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HomeMy WebLinkAboutPermit 85-32-SS - KAISER GATEWAY DEVELOPMENT - SHORT PLAT85-32-ss south 133rd street interurban avenue south KAISER GATEWAY DEVELOPMENT SHORT PLAT City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433 -1800 Gary L. VanDusen, Mayor S H O R T . S U B D I V I S I O N C O M M I T T E E Minutes of the Short Subdivision meeting of September 17, 1986. Chairman Beeler called the meeting to order at 2:08 p.m. Other committee members present were Byron Sneva and Hubert Crawley. Representing staff were Vernon Umetsu and Becky Kent, Planning Department. 85- 32 -SS: Gateway Corporate Center Short Plat Mr. Umetsu summarized the Staff Report. Paul Konrady, Wilsey & Ham, discussed the proposed subdivision and stated his objection to providing an additional roadway easement as proposed as Condition 2 of the Staff Report. He indicated that they would like a vari- ance from the standard street naming requirements of the City. Jerry Kirkpatrick, Kaiser Development Company, indicated that the trail easement and proposed roadway /bridge was addressed in the developers agree- ment currently being discussed at the Council level. Mr. Beeler stated that the City utilizes the grid system for addressing and perhaps the street name issue could be delayed for consideration at the time the street is dedicated. Mr. Sneva indicated that the consumation of the City Light easement resolu- tion of limited access would need to be completed. CHIEF CRAWLEY MOVED TO ELIMINATE THE REQUIREMENT FOR 60' WIDE ROADWAY EASEMENT ALONG THE SOUTHEASTERLY PROPERTY BOUNDARY LINE OF PROPOSED LOT 4. MR. SNEVA SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. Mr. Sneva said that on Lot 4 in the Short Subdivision filing a notation should be made referencing that the shoreline and street easements are included in the developers agreement. MR. SNEVA MOVED THAT CONDITION 2 BE DELETED FROM THE CONDITIONS OF THE SHORT PLAT AND IN LIEU OF THAT IT BE NOTED ON THE FACE OF THE PLAT THAT THE DEVELOPERS AGREEMENT BETWEEN KAISER DEVELOPMENT COMPANY AND THE CITY OF TUKWILA BE SHOWN ON THE PLAT. CHIEF CRAWLEY SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. MR. SNEVA MOVED THAT ACCESS EASEMENTS FOR STREET PURPOSES ACROSS THE CITY LIGHT PROPERTY BE OBTAINED CONCURRENT WITH THE SHORT PLAT. CHIEF CRAWLEY SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. a w ... K•�vi..y�.inla{1 xi�i " ._w, f.a.�,dS #4w ;.47i.ya F[rJ?exFx.xrme; r.«nva. , .. ...� ,. ...... .. .. .!a .�.,.._......._�_... __._...r. . ,....., . SHORT SUBDIVISION ( Meeting Minutes L) September 17, 1986 Page 2 Mr. Beeler recommended that the legal description and additional easements be shown on the plat. MR. SNEVA MOVED TO AMEND THE SECOND MOTION TO INCLUDE THE FACE OF THE PLAT SHOW THE DEVELOPERS AGREEMENT ENTERED INTO BETWEEN KAISER DEVELOPMENT COM- PANY AND THE CITY OF TUKWILA FOR THE DEVELOPMENT OF THIS ENTIRE SITE. CHIEF CRAWLEY SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. Mr. Sneva clarified that the legal descriptions must be brought forward for approval. He indicated that the common use easement should also be in- cluded. MR. SNEVA MOVED THAT THE SHORT SUBDIVISION FOR GATEWAY CORPORATE CENTER BE APPROVED SUBJECT TO THE PREVIOUS. MOTIONS AND SUBMISSION OF LEGAL DES- CRIPTION AND EASEMENTS. CHIEF CRAWLEY SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. The meeting was adjourned. Respectfully submitted, Secretary CITY OF TUKWILA WASHINGTON 0042.150.023 JEH /ko RESOLUTION NO. / / 7 09/16/86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TU WASHINGTON, INDICATING THE INTENT OF THE CITY COUN ACCEPT GATEWAY DRIVE AS A PUBLIC STREET WHEN THE S COMPLETED TO CITY STANDARDS AND DEDICATED TO THE C WHEREAS, pursuant to Resolution No. 969 of t e City of Tukwila, the City entered into an agreement with Kai er Gateway Associates which requires, in return for developmen• approval, that Kaiser Gateway Associates construct certain streets and utilities for dedication and acceptance by the City, an WHEREAS, one of the streets to be constructed s commonly known as Gateway Drive and is intended to be connected to Interurban Avenue, access to which has been limited by the State, and WHEREAS, the Washington State Department of Transportation has advised the City Public Works Department that in order to allow Gateway Drive to be connected to Interurban Ave ue as part of the construction by Kaiser Gateway Associates, a r. solution of the City Council is necessary indicating the Council'- intent to accept Gateway Drive as a public street once it is co structed to City standards and dedicated to the City, now, therefo e, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHIN TON, HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Tu iwila hereby expresses its intent to accept the dedication of Gateway Drive as a public street belonging to the City of Tukwila upo completion of the street to City standards. PASSED BY THE CITY COUNCIL OF THE CITY 0 TUKWILA, WASHINGTON, this Lot day of , 198s ATTEST /AUTHENTICATED: IT CLERK, MAXINE ANDERSON APPROVED AS TO FORM: OFFICE OF THE ITY ATTORNEY B J ' 1 � FILED WITH THE CITY C PASSED BY THE CITY COtiN IL: RESOLUTION NO. /v /7 APPROVED: WILA, IL TO E IS TY. t DUFF `"COUNCIL P ESIDENT 1908 October 30, 1985 City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 433 -1800 Gary L VanDusan. Mayor Gerry Kirkpatrick Kaiser Development Company 300 Lakeside Drive Oakland, CA 94643 RE: Kaiser Development at SR -181 and South 133rd Street and City Trail Easement Dear Mr. Kirkpatrick: Per our phone conversation of October 21, I am forwarding to you an agreement which will provide a river front trail easement through Kaiser's property to the City. Please review the attached "Agreement to Dedicate Easement" and contact me if you have any questions. I hope you will be able to return the two copies signed as quickly as possible. I sincerely appreciate your interest and help in this matter. Concerning your question as to what is allowed or not allowed in the River Environment (the 40 -foot river management zone), I'have attached a copy of the particular section from the City Zoning Code. Reviewing it you will note parking, buildings and access roads are not allowed in this zone, however, trails and fire lanes are allowed. I believe you can see the advantages of using a trail that the City will build as a potential fire lane for your development. There are some additional advantages to having a river front trail. Aesthetically it is better than a rough gravel road King County may require, and many businesses in Tukwila use the trail as an attractive sales feature for their developments. Several businesses have even included showers and changing areas in their buildings. The City will pay for the construction of the trail, maintain it, and be responsible for any liability problems. We will also work with the land owner to insure the 8 - 10 foot asphalt trail fits into the overall design of the complex. We anticipate trail construction around 1988, however, this is somewhat flexible depending upon the developer's schedule. I would like to make it clear we have enjoyed working with you and the Kaiser staff and that we appreciate your verbal commitment to provide an easement, however, I feel it is time to legally commit to the signing of an easement agreement. In your project's Determination of Nonsignificance, as part of the S.E.P.A. review, mitigation measures are listed which must be followed. Mitigation Measure No. 5, one of the requirements, states: "Dedication of a public trail easement along the riverfront dike." This is a required action by the applicant and must be followed, otherwise a review of this determination must be done. It is the City's position the Developers Agreement does not provide the actual assignment of an easement. The attached agreement will satisfy this requirement. TO: Gerry Kirkpatrick, Kaiser Development Company FROM: City of Tukwila, Don Williams, Parks and Recreation Director DATE: October 30, 1985 SUBJ: Kaiser Development at SR -181 & S. 133rd St. & City Trail Easement PAGE: 2 Vernon Umetsu, Associate Planner, informs me the review of your short plat will be continued until the river trail easement agreement has been consumated. The point being, the Declaration of Nonsignificance includes all of the land identified in the proposed short plat and if any of the proposed lots were to be sold the City wants to insure that the river trail easement will be provided. Securing this easement before the land may be sold will insure the trail can be built. The river trail easement does not have to be shown on the short plat and will not be included. If you have any questions concerning this matter please contact Vernon at 433 -1858. Please understand that the river trail easement agreement that has been sent to you only insures future easement dedication. We do not anticipate we will want the owners to dedicate any easements for several years, however . we want to be able to do so if needed. Sincerely, Don Williams, Director Parks and Recreation Department DW:nb Enclosure City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 433-1800 Gary L VanDusen, Mayor TO: Short Subdivision Committee Members FROM: Moira Carr Bradshaw, Assistant Planner DATE: September 6, 1985 SUBJECT: Meeting of September 13, 1985 MEMORANDUM The Committee will meet next Friday, September 13, 1985 at 2:00 p.m. in City Hall Conference Room #3 to discuss the following application: 85- 32 -SS: Gateway Corporate Center Short Plat One (1) parcel of property, generally located at Interurban Avenue South and South 133rd Street is proposed for subdivision into four (4) lots. The original parcel is a 36.62 acre site being developed into a 500,000 square foot industrial park. Lots 1 and 3 will be developed in Phase I of the project. Tukwila Municipal Code Section 17.08.070 requires the Short Subdivision Committee find the following are provided: A. Adequate water supply B. Adequate method of sewage disposal C. Storm drainage improvements and storm sewers D. Fire hydrants E. Adequate access to all parcels. Streets, alley and sidewalk improvements may be required by the Short Subdivision Committee F. Provision for appropriate deed, dedication, and /or easements A ten (10) foot wide utility easement is shown running through the site providing sewer and water access to each of the proposed lots. The Public Works Department has determined that adequate utilities are available to serve the project. Fire hydrants to serve the development will be required to be installed and tested, per Tukwila Ordinance 729 prior to construction on the site. Memo to Short Subdivi;i Committee Members September 6, 1985 Page 2 Adequate access off Interurban Avenue South will be provided to all parcels via three (3) new streets: 45th Avenue South, 44th Avenue South and South 127th Street. These three, sixty -one (61) foot rights -of -way are shown as easements, but will be developed at city standards with curbs, gutters, and sidewalks and will eventually be dedicated to the City as public streets. Additional storm drainage is provided with two storm outfall easements running to the Duwamish River. Other easements required by the City, but not shown on the short plat, include a forty (40) foot public trail easement along the Duwamish River property line and a sixty (60) foot wide roadway easement along the southeasterly property line of proposed. Lot 4. The additional road ease- ment will allow for the future extension of 45th Avenue South. It is recommended that the Short Subdivision Committee approve the short plat, subject to the applicant providing: 1. The legal descriptions for the existing parcel and proposed lots and any additional easements not currently shown. 