/56584/Page1.aspx
14-120(e)
Council Approval N/A
TEMPORARY USAGE AGREEMENT
Amendment # 5
Between the City of Tukwila and Tukwila Village Development Associates, LLC
WHEREAS, the Developer has arranged full financing to complete Phase 1 of the Project;
and
WHEREAS, the Developer has completed the purchase of the portion of the Property
related to Phase 1; and
WHEREAS, the Developer expects to arrange financing and purchase the remainder of
the Property for Phase 2 in 2018 in order to complete the Project but would like to continue
the development and construction of Buildings A and B on the portion of the Property
related to Phase 2, as shown on Exhibit C to Amendment #3, prior to completing the land
purchase; and
WHEREAS, the City desires to expedite completion of the Project and yet mitigate the
City's risk related to construction of the remainder of the Project during the period that it
remains as owner of the portion of the Property related to Phase 2.
NOW, THEREFORE, the Temporary Usage Agreement, Contract Number 14-120, dated
August 18, 2014 between the City of Tukwila and Tukwila Village Development
Associates, LLC (collectively, as previously amended, the "Agreement"), is further
amended as follows:
Exhibit A to the Agreement is amended and restated as follows:
EXHIBIT A:
DESCRIPTION OF WORK
1. Construction staging (including parking and storage of equipment and materials)
2. Surveys and staking
3. Environmental testing and abatement
4. Demolition and/or removal of concrete, asphalt, equipment, fencing, vegetation,
and debris
5. Demolition and removal of buildings and structures (including asbestos
abatement)
6. Excavation, grading and import or export of soils
7. Erosion control and dewatering
8. Installation of roads and fencing
0
Page 1 of 2
9. Removal, relocation, construction, and installation of stormwater drainage
(including collection, conveyance and detention), sanitary sewer, water, electric,
and gas utilities
10. Installation of below grade foundation support systems
11. Full construction of Building A as long as the work is in substantial conformance
with the plans reflected in Permit #D14-0099.
All other provisions of the Agreement shall remain in full force and effect.
Dated this Al day of August, 2017.
CITY OF TUKWILA DEVELOPER
niS k.ober tss J
o, PTem p_ e_.
ATTEST/AUTHENTICATED
(I 4)(9*
YCit Clerk
APPROVED AS TO FORM
0,,(1,A tzt/-
City Attorney
foi
Bryan M. Park, Manager
Page 2 of 2
TEMPORARY USAGE AGREEMENT
Amendment # 4
Between the City of Tukwila and Tukwila Village Development Associates, LLC
Agreement Number:
14-120(d)
Council Approval N/A
WHEREAS, it has taken the Developer longer to arrange financing than anticipated; and
WHEREAS, the Developer expects to arrange financing and purchase the Property by the end of July 2017
but would like to continue construction of Buildings C, D, and E as shown on Exhibit C to Amendment #3;
and
WHEREAS, the City desires to expedite completion of the Project yet mitigate the City's risk related to
construction of the Project during its time as owner of the Property;
NOW, THEREFORE, the Temporary Usage Agreement, contract number 14-120, dated August 18, 2014
between the City of Tukwila and Tukwila Village Development Associates, LLC and as previously amended,
is further amended as follows:
Section 8 is amended and restated as follows:
8. Compensation. The Developer shall undertake the Work for its own purposes and shall receive
no compensation or reimbursement from the City. Similarly, the City shall receive no compensation or
reimbursement from the Developer for the temporary use of the Property. If Developer does not complete
the purchase of Parcel C of Lot Consolidation L13-021 and Parcel A of Lot Consolidation L16-031 by
August 31, 2017 the City may terminate this Agreement and all Work performed thereon shall be forfeit and
become the property of the City. If Developer does not complete the purchase of Parcel A and Parcel B of
Lot Consolidation L13-021 by June 30, 2018 the City may terminate this Agreement and all Work performed
thereon shall be forfeit and become the property of the City.
Section 14 is amended and restated as follows:
14. Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing upon the date of execution by the parties and ending June 30, 2018.
Exhibit A is amended and restated as follows:
EXHIBIT A:
DESCRIPTION OF WORK
1. Construction staging (including parking and storage of equipment and materials)
2. Surveys and staking
3. Environmental testing and abatement
4. Demolition and/or removal of concrete, asphalt, equipment, fencing, vegetation, and debris
5. Demolition and removal of buildings and structures (including asbestos abatement)
6. Excavation, grading and import or export of soils
7. Erosion control and dewatering
1f d of 0 ,n y. rt -j
Page 1 of 2
oc:c
8. Installation of temporary roads and fencing
9. Removal, relocation, construction, and installation of stormwater drainage (including collection,
conveyance and detention), sanitary sewer, water, electric, and gas utilities
10. Installation of below grade foundation support systems
11. Full construction of Building C as long as the work is in substantial conformance with the plans
reflected in permit D14-0178
12. Full construction of Building D as long as the work is in substantial conformance with the plans
reflected in permit D14-0326
13. Construction of foundations and concrete work up to the top of the P -T deck for Building E as
long as the work is in substantial conformance with the plans reflected in permit D14-0389
All other provisions of the contract shall remain in full force and effect.
-t--
Dated this I a day of .l t. 14 C. -
CITY OF TU ILA
Al an Ekberg, Mayor
ATTEST/AUTHENTICATED
1/2)-ye_D
City Clerk _J
APPROVED AS TO FORM
City Attorney `f
DEVELOPER
,2017
Bryan Park, Manager
Page 2 of 2
Agreement Number: 14-120( )
TEMPORARY USAGE AGREEMENT
Amendment # 3
Between the City of Tukwila and Tukwila Village Development Associates, LLC
WHEREAS, the Developer plans to purchase the Property by the end of 2016 but would like to begin
construction of Buildings C, D, and E as shown on Exhibit C in order to continue working on the Project;
and
WHEREAS, in July 2016 the Developer requested permission to pull building permits for Buildings C and D
and a foundation permit for Building E; and
WHEREAS, the City desires to expedite completion of the Project yet mitigate the City's risk related to
construction of the Project during its time as owner of the Property; and
WHEREAS, the Developer is an LLC and, as such, may not have sufficient assets to pay off any liens in the
event of termination; and
WHEREAS, Pacific Northern Construction Company ("PNCC") has sufficient assets to pay off any liens that
attach to the Property due to Developer's activities on the Property; and
WHEREAS, the Developer has the ability to compel PNCC to issue a letter to City indemnifying City from
any liens related to Developer's activities on the Property;
NOW, THEREFORE, the Temporary Usage Agreement, contract number 14-120, dated August 18, 2014
between the City of Tukwila and Tukwila Village Development Associates, LLC is amended as follows:
Section 4 is amended and restated as follows:
4. Permits and Easements. The Developer and any contractors, subcontractors or delegates shall
perform all Work in accordance with all applicable permits approved and issued by City and all recorded
easements. Developer, contractors, and sub -contractors may pull permits for foundation work for Building E.
