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HomeMy WebLinkAboutPermit 87-01-BLA - CITY OF TUKWILA - FOSTER GOLF COURSE BOUNDARY LINE ADJUSTMENT87-01-bla CITY OF TUKWILA FOSTER GOLF COURSE BOUNDARY LINE ADJUSTMENT 8703040636 BOUNDARY LINE ADJUSTMENT NO. 8 7'I— TUKWILA, WASHINGTON Filed for record at the request of: City of Tukwila Department of. Planning Examined and approved this 21r day of Name Please return to: TT 622 l10 0 ►v 0 JJ Southcenter Blvd. LEGAL DESCRIPTION la, WA 98188 FLIED for Record at itequest tit Legal Description attached at Exh A 87/03/04 #0636 E RECD F 10.00 REV S 15.00 CRSHSL ***25.0n APPROVAL 19c ire • or, Department o P arming Department of Public Works Examined - d approved this 3 day Direc LEGAL DESCRIPTIONS: (For lot line revision - Foster Golf Course) ..." �i+ r., a. r:: i�: t G: �` i:':- 1' �..,. ...... a ^nal9.'6c;;^cCiE:•,�•t r�y.a'�sYr:.keY a:.. �_,. n.- i.xw.�nn -.v. rrrn:5:rr,.;R?a��:tur:an� t• EXHIBIT A Existing Parcel 1. Owned by City of Tukwila: All that portion of the Stephen Foster Donation' Claim in Section 14, Township 23 North, Range 4 East, W.M., lying East of the Puget Sound Electric Railway right of way and South of the northerly margin of Foster Street produced Easterly, EXCEPT a parcel of land more particularly described as follows: Beginning at the intersection of the easterly line of the Puget Sound Electric Railway right of way and the Northerly margin of Foster Street, produced easterly; thence S 49 °24' E along the Easterly line of said right of way, a distance of 191.19 feet; thence along the easterly line of said right of way on a curve to the right having a radius of 5,834.65 feet a distance of 231.67 feet; thence N 42 °52'30" E a distance of 52.07 feet; thence N 18 °17'55" W a distance of 113.58 feet; thence N 26 ° 25'45" W a distance of 42.30 feet; `D thence N 41 °12'20" W a distance of 82.65 feet; 00 thence N 63 °58'40" W a distance of 57.56 feet; O thence N 75 °02'50" W a distance of 159.13 feet to the northerly ' q margin of Foster Street produced Easterly; O thence S 49 °11'08" W along said northerly margin a distance of 51.59 CD feet to the point of beginning Existing Parcel 2. Owned by John Durbin & Associates: Lots 1 to 11 inclusive, Block 9, Hillman 's Seattle Garden Tracts as per plat recorded in Volume 11 of Plats, Page 24, records of King County, Washington; TOGETHER WITH that portionof vacated Edwards Avenue adjoining on the north; EXCEPT the south 20 feet of Lots 5 to 11, inclusive, conveyed to the Town of Tukwila for street purposes, by instrument recorded under Recording No. 1996562 in King County Auditor's File. Existing Parcel 3. Owned by Ben Aliment: Lots 12 to 17, inclusive, Block 9, Hillman's Seattle Garden Tracts as per plat recorded in Volume 11 of Plats, Page 24, records of King County, Washington; TOGETHER WITH that portionof vacated Edwards Avenue adjoining on the north; EXCEPT the south 20 feet of said Lots 12 to 17, inclusive, conveyed to the Town of Tukwila for street purposes, by instrument recorded under Recording No. 1996562 in King County Auditor's File. "t i:1,S'.yu L /1 ., I H. in r:r: F I;• .M! �rir /...a r ti i, ; ' ivx.:s.,s. n,•ut;,,,.�r"S.w. a. aS. i:: rtiSu:; �` 5�3. iXT: �7a` i+ �m. .���';'3`......2 a:.v`:`�"..T. +.�. t'' u�. E' o.'• 9 t i5�". it9k [�,4'.A'Ji,.1Gt7ZdSs'L"1r3aiY .. e. LEGAL DESCRIPTIONS: (For lot line revision - Foster Golf Course - coned) ItatILMIrre New Parcel 1: Existing Parcel 1 EXCEPT that portion of the south 25 feet of the Stephen Foster Donation Land Claim lying easterly of a northwesterly extension of the easterly margin of Maule Avenue [with the south line of said Claim being defined in Volume 26, of Surveys,, Page 62, done by_A.J. Hebrank and filed under King County : Recohding NO. 8 New Parcel 2: Existing Parcel 2 TOGETHER WITH that portion of the south 25 feet of the Stephen Foster Donation Land Claim lying west of a northerly extension of the east ling of Lot 11, Block 9 of said plat of Hillman's Seattle Garden Tracts and east of a northwesterly extension of the easterly margin of Maule Avenue [with the south line of said Claim being defined in Volume 26 of Surveys, Page 62, done by A.J. Hebrank and filed under King County Recording No. 8012170434]. New Parcel 3: Existing. Parcel 3 TOGETHER WITH that portion of the south 25 feet of the Stephen Foster Donation Land Claim lying between northerly extensions of the west line of Lot 12 and the east' of Lot 17, both in Block 9 of said plat of Hillman's Seattle Garden Tracts [with the south line of said Claim being defined in Volume 25 of Surveys, Page 62, done by A.J. Hebrank and filed under King County Recording No. 8012170434]. tiow.SETTYr: A Date Certificate Certificate No: LJ _J 2 LI- • . 0 (fl KAP1.1. S r Br A /J. t BR A. Li 8t F I.. ED UP-11DE (Z. !..J Cow-I-Ty 1,10.8012.170434 Boundary Line Adjustment No. [li >'• 1 fj I I 1 Ni _J _ / Scale: ( / 0 sr 0 2.o / 0 Map on File in Vault > 0 Direction: —7( 100 150 • DECLARATION: Know all men by these presents that we, the undersigned, owner(s) in fee simple and /or contract purchaser(s) of the land herein described do hereby make an application for a boundary line adjustment thereof. The undersigned further declare that the attached map is the graphic representation of said boundary line adjustment and that same is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we have set our hands and seals. CITY OF TU WI OWNERS a il rY an ius 'ayor Name: 46ii J. invent Name Name c7 0 Name O N a STATE OF WASHINGTON, County of King On this day personally appeared before me STATE OF WASHINGTON, County of King seal Nam John D. Durbin, Representing John Durbin & Assoc. Name nl liam A. A iment Name to me known to be the individual described in and who executed the within and foregoing nstrument,andacknowledged that e signed the same as C�c.