2. A revised short plat showing street names on the appropriate road- way easements, a forty foot public trail easement along the Duwamish, and an additional roadway easement along the southeasterly property line. 3. A site plan outlining the proposed lots and buildings to allow verification of setbacks. (SS.GTWY) ( #1) (SS.GTWY) ( #1) Memo to Short Subdiviion Committee Members September 6, 1985 Page 2 Adequate access off Interurban Avenue South will be provided to all parcels via three (3) new streets: 45th Avenue South, 44th Avenue South and South 127th Street. These three, sixty -one (61) foot rights -of -way are shown as easements, but will be developed at city standards with curbs, gutters, and sidewalks and will eventually be dedicated to the City as public streets. Additional storm drainage is provided with two storm outfall easements running to the Duwamish River. Other easements required by the City, but not shown on the short plat, include a forty (40) foot public trail easement along the Duwamish River property line and a sixty (60) foot wide roadway easement along the southeasterly property line of proposed Lot 4. The additional road ease- ment will allow for the future extension of 45th Avenue South. It is recommended that the Short Subdivision Committee approve the short plat, subject to the applicant providing: 1. The legal descriptions for the existing parcel and proposed lots and any additional easements not currently shown. oot public trail evi hort t showin str wa -aseme Duwamish, e appro ad- he 3. A site plan outlining the proposed lots and buildings to allow verification of setbacks. 1 )- / /eft- vet 61, PL5L-7 This space reserved for recorder's use Filed for record at the request of: Name City of Tukwila Return to: Planning Division Office of Community Development 6230 Southcenter Boulevard Tukwila, .Washington 98188 LEGAL DESCRIPTION See attached legal description TUKWILA, WASHINGTON. ASSESSOR • DEPUTY ASSESSOR APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this day of 19 Chairman, Short Subdivision Committe DEPARTMENT' OF ASSESSMENTS EXAMINED AND APPROVED TX IS Day of I9 1 of 9 1 1 • Date P ./ /97 / • • l S. .0 d l.,• 1,01 r.emt.• Certificate No. Short Plat •No. 1079 • •.na.21 - #9 C -1 ,/' .• • • i Land Surveyor's Certificate: r li ♦ 51 ( * I . — • • • ♦ S• sqd SHORT SUBDIVISION GATEWAY CORPORATE CENTER P ORTION OF SECTIONS 10 6 15. T.23N..R.4E.•W.M. U KING COUNTY WASHINGTON This short plat correctly represents a survey made by me or under my direction in conformance with the requirements of appropriate state statute and will be properly staked in .accordance with the Tukwila Subdivision Code. 11568 85 -32 -SS 9�2 E -I_i ( m gg R Mill - n aizil ' l i"t";)I 14. t4b0 I / p FO %% NI ; r // / t `t a 1 rte ��iJl.. • for W �'-�tf3Alli HSINPMnQ Direction: tl 1 M'ILSEt & HAii Iul.enas •Vwsuw •aant 11� • mV VmmssW •M1 • (mops doyen (semi .r • ✓ r,.. wewp. our Map on File in Vault Scale: 1' 300' Stamp s io t' ry 1st- 11 ��. to, l4444 L• r —4 Date 1 Certificate No. • • • • • Land Surveyor's Certificate: 11568 l'AdrAgA, IREP.EV in !e ~ 4 tm 114 -a 1303 ,/ $ •r f?`• L This short plat correctly represents a survey made by me or under my direction in conformance with the requirements of appropriate state statute and will be properly staked in accordance with the Tukwila Subdivision Code. Short Plat •No. 85 - - yo� w�..,e SHORT SUBDIVISION I ..�. S ` :17, nw GATEWAY CORPORATE CENTER °" "' 1 " 6" n "'1.• 1 c�o PORTION OF SECTIONS 10 6 15. T.23N.. R.4E.. N.M. ° ha \ "mir OHO -$5 �_� UKWILA KING COUNTY WASHINGTON • • • l"`�AIb NSIMr1IRp _... Direction: f VIISM HAM Map on File in Vault Scale: 1' 300' ,•s alW1ufuw •'maim • wu s.1.1. savirammaal ..uam • laria s dorm 4r.a w.r.. MVO HIM r►ww. 2 of 9 8-/Z--85" Date Land Surveyor's Certificate: This short plat correctly represents a survey made by me or under my direction in conformance with the requirements of appropriate state statute and will be properly staked in .accordance with the Tukwila Subdivision Code. Certificate No. 11568 �G SHORT SUBDIVISION II B/07/tl6 l,':: :: d nn `""''d `■` GATEWAY CORPORATE CENTER WI. b" " 1 Wk "' jp7S OF SECTIONS 10 6 15, T.23N.,R.4E..W.M. Jul NmlKt .% n 'tn4rr, r - r J POR1ION UKWILA KING COUNT WASHING Map on File in Vault Direction: Scale: 1" 300' Short Plat .No. Page of � t « Stamp WILSEY&HAM MMMMMWMWMIDelimdoMMiligallip inbiless 1/11' iiiiw�io Know all men by these presents that we, the undersigned, owner(s) in fee simple and contract purchaser(s) of the land -herein described do hereby make short subdivision thereof pursuant to RCN 58.17.060 and acknowledge that said short subdivision shall not be further divided in any manner within a period of five years, from date of record, without the filing of a final plat. The undersigned further declare this short plat to be the graphic representation of said short subdivision and that same is made with the free consent and in accordance with the desire of the owner(s). DECLARATION: In witness whereof we have set our hands and seals. v 1 0 \ • •v P Name ' Name Name Name CALIFORNIA STATE OF Wt&SIA cSt6Iti County of San Francisco On this day personally appeared before me ROBERT M. KAGAN to me known to be the individual described in and who executed the with- in and foregoing instrument, and acknowledged that he signed the same as a free and voluntary act and deed, for the uses and•pur poses therein mentioned. GIVEN under my hand and official seal this 29th day of September • 29 ,R6 • Aikri M. VALSON NOTARY FUtiLICrC.AUFOiINIA M4,N IPAL OFFICE IN CITY AND COUNTY OF SAN FRANCISCO lay Comm &woo ApAA i. ia118 CAt.Ii ofN /A STATE OF , County of ALAmCOA On this day personally appeared before me /. S. Aui to me known to be,the individual described in and who executed the with- in and foregoing instrument, and acknowledged that signed the same as A free and voluntary act and deed, for the uses and pur- poses therein mentioned. GIVEN under my hand and official seal this g•3''' day of 5cPrEN16tR , 19 $ . . A& NOTARY PU_LIC•CALIFJRNIA .) Notary Pu i c in and for the State of ' COUNTY OF ALAf�it:D�1 t'; residing at My tgmission t>;,.iros Jan. 8,138 '} STEPHANIE D. BROWN /LL'ZVn_ OFFICIAL SEAL seal . Short Plat Number 85 Name Name Notary Public ib and for the State of iAgi residing at CALIFORNIA San Francisco Nl OAK L Aaa Page 3 of 9 LEGAL DESCRIPTION • PARCEL A: That portion of C. C. Lewis Donation Land Claim No. 37 in Sections 10 and 15, Township 23 North, Range 4 East W.M., in King County, Washington, described as follows: Commencing at a point which bears North 81'44'15" East 199.17 feet from a hub at the end of a curve on the centerline of the Duwamish Renton Junction Road, said hub being approximately 1,200 feet North and 440 feet West of the quarter corner between Sections 14 and 15, Township 23 North, Range 4 East W.M., in King County, Washington; thence South 40'36'00" West 20 feet to the right -of -way of Puget Sound Electric Railway; thence North 49'24'00" West along said right -of -way 326.21 feet to the point of beginning; thence North 40'36'00" East 702.10 feet; thence North 38'30'50" West 1,396.36 feet; thence North 63'04'20" East 665 feet to the left bank of the Duwamish River; thence Westerly along said river to the East line of the property conveyed to E. Bancharo by Deed recorded March 10, 1923 under Recording No. 1712754; thence South 01'51'30" East 343 feet; thence South 59'22'30" West 643.35 feet; thence North 82'40'30" West 707.69 feet to the right -of -way of Puget Sound Electric Railway; thence Southeasterly along said right -of -way to the point of beginning; EXCEPT that portion lying Southeasterly of the following described line: Beginning on the Northeasterly margin of said right -of -way 654.08 feet Northwesterly of the point of beginning of the above described parcel; thence North 40'36'00" East to the Northeast line of said above described parcel and the terminus of said line. ALSO EXCEPT the following: Commencing on the Northeasterly margin of said right -of -way at a point North 22'20'26" West 1,722.57 feet from the quarter corner between said Sections 14 and 15; thence North 48'13'44" West along said right -of -way 1,570.27 feet to the point of beginning; thence continuing Northwesterly 200 feet; thence North 28 East 159.11 feet; thence South 81'30'14" East 45 feet; thence North 41'46'16" East .02 feet more or less to the Northwest corner of the property conveyed to Suburban Propane Gas Company, Inc., by Deed recorded April 10, 1963 under Recording No. 5568171; thence South 81'30'14" East 239.22 feet; thence South 41'46'16" West 310.54 feet to the point of beginning. PARCEL B: A non - exclusive easement for road purposes 16 feet in width extending from the most Westerly corner of Parcel A, Northwesterly along the Northeasterly margin of the Puget Sound