Developer, contractors, and sub -contractors may pull any building permits necessary for full construction of
Buildings C and D. The Developer expressly agrees that regardless of what permits the City issues for the
Project, the Developer, contractors, and sub -contractors may not perform activities on the Property not
included in the description of the Work contained herein.
Section 8 is amended and restated as follows:
8. Compensation. The Developer shall undertake the Work for its own purposes and shall receive
no compensation or reimbursement from the City. Similarly, the City shall receive no compensation or
reimbursement from the Developer for the temporary use of the Property. If Developer does not complete the
purchase of the Property or any of the individual Development Parcels thereof within the times frames
identified in the DDA, all Work performed thereon shall be forfeit and become the property of the City. If
Developer does not complete the purchase of Parcel C of Lot Consolidation L13-021 and Parcel A of Lot
Consolidation L16-031 by January 31, 2017 the City may terminate this Agreement and all Work performed
thereon shall be forfeit and become the property of the City.
Section 12 is amended and restated as follows:
Page 1 of 4
Agreement Number: 14-1200
12. Liens. The Developer shall indemnify, defend, and hold harmless the City for any liens placed by
Contractors on the Property. The Developer shall provide a letter signed by PNCC indemnifying the City of
Tukwila from any liens placed by Contractors on the Property. The letter shall be in a form and substance
satisfactory to City as solely determined by City. The letter shall include an attachment from a qualified
financial institution stating that PNCC and its shareholders have sufficient liquid assets to pay liens related to
the Work.
Section 15 is amended and restated as follows:
15. Termination. This Agreement may be terminated if the Developer or any Contractors complete
Work without applicable permits, or perform activities on the Property not included in the description of the
Work, by the City giving to the Developer thirty (30) days written notice of the City's intention to terminate
the same. The Developer may terminate this Agreement at any time by giving the City thirty (30) days
written notice thereof. This Agreement shall automatically terminate if the DDA otherwise terminates earlier
than this Agreement. City may terminate this Agreement by giving Developer five (5) days written notice if
Developer does not provide the indemnification letter from PNCC as described m Section 12 within 14 days
of execution of this Amendment.
Exhibit A is amended and restated as follows:
EXHIBIT A:
DESCRIPTION OF WORK
1. Construction staging (including parking and storage of equipment and materials)
2. Surveys and staking
3. Environmental testing and abatement
4. Demolition and/or removal of concrete, asphalt, equipment, fencing, vegetation and debris
5. Demolition and removal of buildings and structures (including asbestos abatement)
6. Excavation, grading and import or export of soils
7. Erosion control and dewatering
8. Installation of temporary roads and fencing
9. Removal, relocation, construction, and installation of stormwater drainage (including collection,
conveyance and detention), sanitary sewer, water, electric, and gas utilities
10. Installation of below grade foundation support systems
11. Construction of foundations (below and above grade) for Buildings C, D, and E as long as the
work is in substantial conformance with the plans reflected in permit applications D14-0178,
D14-0326, and D14-0389, respectively, as of July 2016.
12. Construction of Building D up to the top of the highest PT Deck, as long as the work is in
substantial conformance with the plans reflected in permit application D14-0326 as of July 2016
13. Full construction of Building C, as long as the work is in substantial conformance with the plans
reflected in permit application D 14-0178 as of July 2016
[The remainder of this page is intentionally blank]
Page 2 of 4
EXHIBIT C is added as follows:
r
PARKING LEGEND
0 AMMER OF STALLS IN now
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THE SAIMAA
APARTMENTS
TIAMTAIA COMM.
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NORMANDY COURT
APARTMENTS
EXHIBIT C
Building Identification
IT1 .....r...._ _ _ s iwnsma-rLuoicwE FUN
SR !MUMS
1,1
LT7— WPM MAMO ONITIE AA.
BUILDING B
UMTS -125
GARAGE PARIONG STAL1/3- Se
—
1 1-
Agreement Number: 14-120(C)
RNERTON
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BUILDING A
UNITS -
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MOM AMIE PUN.
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MANN RAMAT 0
TUKWILA VILLAGE PARKING
PHASE I PAASE2
PARCEL A PAWN°
MASSAGE .50
TOTAL .1341
PARCEL GPI/0014G
GARAGE .0
SUM. .11
vnvu
PARCEL E PARX140
WAAGE ATOTBOT1211
SURFACE T
SURFACE MOW • 10
PRASE 1 TOTAL T Ile
PHASE 3
PATICEL S PARIMM
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•131¢5111ANCOMMCMOI
GREATESAR
IROTOR INN
[The executing signatures of the parties are on the following page]
Page 3 of 4
Agreement Number: 14-120(C
All other provisions of the contract shall remain in full force and effect.