�� free and voluntary act and deed, for the uses and pur- poses therein mentioned. GIVEN under my hand and official seal this o,��"` 2 day of Notary Public in a • or the State of Washing -tam, residin On this day personally appeared before me Benjamin J. Aliment 19% to me known to be the individual described in and • who executed the within and foregoing instrument, and acknowledged that He signed the same as His free and voluntary act and deed, for the uses and pur- poses therein mentioned. GIVEN under my hand and official seal this 20th day of January , /987. N o tary Public in and for the State of Washington, residing at Tukwila, Wa. PaoE? o [D STATE OF WASHINGTON, County of King On this day personally appeared before me William A. Aliment to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that He signed the same as His free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 27th day of January , 1987. Notary Public in and for the State of Washington, residing at Tukwila, Wa. op STATE OF WASHINGTON VI N County of King O On this day personally appeared before me Gary L. Van Dusen to me known to be the Mayor of the City of Tukwila and who executed the within and foregoing instrument, and acknowledged that He signed the same as His free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 27th day of January , 1987. Notary Public in and for the State of Washington, residing at Tukwila, Wa. 8703040636 bOUNDARY LINE ADJUSTMENT NO. 1 1' GCIT TUKWILA, WASHINGTON City of Tukwila Name Please return to: T 620 0W 0 ; Southcenter Blvd. LEGAL DESCRIPT�ON WA 981tB IMO for MtGuiU at Nequest Ur Legal Description attached at Exhibit A. APPROVAL Department of Plannina �, n Examined and approved this , 19 Lam' /1,4/ ,01/2.."0.- day of ��,01/2.."0.- / Department of Public Works E Examined qA, approved this -W Filed for record at day 4Teriel .. , l9,(y7 the requeet of: ( 1,c.:• - n.. ) . LEGAL DESCRIPTIONS: (For lot line revision - Foster Golf Course) Existing Parcel 1. Owned by City of Tukwila: All that portion of the Stephen Foster Donatiod Claim in Section 14, Township 23 North, Range 4 East, W.N., lying East of the Puget Sound , Electric Railway right of way and South of the northerly margin of Foster Street produced Easterly, EXCEPT a parcel of land more particularly described as follows: Beginning at the intersection of the easterly line of the Puget Sound Electric Railway right of way and the Northerly margin of Foster Street, produced easterly; thence S 49 °24' E along the Easterly line of said right of way, a distance of 191.19 feet: thence along the easterly line of said right of way on a curve to the right having a radius of 5,834.65 feet a distance of 231.67 feet; thence N 42'52'30" E a distance of 52.07 feet; thence N 18'17'55" W a distance of 113.58 feet; thence N 26 °25'45" W a distance of 42.30 feet; `a thence N 41 °12'20" W a distance of 82.65 feet; VI thence N 63 °58'40" W a distance of 57.56 feet; CD thence N 75'02'50" W a distance of 159.13 feet to the northerly— margin of Foster Street produced Easterly; thence S 49 °11'08" W along sa.d northerly margin a distance of 51.59 ' feet to the point of beginning Existing. Parcel 2. Owned by John Durbin & Associates: Lots 1 to 11 inclusive, Block 9, Hillman 's Seattle Garden Tracts, as per plat recorded in Volume 11 of Plats, Page 24, records „of King County, Washington; TOGETHER WITH that portionof vacated Edwards Avenue adjoining on the north; EXCEPT the south 20 feet of Lots 5 to 11, inclusive, conveyed to the Town of Tukwila for street purposes, by instrument recorded under Recording No. 1996562 in King County Auditor's File. Existing Parcel 3. Owned by Ben Aliment: Lots 12 to 17,.inclusive, Block 9, Hillman's Seattle Garden•Tracts as per plat recorded in. Volume 11 of Plats, Page 24, records of King County, Washington; TOGETHER WITH that portionof vacated Edwards Avenue adjoining on the north; EXCEPT the south 20 feet of :said Lots 12 to 17, inclusive, . conveyed to the Town of'Tukwila. for street purposes, by instrument recorded under Recording No; 1996562 in King County Auditor's File. ZXHtBIT A LEGAL DESCRIPTIONS: (For lot line revision - Foster Golf Course New Parcel 1; k Existing Parcel 1 EXCEPT that portion of the south 25 feet of the Stephen Foster Donation Land Claim lying easterly of a northwesterly extension of the easterly margin of Maule Avenue (with the south line of said Claim being defined in Volume 26 of Surveys, Page 62, done by A.J. Hebrank and filed under King . County Recotding No. 8012170434.) New Parcel 2: Existing'Parcel 2 TOGETHER WITH that portion of the south 25 • feet of the Stephen Foster Donation Land Claim lying west of • a northerly extension of the east line of Lot 11, Block 9 of said plat'of Hillman's Seattle Garden Tracts and east of a nerthwesterly extension of the easterly margin of Maule Avenue (with the south line of said Claim being defined in Volume 26 of Surveys, Page 62, done by A.J. Hebrank and filed under King County Recording No, 8012170434). New Parcel 3: Existing Tercel 3 TOGETHER WITH that . portion of the south 25 feet of the.StipyilingUaf ---- . FiC4tiiiiiliZify exfeiiiiiaa line of Lot 12ii -. . ..„ . .., ._ . . _ _. _. „ ...,. _ ,....„--ii.._,.. :,.. OW_ 81 Ock.,9,.. of . ialplat of' . ,. HillmarOs Seattle Garden Tracts (with the south iiii741? Claim being defined in Volume 25 of Surveys, Page 62, done by ,,, A.J. Hebrank and filed under King County Recording No. .. -8012170434). • • A./ If./ • . i.... ›,..,••••:, • . , . ' ••• / // / / /? ' „, ,v / ' ' I i , i • . .‘ ., k Map on File in Vault Direction: jc .N 9 Pege.i of 4 (* I . . 4;1 O • t TO. Scale: 'r ,5,3„, - DECLAMATION: Know all men by these presents that we, the undersigned, owner(s) in tee simple and /or contract purchaser(s) of the land herein described do hereby make an application for a 'iocndary line adjustment thereof, The undersigned further declare that the attached map is the graphic representation of said boundary line cdjustment and that same is made with the free consent and in accordenc, with the desire of the owner(s), In witness whereof we have set'our hands and seals. �WiLA ,- OWNERS �// - , !r� , v. � sir r 'Name: Gary - - lido u D sen, Mayor ii emi J. A� Name N i1 John D. u,6fn, Representing �/ John Durbin b Assoc. .p Name Name liem A. Aliment M Name Name l3 STATE OF WASHINGTON, Count of _Sing On this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that signed the same as / c.c�J free and voluntary act and deed, for the uses and pur- poses therein mentioned. GIVEN under my hand and official seal this seal 1.. STATE OF WASHINGTON, County of Kinq On this day personally' appeared before me Beniamin J. Aliment to me known to be the Individual deacrlbed in and who executed the within and foregoing Instrument, andacknowl•dg•d that He signed thew* as His free and voluntary act and deed, for the uses and pur- poses therein mentioned. GiVEN under my hand and official seal this seal ,.:0 of Zee rl.o. �. � ,.4, Notary public in a or State of .,,.,. W ahingtgn, ri idin at i•ti.c 20th day of January Notary •ub o n an or e • State of warhingeon, raatulny at Tukwila, Ue, ■ k/etis.is-st.