Electric Railway right -of -way a distance of 190 feet, more or less, to a road crossing, the Southwesterly line of said strip being identical with the Northeasterly line of said right -of -way. LEGAL DESCRIPTION (cont.) PARCEL C: That portion of C. C. Lewis Donation Land Claim No. 37 in Sections 10 and 15, Township 23 North, Range 4 East W.M., in King County, Washington, described as follows: Commencing at a point which bears North 81'44'15" East 199.17 feet from a hub at the end of a curve on the centerline of the Duwamish Renton Junction Road, said hub being approximately 1,200 feet North and 440 feet West of the quarter corner between Sections 14 and 15, Township 23 North, Range 4 East W.M., in King County, Washington; thence South 40 °36'00" West 20 feet to the right -of -way of Puget Sound Electric Railway; thence Northwesterly along said right -of -way 580.29 feet to a point also known as "point A "; thence North 40'36'00" East 749.10 feet to the point of beginning; thence North 38'30'50" West 1,137.63 feet; thence North 63'04'20" East 665 feet, more or less, to the bank of the Duwamish River; thence Southerly and Easterly along said bank to a point which bears North 40'36'00" East 462.63 feet and North 29'48'55" West 83 feet, more or less, from the point of beginning; thence South 29'48'55" East, more or less; thence South 40'36'00" East to the point of beginning; EXCEPT that portion lying Southeasterly of a line described as follows: Commencing at said "point A "; thence North 49'24'00" West 400 feet to the point of beginning; thence North 40'36'00" East to the bank of the Duwamish River and the terminus of said line. PARCEL D: An easement for access and utility purposes, over and across the following described property: That portion of the C.C. LEWIS DONATION CLAIM NO. 37, Section 15, Township 23 North, Range 4 East W.M., in King County, Washington, being a strip of land 60 feet in width, lying 30 feet on each side of and adjoining the following described centerline: Commencing at a point on the Northeasterly margin of the City of Seattle's Transmission Line Right of Way, North 22'20'26" West a distance of 1,722.57 feet from the quarter corner between Sections 14 and 15; thence North 48 °13'44" West along said Northeasterly margin 730 feet to the point of beginning of said center line; thence South 41'46'16" West 100 feet to the point of terminus in the Southwesterly margin of said transmission line right of way. All situate in the City of Tukwila, County of King, State of Washington. LOTI DESCRIPTION That portion of the C.C. Lewis Donation Claim No. 37 in the northeast quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian, in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 0 13'44 "W along said northeasterly margin 459.40 feet to the TRUE POINT OF BEGINNING of this Lot 1; thence from said TRUE POINT OF BEGINNING, continuing along said northeasterly margin N48 °13'44 "W 747.70 feet; thence leaving said northeasterly margin N60 °32'46" 313.4 )feet; thence 529 °27'14 "E 160.95 feet; thence +48 °13'44 "E 528.32 feet; thence S41 0 46'16 "W 108.27 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 250.00 feet and a central angle of 23 °47'39 ", an arc length of 103.82 feet to a point of reverse curvature; thence tangent to the preceding course, along the arc of a curve to the left having a radius of 250.00 and a central angle of 08 °43'27 ", an arc length of 38.07 feet to the TRUE POINT OF BEGINNING. LOT 2 DESCRIPTION That portion of the C.C. Lewis Donation Claim No 37 in the northeast quarter of Section 15, and the southeast quarter of Section 10, Township 23 North, Range 4 East, Willamette Meridian, in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 °13'44 "W along said northeasterly margin 1239.24 feet to the TRUE POINT OF BEGINNING of this Lot 2; thence from said TRUE POINT OF BEGINNING, continuing along said northeasterly margin N48 °13'44 "W 331.03 feet; thence leaving said northeasterly margin N41 °46'16 "E 310.54 feet; thence N81 °30 "W 284.22 feet; thence S28 °05'42 "W 159.11 feet to return to said north- easterly margin; thence along said northeasterly margin N48 °13'44 "W 204.93 feet and along a spiral curve to the right, the spiral chord of which is N47 0 53'39 "W 103.81 feet; thence leaving said northeasterly margin S81 °30'14 "E 707.69 feet; thence. N60 °32'46 "E 0.48 feet; thence S29 °27'14 "E 359.99 feet; thence S60 °32'46 "W 283.08 feet; thence tangent to the preceding curve along the arc of a curve to the left having a radius of 250.00 and a central angle of 01 °19'03 ", an arc length of 5.75 feet to the TRUE POINT OF BEGINNING. LOT 3 DESCRIPTION That portion of the C.C. Lewis Donation Claim No. 37 in the northeast quarter of Section 15, and . the southeast quarter of Section 10, Township 23 North, Range 4 East, Willamette Meridian, in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 °13'44 "W along said northeasterly margin 1207.10 feet to the TRUE POINT OF BEGINNING of this Lot 3; thence from said TRUE POINT OF BEGINNING, continuing along said northeasterly margin. N48 °13'44 "W 32.14 feet; thence leaving said northeasterly margin from a tangent that bears N59 0 13'43 "E along the arc of a curve to the right having a radius of 250.00 feet and a central angle of 01 °19'03 ", an arc length of 5.75 feet; thence tangent to the preceding curve N60°32'46"E 283.08 feet; thence N29 °27'14 "W 359.99 feet; thence N60 °32'46 "E 660.00 feet; thence S29 °27'14 "E 363.68 feet; thence S06 °23'40 "W 61.00 feet; thence from a tangent that bears N83 °36'20 "W, along the arc of a curve to the left having a radius of 119.50 feet and a central angle of 35 °50'54 ", an arc length of 74.77 feet; thence tangent to the preceding curve S60 °32'46 "W 832.77 feet to the TRUE POINT OF BEGINNING. 8 of 9 That portion of the C.C. Lewis Donation Claim No. 37 in the northeast quarter of Section 15, and the southeast quarter of Section 10, Township 23 North, Range 4 East, Willamette Meridian, in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 °13'44 "W along said northeasterly margin 400.00 feet to the TRUE POINT OF BEGINNING of this Lot 4; thence from said TRUE POINT OF BEGINNING, continuing along said northeasterly margin N48 °13'44 "W 59.40 feet; thence leaving said northeasterly margin from a tangent that bears N56 °50'28 "E along the arc of a curve to the right having a radius of 250.00 feet and a central angle of 08 °43'27 ", an arc length of 38.07 feet to a point of reserve curvature; thence tangent to the preceding curve, along the arc of a curve to the left having a radius of 250.00 feet and a central angle of 23 °47'39 ", an arc length of 103.82 feet; thence tangent to the preceding curve N41 °46'16 "E 108.27 feet; thence N48 °13'44 "W 528.32 feet; thence N29 °27'14 "W 160.95 feet; thence N60 °32'46 "E 519.29 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 119.50 feet and a central angle of 35 °50'54 ", an arc length of 74.77 feet; thence radial to the preceding curve N06 °23'40 "E 61.00 feet; thence N29 °27'14 "W 363.68 feet; thence S60 °32'46 "W 17.13 feet; thence N00 °41'14 "W 352.00 feet snore or less to the bank of the Duwamish River (mean high water line); thence easterly, southeasterly and southerly along said bank of the Duwamish River to a point which bears N41 °46'16 "E from the TRUE POINT OF BEGINNING of this Lot 4; thence leaving said bank of the Duwamish River S41 °46'16 "W 1216.77 feet more or less to the TRUE POINT OF BEGINNING. LOT4 DESCRIPTION 9 of 9 Dear Sir: PARCEL A: F I R S T A M E R I C A N T I T L E I N S U R A N C E C O M P A N Y Fourth and Blanchard Building Seattle, Washington 98121 206- 728 -0400 SHORT • PLAT CERTIFICATE Wilsey & Ham 1980 112th Avenue N.E., Suite 200 Bellevue, Washington 98004 -2985 Certificate for Filing Proposed Short Plat Our No. 115113 In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said King County, to -wit: That portion of C. C. Lewis Donation Land Claim No. 37 in Sections 10 and 15, Township 23 North, Range 4 East W.M., in King County, Washington, described as follows: Commencing at a point which bears North 81 °44'15" East 199.17 feet from a hub at the end of a curve on the centerline of the Duwamish Renton Junction Road, said hub being approximately 1,200 feet North and 440 feet West of the quarter corner between Sections 14 and 15, Township 23 North, Range 4 East W.M., in King County, Washington; thence South 40 °36'00" West 20 feet to the right -of -way of Puget Sound Electric Railway; thence North 49 °24'00" West along said right -of -way 326.21 feet to the point of beginning; thence North 40 °36'00" East 702.10 feet; thence North 38 °30'50" West 1,396.36 feet; thence North 63 °04'20" East 665 feet to the left bank of the Duwamish River; Page 2 Order No. 115113 thence Westerly along said river to the East line of the property conveyed to E. Bancharo by Deed recorded March 10, 1923 under Recording No. 1712754; thence South O1 °51'30" East 343 feet; thence South 59 °22'30" West 643.35 feet; thence North 82 °40'30" West 707.69 feet to the right -of -way of Puget Sound Electric Railway; thence Southeasterly along said right -of -way to the point of beginning; EXCEPT that portion lying Southeasterly of the following described line: Beginning on the Northeasterly margin of said right -of -way 654.08 feet Northwesterly of the point of beginning of the above described parcel; thence North 40 °36'00" East to the Northeast line of said above described parcel and the terminus of said line. ALSO EXCEPT the following: Commencing on the Northeasterly margin of said right -of -way at a point North 22 °20'26" West 1,722.57 feet from the quarter corner between said Sections 14 and 15; thence North 48 °13'44" West along said right -of -way 1,570.27 feet to the point of beginning; thence continuing Northwesterly 200 feet; thence North 28 °05'42" East 159.11 feet; thence South 81 °30'14" East 45 feet; thence North 41 °46'16" East .02 feet more or less to the Northwest corner of the property conveyed to Suburban Propane Gas Company, Inc., by Deed recorded April 10, 1963 under Recording No. 5568171; thence South 81 °30'14" East 239.22 feet; thence South 41 °46'16" West 310.54 feet to the point of beginning. PARCEL B: A non - exclusive easement for road purposes 16 feet in width extending from the most Westerly corner of Parcel A, Northwesterly along the Northeasterly margin of the Puget Sound Electric Railway right -of -way a distance of 190 feet, more or less, to a road crossing, the Southwesterly line of said strip being identical with the Northeasterly line of said right -of -way. PARCEL C: Page 2 6. Any encroachments disclosed by a survey prepared by Wilsey & Ham, ,Inc. dated January 1985. Order No. 115113 All situate in the City of Tukwila, County of King, State of Washington. VESTED IN: KAISER GATEWAY ASSOCIATES, a California general partnership SUBJECT TO: 1. Any question that may arise due to the shifting and changing in the course of Duwamish River. 