Dated this f � day of
CITY OF TUKWILA
J\it�
DEVELOPER
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED
"Oa),
APPROVED AS TO FORM
City Attorney
,20J
Yr—A fail,
Bryan Park, Manager
Page 4 of 4
Agreement Number: 14-120(b)
TEMPORARY USAGE AGREEMENT
Amendment # 2
Between the City of Tukwila and Tukwila Village Development Associates, LLC
Exhibit B of Contract No. 14-120 dated August 18, 2014 between the City of Tukwila and Tukwila Village
Development Associates, LLC is amended and restated as follows:
EXHIBIT B:
LEGAL DESCRIPTION OF THE PROPERTY
The Property comprises parcels A, B, and C of City of Tukwila Lot Consolidation No. L13-021 as
recorded under King County recording number 20150428900001 and parcel A of City of Tukwila
Lot Consolidation No. L16-031 as recorded under King County recording number 20160629900001
and as described and depicted below:
PARCEL A of Lot Consolidation L13-021
That portion of Southeast quarter of the Southwest quarter of Section 15, Township 23 North,
Range 4 East, Willamette Meridian, more particularly described as follows:
COMMENCING at the Southeast corner of said Southwest quarter;
THENCE North 87°35'31" West, 586.32 feet along the South line of said Southwest quarter;
THENCE at right angles, North 02°24'29" East, 44.25 feet to the North margin of South 144th
Street as conveyed to the City of Tukwila by King County Recording No. 20150319001438;
THENCE North 20°06'52" East, 155.94 feet to the TRUE POINT OF BEGINNING;
THENCE North 19°27'24" East, 33.78 feet to a point on a non -tangent curve, the radius of which
bears North 03°55'17" West;
THENCE Northeasterly along the arc of a curve concave to the Northwest, having a radius of
40.00 feet, through a central angle of 37°11'17", and an arc length of 25.96 feet to a point of
reverse curvature;
THENCE Easterly along the arc of a curve to the right, having a radius of 64.00 feet, through a
central angle of 49°31'35", and an arc length of 55.32 feet;
THENCE North 08°25'00" East, 105.72 feet to a point of tangency;
THENCE Northerly along the arc of a curve to the left, having a radius of 200.00 feet, through a
central angle of 06°57'36", and an arc length of 24.30 feet;
THENCE North 01°27'24" East, 31.97 feet to the North line of the Plat of Cherry Lane, recorded in
Volume 48, at page 21;
THENCE South 87°35'31" East, 31.50 feet along said North line;
THENCE North 01°27'24" East, 65.00 feet;
THENCE North 07°15'12" West, 135.11 feet;
THENCE South 73°14'00" West, 151.66 feet to the East margin of Tukwila International Boulevard,
being a point on a non -tangent curve, the radius of which bears North 80°09'16" West;
THENCE Southerly along said East margin, along the arc of a curve concave to the West, having a
radius of 1,960.00 feet, through a central angle of 10°02'33", and an arc length of 343.54 feet to a
point which bears North 70°32'36" West from the TRUE POINT OF BEGINNING;
THENCE South 70°32'36" East, 119.35 feet to the TRUE POINT OF BEGINNING.
t a�VN*6VV
Page 1 of 5
Agreement Number: 14-12009)
PARCEL B of Lot Consolidation L13-021
That portion of Southeast quarter of the Southwest quarter of Section 15, Township 23 North,
Range 4 East, Willamette Meridian, more particularly described as follows:
COMMENCING at the Southeast corner of said Southwest quarter;
THENCE North 87°35'31" West, 586.32 feet along the South line of said Southwest quarter;
THENCE at right angles, North 02°24'29" East, 44.25 feet to the North margin of South 144th
Street as conveyed to the City of Tukwila by King County Recording No. 20150319001438;
THENCE North 20°06'52" East, 155.94;
THENCE North 19°27'24" East, 33.78 feet to a point on a non -tangent curve, the radius of which
bears North 03°55'17" West;
THENCE Northeasterly along the arc of a curve concave to the Northwest, having a radius of
40.00 feet, through a central angle of 37°11'17", and an arc length of 25.96 feet to a point of
reverse curvature;
THENCE Easterly along the arc of a curve to the right, having a radius of 64.00 feet, through a
central angle of 49°31'35", and an arc length of 55.32 feet being the TRUE POINT OF
BEGINNING;
THENCE North 08°25'00" East, 105.72 feet to a point of tangency;
THENCE Northerly along the arc of a curve to the left, having a radius of 200.00 feet, through a
central angle of 06°57'36", and an arc length of 24.30 feet;
THENCE North 01°27'24" East, 31.97 feet to the North line of the Plat of Cherry Lane, recorded in
Volume 48, at page 21;
THENCE South 87°35'31" East, 194.14 feet along said North line to the Northeast corner of said
Plat;
THENCE South 01°27'24" West, 379.50 feet along the East line of said Plat to said North margin;
THENCE North 87°35'31" West, 152.18 feet along said North margin;
THENCE North 01°27'33" East, 155.53 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
64.00 feet, through a central angle of 83°02'24", and an arc length of 92.76 feet to the TRUE
POINT OF BEGINNING.
PARCEL C of Lot Consolidation L13-021
That portion of Southeast quarter of the Southwest quarter of Section 15, Township 23 North,
Range 4 East, Willamette Meridian, more particularly described as follows:
COMMENCING at the Southeast corner of said Southwest quarter;
THENCE North 87°35'31" West, 586.32 feet along the South line of said Southwest quarter;
THENCE at right angles, North 02°24'29" East, 44.25 feet to the North margin of South 144th
Street as conveyed to the City of Tukwila by King County Recording No. 20150319001438 and the
TRUE POINT OF BEGINNING;
THENCE North 20°06'52" East, 155.94
THENCE North 19°27'24" East, 33.78 feet to a point on a non -tangent curve, the radius of which
bears North 03°55'17" West;
THENCE northeasterly along the arc of a curve concave to the northwest, having a radius of 40.00
feet, through a central angle of 37°11'17", and an arc length of 25.96 feet to a point of reverse
curvature;
Page 2 of 5
Agreement Number: 14-120W)
THENCE southeasterly along the arc of a curve to the right, having a radius of 64.00 feet, through
a central angle of 132°33'59", and an arc length of 148.08 feet;
THENCE South 01°27'33" West, 155.53 feet to said North margin;
THENCE North 87°35'31" West, 31.40 feet along said North margin;
THENCE North 02°27'55" East, 2.40 feet along said North margin;
THENCE North 84°49'09" West, 141.70 feet along said North margin;
THENCE North 87°35'35" West, 16.29 feet to along said North margin the TRUE POINT OF
BEGINNING.