-47 191 fey* a of ,( ' . • ' • I . STATE OF WASHINGTON, I' • • ' County of King ' • On this day personally appeared before me William A. Aliment to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that He signed the same as Hl t. free and voluntary act and deed, for the uses and purposes therein mentioned. GIVENunder my hand and official seal this 27th day of January , 1987. STATE OF WASHINGTON County of King aD On this day personally appeared before me to me known to be the Mayor of the City of Tukwila and who executed'the within and foregoing instrument, and acknowledged that He signed the same s His free and voluntary act and deed, for the uses and purposes therein mentioned, " GIVEN under my hand and official seal thik„ 27th ' day of January 1987. • '" „44.?e , • 'i Notary Public in and for the State Washington, xesiding,atjukwila, Wa. 717a a, Notary Public in and for the State of Washington, residing at Tukwila, Wa. Gary L. Van Ousen „ 4. Regilutory control by the State Supervisor of Flood Control through the estehlinhrent of ai flood control zone ro. 2 inclusive within the houndariec thereof these prer'iree and other property as lyir within a flood basin. Control being exercised by issuance of regulatory orders and permits affecting the planning, construction, operation and r:Rintenence of any structure of improvement, public or private, to be erected or built, or to be reconstructed or modified. (RCW 86.16.010 at seq.) • And that raid gr.nntee or 1•1s heirs, eiuecesieors or aecigna, or anyone holding or to bold by. through or under him, either by process of law or otherwise, will nct re *hove, cut down, destroy or kill the large maple tree on said prcmires or the memorial plaque placed thereon, nor allow or permit anyone else to remove, cut down, destroy or kill said tree or the memorial plaque, and eseid grantees for himself, his heirs, successors or asnigns further covenant that when the tree shall die, the then owner of said property will erect and properly place a substantial stone monument or marker, to which shall be attached and fastened securely the above plaque or marker and should paid plaque or marker be moved, defaced or destroyed by anyone whomsoever, the then owner of the property will promptly have caid plaque replaced or a replica thereof set in its stead, to the effect that said memorial plaque shall be maintained on said tree, or a atone replacing the sane, with the agreement and penalty that should such plaque or replica thereof be absent from said tree or stone in place thereof for a period of over 6 months, thereupon the title to said described grounds shall revert to the vendor hereof, his legal heirs, successors or assigns. It is also agreed between the parties hereto that the name of the golf links now oporated in connection with tho hereinbofore described property shall remain and continue to be known as the Foster Colt Links en long as it 1s reed for a 'cif links. Tn the event that this name is not waintnlned, then the sane penalty shall apply as provided in the prececcling paragraph. • /&6-714 C. s - Aosze ��c,•� re- . , the follow- ing described real estate situated in King County, State of Wash- ington: (a) Lots 35 to 42 inclusive and, that portion of Lots 34 and 44 lying southwesterly of the portion thereof conveyed to the Nor- thern Pacific Railway Company, a Wiscon- sin corporation, by James F. McElroy and C. U. Farrell be deed dated September 3, 1912, recorded January 3, 1913, in volume 830 of deeds, page 305, under auditor's file No. 843752, records of said county; all of said property being in Junction Addition to City of Seattle, according to plat thereof recorded in volume 12 of plats, page 75, records of said county; TOGETHER with vacated unnamed street 30 feet in width lying south of said tracts 34 to 38 inclusive and north of said tracts 39 to 44 inclusive; ,f (b) All that portion of the Stephen Foster Donation Claim in section 14, township 23 north, range 4 east, W:M. , lying east of the Puget Sound Electric Railway right' 1.1.1) of'way and south of the northerly margin of Foster Street, produced easterly, EX- CEPT a parcel of. land more particularly P o'''. • described as follows: beginning at the intersection of the easterly line of the Puget Sound Electric Railway right of way and the northerly margin of Foster Street, produced easterly; thence south 49 °24' east along the easterly line of said right of way, a distance of 191.19 feet; thence along the easterly line of said right of way on a curve to the right having a radi- us of 5834.65 feet a distance of 231.67 feet; thence north 42 °52'30" east a distance of 52.07 feet; thence north 18 °17'55" west a distance of 113.58 feet; thence no 26° 25'45 " west a distance of 42.30 feet; 'thence • north 41°12'20" west a distance of 82.65 feet; thence north 63 °58'40" west a distance of 57.56 feet; thence north 75 °02'50" west, a distance of 159.13 feet to the northerly margin of Foster Street produced easterly; thence south 49 °11'08" west along said nor- therly margin a distance of 51.59 feet to the point of beginning; (c) (d) (e) That portion of said Stephen Foster Donation • Claim No. 38, described as follows: Beginning at the intersection of the souther- ly line of, Foster,Street with the northeast- erly line of Pacific Highway; thence south 49 °25'00" east along said northeasterly line of the Pacific Highway a distance of 158 feet, more or less; thence north 40 °35'00" east 25 feet, more or less, to an intersection with the southwesterly line of the Seattle - Tacoma Interurban Railway right of way; thence 49 °25'00 " along the southwesterly line of said right of way 156 -1/2 feet, more or less, to an intersection with the southerly line of Foster Street extended; thence south 49 °11'08" west along the southerly line of Foster Street to the place of beginning, _` All that portion of the Stephen Foster Donation Claim No. 30, in township 23 north, range 4 east, U.M., described as follows: Beginning at intersection of easterly line of Puget Sound Electric Railway right of way and northerly margin of Foster Street produced easterly; thence south 49 °24' east along easterly line of said right of way a distance of 191.19 feet; thence along easterly line of said right of way on a curve to the right having a radius of 5834.65 feet a distance of 231.67 feet; thence north 42 ° 52'30" east a distance of 52.07 feet; thence north 18°17'55" west a distance of 113.58 feet; thence