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HomeMy WebLinkAboutPermit L07-021 - FAMILY FUN CENTER / COMFORT SUITES - BOUNDARY LINE ADJUSTMENTFAMILY FUN CENTER COMFORT SUITES 7300, 7200 FUN CENTER WAY L07-02 1 May 9, 2007 Stephen Woods 33701 9 Avenue South Federal Way, WA 98003 Dear Mr. Woods, Sincerely • Guy of Tukwila Department of Community Development Steve Lancaster, Director RE: Family Fun Center BLA BOUNDARY LINE ADJUSTMENT Comment Letter The City has reviewed the proposed BLA and has redlined comments on the attached copy of the BLA. There is a side yard landscape requirement of 5 feet that should be maintained on both sides of the new property line. Please confirm if there is a bioswale in the vicinity of the new property line and if so how that would be affected by the fence placement. If you have any additional questions or comments, please call me at (206) 431 -3670. Nora Gierloff Planning Supervisor Enclosures CC: Joanna Spencer, Public Works NG Q:\LETTERSTFC_BLAComment.DOC Page 1 of 1 05/09/2007 11:10:00 AM Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 TO: Jim Morrow via Joanna Spencer Nick Olivas via Don Tomaso FROM: Nora Gierloff RE: Family Fun Center BLA DATE: June 1, 2007 FILE: L07 -021 The above referenced boundary line adjustment may be ready for final approval. The project has previously been reviewed by your Department. Attached are the documents for recording. Please review these materials and indicate your approval by putting your initials next to your name below. If you do not approve, please indicate any additional requirements below. Approved by Nick Olivas Approved by Jim Morrow MEMORANDUM (initials) (initials) Project: 1),,t."4-u-- nn Address: 3 trAc., Date transmitted: 1 1 / LI ) 0 7 Response requested by: Staff coordinator: 0 !Z t'') , Date response received: Plan check date: " 1 f Comments prepared by: 14 Q- Update date: I City of Tukwila RECEIVED Department of Community Development APR 0 4 2001 TUKWILA PUBLIC WORKS File Number LAND USE PERMIT ROUTING FORM TO: r Building D Planning N. Public Works Ri Fire Dept. - Police Dept. Parks /Rec REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. sLe, at/lama m/i-9-41 COMMENTS (Attach additional comment sheets and/or support materials as needed.) Project: ,-._ ( .� A Address: 7 1 Date transmitted: -/ '/ i 07 Response requested by: Staff coordinator: o . C`"1 Date response received: City of Tukwila Department of Community Development File Number 1-- 0 - oc9 LAND USE PERMIT ROUTING FORM TO: Building a Planning X Public Works X Fire Dept. ``J Police Dept. L-7 Parks /Rec REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. Plan check date: z_,*o-1 COMMENTS (Attach additional comment sheets and/or support materials as needed.) Comments prepared by: Update date: Project: �. ( l A Address: Date transmitted: - / 24 J 0 7 Response requested by: Staff coordinator: 0 rt..-- C''� , Date response received: TO: Building Plan check date: City of Tukwila Department of Community Development File Number �- 0 - Oc9 LAND USE PERMIT ROUTING FORM Planning X. Public Works !J Fire Dept. _ ! Police Dept. '' Parks /Rec REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and /or support materials as needed.) Comments prepared by: Update date: Ciy of Tukwila Department of Community Development COMMENTS Pct hog M,p Witit,wL.Q,As . ❑ DRC review requested ❑ Plan submittal requested File Number L0- -va 1 LAND USE PERMIT ROUTING FORM TO: ❑ Building ❑ Planning Public Works ❑ Fire Dept. ❑ Police Dept. ❑ Parks/Rec Project: Address: Date transmitted: .5 I 1 / 47 7 Staff coordinator: Response requested by: Date response received: RECEIVED M AY 1 7 2 007 TutovILA PUBLIC WORKS ❑ Plan approved Plan check date: t Comments prepared by: , Et 1 �} rl 2 03 /14 /a COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Exclusions from Coverage (appearing herein) and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this commitment to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: CHICAGO TITLE INSURANCE COMPANY 3400 BANK OF AMERICA TOWER 701 5TH AVENUE SEATTLE, WA 98104 (206) 628 -5666 CHICAGO TITLE INSURANCE COMPANY ATTEST: RECEIVED MAR 2 3 20 COMMUNITY DEVELOPMENT RECEIVED APR 0 5 [0O7 TUKWILA PUBLIC WORKS President AXICIT N \OZJ' NXAN:i ZAVI1: N:CZN°LE ANTZ.\11:: 4 1 ANT! NWTVCA`T A I NT/: AXI e.N.I C . ti,W : T'`Z Y.Z.• tiii rJ '�i: �J '1�LogILV ! ' '\: N, L• t ! J Form C 9800 (Reprinted 09/00) A.L.T.A. COMMITMENT SCHEDULE A Title Unit: U -06 Phone: (206)628 -5610 Buyer(s): BLACKSTONE GROUP Fax: (206)628 -9717 Officer: SAVIDIS /CAMPBELL /MINOR /SCHABERT Commitment Effective Date: FEBRUARY 9, 2007 at 8:00 A.M. 1. Policy or Policies to be issued: ALTA Owner's Policy 199 STANDARD COMMERCIAL SHORT TERM /COMBINATION RATE Proposed Insured: BLACKSTONE GROUP Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: CHICAGO TITLE INSURANCE COIViPANY 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 Order No.: 1227939 Customer Number: 7 2 0 0 - 73 0 0 FUN CENTER WAY 2 . The estate or interest in the land which is covered by this Commitment is: FEE SIMPLE Amount: $ 0. 0 0 Premium: Tax Amount: $ 0. 0 0 Premium: Tax: Amount: $ 0. 0 0 Premium: Tax 3 . Title to the estate or interest in the land is at the effective date hereof vested in: SEE ATTACHED VESTING EXHIBIT 4 . The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT COMMA805 /KLC/ 11.1.05 CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE A (Continued) VESTING EXHIBIT (Paragraph 3 of Schedule A continuation) Order No.: 1227939 Your No.: 7200 -730 FUN CENTER WAY H2 HOTEL, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, WHICH ACQUIRED TITLE AS H2 HOTELS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AS TO ADJUSTED PARCEL 2; AND FAMILY FUN CENTERS, TUKWILA LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AS TO ADJUSTED PARCEL 3 CI- IICAGO TITLE INSURANCE COMPANY WLTACMA5 /11 -1 -90 /EK CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE A (Continued) Order No.: Your No.: LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) 1227939 7200-7300 FUN CENTER MAY ADJUSTED PARCELS 2 AND 3, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L98 -0028, RECORDED UNDER RECORDING NUMBER 9806309017, IN KING COUNTY, WASHINGTON, BEING A PORTION OF THE WEST HALF OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. CLTACMA6 /RDA /0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. GENERAL EXCEPTIONS A. Rights or claims of parties in possession not shown by the public records. B. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. C. Easements, or claims of easements, not shown by the public records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as " imposed by law, and not shown by the public records. E. Taxes or special assessments which are not shown as existing liens by the public records. Order No.: 1227939 Your No.: 7200 -7300 PUN CENTER NRY F. Any service, installation, connection, maintenance, tap, capacity or construction charges for sewer, water, electricity, other utilities, or garbage collection and disposal. G. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Water rights, claims, or title to water. I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS FOLLOW WLTACOMB /RDA /0999 A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: B 2. RESERVATION OF EASEMENT AS DISCLOSED BY VOLUME 21 OF THE KING COUNTY COMMISSIONER'S RECORDS, PAGE 148, FOR THE MAINTAINING OF POLE LINES OF PUGET SOUND POWER & LIGHT COMPANY OVER PORTION OF VACATED COUNTY ROAD NO. 8 SOUTH OF SOUTH MARGIN OF COUNTY ROAD NO. 673 (ALSO KNOWN AS RENTON - RENTON JUNCTION ROAD NO. 1139 AND SOUTH 153RD STREET). c 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: n 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY: PURPOSE: AREA AFFECTED: CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS Order No.: 001227939 Your No.: JAMES NELSON AND CHRIS JORGENSEN RIGHT OF WAY FOR THE PURPOSE OF LAYING WATER PIPES THROUGH LOTS 10 AND 8, SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND THE RIGHT TO GO UPON SAID LAND FOR THE PURPOSE OF INSPECTING AND REPAIRING THE SAME PORTION OF SAID PREMISES MAY 13, 1905 337825 PUGET SOUND POWER & LIGHT COMPANY, A MASSACHUSETTS CORPORATION ELECTRIC TRANSMISSION LINE PORTION OF SAID PREMISES JANUARY 20, 1933 2747448 PUGET SOUND POWER & LIGHT COMPANY RIGHT TO MAINTAIN, OPERATE, CONSTRUCT, RECONSTRUCT A TRANSMISSION LINE OR LINES, CONSISTING OF POLES, TOWERS, ETC. THAT PORTION OF SAID PREMISES LYING WITHIN THE OLD RIGHT OF WAY OF THE PUGET SOUND ELECTRIC RAILWAY CLTACMBI /RDA /0999 RECORDED: RECORDING NUMBER: E 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS r 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: a 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Order No.: 1227939 Your No.: 7200 -790 FUN CENTER WAY COMPANY NOVEMBER 25, 1938 3021385 THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION RIGHT TO CONSTRUCT, RECONSTRUCT, OPERATE, INSPECT, MAINTAIN OR REMOVE LINES OF TELEPHONE AND TELEGRAPH OR OTHER SIGNAL OR COMMUNICATIONS CIRCUITS, CONSISTING OF SUCH UNDERGROUND CONDUITS CABLES, MANHOLES AND OTHER MARKERS, POLES AND FIXTURES AND APPURTENANCES AS THE GRANTEE MAY FROM TIME TO TIME REQUIRE. AREA AFFECTED: THE NORTH PORTION OF VACATED RENTON JUNCTION ROAD NO. 673 LYING WEST OF CHICAGO, MILWAUKEE & ST. PAUL AND PACIFIC RAILROAD RIGHT OF WAY AND EAST OF COUNTY ROAD NO. 8. RECORDED: OCTOBER 26, 1956 RECORDING NUMBER: 4743159 KING COUNTY, A MUNICIPAL CORPORATION RIGHT TO CONSTRUCT AND MAINTAIN A RIP -RAP BANK PROTECTION AND REMOVE DEBRIS ALONG THE RIGHT BANK OF GREEN RIVER, ALSO ANY REASONABLE ACCESS NECESSARY FOR RIVER IMPROVEMENT WORK AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: NOVEMBER 15, 1961 RECORDING NUMBER: 5353689 CLTACM112 /RDA /0999 H PURPOSE: ROADWAY AREA AFFECTED: A STRIP OF LAND 20 FEET IN WIDTH IN GOVERMENT LOTS 8 AND 10, SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, WITHIN VACATED RENTON JUNCTION - RENTON PAVING ROAD NO. 1139. RECORDED: MARCH 07, 1963 RECORDING NUMBER; 5552672 A MODIFICATION OF SAID EASEMENT WAS RECORDED ON AUGUST 03, 1964 UNDER RECORDING NUMBER 5769188. z 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: 0 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS Order No.: Your No.: 1227939 7200 -7300 FUN CENTER WAY PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION THE RIGHT TO MAINTAIN, OPERATE, CONSTRUCT AND RECONSTRUCT A TRANSMISSION LINE OR LINES CONSISTING OF POLES, TOWERS, CROSSARMS, WIRES AND APPURTENANCES PORTION OF VACATED ROAD RENTON - RENTON JUNCTION ROAD NO. 1139 MAY 21, 1964 5738519 PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION AN ELECTRIC LINE RIGHT OF WAY A PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT JULY 10, 1964 5760092 CLTACMB2 /RDA /0999 L CHICAGO TITLE INSURANCE COMPANY A.L.TA COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS x 10. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: a� 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: o 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Order No.: 1227939 Your No.: 7200-7300 FUN CENTER NAY GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ONE OR MORE ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINES AREA AFFECTED: A PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT RECORDED: SEPTEMBER 16, 1969 RECORDING NUMBER: 6564888 SAID EASEMENT HAS BEEN MODIFIED BY PARTIAL RELEASE OF EASEMENT RECORDED UNDER RECORDING NUMBER 20020117000551. GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ONE OR MORE ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINES AREA AFFECTED: A PORTION OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT RECORDED: SEPTEMBER 16, 1969 RECORDING NUMBER: 6564889 N SAID EASEMENT HAS BEEN MODIFIED BY PARTIAL RELEASE OF EASEMENT RECORDED UNDER RECORDING NUMBER 20020117000550. GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ELECTRIC TRANSMISSION AND /OR DISTRIBUTION SYSTEM AREA AFFECTED: A RIGHT OF WAY 10 FEET IN WIDTH HAVING 5 FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF GRANTEE'S FACILITIES AS PRESENTLY STAKED OR AS MAY BE EXTENDED OR RELOCATED. CLTACMB2 /RDA /0949 RECORDED: MARCH 01, 1983 RECORDING NUMBER: 8303010477 p 13. RESERVATION OF AN EASEMENT BY THE CITY OF RENTON FOR UTILITY AND RELATED PURPOSES AFFECTING NELSON PLACE, AS VACATED, ALL AS SET OUT IN CITY OF RENTON ORDINANCE NUMBER 4044: RECORDED: FEBRUARY 10, 1987 RECORDING NUMBER: 8702100641 0 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: R 15. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS Order No.: 1227939 Your No.: 7200 -7300 FUN CENTER WAY PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION ELECTRIC DISTRIBUTION SYSTEMS TOGETHER WITH ALL NECESSARY OR CONVENIENT APPURTENANCES THERETO PORTION OF SAID PREMISES AND OTHER PROPERTY LYING WITHIN A STRIP OF LAND 10 FEET IN WIDTH HAVING 5 FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF GRANTEE'S FACILITIES AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED SEPTEMBER 25, 1998 9809250836 ELECTRIC LIGHTWAVE INC. TELECOMMUNICATIONS FACILITIES AND APPURTENANCES PORTION OF ADJUSTED PARCEL 3 LYING WITHIN A STRIP OF LAND 10 FEET IN WIDTH DECEMBER 9, 1998 9812090543 CLTACMB2 /RDA /0999 T s 16. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: 17. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS Order No.: 1227939 Your No.: 7200 -7300 PUN CENTER NAY CITY OF TUKWILA, A MUNICIPAL CORPORATION RECREATIONAL /RIVER BANK /DIKE TRAIL PORTION OF SAID PREMISES AS DESCRIBED AND DELINEATED IN DOCUMENT APRIL 15, 1999 9904151147 KING COUNTY ACCESSING AND CONSTRUCTING, INSPECTING, MONITORING, RECONSTRUCTING, MAINTAINING, AND REPAIRING, RIVER BANK PROTECTION AND /OR OTHER FLOOD RELATED WORKS, . INCLUDING INSTALLING, INSPECTING AND MAINTAINING ALL VEGETATION AND ANY OTHER APPURTENANCES THERETO PORTION OF SAID PREMISES AND OTHER PROPERTY AS DESCRIBED AND DELINEATED IN DOCUMENT FEBRUARY 23, 2005 20050223000003 v 18. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN_OR DELINEATED ON THE BOUNDARY /LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9806309017. v 19. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: CLTACMB2 /RDA /0999 BETWEEN: AND: RECORDED: RECORDING NUMBER: CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS Order No.: Your No.: RECORDED: NOVEMBER 1, 2000 RECORDING NUMBER: 20001101001246 w 20. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: FEBRUARY 12, 2002 RECORDING NUMBER: 20020212001091 z 21. COVENANTS, CONDITIONS, RESTRICTIONS AND RECIPROCAL EASEMENT AND GRADING AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: 22. RELINQUISHMENT OF ACCESS TO STATE HIGHWAY NUMBER 1 AND OF LIGHT, VIEW AND AIR BY DEED TO THE STATE OF WASHINGTON: RECORDED: OCTOBER 09, 1962 RECORDING NUMBER: 5490612 RECORDED: NOVEMBER 26, 1962 1227939 7200 -7300 PUN CENTER NAY HUISH FAMILY FUN CENTERS, INC., A WASHINGTON CORPORATION H2 HOTEL LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AND FAMILY FUN CENTERS TUKWILA, LLC, A WASHINGTON LIMITED LIABILITY COMPANY APRIL 17, 2002 20020417000774 z 23. RELINQUISHMENT OF ACCESS TO STATE HIGHWAY NUMBER 1 AND OF LIGHT, VIEW AND AIR BY DEED TO THE STATE OF WASHINGTON: CLTACMB2 /RDA /0999 BETWEEN: AND: RECORDED: RECORDING NUMBER: CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS RECORDING NUMBER: 5510773 AA 24. RELINQUISHMENT OF ACCESS TO STATE HIGHWAY NUMBER 1 AND OF LIGHT, VIEW AND AIR BY DEED TO THE STATE OF WASHINGTON: RECORDED: MAY 10, 1963 RECORDING NUMBER: 5581730 in 25. CONDEMNATION OF ACCESS TO STATE HIGHWAY NUMBER SR 181 AND OF LIGHT, VIEW AND AIR BY KING COUNTY DECREE TO THE STATE OF WASHINGTON: ENTERED: MAY 22, 1963 SUPERIOR COURT CAUSE NUMBER: 596089 OrderNo.: 1227939 Your No.: 7200 -7300 PUN CENTER NAY AC 26. TERMS, COVENANTS, CONDITIONS AND WAIVER OF DAMAGES CONTAINED IN INSTRUMENT: FRED NELSON AND DORA NELSON, HUSBAND AND WIFE NORTHERN PACIFIC RAILWAY COMPANY AUGUST 22, 1903 271781 AD SAID INSTRUMENT WAS AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 275486, 1225569 AND 4416266. AB 27. RELEASE OF DAMAGE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: JOSEPH F. MC ELROY AND: NORTHERN PACIFIC RAILWAY COMPANY RECORDED: AUGUST 27, 1904 RECORDING NUMBER: 307939 RELEASING NORTHERN PACIFIC RAILWAY COMPANY FROM ALL FUTURE CLAIMS FOR CLTACMB2 /RDA /0999 DAMAGES RESULTING FROM: CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS Order No.: 1227939 Your No.: 7200 -7300 FUN CENTER NAY THE ACT OF DEPOSITING THE MATERIALS DREDGED OUT OF THE NEW CHANNEL OF THE WHITE RIVER AY AFFECTS: SAID PREMISES AND OTHER PROPERTY Act 28. TERMS, COVENANTS AND CONDITIONS CONTAINED IN INSTRUMENT: BETWEEN: FRED NELSON, ET UX AND: THE CHICAGO MILWAUKEE ST. PAUL RAILWAY COMPANY OF WASHINGTON RECORDED JANUARY 14, 1907 RECORDING NUMBER: 453942 Aa SAID INSTRUMENT WAS AMENDED BY INSTRUMENTS RECORDED UNDER RECORDING NUMBERS 593845, 995367 AND 995370. AI 29. AGREEMENT, SUBJECT TO THE TERMS AND CONDITIONS THEREIN DATED JUNE 05, 1964, FILED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 610248 EXECUTED BY THE STATE OF WASHINGTON, MRS. WALTER BRIDGES AS EXECUTRIX OF THE ESTATE OF FRED NELSON DECEASED, AND JACOB NIELSEN AND MARIEN NIELSEN, HUSBAND AND WIFE, WHICH AMONG OTHER THINGS PROVIDES FOR AN EASEMENT AND COW PATH UNDERCROSSING BELOW THE RAILROAD TRACKS AND PRIMARY STATE HIGHWAY NO. 1 TO THE RECORD OF WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS. A.7 30. AGREEMENT, SUBJECT TO THE TERMS AND CONDITIONS THEREIN DATED MAY 22, 1973, FILED UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 725392, BY AND BETWEEN ARTHUR DESIMONE AND FIORITO BROS., A PARTNERSHIP, AND JACOB NIELSEN AND MARIEN NIELSEN, HUSBAND AND WIFE, WHICH AMONG OTHER THINGS PROVIDES THE NORTH BOUNDARY OF THE LAND AS DESCRIBED HEREIN, RIPARIAN RIGHTS AND ACCESS RIGHTS TO THE GREEN RIVER AND PROVISIONS CONCERNING FUTURE CHANGE IN THE RIVER BOUNDARY. AK 31. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: CLTACMB2 /RDA /0999 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS GRANTEE: KING COUNTY RECORDED: OCTOBER 30, 1936 RECORDING NUMBER: 2919485 Order No.: 1227939 Your No.: 7200 -7300 PUN CENTER WAY AL 32. ANY CHANGE IN THE LOCATION OF THE BOUNDARIES OF THE PROPERTY WHICH MAY HAVE RESULTED FROM ANY CHANGE IN THE LOCATION OF THE GREEN RIVER SINCE MAY 30, 1973, DATE OF DECREE FILED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 725392 WHICH ESTABLISHED THE NORTH BOUNDARY OF SAID PREMISES. Aar 33. ANY QUESTION THAT MAY ARISE DUE TO SHIFTING AND CHANGING IN THE COURSE OF GREEN (WHITE) RIVER. AN 34. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION OF SAID PREMISES LYING IN THE FORMER BED OF THE GREEN (WHITE) RIVER. AO 35. ANY PROHIBITION OR LIMITATION OF USE, OCCUPANCY OR IMPROVEMENT OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW OR HAS BEEN FORMERLY COVERED BY WATER. AP 36. PARAMOUNT RIGHTS AND EASEMENTS IN FAVOR OF THE UNITED STATES FOR COMMERCE, NAVIGATION, FISHERIES AND THE PRODUCTION OF POWER. AQ 37. PAYMENT OF THE REAL ESTATE EXCISE TAX, IF REQUIRED. THE PROPERTY DESCRIBED HEREIN IS SITUATED WITHIN THE BOUNDARIES OF LOCAL TAXING AUTHORITY OF CITY OF TUKWILA. PRESENT RATE IS 1.78 %. ANY CONVEYANCE DOCUMENT MUST BE ACCOMPANIED BY THE OFFICIAL WASHINGTON STATE EXCISE TAX AFFIDAVIT. THE APPLICABLE EXCISE TAX MUST BE PAID AND THE AFFIDAVIT APPROVED AT THE TIME OF THE RECORDING OF THE CONVEYANCE DOCUMENTS. AR 38. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2007 TAX ACCOUNT NUMBER: 242304- 9013 -07 LEVY CODE: 2340 ASSESSED VALUE -LAND: $ 1,143,400.00 CLTACMB2 /RDA /0999 ASSESSED VALUE - IMPROVEMENTS: $ 7,608,100.00 GENERAL & SPECIAL TAXES: AFFECTS: ADJUSTED PARCEL 2 As 39. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2007 TAX ACCOUNT NUMBER: 242304 - 9063 -06 LEVY CODE: 2340 ASSESSED VALUE -LAND: $ 2,286,100.00 ASSESSED VALUE -- IMPROVEMENTS: $ 4,099,760.00 GENERAL & SPECIAL TAXES: AFFECTS: ADJUSTED PARCEL 3 CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS Order No.: 1227939 Your No.: 7200 -7300 PUN CENTER N31Y BILLED: $ 99,915.96 PAID: $ 0.00 UNPAID: $ 99,915.96 BILLED: $ 72,844.93 PAID: $ 0.00 UNPAID: $ 72,844.93 AT 40. DEED OF TRUST AND ASSIGNMENT OF RENTS AND /OR LEASES, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: FAMILY FUN CENTERS, TUKWILA LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: PRLAP, INC. BENEFICIARY: BANK OF AMERICA, N.A. AMOUNT: $ 6,250,000.00 DATED: OCTOBER 29, 2002 RECORDED: NOVEMBER 27, 2002 RECORDING NUMBER: 20021127001853 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE CLTACM62 /RDA /0979 HOLDER OF THE INDEBTEDNESS SECURED. AU AFFECTS: ADJUSTED PARCEL 3 Av 41. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: H2 HOTEL, LLC, WHICH ACQUIRED TITLE AS WHICH AND IS IDENTICAL WITH H2 HOTELS, LLC TRUSTEE: PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. BENEFICIARY: FRONTIER BANK AMOUNT: $ 5,500,000.00 DATED: FEBRUARY 12, 2004 RECORDED: FEBRUARY 12, 2004 RECORDING NUMBER: 20040212000321 LOAN NUMBER: THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. Aw AFFECTS: ADJUSTED PARCEL 2 Ax 42. ASSIGNMENT OF RENTS GIVEN FOR SECURITY AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: ASSIGNEE: DATED: RECORDED: RECORDING NUMBER: AY AFFECTS: ADJUSTED PARCEL 2 CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS • Order No.: 1227939 Your No.: 7200 -7300 PUN CENTER NAY H2 HOTEL, LLC, WHICH ACQUIRED TITLE WHICH AND IS IDENTICAL WITH H2 HOTELS, LLC FRONTIER BANK FEBRUARY 12, 2004 FEBRUARY 12, 2004 20040212000322 CLTACMB2 /RDA /0999 BA AFFECTS: ADJUSTED PARCEL 2 CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS Order No.: 1227939 Your No.: 7200 -7300 FUN CENTER WAY Az 43. FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: SECURED PARTY: FRONTIER BANK DEBTOR: H2 HOTEL, LLC COVERS: PERSONAL PROPERTY AND FIXTURES LOCATED ON PROPERTY HEREIN DESCRIBED RECORDED: SEPTEMBER 16, 2004 RECORDING NUMBER: 20040916001066 BT 44. UNRECORDED LEASEHOLDS, IF ANY, RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL - PROPERTY INSTALLED UPON SAID PROPERTY AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. BB 45. TERMS AND CONDITIONS OF THE LIMITED LIABILITY COMPANY AGREEMENT FOR H2 HOTEL, LLC. BC NOTE: A COPY OF THE LIMITED LIABILITY COMPANY AGREEMENT, AND AMENDMENTS THERETO, IF ANY, MUST BE SUBMITTED. BD AFFECTS: ADJUSTED PARCEL 2 BH 46. ANY CONVEYANCE OR MORTGAGE BY H2 HOTEL, LLC, MUST BE EXECUTED IN ACCORDANCE WITH THE LIMITED LIABILITY COMPANY AGREEMENT AND BY ALL THE MEMBERS, OR EVIDENCE MUST BE SUBMITTED THAT CERTAIN DESIGNATED MANAGERS /MEMBERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. BY AFFECTS: ADJUSTED PARCEL 2 BG 47. TERMS AND CONDITIONS OF THE LIMITED LIABILITY COMPANY AGREEMENT FOR FAMILY FUN CENTERS, TUKWILA LLC. BH NOTE: A COPY OF THE LIMITED LIABILITY COMPANY AGREEMENT, AND AMENDMENTS THERETO, IF ANY, MUST BE SUBMITTED. CLTACMB2 /RDA /0999 BI AFFECTS: ADJUSTED PARCEL 3 CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS Order No.: 1227939 Your No.: 7200 -7300 FUN CENTER WAY Bs 48. ANY CONVEYANCE OR MORTGAGE BY FAMILY FUN CENTERS, TUKWILA LLC, MUST BE EXECUTED IN ACCORDANCE WITH THE LIMITED LIABILITY COMPANY AGREEMENT AND BY ALL THE MEMBERS, OR EVIDENCE MUST BE SUBMITTED THAT CERTAIN DESIGNATED MANAGERS /MEMBERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. BIC AFFECTS: ADJUSTED PARCEL 3 BL 49. TITLE IS TO VEST IN BLACKSTONE GROUP, AND WILL THEN BE SUBJECT TO THE FOLLOWING MATTERS SHOWN AT PARAGRAPH(S) 50. Bar 50. WE FIND NO CORPORATION UNDER THE NAME OF BLACKSTONE GROUP ON THE LIST OF ACTIVE CORPORATIONS IN THE OFFICE OF THE SECRETARY OF STATE. IT MAY NOT BE A LEGAL ENTITY CAPABLE OF HOLDING AN INTEREST IN REAL PROPERTY. EVIDENCE OF THE EXISTENCE OF SAID CORPORATION MUST BE SUBMITTED. Bar 51. TITLE IS TO BE VESTED IN PERSONS NOT YET REVEALED AND WHEN SO VESTED WILL BE SUBJECT TO MATTERS DISCLOSED BY A SEARCH OF THE RECORDS AGAINST THEIR NAMES. Bo 52. THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. BP NOTE 1: A SURVEY HAS BEEN RECORDED UNDER RECORDING NUMBER 9505259006. BO NOTE 2: EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50.00 SURCHARGE. FOR DETAILS OF THESE STATEWIDE REQUIREMENTS PLEASE VISIT THE KING CLTACMB2 /RDA /0999 • CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS END OF SCHEDULE B Order No.: 1227939 Your No.: 7200 -7300 PUN CENTER WAY COUNTY RECORDER'S OFFICE WEBSITE AT WWW.METROKC.GOV /RECELEC /RECORDS AND SELECT ONLINE FORMS AND DOCUMENT STANDARDS. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: ADJUSTED PARCELS 2 & 3 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9806309017. CLTACMB2 /RDA /0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) SPECIAL EXCEPTIONS CTI /SCOTT SMOUSE 701 FIFTH AVENUE, SUITE 3400 SEATTLE, WASHINGTON 98104 SCOTT SMOUSE 1/0 (206)628 -5693 H2 HOTELS LLC 7200 FUN CENTER WAY TUKWILA, WASHINGTON 98188 SCOTT HUISH AND JOHN HUISH 2/2 (425) 917 -7502 Order No.: 1227939 Your No.: 7200 -7300 PUN CENTER NAT BS THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT: CLTACMB2 /RDA /0999 CHICAGO TIM,. _ 1SURANCE COMPANY 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 IMPORTANT: This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. PTN. OF THE W '/z OF SECTION 24 -23-4 NY 1 1 PHONE: (206)628 -5610 FAX: (206)628-9717 • MAP /RDA /0999 ' n . EXCLUSIONS (Cont'd.) 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALTA LOAN POLICY FORM (10 17 - 92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separa- tion in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encum- brance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is con- tracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Branch :GOK,User :BLOE Recorded at the Request of and When Recorded Return to Gary M Kirk, Esq Lane Powell Spears Lubersky LLP 1420 5 Ave Ste 4100 Seattle, WA 98101 -2338 Subject only to encumbrances of record. 115268 0007/824832 1 KING,WA Document: 2001.0719000293 Comment: 2001 WI 001 OF 004 11 00 '719000293 07/18/2081 10'58 KING COUNTY, UN E1830159 SALE $ PAGE 001 OF 002 QUIT CLAIM DEED t ] 30 1.51 Grantor: Huish Family Fun Centers, Inc Grantee: H Hotel, LLC Abbrev. Legal Description: Adj Parcel 2 Tukwila BLA #L98 -0028 AF# 9806309017 (complete legal description on pages 3 and 4 [Exhibit A]) Tax Parcel ID No. 242304 9013 THE GRANTOR, Huish Family Fun Centers, Inc , in consideration of a contribution to a limited liability company, conveys and quit claims to 11 Hotels, LLC, a Washington limited liability company ( "Grantee "), the following described real estate, situated in the County of King, State of Washington, together with all after acquired title of the Grantor therein SEE EXHIBIT A ATTACHED HERETO AND BY REFERENCE INCORPORATED HEREIN HUISH FAMILY FUN CENTERS, INC By: /17 -tT h Its Station Id :EGU RFCEIVED MAR 232007 COMMUNITY DE VELOPMENT Page 1 of 4 Printed on 2/13/2007 7:22: I AM Branch :GOK,User :BLOE DATED KING,WA Document: 2001.0719000293 STATE OF WASHINGTON ) COUNTY OF KING ) ss Comment: Station Id :EGU I certify that I know or have satisfactory evidence that JOHN HUISH is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the President of Huish Family Fun Centers, Inc , to be his free and voluntary act of such parties for the uses and purposes mentioned in this instrument a ?da / O '6 . 4;;T•• 4- 4 1 's Pnnt Name - — �OTAp, ti NOTARY PUBLIC for tS to of Washington, residing at the jI,C Wa II * . M � � * cPP.. 'O t/8L1G • C a� # 47: . WASts% " 115268 0007/824832 1 2 My appointment expires Page 2 of 4 Printed on 2/13/2007 7:22:05 AM Branch :GOK,User :BLOE Comment: Station Id :EGI KING,WA Document: 2001.0719000293 EXHIBIT A Legal Description THAT PORTION OF THE WEST HALF OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE 2M -LINE OF PRIMARY STATE HIGHWAY NO I, GREEN RIVER INTERCHANGE, ALL AS CONVEYED TO OR CONDEMNED BY THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS 5499612, 5507291, 5510773, 5503778, 5536582, AND PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT CAUSE NO 596089, STA POC (2M) 134 +28 56, WITH THE ALINE, STA POT (A) 102 +8212, AS SHOWN ON THAT CERTAIN MAP ON FILE WITH THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION LABELED SR 405 GREEN RIVER INTERCHANGE RIGHT OF WAY STA 99+00 TO STA 120+00, SHEET 2 OF 2, APPROVAL DATE OF JANUARY 30, 1962, WITH LAST REVISION DATE OF DECEMBER 31, 1992, THENCE NORTH 42°30'02" EAST ALONG THE CENTERLINE OF SAID A -LINE, 88 55 FEET TO STA 103 +70 67 OF SAID A -LINE, THENCE NORTH 47°29'58" WEST, 60 00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF SAID PRIMARY STATE HIGHWAY NO 1, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, THE RADIUS POINT OF WHICH BEARS SOUTH 47°29'58" EAST, 163 00 FEET DISTANT, THENCE NORTHERLY, EASTERLY, AND SOUTHERLY ALONG SAID RIGHT OF WAY ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64 °48'29" A DISTANCE OF 184 37 FEET, TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE ON SAID CURVE THROUGH A CENTRAL ANGLE OF 22°45'54" AN ARC DISTANCE OF 64 76 FEET, THENCE LEAVING SAID NORTHERLY RIGHT OF WAY AND BEARING NORTH 24 ° 09'32" EAST, 41 99 FEET, THENCE NORTH 65 °34'09" EAST, 149 44 FEET, THENCE NORTH 54 "43'56" EAST, 207 60 FEET, THENCE NORTH 33°14'15" WEST, 25 64 FEET, THENCE NORTH 53 °52'52" EAST, 93 41 kiwi , THENCE NORTH 17°03'48" EAST, 53 441: 1, THENCE NORTH 17°49'32" WEST, 49 22 FEET, THENCE NORTH 48°58'55" WEST, 20 06 FEET, THENCE NORTH 20°08'22" WEST, 44 35 FEET, THENCE SOUTH 69°51'38" WEST, 24 62 FEET, THENCE NORTH 17°22'51" WEST, 105 07 FEET TO A POINT OF THE ORDINARY HIGH WATER LINE OF THE GREEN (WHITE) RIVER, AS IT WAS MAPPED BY BARGHAUSEN CONSULTING ENGINEERS, INC ON AUGUST 11, 1997, THENCE ALONG THE ORDINARY HIGH WATER LINE OF SAID RIVER THE 115268 0007/824832 1 3 Page 3 of 4 Printed on 2/13/2007 7:22:06 AM Branch :GOK,User :BLOE Comment: Station Id :EGU FOLLOWING COURSES AND DISTANCES SOUTH 77°30'00" WEST, 3 45 FEET, THENCE SOUTH 72°00'00" WEST 80 00 FEET, THENCE SOUTH 71°30'00" WEST, 55 00 FEET, THENCE SOUTH 79°20'00" WEST, 70 00 FEET, THENCE SOUTH 69°00'00" WEST, 85 00 FEET, THENCE SOUTH 66°40'00" WEST, 55 00 FEET, THENCE SOUTH 70°00'00" WEST, 15 94 FEET, THENCE LEAVING SAID ORDINARY HIGH WATER LINE AND BEARING SOUTH 22°01'42" WEST, 229 49 FEET, THENCE SOUTH 22°58'18" EAST, 166 10 FEET, THENCE SOUTH 64 °48'08" EAST, 590 FEET, THENCE SOUTH 21°14'11" WEST, 38 16 FEET TO THE POINT OF BEGINNING ALSO KNOWN AS ADJUSTED PARCEL 2 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO L98- 0028, AS RECORDED UNDER RECORDING NO 9806309017, RECORDS OF KING COUNTY, WASHINGTON 115268 0007/824832 1 4 KING,WA Page 4 of 4 Printed on 2/13/2007 7:22:07 AM Document: 2001.07190002 93 20000329000868 Branch :GOK,User :BLOE Return to: Family Fun Centers Tukwila LLC 7300 Fun Center Way Tukwila WA 98188 I Corporation Quitclaim Deed I THIS POEM IUOM INED sw TRUSTOat aicuMTY asavlca FOR A VALUABLE CONSIDERATION, receipt of which Is barely ack6Owledbed. HUSH FAMILY RN CENTERS, 33C., a California oOrporati,cn OD • corporation orasnIged under tie lairs of dor state of Coallfor Jw 0 c hereby REMISES. RELEASES AND QUITCLAIMS to co FAMILY PIN CEMERS R[It3t71A, LLC, a Washington Limited L4 a,i 1 i ty corporation ply in Ming may, state of Washington, described as SEE ASRACI 'A' Tax Acct. Nos. 242304- 9092 -01, 242304- 9013 -07 6 242304 - 9063 -08 Ptn of Gov. Lots 8 and 10 and vest 1/2 of Sec. 24 -23 -04 and of vacated Blocks 12 through 15.. inclusive and the streets adjoining. Gundaker's Interurban Add to Seattle OLD R TITLE LTD 316 In Witness Whereof, said corporation baa calmed its corporate mama end meal to be affixed brats sad this lmtrane t to be emoted by its Pratdeot sad tbreaat, duly autborlaed. Secretory Datedt I y/ZOD d Stel el • Canty el On was me before me the -+1 571 1fLF1 ah eq 0 pnsamM Mown to me . proved to me on the Oasis a ssbdacfay *valence to be doe Declares) ate executed the twain msuument as or On behalf m the corporation Maven VAT t smotamadttes to me elm me corporation exseused s 7 PA.R.CUA GARCIA Cc..n.van, 1147450 \7 yr^ ? ego Co.nie "o.e, Jul 1t 2001 KING, WA Document: 2000.03 29000868 E1743615 Comment: Station Id :EG iumuumiu farkr 1 " 7101 - 1 AI M. PACs 001 OF 002 President 0 4^ 1 , i. 1-�u'SN RECEIVED MAR 2 3 2001 DEEVELOPMENT Page 1 of 3 Printed on 2/13/2007 7:22:13 AM Branch :GOK,User :BLOE CCI tea 0.1 • C- m LJ (V KING,WA Document: 2000.0329000868 Mg= Thsl moon of MO Wail MM of Section 24. Townahp 23 North. Range 4 Eatt, W Kin County. WesNagan, bag roars pardeolany Malmo M foeoe c Commenting mine timersection of t 2M.Uiie a( PNnm7 Mane ►egteny Na 1. Ghee area a ,undeeKain County to 54NOS 499012, 55072 w 91. 111107•73. � f1Y 5503779, aro protaonps ends King CotAy superior Cass Cora No. 311099. OTA P9C (214)134 IC, dm me Prl ir, OTA POT (A)102.13 es shown on that cannon rMp on file with the Slits of Washlnaton DepMnwd of Tmnlpadidon libeled SR 403 Oren Rivtl (frtefrsimge RIgI eofiesy STA *MOM p STA 120.00, M •et 2 M 2. epiioYU date of Mwery N. 11102.101) h r rerlsion Waa of Dacerooar 31. THENCE Npfp1i2WQ02• East along the onnanpe of sad AiJea, 39.93 feet to DTA 103+10 07 of ate A -11ne; THEME Moon armor Wed, 50.00 Kett IS a 00113 se MS Nordielh tlgM-0Way of read Pdmafy San Hlgna try No 1, sad Point pease get be9410119 of a tune amass to the eoutlf. *Sows radio point beers Clam 47•3002' West 133.00 file distant THENCE Nalwlf. Numb Mee sarvery sass said 11Ight-oSussy. on Ole use of sold Curve dewgh a carbal angle of 11•3421 • Osumi of 249.13 few ache True Point of floolsonth ntlesk 9 at the Ire of sato cant trmpn a central a ole of t'22•20' e aetsnee of 9.90 feet D a point apposite ETA PT IA) 10640155 of SNt Mine. and t0 feet distan2 THENCE candru ttg along iM N0 4ireelfe 100 HEd df 0004#101 of aid MA* me Mown ogress and Snap= south /rarer East 115 70 feat THENCE Norm e1z42e' East. 05 021eet THENCE south oe•E14' East 00.00 teak THENCE Saudi 1T41'57 West. 2584 tett to 9e be92111210 of a rtcn4hiQant tare concise to the None, whoa new pole basso 1ta9117'41'13" Ewe. 102.00 feel dem THENCE Easterly along the arc of said Cams dvough a central Ingle of 21'337'4' e alliance of oe 73 trig THENCE Hann 5COS'4r E01.132.73 rent THENCE Scam 23 Secondary Sao Highway No d 1edy kraal PEDIES erH of Reed No 11933 as commyed le 1010 Costal Is Deed ttooldad meet Keg County Recordlhg No. 211•425C THENCE Nate mir45' East along Said No llareelahy Illgtokolgael.462.07 feat to be ansrsection wall **Waft metpbt of 3 0 realm Aghloferay conveyed to Chicago. Milwaukee and et. Plod Pansy Company by Deed recorded under Kb9 Cooney Rounding lam 453142 sod 913370; Thus* Horsey mons said Wes Lingle end aid Wes SWIM edadso Nonhwnteoy earnests* tea esrra9ne of said RaiSead a 3s aie.eadsn atm the restedy eldendoe of to be.naeni one as ealnnlnd by Irfi9 Count' tsuperlor Cart Cause No 725392; THENCE Sous 48 Were along aft Roendaip Lbo lasrlon.13407 feet se to MmaWon r.i0i • gee dot Kies 200 rest SOtrdimsany of and wa1M erE the 0aterane of the Northam Piano Raga ; THENCE Mann 33'34•5* Well mom seed Pan1W the 20 091340. to ks point of interne s'Lh the efnnary M) wear Ina Of MS Gam (WItha) River, as ewes napped by Eagna Men Colsuttrg Eagaaleefs ig Sic on gue 11, 5997. THENCE sag die atpMly nigh water Ina dam Mir ate foaming corns ins distances' Satan 33•20'00' Wean, 91.43 feet THENCE Boom 77'3000' Walt, 3300 Kest THENCE Month 74'0000' Wes. 30 00 MK THENCE SoutpT1000' West. 01 511 hat THENCE Meebig eel Ordinary HO Winer List ono t beam Soave 17'2211• Eas. 103 07 feet, THENCE Norm srs11r East. 24.112 fah THENCE South-20'0122" East. 44 33 Inc THENCE Baum 40'111111' Meet 20.01 feat, THENCE Borer 17•4092' East, 4922 feet TIME souih77'or4rwa .67.44 feet THENCE South 83'n29? West 93.41 het THENCE 600133 14 r East. 29.04 feet THENCE south seaei ' West 207 $D Nat THENCE Scan 39'34'09' West. 149.44 feet THENCE Sank 24'0972' West, 41. Met to the Point of flogeeCf MEMO 10rOWN As Aoptssd Parcel 3 of BounCMy Lin ACfawrwit rte 1.93-0023. maned order RecaOYq No. 01100300317). AU. SITUATE In the County of Khg. Stets of Wsaheston Comment: Page 2 of 3 r Printed on 2/13/2007 7:22:14 AM Station Id :EGL Branch :GOK,User :BLOE KING, WA Document: 2000.0329000868 TO: King County Recorder's Office Comment: Station Id :EGUI I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature of Requ ttor Page 3 of 3 Printed on 2/13/2007 7:22:15 AM RECEIVED MAR 2 a 2001 COlviu: DEVELOPMENT abort uraiaam, Ion , e 0e0. uV 1„c a..sea ul22 -8 st�.iroad_77 �J A T j ...,., :I ?:p , 1 ' Y i ly '� f TEt,'.. Qfl iittl a �: ..al �'l� ..:J� COUNTY 1'�: 1 ,' iV�� wa .�...1.�. �.1 �'.. Orered. ostab as fols : Com at the intersects of roods No ` T4`f y to the S 25 n r 4 o w m, rg th 2, �. :±afar road on the N line of the am sec n the blue print 60 ft in width 21 cr t. 101 and 776, in _sec terminus of the `aiaes 2, and as shown rul 'x0 -l6 re vactn portn plat 21 or 143 The petn of Frh.nl: McDermott and others for the vaca.tior1 is a I . , t„ of the 11.t of Inglesea, Lid with the bd. Jun .7 1918, and set down for he: ::ring for Jul 30 1918, at 10 ti':c:loci. a.m. coning on regularly to be heard; same was taken 1•- and duly considered, and. i t ap osring to the bd that due Y .rI su }f .c ient me of hearing had been gn by publication Ll the official co peeler, and the report of the co engr elhg 4erl favorable, sd petn was by unanimous vote of the bd, .ranted, and the f of d:es p, ortil of the Mat of Inglesea dot -d vacated fr and after this dt: Lot 3, the S1] of the NE, and a strip 120 ft in width, to -uit beg at the NE cor of the SE of the I1Ei . th Id 120 ft; th ►d to tho meander line, th S - al the meander line to a yat of the pl of beg; th. E to pl of .beg, including the tide Lands in front of and adjacent thto, all of sd lands teinr lot in sec 13, to 23 n r 3 east u w all in kew The reason for ed vacation is as fols: That in order to malt.e the same practible for use and also for sale, it will be necessary to divide sd pty into ~ t' different .1ocatiO?l3 for streets :?1'5::�'t^]:�Ya {� '3' 1.