PARCEL A of Lot Consolidation L16-031
THAT PORTION OF LOTS 12 THROUGH 15, INCLUSIVE, BLOCK 2, PLAT OF ADAMS HOME
TRACTS RECORDED IN VOLUME 11, AND PAGE 31, RECORDS OF KING COUNTY,
WASHINGTON, BEING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH MARGIN OF SOUTH 144TH STREET AS
CONVEYED TO THE CITY OF TUKWILA BY KING RECORDING NO. 20150319001438 AND
THE EAST LINE OF SAID LOT 15;
THENCE SOUTH 01°06'33" WEST, 280.19 FEET ALONG SAID EAST LINE TO A POINT ON A
LINE PARALLEL WITH AND 11.50 FEET NORTH OF THE SOUTH LINE OF SAID LOT 15;
THENCE NORTH 87°39'54" WEST, 97.12 FEET;
THENCE SOUTH 01°06'50" WEST, 11.50 FEET TO THE SOUTH LINE OF SAID LOT 15;
THENCE NORTH 87°39'54" WEST, 97.33 FEET ALONG SAID SOUTH LINE AND THE SOUTH
LINE OF SAID LOT 14 TO A POINT ON A LINE PARALLEL WITH AND 60.00 FEET EAST OF
THE WEST LINE OF SAID LOT 14;
THENCE NORTH 01°07'07" EAST, 125.03 FEET ALONG SAID PARALLEL LINE TO A POINT ON
A LINE PARALLEL WITH AND 125.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 14;
THENCE NORTH 87°39'54" WEST 198.12 FEET ALONG SAID PARALLEL LINE TO THE EAST
MARGIN OF TUKWILA INTERNATIONAL BOULEVARD;
THENCE NORTH 20°06'52" EAST, 160.87 FEET TO THAT PORTION CONVEYED TO THE
STATE OF WASHINGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO.
9603260430;
THENCE SOUTH 69°53'08" EAST, 5.00 FEET ALONG SAID EAST MARGIN;
THENCE NORTH 20°06'52" EAST, 20.00 FEET ALONG SAID EAST MARGIN;
THENCE NORTH 69°55'50" EAST, 2.71 FEET ALONG SAID EAST MARGIN TO SAID SOUTH
MARGIN OF SOUTH 144TH STREET AS CONVEYED TO THE CITY OF TUKWILA BY KING
RECORDING NO. 20150319001438;
THENCE SOUTH 87°35'35" EAST, 161.55 FEET ALONG SAID SOUTH MARGIN;
THENCE SOUTH 02°24'25" WEST, 8.39 FEET ALONG SAID SOUTH MARGIN;
THENCE SOUTH 88°52'26" EAST, 164.98 FEET TO THE TRUE POINT OF BEGINNING.
Page 3 of 5
Depiction of Parcels A, B, and C of Lot Consolidation L13-021
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Agreement Number: 14-120 (0)
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Depiction of Parcel A of Lot Consolidation L13-021
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PARCEL D / PARCEL C
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Page 4 of 5
Agreement Number: 14-120( )
Lot Consolidation Parcels
Assessor Parcel Number
Lot Consolidation L13-021
Parcel A
152304-9242
Parcel B
152304-9322
Parcel C
152304-9096
Lot Consolidation L16-031
Parcel A
004000-0180
All other provisions of the contract shall remain in full force and effect.
Dated this I day of , 20 /b
CITY OF TUKWILA
Allan Ekberg, Mayor
ATTEST/AUTHENTICATE
DEVELOPER
if_A tot_______
Bryan Park, Manager
Page 5 of 5
City of ,'ukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 01)
TEMPORARY USAGE AGREEMENT
Amendment # 1
Between the City of Tukwila and Tukwila Village Development Associates, LLC
Exhibit B of Contract No. 14-120 dated August 18, 2014 between the City of Tukwila and Tukwila Village
Development Associates, LLC is amended and restated as follows:
EXHIBIT B:
LEGAL DESCRIPTION OF THE PROPERTY
The Property comprises parcels A, B, and C of City of Tukwila Lot Consolidation No. L-13-021 as
recorded under King County recording number 20150428900001 and parcels K, L, M, N,
0, P and Q as described and depicted below:
PARCEL A
That portion of Southeast quarter of the Southwest quarter of Section 15, Township 23 North,
Range 4 East, Willamette Meridian, more particularly described as follows:
COMMENCING at the Southeast corner of said Southwest quarter;
THENCE North 87°35'31" West, 586.32 feet along the South line of said Southwest quarter;
THENCE at right angles, North 02°24'29" East, 44.25 feet to the North margin of South 144th
Street as conveyed to the City of Tukwila by King County Recording No. 20150319001438;
THENCE North 20°06'52" East, 155.94 feet to the TRUE POINT OF BEGINNING;
THENCE North 19°27'24" East, 33.78 feet to a point on a non -tangent curve, the radius of which
bears North 03°55'17" West;
THENCE Northeasterly along the arc of a curve concave to the Northwest, having a radius of
40.00 feet, through a central angle of 37°11'17", and an arc length of 25.96 feet to a point of
reverse curvature;
THENCE Easterly along the arc of a curve to the right, having a radius of 64.00 feet, through a
central angle of 49°31'35", and an arc length of 55.32 feet;
THENCE North 08°25'00" East, 105.72 feet to a point of tangency;
THENCE Northerly along the arc of a curve to the left, having a radius of 200.00 feet, through a
central angle of 06°57'36", and an arc length of 24.30 feet;
THENCE North 01°27'24" East, 31.97 feet to the North line of the Plat of Cherry Lane, recorded in
Volume 48, at page 21;
THENCE South 87°35'31" East, 31.50 feet along said North line;
THENCE North 01°27'24" East, 65.00 feet;
THENCE North 07°15'12" West, 135.11 feet;
THENCE South 73°14'00" West, 151.66 feet to the East margin of Tukwila International Boulevard,
being a point on a non -tangent curve, the radius of which bears North 80°09'16" West;
CA: 2012
Page 1 of 6
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 14-120(gI
THENCE Southerly along said East margin, along the arc of a curve concave to the West, having a
radius of 1,960.00 feet, through a central angle of 10°02'33", and an arc length of 343.54 feet to a
point which bears North 70°32'36" West from the TRUE POINT OF BEGINNING;
THENCE South 70°32'36" East, 119.35 feet to the TRUE POINT OF BEGINNING.