north 26 °25'45" west a distance of 42.30 feet; thence north 41 °12'20" west a distance of 82.65 feet; thence north 63 °58'40" west a distance of 57.56 feet; thence north 75 °02'50" west a distance of 159.13 feet to the northerly margin of Foster Street produced easterly; thence south 49 °11' 08" west along said northerly margin a distance of 51.59 feet to the point of beginning, EXCEPT portion thereof here- tofore conveyed to King County for road by deed recorded under auditor's file No. 2989197, records of county;) That,portion of said Stephen Foster Dona- tion Claim No. 38 described as follows: Beginning at the intersection of the northerly line of Foster Street and the easterly line of Pacific Highway; thence northeasterly 25 feet, more or less, along the northerly line of Foster Street to the westerly line of the Seattle - Tacoma Inter- urban Railway; thence northwesterly along said right of way 231.70 feet; thence in a westerly direction along said right of way 25 feet to the east line of Pacific Highway; thence southeasterly along the easterly line of Pacific Highway to north line of Foster Street and place of begin- ning, EXCEPTING a strip of land 60 feet wide heretofore conveyed for right of way of Foster Bridge by'deed recorded in volume 1827 of deeds, page 247, records of said county; • •. • • EXCEPT portion thereof heretofore con- veyed to King County for road by deed recorded under Auditor's file No. 3032029, record, of said county. (f) That part of the Stephen Foster Donation Claim No. 38, Sec. 14, Township 23 North, Range 4U., W. @1. , described as follows: Beginning at the westerly line of the Seat- tle- Tacoma Interurban Railway right of way at a point which is 156.5 feet southeaster- ly measured along said right of way line from the southerly line of Foster Street; thence southeasterly along said right of way line 356 ft.; thence southwesterly at right angles 25 ft., more or less, to the easterly line of Pacific Highway; thence northwesterly along said highway line 356 ft., more or less, to a point which is southwest of beginning point; thence north- easterly 25 ft., more or less to a point of beginning; situated in King County, State of Washington. (g) That certain tract or parcel of land lying and being in Stephen Foster Donation Claim No. 38 beginning on the westerly line of the right of way of the Seattle- Tacoma Inter- urban Railway at a point of 512.5 feet southeasterly measured along said right of way from the southerly line of Foster Street; thence southeasterly along said right'of way 99 feet; thence southwesterly along said right of way 25 feet to the easterly line of the Pacific Highway; thence northwesterly along said easterly line of said Pacific Highway 99 feet to a point southwesterly of the point of beginning; thence northeasterly 25 feet to the point of beginning; the said tract being tax lot 22 in said Donation Claim, subject to ease- ments, reservations, restrictions and assess- ments of record." , and and AGREEMENT OF SALE THIS AGREEMENT is made this day of March, 1978, by and between the CITY OF TUKWILA, WASHINGTON, a municipal corporation of the State of Washington (referred to as "Buyer ") and WILLIAM A. ALIMENT and BENJAMIN J. ALIMENT (referred to as "Sellers "); W I T N E S S E T H: WHEREAS, WILLIAM A. ALIMENT and BENJAMIN J. ALIMENT are brothers who own, as their separate property, real and per- sonal property within the City of Tukwila and are operating a golf course, pro shop and restaurant on and with said property under the name and style of "Foster Golf Links "; WHEREAS,,Buyer desires to purchase under the threat of the exercise of eminent domain the Foster Golf Links' real ,property and personal property now owned by Sellers upon the terms and conditions set forth in this Agreement; WHEREAS, CAROL ALIMENT and LOUISE ALIMENT consent to the sale of their respective spouses' interest in said property; and WHEREAS, this Agreement of Sale was negotiated under threat of the exercise of eminent domain pursuant to City of Tukwila City Council Motion of January 16, 1978; NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other good and valuable considera- tion, the parties hereby agree as follows: 1. Property to be Acquired. Subject to the terms and conditions hereinafter set forth, Sellers will sell, assign, transfer and deliver to Buyer and Buyer will purchase from Sellers at the time of the Closing hereinafter provided, all of the property, real, personal and mixed, tangible as well as intangible, constituting Sellers' public golf course, clubhouse including a pro shop, and restaurant owned and operated by Sellers under the name and style of "Foster Golf Links ", including without limitation, all of the following property, which together is sometimes called the "Foster Golf Links Property ": A. Real Property. The real property, together with all structures and improvements thereon, the water rights and private rights -of -way and other interests in land as set forth in Exhibit A attached hereto (all being referred to herein as the "Real Property "); and B. Personal Property. All mowers, sprinklers, pipes, tractors, ground maintenance equipment, hose, tanks, chains, tables, televisions, ice machines, restaurant equip- ment, safes, rental golf clubs, rental golf bags, rental golf 'carts, pumps, machinery, equipment, small tools, office equipment, furniture, maps, surveys, licenses', permits, water allocations, water diversion rights, and related documents and all other personal and mixed property used or held for use by Sellers in operation of the Foster Golf Links Property (all being herein referred to together as the "Personal Property ") and as described in Exhibit B attached hereto. The inventory and supplies shall' be sold to Buyer pursuant to Paragraph 2C hereof. 