�C3d : .OtS, with aad `alleys than as cosltd in the orient plat Jul V0 -18 in re lease 21 or 143 The tm having :arrived for the opening of bids in the matter of the leasing of that pertn of land lying immediately N of Ling County Industrial Tracts Nos 2 and 3, not leased to the eon : .. , ny, same was to en up, and on i�u� Seattle Veneer & Box °��� :;;:action the bid of i A Stanton and John A Gilmore, of ;; :360 per year, for a tern ::•f 5 yrs was accepted, and lease ordered c' raven 21 or 148 u ✓ RECEI 2 MAR 2 3 com DEvELOP Ang 5 - Vactr part of road The petn of Fred. nelson and others for the vacatIon o part of co road No 8 fld with the bd. Jun 11 -18 and . sot down for hearing Jul 29 -] , said hearing having been adjourned f fr tm to tm, coaling on regly teo be heard, same was taken up and fuli considered, and it ap e wring. to the Id that due and sufficient ntc of hearing had been gn by pullication in the official county ;gaper, and by the posting of notices at either end of the road oat - to be . 'Vacated, end it further ap;Jering that a new road has been improved to the sate of the co engr to tale the place of the one souf°ht to be vacated, it was on motion - ordered. by the bd that the fole• co road. . 21 or 148 -2 be aeii it is ihb : v c .ted, Provided that the petnr pay to the co the sa;ae amt of xao;iej, as was paid hi. at the time the right cif :ray for ea road was scoured, and provided further that the Pacific To1e;hone and Telegraph Company's '9ol +3s line he continued in its present location during the life of its poles: Coin at a pt on ad road no 8 in govt lot 10 sec 24, tp 23 n r 4 o w m 90 ft m or 1 'Ely fr its intersectn with Road o 1050 rg th Illy to a pt on road. Bo 673 in sd lot 10 Aug 5 -18 Be vacn part road 21 ar 148 The pets, of Fred Nelson and others for the vacati,n of part of co Rona No 6122 fld with the td Jun 11 -18 set down ibr. . her.rtx.,g for Jul 29 -18, sd heering having been adjourned fr tri to tu., coming en regly to to heard, same was taLen up and fi 1y. considered, and it ape ring to the td that due and suf. ntc of hearing hoc' been gn by publication in the official county paper, and by the posting of notices at either end of the roa..e; sought to be fracated, and it ap . , earring further that a new road has teen improved to take the place of the one sou„ht to be vacated, it was on motion ordered by the td. that the foig co road be and it is hby vacated, provided that the petnr .,ay to the county the ;a..je amt of money as was Paid him at the time the right of way for ed road Was secured, and ?;c'o';i.r.Led furt that the aci±ic Tel ♦ & Tel. Co's pole line a .on said road be allowed their present settings &urine. the life of ad poles when the company will rebuild their upon the new hiz !, Co :, at the end of the Old Renton Junction .Draw - Bridge in Lot 10 sec 24, to 23 n r 4 o w il; rg th . Ely to road No 1050 a t l i a t of :1,/8 mile more . or less (If ueed to to written fnoi:, record) In the :Matter of Drainage i p t Dist No 7 of . c petnd for by Carnation Stock Farms, et al The bdrios of sd diet being as fele : Oom at the SE oor of. sec; 7 tp 26 n r 7 east z m th lily al the .i, bdry line of 330 7 to its int'ersocGn w _Lh the S bdry line of the TJE,'" of the TIE)e ,f sec 7, th Wly al ::d 'dry line to its intersection with the W bdry of the...I1E of the BE of sec 7, th My al sd bdry line to the fl bdy of eee 7; th Bly's,l the E bdry line of the W of the S3 .;; of sec 2 6 ed tp andd renge to its interseatn with the 11 bdry . line of cad $EY th Wly al sd id bdry line to the SEIy 1i of the r of w of Chicago, :i1waul;:ee & St. Paul failaay Co t%1 folp Jd riRRht of way line_ in a S4 ly d.irectri bo its �_,�e see ,,i ►,: ne ,Id cry line tr_ a.. of the � of the Sit,: {{ I � Ny 'rj.L eco .. -. . , to 26 r 6 ,_ w m; 1..1 Ely al sd N t ry lino to 1.t3 Order dstablishing 21 er 161 drainage diet, fixing route, and plans of drainage system Ceti Sesement Jain 20 Lii5.3 t ie if • 1)00 3:95.2 L. ki P Nielsen end Idere;a:retRieleen hwf, • 6, to PuOtSoimitPoinuti Light C01:12:qny 44'4.8011 corp es as 24240 T1.7t center sly from itscen sly to a pt Chi. 00 ft() • :::11;114“11 togeth wt fa ttl rig rgh exploalvca-- b , c* Gee J. 193k, t , RECEN MAR 2 3 1007 Litttp porta of olt lots 8 andlO see Z4,t =nr4 elaid f: COM t thtP pt of intlnseetzt of the oil :LIU if relit cqunty rOe4 ro 8 otd. the All line of the r io Of the 1? Oompany's ry line to. Pentla„ well 404 i$ 1006.86 ft alnd coot of a ton. iaob plap1:3 tree ..5VIndities 4 this sly linc• I` th Ma te .14 Vier cotinty rood, '131 13 /4)11th:of t rio 1i #1* 1 wiry mottzir !')0 No 46, from sd, ?t at 1:10' the b4r es rin wly' el the /ay it Of P SF Componro ty line to 944,t1n, 8b1.5 ft to • it ln the wly 11 of theorthfrn 1 min line r/w; th nmly 61 the wly lt of 41.:1 P Ity 10/w. 307, ft to a lit in the sly 1.i ofed co road no 9; th ssly al tle *Ind1nc al,T.r 11 uf co nand. UC, 3, 4S7 ft; th go 15i Dag *est el the. •r.ly II °fad co road Mu B,, 172 tt bock to the pob; There la exOln4ed from thia tt the riler thonicego, and1:31;tal Pat:lroad rg thru the sly acrt f this tt tiOg t 41 pt th o rto 11 ofd tt DO ft 11 pr stiCbleago, 1 1.!'retoki th lyeso iv °fed tt, ft lily or *enter offtd trtic,k; L , VIE) r:L-iit et a :11. tivat — re cuttinix trees, ctc, rele,t1f:or t p . form 1 Li 2 ialtierk rga son by IL, L Vte.lelen also kn •,te Ntileen end bar •; tip ot n roe t ns 3reb 3.36 Li 1''rov 215-Z8 t'ny 11 -37 $100. ?tigrnt Sound 2OWear & J4i ht Company, a Kass tore to ti.P.Aiolaon l g b M d to ap hie he the fdre nit in the V. o f r , ; of Se!eo 24 Tp 23 nr 4 eat kow to -wit leg at the interetn of the Black River Jaetetion4Renton rood IFith the margin of the slut of Sound $1sotri r.. Railway rt of way 4 Letiton J'rnneh, th sig eA margin of the -*et Sound Nieatricl fly rt of Play, Hendon Branch to its 1 mte r s to with the A m er i n of the Cbarles '4onnter road survey No Pb16 zh aly *lg the i i . rgin of ad berlse monster raed to the x margin of the .! Sound Lloetrie Railway rt of y Renton Branch, th nely elp the 'a margin of ed Rly rt of wily to Ito interrstn with tho 'T marmin of the 31eok ). liver. lunation-Renton road, th rely alg thee N margin. of ad roar: to the pob stub J to tht certain permit g a by s'u !et gourd 1eotria 4 iy to "hirago gilwmukee and St, Paul R tilr yy for rly rt of way ltd j ul 18-1907, The 'tor hby reserve* to i r ive l f , its see try a o v el u i to rt to maintain, operate, eonttruzlt and reconetruct n trensn.i sstor. In rid lines wtanrci st1n. of p- o , towers, aroen -arrr, w;.rer and nppurt over and upon the tt ot 14 above dee Co v Ltd to :r by thr;i or eur. or ed fp fend lot otharwiee i h; ed fp has oetiged its eorp no and el to bt hunto subs mid ef''ad anti the p,reo to be e2e by its proper of re thunto (Way rout h et Bound Roger . Li, ht Co 21y 5. P.kacredden, .` .'ryas ^orp el 1 &t.ti' D. J. ` orrrinoe A yes kew ,: :may 1a -37 by L ,. .1 etel adden dr:d D. J.z orrvvnoe, V :'rats and : eo reptvly of ? P & L Co the Otero (*f) t of L..:.X.arrer n -f r !w r s et a ne !eh iC -"iii' (1 `3TC0) RECEIVED MAR 2 3 2001 COMMUIVI I Y DEVELOPMENT XCN OK M sp1241RUnion) RECEIVED MAR 2 3 2001 COMMUNITY DEVELOPMENT amt Oct 26 -56 Sep 27-56 al. .55 irex :50 s tx (Tax pd Jacob Nielsen and rlurien Nielsen he to The Pacific to T lepton and Telegraph C0 any, a ooz p An esmt is: hby granted tg sp • -- sm 4.11 47'43156 The ptn of vao Renton Junotion Road 0673 (kn also as James Nelson Road, Bond Issue Road 4814 and as S 153rd St) lying V of Chioat<go,Mxl& St. Paul and Pt:,oif2.c Railroad rt of tray and ! of Co road te (kn as Charles Monate* Road) zap ao Y roo is 8 and 1 U xn the SW of Se a 24 -23-4 3 aid the ptn of the above vao ramd lying bete. the Chioago MU St. Paul and Pao Railroad rt of tray and Nor Pao Ely rt of way in aid Lot 8 Sea 24 - 23 - The gtee shall have the rt --- 15 ft - -.. 15 ft x MAR 2 3 2001 . ;?+ RIVER PROTECTION EASEMENT COMMUNITY f: DEVELOPMENT 5353689 of the first part, does hereby, in oocla.deration of one dollar, in band paid, the receipt whereof ia• hereby acknowlodged, GRANT to the County of Kin3, a Municipal Corporation of the State'rf Washington, party of the second part, the right to construot and maintain a rip -rap bank - protection -and remove debris along the . bank of River, on the following described property: • 044111 0164! rd Tie OF '.•'ASHINGTOj•I) s COUNT'.-' OF KING ) -Gb r;r1A� —• -- - 7T reasonable aeeess necF•ssary for River Imprcvement a,crk. •artio:. h::r;unte have subscribed their nala� y ' - G >i. iiLr.r'- a:.'i souls , !):1 this ! ' . day of 1 )� } r /ice •�c1 /et t iC ( 1 1 . . I,:. 11 I. 1 �� f f ' M u,niil�iandri n.. ,■ :.1 0. ! .. ' nf Cc:,n1y C , . ... (.rp,n •iii :>r `. _ r,.,,j . RECEIVED 1'i;i s in t) certify that on ti1i1 f y �� .- -day of ` e . bolero !na, the undersigned, a Notary Public in and fcr the State of Wa•ihtngton, ..$uly comet ssionA and sworn, personal came to i..e Known to bo thu indly uat 5 who oxccutod the within (nstrumorit, and +rcl.nowledged to me'that e4/ signed an4 scaled the same as 72:e. and voluntary act and d6ed for the uaos and purposes thorn mentioned. : :ITNESS my 'hand and 8.7:d1 tho day and ypf; I n )his cortlflcato first u1).. v) montionod. — nterk Fiat c in .and or � WaSh'ington, residing at / ' 5552672 roadway easement The undersigned gran for valuable consideration, i k ieceipt of which is hereby, acknowledged conveyancd quit claim unto ,FRED NELSEN, a widower, grantee,- an •easement over, across and along the.following described property situated in the County of King, State of Washington, 'including any interest therein Which the grantors may hereafter acquire: ;` A strip of land twenty (20) feet in wlin . Government Lots 8 and 10, Section 24, 'Township 23 North, Range 4 East W.M. within vacated Renton Junction - Renton Paving Road No. 1139 vacated by order of the King County Commissioners entered March 22, 1943, in Volume 41 of Commissioners' Journals, Page 195, being an existing pavement roadway in part. and an existing dirt roadway in 'part beginning on the southwesterly production of the westerly line of a tract conveyed. to.gra.ntors by deed recorded under auditor's file No. 3022849 and thence running easterly within said vacated road through the ninth aisle west of the.first .\ concrete pillar west of the Chicago - Milwaukee and St. Paul Railway right -of -way, s aisle being - formed by the understructure of the State Highway overpass for Black River Junction - Renton Road (Secondary State Highway No. 1 -L) as conveyed to �� King County by deed recorded under auditor.ts'file N. 2919485; thence through a tunnel under said Chicago, Milwaukee & St. Paul Railway right -of -way and tracts to the west line of the 100 foct right - of -way of the ;Iorthern Pacific Railway Company, for roadway purposes over, across and along the said real estate. Th.s conveyance and easement snail be a covenant running the land and shall be binditit, on the grantors, ;,heir heirs, .::: :esaorn and assigns forever, and the grantee's rights hereunder i:ay a ..ra:'ts. erred to a: person of whatsoever nature. STATE Or • li4}VJ11-l: . 1 M COUNTY OF Amur- ?, AOGI' /rat under ti �t3C qer, 19':■2 DATED this ..j day of December, . 19. 2. 17140 5i9.4.=.; :, Tom(„ • ! 2 �' 1963 On this day personally appeared before me JACOB dIELSr.:I ,a:.d !-AitIi I;LELSEN,, his wife, to me known to be the individuals described in and wh. executed the within and foregoing instrument, 4nd a,2knowled ed that they signed the same as their free' and voluntary t t Thud deed for tnc uses and purposes therein mentioned. my hand and official seal this �d day of • ••1 tar keco•d v/ 7 )9 3 8 •M. Re"-•s; • 1, e Compny PC:iil f A MORRIS .CouahtAuai ► w. Rot �n 4darien :.Ielsen, r►is ;tire c an or the of ashington; residing at l lie :ue. ra) 5769188 walter bridges 18647 77th Ave. South Kent, [Washington 57G^188 Blue-print on Hie in ROADWAY EASEMENT VISIt• WHEREAS, the undersigned Grantors delivered an instrument styled "Roadway Easement" to one Fred Nelsen, a widower, which instrument was recorded with the King County Auditor, under his Receiving No.. 5552672 , on the 7th day of 'March , 1963 , which Easement was dated December 30, 1962; and • WHEREAS, a portion of said easement has become unusable by virtue of said Grantors, and Elsde V. Bridges, the Executrix of the Estate of Fred Nelsen, Deceased, agreeing that the State of Washington might fill earth on top of a portion of'said easement as more particularly provided in an agreement between the' last named parties filed in the Superior Court of,the•State of Washington for King County, in its Cause No. 610248 or in the Washington Supreme Court, Cause No. 37399; and WHEREAS, said Nie1 desireu 8e 8 X ey s8 O f.Estate.of Fred Nelsen, Deceased,/ Whitt �n su rorgtne portion of the said 1962 Roadway Easement that was made notusable, NOW, THEREFORE, the undersigned Grantors do convey and quit claim unto Eleie v. Brigges as Executrix of the Estate of Fred Nelsen, Deceased,/ , tthn tk €ee, t °r dOM a a i ngi nd along the following described property situated in the County of King, State of Washington, including any interest therein which the Grantors may hereafter acquire: 1. ,nt 1:.1 did In Vault. 4562 PASE191 A strip of land varying in width from approximately 14 ft. to 8 ft. in Government Lots 8 and 10, Section 24, Township 23 North, Range 4 East, W.M., being now used as a cow path and farm vehicle roadway, beginning on the north margin of an existin pavement roadway within vacated Renton Junction - Renton Paving Road No. 1139, vacated by order of the King County Commissioners entered March 22, 1943 in Volume 41 of Commissioner's Journals, page 195, described in said 1962 Roadway Easement, approximately 10 ft. north of the base of the most northerly line of pillars to a bridge for State secondary highway No. 1 -L; thence westerly north of said line located approximately 10 ft. north of said pillars to the second aisle west of the concrete pillar located near the west line of the Chicago - Milwaukee and St. Paul Railway right -of -way, said aisle being formed by the understructure of the State Highway overpass for said Highway No. 1 -L; thence through said second aisleway to the north line of the said 1962 Roadway Easement. This 19b3 easement is generally on the attached map. This easement shall not unreasonably conflict with the Grantor's use of the cow path and farm vehicle roadway and the Grantors shall close gates across said easement to contain their cattle but shall allow Grantee's use of said roadway easement at all reasonable times. sh,mn This conveyance and easement shall be a covenant running with the land and shall be binding on the Grantors, their heirs, successors and assigns forever, and the Grantee's rights hereunder may be transferred to any person of whatsoever nature. 'DECEIVED MAR 2 3 2001 COMMUNITY DEVELOPMENT .4552 X192 By the acceptance of this easement, Grantee abandons the .portion of said 1.962 roadway easement that is unusable by reason of the earth fill being done by the State of Washington on a portion of said 1962 roadway easement. Dated: May .j', 1964. STATE OF WASHINGTON COUNTY OF KING rift.I< p ail • 71100 101 KsCuN R epurl o11,/r ROBERT A. MORRIS. Coolly Xj,p,,, ss. �3l ue- rt i 011v. a aB. JACOB, NIELSEN J 7f zz • N IELSEN, h s wife On this RS day of May,h1964, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared JACOB NIELSEN and MARTEN NIELSEN, his wife, to me known to be the individuals described in and who executed the foregoing instrument and acknowledged to me that they signed and sealed the said instrument as their free and voluntary act and deed for the uses and purposes.therein mentioned. WITNESS my hand and official seal hereto affixed the day pr in this certificate above written. PUDL r 2 i '= Noy Public in and for the State of Washington, residing at Bellevue Blue -print 2 . On file Ir. Vault. . Title STATE OF WASHINGTON, S9. fO01447t1L R01! to t THE GRANTOR , PUGET SOUND POWER & LIGHT COMPANY a VOL 453,6.16/6.5 Washington corporation, for and in emisid cation of to •clear title to real estate vet's and quit dalnse to JACOB' N I ELSEN and .MAR 1 EN N I ELSEN, the following described real estate,'situated in the County of King 3tat of Washington including any interest therein which grantor may hereafter acquire: T hat tract of land s and lying and being in the north one - half of the southwest one quarter of. Section 24, Township 23 north,' range 4 East W.M., to -wit: Beginning at the intersection of the north margin of the Black River Junction- Renton Road with the south margin of -Puget Sound Eiectric,Railway right - of - way, Renton Branch; thence easterly along said'couth margin of the Puget•Sound.Electric Railway right -of -way, Renton Branch to its intersection with the southerly margin of the Black River Junction - Renton Road; the south margin of said road to its intersection with the north margin of the Puget Sound Electric Railway, Renton Branch; thence westerly along the north margin of said Electric Railway. to the intersection of the north margin'of said Black River Junction Road; thence along the north margin of said road to the south margin of said Electric Railway and point of beginning. his wife, (Continued on the reverse side and by this reference made.a part hereof) IN WITNV Ifi (said corporation has caused this instrument to be executed by its proper officers • and its romans • to bd� affixed this / 7t' day. of L "ce.'aher ,_ 1963. x7q;.i3 ,f :o ff Rk1GET SOUND POWER & LIGHT COMPANY ATTEST: .tit �� } � ' " _ .., k 9 - • k `c` `, BY P 6 r . 4.. t • L CL(4.[t yyyyyy��{yyyy • :T.cU. en.GrflpF. . Ti Officer J1dHfd(tnX , County of w; i rt On this it, -7i/ dayY +.;gsh�r� t; ••;3 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared d.»r.;: ..ALC•i . and H. Kr." to me known to be the • "i President and ASS .I t tan t Secrttary, respectively, of PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to .be the free and act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that . c... itapd) rp authorized to execute the said instrnment and that the seal affixed is the corporate seal of said t erp had and official seal hereto affixed the day and year first above written. A, `.: •r ri !rotary Public in and for the State of Wishinglon, ,ending at 3.;,t..tap RECEIVED MAR 2 3 2007 COMMUNITY DEVELOPMENT • T06ETHEK•.YITH: . awry tigflt; title .rnd interest;: if of :tM Puget .Sound Power. & • Light • Cothpa'ny i n: end to eny port fon of Renton • I naRenton.. * P.avempn.t County C)• Road No".• 1139 svaCate.it by order of Ki - ,County. Comme!,5.$ionefs entered. March. 22, 1943, in • ... Volume •Com lssloilers Journals, Page 1.99, adJoining the tract of first here- ;.' inabove described: 1.1 SUBJECt TO: That certain permit given by the, Puget• Sound Electric Railway to the Chicago = Milwaukee• and St. Paul Railway for railway right- of- way :dated July 18, 1907; SUBJECT TO: The right of King County t� construct andmaiantain a public highway over and across a part of• the above described tract of land the Black River • Junction- Renton Road (Secondary State Highway I -L):• SUBJECT TO: A certain permit given by the Puget Sound Electric Railway Company • to the Northern Pacific Railway •Company for railway` right -of -way. RESERVING to grantor,' its successors and assigns the exclusive right to maintain, operate,. construct and reconstruct a transmission line or lines consisting of poles, towers, crossarms, wires and appurtenances.,over and upon the tract of land, above described. • 4 , 5760092 easement fred nelsen elsie bridges puget sound and light company THIS INDENTURE mada'th.j 2St>s d4y of'I? 1964 by and between ELSIE V: BRIDGES, the duly appointed, acting: and. •_qual'i'fied'' of the Estata•..of ZrI;ED NELSEf ; Deceased. . Y •!ereinefter called..Grantor,.and PDGET SOUND PGWER'& LIGHT OOMPANY, a Washington Corporation, F.� hereinafter called• Grantee. I. That in consideration of One Dollar ($1.00) and other valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby, grants and conveys to the Grantee • its successbra and assigns, an eaae*ent -for an electric line.right- of -'way and the perpetoal r'_oit; to construct, reconstruct, improve, repair maintain and operate one.nr more electric io and /or distribution lines, consisting of poles or towers with n.:ccsz:ur; I:crers, �:.�.`• anchor3, crossarms, insulators, transmission, distribution and signal .ii.t.s, :rant' - and othi -r necessary or convenient facilities and equipment on said across tae fol lowin;, described lard of the Grantor located in King County, . :..t•:: :f Furl..on of Gov...trnment Lots 6 and 10, Section 24, Township 21 North, s.M., lying southerly and adjacent to the White R'ver, .},11Inb ,,'r.,it;rly et: Y.C. :,'•: oe & St. rani right of way lying northwesterly anv' • Y Y � y westerly c: ;.•r. :n ct- ; ;u t:utl .L -: Rea :! -,2 and Nelson [ Place, eying nrrth•aiy _ .... , t v!2 and :i. 1,3rd Street nc.L:Ii .ts • ;C1' is way; .: ,•-• JL ii ,,.bv.' ♦ t) 'whit.a i.; N 80 .' -,r •, , ...,, t .t� , •' ... 'a...,_ 3:: S ... LI,L.. •tli. i l s.uth lint of G:'.'C•:.u:•_nt (,.:t t. . =h nuri ty rtar !u of Eou, c' . 1. la o P...h. .' , :1'S!t: n apt. Beeler t:rly .:ntd ..'•r _!:c.y: t,.l c .. .. 1,0fat of 6.: tin • : :s .a . I.t ' rf -la -t. o.at , _hat po: :. ` a of the a: ....t v y.4 (White) n: / — 1 r !h- lirue.f i..':.r a.t.' nerd. of a lEn.! ,3r, _. :i,.. ;: n: ft'•:'_,.._, ,,.;t.t•tc:ac.tt� at r of .,.:ct ten .1: io':v •h' :'? { • :/ 12 .as( ? i f. -u,.; i!tenc,. 77 'u'i ^, Citic:aLs,o, ? Ja,! Sr., Ya.:l.Etai1. :a� ti.,,,ht of cu u. ui n�o.att::: ci•! c,:nt. :r lice; :.h:u .:cnt:t'., :ag f:. :, ;7' ';'1.2' w,.. •- �. ' r.' ul �L'�: ht:,': it . . _.; • ;It�•t ' r t) - i' '� •./t^ 1 / �:J Fit :L•. t,or: o l'i °.i '.) t:7.• itW leB c:�l t .. ni r r of t, :ati _ :c a :lieor Fi 1 .. .;-, -, : l: , . :t! , E ... ,. . !It �.,__:ur. :i a.• y I yr fr.•` fit: .!.,•: i ,� n .. • _i,..., ....: :1_:• .It l a:.ta_ a t ..i:. 11.' ;of a:. - f..?1 . ... for:h h,er :• i,. rigi',t, of • k. ecru.., •h. v�'.•ttr �C i ,f ,n t t eerie I ::G rir:: L lht:: :rant'.,{ h • R • to con maintain and use a passable road in a convenient location, with necessary w bridge.,s, and gatt:a, but such access, including roadway, shall be constructed al'd r Caine +! • in •:,ct: manner as not, to unduly Interfere with the lmproveuents.on and operat(on uj t. the • r r.-iioir,ing land of Grantor, her successors and assigns. ranee shall have the right, at any time, to cut cop and /r,r trio. :Any ,.u: ;11. brush or trees now or hereafce: standing or growing upon sn(d right-of-way, :m•.!. ,,(. ..:1.' right 1.J cur, top . and/or tt any trees upon adjacent land of the Ctantot which could c.tt,! ui: ii.t ..oven (i) feet of Any of the poles, tower, fixture,;, g.,ys, r. nl• - " V ut;!'_ r 1C'. ) i - __ .Jf the Gran : :c or jn any manner be a n•cnac:- of bazar.: tnr.. _r.. taro( shalt not ,t..l..• , construct Cr maintain and 1:•u ?,t :g nr other ... gran :::r shntl ! :,,s..• ,.iJr.'r ( ,;ht to i,.... . h.r -. - .1 •::'J 1..icr! .`-.1 :t:•r !ilny6tona.., al•1•?"' : !✓� .. :Jn s�,t., a:L• i :ur,JCcrs as Gt .c_. _ , :;, - , .ly �! ! ••.1: n .i not CC 'ot rC. :Jtl ... uii; t.t L .:. shall a ?� ln •Pub.toet..er within a'd: o( . fi•c: tz••u - t..1 ?•' ttJ''.. t : :rr'i L;:rn t'rat i :e. t.o Gneiss ru w• :i :t in • L• ;.iseil :at an: , L:7;,; ar- -ruts granted to :be G! a :;.e.• ;r.u.! - ...Wt.' A4 thn Grant-.f , its :uCCd35or9 or :1 •..:1 , .., t! ..•:1•p l:. ... • \' . J• S .r • 111' .•al.p.n..111 f :'o :1 .i.t 1 : ! an:ur, r . .r ,:,cc < s �. tr : d a15i 5a, hct rc r(••. • r -tl, t of . n t.0 !nstalt : to ca re : � ;:c i a to i j ..l ., • },l. r . . Este .said spur track to be a. e.t ?!..:t l) of ,.:_a eat.eniaut heiet :.:sc c,!., / constructed so as not to interfere with Grantee's tower location t.r: among othvrf., •�tl' r .1C r'H\ Gran: or, her :i ,. C.'itSSU[• "0 3G ° d :i ^-' tlt• tC' /' \' :`•• "(7 .: / i I.: COC:I rl' or VING on e e !p ., .a:ie•and d „posito.i within :.h.• ^., :..•men': .treJ h.• iu.v..q..' .t '( il, c,. 1 d11 Gr. 1a i.� n,Jtict .•1. :t'OL ua'.l t-l. r.: the .. !••I,. o. :tJ 1'. r .a •1tic La ' ,s th :.. ,tew zra.i. of %;hch IN :7ITN'. 4tli tF,GY this instrument 14 4 t•.x. ?. :.• t , ,.! t. ht- . ?:. a,;,1 • 1 Zee ! , .. V. li,• •i ce , .. :. � :`. tvoL4554 nsc54 J , ..„4. ►t 1 26 On t;'l(s day personally appeared before m. F :L•.rl: V. IfR'iJGt;, t:x.0 •)trix 11! C. i of FRED MELON, Deceased to me''known to be tbe'•individual described in and who executed the within and foregoing instrument, and acknowledged Ehct she signed the same as her free an.: voluntary act dad deed for the isea and purposeajherein mentioned. GIVEN under my hand and official "seal this L --..c of Na 1964. June • .ACCEPTED this 25th day of 1ROP, 1964. by Grantee PUG qb Filed for Record /n WO/ 3 Jet Rviuest of Pure, Pour & Ugh/ Co. ROBERT A. MORRISi, Cousy Audpor RR & LIGHT COMPANY, a Washington Cow. t -Cpera one ry -3- otary Public in and for the aahington, residing at Re •:. a L..- 1 e r. II 6564888 Easement Fur and In consideration of One Dollar (31.00) and other valuabl.. censideretlen. the receipt of which is r hereby acknowledged. JACOB Nielsen tend marien nielsen QRAt ..ati>a sal YW, e,- t` Grantor • herein'. hereby grants. conveys and warrants to P'JGET SOUND POWER & LIGHT COMPANY, a Washington corporation 1" Grantee" herein), for the purposes hereinafter net forth. a pelpatt'ai easement over. ' across ten under the following described reel property l* "Prow," Imm it4 S9 KJa County. Washington. EASEMENT • A p Gov n+aent lots 8 and 10, � "�°''r' • =':�' ";;��'��' `y�' � "� � ly a;,d adjacent to the White River or t i on of ' r ' ``' a k: souther sertIOn , YtsaAls ip`' i' I'�h �` ,, N" �' y Pacific Railroad , lying westerly of Chicago, Milwaukee S d ailroad righ! of way, lying northwesterly and westerly of y r a f. s Chaff a ` Munster Road #2 and Nelson Place, lying northerly of road known as county Road 0I0 153rd Street, northeasterly of highway deeded In Volume 4329, Page 609, and northeasterly of P, $ Railway right of way; Less beginning on the cer.terl ine of Ni ay 3•D sdtich Is N 0"52t1W14:4$41 feet and N 34`46' W. 166.70 feet from the Intersection of said centerline with the south line of Government Lot 10; thence N 60'40' W. along said centerline 49.72 feet; (thence N 8015' [. 306.14 feet; thence N 09 °t5' W. to the northerly margin of fond Issue Road; thence S 80' S' h. 48.38 f009 to true point of beginning; thence N 0'S1' E. 120 feet; thence S 80'SS' M. t0 margin of ! _ th sout and northeasterly along said highway to true point of beginni I Allot 1OSf right of wa deeded to State of Washington, as recorded under Auditor's FIN No. 5 ALSO, Portion of Government Lot 10, Section 24, Township 23 North Range 4 East M.N. in KI ' County, Washington, described as follows: �' Cornnencinq at a stone monument on the center line of permanent Highway No. 30, said monument . , •; tieing located N 8 °52'10" W. 462.32 feet, more or less, and N 34'46'00" W. 166.70 feet from the C intersection of the center line of scid Permanent Highway with the south line of said Government Lot 10; thence II 60 ° 40'00" W. along said center line 49.72 feet and N 80'55'00" E. parallel to the center line of Bond issue Road No. 10 306.34 feet; thence N 9 ° 05'00" W. 148.00 feet, more or Iess,to the north margin of said Bond Issue Road No. 10; thence along the said north margin S 80 W. 43,24 feet to the true point of beginning of this description; thence continuing S 80°55'00" W. 225.04 feet; thence N 0 E. 120.00 feet; thence N 80'S5'00" E. 225.04 feet; thence S 0 °53'00" W. 120.00 feet to the true point of beginning; EXCEPT portion deeded to the Statc of Washington for Primary State Highway No. 1, Green River interchange, by Auditor's File No. 5507291; .ind EXCEPT portion thereof condemned by the State of Washington for State Highway In, King County Super n- o'irt auso o, Except AS may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the "Right of Way" herein) described as follows: Said right of way being that portion of the above described property which lies within • strip o f land 40 fact in width, the boundaries of which lie 50 feet southerly from and 90 feet southerly tro.i and parallel with a line described as follows: Co..tnencing at the center of said Section 24; thence N 0 ° 55'12" E. 386.82 feet along the North - South centerline of Section 24; thence S 77 ° 29'12" W. to the southwesterly margin of the Chicago, Milwaukee, St. Paul & Pacific Railroad right of way and the true point of beginning; thence contin ulna S 77 ° 29'12" W. to a point whlcn is 1239.88 feet S 77 ° 29'12" W. of the North -South center line of said Section 24; thence S 6 9 ° 19'15" W. 722.45 feet; thence S 57 ! 179.91 feet. tr a • Saidrignt of way also being that portion of the above described property which lies within a +trip of land 120 fret In width, the boundaries of which Ile 50 feet northeasterly from card 70 t''( souttnwsterly from, and i,rnliel with, a !Inn described as follows, Co..nencin.t at the center of Section 24, Township 23 North, Range 4 East, W.M.; thence' N 0'55'12" c:. jt'u,132 meet Mon,' the North South center line of Section 24; thence S 77'29'12" W. 1239,86 feet; thence S u9"19'15" U. 722.45 feet; thence S 57 °42'09" W, 179.91 feet; thence S 36 ° 36'10" E. 50.14 feet to the true point of beginning; thence continuing S 36 ° 36'10" E. 450 feet, more or less, to the end of said center line; Less portion within said State Highway right of way. Except as may be otherwise • net 1 = Property (the "Right -of Way" Wells) A Right-of-Way each side of a center line described as follow$: ;. • I. :.. i',�!' • � ' • • , • ��: Treasurer • - r that d the 4 i, � vJ�.. °�x �1 • - • � :.r at Web Wall op 1. Purpose. Grantee shall have the right to construct, operate. maintain. replace and attis:^ge one or more electric transmission and/or distribution lines over and/or tender the Right -of -Way togemer With .s11 necessary or convenient appurtenances therefor, which may include but are not limited to the foltdlitngt . ' a. Overhead facilities. Poles and/or towers with crosaarms, braces, guys and anchors: electric transmission and distribution lines: communication and signal lines: transformers. b. Underground facilities. Underground conduits, cables, vaults, manholes. switches and transformers: semi- buried or ground mounted facilities such as pads. transformers and switches. Following the initial construction of its facilities, Grat•.;ee may from time to time construct such addi- tional lines and other facilities as it may require. 2. Access. Grantee shall have the right of access to the Right -ot -Way over and across the Property to enable Grantee to exercise its rights hereunder. provided, that Grantee shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. 3. Cutting of Trees. Grantee shall have the right to cut or trim any and all brush or trees standing or growing upon the Right -of -Way. and also the right to cut or trim any trees upon the Property which, in falling, could. in Grantee's reasonable judgment, be a hazard to Grantee's feaWties. 4. Grantor's Use of Right -of -Way. Grantor reserves the right to use the Right -of -Way for any nurpose not inconsistent with the rights herein granted, provided, that Grantor shall not construct or maintain any building or other structure en the Right -of -Way and Grantor shall do no t:lasting within 300 feet ci Grantee's facilities w ithout Grantee's prior written consent. 5. indemnity. By accepting and recording this easement, Grantee agrees to indemnify and hold harmless Grantor from any and all claims for damages suffered by any person which may be caused by trantee's exercise of the rights herein granted, provided. mat Grantee shall not be responsible to Grantor for any damages resulting from injuries to any person caused by acts or omissions of Grantor. 6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Right-of-Way for a period of five (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor, provided, that no abandonment shall be deemed to have occurred by reason of Grantee's, failure to initially install its facilities on the Right -of -Way within any period of time from the date hereof. Ii1,E0 Wit RECORD AT BEQUEST Of SKURITY TIIIE iN1U3AWCE COMPANY • MA.... 11.1VN na! sECOAD AVIAdE. SMILE. *ASH- 98j 6564888 VOL ' 1S0 Da X382 'TATE OF WASHINGTON ss. .JVNTY OF King STATE OF WASHINGTON COUNTY OF s s. • ' 7. Successors and Autos. The rights and obilipidoia of !A=' ptt"!1M' i/e "`iidt binding upon their respective suoosssor's ssd hash* • ...- . cler • - 71-' DATED this 2 day of Sept r • 10 69 8. a owtyd . GKai►ttse ayreene to lily any a..3 all taxes assessed against its said facilities and shall re±nburse Gra^f!nr { ^r a ^" increase in tawtes payable by •3rantor which is based upon an increase in land valuation occasioned by the installation and maintenance of Grantee's said - facility. GRANTOR fAi ACOB NThL8ffi1 Jacob Nielsen and On this day personally appeared before me Marien Nielsen , to me known to be the individual El who executed the within and foregoing instrument. and acknowledged thatthe (eIgned the name anthei.i'iee deed for the uses and purposes therein mentioned. : ti HAND AND OFFICIAL SEAL this2„4.day of September • 19 69. r_ QL t7 ' ••� i.••••,- • T F .2 T.21. :.• • NOT r P r BLIC In and for the State of Washington. %k ITN ESS :IY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. On this _ day of . 19 . before me. the undersigned, personally appeared and . to me known to be the and respectively. of . the corporation that execute t the foregoing Instrument, and acke wl- t 1f_td the said instrument to be the free and voluntary act and deed of said corporal' , n, for the uses and purposes therein mt•,lt,, n d. and on oath stated that authorized to execute the bald instrument end that the ,.'al affixed is the corporate seal of said corporation. NOTARY PUBLIC In and for the State of Washington. residing at TRACT.MAP 1, err% SECTION 24, T.23 N.,R.4 E.,W.M. r:11?..;;TY, •,';','ISP!NGTON 200 NOV. 196E PE1YIJOJENGEEflG 15;50 SUN:, E r EIELL.EV0F.,wAE RECEIVED MAR 2 3 2001 COMMUNITY DEVELOPMENT fitoi3 ko / Request el it,..fifte■ 'NS. CO. ROOC.RT A. NORRIS, County AWLS), 20020117000551 Branch :GOK,User :BLOE RETURN ADDRESS PUGET SOUND ENERGY, INC PO BOX 90868 BELLEVUE, WA 98009 -9981 ATTN ROW /OBC -11N Comment: 4 0 24 0 70 2 =1n 1 51 KI oni 1 X22 El 863233 01/17/2002 10 K NC COUKrY use �( s PARTIAL RELEASE OF EASEMENT pact 001 OF 002 REFERENCE 4 6564888 GRANTOR PUGET SOUND ENERGY GRANTEE FAMILY FUN CENTERS TUIGYRA LLC SHORT LEGAL SW 24- 23N-04E ASSESSOR'S PROPERTY TAX PARCEL 242304. 