PARCEL B
That portion of Southeast quarter of the Southwest quarter of Section 15, Township 23 North,
Range 4 East, Willamette Meridian, more particularly described as follows:
COMMENCING at the Southeast corner of said Southwest quarter;
THENCE North 87°35'31" West, 586.32 feet along the South line of said Southwest quarter;
THENCE at right angles, North 02°24'29" East, 44.25 feet to the North margin of South 144th
Street as conveyed to the City of Tukwila by King County Recording No. 20150319001438;
THENCE North 20°06'52" East, 155.94;
THENCE North 19°27'24" East, 33.78 feet to a point on a non -tangent curve, the radius of which
bears North 03°55'17" West;
THENCE Northeasterly along the arc of a curve concave to the Northwest, having a radius of
40.00 feet, through a central angle of 37°11'17", and an arc length of 25.96 feet to a point of
reverse curvature;
THENCE Easterly along the arc of a curve to the right, having a radius of 64.00 feet, through a
central angle of 49°31'35", and an arc length of 55.32 feet being the TRUE POINT OF
BEGINNING;
THENCE North 08°25'00" East, 105.72 feet to a point of tangency;
THENCE Northerly along the arc of a curve to the left, having a radius of 200.00 feet, through a
central angle of 06°5T36", and an arc length of 24.30 feet;
THENCE North 01°27'24" East, 31.97 feet to the North line of the Plat of Cherry Lane, recorded in
Volume 48, at page 21;
THENCE South 87°35'31" East, 194.14 feet along said North line to the Northeast corner of said
Plat;
THENCE South 01 °27'24" West, 379.50 feet along the East line of said Plat to said North margin;
THENCE North 87°35'31" West, 152.18 feet along said North margin;
THENCE North 01°27'33" East, 155.53 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
64.00 feet, through a central angle of 83°02'24", and an arc length of 92.76 feet to the TRUE
POINT OF BEGINNING.
PARCEL C
That portion of Southeast quarter of the Southwest quarter of Section 15, Township 23 North,
Range 4 East, Willamette Meridian, more particularly described as follows:
COMMENCING at the Southeast corner of said Southwest quarter;
THENCE North 87°35'31" West, 586.32 feet along the South line of said Southwest quarter;
THENCE at right angles, North 02°24'29" East, 44.25 feet to the North margin of South 144th
Street as conveyed to the City of Tukwila by King County Recording No. 20150319001438 and the
TRUE POINT OF BEGINNING;
CA: 2012
Page 2 of 6
City of �"ukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 14-120
THENCE North 20°06'52" East, 155.94
THENCE North 19°27'24" East, 33.78 feet to a point on a non -tangent curve, the radius of which
bears North 03°55'17" West;
THENCE northeasterly along the arc of a curve concave to the northwest, having a radius of 40.00
feet, through a central angle of 37°11'17", and an arc length of 25.96 feet to a point of reverse
curvature;
THENCE southeasterly along the arc of a curve to the right, having a radius of 64.00 feet, through
a central angle of 132°33'59", and an arc length of 148.08 feet;
THENCE South 01°27'33" West, 155.53 feet to said North margin;
THENCE North 87°35'31" West, 31.40 feet along said North margin;
THENCE North 02°27'55" East, 2.40 feet along said North margin;
THENCE North 84°49'09" West, 141.70 feet along said North margin;
THENCE North 87°35'35" West, 16.29 feet to along said North margin the TRUE POINT OF
BEGINNING.
PARCEL K:
THAT PORTION OF THE NORTH 105.12 FEET OF LOT 13 LYING EASTERLY OF STATE ROAD
NO 1 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF
PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON.
EXCEPT THOSE PORTIONS OF LOT 13 CONVEYED FOR ROAD PURPOSES TO KING
COUNTY, STATE OF WASHINGTON, RECORDED UNDER RECORDING NO 7501150141 AND
TO THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO 9603260430,
RECORDS OF KING COUNTY, WASHINGTON.
PARCEL L:
THE WEST 60 FEET OF THE NORTH 83 FEET OF LOT 14 IN BLOCK 2 OF ADAMS HOME
TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF
KING COUNTY, WASHINGTON.
PARCEL M:
THAT PORTION OF LOTS 13 AND 14 IN BLOCK 2 OF ADAM HOME TRACTS IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 60 FEET EAST AND 159 FEET NORTH OF THE SOUTHWEST
CORNER OF TRACT 14; THENCE WESTERLY 100 FEET; THENCE NORTHERLY 26 FEET;
THENCE WESTERLY 78.51 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY
SOUTH; THENCE NORTHEASTERLY ALONG SAID HIGHWAY 23.74 FEET; THENCE
EASTERLY 109.85 FEET; THENCE NORTHERLY 22.20 FEET; THENCE EASTERLY 60 FEET:
THENCE SOUTHERLY 70.60 FEET TO POINT OF BEGINNING.
PARCEL N:
THAT PORTION OF LOTS 12, 13 AND 14 IN BLOCK 2 OF ADAMS HOME TRACTS IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
CA: 2012
Page 3 of 6
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 14-120( )
BEGINNING 60 FEET EAST AND 125 FEET NORTH OF THE SOUTHWEST CORNER OF
TRACT 14; THENCE WESTERLY 198.14 FEET TO THE EASTERLY MARGIN OF PACIFIC
HIGHWAY SOUTH; THENCE NORTHEASTERLY ALONG SAID HIGHWAY 63.02 FEET;
THENCE EASTERLY 78.51 FEET; THENCE SOUTHERLY 26 FEET; THENCE EASTERLY 100
FEET; THENCE SOUTHERLY 34 FEET TO POINT OF BEGINNING.
PARCEL 0:
LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11
OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON.
EXCEPT THE WEST 60 FEET THEREOF.
PARCEL P:
THE WEST 28.6 FEET OF LOT 15 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT
RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY,
WASHINGTON.
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL Q:
LOT 15, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON.
EXCEPT THE WEST 29.5 FEET THEREOF.
AND EXCEPT THE SOUTH 11.5 FEET THEREOF.
AND EXCEPT THE EAST 3.0 FEET THEREOF.