2. Purchase Price. A. Price. As consideration for the sale, assign- ment, transfer and delivery of the Foster Golf Links Property 2 3 by Sellers to Buyer, Buyer shall pay to Sellers the purchase price of TWO MILLION, ONE HUNDRED THOUSAND DOLLARS ($2,100,000) for the Foster Golf Links Property. B. Allocation of Price. The purchase price for the assets described in subparagraph A shall be allocated in accordance with the schedule attached hereto as Exhibit C. C. Inventory. Buyer will purchase Sellers' usable inventory and supplies allocated to the restaurant, at the price shown on Exhibit C. 3. Representations and Warranties of Sellers. Sellers represent and warrant as follows: A. Sellers are the legal owners of the Foster Golf Links Property. B. Except as set forth in this Agreement, there is no pending litigation or proceeding, formal or informal, to which Sellers are parties or of which Sellers have knowl- edge, before any court, regulatory agency or other authority with respect to: (1) The Foster Golf Links Property; (2) Sellers' right to operate the Foster Golf Links or the manner of such operation; or (3) Sellers' right to make this Agreement. To the best of Sellers' knowledge, no such litigation or pro- ceeding is threatened or contemplated. C. Sellers and their predecessors in interest to the ownership of the subject property have filed all tax returns which they are required by law to file, and have paid all taxes which have become due pursuant to such returns or any assessment received by them, and Sellers have not received any notice of a proposed assessment of a tax which, if assessed, would have a material adverse effect on their financial condition. All liability for all federal, state and local taxes (including any current real estate taxes) accruing or assessed against Sellers prior to the Closing Date shall remain the liability of Sellers, and Buyer shall have no responsibility therefor. Real and personal property taxes payable for the year 1978 shall be prorated as of the Closing Date and both parties shall pay their pro rata share of said taxes when due. D. All electrical, water, sewer, garbage and other current utility charges shall be prorated as of the Closing Date. E. Sellers will continue to maintain their cur- rent comprehensive property and personal injury insurance coverage up to and including the Closing Date. F. Sellers have good and marketable title to all of the properties and assets owned by them and being sold hereunder free and clear of all known mortgages, liens, pledges, charges or encumbrances of any nature whatsoever, except as set forth in paragraph 5(G). G. All currently -used property and assets of ' Sellers' Foster Golf Links Property are substantially in good operating condition and repair subject only to ordinary wear and tear. 4. Operation of Foster Golf Links Property. Pending the closing of this transaction, Sellers shall: A. Operate the Foster Golf Links Property in the usual, prudent course of business; and B. Not enter into by or on behalf of Sellers any contract or commitment relating to the Foster Golf Links Property, except normal and usual commitments, such as for the purchase of materials and supplies, without the prior written approval of Buyer. 4 5. Conditions to Buyer's Obligations. This Agreement and the obligation of Buyer to complete the purchase hereunder are subject to fulfillment of the following conditions on or before the Closing (together with those conditions set forth in other parts of this Agreement): A. Sellers provide satisfactory proof of the existence and perfection of water rights and water rights claims for a minimum of 300 gallons per minute in compliance with the laws of the State of Washington. B. Between the date hereof and the Closing, there shall have been no material and adverse change in the condition of the Foster Golf Links Property. C. Sellers shall have taken all steps and action necessary to comply with the applicable bulk transfer stat- utes, if any, and shall have presented to Buyer appropriate evidence thereof. In particular, but without limiting the foregoing obligation, Buyer requires that the Sellers furnish a list of their existing creditors prepared in accordance with RCW 62A.6 -104. D. Buyer shall have received a preliminary title report from a reputable title insurance company covering the Foster Golf Links Property at least 30 days before the Closing Date; and Buyer shall receive at the Closing Date a supplemen- tal binder for the title insurance policy on such real property from such company, insuring at its regular rates the real prop- erty property to be conveyed under this Agreement. Sellers shall provide Buyer with the final title insurance policy within a reasonable amount of time after Closing Date. The real property shall be insured in an amount equal to the values shown in the allocation of purchase price as described in paragraph 2 above. The cost of such preliminary report and title insurance policy shall be paid by Sellers at or before Closing. 5 E. The voters of the City of Tukwila shall have approved the authorization of bonds in an amount sufficient for Buyer to purchase the Foster Golf Links Property; and Buyer shall have sold such bonds at public sale and delivered such bonds and received the proceeds of sale thereof. Buyer's obligations hereunder are expressly subject to and conditioned upon the issuance and sale of such bonds. F. Buyer shall have received a satisfactory opinion of counsel for the Sellers dated the date of Closing with respect to the matters referred to in paragraphs 3A, 3B, and 3C as of the Closing Date, and to the effect that counsel has no knowledge of any fact which would cause the representations and warranties in this Agreement not to be true or the conditions of Closing herein not to have been performed as of the Closing Date. G. Sellers shall have delivered to Buyer such deeds, easements, assignments, bills of sale, documents, instruments, information certifications and further assur- ances as counsel for Buyer may reasonably require as neces- sary or desirable for transferring, assigning and conveying hereunder to Buyer the Foster Golf Links Property, and otherwise effecting performance of this Agreement by Sellers. The Deed for the Real Property shall be a statutory warranty deed. The Foster Golf Links Property shall be conveyed to Buyer free and clear of all liens, encumbrances, and liabili- ties, except those specifically set forth in Exhibit D, attached hereto. 6. Condition to Sellers' Obligations. This Agreement and the obligation of Sellers to complete the sale hereunder are subject to the fulfillment of the following condition 7 on or before Closing Date in addition to those conditions expressed elsewhere in this Agreement: Sellers shall have received a satisfactory opinion of counsel for Buyer dated the date, of Closing to the effect that Buyer has all necessary authority to enter into and perform this Agreement of Sale in accordance with its terms and that execution and performance thereof by Buyer has been duly authorized in accordance with applicable law. 7. Risk of Loss. Seller, assumes all risks of destruc- tion, losses or damage to the Foster Golf Links Property due to fire or other casualty up to the Closing. In the event any Foster Golf Links Property is destroyed or damaged prior to Closing, Sellers shall assign to Buyer the proceeds of any and all policies of insurance on said property. 