2. Right of the State of Washington in and to that portion, if any of the property herein described which lies below the line of ordinary high water of the Duwamish River. 3. RIVER PROTECTION EASEMENT AND CONDITIONS CONTAINED THEREIN: Easement and right of way over and upon said property to construct and maintain a bank protection and /or other flood control works, including right of access over adjoining lands: Granted to: King County Recorded: August 3, 1965 Recording No.: 5910591 Location: The left bank of the Duwamish River 4. Terms and conditions of the easement granted for the benefit of the herein described property dated October 6, 1967 recorded October 17, 1967 under King County Recording No. 6250403. 5. EASEMENT AND CONDITIONS CONTAINED THEREIN AS GRANTED OR RESERVED IN INSTRUMENT: Recorded: January 15, 1971 Recording No.: 7101150292 In favor of: Suburban Propane Gas Company For: Gas line Affects: The North 20 feet of the most Westerly 595.37 feet of Parcel A and Parcel B (Continued . . . Plat Certificate) Page 7. DEED. OF TRUST AND THE TERMS AND CONDITIONS THEREOF: Grantor: Kaiser Gateway Associates, a California general partnership Trustee: First American Title Insurance Company Beneficiary: Cal Fed Enterprises, Inc., a California Original Amount: $6,000,000.00, plus interest Dated: June 24, 1985 Recorded: June 27, 1985 Recording No.: 8506270731 Records examined to August 13, 1985 ,� -eA4 -e ROGE TERRIERE, Subdivision Manager Order No. 115113 Page 2 That portion of C. C. Lewis Donation Land Claim No. 37 in Sections 10 and 15, Township 23 North, Range 4 East W.M., in King County, Washington, described as follows: Commencing at a point which bears North 81 °44'15" East 199.17 feet from a hub at the end of a curve on the centerline of the Duwamish Renton Junction Road, said hub being approximately 1,200 feet North and 440 feet West of the quarter corner between Sections 14 and 15, Township 23 North, Range 4 East W.M., in King County, Washington; thence South 40 °36'00" West 20 feet to the right -of -way of Puget Sound Electric Railway; thence Northwesterly along said right -of -way 580.29 feet to a point also known as "point A "; thence North 40 °36'00" East 749.10 feet to the point of beginning; thence North 38 °30'50" West 1,137.63 feet; thence North 63 °04'20" East 665 feet, more or less, to the bank of the Duwamish River; thence Southerly and Easterly along said bank to a point which bears North 40 °36'00" East 462.63 feet and North 29 °48'55" West 83 feet, more or less, from the point of beginning; thence South 29 °48'55" East, more or less; thence South 40 °36'00" East to the point of beginning; EXCEPT that portion lying Southeasterly of a line described as follows: Commencing at said "point A "; thence North 49 °24'00" West 400 feet to the point of beginning; thence North 40 °36'00" East to the bank of the Duwamish River and the terminus of said line. PARCEL D: An easement for access and utility purposes, over and across the following described property: That portion of the C.C. LEWIS DONATION CLAIM NO. 37, Section 15, Township 23 North, Range 4 East W.M., in King County, Washington, being a strip of land 60 feet in width, lying 30 feet on each side of and adjoining the following described centerline: Order No. 115113 Commencing at a point on the Northeasterly margin of the City of Seattle's Transmission Line Right of Way, North 22 °20'26" West .a distance of 1,722.57 feet from the quarter corner between Sections 14 and 15; thence North 48 °13'44" West along said Northeasterly margin 730 feet to the point of beginning of said center line; thence South 41 °46'16" West 100 feet to the point of terminus in the Southwesterly margin of said transmission line right of way. LOTI DESCRIPTION That portion of the C.C. Lewis Donation Claim No. 37 in the northeast quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian, in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at a .point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 "W along said northeasterly margin 459.40 feet to the TRUE POINT OF BEGINNING of this Lot 1; thence from said TRUE POINT OF BEGINNING, continuing. along said northeasterly margin N48 "W 747,70 feet; thence lea in said northeasterly margin N60 "E feet; thence S29 27 14 189.54 fee- thence S48 13 44 E 496.42 feet thence S4 1 46 16 W 113.27 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 250.00 feet and a central angle of 23 ", an arc length of 103.82 feet to a point of reverse curvature; thence tangent to the preceding course, along the arc of a curve to the left having a radius of 250.00 and a central angle of 08 ", an arc length of 38.07 feet to the TRUE POINT OF BEGINNING. LOT2 DESCRIPTION That portion of the C.C. Lewis Donation Claim No. 37 in the northeast quarter of Section 15, and the southeast quarter of Section 10, Township 23 North, Range 4 East, Willamette Meridian, in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 °13'44 "W along said northeasterly margin 1239.24 feet to the TRUE POINT OF BEGINNING of this Lot 2; thence from said TRUE POINT OF BEGINNING, continuing along said northeasterly margin N48 °13'44 "W 331.03 feet; thence leaving said northeasterly margin N41 °46'16 "E 310.54 feet; thence N81 °30'14 "W 284.22 feet; thence S28 °05'42 "W 159.11 feet to return to said north- easterly margin; thence along said northeasterly margin N48 °13'44 "W 204.93 feet and along a spiral curve to the right, the spiral chord of which is N47 °53'39 "W 103.81 feet; thence leaving said northeasterly margin S81 °30'14 "E 707.69 feet; thence. N60 °32'46 "E 0.48 feet; thence S29 °27'14 "E 359.99 feet; thence S60 °32'46 "W 283.08 feet; thence tangent to the preceding curve along the arc of a curve to the left having a radius of 250.00 and a central angle of 01 °19'03 ", an arc length of 5.75 feet to the TRUE POINT OF BEGINNING. I"' F,P. faF t n C. 255 ..J c T. . 'MLA P; ' !" DEPT: 1' LOT3 DESCRIPTION That portion of the C.C. Lewis Donation Claim No. 37 in the northeast quarter of Section 15, and the southeast quarter of Section 10, Township 23 North, Range 4 East, Willamette Meridian, in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 °13'44 "W along said northeasterly margin 1207.10 feet to the TRUE POINT OF BEGINNING of this Lot 3; thence from said TRUE POINT OF BEGINNING, continuing along said northeasterly margin N48 °13'44 "W 32.14 feet; thence leaving said northeasterly margin from a tangent that bears N59 0 13'43 "E along the arc of a curve to the right having a radius of 250.00 feet and a central angle of 01 °19'03 ", an arc length of 5.75 feet; thence tangent to the preceding curve N60 °32'46 "E 283.08 feet; thence N29 °27'14 "W 359.99 feet; thence N60 °32'46 "E 660.00 feet; thence S29 °27'14 "E 363.68 feet; thence S06 °23'40 "W 61.00 feet; thence from a tangent that bears N83 °36'20 "W, along the arc of a curve to the left having a radius of 119.50 feet and a central angle of 35 0 50'54 ", an arc length of 74.77 feet; thence tangent to the preceding curve S60 °32'46 "W 832.77 feet to the TRUE POINT OF BEGINNING. a. A :t.A Pt . N'`. 'r i DEPT T LOT 4 DESCRIPTION That portion of the C.C. Lewis Donation Claim No. 37 in the northeast quarter of Section 15, and the southeast quarter of Section 10, Township 23 North, Range 4 East, Willamette Meridian, in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 °13'44 "W along said northeasterly margin 400.00 feet to the TRUE POINT OF BEGINNING of this Lot 4; thence from said TRUE POINT OF BEGINNING, continuing along said northeasterly margin N48 °13'44 "W 59.40 feet; thence leaving said northeasterly margin from a tangent that bears N56 °50'28 "E along the arc of a curve to the right having a radius of 250.00 feet and a central angle of 08 0 43'27 ", an arc length of 38.07 feet to a point of reserve curvature; thence tangent to the preceding curve, along the arc of a curve to the left having a radius of 250.00 feet and a central angle of 23 °47'39 ", an arc length of 103.82 feet; thence tangent to the preceding curve N41 °46'16 "Ec113.27 feet; thence N48 °13'44 " 96.42 feet; thence N29 °27'14 "W 1(89.54 ;feet; thence N60 °32'46 "E 504.29 ;feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 119.50 feet and a central angle of 35 °50'54 ", an arc length of 74.77 feet; thence radial to the preceding curve N06 °23'40 "E 61.00 feet; thence N29 °27'14 "W 363.68 feet; thence S60 °32'46 "W 17.13 feet; thence N00 °41'1 "W 352.00 feet more or less to the bank of the Duwamish River (mean high water line); thence easterly, southeasterly and southerly along said bank of the Duwamish River to a point which bears N41 °46'16 "E from the TRUE POINT OF BEGINNING of this Lot 4; thence leaving said bank of the Duwamish River S41 °46'16 "W 1216.77 feet more or less to the TRUE POINT OF BEGINNING. �•':.'.