00159063, 9092 KNOW ALL MEN BY THESE PRESENTS that PUGET SOUND ENERGY, INC , a Washington Corporation, is the owner of an easement acquired from JACOB NIELSEN and MARIEN NIELSEN, a marital community, dated July 5, 1989, recorded in Volume 160 of Deeds, page 380, under Auditor's File No 6584888, records of KING COUNTY, over the real property described therein as follows SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ORIGINAL • Said Company does hereby abandon and release at rights acquired under said easement in .rs end to that portion of the above real property described as follows THAT PORTION OF THE ABOVE DESCRIBED PROPERTY WHICH LIES WITHIN A STRIP OF LAND 20 FEET IN WIDTH, THE BOUNDARIES OF WHICH LIE 50 FEET SOUTHWESTERLY FROM AND 70 FEET SOUTHWESTERLY FROM AND PARALLEL WITH A LINE DESCRIBED AS FOLLOWS o COMMENCING AT THE CENTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W M , cv THENCE NORTH 0°55'12' EAST 388 82 FEET ALONG THE NORTH-SOUTH CENTER LINE OF • o SECTION 24, THENCE SOUTH 77°2917 WEST 123988 FEET, THENCE SOUTH 6919'15' WEST • 72245 FEET, THENCE SOUTH 57 °42'09" WEST 179 91 FEET, THENCE SOUTH 38°36'10' EAST 5014 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 36 °38'10' EAST 450 FEET. MORE OR LESS, TO THE END OF SAID CENTER LINE, LESS PORTION WITHIN SAID STATE HIGHWAY RIGHT OF WAY IN WITNESS WHEREOF, said corporation has caused this instrument to be executed this 16th day of January, 2002 . "• "' ^•. PUG OU • � FNFRSiY, INC. 4 . ,;ry IC s t9r..F OF Wt 1 COUN%() •,, ) On this 16th day of January, 2002, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared HOWARD A STRONG, to me known to be the person who signed as MANAGER REAL ESTATE, of Puget Sound Energy, Inc , the corporation that executed the within and foregoing Instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of Puget Sound Energy, Inc for the uses and purposes therein mentioned, and on oath stated that HE was authorized to execute the said instruction on behalf of said Puget Sound Energy, Inc IN WITNESS WHEREOF I have hereunto set d and official the and year first above written Partaf Release 52000 •wono° BY OWARD A STRON MANAGER, REAL ES! D L LAGGART `.j NOTARY PUBLIC in and for the State of Washington, residing at DES MOINES WASHINGTON My Appointment Expires JULY 4, 2005 KING,WA Page 1 of 2 Document: 2002.0117000551 RECEIVED MAR 2 3 2001 DE NT Printed on 2/13/2007 7:22:51 AM Station Id :EGI Branch :GOK,User :BLOE EXHIBIT "A" A PORTION Of GOVERNMENT LOTS 8 AND 10, SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W M., LYRICS SOUTHERLY AND ADJACENT TO THE WHITE RIVER, LYING WESTERLY OF CHICAGO, MILWAUIO:E, ST PAUL AND PACIFIC RAILROAD RIGHT OF WAY, LYING NORTHWESERLY AND WESTERLY OF OF COUNTY ROAD KNOWN AS CHAS MONSTER ROAD 02 AND NELSON PLACE, LYING NORTHERLY OF ROAD KNOWN AS BOND ISSUE ROAD 010 AND SOUTH 153"" STREET, NORTHEASTERLY OF HIGHWAY DEEDED IN VOLUME 4329, PAGE 609, AND NORTHEASTERLY OF PEE RAILWAY RIGHT OF WAY; LESS BEGINNING ON THE CENTERLINE OF HIGHWAY 3-0 WHICH IS NORTH 8°52'10" WEST 482 3 FEET AND NORTH 34 °48" WEST 168.70 FEET FROM THE INTERSECTION OF SAID CENTERLINE WITH THE SOUTH UNE OP GOVERNMENT LOT 10; THENCE NORTH 60 °40' WEST ALONG SAD CENTERLINE 49 72 FEET; THENCE SOUTH 80°55' WEST, 306 34 FEET; THENCE NORTH 09°05' REST TO THE NORTHERLY MARGIN OF BOND ISSUE ROAD, THENCE SOUTH 80°55 WEST 48.28 FEET TO TRUE POINT OF BEGINNING; THENCE NORTH 0 EAST 120 FEET THENCE SOOUTH 80' 55' WEST TO MARGIN OF P 8 H. 01; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG SAID HIGHWAY TO TRUE POINT OF BEGINNNO; ALSO LESS RIGHT OF WAY DEEDED TO STATE OF WASHINGTON, AS RECORDED UNDER AUDITOR'S FILE NO. 5490612 ALSO, PORTION OF GOVERNMENT LOT 10, SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS. COMMENCING AT A STONE MONUMENT ON THE CEETER UNE OF PERMANENT HIGHWAY NO. 3D, SAID MONUMENT BEING LOCATED NORTH 8°52'10" WEST 482.32 FEET, MORE OR LESS, AND NORTH 3446'00" WEST 168.70 FEET FROM THE INTERSECTION OF THE CENTER UNE OF SAID PERMANENT HIGHWAY WITH THE SOUTH UNE OF SAID GOVERNMENT LOT 10; THENCE NORTH 60°40'00" WEST ALONG SAID CENTERLINE 49 72 FEET AND NORTH 80'55'00" EAST PARALLEL E, TO TIE CENTERLINE OF BOND ISSUE ROAD NO. 10 306.34 FEET; THENCE NORTH 9 WEST 148 FEET, MORE OR LESS TO THE NORTH MARGIN LINE OF SAD BOND ISSUE ROAD NO 10; THENCE ALONG THE SAD NORTH MARGIN SOUTH 80°5500" WEST 43 24 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRWT1ON; THENCE CONTINUING SOUTH 80°55'00" WEST 225.04 FEET; THENCE NORTH 0°53'00' EAST 120 FEET; THENCE NORTH 80°55'00" EAST 225.04 FEET THENCE SOUTH 0°53'00" WEST 120 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT PORTION DEEDED TO TIE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO.1, GREEN RIVER INTERCHANGE, BY AUDITOR'S FRE NO. 5507291; AND EXCEPT PORTION THEREOF CONDEIBIED BY THE STATE OF WASHINGTON FOR STATE HIGHWAY IN KING COUNTY SUPERIOR COURT CAUSE NO 596089. Comment: Station Id :EGL K1NG,WA Page 2 of 2 Printed on 2/13/2007 7:22:52 AM Document: 2002.0117000551 6564889 EASEMENT rose andersen evan nelsen elsie bridges hilda campbell alma taylor eleanor robinson dorothy rutludge and warrants to PUGET SOUND POWER & iJ(/ "t4 ANY, i,•r.%�< 191 under the following deserihed real pr one ty ;:fie 'Property • her°_tni in Kin County. V•aahirgton RECEIVED MAR23 A portion of Sove Lot 8 ar3 10, Section 24, Township 2, North, Range 4 East, W.H, 6y10g : outherly and adjac..nt tc the Whi e River, lying westerly of Chicago. Milweukee, St. Paul and Pacific Railroad right of way, lying northwesterly and westerly of county road known as Chas. Monster Road rig and Nelson Place, lying northerly of road' known as Bond Issue Road #10 and South '53rc Street, r- rtheastcrly of highway deeded In Volume 4329, Page 609, and northeasterly of P.S.Ei railway right of way; t.e•s beginning on the centerline of Highway 3 -0 which Is N 8 °$2'10' W. 462.jg feer'and N 34 ° 46' W. 166,70 feet from the Intersection of said centerline with the south line of Government Lot 10; thence N 60'40' W. along said centerline 49,72 feet; thence N 80 •55° E. 306.34 lcet; thence N 09 "05' W. to tine northerly margin of Bond Issue Road; thence S 8O ° 55' W. 48.28 foot to true point cf beginning; thence N 0,.53' E. 120 feet; thence S 80'55' W. to margin of P.S.H. #1; t :note southeasterly and northeasterly along said highway to true point of bes!'ining; Also less ri et of way deeded to State of Wailiingtun, as recorded under Auditor's F1le No. 5450612. ALSO, Portion of Government Lot 10, Section 24, Township 23 north, Range 4 East, W.K., in King County, Wasnington, described as follows: Cc )••encine at a stone monument on the center line of permanent Highway No. 3D, sold monument ft..;r1:; located N R ^52'10" W. 462.32 feet, more or less, and N 34 ° 46'00" tf. 166.70 feet from the' ;nters of the center line of said Permanent Highway with the south line of said Government tot Iii, th:ncc N 60'40'00" W. along said center line 49.72 feet and N 80'55'00" E. parallel to the center line of Bond Issue Road No. 10 306.34 feet; thence N 9'05'00" W. 148.00 feet, more or ie:,s,to the north margin of said Bond Issue Road No. 10; thence along the ^laid north margin S 63 ° 55'00" W, 1.3.24 feet to the true point of beginning of this description; thence continuing S 8J "55'00" W, 225.04 feet; thence N 0 ° 53'00" E. 120.00 feet; thence 3 80 ° 55'00" E. 225.04 feet; than. :e S 0 "53'0O" W. 120.00 feet to the true point of beginning; EXCEPT portion deeded to the tat.' of ' 14a'.hington for Primary State Highway No. 1, Green River interchange, by Auditor's File .0 5=.17:91 ,..•' r' ri r'T enrt inn thereof condemned by the State of Washington for St Hlghtaay 1n Ceente ' •r 7rinr Court Cause Ho. 59b081. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that ""oetion of tee Proeerty the "Right of Way" herein) described as follows: Selo rient of way being that portion of the above dest.r,bed property which lies within a strip .1 ar.:•i0 feet in width, the boundaries of which lie 50 feet southerly from and 90 feet southerly 'r,:. and parallel with a line described as follows: C.....•••.)cin;; at the center of :aid Section 24; thence N 0 ° 55'12" E. 386,82 feet along the North - •' " ,th centerline of Section 24; thence S 77'29'12" W. to the southwesterly margin of the Chicago, ,iiwAu,ee, St. Pan' e Pacific Railroad right of way and the true point of beginning; thence contin' .:r.; S 7/ "2)'12" W. to a point which 's 1239.81 feet S 77 "29'12" W. of the North -South center line ,f •.ai.t Section :4; thence S 69"1)'15" W. 722.45 feet; thence S 57'42'09" W. 179.91 feet. ritent of way aiso being that portion of the above; described property which lies wi • .;rip of la. I :t) feet in width, the boundaries of which lie 50 feet northeasterly from <<t ioethe steriy from, and parallel with, a line described as followe' Ce eeei n' at the center of Section 24, Township 23 North, Range_ 14 East, W,11. ; theme: :e6'12" 12" feet llun,; the North-',OUth center line of Section 2 tt1Qe.;e S 77'29'12" W. 1. A feet; : ecec.' S u.'t'.)' I!." W. /22.45 feet; thence S 57'42'09" W. 179.91 feet; thence S 36'36'10' . 50.14 eet to tiie ter' pilot of be,)innIng; thence centlouinr, S 36'36'10" E. 450 feet, more or le:0,, to .fie one Of '.:rid :enter line; L,'ti5 pnrrion within '•Rid State Highway righ° of way. • • ... 4af4,4644e# M. j.fi.tILLI.,;;l, .4 . it 4.41I woo 1109 SECOt:fl AVE : :� :i SEr THE maul ogtiel vni: 100 FAcr 385 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace and snlargs one a- more electric transmission and/or distribution lines over and/or under the Right -of -Way together with all necessnrj or convenient appurtenances therefor, which mayinoludebut are not limited to the following: a. Overhead radii :lea. Poles and/or towers with crossarms, braces, guys and anchor :: electric transmission and distribution lines: communication and signal lines: transformers. b. Underground facilities. Underground conduits. cables, vaults, manholes. switches and transformers: semi- buried or ground mounted facilities such as pads• transformers and switches. Following the initial construction of Its facilities, Grantee may from time to time construct such addi- t!one] lines and other facilities as it may require. 2. Access. Grantee shall have the right of access to the Right -of -Way over and across me Property to enable Grantee to exercise its rights hereunder, provided, that Grantee shall compensate Grantor for any damage to tide Property caused by the exercise of said right of access. 3. Cutting of Trees. Grantee shall have the right tc cut or trim any and all brush or trees standing or growing upon the Right -of -Way. and also the right to cut or trim PT trees upon the Property which, in falling, could. in Grantee's reasonable judgment. he a haaard to Grantee's facilities. 4. Grantor's Use of Right-of -Way. Grantor reserves the right to use the Right -ol -Way for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not construct or maintain any building or other structure on the Right -of -Way and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 5. indemnity. 8-: accepting and - ecording this easetrint, Grantee agrees to indemnify and hold harmless Grantor from my and all claims for damages suffereu 9y any person which may be caused by Grantee's exercise of the rights herein granted. provided, that Grantee shall not be responsible to Gr..tter tor any :a-nAges resulting from injuries to any person caused by acts or omissions of Grantor. 6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Right-of-Way for a period of five (5) successive years, in which event this east.ment shall terminate and all rights hereunder shall revert to Grantor. provided, that no abandonment shall be deemed to have occurred by eascn of Grantee's failure to initially install its facilitie. on the Right -of -Way within any period of time from the date hereof. tMMED FOR RECD tP AT RECUE5Y Ot I IJIA:.CE COMPANY ,CL 1[)U YatE3Sf, Successors anu Assigns. The rights and obligations of the parCra shall inure to the Uenttflt of and b binding upon their rec,pe�tive successors and assigns. DATED this J day o. 11sie N. ridaes Evan • ; ..._ . r' • • lLt Hilda Campbe '-TATE OI' WASHINGTON Ot. :: Tl' OF ItN1_6 AA • O : . r. ..... j � COUNTY OF' - L1 (In thisAltia y of P • and ss. > as. :Irr�tttia.,+ 19 —Al GRANTOR ersen y1-41, tom( ma Tay or _ f E�ean i � az �.ZC -- • c.47—€.., y u J ((�1 ge On this day personally appeared before me ROSE ANDERSEN , to me known to be the individual described in and who executed the within and foregoing Instrument. and acknowledged thatal an: voluntary act and deed for the uses and purposes therein irsntioned GIVEN iSDF.k \IY HAND AND OFFICIAL SEAL. this day of r . ;9 69 signed the name angler free `%" \I' - MY )I-\\I' \NI) OF F 1(I: \I. '-F- \I. heron ;Wive,' the day nisi year tir:.t above %Oliva. NOTARY PU IC in and for the Stat , of Washington. residing et V �� ��� � Ad _. 19 Et before rre. me undersigned, personally appeared _•--•- -- .:o Rte known to be the and rt s;: ut el:. of . the corporation that executed the foregoing instrument. and ackr :r:•.. tdttd t^. .wd : nstrument to be the free and voluntary act and deed of said corporation, for the uses and purposes •:n.. rnent...nt +: and on ..•aUt styled that authorized to exet..te the said insrnnnent and •• ;t. - tf•` :�tt! tt tile t,or;..traie seal of said .•i rpi.ri.tiun N(i'fAI(Y 1'I '111.11' I:1 anti (01 iii&' `;I;rii of N'a biu;;t..n .ding at S•: NTE OF WASHINOTOK ) ) as. ::ouNTY OF ) � On this day personally appeared before n: ELSIE N. BRIDGES, t) me known to be .the individual doscribe4t in and o executed the within and f intrust nt, and acknow - ed that she signed the same as her free and voluntary act ,e for th3 'lses vnd purposes therein mentioned. '�� GIVEN UNDER D!Y HAND AND OFFICIAL SEAL this 9 4301 1 ' 19Ei9. Or STATE OF WASHINGTON ) ) f ;s . COUNTY OF �1(A , r+ ) On this day personally appeared before me EVAN NELSEN, 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. . i)" .. GIVEN UNDER MY RAND AND OFFICIAL SEAL this j , 1969. geOt Wi n.......... STATE OF WASHINGTON COUNTY OF On this day personally appeared before me ALMA TAYLOR, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this .., 9L/trt Jay of L U,.L , 1969. r S S. Na::axy is n an or ate of Washington, residing at 1 Not a.+y `tu• xc n a • tor State of Washington, residing at Ndtary Pub. is 1 Washington, residing an • • i Val sa7" 4 . r t ('/ t l f• , or at /"].mot.• ' • FILED ' CI. t;EW'vn Al RCOUES1 or ;'f t':'+•:p;it q :nMp»$' "" ,e,,..:,' ..1... L. , ;I..IiLL 'CdatiH net 397 1611 ass STATE OF WASHINGTON ) ss. COUNTY OF pooks tm ) On this day personally appeared before Me HILDA CAMPBELL, to me known to be the individual described in and who ei<ccuted t:1e within and foregoing instrument, and acknc:iiedged that she signed the sane as her free anc: voluntary act and deed for the uses and purposes therein mentioned. 4 N Q TAsyrt ? c 1 w . \-. • ...... t, r GIVEN UNDER MY }AND AND OFFICIAL SEAL this d o m , 190. STATE OF WASHINGTON ) ss. CC LINTY OF frti ) Notary P • is i an or a State of -16 Washington, residing at On this day personally appeared before me ELEANOR ROBINSON, to me known to be the individual described in and who executed the within and foregoing inctrninent, and acknowledged t:tat she signed the same as her free and voluntary act and deed f; r the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL thist;S .�• �: ' ,� . , 1969. - � ► , • - r ' Y a . . fib • • • STATE OF WASHINGTON ) • ) ss. COUNTY OF ' . �• Notary Pub is in an or Washington, residing at On this day personally appeared befe a me DOROTHY RL :TLEDCE, to me known to be the individual described in and who the within and foregoing instrument, an" acknowledged t:.14 she signed the same as her free and voluntary act and dee•i `•r the uses and purposes therein mentioned. GIVEN UNDER ?•1Y HAND AND OFFICIAL SEAL this r?ay of • . . . , 1969. N, 'c, . 4 - Notary Pub +.i� ic in anor tliG - S tat :e id IQ .....4' J '� � . S ` �•�,t% t+Iashin9 tot:, ro.,.d1Inj at. 1 111.1.2 24-•: .i : :t c• t 1 ; .`.;1e. r 111 rat u•hN #1114/ii ?UV Branch :GOK,User :BLOE RETURN ADDRESS PUGET SOUND ENERGY. INC PO BOX 90888 BELLEVUE, WA 98009 -9981 ATTN ROW /OBC -11N 20020117000550 { °g$pT OF W(S 1U' GTON COUNTY OP' "KING IN WITNESS WHEREOF I have hereunto se written Partial Release 11/2000 KING, WA Document: 2002.01 17000550 ) ss �OUNDD EN ETnISC 10 00 P 7122112 1022 KttING COUNTY, nw E1863232 !I Comment: 01/17/2002_ 10'22 �p SALLEE $7 011 00 PARTIAL RELEASE OF EASEMENT PUG UN EN Y, INC. iRONG PAGE 001 OF 002 REFERENCE 11 6564889 GRANTOR PUGET SOUND ENERGY GRANTEE FAMILY FUN CENTERS TUKWILA LLC SNORT LEGAL SW 24- 23N-04E ASSESSOR'S PROPERTY TAX PARCEL. 2423040015.9063. 9092 KNOW ALL MEN BY THESE PRESENTS that PUGET SOUND ENERGY, INC • a Washington Corporation, is the owner of an easement acquired from ROSE 0 ANDERSEN, EVAN M NELSEN, ELSIE V BRIDGES, HILDA S CAMPBELL, ALMA A TAYLOR, ELEANOR M ROBINSON, AND DOROTHY M RUTLEDGE, each having an equal undivided interest as their separate estate, dated July 5, 1969, recorded in Volume 160 of Deeds, page 380, under Auditor's Foe No 6584889, records of KING COUNTY, over the real property descnbed therein as follows SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ORIGINAL Said Company does hereby abandon and release all rights acquired under said easement in and to that portion of the above real property described as follows THAT PORTION OF THE ABOVE DESCRIBED PROPERTY WHICH LIES WITHIN A STRIP OF LAND 20 FEET IN WIDTH, THE BOUNDARIES OF WHICH LIE 50 FEET SOUTHWESTERLY FROM AND 70 FEET SOUTHWESTERLY FROM AND PARALLEL WITH A LINE DESCRIBED AS FOLLOWS COMMENCING AT THE CENTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, NORTH-SOUTH • NORTH 0°55'12" EAST 38882 FEET ALONG THE NORTHOUTH CENTER LINE OF SECTION 24, THENCE SOUTH 77.2W12' WEST 123988 FEET, THENCE SOUTH 69°19'15' WEST 722 45 FEET, THENCE SOUTH 57°42'09' WEST 179 91 FEET, THENCE SOUTH 36°36'10' EAST 5014 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 36°36'10' EAST 450 FEET, MORE OR LESS, TO THE END OF SAID CENTER LINE, LESS PORTION WITHIN SAID STATE HIGHWAY RIGHT OF WAY IN WITNESS WHEREOF, said corporation has caused this instrument to be executed this 16th day of January, 2002 WARD A STRONG E ATE On this 16th day of January, 2002, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared HOWARD A STRONG, to me known to be the person who signed as MANAGER REAL ESTATE, of Puget Sound Energy, Inc , the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of Puget Sound Energy, Inc for the uses and purposes therein mentioned, and on oath stated that HE was authorized to execute the said instruction on behalf of said Puget Sound Energy, y and year first above D L LAGG NOTARY PUBLIC in and for the State of Washington, residing at DES MOINES, WASHINGTON My Appointment Expires JULY 4, 2005 RECEIVED MAR 2 3 2001 CO MMUNITY D EVELOPMENT 1 Page 1 of 2 Printed on 2/13/2007 7:22:53 Station Id :EGU1 Branch :GOK,User :BLOE Nm.yw m° nalsbans must a Made rnave EXHIBIT "A° A PORTION OF GOVERNMENT LOTS 8 AND 10, SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY AND ADJACENT TO THE WHITE RIVER, LYING WESTERLY OF CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT OF WAY, LYING NORTHWESERLY AND WESTERLY OF OF COUNTY ROAD KNOWN AS CHAS MONSTER ROAD 32 AND NELSON PLACE, LYING NORTHERLY OF ROAD KNOWN AS BOND ISSUE ROAD 310 AND SOUTH 153' STREET, NORTHEA STERLY OF HIGHWAY DEEDED IN VOLUME 4329, PAGE 609, AND NORTHEASTERLY OF PSE RAILWAY RIGHT OF WAY; LESS BEGINNING ON THE CENTERLINE OF HIGHWAY 3-0 WHICH IS NORTH 8°52'10" WEST 482.3 FEET AND NORTH 34 °48" WEST 188.70 FEET FROM THE INTERSECTION OF SAID CENTERLINE WITH THE SOUTH LINE OF GOVERNMENT LOT 10; THENCE NORTH 80 °40' WEST ALONG SAID CENTERLINE 49.72 FEET; THENCE SOUTH 80°55' WEST, 308.34 FEET; THENCE NORTH 09°05' WEST TO THE NORTHERLY MARGIN OF BOND ISSUE ROAD; THENCE SOUTH 80•55' WEST 48.28 FEET TO TRUE POINT OF BEGINNING; THENCE NORTH 0•53' EAST 120 PEET THENCE SWUM 80° 55' WEST TO MARGIN OF P.S.H. 31; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG SAID HIGHWAY TO TRUE POINT OF BEGINNING; ALSO LESS RIGHT OF WAY DEEDED TO STATE OF WASHINGTON, AS RECORDED UNDER AUDITOR'S FILE NO. 5490812 ALSO, PORTION OF GOVERNMENT LOT 10, SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST W M., IN TONG COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS. COMMENCING AT A STONE MONUMENT ON THE CNNTER LINE OF PERMANENT HIGHWAY NO. 3D, SAID MONUMENT BEING LOCATED NORTH 8'52'10" WEST 482.32 FEET, MORE . OR LESS, AND NORTH 34 °48'00" WEST 188.70 FEET FROM THE INTERSECTION OF THE ° CENTER LINE OF SAID PERMANENT HIGHWAY WITH THE SOUTH LINE OF SAID o GOVERMENT LOT 10; THENCE NORTH 80•40•00" WEST ALONG SAID CENTERLINE 49 72 FEET AND NORTH 80°55'00" EAST PARALLEL EL TO THE CENTERLINE OF BOND ISSUE ROAD NO. 10 308.34 FEET; THENCE NORTH 9 WEST 148 FEET, MORE o OR LESS TO THE NORTH MARGIN LINE OF SAID BOND ISSUE ROAD NO 10, THENCE ALONG THE SAID NORTH MARGIN SOUTH 80°55'00" WEST 43 24 'FEET TO THE TRUE cs' POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 80°55'00" o WEST 225.04 FEET, THENCE NORTH 0'53'00" EAST 120 FEET; THENCE NORTH 80°55'00° EAST 225.04 FEET, THENCE SOUTH 0°53'00" WEST 120 FEET TO THE TRUE POINT' OF BEGINNING; EXCEPT PORTION DEEDED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO.1, GREEN RIVER INTERCHANGE, BY AU DTOR'S FILE NO. 5507291; AND EXCEPT PORTION THEREOF CONDEMNED BY THE STATE OF WASHINGTON FOR STATE HIGHWAY IN HONG COUNTY SUPERIOR COURT CAUSE NO 598089. Comment: Station Id :EGUI KING,WA Page 2 of 2 Printed on 2/13t2007 7:22:54 AM Document: 2002.01 17000550 8303010477 EASEMENT ,ite For and in consider'iin- of One 1 ollar IS LOCH and other valuable consideration, the receipt of which is hereb) ' % �R ...0 acknowledged, JACOB NIELSEN AND NARIEN NIELSEN. husband ant wife. - �� ��Cp "O ( "Grantor' herein). hereby grants, , ronveys and warrant. in PUGET SOUND POWER & Ll(iH f :' ::'.1PANY. a 4 11 , Washirgto•. corpora :ion ("Granace" herein). or the purpose% her'einaIIcr set forth, a pea netuai easement o% v . across and ender the foliow ins described real propert % (the "Proper%'. "hcreu.Iia icing County. \1'ashingtan: ; )3/0 i #0477 B RECD F G. 50 KING CO:INTY f-A SH!,1_ **4:4,6. 50 EXCISE TAX PAID ' \ ?' MART 1983 ; E07( ) Except as may be rwise set forth herein Gr n "tee's rights shall be exercised upon that portion of the Property (the "Right- of -\\ ay" herein) •escn.e. a A Right -of -Way" 10 feet in width hasin 5 of a centerlir: described as follows: g feet of such width on each side See Attache? Exhibit "A" The centerline of Grantee's facilities as presently staked or as may be extended or relocated lying within the t.roperty described on the attached Exhibit "A ". r- :! r_j 17 _ -- : At7 OF: Pl"3 r . PUG:FT K. .. .. J. CZLLE\•L'Z, :.:.f ..::;3 t ?N 98009 I. Purpose. Grantee shall have the right to construct, operate, maintain. repair, replace and enlarge one or more electric transmission and or distribution lines over and or under the Right - of -Way togeth :r with all necessary or conv appurtenances thereto, which may include but are not limited to :Le following: a. Overhead facilities. Poles and; or towers with crossarms, braces, guys and anchors: electri: transmission and distribution lines: communication and signal lines: transformers. b. Underground facilities, Underground conduits. cables, vaults, manholes. switches and transformers; semi- buried or ground mounted facilities such as pads• transformers and switches. Following the initial construction of its facilities. Grantee may from time to time construct such additional lines and other facilities as it may require. '_. Access. Gran n: ,- e-na!!hcvc:h: HO: ofacctss :o theRigh:- o.`-W ay ovcr and across the Propirt)'Io enable Gustave to exercise its rights hereunder provided, that Grantee shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. 3. Cutting of Trees. Grantee shall have the right to cut or trim any and all brurh or trees standing or growing at' on the Right- of•\\•a)', and also the right to cut or torn an trees upun the Property which, in falling, could. in Gran• reasonable judgment. be a hazard to Grantee's facilities. 4. Grantor's Use of Right -of -Way. Grantor reserves the rte.. to use the Right -of -Way for any pure: a not inconsistent with the rights herein granted. provided. that Grantor shall not construct or maintain any building or other structure on the Right -of -Was and Grantor shalt do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 5. Indemnity. By accepting and recording this casement, Grantee agrees to indemnify and hold harmless Grantor from any and all claims for injuries and. or damages suffered b% an} person which may be caused by the Grantee's exercise of the rights herein granted: provided. that Charnel: shall not he responsible to Grantor for any injuries and or damages to um person caused its acts or omissions of Gramm 6. Abandonment. The right• honn panted shill! eons mile IfIllit such time as Grantee cease% to use the K ight-ol- Way Inn a period set tsv is 1 tl socce•ssc teats. ui a loch e, r", :lo•• ea., oleo. .h.tll Is't nunac and all' fights hereint.lcr shall Its art to Grantor. pro%uded. that no abandonment shall he deemed to bast' oretnrrvl In reti•on of Granter's tailuie to initialh install us lavihues on the Riphi- ol. \\ :is within :uf% petod of lime !tom the date here il. 0879'77 KJ /3) r.,•,.. 8-17 234/95 .) 7. Sueresr.or and Assigns. I be rights and ohligatii'• nl the parties slta :l inure to 1 he benefit •tt and he hinditig up their respective successor, and assigns. DATED this cL:. day of 0'1 19 1 ��ti al � STATE OF '.1'A''HINGTON COUNTY OF KI ) LY SS GIVEN under my hand and official seal this GRANTO t.a Nie n On,lhis day personally appeared before m & MAl2TRN NTEi.4c:`•r A , n>utn :.to be the individual ;..__ described in and who executed the within and foregoing instrument, and Zatedfgj4l t;t 'ley signed the same as Fh and voluntatyactand deed forthe uses and purpose therei't toned. GIVEN under my viand and official seal this _V' � day of . rG -F RLI :t o OF W i :sAi • 1 tZt t Sc• . 46 1124Axa Notary Public in.6nd for thre State of Washington, residing a4 `r\ STATE OF 11 ASH INGTON SS COLNTI OF ) ^n this day personally appeared before me to me knossn to be the individual described in and who executed the within and foregoing instrument, and acknost !edged that signed the same as free and oluntary act and deed for the uses and purposes the -ein mentioned. da, of 19 19 8 3 Notar. Public in and for the State of Washington. residing at SLATE OF 11ASHINGTON SS CORPORATE ACKNOWLEDGMENT COUNTY OF ) On this day of 19 before me, the undersigned, personally appeared and to me kno•• n to be the and respectively. of the corporation that executed the foregoing instrument. and acknottledged the said instrument to be the free and toluntary ect and deed of said corporation, for the uses and purposes therein mentioned. and on oath stated that authorised to ' xecute the said instrument and that the seal affixed is the corporate seal of said corporation. u tine» my hand and official seat hereto af fixed the day and year first above written. Notar■ Public in and for the State of Washington, resid,ne at Co X 10 That portion of Government Lets 8 and 10 in Section 24, i•_�wnshi North, Range 4 East '.i.M., lying westerly of Chicago, Milwaukee, Saint Paul and Pacific Railway right of way, lyi.;g northerly and westerly of the Charles Monster Road No. 2 (County Road No. 8); lying northerly of Bond Issue Rued No. 10; and ly.ng northeasterly of a tract conveyed to the State of Washington under deed bearing Auditor's t File No. 5490612 records of King County; EXCEPT that portion (.• .cained within the following C..scribed tract: C Pcrtion - of Government Lot 10 in Section 24, Township 23 North, Range 4 East, K.M., described as fellows: O C'1 Beginning at a stone monument on the centerline of Perma, e• Highway EXHIBIT "A" No. 3D, said monument being located North 8 ° 52'10" West 46_.32 feet, more or less, and North 34 ° 46'00" West, 166.70 feet from the inter- section of the centerline of said Permanent Highway with the south line of said C4Amrea ent Lot 10; thence North 60 ° 40'00" West, along t- said centerline 49.72 feet and North 80 ° 55'00" East (parallel to the centerline of Bend Issue Road No. 10) 306.34 feet; thence North 9 °05'00" West, 148.00 feet, more or less to the North margin of said Bond Issue Road No. 10; thence along the said North margin South 80 °55'00" West, 48.28 feet to the TRUE POINT OF BEGINNING of this description; thence continuing South 80 ° 55'00" West 80.00 feet; thence North 0 °53'00" East, 120.00 feet; thence North 80 ° 55'00" East 80.00; thence South 0 ° 53'00" West 120.00 feet to the True Point of Beginning; AND EXCEPT the following described property: That portion of Government Lot 10 in Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at a stone monument on the centerline of Permanent Highway 3D said monument_ being located North 8 °52'10" West 462.32 feet, more or less, and North 34 ° 46'00" West 166.70 feet from the intersection of the center- line of said Permanent Highway with the south line of saia Government Lot 10; thence North 60 ° 40'03" West, along the said centerline 49.72 feet and North 80 °55'00" East (parallel to t'a centerline of Bond Issue Road No. 10) 306.34 feet; thence North 3 ° 05'u0" Wes 148.00 feet, more or less, to the North margin of said Bond Issue Road no. 10; thence along the said North margin South 80 ° 55'00" West, 128.28 feet to the True Point of Beginning of this description; thence continuing South 80 ° 55'00" 'vest 140.00 feet; thence North 0 ° 53'00" East 120.00 feet; thence North 80° 55'00" East 140.00 feet; thence South 0 ° 53'00" West 120.00 feet to the TRUE POINT OF BEGINNING. AND EXCEPT the following described property: Commencing at a stone monument on the centerline of Permanent Highway #3D, said monument being located North 8 ° 52'10" West, 462.32 feet, more or less, and North 34 ° 46'00" West 166.70 feet from the intersection of the centerline of said Permanent Highway with the south line of said Government Lot 10; thence North 60 °40'00" West, along the said centerline 49.72 feet; thence North 80 ° 55'00" East (parallel with the centerline of Bond Issue Road #10) 306.34 feet; thence North 9 ° 05'00" West 148.00 feet, more or less, to the North margin of said Bor.d Issue Road #10; thence South 80 ° 55'00" West along said North margin 43.24 feet to the Pr NT OF BEGINNING of the parcel herein described and the Southeast co::: of Tract 4 in an unrecorded subdivision as establ'shed by survey .1idde by A. R. Fischer for Fred Nelson in Novemoer 1936; thence North 0 °53'00" East 120.00 feet; thence South 80 ° 55'00" West 5.04 feet; thence South 0 ° 53'00" West 120.00 feet to the North margin of said Bond Issue Road #10; thence North 80 ° 55'00" East along said North margin 5.04 feet to THE POINT OF BEGINNING. Situate partially in the City of Tukwila and partially in the County of King, State of Washington. EXHIBIT 4Ce C i e ALSO c oy U3 200l All that portion of the following described Parcel "A" Dying nc rt4 of a line described as follows: Beginr;iri at a point. said point being 7C feet nor :heel". when measured at right. angles from the "A" Line center of Primary State Highway No. 1, Green River Interchange, and cpne'ite Highway Engineer's Sonion A- 110 +65; thence southwesterly in a strait.,; :ine to a point 60 feet northerly, when measured racially from said centerline, said point being opposite Highway Engineer's Station A- 108 +91.16, and the end of this line description. t?' PAR'EL "A ": That portion of Government Lots q and 10 in Section 24, ° rl Township 23 North, Range 4 East, W.M., lying northerly of Secoldary State p Highway No. 1 -L, and Southerly of Bond Issu, Road No. 10 and easterly of C" the right -of -way of the Puget Sound Electric Railway, EXCCP: the west 308.15 feet thereof as measured along said Bond Issue Road : ;o. 10; co ALSO EXCEPT the east CO feet of the west 427 feet thereof as measured along said Bond Is:,ue Read No. 10; Situate in the Town of Tukwila, County of King, State of 4ashington. ALSO That portion cf Government Lots 8 and 10 in Section 24, Township 23 North, Range 4 East, W.M., described as follows: Beginning at the intersection. of the southerly line of Renton Branch of the Puget Sound Electric Railway Company's right of way with the easterly line of County Road No. 8, ALSO KNOWN AS the Charles Monster County Road; thence easterly along the southerly line cf said railway right of way to the northwesterly line of the Old Renton- Junction Renton County Road, now vacated; thence easterly along said railway right of way to the West line of the Chicago - Milwaukee- St_Paul right of way; thence northerly along said right of way to the southerly line of County Road No. 8; thence westerly and southwesterly along said road line to beginning. CERTIFICATE f, tht, undersigned, Maxine t or.. . Clerk of the City of Renton, Washington, certify.that this. is a and correct copy et 0 raimili.010 40214 Subscribed and Sealed this_211: o tPobruafi4p17 . 8702100641 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4044 Ato , 2 9 CO u 0k-i 44 /14/i 49? Et ONLY PEcD CPS;-1. rn rr. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON • VACATING A PORTION OF NELSON PLACE (VAC-002-86 NIELSEN) r • WHEREAS a proper petition for vacating a portion of Nelson Place, Renton, King County, Washington, was duly filed with the City Clerk on or about March 24, 1986, and said petition having been signed by the owners representing more than two-thirds (2/3) of the property abutting upon such street sought to be vacated; and WHEREAS the City Council by Resolution No. 2652 passed and approved on July 7, 1986, and after due investigation, did fix and determine the 11th day of August, 1986 at the hour of 8:00 P.M. in the City Council Chcmbers of the City of Renton to be the time and place for a public hearing thereon, and the City Clerk having given due notice of such hearing in the manner provided by law, and all persons having been heard appearing in favor or in opposition thereto; and the City Council having considered all information and arguments presented to it; and WHEREAS the Board of Public Works of the City of Renton having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacation; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: 4 oP , ZNT SECTION I: The following described portion of Nelson Place, to -wit: See Exhibit "A" attached hereto and made a part ' hereof as if fully set forth herein. O Q BE AND THE SAME IS HEREBY VACATED SUBJECT to an easement over, 0 across, under and on all of the aforedescribed property in favor P- 03 of the City for utility and related purposes. SECTION II: The City Council hereby elects to charge a fee of $ 28,875.00 to Petitioner - Owners, said amount not exceeding one - fourth (1/4) of the City's appraisal of right -of -way interest herein vacated, and such charge being reasonable and proper. SECTION III: This Ordinance shall be effective upon its passage, approval and five days after its publication. A certified copy of this Ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 2nd day of February, 1987. Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 2nd day of February, 1987. Approved as to form: Lawrence J. Warre i y ttorney ORDINANCE NO. 4044 Date of Publication: February 6, 1987 -2- Barbara Y. Shinpoch, Mayor ORDINANCE NC'. 4044 E X H I B I T "A" NELSON PLACE Legal Description All that portion of the Southwest Quarter of Section 24, Township 23 North, Range 4 East, M.N., in King County, Washington, described as follows: N CO A sixty -foot wide road (formerly known as Steele Hill Road) established by an 'ORDER OF ESTABLISHMENT" by the Board of Commissioners of King County, WashingtRn, dated the 25th of Nay, 1931; the centerline of said sixty -foot wide roadway being more particularly described as follows: Beginning at the intersection of So. 153rd St., Ste. 65.60.17, Survey No. 1599, Sec. 24, Twp. 23 N., R. 4 E. W.M.; Thence North 15'45' East a distance of 227.94 feet; Thence along the arc of a curve to the right having a radius of 57.30 feet for a distance of 64.36 feet; Thence North 80'07' East, a distance of 75.08 feet; Thence along the arc of a curve to the left having a radius of 573.14 feet for a distance of 247.33 feet; Thence North 55'23' East for a distance of 65.08 feet; Thence along the arc of a curve to the left having a radius of 674.27 feet for a distance of 360.78 feet, which intersects with Steel Hill Road, Sta. 6.35.43. to the trminus of said center line. Together with all that portion of S. 153rd St. lying between the southerly extentions of the western and eastern right of way lines of said sixty -foot wide road (formerly known as Steele Hill Road). EXCEPT ALL THAT PORTION THEREOF lying easterly of the westerly Right -gf- May Line of the formerly C.N. St. Paul & Union Pacific Railroad. Nelson Place Page Two et TOGETHER WITH ALL THAT PORTION of a 40 -foot wide street as Shown on King O County's Assessor map as Nelson Place lying northerly of the northerly Right- CV or - May Line of So. 153rd Street and lying westerly of the westerly Right -of -May Line of C. N. St. Paul d Union Pacific Railroad. 00 All Situate in the Southwest Quarter of Section 24, Township 23 North, Range 4 East, M.N., King County Washington. N1.07 6/16/06 ORDINANCE NO. 4044 EXHIBIT "A" d z0 Id1 c5.. gat og • •,i . r • .4 • • 1 ' • • •' _ / - M O JT i - ` - ▪ `• . . .....:.• T r % � o K 6. Mr i d %. �N `Arri• ✓ - — �� • Q . I O =As at uaQj �[t: jYiiou SO Hsu c. 0114;:137 •r• � 2 • • r • ±`�. � ° ` a re • / • • ? V[ -1?6. b - . as I 6 p.. 00 01 • .3 • J >r� ..r'� i� 1 b' 7A / b' .. N39d9_ 3! / H." V� it's, 04", .•w.! 7fC ,e4 7N . 2"922 .s. J ' i N . 14i I ...(1:. 0 \::::11 L622:14\1 1 • �r E�._3d .. r- t r . •, • • . •• 1 _ . - • _ • , •. . j nn �., y • t ..i • • r 1 ..x. •. = i •1. �.�`- . ± ' y /! . ••• A� .:�. e r. ! : T • ' : • ••:i • C • • .. • .. • • • • •.... • •a • .. • :•:: /6.10:. L O a:i• .i •i t1Q, • • 9809250836 Branch :GOK,User :BLOE KING,WA Document: 1998.09250836 40 PUGET CUSTOMER SERVICE EASEMENT SOUND ENERGY For official use ony Reference / Grantor SitttSH PAMSLY Fuse C61a 're sit Granter Puget Sound Energy, Inc. Legal Dueerlptlon• PT1g S w L4 -21 -04 Assessorls Tax ParoellDl: t423O4- 90rS gain_ tJ hereby acknowledged, I- IlttsH FAMILY Fsb1 r'EMTFRe. Lh►f I. , (,) ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington corporation G) ('Grantee' herein), a perpetual easement over, across and under the following described real property (the LO 'Property' herein) in 1(114G. COUNTY, Washington: L7 For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is SEE EXHIBIT'A' ATTACHED HERETO Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (he 'Easement Area herein) described as: an Easement Area ten 110) feet in width having five (5) feet of such width on each side of the centerline of Grantee's facilities located as constructed or to be constructed, extended or relocated on 'he above-described property. 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, Improve, remove, enlarge and use one or more electric distribution systems over and/or under the Easement Area, together with all necessary or convenient appurtenances thereto, which may include but are not limited to the following: al Overhead facilities. Poles and/or towers with crossarms, braces, guys and anchors; electric distribution lines; fiber optic cable, communication and signal lines; transformers and street lights. b) Underground facilities. Underground conduits, tables, vaults, manholes, switches and transformers; semi -burled or ground mounted facilities such as pads, transformers and switches; fiber optic cable, communication and signal lines. • Following the initial construction of all or a portion of Its systems, Grantee may, from time m time, construct such additional facilities as it may require for its systems. 