8. Indemnification by Buyer. Buyer shall assume, indemnify and hold harmless Sellers against any and all claims or liabilities arising from the ownership and opera- tion of the Foster Golf Links Property and attributable to the period after the Closing or based upon any contract or liability specifically assumed by Buyer as herein provided for. 9. Indemnification by Sellers. Sellers shall indem- nify and hold harmless Buyer against any and all claims, suits, damages, loss, expenses or liabilities arising from: A. The ownership or operation of the Foster Golf Links Property, and attributable to the period prior to the Closing Date; and B. All local, state and federal taxes now due or hereafter becoming due arising from or in connection with the sale and conveyance of the Foster Golf Links Property hereunder; and C. Any breach of the warranties, representations, agreements and conditions to be performed by Sellers, all as set forth in this Agreement or any document delivered by Sellers hereunder. 10. Closing. Time is of the essence, and the Closing, or Closing Date, as referred to in this Agreement, shall take place at the office of attorneys for Buyer, LeSOURD, PATTEN, FLEMING, HARTUNG & EMORY, at 4:00 p.m., local time, on May 1, 1978, unless a prior or subsequent date and time or another place is agreed upon in writing by both Buyer and Sellers. The Closing Date, as referred to in this Agreement, shall be the date of the Closing. In the event this sale and purchase does not close on the Closing Date, due to the failure of Buyer to perform all of its obligations here- under, the Sellers shall be entitled to interest on the purchase price of 8 percent per annum until this sale closes. Upon the happening or performance of all terms, condi- tions, provisions, agreements and covenants set forth in this Agreement and delivery to Buyer of all documents and instruments required by this Agreement, Buyer shall deliver to Sellers at the Closing: A. A certified copy of the Resolution of the City Council of the City of Tukwila consenting to accept title to the Foster Golf Links Property. B. A certified or bank cashier's check in the full amount of the purchase price, made payable to LeSourd, Patten, Fleming, Hartung & Emory Trust Account. The attor- neys for Buyer are hereby instructed to act as escrow agents for Buyer and Sellers in this transaction, and to make such prorations and disbursements as are required to be made pursuant to this Agreement. 8 11. Survival of Agreements, Representations and Warranties. All agreements, representations and warranties contained in this Agreement will survive completion of the Closing hereunder for a period of six (6) years thereafter. 12. Additional Documents. Subsequent to the Closing, Sellers will execute and deliver such additional documents as Buyer may reasonably request to perfect Buyer's title to the Foster Golf Links Property or carry out the intention of this Agreement. 13. Notices. Any notice to be given either party here- under shall be given in writing and shall be sufficient if sent by certified mail, return receipt requested, or by telegram confirmed by certified mail: A. If to Buyer: B. If to Sellers: Mayor City of Tukwila Tukwila City Hall 14475 59th Avenue South Tukwila, WA 98067 14. Contents of Agreement and Governing Law. This Agreement sets forth the entire understanding of the parties, shall be governed by the laws of the State of Washington, shall not be assigned by either party hereto. 15. Binding Authority. This Agreement shall be bind- ing on the parties and their heirs, successors and assigns. 16. Section Headings. All section headings are in- serted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 9 17. Duplicate Originals. This Agreement shall be executed in duplicate, each of which is an original. Each duplicate so executed shall be deemed to be one and the same instrument. 18. Entire Agreement. This instrument embodies the entire agreement among the parties hereto with respect to the transactions contemplated herein and there have been and are no agreements, representations or warranties between the parties other than those set forth or provided for herein. Agreement to be executed as of the date above stated. CITY OF TUKWILA, WASHINGTON By IN WITNESS WHEREOF, the parties hereto have caused this EDGAR D. BAUCH, MAYOR WILLIAM A. ALIMENT ATTEST: MAXINE ANDERSON, CLERK BUYER BENJAMIN J. ALIMENT . We hereby acknowledge the terms of this Agreement and hereby consent to sale by our respective spouses of their separate property as described herein. DATE CAROL ALIMENT DATE LOUISE ALIMENT 10 SELLERS P!►1'.C1:L "A ": 43 Lots 35 to 42 inclusive rind that portion of Lots 34 and 44 ]yinn Southwesterly of the portion thereof conveyed to the Northern Factfic Railway Company, a Wisconsin corporation, by JAMES F. 1IcFLROY and C. H. FARRELL by deed dated September 3, 1912, recorded January 3, 1913, in Volume 830 of deeds, page 305, under Auditoria file t'o. 843752, records of raid county; nl1 of said property t•eing in Junction Addition to City of Senttle, according to plat recorded in Volume 12 of Pints,, pare 75, • records of said county; TOGETt :rR W'ITit vacated ennnrcd street 30 feet in width lying, South of avid tracts 34 to 38 inclusive and forth of said tracts 39 to 44 inclusive; pm:cr1, "11 "; All that portion of the Stephan Foster Donation Clain in Section 14, Treer.ship ) 13 North, Renee 4 fast,W.M., lying East of the PIJGET SOUND ELECTRIC RAILWAY right of way and South of the Northerly margin of Foster Street produced Easterly, EXCEPT a parcel of land more particularly described as follows: lreFirni.ng at the intersection of the Easterly line of the PIJCET £Cl'1)1) FLECTRIC RAILWAY right of way and the northerly margin of Foster Street, produced £arts :rly; thence South 49 ° 24' East along the Easterly line of said right of way, a distance of 193.19 feet; thence elnng the Easterly line of said right of way on a curve to the right having a radius of 5,834.65 feet a distance of 231.67 feet; thence North 42 ° 52'30" East a distance of 52.07 feet; thence North 1R ° 17'55" West a distance of 113.58 feet; thence North 26 ° 25'45" West a distance of 42.30 feet; thence