� Ti 'A ILA 1'I DEPT. 49b 7/16/85 & C FILE # DATE GATEWAY CORPORATE CENTER co -q ;; r e_ DEVELOPERS AGREEMENT This Agreement, for purposes of identification, dated .QJ.quS / 5 , 1985, is made and entered into by and between the City of Tukwila, a municipal corporation, hereinafter re- ferred to as "City" and "KAISER GATEWAY ASSOCIATES ", a California Partnership, hereinafter referred to as "Developer ". RECITALS: A. Developer has presented to City a Preliminary Development Plan of land located within the corporate limits of City, said plan having been prepared in accordance with the requirements of the City Public Works Director. B. The proposed development of land is commonly known and described as Gateway Corporate Center, and more particularly described in Exhibit A. Said development is hereinafter referred to as "The development ". C. Developer has requested approval of the plans and specifica- tions prior to the construction and completion of improvements, including, but not limited to streets, highways. or public ways, public utility facilities, and design standards which are part of the provisions for lot grading and drainage in or appurtenant to the development, that are required by the City Public Works Director and the Ordinance of the City. Said improvements are shown on the documents described in Exhibits A and B, and are hereinafter referred to as "the Candidates for Turnover" 1 r -• 49b 7/16/85 2 AGREEMENTS: The parties hereto agree as follows: 1. Performance of Work: Developer agrees to furnish, construct and install at his own expense all required improve- ments as shown on the plans and specifications of said develop- ment, a copy of which is on file in the Otfice of the City Public Works Director and is incorporated herein by reference, along with any changes and modifications as may be required by the City Public Works Director due to errors or omission on the plans. 2. The City shall select and manage an inspector for the candidates for turnover. The Developer shall pay the costs of said inspector At the time of application for any street use /utility permits for public street /utility improvements, the City shall furnish to the Developer an estimate of the City's inspection costs. The Developer shall deposit with the City the full amount of such estimated costs prior to the issuance of any permits authorizing construction. 3. Work; Satisfaction of City Engineer: All of the work on the required improvements is to be done at the places, of the materials, and in the manner and at the grades, all as shown upon the approved plans and specifications and the City's Standard Specifications, and to the satisfaction of the City Public Works Director. The Developer's Soil Engineer and Surveyor shall supply the City with copies of all tests, records and survey notes performed for the Development. At the time of the issuance of building permits, Developer will provide City with a performance bond, in the form of Exhibit F attached hereto, in such amount as is approved by the Public Works Director (which 49b 7/16/85 3 amount shall include the estimated cost of the anticipated traffic signal at the intersection of 133rd South and Interurban). At the time of closing, Developer will provide City with a maintenance bond in the form of Exhibit G in an amount approved by the Public Works Director covering the warranty contained in paragraph 11. 4. Work; Time for Commencement and Performance: City fixes the time for the commencement of the work to be done on the day permits for such work are approved by Planning Director and /or Building Official, and for its completion to be within 365 calendar days thereafter. At least four (4) working days prior to the commencement of work hereunder, Developer shall notify the City Public Works Director in writing of the date fixed by Developer for commencement thereof, so that the City Public Works Director shall be able to provide services of inspection. 5. Time of Essence; Extension: Time is of the essence of this Agreement, but the dates for commencement and completion of the work of construction may be extended as herein provided. The City Public Works Director may extend said dates for delays in said work actually caused by inclement weather, riots, strikes, lockouts, fires, earthquakes, floods and conditions resulting therefrom. Extension of said dates for any other cause shall be made only by the City Council. 6. Request for Extension; Granting: Requests for exten- sion of commencement and completion dates shall be in writing, shall be delivered to City in the manner hereinafter specified for services of notices. Extension shall be granted in writing 49b 7/16/85 and an oral extension shall not be valid for any purpose what- soever. 7. Extension; No Release of Obligations: In the event it is deemed necessary by the City to extend the time of commence- ment or completion of the work to be done under this Agreement beyond the dates specified herein, such extension as shall be granted shall in no way release any guarantee given by Developer pursuant to this Agreement, or to relieve or release those providing improvement security pursuant to this Agreement. The sureties in executing the bonds shall be deemed to have expressly agreed to any such extension of time. 8. Extension; Conditions: The granting of any extension may be conditioned upon Developer providing City with new or amended surety bonds in amounts increased to reflect increases in the costs of constructing the required improvements that have occurred prior to the granting of the extension or are likely to occur prior to the completion of work. 9. Dedication to City: Developer intends to petition the City to accept the Candidates for Turnover as described in Exhibits A, B and the Bill of Sale, Exhibit C as full performance of all dedication and improvement obligations arising from the Development; and the City will consider the acceptance of said improvements provided that the Developer fulfills the following conditions: a. Developer shall execute and deliver to the City a Bill of Sale for the Candidates for Turnover in the form attached hereto as Exhibit C. City and Developer agree that the descrip- tive information in the Bill of Sale was obtained by the 4 , paragraph 9.a. and 9.b. prior to Au9US / 6 49b 7/16/85 5 Developer from Exhibits A and B and the Developer shall prepare the information from the "As Built Drawings ". The Bill of Sale shall be in the format approved by the City and shall contain a materials list and unit costs. b. Developer shall convey to the City the easements attached as Exhibits D -1 and D -2 for general utility construction and maintenance in connection with the utilities conveyed by this Agreement. Owners shall also dedicate to the City the street right -of -way in the form of a Statutory Warranty Deed attached as Exhibit D -3. All descriptions and easements shall be prepared as required by State law. c. Developer shall perform the obligation described in , 1986, which date shall be referred to herein as the Closing Date. The City shall execute and record by or on the Closing Date the easements and Statutory Warranty Deed delivered by the Developer in accordance with paragraph 3.b. d. Developer shall deliver or cause to be delivered to the City all permits, "As Built" drawings on mylar and inspection reports prepared by the Developer's consultants. 10. Title to Improvements: Title to and ownership of all improvements constructed hereunder by Developer shall vest absolutely in City, upon completion and acceptance of such improvements by City. 11. Repair or Reconstruction of Defective Work: If, within a period of one (1) year after final acceptance of the work performed under this Agreement, any improvement or part of any improvement furnished and /or installed or constructed, or caused 49b 7/16/85 6 to be installed or constructed by Developer, or any of the work done under this Agreement fails to fulfill any of the require- ments of this Agreement or the specifications referred to herein, Developer shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should the urgency of the case require repairs or replacements to be made before Developer can be notified, City may, at its option, make the necessary repairs or replacements or perform the neces- sary work, and Developer shall pay to City the actual cost of such repairs. 12. Developer Not Agent of City: Neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under this Agreement. 13. Successors: This Agreement shall constitute an ease- ment, servitude and covenant running with the land upon the Property described in this Agreement and shall be binding upon the heirs, assigns, grantees, and successors in interest to Developers. 14. The City and Developer agree that the following are a part of this Agreement: a. Express and implied warranties of title, ownership or power to convey shall continue in force. b. Developers shall continue to maintain the land- scaping planting in Gateway Drive until the responsibility is assumed by individual property owners. c. Obligations arising from this Agreement which are personal to the Developer and which had not been assumed by, nor legally imposed upon Developer shall not be affected in any way by this Agreement. 15. Trail and Street Extension: Developer acknowledges that the City has plans to improve a recreational trail within the 40 foot setback along the river fronting Developer's property and to extend a public street (60 feet in width along the southeasterly boundary of property) from the street configuration shown on the Developer's plans to the river as part of a future river crossing and that the mitigated Declaration of Nonsignificance (D.N.S.) for the Developer's project is conditional upon Developer accommodating such trail and street extension. The Developer, in designing and constructing its project, agrees to leave sufficient space to construct such street extension and recreational trail to City standards. Developer further agrees to, and hereby does, waive any and all severance damages attributed to any future acquisition of property by the City of Tukwila for a trail and /or street extension in such locations. 16. This Agreement constitutes the entire Agreement of City and Developer and shall not be modified except in writing executed by both parties. This Agreement shall be construed according to the laws of the State of Washington. The prevailing party in any action to enforce any provision of this Agreement shall be entitled to reasonable attorney fees and costs. ' • {•,°:' 49b 7/16/85 AGREE Di KAISER GATEWAY ASSOCIATES, A California Partnership (Developer) Gene ,ral Partner /1 i 4 / `(� fc / e<< L General Partner CITY OF TUKWILA, A Municipal., o p• - tion (City) By: By: vv ATTEST: By: Maxi fie Anderson, City Clerk 8 APPROVED AS TO FORM, VIOLET MAt: 7;o;,; , t.D NOTARY i•, • COUNTY OF :ir, I: Ccmmissi:n . �,1sy 14, 1886 .MA STATE OF COUNTY OF On this date, before me, personally appeared R.5, Di, A. Pt- /2 and k'o 6 ER r M . Kffr fi ti , to me known to be the _ , c E a G 72 3L hifienv6RS , respectively of KAISER GATEWAY ASSOCIATES, a California Partnership, the entity that executed the within and foregoing Gateway Corporate Center, and acknowledged said instru- ment to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument. 