2. Access. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights herein. • 3. Vegetation Management. Grantee shall have the right to cut, remove, dispose and control any and all brush, trees and other vegetation presently existing upon the property which could, In the opinion of Grantee, create a hazard to Grantee's systems, or interferes with the exercise of Grantee's rights herein. 4. Grantor's Use of Easement Area and Property. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided that Grantor shall not construct or maintain any building, structure or other object on the Easement Area. Grantor agrees to maintain • clearance between the electric system and any building, structure or other object outside the easement area in accordance with applicable codes. rE 8 5. Successor and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or j all of its rights, benefits, privileges and Interests arising in and under this easement. Without limiting • the generality of the foregoing, the rights and obligations of the parties shall Inure to the benefit of and be binding upon their respective successors and assigns. 3414 woo toot 4T LL,thr.•2$o - E - 095 RAD Comment: Station Id :EGUi EXC ; :. • ION / ca. faa� a r, , Page 1 of 6 lsso sot R CE!VVD MA R 2 32001 UEV oP Printed on 2/13/2007 7:22:19 AM Branch :GOK,User :BLOE Comment: C7 C: DATED this /H INDIVIDUAL day of _il 19 .. /A �.de GRANTOR: BY L i•t-? ,/ BY /!4.t! V zs' �c•., A • � �illlt�.G•t0� STATE OF WASHINGTON ) ) SS COUNTY OF On this day personally appeared before me to me known to be the individuals) described in and who executed the withi ,. ng instrument. and acknowledged that signed the same as bee and volume deed for the use and purposes therein mentioned. GIVEN under my hand and official seal this day of 19 NOOSYSL L SUR INDIVIDUAL STATE OF WASHINGTON ) ) SS COUNTY OF On this day personally appeared before me known to be the Individual(s) described In and who executed the wi that signed the same as Gee and •olunta GIVEN under my hand and official seal Print Name Notary Public in and the the Stale of Washingeo 4 Residing at My commission exams CORPORATE STATE OF WASHINGTON ) SS • COUNTY Of / ) On this day personally appeared me in'UBtlC ,.TA .i V!ASMINCITOIE SANDRA MIAMI 14APPektme4EapkeeMb WON OENERAL PARTNERSHIP STATE Of WASHINGTON COUNTY OF KING,WA Document: 1 998.09250836 N47e®LBFALZIEI11t 1 yal t ) SS ) NOTARY I 1 this to me nd foregoing instrument, and acknowledged deed for the uses and purpose therein mentioned. day of 19 Print Name Notary Pubic In and for the State of Washington, Residing as My mrranktlom eosins nt 7 . - Wu r s � to me knoam respectively, of the corporation that exerted the foregoing Instrument, and acknowledged the said Itnemfe+t to be the free ad vdunary act and deed ct said corporation. for the was and purposes therein mentioned, and on oath stated that they authorized to ensue the said instrument and that the seal is the ass of i 19 Print Name $A AI.A Q{f / ' 7/14A Waxy Public and for that Sum of Washington. Residing at £ EATrtF My a aestionempires 3• / 3 •ran - + I On this day of , 19 baton me. a •. is In and for the state of Washy gton, duly commissioned and sworn. personally appeared to me known to be the general partner al a Washington General Pathway, who executed the within and foregoing • . _ acknowledged said imt, unenl to be kee and voluntary ad and deed as the . - and purposes therein mereloned. WITNESS my hand al seal the day and year In this certificate above written. Print Name Notary Public In and for the Stave of Washington. Residing at My commission exprea • Station Id :EGUI Page 2 of 6 Printed on 2/13/2007 7:22:20 AM Branch :GOK,User :BLOE Comment: Station Id :EGUI EXNIg1T��A PARCEL 1: THAT PORTION OF THE WEST HALF OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN. IN KING COUNTY. WASHINGTON, BONG MORE PARTICULARLY DESCRIBED AS FOUAWS: COMMENCING'AT THE INTERSECTION OF THE 2W-UNE OF PRIMARY STATE HIGHWAY NO. 1, GREEN FINER INTERCHANGE. ALL AS CONVEYED TO OR CONDEMNED HY THE STATE Of WASHINGTON BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 5499612, 5507291. 5510773, 5503778. 5536582. AND PROCEEDVIGS UNDER KONG COUNTT SUPERIOR COURT CAUSE NO. 596089. STA POC (210 134+28.56. WITH THE A -LINE, ETA POT U) 102+82.12 AS SHORN ON THAT CERTAIN MAP ON FIE WITH THE STATE OF WASHINGTON DEPARTMENT OF TRN6PORTAIION LABELED SR 405 GREEN RIVER INTERCHANGE RIGHT OF WAY STA 99+00 TO STA 120+00. SHEET 2 OF 2, APPROIAL DATE OF .•ALARY 30, 1962, WITH LAST REVISION DAIS OF DECEMBER 31, 1992; THENCE NORM 42'30'02' EAST ALONG THE CENTERLINE OF END A -LINE. 88.55 FEET TO ETA 103+70.67 OF SAID A -UNE; THENCE NORTH 4T29'58' WEST, 60.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY SAID PRIMARY STATE HIGHWAY NO. 1, SAID POINT BERG THE BEGINNNG OF A CURVE ,CONIAVE TO THE SOUTH WITH A RADIUS OF 163.00 FEET. AND ALSO BONG THE TRUE POINT OF BEGINNI G: THENCE NORTHERLY, EASTERLY. AND SOUTHERLY ALONG SAID RIGHT OF WAY ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64 '48'29" A DISTANCE OF 184.37 FEET; THENCE ALINING SAID RIGHT OF WAY, AM BEARING NORTH 21'14'11' EAST. 38.16 FEET; THENCE NORTH 64'48'O8' WEST. 5.90 FEET: THENCE NORM 2758'18' WEST, 168.10 FEET; THENCE NORTH 2701'42 EAST. 229.49 FEET TO A POOR ON THE ORDINARY HIGH WATER LINE OF THE GREEN (WHITE) RIVER AS R WAS MAPPED BY BARGH AUSEN CONSULTING ETIGINEERS, INC. ON AUGUST 11, 1997; THENCE ALONG THE ORDINARY HIGH WATER UNE OF SAID RIVER THE FOLLOWING COURSES AND DISTANCES: SOUTH 7000'00' WEST. 39.06 FEET: THENCE SOUTH 7700'00' WEST. 65.00 FEET; THENCE SOUTH 6TOOb0• WEST. 100.00 FEET; THENce scum 574Voo• WEST. 30.00 FEET; TFIOICE SOUTH 6550'00• WEST, 38.00 FEET; .113 . THENCE SOUTH 00'00' WEST. 50.00 FEET: C7 THENCE SOUTH 374700' WEST. 40.00 FEET; U THENCE SOUTH 3700'00' WEST. 60.00 FEET; U) THENCE SOUTH 5720'00' WEST, 50.00 FEET TO THE NORTHEASTERLY RIGHT OF WAY FOR SAID 211- C) UNE; THENCE SOUTHERLY ALONG SAN) RICHT Of WAY LANE TO ITS INTERSECTION WITH NE NORTHERLY RIGHT OF WAY Of SAID A -LINE; THENCE NORTH 4230•02' EAST. ALONG SAID NORTHERLY RICH' OF WAY, 9.42 FEET TO THE POINT OF BEGINNING. KING, WA Document: 1998.09250836 Page 3 of 6 Printed on 2/13/2007 7:22:21 AM Branch :GOK,User :BLOE Comment: Station Id :EGU1 KING,WA Document: 1998.09250836 EX 11161T ' PARCEL 2: THAT PORTION OF THE WEST HALF Of SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST Of THE WILLAMETTE MERIDIAN. IN KING COUNTY, WASHINGTON. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENC?IC AT THE INTERSECTION OF THE 2M-UNE OF PRIMARY STATE HIGHWAY NO. 1. GREEN RHER INTERCHANGE, ALL AS CONVEYED TO OR CONDEMNED BY THE STATE Of WASHINGTON BY DEEDS RECORDED UNDER MG COUNTY RECORDING NOS. 5499612. 5507291, 5510773, 5503778, 5536582, AND PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 596089, STA POC (211 ) 134+2656, WITH THE A-UNE, ETA POT (A) 102+ 82.12, AS SHOWN ON THAT CERTAIN MAP OR FRE PM THE STATE Of WASHINGTON DEPARIYENT OF TRANSPORTATION LABELED SR 405 GREEN RWER INTERCHANGE RIGHT Of WAY STA 99+00 TO ETA 120+00. SHEET 2 OF 2, APPROMAL DATE Of JANUARY 30. 1962, WITH LAST REV6ION DATE OF DECEMBER 31, 1992: THENCE NORTH 4730'02' EAST ALONG THE CENTERLINE OF SAO A -ERE. 88.55 FEET TO ETA 103+7167 Of SAID A-UNE: THENCE NORM 4729'58' WEST, 60.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF SAO PRIMARY STATE HIGHWAY NO. 1. SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, THE RADIUS POINT OF MRICH BEARS SOUTH 4729'58' EAST. 163.00 FEET DISTANT; THENCE NORTHERLY. EASTERLY. AND SOUTHERLY ALONG SAID RIGHT OF WAY ON THE ARC Of SAO CURVE THROUGH A CENTRAL ANGLE OF 6418'29' A DISTANCE OF 184.37 FEET, TO THE TRUE POOR OF BEQI*NNG; THENCE CWNIINUNG ALONG SAID NORTHERLY RIGHT OF WAY UNE ON SAID CURVE THROUGH A CORRAL ANGIE OF 22'45'54' AN ARC DISTANCE OF 64.76 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY AND BEARING NORTH 24'09'32' EAST. 41.99 FEET; • THENCE NORTH 65'34'09' EAST, 149.44 FEET; C') THENCE NORTH 5443'56' EAST, 207.60 FEET; • THENCE NORTH 331415' WEST, 25.64 FEET, THENCE NORTH 5352'52' EAST. 93.41 FEET: 1 :2 THENCE NORTH 1703'48' EAST, 53.44 FEET; THENCE NORTH 1749'32' WEST, 49.22 FEET: THENCE NORTH 48'58'55' WEST, 20.06 FEET; THENCE NORTH 20'08'22' WEST, 44.35 FEET; THENCE SOUTH 69'51'38' WEST. 24.62 FEET; __ WATER L/C OF DC tr) THENCE NORTH GRED1 (WHITE) RIVER. 51 IT WAS EN BBARCHAUUSEN CONSULTING ENGI INC. ON AUGUST I1. 1997; THENCE ALONG THE•ORDINARY HIGH WATER LINE OF SAID RNER THE FOLLOWING COURSES AND DISTANCES: SOUTH 7730'00' WEST, 3.45 FEET; THENCE SOUTH 7700'00' WEST, 80.00 FEET: THENCE SOUTH 71'30'00' WEST, 55.00 FEET: THENCE SOUTH 79'20'00" WEST. 70.00 FEET; THENCE SOUTH 69'00'00' WEST. 65.00 FEET; THENCE SOUTH 66'40'00' WEST. 55.00 FEET; THENCE SOUTH 70'00'00' WEST. 15.94 FEET; THENCE LEAVING SAD ORDINARY HIGH WATER LINE AND BEARING SOUTH 2701'42' WEST, 229.49 FEET; THENCE SOUTH 2258'18' EAST. 166.10 FEET; THENCE SOUTH 64'48'08' EAST, 5.90 FEET: THENCE SOUTH 21'14'11' WEST. 38.16 FEET TO THE POINT OF BEGINNING. Page 4 of 6 Printed on 2/13/2007 7:22:21 AM Branch :GOK,User :BLOE EXHIBIT I NS► . Comment: PARCEL 3. THAT PORTION OF THE WEST HALF OF SECTION 24. TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE WWII LAMETTE MERIDIAN. IN KING COUNTY, WASHINGTON. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COYYENCNG AT THE INTERSECTION OF THE 211-UNE OF PRIMARY STATE HCHMAY NO. 1, GREEN RIMER WaERCHAIGE, ALL AS CONVEYED TO OR CONDEMNED ETY THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER TONG COUNTY RECORDING NOS. 5499612. 5507291. 5510773. 5503778, 5536582, AND PROCEEDINGS UNDER RIM COUNTY SUPERIOR COURT CAUSE NO. 596089, STA FCC (211) 134+2658, WITH THE A -LINE; STA POT 102+82.12, AS SHOWN ON THAT CERTAIN MAP ON FIE MTH TIE STATE OF WASHINGTON DEP OF TRANSPORTATION LABELED SR 405 GREEN RIVER INTERCHANGE RIGHT OF WAY STA 99+00 TO STA 120+09. SHEET 2 OF 2. APPROVAL DATE OF JANUARY 30, 1962. WITH LAST REVISION DATE OF DECEIVER 31, 199$ THENCE NORM 4730'02 EAST ALONG THE LXMERLNE OF SAID A-UNE. 88.55 FEET TD STA 103+70.67 Of SAID A-LNE; • THENCE NORTH 472918' WEST. 60.00 FEET TO A POOR ON THE NORTHERLY RIGHT OF WAY Cr SAD PRIYARF STATE HIGHWAY NO. 1, SAD POINT BEING THE BEGI LING OF A CURVE CONCAVE TO TIE SOUTH WHOSE RADIUS POINT BEMIS SOUTH 4730'02' WEST. 163.00 FEET DISTANT; THENCE NORTHERLY. EASTERLY, AND SOUTHERLY ALONG SAID RIGHT OF WAY, ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF TIT3r2r A DISTANCE OF 249.13 FEET TO THE TRUE PONT OF THENCE CONTINUING ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 122'20' A DUNCE t0 OF 3.90 FEET TO A POINT OPPOSITE ETA PT 105+3055 OF SAID A-UNE. AND 60 FEET DISTANT; • THENCE CONTINUING ALONG THE NORTHEASTMY AND NORTHERLY RIGHT OF WAY OF SAID A-LIE DE • FOLLOWING COURSES AND DISTANCES: O L•) C7 4 (13 O) KING,WA Document: 1998.09250836 Page 5 of 6 Printed on 2/13/2007 7:22:22 AM Station Id :EGUI Branch :GOK,User :BLOE Cd to I'7 C') LC) X. 0 L') L7 C : :) 0 0 00 7 a EXHIBIT" A" PARCEL 3 continued SOUTH 483318' EAST 115.79 FEET; THENCE NORTH 81'2416' EAST. 106.02 FEET; THENCE SOUTH 0835•34' EAST. 60.00 FEET: • THENCE SOUTH 1741'53' WEST, 29.84 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTH. WidOSE RADIUS POW BEARS NORTH 1T41'53' EAST, 182.00 FEET DISTANT; THENCE EASTERLY ALONG THE ARC OF SMD CURVE THROUGH A CENTRAL ANGLE OF 21'38'15' A DISTANCE OF 68.73 FEET: THENCE NORTH 6658'45' EAST. 152.75 FEET; THENCE SOUTH 2301'15' EAST. 20.00 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY OF SECOFIOARY STATE HI HWAY 1-L FORMERLY 10IOWN AS THE BLACK RAH JUNCTION- RDNTON ROAD NO. 1193) AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER TONG COUNTY REC. NO. 2919485; THENCE NORTH 66'58'45' EAST ALONG SAID NORTHWESTERLY RIGHT OF WAY, 482.07 FEET. 1D ITS INTERSECTION WITH THE WEST MARGIN OF THE 100 -FOOT RIGHT -OF -WAY CONVEYED TO CHICAGO, YLIV AL1ICEE. AND ST. PAUL RALWAY COMPANY EN DEED RECORDED UNDER KING COUNTY RECORDING NOS. 453942 MD 99537R THENCE NORTHERLY ALONG SAID WEST WON AND SAID WEST MARGIN EXTENDED NORTHWESTERLY PARALLEL TO THE CENTERLINE OF SAID RAILROAD TO PS INTERSECTION WITH THE EASTERLY EXIDGION OF THE BOUMDARY UNE AS ESGEISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 725392: THENCE SOUTH 4814'49' WEST ALONG SAID BOUNDARY LIE EXTENSION, 134.07 FEET TO ITS INTER- SECTION WITH A UNE THAT LIES 200 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE.CENTERJNE OF THE NORTHERN PACIFIC RALWAY; THENCE NORTH 3314'49' WEST ALONG SAID PARALLEL ERNE. 26.06 FEET. TO IRS POINT OF INTERSECTION WIN THE ORDINARY HIGH WATER IDLE OF THE GREEN ( WHITE) RIVER. AS IT WAS MAPPED BY BARGHM15D1 CONSULTING ENGINEERS. INC. ON AUGUST 11. 1997; THENCE ALONG THE ORDINARY HIGH WATER LONE OF SAID RNER THE FOLL.OWINO COURSES AHD DISTANCES: SOUTH 5520'00' WEST. 51.46 FEET THENCE SOUTH 7730'00' WEST. 55.00 FEET; THENCE SOUTH 74'00'00' WEST. 50.00 FEET; THENCE SOUTH 7730'00' WEST. 51.55 FEET; THENCE LEAW10 SAID ORDINARY HIGH WATER LINE AND BEARING SOUTH 1722'51' EAST. 105.07 FEET; THENCE NORTH 6751'36' EAST. 24.82 FEET; THENCE SOUTH 20'08'22' EAST, 44.35 FEET: THENCE SOUTH 48'58'55' EAST, 20.08 FEET: THENCE SOUTH 1749'32' EAST, 49.22 FEET; THENCE SOUTH 1703'48' WEST. 53.44 FEET; THENCE SOUTH 5352'52' WEST. 93.41 FEET; THENCE SOUTH 3314'15' EAST, 25.84 FED; THENCE SOUTH 54'4316' WEST, 207.60 FEET; THENCE SOUTH 65309' WEST. 149.44 FEET; THENCE SOUTH 24'09'32' WEST. 41.99 TO THE POINT OF FEONH6NG. Comment: Station Id :EGUI KING,WA Page 6 of 6 Printed on 2/13/2007 7:22:23 AM Document: 1998.09250836 9812090543 Branch :GOK,User :BLOE RETURN ADDRESS Iga. "Ineb / 5 /13Q .54btr uo' D2. l3p71 Ztt • /h. Ste/ KING,WA Document: 1998.12090543 Reference Numbers(s) of related documents Grantor(s) a... n..... •area, vitro t1t ID Grantee(s) a.+, P W mw raise ��Prta?r /nk M J1# -2,/L Assessor's Property Tax Parcel/Account Number :2493c/1- 4CG 3 - Comment: Station Id :EGU1 Page 1 of 4 rzati sr trA I nm.m - Document- Ws }w -.... Medial Relay= r. o PP Al laeo per gs asp p A.ari.r Simone' en aw Legal Description wommiga e.s. u- w, r.a.. - «.taw► a•a+M flW 1181 41 0110.1 �aQTfM/ of Cdr, aS :!S.v ALA „hp, A.5.0 46. J „4. Allard kpa Is a PA MONO pgaa rump..., The Ara wake duVS' b•u.rr. erissI nfltra}SY The at.�rawdMM rv.' ►w. worm or of tlr Weft Wlrrr adr Pearll 0 8 3 Ifl. C,E71 I v 47:0 MAR 2 3 2007 Printed on 2/13/2007 7:23:01 Branch :GOK,User :BLOE Comment: ° Page N I The undersigned Grantor(s) be and In eanddaube of MOW Benefits $000.00 ) and other good and viands cosideatton, the receipt whereof Is hereby acknontedge , do hereby grant and convey to Electric Ughtwa s Inv, (Graotea) whose address is 1211 Tiled Amara Sub 915, Seattle. Washington 92101, its successors, saigm. assess, brimeea and agents a perpetual easement to onepmct, reconwuct, operate, maintain and remove such tdoartnawlatluss Aadddss as Gratts nay retie upon war. wrier and across the (Wowing dmcrlsed land whkb the Grantor owns cc in width the Grantee has say steed in, to wit: A ten foot (10') wide easement across the property of the Grantor as described on Bxhilit °A" attached, (page 2 ) and shown on the drawing attached as Exhibit B' (page 5) herein made a part hereof. The centerline of said easement Is the underground cables as placed across the property described on Exhibit "A' , said cables befog in a joint trench with the power company. Of/ 1 P. 't e*•r ..re rn..eranrr- A wNittic a.w+.w vin .. oNA,flyd' f flrrnsi.✓.v s.r/,sW l./s.t. /dry n✓ stl•' ir.t+-traw eft- ofirtvwles5v owwt? Situated In Caney of KIng___, State of WuNryam Grantee dal have the right enures, and egress our and amiss the land of the Gremor to sod from the above described properly and the right to eleu and keep e at trots sad other obamtwtioas. Grantee dull bs responsible for as damage caused to Grantor nisi. Dom Grsakal macho' of the rights and minion herein el no Mentor reserves the ripfit to occupy. use and cultivate said easement it o.0 Imposes not l000adiset with, nor intattring, with 1 / 1 the ooe o(ib6 -- -- executors, administrators, a eceseoes and assigns &the respective puttee hereto. Aral Asir, controversy or disputa arising out dtbs agreement shall be staled by etbltra don la aecard.a with the applicable nuns Mats Neal e= Arbitration AMMO* wed Ovum upon the award rendered by the ~me la y maybe eased der any cant having jurisdiction dame The arbitration shall be conducted In the county when the (a property is located. t) KING,WA Document: 199 8.12 090543 (Indidittul State of County of On this day puma* appwsd bsfreo me known to me to be the Wieland who aoudad the the tbregolttg imaumes 1. and adatmriedged tla4_ signed the Sams u Ace and ootmwy a teat deed, teethe era and prepoes heroin mtsdloned Given tingler. dty hlel nod a OBdu sad tits o f n t.rc i9: Notary Public it ae,(itdditue of residing at My commission swats: EASEMENT (Cowan Admowledgmmt) Stsec of ,01615,V4/v►N Cousiy of AMA On the day pueastly soared bean ms Jcv rat /14. ". 11 who did sty hehhs b the sej'RB}11ey lob • 211116001 of sir oetpetelMn themetttted tat .tsnumnt sad ekeoeledgad saki= robs du laiy set nod dead afield OWE* - atbti the tau MA miner d ondemillomd, • and eat cob stated adborbsd to asents Midiedrumult ea beielforths OWN War ray had old Mktg and tics day of 1 / 19 Nam Ptbg*Y gel IbtffhIawef s..G4 . reds*. lac G�? / �� My comModoe arirse �'v.I S/• i �� • Page 2 of 4 Printed on 2/13/2007 7:23:01 AM Station Id :EGU Branch :GOK,User :BLOE PARCEL :.Fx�a�7" A'' PA6O 2, 23 NORTH. RANGE 4 EAST OF THE • UERIDI'd . IN KING CWNTY NGTON. �NG WORE PARTICULARLY O[__SCRIB,EO AS my of sEb•noti 24. FOLLOWS: STATE NOWAY NQ I. +4 RTAeR O AT THE INTLRSECDoN OF TMEi2WhUNE OF Mu& 8Y DEEDS E; ALL C COUNTY O TO OR51A't+o~+R � CND 1 g U � 77 5 i RECORDED UNDER RING E R COUNTY RECOR001 NOS 5499612,__550 AND PROOF WEER OT ( 102+82.12. AS SHOWN ON MAT CERTAIN ON R(OI STATE of THE A-T3E,DA POT ADON v ten SR JANUARY J0. 992. OW WM 1TAST RREV151 DATE OF DECEMBER • 0311. 1 2: 2 OF 2. APPROr WHO NORM 42 30'02 EAST At3NG THE OF SAID A-LIN . 99.55 FEET 70 STA 103470.67 OaC OF SAID OF cE A-UNE: TO A POINT ON THE AK A TO Y RIGHT P T O 1HE SMITH NORTH IG Y 8' T I 60.00 CONCINE THE WH STATE PHW O INT NO. I SAID PONT r W ST, 4 7 30 WEST 183 FEET DISTANT. RAMS THENCE TRLY. EASTERLY, 90tJIH RIGHT OF g9AY, ON THE CURE Y� Y om', E of O 4'23 DISTANCE OF 249.13 FEET TO TIE TRUE POINT OF � uRvE A CI aim Mom OF 1'22'20• .A 06 W2 Of Of FE T981PI0 ON THE ARC O i 105430..55 OF SAID A-lA� AND 80 fur MAW 90 AS1FRt AND NORTHERN ROHR OF FLAY OF SAID 11- Lie la FOUMMA COURSES AND DISTANCES: t SOUTH 453318' EAST 115.79 FEET: THENCE NORTH 51'24'2 EAST, 106.02 THENCE SOUTH 053334 FAST. 60.00 14f)10E SOUTH 1T41'53' WEST. 29- TO NORTH. WHoSE RADTus PONT EASTERLY ALONG THE ARC of DISTANCE OF 68.73 r T ` ROW Y NO. 11ENct NORTH • EAST. 20.00 FEET TO A POINT ON THE '� , 11E3 AS OONVE1fE0 • E . 9YIIFTE>:O , Y RIGHT OF WAY. 462.07 TDC if 0 INT NEW MOM �noN WTTH THE WEST SWAGING S �1 DEED OT RI UNDER COUNTY ylLylAl�E. AND SL PAUL RAILWAY Y IA NOB. 453942 ANO 9 N AND MO Flea MA pt1El war THENCE NORTIE C ALONG d V10 TO ITS INTERSECTION wiTH 14i 7253973 ' OFNC E7. To 1 4 1 ICING OUNT � 4 ID US MO- go THEME SOUTH SO�q, TERI.Y Of AND P THE CINTE�k UES 20o SECTION WITH A LDIE T1Y1T THENCE ;SUMMON • CE NORTHERN P pJE ALO P � OM 2� AS R PONT WPPED nit NORTH 33'54 49 1rfEE5T Kam' 'am 11 mom HIGH watt' UNE OF GREEN (9141E) 0016UUW0 ENGINEERS. INC. ON AUGUS �11 1 THENCE ALONG THE ORPINA� HIGH ^'T�' LINE OF SAID RIVER THE FOUDW O CCOUIES AND • 11 5•20'OO' WEST. 51.49 FEET: :00 fE1;T; THENCE SOUTH 7730'00' WEST. THENCE SOUTH 74•00'0' MST. 50.00 Mime LEAvNG SAD °ROTOR; THENCE SOIJM 7 6 WA I LINE AND BEANO SOWN 1722'91' EASE: 1080f Fars MICE .NORTH 691W39 EAST, 24.92 THENCE: mum 20'0622 EAST. 4435 THENCE SOUTH 46'69 EAST. 20.06 THENCE SOUTH 1749 3Y EAST 49.22 THENCE somminew �; 53.41 THENCE SOUTH .5.113212- ' THENCE SOUTH 3314'18' EAST 26.64 KING,WA Document: 1998.12090543 Comment: Page 3 of 4 ■ • • TO THE BEGINNING OF A NON- TANCf! C CONCAVE NORTH 1741'63' fA51. mA L 5 4ry9'15' A CURVE THROUt+N A (xniiw- • Station Id :EGUI Printed on 2/13/2007 7:23:02 AM Branch :GOK,User :BLOE Comment: Station Id :EGU KING, WA Document: 1998.12090543 Electric Llghtweve, Inc., en doe properly et Huth Family Fun Centers. hie. 0110 West Mercer Wail Bellevue, WA. 98989 • Sedlon 24 Township 29N Range 4E Waialeale Meridian Ktnn County, Weehlnoton State Tukwila &draw ae Tell Lead Job Number t11LHS001 Length i• wide es burl Page 4 of 4 Printed on 2/13/2007 7:23:03 AM Branch :GOK,User :BLOE Return Address: Document Title(s): Parties: CITY OF TUKWILA City Clerk's Department 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 KING,WA Document: 1999.04151147 City of Tukwila_ Washington CITY OFTUKWILA DOCUMENT RECORDING COVER SHEET Other: JL iiia.1 1 TL .. /1 last None First Hams Initials S /hat ‘ F- �.... J� P,•• Co.a.7 N 4r".... .e. Coapwy Name (if bulnw) i Aemta 730Z/,.. c..... fvyr _ City h AsseSsor's Property Tax Parecl/Account Ntmiber(s): recreational river bank dike trail easement huish john huish family fun center Public Woks: 2/23/97 Comment: Station Id :EGUI 1. �rsrl' Siam .Zip Page 1 of 5 RECEIVED MAR 2 3 2007 COMMUNITY DEVELOPN TENT 25 Printed on 2/13/2007 7:22:16 AM Branch :GOK,User :BLOE : . KING, WA Document: 199 9.04151 14 7 RECREATIONAL/RIVER BANK/DIKE TRAIL EASEMENT THIS AGREEMENT is entered into between the FAMILY FUN CENTERS. TUKWILA, LLC, a Washington limited liability company (hereinafter referred to as "the Grantor"), and the CITY OF TUKWILA, a Washington optional municipal code city (hereinafter referred to as the "the Grantee"). WHEREAS, Grantor owns or has an interest in certain real property (hereinafter referred to as "the Property ") located adjacent to Green River in the City of Tukwila, Washington more particularly described on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full; and WHEREAS, Grantee is in the process of developing a public recreational trail under Highway 1-405 and along the Green River within Grantee's Pmporate limits; and WHEREAS, the City of Tukwila and other agencies require access to the river bank for maintenance, monitoring, construction of future possible dike/levee and/or river bank stabilization improvements, and WHEREAS, Grantor has agreed to grant an easement to Grantee to develop the Property as an outdoor recreation trail for public use and Grantee has agreed to utilize the Property for such use according to certain terms and conditions; NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, Grantor hereby conveys and grants to Grantee, its successors and assigns, a perpetual. nonexclusive easement across, along, in and upon, that portion of the Property described as the "Recreation Trail" on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full, subject to the following terms and conditions, by which Grantee agrees to be bound: I. Use of the Property. Grantee's use of the Property shall be for the purpose of landscaping, developing and maintaining the Recreation Trail portion of that Property for public recreational trail purposes and of installing, maintaining and providing for public use of recreational facilities thereon. The use of the Recreation trail will be restricted to pedestrian and bicycle use. Camping, campfires. the use of firearms and any other activities that would be inconsistent with the safe use of the Property by the public will be prohibited. In addition to the restrictions on use provided hettdn, Grantee shall have the power to promulgate and enforce such other rules and regulations for use of the Recreation Trail by the public as it may deem fit and proper to promote safe and equitable use. Access to and also maintenance, monitoring, construction of riverbank stabilization and/or new dike/levee systems by the City or other public agencies, will be carried out on this easement 2. Construction and Maintenance. The design of the public Recreation Trail and bridge across the Green River shall be the sole discretion of the Grantee. Grantee agrees to make reasonable attempts in designing the public Recreational Trail and bridge to accommodate any Comment: Station Id :EGUI Page 2 of 5 .._Z 5 x Printed on 2/13/2007 7:22:16 AM Branch :GOK,User :BLOE plans for development by Grantor on property adjacent to the Recreation Trail. All design, engineering and construction costs incurred in completing the gravel base along the Green River shoreline shall be at the sole cost and expense of the Grantor. All design, engineering and construction costs incurred in completing the gravel base on the cast side of the Grantor's property shall be at the sole cost and expense of the Grantee. The Grantee shall pay for all engineering and construction costs related to the paving of the shoreline trail and east side trail sections and for river bridge and related approach costs. Grantee shall be responsible for all maintenance and repair costs incurred with respect to the Recreation Trail, unless damage is caused by the Grantor, their representatives, or future owners of Grantor's property. The Grantor shall maintain all grounds up to the edge of the asphalt trail on the land side of the asphalt trail. The Grantee shall maintain the asphalt trail and all l ands towards the river as it relates to trail use. The construction and maintenance of trail systems and associated landscaping shall be in accordance with the most current riverbank stabilization studies conducted for this property. 3. Indemnity. Grantee shall indemnify, defend and hold harmless the Grantor from and against any and all claims, losses or liability, or any portion thereof, arising from injury or death to persons or damage to property occasioned by a negligent act, omission or failure of the Grantee, its officers, agents and employees, in maintaining the Recreational Trail. 4. Successors. This Agreement shall be recorded with the King County Auditor and shall constitute an easement and servitude running with the land, inuring to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. GRANTEE: CITY OF TUKWILA ATTEST/ (itC C. b - : Jane Cantu, City Clerk APPROVED AS TO FORM: 13 : Office of to City Attorney KING, WA Document: 1999.04151 147 Comment: 1999 1999. GRANTOR: FAMILY FUN CENTERS, TUKWILA, LLC Page 3 of 5 Station Id :EGUI T�5 � Printed on 2/13/2007 7:22:17 AM Branch :GOK,User :BLOE GRANTEES City STATE OF WASHINGTON ) as. COUNTY OF I certify that I know or have satisfactory evidence that John W. Rants and lane Cantu signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of THE CITY OF TUKWILA to be the free and voluntary act of-such party for the uses and purposes mentioned in the instrument. GRANTORS Corporate STATE OF WASHINGTON COUNTY OF . I certify that I know or have satisfactory evidence that John M. Huish signed this instrument. on oath stated that John M. Huish was authorized to execute the instrument and acknowledged it as the ;... ' t of FAMILY CENTERS, TUKWILA, LLC to be the free and voluntary act of and purposes mentioned in the instrument. unit � - �'` -- Signature of Noto Public Title `/101t4rg Pribk : My appointment expires 5 /fra STATE OF WASHINGTON ) ) SS OoUNTTOP • I certify that I know of have satisfactory evidence that signed this instrument and acknowledged it to be five and voluntary act for the uses and purposes mentioned in the instrument T,riarccease.d« KING, WA Document: 1999.04151 147 )ss. Signature of Notary Publ' a Tide 1 �b1'r' My appoin t expires 8 f 7 Comment: Dated Signature of Notary Public Title My appointment expires Page 4 of 5 Station Id :EGUI x.25 Printed on 2/13/2007 7:22:18 AM Branch :GOK,User :BLOE • Comment: Station Id :EGUI KING,WA Page 5 of 5 Printed on 2/13/2007 7:22:18 AM Document: 1999.04151147 Please print or type mrormauon ►r4-.........•-. –..... • - -_. –_— — _ Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. River Protection Easement 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference pi's on page of document Grantor(s) (Last name, first name, initials) 1. Family Fun Centers, Tukwila, LLC 2. H2Hotel, LLC 3. )-I2Office, LLC Additional names on page of document. Grantee(s) (Last name rust, then first name and initials) 1. King County 2. , Additional names on page of document. • Legal description (abbreviated: i. lot, block, plat or tion, toy/whip, �hip, range) LT5 1 2 itl56cii Jil ' iowrr ,na3 , J 1 4E `i nr- , id At 1 006, & I, See attac Schedule "A" Pages 1.2 & 3 and Schedule "B" plus Map Assessor's Property Tax Parcel/Account Number O Assessor Tax # not yet assigned 242304 - 9013 -07 and 242304 - 9092 -01 and 242304- 9063 -06 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. W Branch :GOK,User :BLOE Comment: Station Id :EGU1 RECEIVE MAR 2 3 200?0050223000003.001 C OMMUN ( Ty O EVELOPJI 1111 ��'I ��,'' l t ,�, COUNTY, ' �0z�300m003 200�„ri SAS PAG 6M� S 8 3T KING TtC RECO � Cover Sheet ( RCN 65.04) I am requesting an emergency nonstan d ar d recor f or an a dd i t i o n al fee a s pr ov i ded i n RC 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. KING,WA 1/ A (� /7/�/�/�/� } r1,I -,,n -, lt• /111,6 (1771000003 Page 1 of 8 Signature of Requesting Party Printed on 2/13/2007 7:20:46 AM Branch :GOK,User :BLOE AFTER RECORDING RETURN TO: King County Property Services Division 500A King County Administration Building 500 Fourth Ave. Seattle, WA 98104 Comment: Station Id :EGI] DOCUMENT TITLE: River Protection Easement REFERENCE NUMBER OF RELATED DOCUMENT: GRANTOR(S): Family Fun Centers, Tukwila, LLC. H2Hotel LLC., and H2Office LLC. GRANTEE(S): King County LEGAL DESCRIPTION: See attached Schedule "A ". Page 1, 2 and 3 ASSESSOR'S TAX PARCEL NUMBER(S): 242304- 9013 - 07/242304- 9092- 01/242304- 9063 -06 RIVER PROTECTION EASEMENT For valuable consideration, receipt of which is hereby acknowledged, the GRANTOR(S), Family Fun Center, Tukwila, LLC, H2Hotel, LLC andH2Office LLC, owner(s) in fee of those certain parcel(s) of land ( the "property"), legally described as follows: SEE ATTACHED SCHEDULE "A ", PAGES 1, 2 and 3. Hereby grant(s) both to KING COUNTY, a political subdivision of the State of Washington, its successors and assigns, agents and licensees, and also to the Green River Flood Control Zone District, a quasi - municipal corporation of the State of Washington, its successors and assigns, agents and licensees (GRANTEES), a perpetual easement for the purpose of accessing and constructing, inspecting, monitoring, reconstructing, maintaining and repairing river bank protection and/or other flood related works, including installing, inspecting and maintaining all vegetation and any other appurtenances thereto across, in, under, on, over and upon the following portions of the above described Property: All portions of the above described parcel along the Green River that are Riverward of a line described as follows: SEE ATTACHED SCHEDULE "B" with map. ("the Easement Area"), together with reasonable ingress and egress upon the Property to access the Easement Area. Grantees shall have the right at such time as may be necessary and at the Grantee's sole discretion, to enter upon the Property and to have unimpeded access to, in and through the Easement Area for the purpose of exercising the grantee's rights as described herein. 20050223000003.002 KING,WA Page 2 of 8 Printed on 2/13/2007 7:20:47 AM Document: 2005.022 3 000003 Branch :GOK,User :BLOE Comment: Station Id :EGUI KING,WA Document: 2005.0223000003 Grantors agrees not to plant non -native vegetation within the Easement Area and not remove or otherwise alter any improvements installed by grantees, including any native vegetation that may be planted and any flood protection works that may be constructed, within the Easement Area, with nut the prior approval of Grantees. Nothing contained herein shall be construed as granting any license, permit or right, otherwise required by law, to Grantors with respect to the Property and the Easement Area. For the purposes of this river protection easement, the term "native vegetation" shall mean vegetation comprised of plant species, other than noxious weeds (as identified on the State of Washington noxious weed list found at Washington Administrative Code Chapter 16 -750, as amended from time to time), which are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur at the site. Neither Grantors nor Grantees are hereby obligated to future maintenance, repair or other action related to the above - described exercise of easement rights. This river protection easement and/or any flood related works constructed or to be constructed within the Easement Area shall not be construed as granting any rights to any third person or entity, or as a guarantee of any protection from flooding or flood damage, and nothing contained herein shall be construed as waiving any immunity to liability granted to Grantees by any state statue, including Chapter 86.12 of the Revised Code of Washington, or as otherwise granted or provided by law. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrator and successors in interest and assigns to Grantors and Grantees. GI or Family Fun Center Tukwila, LLC STATE OF WASHINGTON G ""r H2Hote1 LW County of King On this • day of /2t2./ , 2004, before me, the undersigned, a Notary Public in and for a Stetsg of Washmgton, duly commissioned and sworn, personally appeared /JA. , to me known to be the individual described in and who executed the foregoip$ instrument, and acknowledged to me that he/she signed and sealed the said instrument as i)/51ree and voluntary act and and deed for the uses and purposes therein mentioned d and o flcial seal the /. 6 day of Given under lucre NOTARY PUBLIC in and forth State of Washington, residing at - 714errnC1_ My commission expires ss. Grantor H2Office LW � RUTHANN LOVING s /D -v9 -vG STATE OF WASHINGTON NOTARY --o-- PUBLIC MY COMMISSION EXPIRES 10 -09 -06 , 2004. 20050223000003.003 Page 3 of 8 Printed on 2/13/2007 7:20:48 AM Branch :GOK,User :BLOE Comment: Station Id :EGU 20050223000003.004 SCHEDULE "A" PAGE 1 LEGAL DESCRIPTIONS AFTER ADJUSTMENT: ADJUSTED PARCEL 1: THAT PORTION OF THE WEST HALF OF SECTION 24. TOWNSHIP 23 NORTH. RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE 2M—UNE OF PRIMARY STATE HIGHWAY NO. 1, GREEN RNER INTERCHANGE, ALL AS CONVEYED TO OR CONDEMNED BY THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 5499812, 5507291. 5510773, 5503778. 5536582. AND PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 596089, STA POC (21A) 134+28.56, WITH THE A —LINE. STA POT (A) 102 +82.12. AS SHOWN ON THAT CERTAIN MAP ON FILE WITH TIE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION LABELED SR 405 GREEN RNER INTERCHANGE RIGHT OF WAY STA 99+00 TO STA 120+00, SHEET 2 OF 2, APPROVAL DATE OF JANUARY 30, 1962, WITH LAST REVISION DATE OF DECEMBER 31, 1992; THENCE NORTH 42'30'02 EAST ALONG THE CIZITERUNE OF SAID A—UNE. 88.55 FEET TO STA 103 +70.67 OF SAID A —UNE; THENCE NORTH 4729'58' WEST, 60.00 FEET TO POINT ON THE NORTHERLY RIGHT OF WAY SAID PRIMARY STATE HIGHWAY NO. 1. SAID POINT BENG THE BEGINNING OF A CURVE ,CONCAVE TO THE SOUTH WITH A RADIUS OF 163.00 FEET. AND ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTHERLY. EASTERLY. AND SOUTHERLY ALONG SAID RIGHT OF WAY ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6448'29' A DISTANCE OF 184.37 FEET; THENCE LEAVING SAID RIGHT OF WAY, AND BEARING NORTH 2114'11' EAST, 38.16 FEET; THENCE NORTH 6448'08' WEST, 5.90 FEET; THENCE NORTH 22'58'18' WEST. 166.10 FEET; THENCE NORTH 22'01'42' EAST. 229.49 FEET TO A POINT ON THE ORDINARY HIGH WATER LINE OF THE GREEN (WHITE) RIVER, AS IT WAS MAPPED BY BARGHAUSEN CONSULTING ENGINEERS, INC. ON AUGUST 11. 1997; THENCE ALONG THE ORDINARY HIGH WATER UNE OF SAID RIVER THE FOLLOWING COURSES AND DISTANCES: SOUTH 70'00'00' WEST, 39.06 FEET; THENCE SOUTH 73'00'00' WEST. 85.00 FEET; THENCE SOUTH 6700'00 WEST, 100.00 FEET; THENCE SOUTH 5740'00 WEST, 30.00 FEET; THENCE SOUTH s3'So'GO' WEST. 35.00 FEET; THENCE SOUTH 56'30'00' WEST. 100.00 FEET; THENCE SOUTH 5•00'00" WEST, 50.00 FEET; THENCE SOUTH 3540'00" WEST, 40.00 FEET; THENCE SOUTH 39'00'00" WEST, 60.00 FEET; THENCE SOUTH 5720'00' WEST, 50.00 FEET TO THE NORTHEASTERLY RIGHT OF WAY FOR SAID 2M— TH1� SOUTHERLY ALONG SAID RIGHT OF WAY LINE TO ITS INTERSECTION WITH THE NORTHERLY RIGHT OF WAY OF SAID A —UNE; THENCE NORTH 42'30'02' EAST. ALONG SAID NORTHERLY RIGHT OF WAY. 9.42 FEET TO THE POINT OF BEGINNING. KING,WA Page 4 of 8 Printed on 2/13/2007 7:20:49 AM Document: 2005.0223000003 Branch :GOK,User :BLOE , Comment: KING,WA Document: 2005.0223 000003 ADJUSTED PARCEL 2: SCHEDULE "A" PACE 2 • THAT PORTION OF THE WEST HALF OF SECTION 24. TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN. IN KING COUNTY, WASHINGTON. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE 2M -UNE OF PRIMARY STATE HIGHWAY N0. 1, GREEN RIVER INTERCHANGE. ALL AS CONVEYED TO OR CONDEMNED BY THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 5499612. 5507291, 5510773. 5503778. 