Nert h 41°12'20" Wert n distance. of P2.65 feet; thence forth f 3`5S'40" Went n distance of 57.56 feet; thence North 75 °02'50" West a distance of 159.13 feat to the northerly war`ln of Foster Street produced Ene.terly; thence South 49 ° 11'08" West along said Northerly rinritin a distance of 51.59 feet to the point of beginning; PARCEL "C "; ?23 All tt.r•t pnrtion of tic rtc'; Fncefer 1`nration Claim Mo. 38. Township •23 ''orth, anee 4 Flirt, t'. ►'e.r.cribed as'follnws: 3eri nning at intersection of Feoterly line of PeCr.T SOUND FLFCTPIC RAT1i' Y right of way and tortherly margin of Foster Street produced Easterly; thence 'South 49° ^4' Fast along Easterly line of paid right of way n dir,tence of lgl.19 feet; thence along Eer:teer.ly lint of said right of way on a curve to the right having a radius of 5,834.65 feet a distance of 231.67 feet; thence North 42 °52'30" Fast a distance of 52.07 feet; thence North 18 West a distance of 113.58 feet.; thence North 7..6 Vest a distance of 42.30 feet; thence ?Sortie 41 °12'20" Went a distance of 82.65 feet; thence fortl' 63 ° 5P'40" West a distance of 57.56 feet; theor ' North 75 ° 02'50" West re distance of 159.13 feet to the Northerly rrarrIn of Foster Street produced Eaatnrly; tl rcu South 4n °11'OR" Vest along said Northerly margin a distance of fert to the point of beginning, rtCE_k'T portion thereof heretofore conveyed to King County for road by deed recorded under Auditor's file No. 2989197, records of said county. Page 1 of 1 EXHIBIT A tAij story numbe ; ' item descripyion serial number, identifying marks general comments on item A - 1 . Pipe threader 400 A Ridgid • . . • . A = [ Power Spikaire. Ryan Spikaire • A - 3 Broken power mowers • • : There are of these. , . A - 4 Misc. sprinkler & plumbing parts • • . - . A - 5 Air Compressor -. Derilbiss (Model 342) 132675 . . • . A - 6 . Misc. rakes, shovels, early bird rakes, brooms, hoses . , ' • A - 7 Fairway mower. Jabcobson F -10 (1) - 8 . Turf vacuum ' Turf Vac • • • A. - 9 Sod cutter , ' • Ryan 50-d • no. �- 1 : cy .verified: ty • KS D1f course: BA verified : 2/2178 INVENTORY OF MA I NTAI NA NCE EQUI Pi ►ANT FOSTER GOLF COURSE ' ' fo•ntory number f gneci item descripyi�on serial number, identifying marks general comments on item A - 10 i Tractor • 1953 Toro tractor with._ dump �.L 11 Tractor Ford - 2000 LCG . . A - 12 Oil Storage Tank . Chevron •.• _ . A - 13 Tru Trimmer - Kwik cut Model El Ser. 710 . = A- 14 Airator Ryan Greensaire . Fertilizer Spreader • Scotts - - . d Wind Machine Briggs & Stratton 2 hp ' Greens mower power Jabcobson. • • old • . Hand Mower Great States ,1i0. n- L :uracy verified: I city: KS � ;olf course : BA 2/2/78 verified: • INVENTORY OF A I NTA I Nk NCE EQUIP NT FOSTER GOLF COURSE • • an o ►r, tr . 0 .ventory number j;signed , item descripyion serial number, identifying marks general comments on item • A - 19 Thatcher contour turf tool Henderson . power • 'A - 20 - Scooter (maintenance) Jacobsen Cruiser II engine broken A - 21 Power (gas) cutter t Weedy.. blade hand cutter ' • A - 22 Mower & tractor Yazoo Master Mower • A - 23 Misc• used repair parts for tractor & mowers • A - 24 Miscellaneous mole traps • A - 25 Setter Par Aide Products . • puts cup in green s _A - 26 ' 3" IDS '125 •• Plastic Pipe - - 16 - 10' lengths A - 27 Misc. hose 3/4" for use on golf course . u • _cu racy verified: if city: _ES golf course: RA :te verified: 2/2178 I NVE NI' ORY OF MA I NTA I NJ NCE EQU I P I ICT FOSTER GOLF COURSE - went ory numbe aligned item descripyi.on serial number, identifying marks general comments on item • A - 28 Prunner Snap - cut .. # 16" handles i A - 29 - 7 - gang fairway mower tractor drawn - , - - - . A - 30 Misc, plastic pipe • . . . • • • A - 31 Tractor, side arm loader Ford 2000 LCG with misc. parts A - 32 l Battery tester milton 6 & 12 volt . A - 33 Battery Charger electromite 10 amp A - 34 Sump pump (1) { - A 35 Greens'mower. Jacobson Greens King model 62 • - • - _ A - 36 irrigation pumps * 17 hspr (1) 15 hspr i old there are 2 of these • • ll `F '..cu1 -acy verified: 'r c i ty : KS :1. golf course : BA ate verified: 2/2/78 INVENTORY OF MAINTAINANCE EQUIPMENT FOSTER GOLF COURSE entory number ;signed item descripyLon serial number, identifying marks • general comments on item A - 37 Grinder Hisey Model 4' . '. 3/4 hspr '• - 38 Parts washer Electric A - 39 Chain Saw Stih1.030 AV . A - 40 Misc. wrenches, screwdriver socket set, clamps, etc.' tool boxes . A - 41 5' rotary mower is attached and drawn by .other unit . 100 gallon spray tank on trailor Used to. spray for insects - . M d' Q grading blade Attaches to tractor 500 gallon as tank A, pump All golf flags . „e.no. cui'acy verified: city: golf course: verified BA 2/2/78 _INVENTORY OF 11AINTAINANCE EQUIPMENT FOSTER GOLF COURSE ntory number fined item descripyi.on serial number, identifying marks general comments on item A - 46 Fairway Spiker Tractor drawn - . . . . - • 7.U., 6 _ racy verified : 'ity: _ KS elf course: BA verified: 2/2/78 INVENTORY OF 14AlN?'AINANCE EQUIPiZNT FOSTER GOLF COURSE inventory number assigned item descripyion serial number, identifying marks general comments on item V B - 1 Vinyl covered chairs • 56 chairs ..,1 `„�r� B - 2 tables for 4 .160 ` 4' fables G} ` i i B - 3 • tables for 6 ' • r ` 1L.• • li Y j�j� 6 tables B - 4 • push carts 1 3 of them =,- ,'; B - 5 bus pans • -- plastic and stainless steel 3 - stainless ,� -;, 8 - plastic B - 6 salt shakers, napkin holders pepper shakers sugar holders - At least 16 of each I 4- ` s6 • .,,,) fr.r .� � J 2 a • B - 7 19" color TV Zenith • B - 8 Two door ice macine �;0 a - • ` B - 9 • r Childrens booster chair • . . There are 2 of these •accuracy ver.ficd: by city: KS by golf course: RA ate verified: 2/2178 INVE NT ORY OF EQUIPMENT IN RES TAURANT FOSTER GOLF COURSE inventory number assigned item descripyion • serial number, identifying marks general comments on item B - 10 'ie-ef,tif . Ate-maticii.._ Whirl pool • - T5iDo (1) only . B - 11 -__ All silverware, cup, plates, ashtrays, etc. teapots , • - - . B.- 12 Coffe pots and metal tops 4, A,AGli • — t 6 of these "1 WA . B - 13 soupwarmer machine Wells 015 1 only . • B - 14 - , Toasters 4 slice models Vi 'it'll. 661 2 these B - 15 . . . fire extinguisher Metal, upright ordinary combustibles d 20 pounder (1) u r ' - 16 . Fire extinguisher 5 pounder (4) , , 4 c I B - 17 _ Globe slicing machine .. . 1 onlyW'g . B - 18 Hobort Dishwasher . 