49b 7/16/85 .c4l.iFoRN I A rIR LAMB Il i r1 .: � . , ..�:�: ACKNOWLEDGEMENTS 9 ) GIVEN UNDER MY HAND AND OFFICIAL SEAL on (4t4f 2 , 1985 - )164t- I G r arzd ;Notary Public in and for the State of '•;California, residing at 4avt Tw2u,idr, CA . .;�.,; . ,. 49b1 7/16/85 EXHIBIT LIST Gateway. Corporate Center, 25 sheets, dated May 17, 1985. Sheets 1 through 25 prepared by Mackenzie /Saito & Associates B Documents prepared by Wilsey & Ham, Inc. C Bill of Sale D Easements for crossing City Light Property D -1 Easement for Utilities from Interurban Avenue (133rd Avenue South) along new loop road to Interurban Avenue (North access) to the north. D -2 Easement for Storm Drains D -3 Statutory Warranty deed (New loop road) Right -Of -Way Dedication F Performance Bond G Maintenance Bond _ These drawings are for the signal design and traffic channelization along Interurban South. Final design on this work will not be complete until Washington State Department of Transportation approves design report and plans. This is . expected in Spring 1986. EXHIBIT C BILL OF SALE KAISER GATEWAY ASSOCIATES, a California partnership ( "Grantor "), in consideration of one dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, does hereby convey to the City of Tukwila, Washington, a municipal corporation ( "Grantee "), Grantor's interest in the personal property constituting the following Gateway Corporate Center utilities systems and street improvements; the water system, sanitary sewer system, storm sewer system, lighting system, streets, signs, curbs and sidewalks. Such utilities systems and street improvements are further described in the documents listed in Exhibit A to the Gateway Corporate Center Developer's Agreement. Such personal property is further described in the list attached hereto. Such descriptions have been provided by Grantee and are not warranted by Grantor. Grantor is transferring the utility systems and street improvements as stated in the Developer's Agreement. Dated this of , 19 ACCEPTED: CITY OF TUKWILA By Pursuant to Resolution No. 49b1 7/16/85 GRANTOR By 49b1 EXHIBIT D EASEMENTS FOR CROSSING CITY LIGHT PROPERTY NORTH ENTRY SEATTLE CITY LIGHT EASEMENT That portion of the C.C. Lewis Donation Claim No. 37 in the northeast quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian, in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 °13'44 "W along said northeasterly margin 1,207.05 feet to the TRUE POINT OF BEGINNING of the easement to be described herein; thence from said TRUE POINT OF BEGINNING from a tangent that bears S61 0 45'03 "W, along the arc of a curve to the left having a radius of 219.50 feet and a central angle of 19 0 58'47 ", an arc length of 76.54 feet to a point of compound curvature; thence tangent to the preceding curve along the arc of a curve to the left having a radius of 28.50 feet and a central angle of 61 °18'20 ", an arc length of 30.49 feet to a point on the southwesterly margin of said right -of -way; thence along said southwesterly margin, N48 °13'44 "W 90.63 feet; thence leaving said southwesterly margin from a tangent that bears S76 °55'24 "E along the arc of a curve to the left having a radius of 28.50 feet and a central angle of 61 °18'20 ", an arc length of 30.49 feet to a point of reverse curvature; thence tangent to the preceding curve along the arc of a curve to the right having a radius of 280.50 feet and a central angle of 15 0 30'30 ", an arc length of 75.92 feet to a point on said northeasterly margin; thence along said northeasterly margin S48 °13'44 "E 64.00 feet to the POINT OF BEGINNING. ttd L.S. 11568 4 001•411M %l • �t IC W. °•. • i • • 1.-0,1, SOUTH ENTRY SEATTLE CITY LIGHT EASEMENT That portion of the C.C. Lewis Donation Claim No. 37 in the northeast quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian, in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 °13'44 "W along said northeasterly margin 424.29 feet to the TRUE POINT OF BEGINNING of the easement to be described herein; thence from said TRUE POINT OF BEGINNING from a tangent that bears S61 0 45'03 "W, along the arc of a curve to the left having a radius of 219.50 feet and a central angle of 18 0 55'47 ", an arc length of 72.52 feet to a point of compound curvature; thence tangent to the preceding curve along the arc of a curve to the left having a radius of 28.50 feet and a central angle of 91 °03'00 ", an arc length of 45.29 feet to a point on the southwesterly margin of said right -of -way; thence along said southwesterly margin, N48 °13'44 "W 118.01 feet; thence leaving said southwesterly margin from a tangent that bears S48 °13'44 "E along the arc of a curve to the left having a radius of 28.50 feet and a central angle of 89 °21'04 ", an arc length of 44.44 feet to a point of reverse curvature; thence tangent to the preceding curve along the arc of a curve to the right having a radius of 280.50 feet and a central angle of 14 °51'34 ", an arc length of 72.75 feet to a point on said northeasterly margin; thence along said northeasterly margin S48 °13'44 "E 64.00 feet to the POINT OF BEGINNING. L.S. 11568 SEE ATTACHED FOR DESCRIPTION EXHIBIT D -1 EASEMENT FOR UTILITY LINES The Grantor(s) for and in consideration of the sum of ONE DOLLAR ($1.00) in hand paid, receipt whereof is hereby acknowledged, do hereby grant, sell and convey to the City of Tukwila, Washington, a municipal corporation, Grantee, its successors and assigns, a perpetual, nonexclusive easement and right -of -way over, through, under, across, upon and in the following described real property situated in King County, Washington, TO -WIT: For the purposes of constructing, reconstructing, replacing, repairing and operating utility lines, including but not limited to water, storm drainage and sanitary sewer lines and all necessary connections and appurtenances thereto, together with the right of ingress and egress therefrom for the purposes of enjoying the easement. This easement is granted with the understanding that upon completion of any work on the easement, the property affected will be restored as nearly as possible to the condition in which it was at the commencement of such work. The Grantee also agrees to indemnify and save harmless the Grantor(s) from any liability or damages (including costs and attorney's fees) arising from the acts or omissions of Grantee and Grantee's agents, employees and contractors in the exercise of the rights granted herein. DATED this day of , 1985, at 49b1 Grantor Grantor Approved and accepted this day of , 1985. CITY OF TUKWILA By: Mayor Attestation: By: City Clerk . .. �... :: THIS IS TO CERTIFY that on this -day of , 19 , before me, the undersigned, a notary public in and for the state of Washington, duly commissioned and sworn, personally appeared , to me known to be the General Partner of Kaiser Gateway Associates, a California partnership, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said trust for the uses and purposes herein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal the day and year in this certificate first above written. Notary Public in and for the State of residing at THIS IS TO CERTIFY that on this day of , 19 , before me, the undersigned, a notary public in and for the state of Washington, duly commissioned and sworn, personally appeared to me known to be the of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said trust for the uses and purposes herein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal the day and year in this certificate first above written. Notary Public in and for the State of Washington, residing at Those portions of the C.C. Lewis Donation Claim No. 37 in the northeast quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian, in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Parcel One Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 0 13'44 "W along said northeasterly margin 490.87 feet to the TRUE POINT OF BEGINNING of Parcel One; thence from said TRUE POINT OF BEGINNING along said northeasterly margin N48 °13'44 "W 10.27 feet; thence leaving said northeasterly margin from a tangent that bears N54 °42'02 "E along the arc of a curve to the right having a radius of 290.50 feet and a central angle of 10 0 51'53 ", an arc length of 55.09 feet to a point of reverse curvature; thence tangent to the preceding curve along the arc of a curve to the left having a radius of 209.50 feet and a central angle of 23 0 47'39 ", an arc length of 87.00 feet; thence tangent to the preceding curve N41 °46'16 "E 613.27 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 109.50 feet and a central angle of 90 0 00'00 ", an arc length of 172.00 feet; thence tangent to the preceding curve N48 °13'44 "W 250.43 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 109.50 feet and a central angle of 71 0 13'30 ", an arc length of 136.12 feet; thence tangent to the preceding curve S60 °32'46 "W 829.37 feet to a point on said northeasterly margin of the City of Seattle's transmission line right -of -way; thence along said northeasterly margin N48 °13'44 "W 10.56 feet; thence leaving said north- easterly margin N60 °32'46 "E 832.77 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 119.50 feet and a central angle of 71 an arc length of 148.55 feet; thence tangent to the preceding curve S48 °13'44 "E 250.43 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 119.50 feet and a central angle of 90 °00'00 ", an arc length of 187.71 feet; thence tangent to the preceding curve S41 °46'16 "W 613.27 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 219.50 feet and a central angle of 23 °47'39 ", an arc length of 91.16 feet to a point of reverse curvature; thence tangent to the preceding curve along the arc of a curve to the left having a radius of 280.50 feet and a central angle of 10 °23'43 ", an arc length of 50.89 feet to the TRUE POINT OF BEGINNING of Parcel One. 10' UTILITY EASEMENTS ADJACENT TO LOOP ROAD .