5538582. AND PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 596089, STA POC (211) 134+28.56, WITH THE A -UNE, STA POT (A) 102 +82.12, AS SHOWN ON THAT CERTAIN MAP ON FILE Yin THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION LABELED SR 405 GREEN RIVER INTERCHANGE RIGHT OF WAY STA 99 +00 TO STA 120 +00. SHEET 2 OF 2, APPROVAL DATE OF JANUARY 30, 1962, WITH LAST REVISION DATE OF DECEMBER 31. 1992; THENCE NORTH 4T30'02' EAST ALONG THE CENTERLINE OF SAID A-UNE. 88.55 FEET TO STA 103 +70.67 OF SAID A-UNE: THENCE NORTH 4729'58' WEST, 60.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF SAID PRIMARY STATE•HIGHWAY NO. 1, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, THE RADIUS POINT OF WHICH BEARS SOUTH 4729'56" EAST, 163.00 FEET DISTANT; THENCE NORTHERLY, EASTERLY. AND SOUTHERLY ALONG SAID RIGHT OF WAY ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8448'29" A DISTANCE OF 184.37 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY UNE ON SAID CURVE THROUGH A CENTRAL ANGLE OF 2245'54" AN ARC DISTANCE OF 64.76 FEET. THENCE LEAVING SAID .NORTHERLY RIGHT OF WAY AND BEARING NORTH 2409'32" EAST, 41.99 FEET; THENCE NORTH 6534'N" EAST. 149.44 FEET; THENCE NORTH 5443'58' EAST, 207.60 FEET; THENCE NORTH 33'14'15' WEST. 25.64 FEET: THENCE NORTH 5352'52" EAST, 93.41 FEET; THENCE NORTH 17'03'48' EAST, 5,144 FEET; THENCE NORTH 1749'32" WEST, 49.22 FEET; THENCE NORTH 48'58'55' WEST, 20.08 FEET; THENCE NORTH 20'08'22" WEST, 44.35 FEET; THENCE SOUTH 6911'38' WEST, 24.62 FEET; • THENCE NORTH 1722'51" WEST. 105.07 FEET TO A POINT OF THE ORDINARY HIGH WATER UNE OF THE GREEN (WHITE) RIVER. AS TT WAS MAPPED BY BARCHAUSEN CONSULTING ENGINEERS, INC. ON AUGUST 11, 1997; THENCE ALONG THE ORDINARY HIGH WATER LINE OF SAID RIVER THE FOLLOWING COURSES AND DISTANCES: SOUTH 7730'00' WEST, 3.45 FEET; THENCE SOUTH 7700'00' WEST. 80.00 FEET: THENCE SOUTH 71'30'00" WEST, 55.00 FEET; THENCE SOUTH 79'20'00' WEST, 70.00 FEET; THENCE SOUTH 69'00'00' WEST, 65.00 FEET; THENCE SOUTH 66'40'00" WEST. 55.00 FEET; THENCE SOUTH 70'00'00' WEST, 15.94 FEET; THENCE LEAVING SAID ORDINARY HIGH WATER UNE AND BEARING SOUTH 2701'42` WEST, 229.49 FEET; THENCE SOUTH 2218 'EAST, 168.10 FEET; THENCE SOUTH 64'48'08' EAST, 5.90 FEET; THENCE SOUTH 21'14'11' WEST, 38.16 FEET TO THE POINT OF BEGINNING. Page 5 of 8 Printed on 2/13/2007 7:20:50 AM Station Id :EGU 20050223000003.005 Branch :GOK,User :BLOE • KING,WA Document: 2005.0223000003 Comment: ADJUSTED PARCEL 3: • SCHEDULE "A" PAGE 3 WILLAMETTE EOMERIDIAANN. WEST HALF OF SECTION KING COUNTY. WASHINGTONBEING PA�RTICULARRL 4 PARTICULARLY THE FOLLOWS: • COMMENCING AT THE INTERSECTION OF THE 2M -LINE OF PRIMARY STATE HIGHWAY NO. 1, GREEN RNER INTERCHANGE. ALL AS CONVEYED TO OR CONDEMNED BY THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 5499612. 5507291, 5510773, 5503778, 5538582. AND PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 596089, STA POC (2M) 134+2858. •STA POT O WITH DEPARTMENT OF 02 TRAN 1 SPORTATIOON LABELED SR 405 GREEN RIVER INTERCHANGE RIGHT OF WAY STA 99 +00 TO STA .120 +00, SHEET 2 OF 2, APPROVAL DATE OF JANUARY 30, 1962. WITH LAST REVISION DATE OF DECEMBER 31, 1992; THENCE NORTH 42'30'02' EAST ALONG ME CENTERLINE OF SAID A-UNE 88.55 FEET. TO STA 103 +70.67 OF SAID A -UNE; THENCE NORTH 4729'58' WEST, 60.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF SAID PRIMARY STATE HIGHWAY NO. 1, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH WHOSE RADIUS POINT BEARS SOUTH 4730'02' WEST, 163.00 FEET DISTANT; • THENCE NORTHERLY. EASTERLY. AND SOUTHERLY ALONG SAID RIGHT OF WAY: ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 873413' A DISTANCE OF 249.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1'22'20' A DISTANCE OF 3.90 FEET TO A POINT OPPOSITE STA PT (A) 105+30.55 OF SAID A -LINE, AND 80 FEET DISTANT; THENCE CONTINUING ALONG THE NORTHEASTERLY AND NORTHERLY RIGHT OF WAY OF SAID A -LINE THE FOLLOWING COURSES AND DISTANCES: SOUTH 4813'18" EAST 115.79 FEET; THENCE NORTH 81'24'26" EAST, 106.02 FEET: THENCE SOUTH 0815'34" EAST, 60.00 FEET: THENCE SOUTH 17 WEST, 29.84 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE NORTH, WHOSE RADIUS POINT BEARS NORTH 1741'53' EAST. 182.00 FEET DISTANT; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21'3815' A DISTANCE OF 68.73 FEET; THENCE NORTH 66'58'45 EAST. 152.75 FEET; THENCE SOUTH 2301'15' EAST, 20.00 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY OF SECONDARY STATE HIGHWAY 1 -1 (FORMERLY KNOWN AS THE BLACK RNER JUNCIION-RENTON ROAD NO. 1193) AS CONVEYED TO KING COUNTY BY''DEED RECORDED UNDER KING COUNTY REC. NO. 2919485; . 482.07 FEEL TO ns THENCE NORM 66'45' EAST ALONG SAID NORTHWESTERLY RIGHT OF INTERSECTION WITH THE WEST MARGIN OF THE 100 -FOOT RIGHT- OF- WAY TO CHICAGO, MILWAUKEE, AND ST. PAUL RAILWAY COMPANY BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 453942 AND 995370: THENCE NORTHERLY ALONG SAID WEST MARGIN AND SAID WEST MARGIN EXTENDED NORTHWESTERLY PARALLEL TO THE CENTERLINE OF SAID RAILROAD TO ITS INTERSECTION WITH THE EASTERLY EXTENSION OF THE BOUNDARY UNE AS ESTABUSHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 725392; THENCE SOUTH 48'14'49' WEST ALONG SAID BOUNDARY UNE EXTENSION. 134.07 FEET TO ITS INTER- SECTION WITH A UNE THAT LIES 200 FEET SOUTHWESTERLY OF MD PARALLEL WITH THE CENTERLINE OF THE NORTHERN PACIFIC RAILWAY; • THENCE NORTH 33'54'49' WEST ALONG SAID PARALLEL LINE. 26.08 FEET. TO ITS POINT OF INTERSECTION WITH THE ORDINARY HIGH WATER LINE OF THE GREEN (WHITE) RNER AS IT WAS MAPPED BY BARGHAUSEN CONSULTING ENGINEERS. INC. ON AUGUST 11, 1997; THENCE ALONG THE ORDINARY HIGH WATER LINE OF SAID RIVER THE FOLLOWING COURSES AND DISTANCES: ' • SOUTH 5520'00' WEST, 51.46 FEET; THENCE SOUTH 7730'00' WEST. 55.00 FEET; THENCE SOUTH 7400'00" WEST, 50.00 FEET; • THENCE SOUTH.7730'0O' WEST, 51.55 FEET; THENCE LEAVING SAID ORDINARY HIGH WATER LINE AND BEARING SOUTH 1722'51 . EAST. 105.07 FEET: THENCE NORTH 89'51'38' EAST. 24.82 FEET: THENCE SOUTH 20'0822 EAST, 44.35 FEET: THENCE SOUTH 48'58'55' FAST, 20.06 FEET: THENCE SOUTH 1T49'32' EAST, 49.22 FEET; THENCE SOUTH 170.3'48' WEST, 53.44 FEET; THENCE SOUTH 53'52'52' WEST, 93.41 FEET; THENCE SOUTH 33'14'18' EAST, 25.64 FEET; THENCE SOUTH 54'43'58' WEST. 207.60 FEET; THENCE SOUTH 6534'09' WEST, 149.44 FEET; THENCE SOUTH 2409'32' WEST, 41.99 TO THE .POINT OF BEGINNING. Station Id :EGU 20050223000003.006 Page 6 of 8 Printed on 2/13/2007 7:20:50 AM Branch :GOK,User :BLOE Comment: Station Id :EGU Schedule "B" River Protection Easement That portion of adjusted Lots 1, 2 and 3 of City of Tukwila Boundary Line Adjustment L98 -0028, as recorded under Recording Number 9806309017, records of King County, Washington: All lands lying river ward of to the following described line: Commencing at the most Westerly corner of said Lot 1; thence South 59°26'38" East, along the West line of said Lot 1 and along the East margin of Interurban Avenue, a distance of 79.73 feet to the True Point of Beginning; thence North 50 °09'21" East, a distance of 318.23 feet; thence North 69 °38'40" East, a distance of 123.15 feet; thence North 71 °10'55" East, a distance of 66.41 feet; . thence North 79 °07'32" East, a distance of 165.70 feet; thence North 78 °03'27" East, a distance of 43.93 feet; thence North 69 °59'15" East, a distance of 173.44 feet; thence North 66 °45'13" East, a distance df 59.28 feet; thence South 78 °45'44" East, a distance of 178.94 feet; thence North 70 °25'50" East, a distance of 124.24 feet to the East line of said Lot 3 and the terminus of said line. ALL SITUATE in Section 24, Township 23 North, Range 4 East, W.M., City of Tukwila, County of King, State of Washington. 20050223000003.007 KING,WA Page 7 of 8 Printed on 2/13/2007 7:20:51 AM Document: 2005.0223000003 Branch :GOK,User :BLOE Comment: Station Id :EGU KING, WA Document: 2005.022 3 000003 J t fr V) f r O L D o CIO s N m vie vfr \ -23 tt $ i \ AR; 20050223000003.008 Page 8 of 8 Printed on 2/13/2007 7:20:52 AM 9806309017 TUKOLA, WASHINGTON VOUNDARY LINE ADJUSTM ESE T ^... �o`' NO: 1.98nOti29 . ••''•. DEQt.#. ATION:YINO EASEMENT PBOVI8IOIt.' -• • 10100 115. I0:715 150E Masons 114a sox 005020 N FE 6012 OF M 5500 51101550016/0 16•14:6011 5046110155 :715 5000057 115051 {07.115 ow A'd 51 10 BE M WFN5 5 ITA15N 552:0 WI 6 51C 161 WE. P I 75017 NO N�S 5504 M apt a M Oma01I51 N 16631 WOW R IWE 7IIC01.ofro 730 SOS'i mom I4YC riH' 117+4544, P/ufi4(•..RT • t . Sus .. _._ _.. 7ME 51 11000101 COLOR/ 17 100 • 5 116 551 7107 553 OPENED 1001E 15 141 M. nu lilt 11 57 0555 10 BEM 511100 1020100 NO FECEMPO 067100/0. 550 1030602 1)5 901 NE i4E K w - FREE NO 0516,17 h. 027343 WN M N7e3 WV MVO= 112701 =MDR. yO 0101 U5OR 51 TWO 110 01505. & mil_ ay or fL41. .1015 APPROVAL R.4. -6 .A - b 1. .15 J. Or'1 1i Le+I ., 1 „_. 410 0+50554 SM 715515555 0666764 110 OWE515 45755 40/6141 6•4 60660 MW p Al 41 1).. ITN SC.n' •S s. O_. 55 C4.55 54+64/ WW1 011 C•66 > ✓sJAy. 1.1J- f.CJ. }.77- A /4, "NU. •0446 5• .361.#0. •44J. RECORDING CERTIFICATE: 15m'6q NI. 4 /DA 0►01, 95.5151.-06 15 6-...T.44641-- 11440 "3517 3105400 -r 6041. a 14912/411/6 501 SNNN 0'-043 c_.. 5. Uti 9856309017 1. BOUNDARY LINE ADJUSTMENT NO. L98 -0028 4001015 NOTES 1. A FED 051111:61 51015 • 10000A 51-44 51550 0EE7 MI6 110:04111 5!151 550A5. 064157 5235W610 57710 105 USED 10 573)5.9115[ 61116006146 MOWN M 0[00.550 506w76661 K WOW. ' CLOSURES OF M TWO= L)OZED:17 TOY 'EMU N 155 312- 170 -550. 4 116 10010031 6 715*01 10 MO 450158/16 a 601630,1 55050 55010 '0651000 MOIL /706151331 66 .16¢5.14i3L. RUG TO TM 015005000 141 110E 00. ►550555:5 ..• `��.= 3 1140 "P a0T1.4S• 05515111 17 100 7*SN>nn" 45 Ti 1556 MID (054101051 1. 3. MERCER 5551751 4370 1755551 751 • owl MAW 510171105 1•50100 RECORDED 51051600 15,1141. 1750 0106@00155,535355 ANO 571316. 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OW 490 M ICI MEOW ESE a M RCM ID110057505E M0006704MOO D M 55155 a 71160 •... 17VT 41 10 MO a 11006 1 115 13 K 11 Sl 55 77. 7100507 A M 5050715 L5( NOES M 00 IMO 6 M 73510000E 575E a :' 1 a 057101 02500E N5 A. 4411 81100 CONoN571MCOI TO M DA.,;• L 11 110557 NO 141103 6050031 5 M 041 M pR1 564107 pp570 M M /11021045 Dm 5.711555005: Ma 55103100.73102 DI L ARAM 44057 74 110 CO LAST 4740 01055E 31, 1103 • 0. 1K 5547-0FyA7 Mit 5101555 7300E 55 coon= M3O 5.01':5 M TIO RAID 11010000 5 1455051 AWE Mm 515 071,0MR*0 to M 55100 -51 K 50551 5 5550 AI 0:W1111.0611 17.156 7E050 M MONO nut M 1005 PM 10 -406 54-115 550 51100:5. m/ 112 M PREIYA10 05047151 5 117310710 19, 1113 no 0)550 6 IOIROM550M EIRE coca N 030654 MO MC WCO Pea MO1M 0000 15/1 715070 a MA7150 1. 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WMI' 95051 COME WM M. 72310 AO C» . DO Q111•V M ON WON a M 1)5-7191 05-01 5407 COMM 70 WAIT 5 1 50742 10350 MMO0055 010000 o 56555 511116 W M 0051E a 50 MUM W 11ENOIIDEi015T I4Ea111A a M514455121 N TOOL 0. D017(15 OM 44 10401 10017(172,5502 41203 1111101972 a K COO 02 5155570. E51T1 PARCEL WADERS 242204- 0013 -07 242204 - 00:1 -5 242304 - 5075-05 212306- 1050 -715 212704-0012 -01 251450.4430••03 555450.0400 -00 • 4SI 18215 72ND AVENUE SOUTH KENT WA 98032 (425)251 -6222 55•' (425)251 -8782 FAX 4• CP.L ENGINEERING. LAND PLANNING. 00411 SURVEYING EM7RONYD42AL GERM= MLR 3/13/54 solo COMM N/A 494 AD 5125 CIO= 55 51218.1.50 510 1Ri• • aW iL4; & NW 44, BEIi:• 24-!$11 -4E Frigi ILY;: FUN;:'[ E1N•tER3• 39111 S.WY:TOW11 CENTER .LOOP WEST WILSONVIItE, OR 97Q10 KING COUNTY, WASJIING1bN 9806509017 5.. BOUNDARY LINE ADJUSTMENT NO. L98 -0028 ALIAISM PARCEL R.?' AOAMTED PU11kt1 11 '+'�+ THAT PORTION Of TRS 13150 NW •OF 500104.24. 10WN5MP .23.NORTH 1'00 OF T 0: 114041V9104 Of NE war rwr d SECTION 24. 106191, 23 NC4O14, RANGC 4 CAST Of 122 SERE YENDWC•D1_IWIG-000MY, WAySNCip(..BEINC.110R£ PA r Df AV: EEITTTEE At•y,1.1040 COtA1fY, WASWN9774, LONG SORE PARE LLARLY DESCRIBED a CONDOM a 1110 14106200110 09 1{2.•25&- 1(. PROOF STATE 4)00WA5 ll0 t, GRM4 R,/f,� 4•'•`,000104000 AT DiiltroPscrusfor NE 20.- 00.b1 Pt NARY STATE ONNAY Na L ORVN 6NOI • W 00*30 GE, ALL AS CONVEYED TO OA OOIDEL/Es s *s. 555 WA5'3501DN WY DEEDS .JI11DmNNCE, AL{.115 � 1O ON CONO*OI1 Of 030 STATE OF WASHINGTON BY DEEDS RECORDED UNDER HIND CONTI, RECORDING N0i 04616,2, L 5314272, ]3442462, 71SORS� iONQ RE41510 0 T I4 •5*l, BDOYt61, 5510723, 5503774 6116562, AND PROQID00! UNDER KNO COUNTY 12. * 5 COURT 140 566064 SDI POC 0111 1 1636, •.7 NO P�'o p ENO MINTY SIZP.M COW 04.5) Na• 566066, STA P41 (DB 13142650. KM NE A-UNE STA POT W 1+x.12. a WNW CS 1NA1•4EMAN SAP a RL I= SWOT ,: WDI T7IS1E� uv TOT (� TRN4 rz:�1 BIO,N•ON T 10.4 AN MV ON I E ON THE 00141 OF Wa1WGTON DEPARI1m/1-Of TRAMSPORTAT0N LABELED SR 04210 40.02EDI JIVER NR700. 117 MOIL: OF 1Wit-C.-so-goo Vy0 p 12.'SSM OF I . 5110 W711TON {ABESED1SY•V65 GREEN RNER moots= RICHT OF WAY STA 60400 TO STA 120400. SHEET 2 OF 2. APPIWK D41E1O,AMINTE! 39..1962. NWT um' of 6 11SU 123404 Sari 0( APQRMA[ DL1E OP J46W0' 30. 1162. NW T/ST NIEMSION 0604 OF 0'02 1*I 31, 40 1) 865400 TATE Of 02611®2. 31..199:14' :,. TNOCE NORM 4730024 FAST ALONG DC COMM a SAID A-{DE, 6635 TUT To S A 103420.47 T1E7NE N: 14 AVOWS* FAST NOT O1TE p?ATRINE 0I SAD ACNE 5655 MT TO SU 16+70.0 C4' SAID A-LNF OF SND AiNE::• *05*68 NORM 47.21•51 WEST. 6600 Mt TO A POINT ON 61 NOR1ERLY RIE 4 OF10� SAO 10068 RORK4729166' WEN 50.00 410E To A PNdf ON MC 10 0941,r 05 OF WAY OF SAO PR1RY STATE WNW N6 1, STD PONT BONO T 1110 1010 CFA CURVE ,CO10AVE i0.DE s'� PRIOR! STATE MONDAY 1a 1, SA.10400 Bpp4NE 6[05RN1Y OF It COR4[ CONGrS T7 ENE SOUTH NORTHERLY, A PAD96 *S 1661 FEEL AID Nap 5050 5* TRIE P.060 0< 664 1510 o; SORREL 460110 6. 1150.00E . 611.100 S017D( 47'2/04 ERA, 10m 0433 AS :441 714040E 4.34 EASTERLY, AND 60402LY ALONG SAO 111 Of 4Y ON THE ARC OF SAID 00608 IL FA'. 40 09 1 nEar•Al (05 510 01041 .3 WAY 04 iNL'ARC OF !SAID THENCE • tN40uGL4 A CORRAL OF ANGLE 4 666.264 A 041414ICE l4 16457. 25, CONE A COMM OML AMA Of 64•46.10• A gSiNOE Of 1MJ7 TELL 10 Tc :TRIG PONT • 71ETCE LAVING STD ROUT K w.6 AND BFNUNG WORM 2.14.11• FAST. 3616 FEET OF TE/KL NORM 2240004 MT. 610 RFT: *1 .5 27 5'84 AWa SAO' I40RII 7' 444 75 Of WAY UE QC SAD Cl1,EVE TO0IJ0lF A CO0M11L' MCI NORM 0.66'42 WEST. 160.10 FEET; 1)03 1 2110 0*0 NI NNDE��p67A10E 0%6E76J4II: • . INDICE NORM 2701•424 EAST, 220.40 FEET TO A PENT ON 112 OR10RY NON WARN 106 OF TIE 11011 4.0110 SND '0437.7 R.4 •11 WAY;IAD BEAR110110W1 24'01.32'4AQA,iYA9 FFj.C7 GREEN OVER. AS 5 WAS WPM 6Y BARCHN14H 00012740 ENGNERS. 416 CS AEOUiT HENCE NEON 6734•01 140.44.0417: :, 11, 190 VENCE NEON 64.4336. 0/SL'2621 FEET; :: NOCE 'ALONG THE 0R1W1Y HIGH WATER UNE OF SA112,17VER THE FOLLD00 COURSES AND 50 ▪ )N40Q SOUTH 7000.00• WEST, 3006 FEET TRNCE SOUTH 7310•00. WEST 6100 FEET NDICE 0OUM 5140'08 WEST 10603 FEET NMUKE SOUTH 534000 WEST 30.00 FRT, DIME H0R4N 2006.20. WEST. 44.35 FEET; •P•.•••'•' THENCE SOUTH 0100000• WES1 35.00 FEET; .v.. DANCE scum 157617r 1125. 2662 TEST x501 SOUTH 6730'00• WEST 103.06 FE.0 11011 NORTH 177761• (4 11 105.07 MT TO • 441 Of TN =WART_ 14•941007121 ,. P LIt ' THENCE SOUTH 2340.08 WEST 50.00 FUS; . r.•' ''�'.: 51. ( (11410 RAVER a IT WAS SLAPPED OT 611044 21 00611.7940 DO9EERS,15:13.- 1MONC1 BERM 1140.00' 1141 40.00 REr 12 1997•, TIENCE SOUTH 3900•08 KO 00.00 NET: 'I no= ALONG THE OR04ARY NON WATER USE Of SND 04 THE F0LL0473 CONKS 2.540 114042 SOUTH 5.72003 WELT, 50.00`i4LT TO 1K tomeA51502. 4T of WR FOR STD 06- 0611*001 2.912• 60UM 77301• NESE 3.45 FEET: i1DNCE SCYTHE= HONG SAD 4T OF WAY L1&1�0 M Il1O 1T10N OM 111•100100 1040 LOS[ 1101154 771'00' WE3f or 663 or SAD TREKS 50004 7170•0 WEST 10171 NORM 4730 EAST:S/ONG SAD 41005) .5 RIGM,OF WA5, 0.42 7{271015lE.P1TK1.,,. 1100E MTNN 707000. 161ST •.... '::75071 scum mom' WEST 7071 NORM 37141r INST. 2524 FRY To0a 1ETN 6252•0. OW. 63.41 FELT II 11010E NORM 1T WENT. 40.22 FEET; • ROSS NORM 1703'0 FAA. 52.44 FELT: VOL /PAGE 122 272A ADJUSTED PARCEL 3s THAT PORTION OF 1HE WEST 501 OF SECTION 24, 70WNSIUP 23 NORM RANGE 4 EAST Of 110 WLLANETIE MERIDIAN IN KING COUNTY, WASHDWTON, BEND MORE PARTICULARLY DESCRIBED AS O01008010 AT 112 MER5EC0DN Of 112 241 -LANE OF PRIW1! STATE HIGHWAY 410. 1, GREDI RNDU WIEECINNOE. ALL AS CONVEYED TO OR CONDEMNED VT THE STATE OF WASNWGSON NY DEEDS RECORDED UNDER KING COINTT RECORO)0 NOS. 5469616 5507211, 5510772 POC 6563274714 5536562• 141414 STAP 1311C COUNTY 102+62.1 SHAN ON� OM M IN*► ON FEZ 165* ra STATE Of 1A90HC1OH ARUM -OP TRANSPORTATION LA90111 SR 405 GREEN RHEA 4100446E PONT OF WAY STA 06+00 TO STA 120400. SMELT 2 OF 2. APPROVAL. DAR Of NANO 30, 1052. 561N 1457 KVA= DALE OF 0000 n 31 16611 NOCE 4730'02• FAA STRONG 'THE =TERME CA SAID A -ENE 6655 FET:0 TO STA 103+70.57 maim NORTH 472616. 1127. 061 FEET TO A POINT ON THE NORM= ROM Of WAY a SAD :IRRAMT:0A3E 14000647 416 1. SAO FONT KING TIE 00140010 Of A CLONE =Cot TO THE MUM .:040SE MOUS POINT BURS SOON 4730•02. WEST, 163.00 FF17 ws1ANT; .. ;• TNOOL.1117RT ER7. 03100.5. AND SOURERLY MONO SND RASE OF WAY. ON THE ARC CF SAD • 00 RVE,71RWp1 A COMA. ANC. OF 6734•23 A MINCE Of 246.13 FEET To THE TRUE PAIR OF -,,J1002 aN DC AID a4• SAD 71NOUE1 A CORN/ ANON. o< 30'20' A ()STANCE .OP 3.00 FEU 10 A PENT OPP051E 5TA PT 10543055 OF SAD A-U K. AND 50 MT =TAM; 1010100 ODNDIOSNG ALONG TIE AND 6001) 3 ROM OF WAY OF SAO A-LDIE TIC ,•• FOLE°A9G.SEMO,S. AND OWN= 1 0Wl1 r #,r FAST ,i5i.16•iFET " •• NORM 602476' FAST;•30602 FRY • 60 KEW 55.00.5" FEETFEE4; TERCE SOUTH 701'1' WEST 1534 FEET• ....,:+ 1522.7.E 1LN1M0 6110 oRO 4IR! NON 614501 115E NO 604000 SOUTH 2101'40. 1431. !2.1.40 rum '„ TOOL 51AN 7706'1r EAST 15610 MO TSEiC£ SOU1N 6746318' FAA 800 FEET• + 1!071 60uM j3Y4Y144 *, 36,8 1011011E FONT Of 6110640, NO CE SEIM 11/1$5•. *051 29,54 FEET 10 THE IT OF A 4101- TA/OFM CURVE CONCAVE 4. i0. 546TH WHOSE PONE BEARS NOM 1741 FAST, 132.00 FEET DISTANT; +. 1ENCE ERSiDtX 44610. F SAD,C4siNE A CENTRAL ANGLE OF 21.36'15• A s. 75TNIQ OF 86.73 REP • TIESOUTH 330I'10. UST, 20,00 FEB EO0RH ,2100,43• EAT `410.7 4 10 A PONT ON THE MORO4WESIERLY RIE(T OF WAY Cr SITCOMAR! SCAR HOMY 1!1 040141 AS TIC BACK 6506 .4.000014-R0RON ROAD N6 1, CONIEYEI 10 0540E D® RECORDED 1001 KING COUNTS RED. N0. 201146$ NORM 570V45•:EAST SND 16/4DRYE37ERLY RE4T 09 WAY. 48207 FEET, 10 ITS INTERSEETON WITH THE1 EST wow OF THE' ,00 -4•001 110111-01--0,7 CONEYED TD COCAIN • '••.� 0 60, PKIL 040.05 ODNPNC•6Y D® RECORDED to= no COUNTY KROIOND ND= slog*07600 U01a cup 141 W1i0N NO SAO WEST =MN 0,00002 NORDMESTERLY PNUUEL 107'DEE 6 0440 =ROAD 10 TE3 NRSSECTIDR WOH TE EASTERLY DO06ON OF 111E 00/45485 141E E3EA 3) EM ROTC COERDY =DOR COURT 0413E N6 7253919 THENCE SOWS 4714' 0211 AL�CED SKI BOWO6RY ENE amok 13407 FEET 10 93 NM- =ION THAT �� FEET SOUTHWESTERLY OF NO MRWSt AITH NE CENTERLINE MpHC 1'4003 TORN 3106249- WEST ALONG SAO =ALMEI LAC, 2608 FEET. TO m PENT OF NOSED= WON VC OCAVARY HON NTR 162 a TIC 401m1 (001(2 INK AS IT 113 NAPPED 55 0ARNNAS001 0016W101 DOOEFRRS, DG ON AUGUST 11 1997; RIENCE ALcwo TEFL ORD3A4R'F 11 4 WALED 1.9E OF SOD RAPER THE Fo0DNR O COURSES AND SHIM 0070.1' Wnt. 51.48 FUT; tea BOUM 773303 WEST. 6600 FEET; MCC =D, 74•00'1. 11sT, 661 PEST TOOL SOUTH 77301• WEST. 5155 4•101; 15010E 14•14110 SAD 0w6MRY 1404 614.101 L110 AND KARIM 111q 177251' FAST. 105.07 FEET; 7100E TORN 675,7r 1451. 24.82 FEET NEW SCUM 2006'0' FAST. 4415 FEET: TIC0L s0UM 455755• EAST. 2008 4RT; Tim scud 174•1• EASE a= FEET; 5)6280 swim 1793.4" wai, 53.44 FEET: 15071 SCUM 575232' WOO. 0241 FED; •••••1080 SOUTH 335410. 10151 20.04 FEET: A ....• T/00E =RI 6P43Tr 003. 007Jo FM; MAR 1500E Swill 673401 0131. 140.44 FED: 7Th (1 ,/lE7�L SPSmL =400•30. 143. 41.99 TO THE PONT Of BEGINNING. :4- • 2 3 2007 DEyELOPN17y Cf. 18215 72ND AVENUE SOUTH KENT. WA 98032 (425)251 -8222 �' (425)251 -8782 FAX f1. 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Z7111011010 Ca I A I MU Ef MAMMON 0 FOC CI att.1117) POC KM= MU MO 1 ..., „. ..,• : .,.....,1, ,. i.....;...:-< „. COma.u, . , pevzia,^iny .•:..... .,,:. t, 5 fte-Ceiveit) /VAR 2 r . tor ZEN o04.8t. • • 8W 1/4ii NW .1/4. SEC.:44-238,48 FARILY.*UN .CENTERS, ELCTOWN CENTER LOOP WEV WILSONVILLE,...QW9T070 KING COUNTY, WASHINGTON ••!. .„. 4 cif:MA.5%69017 / BOUNDARY LINE ADJUSTMENT NO. L98-0028 .)% CONTROL SKETCH ...'s ..'. ...-.--‘. .i) ..s....• ,,,••••• •..... i: ....,:, .:. ,..• .:... ...- . ./. e .:. .„ .......,...- ... ....... „,,. „. „.. , ."-* ,.." ...:. .. . -:. .., .... 21I lilt .. s,- .0.'• 0‘. : .... ,e.c....i.•....:;,,:.eo. 4 ...:. „.,. •,., ..-.1; •,:,...i, , A : ..., ::,• met• • s," • sv.s. • ".",s• •• PIM r , ............... WINO( 0111 ITasOf (1,21111171 • ..... e's ... • 0, •••.. IIE 2P-3V ••• 18215 72ND AVENUE SOUTH tKENT. WA 98032 (425)251-6222 (425)251-8782 FAx 'CAA Nt0W .... •••• • •t, .... RECEIV MAR 23 al/ COMMUNITY" DEVELOP •• 1/4,:t NW V4. SEC-..44-2SN4E sum a • FAMILY :FUN .CENTERS 29111 8.19:10W11 CENTER LOOP weir WILSONVILLErO 970TO KING COUNTY, WASHINGTON 9806309017 5 0 1 TUKWI A. WASHINGTON BOUNDARY LINE 'ADOSTMENT,.... 817'7 NO: L98 -O 21. ti DECLARAT10N:'AND EAEEYENT PROVISION:` 808 AU. miff 116E PROEM 0*101�•'T[ Omowito o. 0►1•Ipy1) M FEE SIMPLE OF THE WO HEROD 08150185 NDtpf mom A 08)1 (18 011151101T:714 [•MID 180101 103' Lac 1838 die +• roYMCONA ..454M11 04;.• I345IA&E1ENT/0TIC 520 6 410E VIM 116 FREE WOW/ MO 1�'8ON TIT DE THE Cr M DTOE1i i' DODOS. WIO®F 81 111E 11.7 l(.OA!DS'N(' 771./1; MNC 41/Di 4224/1:!r •�,-„ 4:;f3o.4A), -4-4`8�'1 �' •. oat " / •••. MAIL ' SOT Of 200001 COLNIT O 00 ./ ON TH6 o11 1[0.,•1 LLY 8815370) BOOK 41 /42$ M. nu 1514 10 ME 0811 10 46 7 11,0140140 0004101 _ S10ZD1M WE a A 013E ND W(R*OO AI 304 wl M Olti NO 0530011 TOWN 1151= 11= L13ER W IWO Al tlR34 181. neat DDQ 81 to/.. 15 two AT! .16.1 - 1^!15! BOUNDARY LINE ADJUSTMENT NO. L98 -0028 6383105 1978 1. 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M MAT TERe36 OF M 113OUn 1K 2106386E MOOS EM3ZD" NW A 110 100 CMS 63gD 31138 WOE 077012 7108 NM 9D 1330E IK la MOO COM AID 05 0602 18314183103053730 1111E 187)4 77 2 3 49.75 FEE4' • . •••••••'''' T D 238 a Sai4 1} AMC 3 13E 53531E 11867 KO 4 K l2 Q51 De 100 (( 307135 Ma 5081 4 K Lf EOI 061. 1w / M 101001 1011646 a /0 .....pR61R mAEHm 1....40033 3 01 gag "ED... 1{7 01. 60 307 800 Imo a0 07 a U4 333.38 FIIL No 181 67)14950830 1118630380o6o318031 1•' A�3� 123 8088!37 114 77l0.45,`8OW vaA 15338 10(3111 ffi 1 1371E 38 - A K 3 8180 M w 101060011 310 tl M 146 • M 511113 0) U3 30 tl M 811073®4 •FAIL 550E 100388 1011E AID 354103E 1340 00.710 314100 1 58 EM 1017 8 w5161 a 30431. 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EZIa aWif 1/4:1 NW 374, 880,124-28N4E tuntr FAMILY :FUN .OENT:ERS MB LW:TOWN CENTER LOOP War WILSON VI LLE,...01,‘ 970 : 7P KING COUNTY, WASHINGTON 4 OF/ ••■■.r. 2001101001246 Document Tale(s) (or transactions contained therein) I Restrictive Covenant 2 3 Reference Number(s) of Documents assigned or released (or page — of document(s)) Grantor(s) (Last name first, then rust name and initials) 1 Family Fun Centers . - vi-1--a LU.0 2 3 4 1 Additional names on page of document Grantee(s) (Last name first, then first name and initials) 1 Family Fun Centers I 'llA i'(4 I LLC 2 3 4 I Additional names on page T of document Legal Description (abbreviated i e , lot, block, plat or section, township, range) Parcel 3 in the West half of Section 24, Township 23 North, Range 4 East of the Willamette Meridian I Additional legal on page 4 of document Assessor's Property Tax Parcel/Account Number 999 2 - a►o63 Branch :GOK,User :BLOE After Recording Return to Attorney's Address ~ 1 ScY- C ,e4r c,4■*C9 t e a amts - RESTRICTIVE COVENANT lD \5925-003-04 Weed restriction] Comment: I i KING,WA Page 1 of 6 Document: 2000.1 10100124 6 ji'ii'ii rai KING C TY, I 11 PAGE I 511/00 ( .ou) 431 -. 3676 Station Id :EGUI R; CE IilR® MAR 2 3 10 01 DEy D A/ENT Printed on 2/13/2007 7:22:56 AM Branch :GOK,User :BLOE KING, WA Document: 2000.1 1 01001246 Comment: Station Id :EGUI RESTRICTIVE COVENANT Family Fun Centers Family Fun Center Site 7300 Fun Center Way, Tukwila, Washington This declaration of Restrictive Covenant is made pursuant to RCW 70 105D 030(1 XI) and (g) and WAC 173 - 340 -440 by Family Fun Centers, Inc in accordance with a letter (the "No Further Action letter ") p issued by the State of Washington Department of Ecology (hereafter "Ecology) dated l- I5-4191 1999 The undersigned, Family Fun Centers ( "Owner "), is the fee owner of real property (hereafter "Property") in the County of King, State of Washington, that is subject to this Restrictive Covenant The Property is Iegally described in Exhibit A of this Restrictive Covenant and made a part hereof by reference An independent remedial action (hereafter "Remedial Action ") occurred at the site that is the subject of this Restrictive Covenant The Remedial Action is descnbed in the following documents (and documents identified and referenced in such documents) 1 "Phase II Environmental Site Assessment Report, Proposed Family Fun Center, Tukwila, Washington" — November 17, 1997 2 "Site - specific Method B Soil Cleanup Level for Petroleum Hydrocarbons, Proposed Family Fun Center, Tukwila, Washington" — January 6, 1998 3 "Report of Environmental Services, Underground Storage Tank Removal Monitoring, Supplemental Subsurface Assessment and Research Findings, Family Fun Centers, Tukwila, Washington" — April 22, 1998 4 "Cleanup Action Plan and Engincenng Report, Proposed Family Fun Center, Tukwila, Washington" — September 14, 1998 5 "Cleanup Action Report, Family Fun Center Site, Tukwila, Washington" - - September 6, 1999 These documents, the documents identified and referenced in these documents, and the "No Further Action" letter are on file at Ecology's Northwest Regional Office (NWRO) This Restrictive Covenant is required because petroleum hydrocarbons in soil are contained beneath a cap under a portion of the site Dissolved petroleum hydrocarbons, if any, m ground water do not appear to be migrating off site Arsenic appears to be present in similar concentrations in local ground water throughout the area in the vicinity of the site and is unrelated to historic site activities be put. Owner declares and establishes the following covenant restricting uses to which the Property may Section 1 The following restrictions apply to the use of the Property No ground water may be taken for any use from the Property without meeting all relevant substantive requirements of applicable laws RES 1 RIC 'WE COVENANT PAGE 1 1p 15925- 003- 04kked restriction] 5/1/00 Page 2 of 6 Printed on 2/13/2007 7:22:56 AM Branch :GOK,User :BLOE 2 Owner shall not interfere with, and shall perform or permit performance of, the monitoring and other activities specified by the No Further Action letter or otherwise required under MTCA and, at the appropnate time, decommissioning of the point -of- compliance monitoring wells installed on the Property by abandoning them in accordance with WAC 173 -160 3 Owner shall maintain the cap over slag and soil with hydrocarbons that exceeded site - specific cleanup levels, as descnbed in the "Cap Maintenance and Soils I g Plan" (Appendix F, Document 5 above) Section 2 The Owner must give thirty (30) days advance written notice to Ecology of the Owner's intent to convey any interest in the Property Each such conveyance of title shall make adequate and complete provision for continued groundwater confirmation monitoring in accordance with and to the extent required by the No Further Action letter and shall require that the grantee thereof, in the event of any future O conveyance, again provide such advance notice to Ecology and make such provision tit Section 3 r-1 The Owner will restrict leases as follows, and notify all lessees of this Restrictive Covenant and such restrictions on the use 2 No ground water may be taken for any use from the Property without meeting all relevant substantive requirements of applicable laws 2 Lessee shall not interfere with, and shall permit performance of, the monitoring and other '^ activities specified by the No Further Action letter or otherwise required under MTCA and, at the appropriate time, decommissioning of the point -of- compliance monitoring wells installed on the O Property by abandoning them in accordance with WAC 173 -160 3 Lessee shall maintain the cap over slag and soil with hydrocarbons that exceeded site - specific cleanup levels, as descnbed in the "Cap Maintenance and Soils Handling Plan" (Appendix F, Document 5 above) Section 4 The Owner must notify and obtain approval from Ecology prior to any proposed use of the Property that is inconsistent with the terms of this Restrictive Covenant If Ecology, after notice and continent, approves the proposed change, this Restrictive Covenant shall be amended to reflect the change Section 5 Comment: Station Id :EGU Designated representatives of Ecology are granted the right to enter the Property at reasonable times for the purpose of evaluating compliance with this Restrictive Covenant and the No Further Action letter, including the ngbt to obtain samples, inspect remedial actions conducted at the Property, and inspect records that are related to the Remedial Action Ecology must notify the Owner at least 48 hours in advance of entering the property Ecology representatives must conduct visits in a manner consistent with Owner requirements for health and safety, security and other operational conditions Section 6 The Owner of the Property reserves the right under WAC 173- 340 -440 to record an instrument that (1) provides that this Restrictive Covenant shall no longer limit use of the Property or be of any further force or effect, or (2) provides that this Restrictive Covenant shall remain m effect only for certain portions of the Property However, such an instrument may be recorded only if Ecology, after public notice and opportunity for comment, concurs RES I RIC1 IVE COVENANT (p 15925-00) -04 deed restncuonl PAGE 2 5/1/00 KING,WA Page 3 of 6 Printed on 2/13/2007 7:22:57 AM Document: 2000.1 101001246 Branch :GOK,User :BLOE assigns Section 7 This Restrictive Covenant shall run with the land and shall be binding on Owner's successors and .2 144 , [ N O F PROPERTY OWNER] [DATE SIGNED] STATE OF WASHINGTON COUNTY OF KING ss Comment: Station Id :EGL On this /sfday of ND�`rl'LflEge, i949fbefore me, the undersigned, a Notary Public in 6\/ and for the State of Washington, duly commissioned and sworn, personally appeared TT - AG,/444 *ash( , to me known to be the person who signed as '' eOA/e of Family Fun Centers, the corporation that executed the within CD and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of 0 said corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, *'t qualified and acting as said officer of the corporation, that he was authorized to execute said Instrument 0 and that the seal affixed, if any, is the corporate seal of said corporation '—t to . IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written %% %%%%tt t t fir I, Pint Name (1J' 7 ♦ i > "I ► `' ♦ �• Notary Pubhc in and for the Stat of Washington, residing • o • •.�- • at & e df j • My commission expires 7tJ�! ,' / 2-QQ/ RESTRICTIVE COVENANT IP \5925- 003-04\deed restnctlonl PAGE 3 5/1 /00 KING,WA Page 4 of 6 Printed on 2/13/2007 7:22:58 AM Document: 2000.1101001246 Branch :GOK,User :BLOE PARCEL 3 Comment: Station Id :EGT EXHIBIT A LFGAI, DESCRIPTION: THAT PORTION OF THE WEST HALF OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, M KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE 2M -LINE OF PRIMARY STATE HIGHWAY NO 1, GREEN RIVER INTERCHANGE, ALL AS CONVEYED TO OR CONDEMNED BY THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS 5499612, 5507291, 5510773, 5503778, 5536582, AND PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT CAUSE NO 596089, STA POC (2M) 134+28 56, WITH THE A -LINE, STA POT (A) 102+00, AS SHOWN ON THAT CERTAIN MAP ON FILE WITH THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION LABELED SR 405 GREEN RIVER INTERCHANGE RIGHT -OF -WAY ETA 99+00 TO ETA 120+00, SHEET 2 OF 2, APPROVAL DATE OF JANUARY 30, 1962, WITH LAST REVISION DATE OF DECEMBER 3), 1992, THENCE NORTH 42'30'02" EAST ALONG THE CENTERLINE OF SAID A -LINE, 88 55 FEET TO - O STA 103 +70 67 OF SAID A -LINE ej1 THENCE NORTH 47'29'58" WEST, 60 00 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF 2 SAID PRIMARY STATE HIGHWAY NO I, SAID POINT BEING THE BEGINNING OP A CURVE CONCAVE TO THE SOUTH WHOSE RADIUS POINT BEARS SOUTH 4730'02" WEST, 163 00 FEET DISTANT, ' I THENCE NORTHERLY, EASTERLY, AND SOUTHERLY ALONG SAID RIGHT -OF -WAY, ON THE ARC OP SAID CURVE THROUGH A CENTRAL ANGLE OF 8734'23" A DISTANCE OF 249 13 FEET TO THE TRUE J POINT OF BEGINNING • THENCE CONTINUING ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1'22'20" A DISTANCE OF 3 90 FEET TO A POINT OPPOSITE ETA POT (A) 105+30 55 OF SAID A -LINE, AND 60 FEET DISTANT, THENCE CONTINUING ALONG THE NORTHEASTERLY AND NORTHERLY RIGHT -OF -WAY OF SAID A -LINE THE FOLLOWING COURSES AND DISTANCES Y Co SOUTH 48'33'18" EAST 115 79 FEET, O THENCE NORTH 81°24'26" EAST, 106 02 FEET, cz THENCE SOUTH 08°35'34" EAST, 60 00 FEET, THENCE SOUTH 1741'53" WEST, 29 84 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTH, WHOSE RADIUS POINT BEARS NORTH 1T41'53' EAST, 182 00 FEET DISTANT, THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2118'15" A DISTANCE OF 68 73 FEET, THENCE NORTH 66°58'45" EAST, 152 75 FEET, THENCE SOUTH 23'01'15" EAST, 20 00 FEET TO A POINT ON THE NORTHWESTERLY RIGHT -OF -WAY OF SECONDARY STATE HIGHWAY I -L (FORMERLY KNOWN AS THE BLACK RIVER JUNCTION- RENTON ROAD NO 1193) AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER KING COUNTY REC NO 29I9485,THENCE NORTH 66°58'45" EAST ALONG SAID NORTHWESTERLY RIGHT -OP -WAY, 482 07 FEET, TO ITS INTERSECTION WITH THE WEST MARGIN OF THE 100 -FOOT RIGHT -OF -WAY CONVEYED TO CHICAGO, MILWAUKEE, AND ST PAUL RAILWAY COMPANY BY DEED RECORDED UNDER KING COUNTY RECORDING NOS 453942 AND 995370, THENCE NORTHERLY ALONG SAID WEST MARGIN AND SAID WEST MARGIN EXTENDED NORTHWESTERLY PARALLEL TO THE CENTERLINE OF SAID RAILROAD TO ITS INTERSECTION WITH THE EASTERLY EXTENSION OF THE BOUNDARY LINE AS ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO 725392, THENCE SOUTH 48.I4'49" WEST ALONG SAID BOUNDARY LINE EXTENSION, 134 07 FEET TO ITS INTERSECTION WITH A LINE THAT LIES 200 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF THE NORTHERN PACIFIC RAILWAY, THENCE NORTH 33'54'49" WEST ALONG SAID PARALLEL LINE, 26 08 FEET, TO ITS POINT OF INTERSECTION WITH THE ORDINARY HIGH WATER LINE OF THE GREEN (WHITE) RIVER, AS IT WAS MAPPED BY BARGHAUSEN CONSULTING ENGINEERS, INC ON AUGUST 11, 1997, KING,WA Document: 2000.1101001246 RESTRICTIVE COVENANT IP 15925 -003- 04kdeed restncnonl PAGE 4 511/00 Page 5 of 6 Printed on 2/13/2007 7:22:59 AM Branch :GOK,User :BLOE CD T C C r r C/ 0 Comment: Station Id :EGU THENCE ALONG THE ORDINARY HIGH WATER LINE OF SAID RIVER THE FOLLOWING COURSES AND DISTANCES SOUTH 55'20'00" WEST, 5146 FEET, THENCE SOUTH 77'30'00 WEST, 55 00 FEET, THENCE SOUTH 74°00'00" WEST, 5000 FEET THENCE SOUTH 77'30'00" WEST, 51 55 FEET, THENCE LEAVING SAID ORDINARY HIGH WATER LINE AND BEARING SOUTH 17°22'51" EAST, 105 07 FEET, THENCE NORTH 69'51'38" EAST, 24 62 FEET, THENCE SOUTH 20°08'22" EAST, 44 35 FEET, THENCE SOUTH 4 8.58'55" EAST, 20 06 FEET, THENCE SOUTH 1749'32" EAST, 49 22 FEET, THENCE SOUTH 17'03'48" WEST, 5344 FEET, THENCE SOUTH 53°52'52" WEST, 93 41 FEET, THENCE SOUTH 33'14'IS" EAST, 25 64 FEET, THENCE SOUTH 54 WEST, 207 60 FEET, THENCE SOUTH 65'34'09" WEST, 149 44 FEET, THENCE SOUTH 24'09'32" WEST, 41 99 PEET TO THE POINT OF BEGINNING RESTRICTIVE COVENANT Jp \5925- 003-04\decd restnctionJ PAGES 5 /I/00 KING,WA Page 6 of 6 Printed on 2/13/2007 7:23:00 AM Document: 2000.1 101001246 20020212001091 Document Title(s) (or transactions contained therein) I Restrictive Covenant 2 3 Reference Number(s) of Documents assigned or released (or page of document(s)) Grantor(s) (Last name first, then first name and initials) 1 Family Fun Center, Tukwila, LLC 2 3 4 1 Additional names on page _ of document Grantee(s) (Last name first, then first name and initials) 1 Family Fun Center, Tukwila, LLC 2 3 4 1 Additional names on page _ of document Legal Description (abbreviated i e , lot, block, plat or section, township, range) Parcel 3 in the West half of Section 24, Township 23 North, Range 4 East of the Willamette Meridian 1 Additional legal on page 4 of document Assessor's Property Tax Parcel/Account Number 242404 -9063 Branch :GOK,User :BLOE After Recording Return to Attorney's Address RESTRICTIVE COVENANT Ip 15925- 003- 04\Deed restriction Final 1-02] Comment: J c A 7 UIShi c / 0 p w] ►LY Ft.Nv .E4J1F, $ 730o ut/ C67 2`YL W AY 7"U k w t C-,4 U/4' 4 X 188 KING,WA Page 1 of 10 Document: 2002.0212001091 FD 2 `� �ppl c I �lil 20020212001091 PG G� ,QM W01EVE 18N KIIrG A Iii i l;i PAGE 1 2/11/02 Station Id :EGU] Printed on 2/13/2007 7:22:43 AM Branch :GOK,User :BLOE Comment: Station Id :EGU: RESTRICTIVE COVENANT Family Fun Center Family Fun Center Site 7300 Fun Center Way, Tukwila, Washington This declaration of Restrictive Covenant is made pursuant to RCW 70 105D 030(1Xf) and (g) and WAC 173- 340.440 by Family Fun Center, Tukwila, LLC Its successors and assigns and the state of Washington Department of Ecology its successors and assigns (hereafter "Ecology") .