1 only Ciqcct . ..tccuracy veririod: by city: K by golf coursc:___BA___ date verified: 2/2/23_ INVENTORY OF EQUIPMENT IN RESTAURANT FOSTER GOLF COURSE accuracy vcrffled: by city: KS by golf course: BA date verified: 2/2/78 inventory number assigned B - 19 B - 20 B, 21 B - 22 B -23 8 -24 B - 25 B-26 B -27 • item descripyi.on Steel tables in kitchen Formica table in kitchen (1) J.C. Penny fans 12" (1) Gallaxy model 12' • Portable ovens Misc, pots and pans (Stainless) Kelvin'ator Freezer 5 door upright refrigerator Dishwater trays INVENTORY OF EQUIPMENT IN RESTAURANT FOSTER GOLF .COURSE serial number, identifying marks 3' x 6' + 3' x 7' Upright Model 785 1 - King Size 1 - Sears 4 door freezer chest Coolerator Fricidaire general comments on item q1 tea 2 of these 2 of these ' 4,4-o 2 of thes l 1 only AN x(50 eft o 1 only 1 onl \)b v1 �u Iv; 4,0" w y z;r_l 4 of these inventory number assigned item descripyon serial number, identifying marks general comments on item B - 28 Air conditioner (window mounted) Wesco $ vYO t 00 ' p. ; r 'n kitchen window al p" Z 1 0 � 0--- 4 l B - 29 Household scale Hatillon . X 43-5 -1-only • B - 31 Commercial stove Wolf Senior 1 double siz` r e \ B - 32 Upright beer cooler (3) door 9 ) BARR 1 only Iff° " 4" B - 33 Coke dispenser 4 spicket - •v lGu0 5U !-- B - 34 3 door freezer Frigedaire 1 only o U) B - 35 counters " V,ecc11�CA — .. - all counters fa a • B - 36 cash register NCR / 1 only` I s r:r - ,r„`. 60 recILSW •rw.. 1:17(M.'e.•) • accuracy verified: by golf city: course: rg date verified: ?_/7/7$ T :NE hT ORY OF EQUIPMENT I N kESTAURANT FOSTER GOLF COURSE inventory number assigned item descripyi•on • serial number, identifying marks general comments on item B - 37 Soda fountain stainless top P , sink cooler, freeer, o� i I E • • .. j • . . • • ' • a - •accu'racy verified: by city: gol. course: date verified: INVENTORY OF EQUIPMENT IN RESTAURANT FOSTER GOLF COURSE :entory number signed item descripyion serial number, identifying marks general comments on item • C - 1 8' formica top - 2' x 8' • There are 4 of these C - 2 4 x 4' formica top counters pigeon holes in them_ 2 of these C - 3 •. Walnut hang -up type counters _ 2 of these + C - 4 Walnut Bin 'fit + 2''x 2' for holding golf clubs 1 only . C - 5 shoe counter • 1 only } C - 6 commercial vaccuum & accessories wtl'\ rA)( Poyle va -it , e, S<b -e. . 5 r.(1 3;:)-A1) 2 one broken, one working i ! C - 7 \,...., Misc. floor standing ash trays C - 8 Concrete safe Gary Safe Co. 1 only . C" 9 Cash register • National (in pro shop) , (J/\ b) U � \ j35' v ` ` R 6 L C a I'i V r _i .7.u ri Pie : city: KS Soil' course: BA ,e verified: 2/2/78 INVE ORY OF OTHER .PERSONAL PROPERTY NOT RELATED TO ir1AINTAINANCE OR THE RESTAUitA1 FOSTER GOLF COURSE inventory number assigned item descripyion serial number, identifying marks general comments on item 11 birch 3 shelve storage shelf storage shelves in office 3 of these C - 12 Desk wood • 1 of these C - 13 upright 4 drawer file cabinet = - . I C '' 16 Foot heater Arvin 1 only rte _; <. u3' VG --) ' C - 17 wood arm chair it . C - 18 all miscellaneous hardware in pro shop not including any goods t , . \t' ` 11 t - o ,;, pczc no. C - 2 accuracy - verified: by city: KS cy golf course.: RA - ;ate verified: 278 INVENTORY OF OTHER PERSONAL PROPERTY NOT RELATED TO MAINTAIN NCE OR THE RESTAURANT FOSTER GOLF COURSE _ ventory number izsigned item descripyiion serial number, identifying marks general comments on item • C - 19 public address system • 3 M • • May be leased 4i l • • C - 22 • small fire extinguisher General, Dry chemical 3 o these C - 23 wood upright lockers 32 of these } C - 24 wood bench ± 2' x 10' • 2 of these • C - 25 misc. garbage can (metal) All of them C - 2 2 ' round metal tables • 3 - of these ` - C - 27 7' stepladder 1 onl ,_ j� k� y v aP ,; \$ . N '` , J) ` �_ J V_ 3 .ccuracy verified: )y city ,y golf course: BA :ate verified: 2/2/78 INVL• P OF OTHER. PERSONAL PROPERTY NOT RELATED TO MAIrTAINANCE OR THE RESTAURANT FOSTER GOLF COURSE 0 0 " :eve ntory number i item descripyi.on s serial number, g - — —, . i C C - 28 W Water fire extinguisher P Pyrene n not operable • • C - 29 4 4 shelf upright shelves - + - -- C - 30 W Work bench ± ± 3' x 6' :: t V . C - 31 F Floor buffer U Unico 1 ekk kcik) nc->suPf' All items in large room upstairs belong to men's club. I � • U f U U F c c • r • ,curacy . verified: � city: y golf course: BA 2/2/78 ate verified: INVENTORY OF OTHER . PER,SONAL PROPERTY • . NOT iEIJTED TO MAINTAINANCE OR THE RESTAURANT FOSTER GOLF COURSE 0 C Real Property ALLOCATION OF PURCHASE PRICE FOSTER GOLF LINKS Personal Property $ 2,100,000.00 EXCEPTIONS: 1. Easement for rip —rap bank protection along the Right and Left bank of the Green River; TOGETHER WITH any reasonable access,neceaaary for river improvement work, ae granted by instrument recorded on November .15, 1961, in the office of the recording officer of King County, Washington, under recording number 5353686; To: King County Washington. 2. Easement affecting a portion of Enid premises and for the purposes hereinafter stated, as granted by instrument recorded on July 16, 1964, in the office of the recording officer of King County, Washington, under recording number 5762183, In favor of: CITY OF TUKWILA, a municipal corporation For: Water line Affects: Southwesterly portion of said promises adjacent to State Highway No. 5.M. 3. Covenants, conditions and restrictions contained in instrument Dated: September 12, 1930 Recorded: September 12, 1930, in the Department of Records and Elections of King County, Washington, under King County Recording No.: 2628181 Executed by: UILI.ORY A. FOSTER The same are as follows: Pxce•.ptins• from said warrant and r•a>•ing a part of the contract that the nnid grantee his heirs and AF,nicnn does hereby covenant and agree with the said grantor his heirs and successors as follows: There is at the present tire n netalic memorial tasblet or plague attached•to :a large maple tree now on the prenimen hereinbefore described which tablet or plaque reads substantially as follows: "I1: MEMORIAM" Joseph Foster carne to the Southwest from Sheboygen, Wisconsin, arriving Vancouver, Washington by or team, July 1, 1852; arriving Alki Point and .Seattle by boat, April 4. 1853, locating here Fay 1, 1853, Government Scout and Packer. in Indian war of 1855 and 1656, Member Territorial Legislature 11 sessions, January 11, 1865 married Miss Martha J. Steele; planted this tree July 4, 1873; lived here until hie death January 16, 1911. Page 1 of 2 EXHIBIT D