^ ... Parcel Two Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence. N48 °13'44 "W along said northeasterly margin 1271.05 feet to the TRUE POINT OF BEGINNING of Parcel Two; thence from said TRUE POINT OF BEGINNING along said northeasterly margin N48 °13 "W 10.36 feet; thence leaving said northeasterly margin from a tangent that bears N56 0 43'59 "E along the arc of a curve to the right having a radius of 290.50 feet and a central angle of 03 °48'47 ", an arc length of 19.33 feet; thence tangent to the preceding curve N60032'46 "E 837.37 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 190.50 feet and a central angle of 71 0 13'30 ", an arc length of 236.81 feet; thence tangent to the preceding curve 548 °13'44 "E 250.43 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 190.50 feet and a central angle of 67 °06'39 ", an arc length of 223.13 feet; thence non - tangent to the preceding curve 541 °46'16 "W 31.90 feet; thence from a tangent that bears N28 °15'14 "E along the arc of a curve to the left having a radius of 180.50 feet and a central angle of 76 °28'58 ", an arc length of 240.94 feet; thence tangent to the preceding curve N48 °13'44 "W 250.43 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 180.50 feet and a central angle of 71 °13'30 ", an arc length of 224.38 feet; thence tangent to the preceding curve S60 °32'46 "W 837.37 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 280.50 feet and a central angle of 03 °16'00 ", an arc length of 15.99 feet to the TRUE POINT OF BEGINNING of Parcel Two. Parcel Three Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 °13'44 "W along said northeasterly margin 427.66 feet to the TRUE POINT OF BEGINNING of Parcel Three; thence from said TRUE POINT OF BEGINNING from a tangent that bears NS8 °59'47 "E, along the arc of a curve to the right having a radius of 219.50 feet and a central angle of 06 °34'09 ", an arc length of 25.17 feet to a point of reverse curvature; thence tangent to the preceding curve along the arc of a curve to the left having a radius of 280.50 feet and a central angle of 12 °57'36 ", an arc length of 63.45 feet; thence non- tangent to the preceding curve S41 °46'16 "W 39.42 feet; thence from a tangent that bears S60 °15'49 "W, along the arc of a curve to the right having a radius of 290.50 feet and a central angle of 05 °18'06 ", an arc length of 26.88 feet to a point of reverse curvature; thence tangent to the preceding curve along the arc of a curve to the left having a radius of 209.50 feet and a central angle of 05 °43'09 ", an arc length of 20.91 feet to a point on the northeasterly margin of said transmission line right -of -way; thence along said northeasterly margin N48 °13'44 "W 10.49 feet to the TRUE POINT OF BEGINNING of Parcel Three. L.S. 11568 .. , ... 49b1 SEE ATTACHED FOR DESCRIPTION Approved and accepted this ,. �. EXHIBIT D -2 EASEMENT FOR STORM DRAIN The Grantor(s) for and in consideration of the sum of ONE DOLLAR ($1.00) in hand paid, receipt whereof is hereby acknowledged, do hereby grant, sell and convey to the City of Tukwila, Washington, a municipal corporation, Grantee, its successors and assigns, a perpetual, nonexclusive easement and right -of -way over, through, under, across, upon and in the following described real property situated in King County, Washington, TO -WIT: For the purposes of constructing, reconstructing, replacing, repairing and operating storm drainage lines and facilities and all necessary connections and appurtenances thereto, together with the right of ingress and egress therefrom for the purposes of enjoying the easement. This easement is granted with the understanding that upon completion of any work on the easement, the property affected will be restored as nearly as possible to the condition in which it was at the commencement of such work. The Grantee also agrees to indemnify and save harmless the Grantor(s) from any liability or damages (including costs and attorney's fees) arising from the acts or omissions of Grantee and Grantee's agents,-employees and contractors in the exercise of the rights granted herein. DATED this day of , 1985, at Grantor Grantor day of , 1985. CITY OF TUKWILA By: Mayor Attestation: By: City Clerk ss. COUNTY OF STATE OF STATE OF COUNTY OF 49b1 ss. THIS IS TO CERTIFY that on this day of , 1 9 , before me, the undersigned, a notary public in and for the state of Washington, duly commissioned and sworn, personally appeared , to me known to be the General Partner of Kaiser Gateway Associates, a California partnership, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said trust for the uses and purposes herein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal the day and year in this certificate first above written. Notary Public in and for the State of residing at THIS IS TO CERTIFY that on this day of , 19 , before me, the undersigned, a notary public in and for the state of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said trust for the uses and purposes herein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal the day and year in this certificate first above written. Notary Public in and for the State of Washington, residing at STORM EASEMENT NORTH OUTFALL That portion of the C.C. Lewis Donation Claim No. 37 in the northeast quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian, in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 °13'44 "W along said northeasterly margin 1281.41 feet; thence leaving said northeasterly margin from a tangent that bears N56 °43'59 "E, along the arc of a curve to the right having a radius of 290.50 feet and a central angle of 03 0 48'47 ", an arc length of 19.33 feet; thence tangent to the preceding curve N60 °32'46 "E 837.37 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 190.50 feet and a central angle of 08 °16'11 ", an arc length of 27.50 feet to the TRUE POINT OF BEGINNING of the easement to be described herein; thence from said TRUE POINT OF BEGINNING N58 °15'15 "E 32.54 feet; thence N29 °27'14 "W 267.96 feet; thence N00 °41'14 "W 358.06 feet; thence N27 °20'48 "E 36.76 feet; thence N31 °52'01 "W 25.98 feet to a point on the mean high water line of the Duwamish River; thence along said mean high water line N72 °25'00 "E 30.00 feet; thence leaving said mean water line 511 0 14'40 "E 33.79 feet; thence S27 °20'48 "W 39.84 feet; thence S00 °41'14 "E 347.94 feet; thence S29 °27•14 "E 279.72 feet; thence from a tangent that bears S85 °20'51 "W along the arc of a curve to the left having a radius of 190.50 feet and a central angle of 16 0 31'54 ", an arc length of 54.96 feet to the TRUE POINT OF BEGINNING of this easement. o• ctC Vb . �/LL!(l �l�/�•(�' : - y L c+ • •tr : • L.S. 11568 i ,e ti • �' 11568 b� - a '•.vOiSTEft 4:•• That portion of the C.C. Lewis Donation Claim No. 37 in the northeast quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian, in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 °13'44 "W along said northeasterly margin 400.00 feet; thence leaving said northeasterly margin N41 °46'16 "E 824.09 feet to the TRUE POINT OF BEGINNING of the easement to be described herein; thence from said TRUE POINT OF BEGINNING, from a tangent that bears N 18 °52'55 "E along the arc of a curve to the left having a radius of 190.50 feet and a central angle of 22 0 33'46 ", an arc length of 75.02 feet; thence non - tangent to the preceding curve S48 °13'44 "E 21.86 feet; thence N41 °46'16 "E 295.07 feet; thence N21 °23'49 "E 51.68 feet to a point on the mean high water line of the Duwamish River; thence along said mean high water line S30 0 00'00 "E 40.00 feet; thence S41 °46'16 "W 392.68 feet to the TRUE POINT OF BEGINNING of this easement. 1;( L.S. 11568 ... STORM EASEMENT EAST OUTFALL • 49b1 EXHIBIT D -3 STATUTORY WARRANTY DEED : 4 9b 1 EXHIBIT E RIGHT -OF -WAY DEDICATION GATEWAY CORPORATE CENTER LOOP ROAD DESCRIPTION That portion of the C.C. Lewis Donation Claim No. 37 in the northeast quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian, in the City of Tukwila, County of King, State of Washington, and being more particularly described as follows: Commencing at a point on the northeasterly margin of the City of Seattle's transmis- sion line right -of -way, at a point bearing N22 °20'26 "W 1,722.57 feet from the quarter corner between Sections 14 and 15; thence N48 °13'44 "W along said northeasterly margin 427.66 feet to the TRUE POINT OF BEGINNING of the road right -of -way to be described herein; thence from said TRUE POINT OF BEGINNING along said north- easterly margin N48 °13'44 "W 63.21 feet; thence leaving said northeasterly margin from a tangent that bears N55 °10'12 "E along the arc of a curve to the right having a radius of 280.50 feet and a central angle of 10 °23'43 ", an arc length of 50.89 feet to a point of reverse curvature; thence tangent to the preceding curve along the arc of a curve to the left having a radius of 219.50 feet and a central angle of 23 °47'39 ", an arc length of 91.16 feet; thence tangent to the preceding curve N41 °46'16 "E 613.27 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 119.50 feet and a central angle of 90 °00'00 ", an arc length of 187.71 feet; thence tangent to the preceding curve N48 °13'44 "W 250.43 feet; thence tangent to the preceding course along the arc of a curve to the left having a radius of 119.50 feet and a central angle of 71 °13'30 ", an arc length of 148.55 feet; thence tangent to the preceding curve S60 °32'46 "W 832.77 feet to a point on said northeasterly margin of the City of Seattle's transmission line right -of -way; thence along said northeasterly margin N48 °13'44 "W 63.95 feet; thence leaving said northeasterly margin from a tangent that bears N57 °16'46 "E along the arc of a curve to the right having a radius of 280.50 feet and a central angle of 03 °16'00 ", an arc length of 15.99 feet; thence tangent to the preceding curve N60 °32'46 "E 837.37 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 180.50 feet and a central angle of 71 °13'30 ", an arc length of 224.38 feet; thence tangent to the preceding curve S48 °13'44 "E 250.43 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 180.50 feet and a central angle of 76 °28'58 ", an arc length of 240.94 feet; thence non - tangent to the preceding curve S41 °46'16 "W 708.19 feet; thence from a tangent that bears S52 0 36'20 "W along the arc of a curve to the right having a radius of 280.50 feet and a central angle of 12 °57'36 ", an arc length of . 