-t The undersigned, Family Fun Centers ( "Owner "), is the fee owner of real property (hereafter © "Property ") in the County of King, State of Washington, that is subject to this Restrictive Covenant The O Property is legally described in Exhibit A of this Restrictive Covenant and made a part hereof by reference tit 1-4 An independent remedial action (hereafter "Remedial Action ") occurred at the site that is the subject of this Restrictive Covenant The Remedial Action is descnbed in the following documents, all O prepared by GeoEngmeers, Inc (and documents identified and referenced in such documents) 1 "Phase 11 Environmental Site Assessment Report, Proposed Family Fun Center, Tukwila, O Washington " — November 17, 1997 2 "Site- specific Method B Soil Cleanup Level for Petroleum Hydrocarbons, Proposed Family Fun Center, Tukwila, Washington" — January 6, 1998 3 "Report of Environmental Services, Underground Storage Tank Removal Monitoring, Supplemental Subsurface Assessment and Research Findings, Family Fun Centers, Tukwila, Washington" — April 2, 1998 4 "Cleanup Action Plan and Engineering Report, Proposed Family Fun Center, Tukwila, Washington" — September 14, 1998 5 "Cleanup Action Report, Family Fun Center Site, Tukwila, Washington" - -May I, 2000 KING,WA Document: 2002.0212001091 These documents, the documents identified and referenced to these documents, and the "No Further Action" letter are on file at Ecology's Northwest Regional Office (NWRO) This Restrictive Covenant is required because concentrations of petroleum hydrocarbons that exceed site remedtation levels are in soil contained beneath a cap under a portion of the site (See figure in Exhibit B of this Restrictive Covenant for location of cap) Dissolved petroleum hydrocarbons, if any, in ground water do not appear to be migrating off site Arsenic appears to be present in similar concentrations in local ground water throughout the area in the vicinity of the site and is unrelated to historic site activities Arsenic, nickel, chromium and lead were encountered in soil pnor to remediation, the presence in ground water, if any is unknown The undersigned, Family Fun Center, Tukwila, LLC is the fee owner of real property (hereafter "Property ") in the County of King, State of Washington, that is subject to this Restrictive Covenant The Property is legally described in Exhibit A of this Restnctive Covenant and made a part hereof by reference Family Fun Center, Tukwila, LLC makes the following declaration as to limitations, restrictions, and uses to which the property may be put and specifies that such declarations shall constitute covenants to run with the land, as provided by law and shall be binding on all parties and all persons claiming under them, including all current and future owners of any portion of or interest in the property (hereafter "Owner") RESTRICTIVE COVENANT PAGE 1 1p \5925- 003- 041Deed restriction Final 1 -02] 2/11/02 Page 2 of 10 Printed on 2/13/2007 7:22:44 AM Branch :GOK,User :BLOE Comment: Station Id :EGUI KING,WA Document: 2002.0212001091 Section 1 The following restrictions apply to the use of the Property I No ground water may be taken for any use from the Property 2 Owner shall not interfere with, and shall perform or permit performance of, the monitoring and other activities specified in the compliance Monitoring Plan (Appendix E, Document 5 t�) above) or otherwise required under MTCA and , at the appropriate time, decommissioning of the point of compliance monitoring wells installed on the property by abandoning them in accordance with WAC 173 -160 3 Any activity on the Property that may result in the release or exposure to the environment of the contaminated soil that was contained as part of the Remedial Action, or create a new exposure pathway, is prohibited, except for those conditions described in the "Cap r-t Maintenance and Soils Handling Plan" (Appendix F, Document 5, above) Some examples of 0 activities that are prohibited in the capped areas include drilling, digging, placement of any objects or use of any equipment which deforms or stresses the surface beyond its load bearing capabilities, piercing the surface with a rod, spike or similar item, bulldozing or earthwork Section 2 Any activity on the Property that may interfere with the integrity of the Remedial Action and continued protection of human health and the environment is prohibited Section 3 Any activity on the property that may result in the release or exposure to the environment of a hazardous substance that remains on the property as part of the Remedial Action, or create a new exposure pathway, is prohibited without prior written approval from Ecology Section 4 The Owner must give thirty (30) days advance written notice to Ecology of the Owner's intent to convey any interest in the Property No conveyance of title, easement, lease or other interest in the property shall be consummated by the Owner without adequate and complete provision for continued monitoring, operation, and maintenance of the Remedial Action, as presented in the Compliance Monitoring Plan, appendix E of document 5 above RESTRICTIVE COVENANT [p \5925-003- 04\Deed restriction Final I-02] PAGE 2 2/I I/02 Page 3 of 10 Printed on 2/13/2007 7:22:45 AM Branch :GOK,User :BLOE The Owner must restrict leases to uses and activities consistent with the Restrictive Covenant and notify all lessees of the restnctions on the use of the Property 1 No ground water may be taken for any use from the Property 2 Owner shall not interfere with, and shall perform or permit performance of, the monitoring and other activities specified in the compliance Monitoring Plan (Appendix E, Document 5 above) or otherwise required under MTCA and , at the appropriate time, decommissioning of r-t the point of compliance monitonng wells installed on the property by abandoning them in t� accordance with WAC 173 -160 C 3 Any activity on the Property that may result in the release or exposure to the environment of r"t the contaminated soil that was contained as part of the Remedial Action, or create a new © exposure pathway, is prohibited, except for those conditions described in the "Cap O Maintenance and Soils Handling Plan" (Appendix F, Document 5, above) Some examples of G�2 activities that are prohibited in the capped areas include drilling, digging, placement of any r objects or use of any equipment which deforms or stresses the surface beyond its load bearing capabilities, piercing the surface with a rod, spike or similar item, bulldozing or earthwork O Section 6 CD The Owner must notify and obtain approval from Ecology prior to any proposed use of the Property that is inconsistent with the terms of this Restrictive Covenant Ecology may approve any inconsistent use only after public notice and comment The owner shall allow authorized representatives of Ecology the nght to enter the Property at reasonable times for the purpose of evaluating the remedial Action, to take samples, to inspect remedial actions conducted at the property, and to inspect records that are related t the Remedial Action The Owner of the Property reserves the right under WAC 173 - 340.440 to record an instrument that (1) provides that this Restrictive Covenant shall no longer limit use of the Property or be of any further force or effect, or (2) provides that this Restrictive Covenant shall remain in effect only for certain portions of the Property However, such an instrument may be recorded only if Ecology, after public notice and opportunity for comment, concurs S6et(Hwsh Family Fun Center, Tukwila, LLC — Date Section 5 Section 7 Section 8 STATE OF WASHINGTON COUNTY OF KING RESTRICTIVE COVENANT [p \5925 -003- 040eed restnction Final 1 -02] ) ss Comment: Station Id :EGU PAGE 3 2/11/02 K[NG,WA Page 4 of 10 Printed on 2/13/2007 7:22:46 AM Document: 2002.0212001091 Branch :GOK,User :BLOE O cq O r-1 IN WITNES e1F I have hereunto set my hand and official seal the day and year first CO above written �••' PGA . ,f.' 0 �` . M f 4•,,,.. a pTgg y 1.-4 p_.. O 1 Ji � Print Name T. -4%. 4 t8 Zao , O Notary Public,ln and for the Late Washington, residing Cat ti F ps ' \* ....� at 1-.1' t,�1 � '4r+�i N ,wAS; :. ` � My commission expires S — I d' - �Jv, C■1 Comment: Station Id :EGU On this day of , 2002, before me, the undersigned, a Notary Public in and for_the S to Washington, duly commissioned and sworn, personally appeared t tJ�A (\ , to me known to be the person who signed as � t4 . ...foot° of Family Fun Centers, the corporation that executed the within an foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and actmg as said officer of the corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation RESTRICTIVE COVENANT [p \5925-003- 04\Deed restnetion Final 1-02] PAGE 4 2/11/02 KING,WA Page 5 of 10 Printed on 2/13/2007 7:22:46 AM Document: 2002.0212001091 Branch :GOK,User :BLOE PARCEL 3 Comment: Station Id :EGUI EXHIBIT A LEGAL DESCRIPTION: THAT PORTION OF THE WEST HALF OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST OP THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS 7-1 COMMENCING AT THE INTERSECTION OF THE 2M -LINE OF PRIMARY STATE HIGHWAY NO 1, GREEN CO RIVER INTERCHANGE, ALL AS CONVEYED TO OR CONDEMNED BY THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS 5499612, 5507291, 5510773, 5503778, 5536582, AND PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT CAUSE NO 596089, STA POC (2M) 134 +28 56, WITH THE A -LINE, STA POT (A) 102 +00, AS SHOWN ON THAT CERTAIN MAP ON FILE ® WITH THE STATE or W ASHINGTON DEPARTMENT OF TRANSPORTATION LABELED SR 405 GREEN RIVER INTERCHANGE RIGHT -OF -WAY STA 99+00 TO STA 120+00, SHEET 2 OF 2, APPROVAL DATE OF JANUARY 30, 1962, WITH LAST REVISION DATE OF DECEMBER 31, 1992, THENCE NORTH 42°30'02" EAST ALONG THE CENTERLINE OF SAID A -LINE, 88 55 FEET TO STA 103 +70 67 OF SAID A -LINE Get THENCE NORTH 4729'S8" WEST, 60 00 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF SAID p PRIMARY STATE HIGHWAY NO I, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH WHOSE RADIUS POINT BEARS SOUTH 47°30'02" WEST, 163 00 FEET DISTANT, p THENCE NORTHERLY, EASTERLY, AND SOUTHERLY ALONG SAID RIGHT -OF -WAY, ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8734'23" A DISTANCE OF 249 13 FEET ro THE TRUE p POINT OF BEGINNING THENCE CONTINUING ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°22'20" A DISTANCE OF 390 FEET TO A POINT OPPOSITE STA PQT (A) 105+30 SS OF SAID A -LINE, AND 60 FEET DIS1 ANT, THENCE CONTINUING ALONG THE NORTHEAS rERLY AND NORTHERLY RIGHT -OF -WAY OF SAID A -LINE THE FOLLOWING COURSES AND DISTANCES SOUTH 48°33'18" EAST 115 79 FEET, THENCE NORTH 8I°24'26" EAST, 106 02 FEET, THENCE SOUT H 08 °35'34" EAST, 60 00 FEET, THENCE SOUTH 1741'53" WEST, 29 84 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTH, WHOSE RADIUS POINT BEARS NORTH 1741'53' EAST, 182 00 FEET DIS I ANT, THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°38' 15" A DISTANCE OF 68 73 FEET, THENCE NORTH 66 °58'45" EAST, 152 75 FEET, THENCE SOUTH 23°01'15" EAST, 20 00 FEET TO A POINT ON THE NORTHWESTERLY RIGHT -OF -WAY 01 SECONDARY STATE HIGHWAY 1 -L (FORMERLY KNOWN AS THE BLACK RIVER JUNCTION- RENTON ROAD NO 1193) AS CONVEYED TO KING COUNT Y BY DEED RECORDED UNDER KING COUNTY REC NO 2919485,T1IENCE NORTH 66 °58'45" EAS I ALONG SAID NORTHWESTERLY RIGHT -OF -WAY, 482 07 FEET, 10 ITS INTERSECTION WITH THE WEST MARGIN OF THE 100 -FOOT RIGHT -OF -WAY CONVEYED TO CHICAGO, MILWAUKEE, AND ST PAUL RAILWAY COMPANY BY DEED RECORDED UNDER KING COUNTY RECORDING NOS 453942 AND 995370, THENCE NORTHERLY ALONG SAID WEST MARGIN AND SAID WEST MARGIN EXTENDED NORTHWESTERLY PARALLEL TO THE CENTERLINE OF SAID RAILROAD TO ITS INTERSECTION WITH THE EASTERLY EX TENSION OF THE BOUNDARY LINE AS ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO 725392, THENCE SOUTH 4814'49" WEST ALONG SAID BOUNDARY LINE EXTENSION, 134 07 rEET TO ITS INTERSECTION WITH A LINE THAT LIES 200 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF THE NORTHERN PACIFIC RAILWAY, THENCE NORTH 33 °54'49" WEST ALONG SAID PARALLEL LINE, 26 08 FEET, TO ITS POINT or INTERSECTION WITH THE ORDINARY HIGH WATER LINE OF TILE GREEN (WIIITE) RIVER, AS IT WAS MAPPED BY BARGHAUSEN CONSULTING ENGINEERS, INC ON AUGUST I I, 1997, RESTRICTIVE COVENANT PAGE 5 [p \5925 -003- 041Deed restriction Final 1 -02] 2/I 1/02 KING,WA Page 6 of 10 Printed on 2/13/2007 7:22:47 AM Document: 2002.0212001091 Branch :GOK,User :BLOE Comment: 1 Station Id :EGUI r-I THENCE ALONG THE ORDINARY HIGH WATER LINE OF SAID RIVER THE FOLLOWING COURSES AND DISTANCES SOUTH 55°20'00" WEST, 51 46 FEET. THENCE SOUTH 77°30'00 WEST, 55 00 FEET, THENCE SOUTH 74°00'00" WEST. 5000 FEET THENCE SOUTH 77°30'00" WEST, 51 55 FEET, THENCE LEAVING SAID ORDINARY HIGH WATER LINE AND BEARING SOUTH 17°22'51" EAST, 105 07 FEET, THENCE NORTH 69°51'38" EAST, 24 62 FEET, THENCE SOUTH 20°08'22" EAST. 44 35 FEET, THENCE SOUTH 48°58'55" EAST, 2006 FEET, THENCE SOUTH 17°49'32" EAST, 49 22 FEET, .-1 THENCE SOUTH 17°03'48" WEST, 53 44 FEET, THENCE SOUTH 53 °52'52" WEST, 93 41 FEET, THENCE SOUTH 33 °I4'I5" EAST, 25 64 FEET, THENCE SOUTH 54 °43'56" WEST, 207 60 FEET, THENCE SOUTH 65°34'09" WEST, 149 44 FEET, THENCE SOUTH 24°09'32" WEST, 41 99 FEET TO THE POINT OF BEGINNING cQ RESTRICTIVE COVENANT PAGE 6 [p 15925- 003.04 \Deed restriction Final 1 -021 2/11/02 KING,WA Page 7 of 10 Printed on 2/13/2007 7:22:48 AM Document: 2002.0212001091 Branch :GOK,User :BLOE 2- 6 -02. 3 58PM.GeoEn6ineer$ Sent 13y• FFC, 4252287400; Comment: EXHIBIT A JAG AL DESCRIPTION: .2524606 Dec -18 -01 2:15PM; PAR(23I.3 THAT PORTION OF MC WEST HALF OF S1rZr10N 24. TOWNSHIP 23 NORTH, RANGE 4 EAS I OF 11IC WILLAMETTE MERIDIAN IN KING COUNTY, WASHINGTON, ZBI NG MORE PARTICULAR' Y DESCRIBED AS FOLLOWS: CA COMMENCING Al THE INTERSECTION OF THE 2M-UNE OP PRIMARY STATE HIGHWAY NO I. GREEN RIVER INTERCHANGE. ALL AS CONVEYED TO OR CONDEMNED BY 1N6 STATE OF WASHINGTON BY DEEDS RECORDED UNDER TUNG COUNTY RECORDING NOS 5499612. 5507291. 551 0773. 550377, 3536552, AND PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 596089. STA POT. CO (2M) 114+28 56, WITH THE A - LINE. STA POT (A) 102+00, AS SHOWN ON 11 IAT CPRTAIN MAP ON FILE WIT' I THE STATE OF WASHINGTON DEPARTMENT O F TEANSPORTATION LADELED SR 405 GREEN G•2 RIVER IN rERCHANOE RIOHrT- OP•WAY STA 99+00 TO STA 120+00. SHEET 2 VP 2. APPROVAL DA OF , JANUARY 30. 1962, WITH LAST REVISION DAT h OF DECEMBER. 31, 1902: THENCE NORTH 42'30'02" EAST ALONG THE CENTERLINE or SAID A -UNE, 88 55 MET 10 C�2 STA 103 +70 67 OP SAID A - LINE THENCE NOUN N 47°29'38" WEST, 60.00 F EET TO A POINT ON 1 HE NORTHERLY RIG fr - OF - WAY OF SAID PRIMARY STATE 1110HWAY NO 1, SAID POINT BEING THE BEGINNING OE A CURVE CONCAVE TO TIME SOU I II WHOSE RADIUS POINT BEARS SOUTH 4730'02" WEST. 163 00 FEET DISTANT, O THENCE NORTHERLY, EASTERLY, AND SOUTHERLY ALONG SAID RIGHT ON THE ARC 0+ C SAID CURVE THROUGH A CENTRAL ANGLE OF 87'34'23" A DIS rANCE Or 24913 FEET 1'U THE !RUE POINT OF 13EOTNNING THENCE CONTINUING ON THE ARC OF SAID CURVE THROUGH A CENTRAL. ANGLE: OF 1°22'20' A DISTANCE OF 3.90 HtEr TO A POINT OPPOSITE STA P01 (A) 105+30 55 OP SAID A-I ME, AND 60 PELr DISTANT, THENCE CON I INUINO ALONG THE NORTHEASTERLY AND NORTHERLY RIGHT -OF -WAY OF SAID A-LINE THE FOLLOWING COURSES AND DISTANCES: KING, WA Document: 2 002.0212 001091 SOUTH 4873'18" EAST 11579 FRET; 'THENCE NORTH 8174'26" EAST. 106 02 FEE 1, TNh NCE SOUTH 0875'31" EAS 6000 PEET, ''HENCE SOUTH 17°41'33" WEST. 2984 FEET TO WE BEGINNING OP A NON-TANGENT CUR VI; CONCAVE TO THE NORTH, WHOSE RADIUS POINT BEARS NORTH 1741'53' EAST, 182 00 rEE1 DISTANT, 11 WENCE P..AS TERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OY 21'38'I5" A DISTANCE OP 68 73 FEET, THENCE NORTH 66 °38'41" EAST, 152.75 FRET. THENCE SOUTH 23'01'15" EAST, 2000 FEET TO A POINT ON THE NORTHWESTERLY Rion r-or -WAY Or SECONDARY STATE HIGHWAY 1 -L (FORMERLY KNOWN AS THE BLACK RIVER JUNCTION- RENTON ROAD NO 1193) AS CONVEYPD TO KING COUNTY BY DEED RECORDED UNDER KING COUNTY SEC NO 2919485,THhNCE NORTH 66°58'45' EAST ALONG SAID NORTHWEST C RLY RIGHT OP - wAY. 48207 FEET. TO ITS INT RSECTIONWITHTHEWESTMARGINOF . I004:00TRlOIrr- OF- wAYCONVFTED TO CHICAGO. MILWAUKEE, AND ST. PAUL RAILWAY COMPANY BY DEED RECORDED UNDER KING LOUNTY RECORDING NOS 433942 AND 995370, THENCE NORTHERLY ALONG SAID WEST MARGIN AND SAID WEST MARGIN F.XTENDrD NORTHWEMERI.Y PARALLEL TO THE CENTERLINE OF SAID RAILROAD TO ITS INTERSECTION WI n I 1 HE EASTERLY EXTENSION OP THE BOUNDARY LINE AS ESTARI ISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 725392, 1 HENCE SOUTH 48 WHIT ALONG SAID BOUNDARY UNE I'X1ENSION, 134 07 FEET 11) ITS 1NTEILSECTION WITH A LINE THAT LIES 200 PEET SOUTHWESTERLY OF AND PARALLLL WITH THE CENTERLINE OF THE NORTHERN PACIFIC RAILWAY. THENCE NORTH 33°54'49" WEST ALONG SAID PARALLEL UNE. 26.08 PEE r, TO HT' POINT or INTERSECTION WI IN THE ORDINARY HIGH WA TER LINE OF TIME GREEN (WHITE) RIVER, AS IT WAS MAPPFD BY DAROHAUIEN CONSULTING ENGINEERS, INC 014 AUGUST 11. 1997; RIMS t 11J('fV1: COVENANT (p 15925 - 003- 04wwu.glnwon 12-011 Page 8 of 10 PAW S 5/1/00 0 7/ 8 Page 7/8 Printed on 2/13/2007 7:22:49 AM Station Id :EGU1 Branch :GOK,User :BLOE 2- 6 -02. 3 58PM.0e0EnOinee Sent by rhb., 0 0 0 0 tit RES'TR/CTI VR COVPNANT tP 13925-003- 041detd =mown 12 411 4252287400; Comment: Station Id :EGUI .2524586 Dec -18 - 01 2:15PM, THENCE ALONG'1115 ORDINARY moll WAl ER LINE OF SAID RIVER THE FOLLOWING COURSES ANT) DISTANCES' SOUTH 3320'00" WEST, 51 46 FEE r, THENCE SOUTH 77•30'00 WEST, 55 00 FEET, THENCE SOUTH 7000'00" WEST. 50.00 FEET THENCE SOUTH 7710'00" WEST, 51.55 FEET; THENCE LEAVING SAID ORDINARY HIGH WATER LINE AND HEARING SOUL IT 1712'51" LAST, 10S07PEE7. THENCE NORTH 69'51'38" FAST, 24 62 FEAT. r-1 THENCE SOUTH 20'08'22" EAST, 44.35 PERT, 412 TI1ENCE SOUTH 4818'55' EAST. 2006 FEET, 0 THENCE SOUTH 1•49•32" EAST, 49.12 FEET. THENCE SOUTH 1703'48' WEST. 53 44 FEET: v.4 THENCE SOUTH 53•52'52" WEST, 93.41 FEET, ® '1 HENCE, SOU m 331 4'1 r EAST. 25 64 FEET: CO THENCE SOUTH 34'43'56" WEST, 207.60 PERT. 1 HENCE SOUTH 63°34'09" WEST 14944 FEEL, ri THENCE SOU rH 24°09'32" WEST. 41 99 FEE r TO Tl TL POINT OF DEOINNINO PAM 6 511/00 8 8/ 8 Page 818 KING,WA Page 9 of 10 Printed on 2/13/2007 7:22:50 AM Document: 2002.0212001091 Branch :GOK,User :BLOE IM ▪ re D pr uu ISSmen 00/0.1.00111 O Mt sjY( Mr- .Y..0 :OKTS sin 1I1�.[gW/i�SOI tLr�twwpt M�[l� EMI MM1 p Oi'W 4Ml OCOU/SCD Olwsa O1 0000 ® uwwura • 0 SOa SssOLO 00i. Coo -1A SOL fW1l Cr. O 1 0 100 X0 R.(. The I■w.e r a IWO .I.... en 000.0 -.w ROOM. Orq MO.. b.o.. SI. Plow 0v N/ r.. C*. w W+."9 /dIwMO • cs 0I /2V00 KING, WA Document: 2002.02 12001 09 1 Comment: Station Id :EGU1 20020 EXHIBIT Page 10 of 10 Printed on 2/13/2007 7:22:51 AM Document Title(s) (or transactions contained therein): tall areas applicable to your document mut be filled in) Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) (Last name first, then first name and initials) 1. ,/u.3 .1 /4,». 4, AA,/ (r.,. revs 1.) 2 f [ e.� //Se / hI.e 4 D Additional names on page of document Grantees) (Last name first, then first name and initials) 2. C /Ty 49c 7'aKW /LA 3 4 Additional names on page of document. tri Y,�egal description (ab r.e. lot block, plat or section, township, range) o., G c.NR s µ.r, /.oa..dti(eI4h' i " A./ S/ Sr• �r. Yw ✓ ..1 /u 4./d e t,4tem led /5 /owes .2 74141 'r...e /.ts. ate, a..N Mt S /tleit 41,/lo,- r•..••J 6„,„2,44e; s ..Ytktd,I, /ilk,. ❑ yr. 5,.N43, • 99 Additional legal is on page i q /S'iL ofdocumeent Assessor's Property Tax Parcel/Account Number 23 .oyz .24 2r/Zgo(/'— :9. ?doy D Assessor Tax # not yet assigned The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. Branch :GOK,User :SLOE ; Comment: Return Address: Tei/N N iiSN 7 300 EWVe,E.yTER Yu I< wlc./9 W e 9V c? KING,WA Page 1 of 29 Document: 2002.0417000774 , f �' LW; r 0020141 700 m a t 2g ,0774 1;I ' I I if Pleads print or type t.fer m.roe WASHINGTON STATE RECORDER'S Cover Sheet (ecw as 04) Printed on 2/13/2007 7:21:24 A Station Id :EGU Branch :GOK,User :BLOE RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: HIGGS, FLETCHER & MACK LLP Attn. J. Tun Konold, Esq. 401 West A Street, Suite 2600 San Diego, CA 92101 -7910 Comment: Station Id :EGUI THE ABOVE SPACE FOR RECORDER'S USE ONLY COVENANTS, CONDITIONS, RESTRICTIONS AND RECIPROCAL EASEMENT AND GRADING AGREEMENT These COVENANTS, CONDITIONS, RESTRICTIONS AND RECIPROCAL EASEMENT AND GRADING AGREEMENT ( "REA ") are created as of , 2001, by HUISH FAMILY FUN CENTERS, INC , a Washington corporation (the Owner of Parcel 1) ( "HFFC "), H2HOTEL LLC, a Washington limited liability company (the Owner of Parcel 2) ( "H2H ") and FAMILY FUN CENTERS TUKWILA, LLC, a Washington limited liability company (the Owner of Parcel 3) ( "FFCT "). HFFC, H2H and FFCT are herein collectively referred to as "DECLARANTS ", with reference to the following RECITALS A As of the date of this REA, Declarants are the Owners of three parcels of real property located in Tukwila, Washington ( "City ") more particularly described in Exhibit "A" attached hereto Parcel 1 of Boundary Line Adjustment No. L98 -0028 is herein referred to as "Parcel 1" and is owned by HFFC; Parcel 2 of Boundary Line Adjustment No L98 -0028 is herein referred to as "Parcel 2" and is owned by H2H; and. Parcel 3 of Boundary Line Adjustment No L98 -0028 is herein referred to as "Parcel 3" and is owned by FFCT. Parcel 1, Parcel 2 and Parcel 3 are collectively referred to herein as the "Parcels" Declarants intend to hold, develop, finance, lease and/or convey the Parcels subject to this REA. B Declarants desire, pursuant to the terms of this REA, to (r) create certain temporary and permanent easements over, across and through the Parcels, (n) provide for construction of certain driveway improvements on Parcel 2 and Parcel 3 for the benefit of Parcel 1 and Parcel 2, (iii) allocate certain costs and obligations as herein set forth, and (iv) impose certain use restrictions upon the Parcels. C. Declarants intend that this REA shall be binding upon the Owners of the Parcels and their successors and assigns and shall run with, burden and benefit the Parcels until terminated in accordance with Section 8, below. KING,WA Page 2 of 29 Printed on 2/13/2007 7:21:25 AM Document: 2 002.04170007 74 Branch :GOK,User :BLOE KING, WA Document: 2002.0417000774 Comment: Station Id :EGUI DEFINED TERMS As used in this REA, the following terms shall have the definitions indicated: "Benefited Parcel" means, with respect to the easements created herein, the Parcel(s) benefited by such easements "Bike Path" means the 12' bike/pedestrian path along the northerly portion of the Parcels at the approximate location shown on Exhibit "C ", which shall be dedicated to the City and/or Kings County for public use. "Bin- Swale" means the Bio -Swale system to be constructed and maintained on Parcel 1 for the use and benefit of all Parcels as part of the storm drain system. "Boundary Wall" means the masonry wall constructed or to be constructed by the Owner of Parcel 3 along portions of the boundary line between Parcel 2 and 3 and to be maintained in accordance with Section 6 "Burdened Parcel" means, with respect to each easement created herein, the Parcels) across, through, over or under which such easement runs "City" means the City of Tukwila, County of King, State of Washington "Driveway" means the driveway area depicted on Exhibit "B " attached hereto 2 "Declarants" means HFFC, H1H and FFCT and their successors and assigns to whom each may assign its rights as a Declarant hereunder "Driveway Easement" means the easement for ingress, egress and construction across the Driveway in accordance with Section 1.1. "Driveway Improvements" means finish grading and construction of curbs, gutters, sidewalks, medians, pavement, street lights, slopes, storm drains, irrigation, landscaping, temporary erosion control and such other improvements as are required by the City or other public agency for construction and use of the Driveway as access to Parcel I and Parcel 2 The Driveway Improvements shall also include all interfacing with Fun Center Way including, without limitation, relocation of any utility and light poles, lines, vaults and installation of any signalization required by the City or otherwise necessary to construct and maintain the Driveway. "Fair Share" means, as to any Utility Improvement or service, the relative benefit derived by each Owner from any such Utility Improvement. If the City has assigned "Equivalent Dwelling Unit" or other use designations to the permitted uses of each Parcel, the Owners shall be bound by such determinations. If the City has not made such designations, the Owners shall in good faith attempt to agree upon Fair Share percentages and, if they are unable to do so, any dispute shall be resolved in accordance with the arbitration provisions in Section 9.13. Page 3 of 29 Printed on 2/13/2007 7:21:26 AM Branch :GOK,User :BLOE Comment: Station Id :EGUI KING, WA Document: 2002.0417000774 12 Allocation of Costs of Driveway Improvements. 3 "Grading and Improvement Plans" means those certain plans (consisting of 7 pages) for grading and utility improvements prepared by Barghausen Consulting Engineers, Inc., dated August 27, 1998 "Improving Party" means the Owner of a Parcel which, pursuant to the terms of this REA, installs or maintains improvements as to which it is (i) entitled to partial or full reimbursement from the Owner(s) of other Parcel(s) and/or (ii) owes duties of indemnity, insurance or other protections under the terms of this REA. "Owner" shall refer to an owner of a Parcel and "Owners" shall refer, collectively, to the owners of all three Parcels 1:- �+ "Reimbursing Party" means the Owner(s) of a Parcel(s) which, pursuant to the terms of this REA, is obligated to partially or fully reimburse an Improving Party for the installation or G maintenance of improvements under the terms of this REA Cct NOW THEREFORE, Declarants declare as follows. 1. Driveway Easement/Construction and Maintenance of Driveway Improvements. 1 1 Driveway Easement and Construction of Improvements. Parcel 1 is declared to have a perpetual non - exclusive easement for, ingress, egress and maintenance and a temporary construction easement over and across those portions of Parcel 2 and Parcel 3 depicted on Exhibit "B" attached hereto Parcel 2 is declared to have a perpetual non - exclusive easement for ingress, egress and maintenance and a temporary construction easement over and across that portion of Parcel 3 depicted on Exhibit "B" attached hereto The Driveway Easement will be improved in accordance with improvement plans reasonably approved in writing by the Owners of all Parcels and the City The Driveway will provide vehicular and pedestrian access to and from Fun Center Way to Parcel 1 and Parcel 2 It is anticipated the Owner of Parcel 2 will be the Improving Party as to the Driveway Improvements. If, however, the Driveway Improvements have not been installed at such time as the Owner of Parcel I is prepared to proceed with development of Parcel 1, Parcel 1 is hereby declared to have a temporary construction easement over, under and across the Driveway for installation and construction of the Driveway Improvements 1 2.1 If the Owner of Parcel 2 is the Improving Party, the Owner of Parcel I shall be the Reimbursing Party and shall, within thirty (30) days of its receipt of a written invoice therefor, reimburse the Owner of Parcel 2 for one -half (1/2) of the costs of all material, labor, plans, specifications, studies and permits necessary for installation of the Driveway Improvements ( "Driveway Improvement Costs "); provided, however, if HFFC is, at the time of such request for reimbursement, the Owner of Parcel 1, such reimbursement shall not be due until thirty (30) days after the conveyance of Parcel 1 by HFFC to a third party. Page 4 of 29 Printed on 2/13/2007 7:21:27 AM Branch :GOK,User :BLOE Comment: Station Id :EGUI I.2 2 If the Owner of Parcel 1 is the Improving Party, the Owner of Parcel 2 shall be the Reimbursing Party and shall, within thirty (30) days of its receipt of a written invoice therefor, reimburse the Owner of Parcel 1 for one half (1/2) of the Driveway Improvement Costs. 1.3 Maintenance of Driveway Improvements. The Improving Party constructing the Driveway Improvements shall pay one hundred percent (100%) of the costs of maintaining the Driveway Improvements until such time as the Reimbursing Party obtains a building permit for construction of improvements upon its Parcel. From and after the date of issuance of such building permit for construction of improvements on the Reimbursing Party's Parcel the costs of maintaining the Driveway Improvements shall be shared fifty -fifty (50/50) by '-4 the Owners of Parcel 1 and Parcel 2 The Owner of Parcel 2 shall be responsible for maintaining the Driveway Improvements, subject to reimbursement nghts as provided herein If the Owner of Parcel 2 fails to perform its maintenance obligations, the Owner of Parcel I may maintain the e Driveway, and shall be entitled to such reimbursements as provided above Prior to incurring any expense in excess of one thousand dollars ($1,000) in connection therewith, the Improving Party with respect to the maintenance work shall give written notice of such plans to the Reimbursing Party describing the nature and extent of the proposed maintenance together with a written estimate or bid from a contractor engaged to perform such maintenance The Reimbursing Party shall reasonably approve or disapprove such maintenance in writing within ten (10) days of receipt of such notice Failure to timely respond shall constitute approval of such proposed maintenance work. If such proposed work is not approved and the parties cannot resolve the matter between themselves, either party may commence arbitration proceedings in accordance with Section 9 13, below 2 Utility Easements In accordance with the Grading and Improvement Plans, certain storm drains, water lines, electrical, cable T V , telephone, natural gas, sewer and other utility improvements will be constructed and installed on, under and through the Parcels The dimensions of the Utility Easements shall be the minimum required by the City for the construction and maintenance of each Utility Improvement Declarants reserve the right to amend this REA and insert the specific location and dimensions of the Utility Easements when the same have been determined. Each Parcel is hereby declared to be subject to non - exclusive perpetual easements ( "Utility Easements ") for the use and benefit of the Benefited Parcels for installation and maintenance of sewer, water, electrical, gas, telephone, cable T V., and coaxial cable improvements serving its Parcel ( "Utility Improvements ") as follows 2 1 Storm Drain. Parcel 3 shall have a non - exclusive perpetual for construction, installation and maintenance of a storm drain over, under and through Parcel 2 in the area depicted on,Eyhibit "D" attached hereto. Parcel 2 and Parcel 3 shall have an easement for construction, installation and maintenance of a storm dram over, under and through Parcel 1 in the area depicted on Exhibit "E" attached hereto The storm drain system includes the construction and maintenance of the Bio -Swale on Parcel 1. The Bio-S wale shall be constructed by HFFC and shall be maintained by the Parcel 1 Owner. The storm drain easement created hereby includes the right for Parcel 2 and Parcel 3 Owners to enter Parcel 1 for the purpose of KING,WA Page 5 of 29 Printed on 2/13/2007 7:21:28 AM Document: 2002.0417000774 Branch :GOK,User :BLOE KING,WA Document: 2002.0417000774 Comment: Station Id :EGU1 5 maintaining the 13io -Swale in the event the Parcel 1 Owner fails to do so. Further, the storm drain system includes a "coalition plate" located on Parcel 2 as shown on Exhibit D. The coalition plate shall be installed by HFFC and maintained by the Parcel 2 Owner. The storm drain easement created hereby includes the right for the Parcel 3 Owner to enter Parcel l for the purpose of maintaining the coalition plate in the event the Parcel 2 Owner fails to do so. 2.2 Sewer Line. Parcel 3 shall have a non - exclusive perpetual for construction, installation and maintenance of a sewer line over, wider and through Parcel 2 in the area depicted on Exhibit "F" attached hereto Parcel 2 and Parcel 3 shall have a non - exclusive perpetual easement for construction, installation and maintenance of a sewer line over, under and through Parcel 1 in the area depicted on Exhibit "G " , attached hereto. The easements granted for sewer lines includes the installation and maintenance of such pump stations, force mains and manholes as are shown on the Grading and Improvement Plans or are necessary to meet requirements of the City 2 3 Water Main. Parcel 3 shall have a non - exclusive perpetual easement for construction, installation and maintenance of a water main over, under and through Parcel 2 in the area depicted on Exhibit "H" attached hereto Parcel 2 and Parcel 3 shall have a non- exclusive perpetual easement for construction, installation and maintenance of a water main over, under and through Parcel 1 in the area depicted on Exhibit "I" attached hereto 2 4 Electrical. Natural Gas. Cable T V . Telephone. Parcel 2 shall have a non- exclusive perpetual easement for installation and maintenance of electrical, natural gas, cable T.V and telephone and any other "dry utilities" lines over, under and through Parcels 1 and 3 in the area depicted on Exhibit "J" attached hereto Parcel I shall have a non - exclusive perpetual easement for installation and maintenance of electrical, natural gas, cable T.V. and telephone and any other "dry utilities" lines over, under and through Parcels 2 and 3 in the area depicted on Exhibit "K" attached hereto 2 5 Other Utility Easements FFCT hereby reserves for itself, together with the right to grant and transfer the same, such non - exclusive perpetual easements over Parcels 1 and 2 as may be necessary for the purpose of erecting, constructing, repairing, maintaining, replacing and operating utility services in, to, on, upon, through, over, across, under and through Parcels 1 and 2 including, without limitation, vaults, manholes, meters, transformers, pipelines, values, hydrants, sprinkler controls, conduits and all related facilities, wires, poles, pipes for lighting, power, television, telephone and other communication facilities, gas, water, storm drains, sanitary sewers and other utility lines all of which shall whenever and wherever reasonably feasible be located below the surface of the ground. FFCT shall have the right to grant and/or relocate easements to others to carry out the foregoing purposes. 2.6 Allocation of Utility Improvement Costs Unless specifically provided otherwise in this REA, the Improving Party, or a utility provider, shall be entitled to install its Utility Improvements when necessary to proceed with its project. All costs of installation of the Utility Improvements for use of its Parcel shall be borne by the Installing Party If the benefits of Page 6 of 29 Printed on 2/13/2007 7:21:29 AM Branch :GOK,User :BLOE Comment: Station Id :EGU1 any Utility Improvement run to more than one Parcel, the owners of the Benefited Parcels shall share the costs of installation on a Fair Share basis. 2.7 Maintenance/Relocation of Utility Improvements So long as any of the Utility Improvements is in private ownership, all costs of (i) maintenance (ii) temporary or permanent relocation required by the City (iii) charges for utility location services and (iv) any other expenses, charges, fees, taxes or exactions of any sort ( "Charge "), in respect to such private Utility Improvements shall be paid and shared as follows. (y) if there is only one Benefited Parcel of the utility as to which such Charge is unposed, by the Owner of such Benefited Parcel; (z) if there is more than one Benefited Parcel of the utility as to which such Charge is imposed, by the Owners of such Benefited Parcels on a Fair Share basis. The Owner of Parcel 3 may, on behalf of all the Owners, enter such agreement(s) as may be required by the City, or otherwise be prudent, for utility location services. Pursuant to such agreement(s) the Owners may be required to pay their Fair Share of charges imposed for location of Utility Improvements whenever the City requires such location in connection with work in the area surrounding the Parcels. Any Owner performing work on its own Parcel which requires utility location services shall be responsible for paying all costs in connection therewith. Each Owner shall be responsible for all utility service charges to its Parcel 3 Quality of Installatioit. All construction, maintenance and repair work performed in connection with the Driveway Improvements or Utility Improvements, shall be performed (a) promptly, diligently and in a good and workmanlike manner, (b) in accordance with good engineering practices and all applicable local, state and federal laws, rules and regulations governing such matters, (c) in accordance with applicable rules and regulations of any utility entities which are to own or regulate the Utility Improvements, (d) in such manner so as to minimize interference with the use and enjoyment of the Parcel(s) through which such Utility Improvements run and property located adjacent thereto. 