Listed Parcel As Shown On Parcel Map
Corresponding Assessor Parcel Number
A
Not yet available
B
Not yet available
C
Not yet available
K
004000-0180
L
004000-0194
M
004000-0146
N
004000-0145
0
004000-0191
P
004000-0196
Q
004000-0198
CA: 2012
Page 4 of 6
City oftukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Parcels A, B, and C
Agreement Number: 14-120
��ira1a' as
LOT CONSOU0A710N N0. LI3-027
---a_tAIM_
NEW LOT CONPIOURATION
1 EASEMENTS
RECEIVED
PTI OF TE UV4, OF TIE JAW Of !EC IA
TOINIO 23 NOM. MANGE 4 EAST. 030
QTY Of TUni. NIIO COMM TAOII4TO41
Parcels K, L, M, N, 0, P and Q
PARCEL 0
a
W
re
4g iu ?
PARCEL Q
s ,44
CA: 2012
Page 5 of 6
)(,‹
City oftukwila
6200 Southcenter Boulevard, Tukwila WA 98188
All other provisions of the contract shall remain in full force and effect.
Dated this 0 day of
CITY OF TUKWILA
frp
J' "'or
aggerto
TTEST/AUTHENTICATED
City Clerk
CA: 2012
DEVELOPER
,20 /r
Bryan Park, Manager
APPROVED AS TO FORM
City Attorney
Page 6 of 6
14-120
Council Approval N/A
Contract No.
TEMPORARY USAGE AGREEMENT
This Temporary Usage Agreement (the "Agreement) is entered into by and between the City of
Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as the "City,"
and Tukwila Village Development Associates, LLC, hereinafter referred to as the "Developer", whose
principal office is located at 201 - 27th Avenue SE, Building A, Suite 300, Puyallup, WA 98374.
WHEREAS, on October 30, 2012, the City and Developer executed a Disposition and
Development Agreement (the "DDA") which sets forth the terms and conditions for the Developer to
purchase approximately 5.76 acres of real property (as legally described in the DDA, the "Property")
from the City for the purpose of developing a mixed-use project known as Tukwila Village (the
"Project"); and
WHEREAS, the DDA allows the Developer to acquire and develop the Property in phases
pursuant to a Phased Development Plan, which has been submitted to the City by the Developer and
which has been approved by the City (the "Approved Phased Development Plan");
WHEREAS, the Developer has submitted a Boundary Line Adjustment application (the "BLA")
to the City to consolidate the numerous existing parcels comprising the Property and to divide the
Property into individual Development Parcels consistent with the Approved Phased Development Plan
and the DDA, and to create the Library Parcel to be acquired by the King County Rural Library
District, d/b/a King County Library System ("KLCS"), from the City pursuant to a separate Purchase
and Sale Agreement;
WHEREAS, the Developer has submitted and the City has approved the SEPA environmental
checklist for the Project and the City has issued a SEPA determination of non -significance with respect
to the Project;
WHEREAS, the Developer has submitted and the City has approved the Site Plan with respect to
the Project, consistent with the Approved Phased Development Plan;
WHEREAS, the Developer has submitted and the Board of Architectural Review of the City has
approved the Design Review applications with respect to the overall Site Plan and Phase 1 and Phase 2
of the Project;
WHEREAS, the Developer has submitted an application to the Public Works Department of the
City for site development and civil engineering permits with respect to Phase 1 of the Project;
WHEREAS, the Developer has submitted a building permit application to the Planning
Department of the City with respect to Phase 1 of the Project;
WHEREAS, in order to gain certain efficiencies and to expedite the development of the Project
pursuant to the Approved Phased Development Plan, the Developer and City desire for the Developer
to have the option to begin certain development or construction work on the Property, subject to the
issuance of the applicable permits, prior to the Developer acquiring the Property or any of the
individual Development Parcels thereof; and
WHEREAS, the City desires to have no financial responsibility or legal liability for any work the
Developer chooses to undertake for the Project and to have the Developer indemnify and hold the City
harmless against any liability or claims that may arise in connection with any work the Developer
chooses to undertake for the Project hereunder.
NOW, THEREFORE, in consideration of the mutual promises, benefits, terms and conditions
hereinafter contained, the parties hereto agree as follows:
1. Description of Work to be Performed by Developer. The Developer may perform certain
development or construction work on the Property as described on Exhibit A attached hereto and
incorporated herein by this reference as if fully set forth herein (the "Work"). In performing the Work,
the Developer and any contractors, subcontractors or delegates shall at all times comply with all
Federal, State, and local statutes, rules and ordinances applicable to the performance of such Work.
The Developer shall request and obtain prior written approval from the City if the scope of Work is to
be modified in any way.
Page 1 of 10
15t vz, Z o n 6.- c. _ .-s
2. Property Representation. The City represents and warrants that it is the legal and beneficial
owner of the Property which consists of certain parcels of real property as described in Exhibit B
attached hereto.
3. Site Control. The Developer shall have the right to use and control the Property for purposes
of performing the Work during the term of this Agreement. The City shall have right to enter at any
time for purposes of inspecting the Work, ensuring the provisions of this Agreement are being met and
for any other purposes that are not inconsistent with the rights granted to the Developer herein. The
Developer shall have the right to delegate the use and control of a portion or portions of the Property
during the term of this Agreement to KCLS for purposes of construction staging to facilitate the
construction of a new Library on the Library Parcel; provided, that KCLS shall execute a Temporary
Usage Agreement substantially similar to this Agreement including indemnification and insurance
provisions substantially similar to Paragraphs 10 and 11 hereof in favor of both the City and the
Developer. The Developer shall have the right to delegate the use and control of a portion of the
Property during the term of this Agreement to the King County Housing Authority ("KCHA") for
purposes of temporary parking to accommodate up to 18 vehicles in the event of the displacement of
the existing KCHA Parking Easement; provided, that KCHA shall execute an Amended and Restated
Parking and Reciprocal Easement Agreement with indemnification and insurance provisions
substantially similar to Paragraphs 10 and 11 of this Agreement in favor of both the City and the
Developer.
4. Permits and Easements. The Developer and any contractors, subcontractors or delegates
shall perform all Work in accordance with all applicable permits approved and issued by City and all
recorded easements.
5. Disruption and Debris. In performing the Work, the Developer and any contractors,
subcontractors or delegates may cause disruption to the Property. The Developer and any contractors,
subcontractors or delegates shall, upon completion of the Work or termination of this Agreement,
remove all debris.