63.45 feet to a point of reverse curvature; thence tangent to the preceding curve along the arc of a curve to the left having a radius of 219.50 feet and a central angle of 06 ", an arc length of 25.17 feet to the TRUE POINT OF BEGINNING of this description. 1 EXHIBIT F Project Name: City Permit No: PERFORMANCE BOND WHEREAS, , hereinafter referred to as "the Principal ", has applied to the City of Tukwila, hereinafter referred to as "the City ", for . to construct the project known as on a site located at and WHEREAS, the City approved the requested action on , 198 , and WHEREAS, the approval granted by the City and the provi- sions of the Tukwila Municipal Code require certain improvements to be made in connection with construction of the project, which improvements are shown on the approved site plan, other required plans and further defined by the conditions identified in the City file, NOW, THEREFORE, the undersigned Principal and , a corporation authorized to transact surety business in the State of Washington, hereinafter referred to as "the Surety ", agree and bind themselves, their heirs, executors, administrators and assigns, unto the City in the sum of , lawful money of the United States, according to the following terms and conditions: 1) If the Principal does not complete all improvements required by the above - referenced conditions and plans, and file by , 198 , then the Surety shall, upon demand of the City remit to the City within ten (10) days of receipt of said demand the amount of this bond or such lesser amount as may be specified in the demand. 2) In the event the Principal fails to complete all of the above - referenced improvements within the time period speci- fied, the City shall have the right at its sole election to enter on the property described above for the purpose of completing the improvements. This paragraph shall not be construed to obligate the City in any way to complete such improvements. 3) In the event that any lawsuit is instituted by the City of Tukwila, the Principal or the Surety to enforce the terms of this bond or to determine the rights of Any party hereunder, the prevailing party in such litigation shall be entitled to recover from the losing party its costs, including reasonable attorney's fees, incurred as a result of such lawsuit. ...�� ` • Countersigned 4) This bond shall remain in full. force and effect until the obligations secured hereby have been• performed and a bond guaranteeing maintenance of all improvements for a period of one year from acceptance has been submi:tted.to the City in an amount of not less than ten percent of the cost of the improve - ments, and until released by the City in writing.at the request of,the Surety or Principal upon expiration of the. period speci- fied in paragraph 1 above. DATED this day of , 198 Residing Agent Surety Accepted bys CITY OF TUKWILA By Date ,Principal EXHIBIT . G Project Name: City Permit No: • MAINTENANCE BOND WHEREAS, , herein- after referred to as "the Principal ", has constructed and installed certain improvements in connection with a project known as on a site located at and WHEREAS, in order to provide security for the obligation of the Principal to repair or replace any improvement which proves defective within year(s) from acceptance of the improvement by the City of Tukwila, hereinafter referred to as "the City ", and to enable the City to release the performance bond provided in connection with said improvements, this bond has been secured and is hereby submitted to the City, NOW, THEREFORE, the undersigned Principal and , a corporation authorized to transact surety business in the State of Washington, hereinafter referred to as "the Surety ", agree and bind themselves, their heirs, executors, administrators and assigns, unto the City in the sum of , lawful money of the United States, according to the following terms and conditions: 1) The Principal and Surety agree that in the event any of the improvements installed by the Principal or Surety pursuant to the above referenced plans, conditions and file fail to remain free from defects in materials, workmanship or installation, or in the case of landscaping, fail to survive, for a period of ( ) year(s) from the date of acceptance of the installation by the City, the Surety shall, upon demand of the City and failure to cure the defect within a reasonable time as determined and specified by the City, remit to the City within ten (10) days -of receipt of demand for remittance, the amount of this bond or such lesser amount as may be specified in the demand. 2) If the Principal fails to cure any defect within the time period requested by the City, its employees and agents are hereby authorized to enter onto said property and to perform such work. This provision shall not be construed as creating any obligation on the .part of the City or its representatives. 3) In the event that any lawsuit is instituted by the City of Tukwila, the Principal or the Surety to enforce the terms of this bond or to determine the rights of any party hereunder, MASTER 'CITY OF T U K ILA Central Permit System KAISER DEVELOPMENT CO. •!6 1.4 1985 INDUSTRIA1iCOMMERCIAL NORTHWEST, LAND DEVELOPMENT APPLICATION FORM PLEASE WRITE LEGIBLY OR TYPE ALL REQUESTED 1NFORMATION-- INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED FOR PROCESSING. SECTION 1: GENERAL DATA TYPE OF APPLICATION: D BSIP ®SHORT Q SUBDIVISION DSHORELINE G PRD D PMUD O BAR PLAT PERMIT INTERURBAN APPL I CAN'T : 2) PROP. OWNER: NAME Same D CONDUSEONAL aUNUSESS• (, VARIANCE D C =ON NG AMEN I D DMENT Kaiser Gateway Associates, s A _ + California Partnership NAME Kaiser Development Company, Gen. Part r EPNE ( 415 271 -3844 ADDRESS 300 Lakeside Drive, Oakland, California ZIP 94643 TELEPHONE ADDRESS ZIP ) 3) PROJECT LOCATION: (STREET ADDRESS, GEOGRAPHIC, LOT /BLOCK) Interurban & South 133rd Street SECTION I1:. PROJECT INFORMATION 4) DESCRIBE BRIEFLY THE PROJECT YOU PROPOSE Short Subdivision of property previously 5) submitted under File No. EPIC - 258 -85 ANTICIPATED PERIOD OF CONSTRUCTION: FROM 6 ) WILL PROJECT BE DEVELOPED.IN PHASES? pg YES ONO PROJECT STATISTICS: A) B) ACREAGE OF PROJECT SITE: NET N/A FLOORS OF CONSTRUCTION: SITE UTILIZATION: ZONING DESIGNATION COMP. PLAN DESIGNATION BUILDING FOOTPRINT AREA LANDSCAPE AREA PAVING AREA TOTAL PARKING STALLS: - STANDARD SIZE - COMPACT SIZE - HANDICAPPED SIZE TOTAL LOADING SPACES AVER. SLOPE OF PARKING AVER. SLOPE OF SITE 8) IS THIS SITE DESIGNATED FOR SPECIAL MAP? ® YES u NO SECTION 111: APPLICANT'S AFFIDAVIT Kaiser Gateway Associates, , BEING DULY SWORN, DECLARE THAT 1 AM THE CONTRACT PURCHASER OR OWNER OF THE PROPERTY INVOLVED IN THIS APPLICATION AND THAT THE FORE- GOING STATEMENTS AND ANSWERS HEREIN CONTAINED AND THE INFORMATION HEREWITH SUBMITTED ARE IN ALL RESPECTS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE / BELIEF. DATE) bJ'G? -c / Y / � I J X BY: SUBSCRIBED AND SWORN BEFORE ME TH 1 S / `/ 77f DAY OF//( NOTAV PUM 1: 1N AND FOR THE STATE OF <9t,/ 74/iil RESIDING AT9A 4/1'4 L TOTAL FLOORS TOTAL. GROSS FLOOR AREA N/A N/A AREA N/A 1 -2% , 19 (f? N/A To IF YES, DESCRIBE: L . \ ; I \\'J l l_.) c13 . r . ; )F, ..ciwalLA r ,,14 IPc r. _, GROSS EASEMENTS N/A INCLUDES: D BASEMENT D MEZZANINE INCLUDES: D BASEMENT J MEZZANINE EXISTING PROPOSED NOTES M -1 Light Indus. N/A ❑ ❑ N/A o o N/A ❑ ❑ CONSIDERATION ON THE CITY'S ENVIRONMENTAL BASE (SIGNATURE OF C CT PURCHASER Kaiser Gateway Associates 4ullnnmulrlll1Ruum mRl ►nRrrrmRrrrrr ° OFFICIAL SEAL JUDY E. BAECHTOLDEI NOTARY PUBLIC•CALIFORNIAE �•.;. COUNTY OF ALAMEDA My Commission Ezrires Juno 8, 1988 WHI1T m1IIr11m1fU111fi111111I1($(1J1 i1 OR OWNER) rn 5 X33 5T t :I:irreuRBMJ kV 5 vp t')R &MTeik( bV. ss , IN ft N . :/j i li t4 \ 1 + 1. Ve ' o V \ 0 t ��\ + _ y9 .... T9. 1 0. 7 - r v. MANAGER PARCEL B, 18' X 190' NON- EXCLUSIVE C 1 ROAD EASEMENT 1 1 \\ \ \ \ \ \ \ \ \ SURVEYORS CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY DONE BY WILSEY AND HAM, UNDER MY DIRECTION IN CONFORMANCE WITH THE SURVEY RECORDING ACT AT THE REQUEST OF KAISER GATEWAY ASSOCIATES IN MAY, 198 VI/ ..... : c y • .. �D /S - - 86 11568 t. � ., ' L� i1 'Li SUPT. OF RECORDS RECORDING NO. 1:113 4. 11566 v .• O� x • :;4 1 lAl s 20' SUBURBAN GAS CO. EASEMENT A.F. 17101152292 — X07 88 q 4 4 ACCESS RECORDING CERTIFICATE FILED FOR RECORD THIS DAY OF . 1985 AT M. IN BOOK OF SURVEYS AT PAGE AT THE REQUEST OF THE CITY OF TUKWILA. DIVISION OF RECORDS & ELECTIONS EASEMENT A. F . 18608/ 8O 978 LOT 2 3.745 Ac.• L -5. x• 01'18' 75 03' i \ \ .F. Qt , 0 \ 0• As it 3 2 j 0 D 0 T1 eP / l;. f d 10'.v W° 1. f N1dE `> l s \ -12"' rss0 ; ` u'fua/ LOT 1 4.224 Ac. ACCESS EASEMENT A F 10/W8.180478 e ;1.03 /x , 9 ,29 211 � 6 (0;;: 11 % ."5:°!:- 32 LOT 3 6.125 Ac. /ngre55 Egress \ \ E nd. L.015 10 \ \ .\ \ j \ \ \\ \ \ 0:00 00 \� \ `\ / \\ \fix / s /C or i '` — • e I .��zd ° A \ .4' •Q' \ Ne. 0 0 L -38.07 3'?�7 02 92 ce Al FOUND 1' I.P. 0.23' WEST ___-o . N 79'55'18'E 81 p/ r / ' I I I 81 1 � G I. z� 1 ' 1 1 / / %Fr 59.40 Future STORM OUTFALL EASEMENT p.150.00 A-71' - R- 119.50 L- 74.77 Ar•35' 50' 54' FD. MON. IN CASE N 08 81.00 N 84'50'j7'E 131.17 Futur¢ ROADWAY AND UTILITY EASEMENT (TYPICAL) \ ' LOT 4 `. 22.30 Ac. \ \ 'r \ \ S9, \ / / / Iq,/ I.% p y� / / /0 g' 00 LEA +. • . / i SHORT PLAT N N 30'53'54•W \ Fufur¢ 52.10 \ STORM OUTFALL EASEMENT II�III�III�III�III�III�III�III�III�III�III�III�IIII�III�I�I�- III�I�I�III�I I�I�I�IIIL�IIIII�I�_ 1�1LL�l�. 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LLI 3 � Q W � ZZ Z OW U cv H W ~ I } H < - � ❑ CC m O ca o U7 .. ° CD 0 Z I— U cn 1-1 CC Z 0 - f= 3 U e - LL. �^ O ,/'V vl U U1 0 ., mi 1 NI u1 0 CD 0 .e4 . � n o 0 E u no M 1 • 0 C L) LT, - ► Tom` I[) CO 0 0, 0 CU II :, u u in N l ! t: �.'4 �... �: F. S;' �4r ;i,. :t��t.:k!CS ie >� >I ��airt't,.�. I.`t111`0E wEIPME BERYL. ••NOINS\RINO•STRUUTA• WATSA•KSWER•PARKK•KUILOINO• sonsu MACKENZIE ENGINEERING INCORPORATED PORTLAND ND OREGON 97201 1503)224 9560 Gateway Corporate Center Kaiser Development Company Sanitary Sewer, Gas & Telephone Master Plan 1 Tc. I \ N \\ N `• • \ \ ,N (4) 'sUOUIr l "ILLP 05J E \ (2)'9u" (2) rucTS To PuTOE 1 T. SoLIT1 cf. T.IIS Pko.+E:GT TELEPNOIJE LAYOUT UOTES' I. ALL C JDIJIT WILL EE OMJ - P2a1IDED 4 SG41EDuLE• 4 0 Pve oR EQUNALENT EQUIPED WITFI 4REENLY PULL TAPE ozC EO.1.11v4LENT 2, THE TWo OWNER PROVIDED MANNct.ES To BE MINIMUM GAZE of A 9484' TA VAULT (UTILITY VAULT L•.) oft. 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