4 Mechanics' Liens The Improving Party shall not suffer or permit to be enforced against any portion of the Burdened Parcels any mechanics', materialmens', contractors' or subcontractors' liens or any claim for damage arising from any work performed by Improving Party or its contractors or representatives (collectively, "Mechanics' Liens ") Improving Party shall pay or cause to be paid all such Mechanics' Liens before any action is brought to enforce the same against any Burdened Parcel. Improving Party expressly agrees to indemnify, defend (with counsel reasonably acceptable to the Owner of the Burdened Parcel) and hold such Owner and the Burdened Parcel free and harmless from and against all liability for any and all such Mechanics' Liens together with reasonable attorneys' fees and all costs and expenses in connection therewith Notwithstanding the foregoing, if Improving Party shall in good faith contest the validity of any Mechanics' Lien, then Improving Party shall, at its expense (i) procure and record, or furnish to the Owner of the Burdened Parcel, a surety bond or other acceptable security satisfactory to the Owner of the Burdened Parcel in an amount at least equal to 150% of such contested Mechanics' Lien, (ii) indemnify Burdened Parcel against liability for the same, and (in) pay and satisfy any adverse judgment that maybe rendered thereon before the enforcement thereof against all or any portion of the Burdened Parcel The Owner of the Burdened Parcel may post and maintain on or about any portion of the Burdened Parcel such KING, WA Page 7 of 29 Printed on 2/13/2007 7:21:30 AM Document: 2002.0417000774 Branch :GOK,User :BLOE 5.1 Prohibited Uses. In addition to any operations or uses prohibited by governmental regulations, the following operations and uses shall not be permitted on any Parcel or portion thereof t■• (a) Trader courts or recreational vehicle campgrounds. 0 (b) Junk yards or recycling facilities. (c) Drilling for and removing oil, gas or other hydrocarbon substances. (d) Refining of petroleum or petroleum products 0 (e) Storing of hazardous waste. 0 N (f) Dumping, disposal, incineration or reduction of garbage, sewage, offal, dead animals or other refuse. (g) Labor or migrant worker camps KING,WA Document: 2002.0417000774 notices of nonresponsibility as may be necessary to protect the Burdened Parcel against liability for any Mechanics' Liens. 5 Use Restrictions. (h) Adult entertainment Comment: Station Id :EGUI (i) The maintenance of any nuisance or the conduct of any activity which violates public policy. S 2 Other Limitations The Owner of Parcel 3 intends to construct, maintain and operate on Parcel 3 a recreational and entertainment facility which will include, without limitation, motorized go- carts, bumper boats, batting cages, miniature golf courses, amusement rides, video games, restaurants, and other outdoor and indoor activities and equipment currently, or in the future, used in connection with a family entertainment facility The operation of FFCT's business on Parcel 3 will involve noise, lighting, vibrations, music and vehicular and pedestrian traffic during the day and night and on weekends Each successive Owner of Parcel 2, by taking title to such Parcel, waives any right, at law or in equity, to seek to restrain or enjoin or recover damages against Parcel 3 or its Owner for the conduct of the business described above The successive Owners of Parcel 2 should locate and construct improvements on Parcel 2 in such a manner as to reduce the effects of light, noise or vibrations emitting from Parcel 3. 5.3 Bike Path. Declarants shall, upon demand by the City and/or Kings County, dedicate the Bike Path for public use If Declarants have not dedicated the Bike Path for public use prior to transferring title to any Parcel, each Parcel Owner shall be bound to dedicate that portion of the Bike Path which crosses its Parcel and shall provide adequate access to and Page 8 of 29 Printed on 2/13/2007 7:21:31 AM Branch :GOK,User :BLOE Comment: Station Id :EGU from its Parcel to the Bike Path in accordance with requirements of the City and/or Kings S County. Each Owner shall take title to its Parcel with knowledge that use of its Parcel is limited by the presence and use of the Bike Path. 6 Maintenance of Boundary Wall. The Owner of Parcel 2 and the Owner of Parcel 3 shall each be responsible for maintaining the face of the Boundary Wall facing its Parcel. Any structural repairs to the Boundary Wall shall be performed by the Owner of Parcel 3 as the Improving Party and the Owner of Parcel 2 shall, as the Reimbursing Party, reimburse Improving Party one -half (1/2) of the costs thereof. Parcel 2 is declared to have an easement 4 over that portion of Parcel 3 four feet to the East of the Boundary P (4') Wall and Parcel 3 is declared to have an easement over that portion of Parcel 2 four feet (4') West of the Boundary Wall for the purpose of entering to repair and maintain the Boundary Wall in accordance therewith. ►-1 et' 7. Default. 7 1 Advances by Non - Defaulting Owner. Whenever in this REA a payment is required of an Owner of a Parcel, if such payment is not made by such Owner ( "Defaulting Owner ") within fifteen (15) days of the date of demand therefore, the other Owner ("Non - Defaulting Owner ") may advance the Defaulting Owner's amount due and such advance (or if the advance has already been made and the Non - Defaulting Owner is seeking reimbursement, the amount of such reimbursement) shall be treated as a loan from the Non - Defaulting Owner to the Defaulting Owner and shall bear interest at the rate of ten percent (10 %) per annum from the date such payment or reimbursement was due and shall constitute a lien against the Defaulting Owner's Parcel in accordance with Section 5.2, below 7 2 Lien Declarants for each Parcel, hereby covenant, and each successive Owner of each Parcel, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the amounts due pursuant to the terms hereof and that such amounts shall be a charge on the Parcel of such Owner and shall be a continuing lien ( "Lien ") upon such Parcel which lien may be foreclosed in accordance with the provisions of RCW 61 24 030 - 040, applicable to the exercise of the powers of sale in mortgages and deeds of trust, or in any other mariner permitted or provided by law. The Non - Defaulting Owner shall have the right to commence such proceedings and may bid on the Parcel of the Defaulting Owner at foreclosure sale in the amount of any payments in default plus interest and costs of foreclosure, attorneys fees and any other amounts which may be included in a credit bid under Washington law KING,WA Document: 2002.0417000774 7 3 Subordination of Lien. If any Parcel which is subject to a Lien pursuant to Section 7 2, is also subject to the lien of a deed of trust (i) the foreclosure of such Lien shall not operate to affect or impair the lien of such deed of trust, and (ii) the foreclosure of the lien of a deed of trust or the acceptance of a deed in lieu of foreclosure of such deed of trust shall not operate to affect or impair the Lien, except that the Lien for amounts as shall have become due up to the foreclosure or the acceptance of a deed in lieu of foreclosure shall be subordinate to the lien of the deed of trust, and the foreclosure purchaser or deed in lieu grantee shall take title free Page 9 of 29 Printed on 2/13/2007 7:21:32 AM Branch :GOK,User :BLOE Comment: Station Id :EGUI of the Lien hereof for all such amounts that have become due up to the time of the foreclosure or deed in lieu of foreclosure, but subject to the Lien for all said amounts that shall become due subsequent to the foreclosure or deed in lieu of foreclosure. 1-• 7 4 Other Remedies. The remedies set forth above shall not be exclusive but shall be in addition to all other rights and remedies which are available at law or in equity. Inasmuch as the Owners of all Parcels are relying upon the good faith performance by the other Owners of their obligations hereunder, either Owner may seek to recover from the other Owner(s) all damages resulting from the default or delay in performance by the other(s) and may r 4 seek equitable relief including an injunction to compel performance by such other Owner(s). 8 Termination. This REA and the obligations of the Owners of each Parcel hereunder shall terminate (i) as to specific easements or nghts, at such tune as is provided in this REA or, (ii) upon the unanimous written consent of the Owners of all Parcels, or (iii) except as to V • the Driveway Easement and the Utility Easements, on December 31, 2050, unless the Owners of the Parcels unanimously execute and record at any time within six months prior to December 31, 2050, a document in which they agree that the REA shall continue for a further specified period Upon termination, the Owners shall thereupon execute such documents as may be required by a title insurance company to reflect the termination hereof. 9 General Provisions 9 1 Legal Fees In the event of the bringing of any action, suit or arbitration proceeding by the Owner of any Parcel against the Owner of another Parcel by reason of any breach of any of the terms of this REA, then in that event, the prevailing party in such action, arbitration or dispute shall be entitled to have and recover of and from the other party all costs and expenses of suit, including actual attorneys fees 9 2 Required Actions of Owners The Owner of each Parcel agrees to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the transactions herein contemplated and shall use its best efforts to accomplish the work to be performed hereunder in accordance with the provisions hereof. 9 3 Time of Essence Time is of the essence of each and every term, condition, obligation and provision hereof 9 4 Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this REA are solely for convenience, are not a part of this REA, and shall not be used for the interpretation or determination of the validity of this REA or any provision hereof 9 5 No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this REA shall not be deemed to confer any rights upon, nor obligate the Owners of the Parcels, to any person or entity other than the other Owners and their respective successors and assigns. KING,WA Page 10 of 29 Printed on 2/13/2007 7:21:32 AM Document: 2002.0417000774 Branch :GOK,User :BLOE Comment: Station Id :EGUI 9.6 Exhibits and Schedules. The Exhibits attached hereto are hereby / incorporated herein by this reference 9 7 Amendment to this REA. The terms of this REA may not be modified or amended except by an instrument in writing executed by the Owners of each Parcel and, as to any provision for the benefit of the City, by the City. 9.8 Waiver The waiver or failure to enforce any provision of this REA shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 9.9 Applicable Law. This REA shall be governed by and construed in accordance with the laws of the State of Washington 9 10 Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own fees and expenses in connection with this REA 9.11 Successors and Assigns. This REA shall be binding upon and shall inure to the benefit of the successors and assigns of Declarants and the Owners of the Parcels Upon conveyance of one or more of the Parcels by a Declarant, it shall have no further obligation, liability, duty or responsibility for any acts or occurrences performed or to be performed by the Owner of such conveyed Parcel(s) after the date of such conveyance, but shall continue to be responsible for all obligations as to any Parcel retained by such Declarant. 9 12 Reciprocal Indemnification Each Owner shall indemnify and hold the other Owners and the City harmless from and against any and all claims, demands, and liability of every nature, including reasonable attorneys' fees and costs of suit, arising from any liens, including mechanic's liens or injuries to persons arising from the acts or omissions of such indemnifying Owner during the grading or construction of any improvements provided herein, or otherwise, arising from any such acts or omissions, on the other Owner's Parcel Such indemnification shall extend to all claims, demands and liabilities arising from the activities of each Owner's agents, employees, independent contractors and subcontractors and shall include any liabilities in connection with the work of improvement which may be asserted after the completion of such works of improvement 913 Binding Arbitratigrl The submission to arbitration in accordance with the terms hereof shall be the sole and exclusive method, means, and procedure to resolve any and all disputes, claims, or controversies of any kind, whether in contract or in tort, statutory or common law, legal or equitable, or otherwise ( "Dispute "), now existing or hereafter arising between the Owners in any way arising out of, pertaining to, or in connection with (a) this REA, or any related agreement, document, or instrument (collectively, "Documents "), (b) any incidents, omissions, acts, practices, or occurrences causing injury to either party whereby the other party or its agents, employees, or representatives may be liable, in whole or in part, and which relate in any manner to the Documents or the matters contemplated therein; or (c) any aspect of the past or present relationships of the Owners with respect to this REA or the transactions contemplated KING,WA Page 11 of 29 Printed on 2/13/2007 7:21:33 AM Document: 2002.0417000774 Branch :GOK,User :BLOE KING, WA Document: 2002.0417000774 Comment: Station Id :EGU] /I therein. Any party to a Dispute may, by summary proceedings, bring an action in court to compel arbitration of any Dispute. 9.13.1 Governing Rules. The arbitration shall be conducted in accordance with the Federal Arbitration Act (Title 9 of the United States Code) except to the extent modified herein, and shall be administered by the American Arbitration Association (the 9.13.2 Scope of Award: Modification or Vacation of Award. The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable The arbitrator may also grant such ancillary relief as is necessary to make effective the award, provided, however, in no event may the arbitrator award punitive damages To the extent permitted by applicable law, the arbitrator shall have the power to award recovery of all legal expenses (including, but not limited to, attorneys' fees, administrative fees, arbitrators' fees, and other professional fees and expenses) to the prevailing party. The arbitrator shall resolve all aspects of any Dispute in accordance with the applicable substantive law. The arbitrator shall make specific, wntten findings of fact and conclusions of law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction subject to the parties' statutory nght to seek vacation or modification of an award pursuant to applicable law. The findings of fact by the arbitrator shall be binding upon all parties and shall not be subject to further review, except as otherwise allowed by applicable law. 9.13 3 Other Matters and Miscellaneous. To the maximum extent practicable, an arbitration proceeding hereunder shall be concluded within one hundred eighty (180) days after the request by the initiating party for arbitration Arbitration proceedings and any corollary proceedings hereunder shall be conducted in the County of King, Washington. The arbitrator shall be empowered to impose sanctions and to take such other actions as the arbitrators deem necessary to the same extent a judge could pursuant to Washington law Discovery permitted in the arbitration shall be in accordance with the Federal Arbitration Act 9.14 Approvals. Whenever in this REA the consent or approval of a party is required, unless otherwise specifically provided, such consent or approval shall not be unreasonably withheld, delayed or conditioned [REST OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES ON NEXT PAGE] Page 12 of 29 Printed on 2/13/2007 7:21:34 AM Branch :GOK,User :BLOE Comment: Station Id :EGU] IN WITNESS WHEREOF, the undersigned has executed this REA on the date first / hereinabove written. "DECLARANTS" HUISH FAMILY FUN CENTERS, a Washington corporatio By.N,JYtt uish, H ' OTEL LLC, a Washington limited liability company By: ohn M Huish, anager F Y FUN CENTERS TUKWILA, LLC, a Washington limited liability company Manager KING,WA Page 13 of 29 Printed on 2/13/2007 7:21:35 AM Document: 2002.0417000774 Branch :GOK,User :BLOE STATE OF fill" COUNTY OF On ./ / o?00./ before me, 6{.S4 4 2/(C4& , a Notary Public in and for s afft County and. State, personally appeared JOHN M. HULSH, personally known to me (orproved to me on_ th_e_basis of safactn 'deuce to be the person whose name is subscnbed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. t •' _* Z1NC,y o� .•°gw FxA ' . t�oTAik . D t WITNESS my hand and official seal Public in for Notary Said State Comment: Station Id :EGU (seal] /) KING,WA Page 14 of 29 Printed on 2/13/2007 7:21:36 AM Document: 2002.0417000774 Branch :GOK,User :BLOE KING,WA Document: 2002.0417000774 Comment: LEGAL DESCRIPTIONS AFTER ADJUSTMENT; ADJUSTED PARCEL 1: THAT PORTION OF THE WEST HALF OF SECT ON 24, TOWNSHIP 23 NORTH. RANGE 4 EAT OF THE WILLAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS • Follows. ' , COMMENCING AT THE INTERSECTION OF THE 2U-UNE OF PRIMARY STATE HIGHWAY NO. 1. GREEN RIVER INTERCHANGE, ALL AS CONVEYED TO OR CONDEMNED BY THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 5499612. 5507291, 5.510773, 5503778. 5336532. AND PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT OUSE NO. 596089, STA POC 134428.56 WITN THE A -LINE. STA POT 102 +82.12. AS SHOWN ON THAT CERTAIN MAP ON FILE WITH THE STATE OF WASHINGTON DEPART ,e4T " OF TRANSPORTATION LABELED SR 405 GREEN RIVER IN1ERF WAGE RIGHT OF WAY STA 99+00 TO STA 120+00. SHEET 2 OF 2. APPROVAL DATE OF .UMUARY 30. 1962; WT RI LUST REVISION THENCENOR H 42'30 02 L AS T 1 A L O N G THE CENTRUNE OF SAID A -LINE, 86.55 FEET TO STA 103+70.67 OF SAID A -LINE; THENCE NORTH 4T29'S15' WEST. 60.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY SAID PRIMARY ARY STATE HIGHWAY N0. 1, SAID POINT BEING THE BEGINNING OF' A CURVE .CONCAVE TO THE SOUTH WITH A RADIUS OF 163.00 FEET. AND ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTHERLY. EASTERLY. AND SOUTHERLY ALONG SAID RIGHT OF WAY ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6418'29' A DISTANCE OF' 184.37 FEET; THENCE LEAVING SAID RIGHT OF WAY, AND BEARING NORTH 2114'11' EAST. 38.16 FEET; THENCE NORTH 6418'08' WEST. 5.90 FEET; THENCE NORTH 2 258'18' WEST, 166.10 FEET; THENCE NORTH 2Z01'42' EAST, 229.49 FEET TO A POINT ON THE ORDINARY HIGH WATER LINE OF THE GREEN (WHITE) RIVER AS T WAS MAPPED BY BARGWIUSEI CONSULTING ENGINEERS, 94C. ON AUGUST 11. 1997; THENCE ALONG 7HE ORDINARY HIGH WATER LINE OF SAID RIVER THE FOLLOWING COURSES AND DISTANCES: SOUTH 70'00'00' WEST, 39.06 fEFT; THENCE SOUTH 7500'00' WEST. 65.00 FEET; THENCE SOUTH 6700'00' WEST. 100.00 FEET; THENCE SOUTH 5740'00' WEST, 30.00 FEET; THENCE SOUTH 63'5 WEST. 35.00 FEET; THENCE SOUTH 56'3000 WEST. 100.00 FEET; THENCE SOUTH 51'00'00' WEST. 50.00 FEET; THENCE SOUTH 35'40'00 WEST, 40.00 FEET; THENCE SOUTH 3700'00' WEST, 60.00 FEET; THENCE SOUTH 3 120'00' WEST, 30.00 FEET TO THE NORTHEASTERLY RIGHT OF WAY FOR SAID 211- UNE THENCE SOUTHERLY ALONG SAID RIGHT OF WAY L6NE TO RS INTERSECTION WRH THE NQ HERLY RIGHT OF WAY OF SAO A -LINE THENCE NORTH 4 230'02' EAST, ALONG SAID NORTHERLY RIGHT OF WAY. 9.42 FEET TO THE POINT' OF BEGINNING. Page 15 of 29 Printed on 2/13/2007 7:21:37 AM Station Id :EGU Branch :GOK,User :BLOE KING,WA Document: 2002.0417000774 Comment: Station Id :EGU ADJUSTED PARCEL 2: THAT PORTION OF THE WEST HALF OF SWOON 24. TOWNSHIP 23 NORTH. RANCE 4 EAST OF THE WILLMIETTE MERIDIAN. IN KING COUNTY. WASHINGTON. BEING WORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE 2W -LINE OF PRIMARY STATE HIGHWAY NO. 1. GREEN RIVER c INTERCHANGE. ALL AS CONVEYED TO OR CONDEMNED BY THE STATE OF WASHINGTON ST DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 6499412. 5507291, 5510773. 5503775. 55365112. AND PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT CAUSE 110. 596069, STA POC (214) 134 +25.K vim THE A-UNE. STA POT 102 +52.12, AS SHOWN ON THAT CEtTATN MAP ON FILE WITH THE ST/OE OF WASHINGTON DEPARTMENT OF TRANSPORTATION LABELS) SR 405 GREEN RIVER INTERCHANGE RIGHT OF WAY STA 99+00 TO STA 120+00. SHEET 2 Of 2, APPROVAL DATE Of ONUA RT 30, 1962. TaIH LAST REVISION DATE OF DECEMBER 31, 1992; THENCE NORTH 4230'02' EAST ALONG THE CENTERIJNE OF SAID A 6535 FEET TO ST 193470.67 OF SAID A UNE: THENCE NORTH 4729'56' WEST, 60.00 FEET TO A POINT CHINE NORTHERLY RIGHT OF WAY OF SAVD PRIMARY STATE HIGHWAY 140. 1. SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH. THE RADIUS POINT OF WHICH BEARS SOUTH 4729'58' EAST, 163.00 FEET DISTANT; THENCE NORTHERLY. EASTERLY. AND SOUTHERLY ALONG SANG RIGHT OF WAY ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64'4519' A DISTANCE OF 184.37 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUMC ALONG SAID NORTHERLY RIGHT OF WAY LINE ON SAID. CURVE THROUGH A CENTRAL ANGLE OF 22'45'54' AN ARC DISTANCE CF 64.76 FEET; THENCE LEAVING SAID NORTHERLY RIGHT Cf WAY AND BEARING NORTH 24'09'32' EAST. 41.99 FEET; THENCE NORTH 653419' EAST, 149.44 FEET; THENCE NORTH 564356' EAST, 207.60 FEET; THENCE NORTH 3314'15' WEST, 25.64 FEET: THENCE NORTH 5352'52' EAST, 93.41 FEET; THENCE NORTH 1T03'48" EAST, 53.44 FEET; THENCE NORTH 1749'32' WEST, 49.22 FEET; THENCE NORTH 481815' WEST, 20.06 FEET: THENCE NORTH 20'06'22' WEST, 44.35 FEET; THENCE SOUTH 6651'38' WEST. 24.62 FU T; THENCE NORTH 1722'51' WEST, 103.07 FEET TO A POINT OF THE ORDINARY HIGH WATER UNE OF THE GREEN (WHITE) RIVER. AS R WAS MAPPED BY BARCHAUSDI CONSULTING ENGINEERS. INC. ON AUGUST 11, 19977; THENCE ALONG THE ORDINARY HIGH WATER UNE OF SAID RNER THE FOLLOWING COURSES AND DISTANCES: SOUTH 7730'00' WEST, 3.45 FEET; THENCE SOUTH 7700'00' WEST. 50.00 FEET: THENCE SOUTH 7E30'00' WEST, 55.00 FEET: THENCE SOUTH 7620'00' WEST, 70.00 FEET: THENCE SOUTH 69'00'00' WEST, 65.00 FEET; THENCE SOUTH 6640'00' WEST, 55.00 FEET; THENCE SOUTH 70'00'00' WEST, 15.94 FEET; THENCE LEAVING SAID ORDINARY HIGH WATER 181E MD BEARING SOUTH 2201'42' WEST. 229.49 FEET: THENCE SOUTH 2258'16' EAST, 166.10 FEET; THENCE SOUTH 64•48'08' EAST 5.90 FEET; THENCE SOUTH 21'14'11' WEST. 38.16 FEET TO THE POINT OF BEGINNING. ./. • Page 16 of 29 Printed on 2/13/2007 7:21:38 AM Branch :GOK,User :BLOE LEGAL DESCRIPTION `3 That portion of the West half of Section 24, Township 23 North, Range 4 East. W M , in King County. Washington, being more particularly described as follows Commencing at the intersection of the 2M -Line of Primary State Highway No 1, Green River Interchange, all as conveyed to or condemned by the State of Washington by Deeds recorded under King County Recording Nos 5499812. 5507291, 5510773, 5503778, 5536582, and proceedings under King County Supenor Court Cause No 596089, STA POC (2M) 134 +28 56. with the A -Line. STA POT (A) 102+82 12, as shown on that certain map on file with the State of Washington Department of Transportation labeled SR 405 Green River Interchange Right -of -way STA 99+00 to STA 120 +00, Sheet 2 of 2, approval date of January 30. 1962, with last revision date of December 31, 1992. THENCE North 42 °30'02" East along the centerline of said A -Line. 88 55 feet to STA 103 +70 67 of said A -Line. THENCE North 47°29'58" West. 60 00 feet to a point on the Northerly nght -of -way of said Primary State Highway No 1, said Point being the beginning of a curve concave to the South. whose radius point bears South 47 °30'02' West, 183 00 feet distant. THENCE Northerly, Easterly and Southerly along said Right -of -way. on the arc of said Curve through a central angle of 87°34'23' a distance of 249 13 feet to the True Point of Beginning. THENCE continuing on the arc of said Curve through a central angle of 1°2220' a distance of 390 feet to a point opposite STA PT (A) 105 +30 55 of said A -Line, and 60 feet distant. THENCE continuing along the Northeasterly and Northerly right -of -way of said A- Line the following courses and distances South 48 °33'18" East 115 79 feet. THENCE North 81°2426" East. 106 02 feet, THENCE South 08 °35'34' East, 60 00 feet, THENCE South t7 °41'53" West. 29 84 feet to the beginning of a non - tangent curve concave to the North. whose radius point bears North 17°41'53' East, 182 00 feet distant. THENCE Easterly along the arc of said Curve through a central angle of 21°3815' a distance of 68 73 feet. THENCE North 66 °58'45" East. 152 75 feet, THENCE South 23°0115' East, 20.00 feet to a point on the Northwesterly nght -of- way of Secondary State Highway No 1 -L (formerly known as the Black River Junction- Renton Road No 1193) as conveyed to King County by Deed recorded under King County Recording No 2919485. THENCE North 66 ° 58'45" East along said Northwesterly Right -of -way, 482.07 feet to its intersection with the West margin of the 100 -foot nght -of -way conveyed to Chicago, Milwaukee and St Paul Railway Company by Deed recorded under King County Recording Nos 453942 and 995370. THENCE Northerly along said West Margin and said West Margin extended Northwesterly parallel to the centerline of said Railroad to its intersection with the KING,WA Document: 2002.0417000774 AP. Comment: Station Id :EGU Page 17 of 29 Printed on 2/13/2007 7:21:39 AM Branch :GOK,User :BLOE .4.a %g(Csv4 Easterly extension of the boundary line as established by King County Supenor Court Cause No 725392, THENCE South 48 °14'49" West along said Boundary Line Extension, 134 07 feet to its intersection with a line that Iles 200 feet Southwesterly of and parallel with the centerline of the Northern Pacific Railway: THENCE North 33 °54'49" West along said Parallel Line, 26 08 feet. to its point of intersection with the ordinary high water line of the Green (White) River, as it was mapped by Barghausen Consulting Engineers, Inc on August 11, 1997, THENCE along the ordinary high water line of said River the following courses and distances South 55°20'00" West, 51 46 feet, THENCE South 77 °30'00" West, 55 00 feet, THENCE South 74°00'00" West, 50 00 feet. THENCE South 77 °30'00" West, 51.55 feet, THENCE leaving said Ordinary High Water Line and beanng South 17°22'51" East. 105 07 feet, THENCE North 69 °51'38" East, 24 62 feet. THENCE South 20°08'22' East, 44 35 feet. THENCE South 48 °58'55" East, 20 06 feet. THENCE South 17 °49'32" East, 49 22 feet, THENCE South 17°03'48" West, 53 44 feet, THENCE South 53 °52'52" West, 93 41 feet, THENCE South 33 °14'15" East, 25 64 feet, THENCE South 54 °43'56" West, 207 60 feet, THENCE South 65 °34'09" West, 149 44 feet, THENCE South 24 °09'32" West, 41 99 feet to the Point of Beginning. (BEING KNOWN AS Adjusted Parcel 3 of Boundary Line Adjustment No L98- 0028, recorded under Recording No 9806309017) ALL SITUATE in the County of king, State of Washington Comment: Station Id :EGU KING,WA Page 18 of 29 Printed on 2/13/2007 7:21:40 AM Document: 2002.0417000774 Branch :GOK,User :BLOE KING,WA Page 19 of 29 Document: 2002.0417000774 Comment: Station Id :EGU PRIVATE WATERMAIN EASEMENT EXHIBIT tiooTHERN a8L ROAD LOT 1 WATER 31 LF LOT 2 WATER 656 LF LOT 3 WATER 1.448 IF Printed on 2/13/2007 7:21:40 AM Branch :GOK,User :BLOE Comment: Station Id :EGU KING,WA Page 20 of 29 Document: 2002.0417000774 Printed on 2/13/2007 7:21:41 AM Branch :GOK,User :BLOE Comment: KING, WA Document: 2002.0417000774 PRIVATE WATERMAIN EASEMENT EXHIBIT Page 21 of 29 1 Printed on 2/13/2007 7:21:42 AM Station Id :EGUI Branch :GOK,User :BLOE PRIVATE WATERMAIN EASEMENT EXHIBIT 31 Lf 656 Lf 1 448 If KING,WA Document: 2002.0417000774 Comment: Page 22 of 29 Station Id :EGU1 Printed on 2/13/2007 7:21:43 AM Branch :GOK,User :BLOE a) t2 C9 I— m x w Comment: Station Id :EGUI PR_VATES�TQRY SEWER l b EASEMENT EXHIBIT �noAo Roam gel � � 4 KING,WA Page 23 of 29 Document: 2002.0417000774 • • 1, Printed on 2/13/2007 7:21:44 AM Branch :GOK,User :BLOE - Li_uunniu t it, EASEMENT �� EASEMENT EXHIBIT N ames' Comment: Station Id :EGU1 KING,WA Page 24 of 29 Document: 2002.0417000774 Printed on 2/13/2007 7:21:45 AM Branch :GOK,User :BLOE Comment: 1 Station Id :EGUI w I- co w 1 a Zs n PRIVATE STORM DRAINAGE EASEMENT EXHIBIT lb r ritri 1 - 1 1 .1 LOT I VACANT IS WIDE PRIVATE STORM ORNNACE . EASEMENT %�� 1 \ ' t l ✓% —NEW IS WIDE PRIVATE RAILROAD STORM DRAINAGE EASEMENT LOT I STORM 462 Lr LOT 2 STORM 1.197 lr LOTS STORM 1.359 LF • KING,WA Page 25 of 29 Document: 2002.0417000774 Printed on 2/13/2007 7:21:46 AM Branch :GOK,User :BLOE 0 w KING,WA Document: 2002.0417000774 Comment: PRIVATE STORM DRAINAGE EASEMENT EXHIBIT Y -NEW I5' WIDE PRIVATE wz miERI RAI.AOAD STORY ORNNACE EASETIENT rri ;T-1 77:71 r ;r, - i - .: j r 1- -- I FAMILY FUN _4 rI CSITEA 1 _I 'h 4 ��N EYI 15' WIDE PRIVATE C STORORAINAGE, ^N • ' (, ( 1 . LOT 2 1 STORM LOTS STORY Page 26 of 29 482 If 1.197 If 1.359 if Station Id :EGUI Printed on 2/13/2007 7:21:47 AM Branch :GOK,User :BLOE Comment: Station Id :EGUI KMG,WA Page 27 of 29 Document: 2002.0417000774 Printed on 2/13/2007 7:21:48 AM Branch :GOK,User :BLOE Comment: Station Id :EGUI c CV 0 N KING,WA Document: 2002.0417000774 PRIVATE SANITARY SEWER EASEME FXHIBIT wow l � Page 28 of 29 SEWER 221 LF LOT 2 SEWER 387 IF LOT 3 SEWER a If Printed on 2/13/2007 7:21:48 AM Branch :GOK,User :BLOE Comment: Station Id :EGU1 rarm wwaoa ~ ano�� ista tiaAant03w N 1IS KING, WA Page 29 of 29 Document: 2002.0417000774 Printed on 2/13/2007 7:21:49 AM 5490612 - WARRANTY MiJD ' �w s ary S t ate Highway No.l Orson Mi Interchange p CO 3;9 �Q In r;J Matter of Prison' �� p ��� 0, �. 11. NO. %S1 . KNOW ALL MEN BY THESE PRESENTS, That the Grantor fred nelsen .a widower for and in consideration of the sum.of -T1QI - - - -- Dollars. and other valuable consideration hereby conveys and warrants to the STATE or WesnntaroN, the following described real estate situ- ated in EINO County, in the State of Washington, to the same extent and purpose as if the rights herein granted had been acquired under Eminent Domain statute of the State of Washington: All that portion of the Iolliring described Parcel "A" lying Southerly of a 1 - e drawn parallel with and 60 feet Northerly, when measured radially, from the "A" Line center line of Primary State Highway No. 1, (peen River interchange. ALSO., all that portion of said Parcel "A" lying Southwesterly of a line drawn parallel with and 200 feet Northeasterly, when measured at right angles from the Northeasterly right of way line of Existing Secondary State highway No. H PARit:II. Ws That portion of Government Lots 8 and 10 in Section 24, Township 23 North, Range 4 East, W.M.., lying north of Bond Iesue Road No. 10 and of right of way of Puget Sound Electric Railway, West of right of way of Chicago, Milwaukee & St. Paul Railway and Northerly and westerly of Chas. }bneter !bad, EXCEPT that part thereof described as follows. Beginning at a stone monument ea the center line of permanent State Highway No. 3-D at the point of a curve and designated as Eng. Stat. 136 plus 44.32; thence North 6e West along said center line 49.72 feet; thence North 80'55' East 306.34 feet; thence Korth 9'05' West to the North margin of Bond Issue load No. 10; thence South 80'55' West 48.28 feet to the time point of beginning of the "tract of land herein described; thence continuing South 80'55' West 220 feet; thence North 0'53' East 120 feet; thence North 80'55' East 220 feet; thence Southerly to the true point of beginning; (including fee. under Northerly half of adjacent road; situate in the Town of Tukwila, .CoAntv by b of King. State of Was n..I File EXCEPT that portion thereof convey a . to :;et:+ , 'le:::. - ecorded under .1' uaitor s :' o. 5015114, records of said C.,ur:ty. The landibeing herein conveyed contain a_i•area 1.1 acres, more or lees, the specific details Ilbncerning all of which are to be found within th certain map of definite location now of record and on file in the office of the Director of Highways at Olympia and bearing date of approval January 30, 1962, revised July 7, 1962, and the center line of whichis also shown of record in Volume 2 page 192 of highway plats, records of said County. Also, the Grantor herein conveys and warrants to the State of Washington all rights of ingress and egress ( including all existing, future or potential easements of access • light view and air) to, from and between Primary State Rtig River hway No. 1, Green Interchange and the remainder of said Parcel "A ". ...e ..raptor i ein reserves tml right to remove the improvements from thc' lands herein :on , a:,suming all liability o persons and /or oronerty connected wish said -e -uval, ..Inc until December 14, 191,2; nowcver on Said date all improvements yet rcraial :,: Irr1•is shall become the property of the 3;.ate of .iashington and all ri;h of .:'.0 .i. Far: or, his helms, 3UCC:C3 ; or ....suns, shall then ce ^se and t 1_:71L'::ate. ./../ • 1 . 1/041 .0: \'f.' ..1 • ..:.. r :': Rt. ,II 1 • . I,11 11 „ • i.1 11 ,. ∎ 1 •,r1 -itl It is understood and Agreed that the delivery of this deed is hereby tendered and that the terms and obligations icreof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Dem:Melt of Highways, by the Chief Right of Way Agent. • rlith September 1,62 •••■ Dated voL4329 m610 Accepted and approved County of By • STATE OF DART STA715 OF WASHINGTON. KING ." N • I HIGHWAYS 4, •■• of Way Arent. 1. the undersigned, a notary public in and for the State of Washington, hereby certify that on this .. day of... . personally appeared before me FPFD NaSal . . . - . to me known to be the individual__ described in and who executed the foregoing instrtiment, and acknowledge.4 that . he . signed and sealed the same as.. _ his _ _ _ free and voluntary act and dee4e,tgr' ihkiieei'und purposes therein mentioned. .•zgi4ev iijhand and official seal the day and year last ab 7 • " ••• -. • • .• A• . • , • IP • } • z RECORDED-- VOL PAGE.. ...... ...REQUEST OF • • 1%2 OCT 9 p*,, ft 52 Waii- • . DEPUTY 1 -7-* Ci r Notary Addle itt a • Sdathl Residing at . .. . the Stott of Washington, 5510773 warranty DEED LIMITED ACS REC EIVED C': In the Flatter of Primary State Highway No.1 asrenRtver Interchange MAR KNOW ALL MEN BY THESE PRESENTS, That the Grantors M 2 ANDERSEN and ROSE ANDERSEN, husband and wife Anker Andersen rose andersen for and in consideration of the sum of and other valuable consideration hereby ..unvey and warrant to the STATE or Wasmxcron, the following described reel estate situated in ICING County, in the State of Washington, to the same extent and i.urpose as if the rights herein granted had been acquired under Eminent Domain statute of the State of Washington: All iiseimplasidias of the following described parcel "A ", EXCEPT that portion lying Northeasterly of the follma+Lng described line; Beginning at a point 70 feet Northerly, when measured at right angles, from the A -line center line of the above mentioned project, said point being opposite Highway Engineer's Station A- ]10+65; thence Westerly in a straight line to a point 60 feet Northerly, %h en measured radially from said "A" line, said point being opposite Highway Engineer's Station6.08+91.16; thence North - westerly parallel with said 'A" line to a point opposite Highway Engineer's Station A108.00; thence Northeasterly in a straight line 40 feet, more or less, to a point on the Northerly.boundaty of said Parcel "A" and apposite said highway Engineer's Station A108.00, and the end of this line description. PARCEL "A": That portion of Government Lot 10 in Section 24, Township 23 North, Range 4 East, W.Y., described as follows: Beginning at the intersection of the Northeasterly margin of the Puget Sound Llectric :t: ilway right -of -way with the Southe.4 margin or 3.,:x1 Issue Road No. 10; thence North 60 ,5' Eaat along said road margin 154.1,, feet to the tru8 point of beginning of the tract og land herein described; thence continuing North 80 ,5' East 154 feet; thence South y 05' East 61.96 feet to the Northwesterly margin of Black River Junction Over - crossing; theme South 65 ° 47'50" West along said Northwesterly margin 1,9.52 feet; t:lenee North r05 West 103,48 feet to the true point of beginning; situate in the Town of ,lik County of King, State of Washington The lands herein conveyed contain an area of 8,110. square feet, mon: or less, the specific details concerning all of which are to be found within that certain map of definite location now of record and on file in the office of the Director of highways a:.:.iyrpia, and bearing date of approval January 30, 1962 revised September 18, 1962, and the center line of which is also shown of recori in Volume 2, page ly2 of Highway Flats, records of said County. Also, the Grantors herein convey and warrant to the State of Washington all rights of ingress and ogress (including all existing, future or potential easements of access, light, view and air) to, from and between Primary State Highway Ho. 1, Greenriver Interchange, and the remainder of said Parcel "A "; EXCEPT that the Grantors herein reserve a right of reasonable access to the "A" line center line of said Primary State Highway No. 1 Greenriver interchange, any APPROACH to said "A "line shall be maintained between the shoulder line AND the right of way line of said highway by the Grantors, their heirs, successors or assigns. The Grantors herein reserve the right to remove the improvements from the lands herein conveyed, assuming all liability to person and/or property connected with said removal, at any time until December 28, 1762; however, on said date all improvementm yet remainE.r;; upon said lands shall become the property of the State of : ashington and all rights of the ,:rumors to said improvements shall then cease and terminate. C vot4347 matija.' It is understood and agreed that the delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hems in writing for the Matt of Washington) Department. of Highways, by the Chief Right of Way Agent. Dated this__ °414)11er 3962 1%. 