6. Utilities. The Developer and any contractors, subcontractors or delegates shall perform the
Work with consideration for the location of existing utilities and in such as manner which shall avoid
interruption to existing utilities. In the event of any anticipated interruption to existing utilities, the
Developer shall notify all affected utility companies and the City as quickly as is reasonably
practicable. If the Work includes removal, relocation, or construction of utilities, the Developer and
any contractors, subcontractors or delegates shall obtain the necessary permits or approvals from the
appropriate jurisdictions or agencies.
7. As-Builts. The Developer shall provide the City with copies of as-built plans within three (3)
months of completion of the Work or termination of this Agreement.
8. Compensation. The Developer shall undertake the Work for its own purposes and shall
receive no compensation or reimbursement from the City. Similarly, the City shall receive no
compensation or reimbursement from the Developer for the temporary use of the Property. If
Developer does not complete the purchase of the Property or any of the individual Development
Parcels thereof within the times frames identified in the DDA, all Work performed thereon shall be
forfeit and become the property of the City.
9. Contractors. The Developer may hire other firms, contractors, subcontractors or delegates
(each, a "Contractor" and collectively, the "Contractors") to perform the Work. The Developer shall
require each Contractor to provide the City with a signed agreement in which the Contractor
indemnifies the City in accordance with the provisions of Paragraph 10 below and provides proof of
insurance in accordance with the provisions of Paragraph 11 below.
10. Indemnification. The Developer and each Contractor shall indemnify, defend and hold
harmless the City, its officers, agents and employees, from and against any and all claims, losses or
liability, including reasonable attorney's fees, arising from injury or death to persons or damage to
property occasioned by any act, omission or failure of the Developer and/or Contractor, or their
officers, agents and employees, in performing the Work or activity on the Property. With respect to the
performance of this Agreement and as to claims against the City, its officers, agents or employees, the
Developer and/or each Contractor expressly waives their immunity under Title 51 of the Revised Code
of Washington, the Industrial Insurance Act, for injuries to their employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this Paragraph extends to any claim
brought by or on behalf of any employee of the Developer and/or Contractor. This waiver is mutually
Page 2 of 10
negotiated by the parties. This Paragraph shall not apply to any injuries or damages resulting from the
sole negligence of the City, its officers, employees or agents. To the extent any injuries or damages
referenced in this Paragraph were caused by or resulted from the concurrent negligence of the City, its
officers, employees or agents, this obligation to indemnify, defend and hold harmless is valid and
enforceable only to the extent of the negligence of the Developer and/or Contractor, or their officers,
employees or agents.
11. Insurance.
A. The Developer shall procure and maintain in full force throughout the duration of this
Agreement comprehensive general liability insurance with a minimum coverage of a combined single
limit of not less than One Million Dollars ($1,000,000) per occurrence and an aggregate limit of not
less than Two Million Dollars ($2,000,000), for both personal injury and property damage. All
Contractors shall procure and maintain in full force throughout the duration of their respective
contracts comprehensive general liability insurance with a minimum coverage of a combined single
limit of not less than One Million Dollars ($1,000,000) per occurrence and an aggregate limit of not
less than Two Million Dollars ($2,000,000), for both personal injury and property damage. Each policy
of insurance shall name the City of Tukwila as an additional named insured and shall include a
provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30)
days prior written notice to the City. Premature cancellation of the required insurance shall
automatically result in termination of this Agreement unless such insurance is promptly re -instated.
B. Certificates of insurance for the Developer as required by Subparagraph A above shall be
delivered to the City within fifteen (15) days of execution of this Agreement. Certificates of insurance
for the Contractors as required by Subparagraph A above shall be delivered to the City prior to the
commencement of the Work to be performed by said Contractors.
12. Liens. The Developer shall indemnify, defend, and hold harmless the City for any liens
placed by Contractors on the Property.
13. Tenants. The Developer may sublease a portion of the Property to commercial tenants for
any legal purpose. Any such subleases shall include clauses indemnifying the City and providing for a
thirty (30) day notice of termination with no termination penalties.
14. Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing upon the date of execution by the parties and ending June 30, 2017, unless sooner
terminated under the provisions hereinafter specified.
15. Termination. This Agreement may be terminated if the Developer or any Contractors
complete Work without applicable permits, or perform activities on the Property not included in the
description of the Work, by the City giving to the Developer thirty (30) days written notice of the City's
intention to terminate the same. The Developer may terminate this Agreement at any time by giving the
City thirty (30) days written notice thereof. This Agreement shall automatically terminate if the DDA
otherwise terminates earlier than this Agreement.
16. Entire Agreement. This Agreement contains the entire agreement between the parties hereto
and no other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be
deemed to exist or bind any of the parties hereto. Either party may request and propose changes to this
Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk,
City of Tukwila, 6200 Southcenter Blvd., Tukwila, Washington 98188. Notices to the Developer shall
be sent to the following address: Tukwila Village Development Associates, LLC, Attn: Bryan M. Park,
201 - 27th Avenue SE, Building A, Suite 300, Puyallup, WA 98374.
18. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or
other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand
and agree that venue shall be properly laid in King County, Washington. The prevailing party in any
such action or proceeding shall be entitled to its reasonable attorney's fees and costs as determined by a
court of competent jurisdiction.
DATED this 18th day of August, 2014.
[The executing signatures of the parties are on the following page.]
Page 3 of 10
CITY OF TUKWILA: DEVELOPER:
pis A, PAL
By: i i`i�� By:
Name a ► t1e: Jimjrton, Mayor Bryan M. Park, Manager
ATT /AU HE TICATED:
FJ
Christy 'F1ahe , CMC, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By:
Pry
Date approved by City Council: Not Applicable
Page 4 of 10
EXHIBIT A
DESCRIPTION OF WORK
• Construction staging (including parking and storage of equipment and materials)
• Surveys and staking
• Environmental testing and abatement
• Demolition and/or removal of concrete, asphalt, equipment, fencing, vegetation and debris
• Demolition and removal of buildings and structures (including asbestos abatement)
• Excavation, grading and import or export of soils
• Erosion control and dewatering
• Installation of temporary roads and fencing
• Removal, relocation, construction, and installation of stormwater drainage (including
collection, conveyance and detention), sanitary sewer, water, electric, and gas utilities
• Installation of below grade foundation support systems
Page 5 of 10
EXHIBIT B
LEGAL DECRIPTION OF THE PROPERTY
The Property comprises the following parcels listed below and shown on the attached Parcel Map:
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 IN VOLUME 13 OF PLATS, PAGE 12, RECORDS OF KING COUNTY, WASHINGTON; AND
OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SEC,' ION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST
W.M., IN KING COUNTY, WASHINGTON, 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
INTERSEL I ION 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 1/4
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 LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 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 SEL I ION 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 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 POINT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID HIGHWAY FROM A
POINT IN THE EAST MARGIN 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.
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 SELI ION 15, TOWNSHIP 23 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1
(PACIFIC HIGHWAY SOUTH).
Page 6 of 10
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.
TOGETHER WITH THAT PORTION OF 41ST AVENUE SOUTH WHICH INURED THERETO BY VACATION
ORDINANCE NO. 2429, RECORDED JUNE 16, 2014 AS RECORDING NO. 20140616000228.
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 SECIION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., IN KING COUNTY,
WASHINGTON, 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 SEC ION 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 KING COUNTY BY DEED RECORDED
UNDER RECORDING NO. 7409040396.
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 48 OF PLATS, PAGE 21, IN
KING COUNTY, WASHINGTON.
TOGETHER WITH THAT PORTION OF 41ST AVENUE SOUTH WHICH INURED THERETO BY VACATION
ORDINANCE NO. 2429, RECORDED JUNE 16, 2014 AS RECORDING NO. 20140616000228.
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.
TOGETHER WITH THAT PORTION OF 41ST AVENUE SOUTH WHICH INURED THERETO BY VACATION
ORDINANCE NO. 2429, RECORDED JUNE 16, 2014 AS RECORDING NO. 20140616000228.
PARCEL G:
THE NORTH 220 FEET OF LOT 7, CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
48 OF PLATS, PAGE 21, IN KING COUNTY, WASHINGTON.
EXCEPT THE NORTH 132 FEET THEREOF.
TOGETHER WITH THAT PORTION OF 41ST AVENUE SOUTH WHICH INURED THERETO BY VACATION
ORDINANCE NO. 2429, RECORDED JUNE 16, 2014 AS RECORDING NO. 20140616000228.
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.
Page 7 of 10
AND EXCEPT THE SOUTH 84 FEET THEREOF.
TOGETHER WITH THAT PORTION OF 41ST AVENUE SOUTH WHICH INURED THERETO BY VACATION
ORDINANCE NO. 2429, RECORDED JUNE 16, 2014 AS RECORDING NO. 20140616000228.
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.
TOGETHER WITH THAT PORTION OF 41ST AVENUE SOUTH WHICH INURED THERETO BY VACATION
ORDINANCE NO. 2429, RECORDED JUNE 16, 2014 AS RECORDING NO. 20140616000228.
PARCEL J:
[Not included]
PARCEL K:
THAT PORTION OF THE NORTH 105.12 FEET OF LOT 13 LYING EASTERLY OF STATE ROAD NO 1 IN BLOCK 2
OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING
COUNTY, WASHINGTON.
EXCEPT THOSE PORTIONS OF LOT 13 CONVEYED FOR ROAD PURPOSES TO KING COUNTY, STATE OF
WASHINGTON, RECORDED UNDER RECORDING NO 7501150141 AND TO THE STATE OF WASHINGTON
RECORDED UNDER RECORDING NO 9603260430, RECORDS OF KING COUNTY, WASHINGTON.
PARCEL L:
THE WEST 60 FEET OF THE NORTH 83 FEET OF LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT
RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON.
PARCEL M:
THAT PORTION OF LOTS 13 AND 14 IN BLOCK 2 OF ADAM HOME TRACTS IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 60 FEET EAST AND 159 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14;
THENCE WESTERLY 100 FEET;
THENCE NORTHERLY 26 FEET;
THENCE WESTERLY 78.51 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH;
THENCE NORTHEASTERLY ALONG SAID HIGHWAY 23.74 FEET;
THENCE EASTERLY 109.85 FEET;
THENCE NORTHERLY 22.20 FEET;
THENCE EASTERLY 60 FEET;
THENCE SOUTHERLY 70.60 FEET TO POINT OF BEGINNING.
PARCEL N:
THAT PORTION OF LOTS 12, 13 AND 14 IN BLOCK 2 OF ADAMS HOME TRACTS IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING 60 FEET EAST AND 125 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14;
THENCE WESTERLY 198.14 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH;
THENCE NORTHEASTERLY ALONG SAID HIGHWAY 63.02 FEET;
THENCE EASTERLY 78.51 FEET;
THENCE SOUTHERLY 26 FEET;
THENCE EASTERLY 100 FEET;
THENCE SOUTHERLY 34 FEET TO POINT OF BEGINNING.
Page 8 of 10
PARCEL 0:
LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31,
RECORDS OF KING COUNTY, WASHINGTON.
EXCEPT THE WEST 60 FEET THEREOF.
PARCEL P:
THE WEST 28.6 FEET OF LOT 15 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME
11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON.
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL Q:
LOT 15, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF
PLATS, PAGE 31, IN KING COUNTY, WASHINGTON.
EXCEPT THE WEST 29.5 FEET THEREOF.
AND EXCEPT THE SOUTH 11.5 FEET THEREOF.
AND EXCEPT THE EAST 3.0 FEET THEREOF.
Listed Parcel As Shown On Parcel Map
Corresponding Assessor Parcel Number
A
152304-9242
B
152304-9096
C
155420-0030,
155420-0020,
155420-0005,
155420-0025
155420-0010,
155420-0015,
D
152304-9092
E
155420-0036
F
155420-0037
G
155420-0033
H
155420-0035
I
155420-0034
J
Not included
K
004000-0180
L
004000-0194
M
004000-0146
N
004000-0145
0
004000-0191
P
004000-0196
Q
004000-0198
Page 9 of 10
•
PARCEL 9
RiRCEL
^11—
CEL E
PAitca F
PM/tCEL G
PARCEL
PARCEL I
PARCEL J
$ 144Ti4 $7
1
PARCEL K
1111
•
•,114
r
40
PARCEL
E
PARCEL M
1IF
;
PARCEL N
LI
d
Tax ID: Refer to Title Report
Short Legal: A Portion of SW % of Sec 15 & NW % of Sec 22 T23N R4E
Map Not
To Scale
Page 10 of 10