4 K1.4e../ Accepted and approved I/ • STATE OF WASHINGTON Thlreltralthiaa . ' AS BY SrAtit 01 W.I.GTC11, County Chief RIQtd o1 Way Aetna. I es. I. the undersigned, a notary public in and for the State of Washington, hereby certify that on this 28 October ly62 _ th ,.. _day of.. . , ,. . .. . . . personally appeared before me MEER ANDERSON and ROSE AIMERS).11 • ... ... . . .. .. . .. ...... ........ to me known to be the indiaiduaLP described in and who executed the foregoing instrument, and acknowledged that_ . .sioned and sealed the same ak. their ... free and voluntary act and deed, for sheysedhasict purposes therein mentioned. 4 4. 1:1 0447.-iity !land andofficial seal the day and year a written. ii _-.■ : .,..;:,... ' .111- ri 4 - -*: -.. i --- - tar nut State or Troohtuptogt, - Mouev rebut : i -- 1...• ,'. • LI: ..: .. 4t,...t tail ,..., r , , : • . - 41 ^ c• •••:. Restlailso at.. .. 1: •.• 1. ..: . : 4' , • . • .1. „ - • .... i; . 1,, e• •••:,..) • ■.. ••„ IN ...., • - --• - 5581730 The Grantor, independent water company.1 irgton for and in consideration of mutual Benefits, cetreeke and quit olaiaa to the STET' OF ihisirrzron, all interest iri and to that' p Y. oft- , The William 11. Gilliam Donation Land C .ai* 140. /JO, (including Government Let 1?), and Cmrern • Lots 8. and 10,. all in Section 21i, TownsLip 23 North, Ran;e L Best of the Willamette Meridian, situate in icing County, Vashington, lying within the right of way of highway designated as • Fliimary Ctate :;o. 1, 3reen River Interchange and Jct. SS77 ''o. -I-: to Jct. PS:' '?o. 2 i. enton, t.ie specific details concerning which are to be found within those certai- raps defi loc:tieri ow of record and or. f`.le i ' t::e o; °ice of tile Director of ::says at Olympia, :ashiton. t e Ira' :or : e-eb.i conveys a-A r -it cla'_ -s to the :.t.a-c. of r:11. . _ = }:. sot i:1:-ress and af.ress ;Including all exl.:tl:4, future or e;:rene o. ..cc .s, ligt:t, vi-aw and air) to and from hi,,i.iay j�s- ,^Zt 'd :r:n: 1, _seen :i'•rr Interc::an •e and Jct. - 4: 2 - :•: tc Jet. .-rid :»:e rer.a Lnder of the above e::crie'. d : s h.ild ease ent rigs:.,; -:X . i ". tn.: t as a part t :_ t '..._$ .. •:a.- •oact .i.'n .. :e 2:a: c '+' :s t.7 • r: t:.0 : tor, ....t 'n• GS _...., .:c . - ht . f r ?c_s• Af.l. ::CC'., _ L _ . e n1 .r' .2.:1; _ 'a:' :, of .:i_ ..,a gal;= n..._r's Station . -.. i .+ . .:.nd - •.t of aece:s t t..e "A" Line ::1 .. ate _. � ., -•�• _ .. t.'n pr.rt.cs a•d .:at no title r • conf r_n . o ti j : . .. :.e cost of rd' exec::! Sheet 1 of 2 sheets right of way 01 tie above riklarineed.high*iy projects. IN WITI/E.S.1111=0, laid :Grantor boa (lensed this instrument to be executed by its proper ,offieers and its, corporate seal to be hereunto affixed • this day of ,, , 1963. Accepted and approved ;led for Record .eQ.e-f of Deparfmrd : ) ss ,W /0 1963 Highways 12 A urup.:Ac • and official seal Sheet 2 of 2 skit Li- 1.. st O this 1 day of April , 1..3, ; . ' Fred Nelsen a .d Sidonia A. Kettering to tic Freside-:•t aslrer con.orst..:n d • : • 1••• a-d •c•d raid inslr r. :..e !••!•::.r.•• said corporati f.p:•••• t us-z r.77 t. •i, • ,: triey wc-e to e:cccv! oa ‘‘..• ''''''''''''''''''''''' 0 . . • - "mratt &:.ot - E 14,116 hand • o.: ••:'„ ''''''''''' . :wo tn ,r • , • 'kr, ‘ at .0 a ..ecretary- .rer..sure.r SPECIAL EXCEPTION NUMBER THIS EXCEPTION IS A RESULT OF COURT ACTION. A FULL COPY OF THE DECREE IS NOT AVAILABLE IN OUR RECORDS BUT HAS BEEN ORDERED FROM THE COURT AND WILL FOLLOW UPON RECEIPT. D filedAng !t tf 1903 ntd Aug 17, 1905 *190 2 s •. "reed relsen end Dora Nelsen hwf of kow to the"sortbern Peaifio Railway roepany nVis oorp 'Pp o :' and war o sp the fd in v.CW: A ,!rip of ld 100 ft wide over and across lots 8 a nd 10 in see 24 t 13 n r 4 e nd strip of ldhaving for its bounder 2 lines tint we plw and equally distant from the cent 11 of theproposeed change of the rr or the A P Ry Co as the sa 1s now located staked out ant to be oonetruotsd over aid esroes ad port sebdai sag the re the P 8 Hlootrie ctd 1.' acres ml. Tog with the rich t to orange the channel of bits Air r froel Its present location in Lots 6 and T and 8 sso 24 . t :i3 a r 4 • to a pt about 400 ft wly as Oa on the blue rrint her-.:to attached and merke4 ens A• reser•ign erd 025 h- ,weever the right to a prlvnts road orootinng� sever ant across 84 strip of ld aM the rr of the ! op immediately south of the rw of theRenton branch of the Puget Sound Rleotr: 281 27 Provided for feooss and for trestle thou !to excavation of burrow pits s'ls all be wads on ad strip *p ark sd nen as in full setiefaetien for all damage, to their C#wlosid with Reaxrd Na 271781 Lends in ECW now owned by than by reason of the change of the channel of sri White liver sins seals Aa• -c; Au/ 17 19c3 by IN and PR hd bef 11 R Thompson ]ff 9' •ee at Tacoma (N8• Plot attached (!Dhows new rw line extending in straight lino southward frog north end of the wys-joining the original rw Just tevopnd oroesinp of the Trterur'van Renton. Line with the channel cf the River immediately to the .pest cif sd rw as charred, thou the pt of land marked lots Mei 30,31,32.) Yd D. No. lea Vol. D. No. Ba. OIL o •••••J p p r • RECEIV MAR 2 3 2001 &I LI/ L N r irt p radtemit.3 1903 nu * 1401 ) Prod Melo. ant flora (010 he I of NV the !iorth*rn ;nettle Railway Conan, Pp grt to sp theright to fill the 102 40 ft Of that parties of thitz strip of id in ROW oyet by fp to up by teed dtd Aup 17 1203 andr•ud A u g 22, 195 in vol 382 Y i p 248 - ryas abet over soh the sp is required to build and maintain • trestle under theterma of ad d set, and hby 85808 all olaims frrdmmanes for and on woountof the sm. sige Adc.lcss; 8ept2c 16 by 1 and 111 but be? I R Theo If51_ reed Tanona(NS) see file 271782 Leta 8 and 10 see 24.21.4 Alp. 4 • RECEIVED MAR 2 3 207 comiviuNcr DEve.opmENT R CE IvEb MAR 2 3 2007 b &lMUW/ 2 • l ELophiair l o 0-4 *± , ..Jor 8►.1 , - h , -o G to tooLfiG Xioky t' er own p: a itiseox in ow Pis o . 90:14 to' 4 1x11 tat is t ' .fol des r e A strip of 14 .1 0 : ft . iu ! id'th: ae e►oo i4 t 8.:of. • ev 24 iu tp 0 * of r of thy:. t X *at lyt `oath li:, line of the rt. of toty. of 44' bo i 1N40 ,. 0 on,y ae the g:1y ]pike of the ..:3Q: road, being t0 ft a!iA.a aas eaeh•:r de of the. fn] des•. oente.r line; .dotal. at apt on 'Cho s 11,.41 :of ad 808.:8 , x. •ft g of to .82 ;der of Id. Sea ti a 8 dt $i an > . a rl► . ao ig1n 3 f 80 4 �61'.16" in the ll) $ 'ranw .04 ft a. p ::of spin i . a 017. direction to,; t a ..lIpa rlss spirnied n o: vin . ohords at 81 ft. '.aodl a diotaa.s• .188 'It to a ::pi . of ,eaidpoeoi*d .oa�rvnt th o:►nt1n iing la ally dirsotion s1R a .ours with. a unifora radiga of 1910.06 ft . 8 ft. to an interia eti.o.n with the !1,: rt of why! link► of than orig 100 foot rt of ,ra►y o f the Paeget 80 u►n.a Snore Bea i.l so>ad Comptlny, now do.rtbetra. F-aaifia » ilway Company a the. tras pt of beg . of the -strip of..16 hia doe, th.. cant in - a 81714 d.ireotien ,nlg st curve. wi h.. a unify rs ins Of 1910.08 ft., 488.1 ft a or 1 to the 817 rt 'of tp►y line of the B1 ob grey to ReatOn Co rood sad the t. final pt of .strip of luad..bia lee=. tb Co*ti ui in a Illy dirodtiog 0n ad env a wilh •a uaiforn radial of : 11 0.08 ft, 818.11 a pt.. of coariiypound curve, tb in *aa 89017 direction alga o3rles spiraled oared using 6 ohWN'' ait 83 • ft ec.ob, a diet of ldb ft to ar. pt o f tangent, th alg • a . taaugent in a►.. N8lj direotton 3101.02 ft t0 alai intofl.otion with the line of and sec 24 web pt if • intorseetton is . 817.93 .ft 8 bf IY oar of .4 Sea .$4, dd diet0oe boing resasared. aig et coo line, ed. abc-ve des Strip of 1d dent - 0.9:9 &a a er 1. s i t i n lro a►r>id ew e 44.4 is .inte*Aad to o,p .eli rte ht;oforo resorted by the glogrt tat t.ht : ®ertais deed dtd £ut 19 -1908 .rs,o oo Aeg 88 -08 in Vol •$Sai2. of .i stf$* of► Pg:.i 41 rLC tr *.00rtie ex to vest ir>dil 1arg l title is afld to the sboYe des strip ,of lax+ai it► the t osthern laoifio Ra►.i lv`.�► Qo*paty.. . 84 acorn being in fall setti emunt tof all claims and dea n de for d,xt rss sustaained to aiti4joiia.ing l+:nt owns c by the. gtu s by reason of the fillin of trestle, oonntrnotion, a aintennoe and Operai ;ion of a reilroad. on, oo►er end a+,oroSI et 1d Trod• .He :lden • Dora» Ne'Lsen XCW Jaan 11 -19 bir ?red Nelsen a.ut Dore Nel.000n, hw bef J ►rl Qsblare ar fo:r the N res et -botnell U9 Jot 22 (114.11 to C. }t. mindare, 712 loowan 3ldg) RECEIV M AR 2 3 2007 COMPAUNI Y DEVELOP Agmt Feb 3 -54 Jan 8 -54 $2000 Fred Nelsen (also sometimes kn as Fred Nelson and Fre Nielson) and Meta Nelson hwf To N Pacific Railway Company, a Wis Corp Whereas by deed dtd Aug 17 -03 and recd Aug 22 -03 in vol 362 of deeds pg 245, undr aud'a fl No 271781 in the reds of kcw, Fred Nelsen andDora Nelsen, hwf cyd to the Northern aoific Railway Company, a Wia corp a strip of land 100 ft inwidth over and across Govt lots 8 and 10 in Sec24 -23 -4 EWM; and Whereas, sd deed contained a reservation wch reserved and excepted to be grantors thrin the right to a private road crossing over and across ad strip of land and the railroad of the grantee thrin immediately S of the right of way of the Rente~n Br of the Puget Sound Electric Railway, wch private road crossing crossed rig right of way undr the Northern Pacific Railway Company's ridge now kn as Bridge No. 10, sd crossing and sd bridge being loc aprox 560 ft S, meas alg the center In of the main track of the 'Seattle Line" of sd Railway Company, frm the N In of ad Qovt ■ lot 8; and Whereas, the Northern Pacific Railway Company desires to fill a sd bridge No. 10 on and over an approx round pipe having a horizontal diameter •f 102 inches, in the manner shown on the sketch marked Exhibit" A" prepared in the office of the (caI t )rea R ECEIVED MAR 2 3 1001 OEVELO fl0� r of ad Railway Co Ma1b22 - Assistant Chief En 53, g y mpeny and dtd May 22 -53, attached hrto and made a parthrof; ad pipe to serve as an undr- pass of ad fill in lieu of and to replace sd private road c.rossirg reserved and xcepted in ad deed Now therefore fp for ad consideration and in the further consideration of the right to use a pipe of dimensions no smaller than those set out abv as an undr -pass do hrby grant to sp the right to fill ad Bridge No. 10 on sd pipe and do hrby forever relinquish and qc to ad grantee the right to that certain private road coming reserved and xoeptad in sd recorded deed, but reserving in grantors the right to an underpass thru ad pipe si undr the tracks and across the right of way of the Northern Pacific Rail Copmpany The fp do hrby release and forever discharge sd grantee frm any and all actions or causes of action, costs, charges, claims or demands of any and all persons or parties who may derive their rights or int frm or through the grantors, in any manner arising frm or growing out of the filling of sd Bridge No. 10 or the installation of ad pipe, provided sd filling and installation of sd pipe areprformed and maintained as prvd hrin. And in consideration of the xcn of this agmt by the grantors, the grantee hrby agrees to indemnify and save harmless the sd fp frm any and all actions, causes of actions, costs, charges, claims or demands of anynature by persons orpartiea who do not derive their int or right frm or though the grantors arising or growing out of the filling of ad Bridge No 10 (con't )res RECEIVED MAR 2 3 2001 O E OAllI1INT 4416266-3 - o the installation or maintenance of sd pipe; provided, however, this indemnity shall apply only to causes of action, claims or demands that are promptly tendered to the grantee for handling ad to costs and charges that are icurred by the grantee. Aod the sd grantee further agrees to install ad pipe in accordance with Exhibit "A" Hrto attached and at its own expense to maintain the same or any replacement throf at all times in good condition and repair, provided however the grantee shall be undr no obligation to maintain thsfill, paving, or roadway within sd pipe. And ad grantee further agrees to repair the drain field rng undr ed BridgeNo. 10 if sd drain field was damaged by the grantee in constructing ad bridge No 10 The grantee shall have the right to enter upon the adJ premises of be grantors, if necessary in the placing of sd pipe and filling of ad bridge inaccordance with . the terms hrinbef stated. All the terms and conditions hrof shall inure to and be binding upon the heirs, executors, administrators, successors and assigns of the parties hrto aig ok Wn xcn ok Ramsay co Minn Jan 8 -54 by E. B. Stanton Vice Pres of thecorp tha xc theforegoing inet (cf) bef E. B. Thefts np for sd co and state (ns Jan 24.58( SPECIAL EXCEPTION NUMBER THIS EXCEPTION IS A RESULT OF COURT ACTION. A FULL COPY OF THE DECREE IS NOT AVAILABLE IN OUR RECORDS BUT HAS BEEN ORDERED FROM THE COURT AND WILL FOLLOW UPON RECEIPT. . y2 / Pilo No t .( ' k • • f%-n- 4!— . /"._ . i.Gt, v03/ 7-i . 7 ' • / / / (/. .'- i ..;„„:,/ 2..(.r'✓`r Made `~tit, - rt.,- -/ , . . .. • TO { ✓ ✓: L - Z: Tf/t/ i c‹. ; • b/ _ t/.f. -•• . Act - 5' - . �. :. __. Aci. by . ! / MM-. P. _I.✓1M 1b1P Before �! . „ ' ✓...:1 %; A N. P. whit IIrMT .f�rYir,. ,� V / Venre ✓j/ Con. Revonw Grant. J.r . .._ I Cove .. ape! Piled ....... .......� / . .` wN. D fl* an 24 e9 Dtd lee • 16 001•01111114111 VOW K00I. MI M $10 Yred Nelsen Sometimes spe;;o 4 `ro Ilion or Nelson and Dora Pelson hwf of kow to Chloaro 'Iil and At p Ry Co of An Tp oony and war to s;: sa strip of 14 101 ft in Width over the A s1 to the N si of ff14 in kow p 137 ft of thn 4enmr )leader '0 and lot 8 all 14 Aso 24 9f fp kR 4 Awm R it is agreed t thy; grants( horse shall (OH0 e ell rw►intain ae open uRroneed trestle over the 14 here c(syd t the, 10114 h•:reby onnyd ehnll ho kept fro ae•i oletr fr brush sod aeAous aceum+1. tiaoe of .ay kind, t the tile drain Shall be oonstruoted aore:Mn the WW sent them (motor thnof of el re to orerr.► the drat alapn of n ditch now lig'w t nero!s th.' t Lf.• !re -tee' shell not renown env earthfr trot river haws on yrpty of tF ! t rrenten •hrll eet w the.' ront.nr new pr;.ty h�reh•• cold 9m se 4S3904 «-.. k 1 wit rigs seals 453942.1 ••■■••••wwoe 41001114. .nsv•. .. ►l M Aek kow leo A 44 by 7 and n~ bat 9 7 Hamm np st wa rem rut S (NS) (tie ry f v Co. k 656 Calms Rids) LOT But HMI sa'. P ABaN MOMS MIRO A B i c A 1CLE187 f1d 'el 1-09 ate Deo 30-08 $81 PP.4 Nilson end Dore Nelson hwt to Mileage tallonekoo and ;it feel Railway dempe y or Masts Realtor tbat fp did by MI d14 Doe 8-06 and reedd in • 880 p 482 of D roods of T.O.* oemteir to s a oertapa rtri or It of 14 100 ft wide extending from the a ild• de to the a 314 f the a 127 a ft of the dam deader DO and lot A of sso 24. $ IS N 4 own ud hew rob ad d eoate iced as oxpress pc-orielen or eoa#itlon test ad ry so nonatr*at • ti1• Arai* sores& ad *trip of li near tam minter •lets !Afore in eonaid of 981 fp do ADy rinses• and forever di aonarte ep el !rem Rey mod all 'omits, or obligation to c• e I or rnr•fl n .zo s:ia nr *1n A• provided its a+ d or ..t:.onbi ., ..l.0 s,o tel.!:„14 alt oiRfMr ;pu.laf ues of tr. iailura t'.. eJ- .,•• :uraiau .d .,rAle- 1 *it «ib. Mylla a e r r6 la: :r; ia&+.� .Hass. Div !Air. Pens ar roped dalield u.'r =•t..: u- ad.•el fek key Doe 50-08 by 72 and 8S bet Derr I Aiglr op er at of e* roe at 2a. • RECE MAR 2 3 2001 D fu 011101110114 ,ani be it 41» Re eaasN:eii 1tilu qolgoilky, fit. a grp o t .. t ho :S., of Mt ee tt n, .'sno.; •()ripa *oi ehI net on t1 * and 01:ption: Co pat a got) oo f .t he t ..o! Orog4n ;, P ...d 1 41') . : b 0 end: , :e0 flray: 'unto .ad •': A Rtfa A E t :aA ' to' 1._ ,: pleoo or 1 :of ,: ni{ , , firing a nd be ;t e' 0,• ' O f ' ; 0::.f o eb•.a d . n s 'felt t A t'ri la rt. t r tit of hied oontng e . p . prosie ►te onA t cf .iir? atixs, :iri° doviit L t 8: o.f-,-dsa#nAN ..24 p 2:3::..t. , n : 3 .1.. a _ ,ad tr1•nju) r. t t..o led - ..:*s1 : biada4 .0.1 to :011:: al(ie by: thee: a y► -ln:. o f : t h0:.100: 1.- wide - rt? of :±emy,. ::of, ta.e '"ort ni. u iaoftio: ` ilwa Covapnny i bndoil •.o'n . Its .a1 ®o.+i:by tbi .'A1• fly i 0t-.thee :50 ft wide rt :o +ems' -:.o,f the: it: •3oun& i;.:ao trio A031•a31, . Co *nz-, e - tonto n 71,rmOb . bntol . 0'o * tee K1 i.ii, n :bj .abo. .ely. an -bf abe.: s IOQ ►t tt ; o t: n o 1; itbt► -Chiosdo - :, $3:', a : 3t`.T: _... . 1wisi d *' ' aid of t be'.'ateiton -t0a ir*g t. • Rete Web BAR 2 3 1QQ 1 C01UfAF • $in in : -', 6d rt - to 0 :end: oonv :ola,. r :q ,fir pp an for the oonde: af0 L , , the:: ad, r ;p.. do; for; t be, el! ip • t..fo R= : :.theiir. 'bairn, ,1odr1 .6tpyt. . Rod,_aen ,gra ; _, '.oktn' ` oxaasa: ant A q zit70111 e.•unto : :od A ,� ono nd a ,a-. all ,.the lht said, olu in' of• . :tbe 't p their . :b . ;or :legsl ro:tpve, ewiand firm r cros:0ln `:, -ov tin''er or noroee -t he% of ;` tay ii . of , the e':.p •T e e : now : e s t s b U a h eL , bo-1n ' :o. o .. :101; .::'t in .ai�ith toznd 4artes that part of ''' 0 the aide t fir. !ate of !$at: 'S0 .Rleottio ,; 'e latitarab sn 'tbo • ;.; oY r ..t o!' �t i oo;:tveyoa b ; p .ielaen- Arid `he .at . o.re ,3itlaeiu Cbi�oeigo,� ' '�1 nukee told :st..re41 a,i�.2na i. 'CO ` o t'' p '' ..-*ar'�rf nt$ loeot 4t,d 4w:De4..:.St ),; .1,)06J a n d of reed- :i : :1. : v o ¢< = ,A t ';Aeo ' . 412.,, ; o f t ~ a 1:: ` of. ,d C i�R ;a�ts�aoae k1RQ Or 4.41y 'f C' *cis 1 Puca - oUfld i.1e It` 'paint.' tit ,:e p.: ;Brio : t be :: t p h mini Go r�at ; Lc t 8- o • ► o!' he : ia j 1, I: CO be rroi•4•:$ :Ae 'taCto • re • te'a, 1 •$U tbt: the . iata a • tri0is - , : at, a trod or`Fst'rnoturs..of- • •:r lip ttoet .Ov•r dn anr94,1$2 or • apon •tbbt -rat 8 o i 5eo it:: LOS Ali dfr *stir:: t a:trio C -o s' H A xto.o fir. s oh. e- f rM'.to - ;Cony.y : to';t.ht. piny and 011 :tit- int late -Cr : + ltnftrd , 0 f si cno : Ott/0.: ti e isd ,to .rho •pOrttt 0 see �'�.. T p P.$ .. ,�:+C:: 1�:. .. wrah '.lfoo la 41; the ''i-.100.i; ot: 4 4ir;b` . *8 :1 tel qo. ntV aas id se Ilr1 Ole 1■ a�', tae: ' : . „to.: b . or Kett oestriot Obs tilt tI f�� Ktl8tf�1lAa1iA'`'; MI* it - 314O'ItillIPOI !fiord, H =lt1,11 :in (1 S - Lar , 19 1: 7 'Adegn: b `St ? "'�; • to . sha :. a.■mbi, bop ilrnso: ,1sT *tte :a! t m f ° to for th3ma . 1t; .t`i ,:Uitt, ,,:�.:! Lsl - . `$M/ QUIT..C'A ' to ttsu ::• -: , a "ilr a tto •• sne. o , t he s , p • all rl 6 a o1ah to r. o t . .4i the r of ;:t o - ',:AOOond ' . ,! #+iao, ..011. Y' and . - ,`oonatrntot *tit: *s eta Sin 'iii 3 Opo n,; .th iti *port trb•t oesr' daaud, thct lather 0e o.tb i0 . od: 11 �. :It•:l 7. 't ot� t Ho r;:Wrsa0r _ .... , . oaOer : o" !4 rrrp' Vti to C±►ll'!Oo,, , m a,r r oox�atr'cit :en I a no .mainto pi bt l itl oert lt�n4t r: . s► l five- bnrard tarirk . art 'of. sr:y iono0 or n •'f : t slr: i00':11 . 4i: Cs .rt of r a for 't`heiri 'roi41b : r,:o o :t o • 1Z 7 ., - ft . of Akio: 4 404 ► 1�4oa* D s : C a `nelb►r. • n, "al ° l u 944. i14.:..1 . Tip ' :f$; o f ,j • ?qtr :4 , Id- o :��� �� YES: a n d �: Mo .,a4;, '4lxicL cc•K 1 .. ,ftb!t . . . * /�/� u . *Cai 1,1 +:,OtS�:�' ?'t =d'�,:�.Y1d''Q'1 �A� .. ���� 4�V.I��i �t��� �;��.:� ,Nh� s to ,y . if an b..- t :rr .s3 �aao0r... r do, prix, is, v pia * ®, not! liras- than �PX�1S� � . Ott � �iR�ii t - +�A[eur;o�► t ; • :o ri;l oor'., 'e t `st�►tion � Q: of za'i�ri_:LaM_ a7 ; rtet�.s' ..pry •: �p sd:;°: a i:1rodd ` rrab; 'pnt - , ;. I RECEIVE MAR 2 3 2007 COMM cevaOPnaEN7 k of , he _bv ,otn k4` ud i � a out `! n >>t h. *el,: s PPr?r17. 5QU' ft: t�oatq' .oi`' tbt.'p# b 4,'ah; bt'roapt 6rtl��o'r. lfa'1 :,, i2oc g tlia •ly -: il6s Q r: '.tho OA•t: tres¢ e , Pa At °oui 4 ' :1'►atri4 '1ti1.3WI3' ' p$ ;'`1 be! the ir. :ritioto. a :a.11: par tlad : exgte ;tit; ad la 'n to tut4�r- t;raLo, :�trft._ ts,• . aatt d:+' shc1 b tH eloev . aria eontt ,oi': he tit •v ,gieir; i•it nut Jt$ko 1 osit:: upon 04 t )rt . sut•irvj etotion x 44' &5 4 , a�i. the r�tLi1ri1 +lope of' tar bor.: r.�e' ost thv, poittj vo hnrotn tht tt:w• •+; p[�X ' nod 'bot i. ;rt e c ai tb lr.tt4 • : of;rey with a .bo l.C.ferWe' • at 14NCt.: fl vn a�n•r �N PIyb xi�tilar to'' 7C • o et•fi erica hoar n ;y�► ntors! , n ; tit 7 !)6er4;. �r1. 1 . _ 'b "e irtt�._• in a r... ?ip .bi4e' ott; :1C, , ..'ae.� os ;i►i Ar -graAe ciat;`tla - ' «ir; a riA ►,anii a.h : rte 11:7 ;f •.s , - aq ::that 4 1- tontori; iha•1'1 i�t'. 011 1.6 ft it4v. pr :iy*to, o t tl+ : - Ii8 q op s � • �rt+ ao.ro � =e rt o 'w$7 tht :no :ti 10 barro*. shall on t',a *,t of: aal► .ot a tar�t.er', tnt 1;rteoa. b. fyra:'tilli their tri�atle 'orosa.. ;- �tlnz l nr;. a�ri1� ocnetrtis,t °. 01 , tY f'Q:Axt1e br Ada = rmd. 1�rt,►ata pa:i,s, �ia6 br.ia a *oar the prstwnt m ; { 0On'otry�at t ` p111�no-rnt ' i e b eomiss o f xfer n'.`y b# :0;i 1s' rx i 1rot8 6I f:' 1Ab - 0 . 0,. i.08.11.47 ,airbteettn, arilf $orthern Psd "tie ;1 l ras o trP knYk p�'Oautitp�'! ; 41t3 no., earth of i oro' Ind pi ova i l ad :'► t, 0.*0 :tit paltth o'ridg4 eh+tld bi �A r 004;1 2 uo t�� �t,i�i . u , %i'tttlainet1 its :: to. Rt ul1 iait.4t0 a frog., <<' cTo ► II' t ur horixr ttt�1 .g1oure�noe of not to s8` tnan l: + ;f',. inei�s .;o�euattr. tir..Ant,'.tbnt.,h it. ahall`�ct..be;.::` 11b e s A.., r011: into ed :1l: foo t:'vlagxe�!�e or r ±t,r.at: ttif, hor,i;vont o legrteaciao in: sng 'rqy•, iaalt t1 '* a�iltt, nf rDtSry2: i nn(rvr.- x1ide':OR eOe , nbe.F1.7JO t• ;b +: • e r f: i bt�4q it nt :we;; t; t2�t ,'nrt o' rt.4io ao, *:f rtwt -: +ari4 ;e+-e iztetr•, �.t': the r . o1e fix 4nee, Ih'teier�''. uti�e.: P:ij►pnt, c�j'njr; ,1ipQg.,, ,uietle f$ nap ; t4 0 ' ! ' gai' t- o.'.rt;; ■t/ �Ct►iol'' al t, 1n >the to #t,er,•A oil ltr ` t aide , nn4,r - rri4a • ;,.. + )ra•vi3 :1, , : i net t le. - 'pA1�i'r; >QAI « .ttoflL1,.(:d*enta: ,it it ''ige1 pipes p1.E 7:1 too•• u0ni_Lrnotdd s end nos, nteir►o9- do y !; r: n•a� :� no ta, - `a Frith tb op retic:n of .,.rteie�t' ' tilroa,a °, ; c,rxtt •n' •Ci 1' ' r 1' `txt e: r, 't C >to t o ,,,.ad;�ait�i• �rfn'Ls, 'rrlgQt ° v, %�a'•t'i s tie , hoito�rcir• tt�it it �'c nvoci ,1 oiiX. y.i' "s'Lsood ..�.. to ;tt•t, t ,t tt'i rt arereto oeo•014- "enc bnd. t tt�c I n t t;a1.L7 8x;)l .e P11 �^�.YOrt; tb ` nip It U.IsY Cog ' : a#;en :" rrn:I n t t. 110 • .tae the " rre here t ti t �vir ` b a ' or' I r pye jfr�•� dlri<p•e or u] t1:Q l-�f. tylii' elth 0►; q 7;. 1nd > .++ • br it:r:1 v. their '1, y e.,at a5. ' . in��a� t1,a► a1. ,Sd 4 4 eau haxein° �enc!.•, Y,; ;braitilr•;thp • ' a u torn:fi ra r 3 ., `Zt d r:•' Q 1 . And �Qf � $ a rt tO ati oft 'iirdcr :'ru rfut't'1w t}9113., Gr, any • -, C G1tr 'vt30•u *sir �•' ,GVd,', ads ¢f SST!•, rh`,!�p{jJ t 9, 'rO11*e�i' , ' ob' •r' , . rt c' •.!q • 41 .0 tiO, or :( i►arpte Intl e o;' r;ru n <ori ; heir enq h .140 411, ur ] n l :rpv •s ; ^ittm' rt :r t . !'t; t;t''.htswd h0r'r'!4i'' SO.; 'aei id 't t • s i t isoe tor11 -- ao :: rt ,i:+ h , , `s 1 1�ad in cx1 +? -f o fro 4. •ti} 3:Y• S} °t hi -• +.r.A t: )r3 : ;r ►. , e n ; $ti 4..la tuut- ohs; -11 t o K' . 1 rcl.= tents is :mib;. ►n at.i, ovrr t :;�: • ..., 6:1" ; •Of K CB. 4...ttai ?r' 1't,: • ¢a;t'r�tV.)1 lri ;� 1t,, ;]Z?1 ;19101 'frit ?red'•11o1A,4E e t ` i ; �t o>~ . xitt°';4+nnd �=e •r:��a.: ' r, 14tt _:rte ?.in vol' :0' ; eo . .,•a P;1 4.. tt f • ',9.i:i'i. = 1 *it pmt to s, t .;1r•1n tJ _t iie F $ p tt;bcr sub' rcn�i :o r t1;�' n ,d •t�21 f;1k in r, . 0.. a4 S p ::t ., r - 1$ 1 11... 1 ►f,`lv.9 . l..• - -, - }..r =t.r- Q .P- • •••f o ry� S ^ l`-`' .OYX.'fi .h�r...��.._ a::- '1 .7 1�.J : -� - . �' 8 YL / f - f _ r ' R•!1 '- rt 1 . 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OUR RECORDS BUT HAS BEEN ORDERED FROM THE COURT AND WILL FOLLOW UPON RECEIPT. ••• t.:. - • • . • : :••.? .‘ •-•;- .; , • •,-. *:. •-••• - 4 ••• •• • • '• L.. • ;. . brio C... 4. • Sill" et -.11ek1. • She". .. • • , • ' . it • ***. • ••• • - C OMMUNIty, :1; , • " --DEViabeft • . • - : of: _•t e 11101 . : 40: :114 '.0*kitor • — bat , -1.etTOr.i IW i4 or ?•••.:0041: ' * 4 • !;co 00:: •ir:Vot100.- . . 4 41130 * tt:e 44 et • • INba.4.4041 iu thaviNt timi of- '11 /AV aea.fy. . h• o&at e01. or *s bafl eo . 84 '; tog - *!4r tas t -•stt.cso:sli 4. eget.- $4 elatt tha trio • . .S0.14 W44; ri to . ...144v . %h wly 1St; ; tit 10 3.0.v.tr : 40 ;Co.t..1 it41-• it* :440 po, • 4. , • • , , 040W*Fall', .114 . :Ot 140.4 SOft*:* • • • *7, obi** - .4•404 : oossidi* ••• of 0409 14tioitrii114 :IR ' t4 a* lent tatt .153.101 4isg :40 raLMor Gfpt7 advep.st Wet Mkt .vaz • et ,4aiug .411' si10■0101 140.• : tO141: • • ,••• • • , • . . • • toq.tki - with • it**. *1; • RECEIVED MAR 2 3 2007 19Z6 b IrrsCiliain; Pep* fri*t �.f ar . . . for,. ioil•-.reik. it - -Ail - let 1940 s o - . . • 20021127001853 Branch :GOK,User :BLOE AFTER RECORDING RETURN TO BANK OF AMERICA, N A Northwest CLSC Real Estate 800 Fifth Avenue, 37th Floor Seattle, WA 98104 Attentron Sonia Nelson LEGAL DESCRIPTION Loan No 3142783 Comment: i DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING KING,WA Page 1 of 11 Document: 2002.1127001853 OLD REPUBLIC T DT 87 ® V�� 21/27/2002 11 KING COUNTY, IJA i WASHINGTON STATE COUNTY AUDITOR'S/RECORDER'S INFORMATION (RCW 65 04) GRANTOR FAMILY FUN CENTERS, TUKWILA LLC GRANTEE BANK OF AMERICA, N A aag9s7�g ABBREVIATED PORTION OF GOVERNMENT LOTS 8 AN f0, AND THE WEST HALF OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W M , AND OF VACATED BLOCKS 12 THROUGH 15, INCLUSIVE, AND THE STREETS ADJOINING, GUNDAKER'S INTERURBAN ADDITION TO SEATTLE [FOR THE FULL LEGAL DESCRIPTION SEE EXHIBIT "A" TO THIS DOCUMENT) ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S) 242304 - 9063 -06 THIS DEED OF TRUST is granted as of October 29, 2002, by FAMILY FUN CENTERS, TUKWILA LLC, a Washington limited liability company ( "Grantor") the address of which is 7300 Fun Center Way, Tukwila, WA 98188, to PRLAP, Inc ('Trustee "), the address of which is 800 Fifth Avenue, 13th Floor, Seattle, WA 98104, in trust for BANK OF AMERICA, N A ( "Bank ") the address of which is 800 Fifth Avenue, 37th Floor, Seattle, WA 98104, Attention Northwest CLSC Real Estate, and is made with reference to the Borrowing Agreement of even date herewith between Grantor and Bank (the "Agreement") Grantor agrees as follows 1 CONVEYANCE Grantor hereby irrevocably grants, bargains, sells and conveys to Trustee, in trust, with power of sale, all of Grantor's right, title and interest in the real property legally descnbed in Exhibit A attached ( "Property "), whether now owned or later acquired by Grantor, together with all other property described in the Exhibit B attached This Deed of Trust also constitutes a security agreement under the Uniform Commercial Code (as adopted in the State of Washington) granting to • Bank a security interest in the property, both tangible and intangible, described in this paragraph and in the exhibits, to the extent such property shall be deemed to be personal property or fixtures Grantor represents and warrants to Bank that THE REAL PROPERTY Deed of Trust (Rev 7/31/98) aws/0334/huish dot Station Id :EGUI PECEIv MAR 23100I OEO AT Printed on 2/13/2007 7:22:28 AM Branch :GOK,User :BLOE Comment: Station Id :EGUI CONVEYED BY THIS DEED OF TRUST IS NOT USED PRINCIPALLY FOR AGRICULTURAL PURPOSES 2 ASSIGNMENT OF RENTS (a) Assignment Grantor further assigns to Bank all of Grantor's interest in all existing and future leases, licenses and other agreements for the use or occupancy of the Property ( "Contracts "), including the immediate and continuing nght to collect, in either Grantor's or Bank's name, all rents, receipts, income, accounts and other payments due or to become due under the Contracts ( "Payments ") As long as there is no default under the Agreement or this Deed of Trust, Grantor is granted a license to collect the Payments, but such license shall not constitute Bank's consent to Grantor's use of the Payments in any bankruptcy proceeding (b) Disclaimer Nothing contained in this Deed of Trust shall be construed as obligating Bank or any receiver to take any action to enforce any provision of the Contracts, expend any money, incur any expense or perform any obligation under the Contracts Bank's duties are expressly limited to giving of proper credit for all Payments received by it 3 SECURED OBLIGATIONS This Deed of Trust secures performance of (i) each agreement of Grantor contained in the Agreement and/or this Deed of Trust (but does not secure the independent Hazardous Substances and Building Law Compliance indemnities in the Agreement), (ii) payment of the sum of $6,250,000 00 with interest thereon according to the terms of the Agreement, (iii) payment and performance obligations of Grantor (or of the obligor under the Agreement, if different from Grantor) under any one or more interest rate swap transactions, forward rn rate transactions, interest rate cap, floor, or collar transactions, swaptions, bond and bond pnce swaps, options or forwards, treasury locks, any similar transaction, any option to enter into any of the m foregoing and any combination of the foregoing, with Bank, whether now existing or hereafter entered into including, without limitation, any master agreement relating to or governing any or all of the c , foregoing and any related schedules or confirmations, and in which this Deed of Trust is expressly referenced as a credit support document (each, a "Swap Contract ") and (iv) all other existing and cv future obligations of Grantor to Bank if the existing or future obligation by its terms states that it is secured by this Deed of Trust (collectively the "Secured Obligations "), including all renewals, modifications and extensions thereof and substitutions therefor, it being the express intent of ti Grantor and Bank that this Deed of Trust and the estate held by Trustee hereunder shall continue in • o effect notwithstanding that from time- to-time no Secured Obligations of Grantor to Bank may exist, N and shall survive as secunty for all new or additional Secured Obligations of Grantor to Bank from time- to-time ansing Nothing contained in this Deed of Trust shall be construed as obligating Bank to make any future advance to Grantor THE AGREEMENT MAY CONTAIN PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE, PAYMENT TERMS OR BALANCE DUE TO BE INDEXED, ADJUSTED, RENEWED OR RENEGOTIATED 4 AFFIRMATIVE COVENANTS Grantor shall, unless waived in writing by Bank (a) Maintenance of Property and Title Maintain and preserve the Property in good condition and repair, and not commit or permit any waste thereof, complete any improvement which may be constructed on the Property, restore any improvement which may be damaged or destroyed, and maintain the Property free and clear of all liens and encumbrances other than any lien for taxes or assessments not delinquent Failure to maintain and preserve the Property in good condition and repair shall constitute 'Haste" by the Grantor as that term is used in R C W 61 24 100 (b) Compliance with Laws Comply with all laws, ordinances, regulations, covenants, conditions and restnctions affecting the Property, Deed of Trust (Rev 7/31198) KING,WA Document: 2002.1127001853 - aws/0334ihussh dot Page 2 of 11 Printed on 2/13/2007 7:22:29 AM Branch :GOK,User :BLOE KING,WA Document: 2002.1 127001853 Comment: Station Id :EGU1 (c) Real Estate Interests Perform all obligations to be performed by Grantor under the Contracts, (d) Payment of Debts and Taxes Pay promptly all obligations secured by the Property, all taxes, assessments and governmental liens or charges levied against the Property, and all claims for labor, materials, supplies or otherwise which, if unpaid, might become a lien or charge upon the Property If required by Bank and at the time of making each payment to Bank under the Agreement, Grantor shall deposit into a non- interest- beanng reserve account with Bank, hereby pledged to Bank as security for the Secured Obligations, a sum estimated by Bank sufficient to pay when due taxes and assessments on the Property and premiums on required insurance, (e) Insurance (i) Casualty Insure continuously with premiums prepaid, with financially sound and reputable insurers acceptable to Bank, all improvements on the Property against all risks, casualties and losses through standard fire and extended coverage insurance or otherwise, including, without limitation, insurance against fire, theft, casualty, vandalism, loss of rents and business interruption and any other risk Bank may reasonably request The insurance policies shall be in an aggregate amount of not less than the full replacement cost of all improvements on the Property, including the cost of demolition and removal of debns, and shall name Bank as loss payee under a lender loss payable endorsement in form satisfactory to Bank All deductibles shall be in amounts acceptable to Bank The amounts collected under the insurance policies may be applied to the Secured Obligations in any manner as Bank determines, and such application shall not cause discontinuance of any proceeding to foreclose upon this Deed of Trust In the event of foreclosure, all of Grantor's rights in the insurance policies shall pass to purchaser at the foreclosure sale, (ii) Flood Obtain flood insurance if the Property is located in a designated flood hazard area (as determined by Bank, with such determination to be made at Grantor's expense) and where federally subsidized flood insurance is available (iii) Liability Maintain comprehensive general public liability insurance insunng against liability from nsks associated with the use, ownership and operation of the property (iv) ytle Provide to Bank an A L T A (1992 form) form of lender's extended coverage title insurance for the full amount of Bank's commitment under the Agreement insuring the first lien pnority of this Deed of Trust, subject only to such exceptions as may be permitted by Bank, in writing Such policy shall be issued by a title company acceptable to Bank The policy shall contain such endorsements as Bank may reasonably request (f) Hazardous Waste Notify Bank within 24 hours of any release of a reportable quantity of any Hazardous Substance, or of the receipt by Grantor of any notice, order or communication from any governmental authority which relates to the existence or potential for environmental pollution of any kind existing on the Property, or results from the use of the Property or any surrounding property Grantor shall indemnify, defend and hold Bank and its successors and assigns harmless from and against any and all claims, demands, penalties, fees, liens, damages, losses, expenses, and liabilities arising out of or in any way connected with any alleged or actual past or future presence on or under the Property of any Hazardous Substance from any cause whatsoever, it being intended that Deed of Trust (Rev 7/31/98) -3- aws/0334 /huish dot Page 3 of 11 Printed on 2/13/2007 7:22:30 AM Branch :GOK,User :BLOE ti Comment: Station Id :EGU1 Grantor shall be stnctly and absolutely liable to Bank without regard to any fault by Grantor, provided that this indemnification shall not apply to any Hazardous Substances which originated on or under the Property after the date Bank or any third party acquires fee title to the Property by foreclosure or deed in lieu of foreclosure "Hazardous Substances' shall mean any substance or material which may be hazardous to the health or safety of any person, including without limitation any substance or matenal which is now or hereafter becomes regulated under any federal, state, or local statute, ordinance, rule, regulation or other law relating to environmental protection, contamination or cleanup, and (g) Site Visits, Observation and Testing Permit Bank and its agents and representatives, at any reasonable time, to enter and visit the Property for the purpose of performing appraisals and/or inspecting the Property, taking and removing soil, groundwater and other samples, and conducting tests on any part of the Property Grantor agrees that Bank neither has nor undertakes any duty or obligation to examine or inspect the Property, and that any inspection by Bank is solely for the purpose of protecting its security and its nghts under this Deed of Trust If Bank believes it has an obligation to disclose any report or findings made as a result of its inspection of the Property, then Bank may make such disclosure (h) Costs and Expenses Pay, reimburse and indemnify Bank for all of Bank's reasonable costs and expenses incurred in connection with the enforcement of Bank's rights and Grantor's obligations under this Deed of Trust, foreclosing upon this Deed of Trust, defending any action or proceeding purporting to affect the nghts or duties of Bank or Trustee under this Deed of Trust, or managing the Property and collecting the Payments, including, without limitation, all reasonable attorneys' fees and value of the services of staff counsel, legal expenses, collection costs, costs of title search, and trustee's and receiver's fees 5 NEGATIVE COVENANTS Grantor shall not, without Bank's prior written consent (a) Payments Accept or collect Payments more than one month in advance of the due date, (b) Contracts Terminate, modify or amend any provision of the Contracts or enter into a Contract with a term, including options or renewal rights, of more than 3 years and/or containing an option to purchase, (c) Use Change the present use or intended use of the Property, or scope of the development or improvements of the Property, or permit or consent to any restriction that would prevent or otherwise impair the use or development of the Property, or permit thereon the generation, processing, storage or disposal of any Hazardous Substance, or (d) Restrictions on Conveyances Cause, permit or allow the transfer, conveyance or encumbrance of the Property or of any interest in the Property, or the transfer of any interest in the Grantor, whether voluntary, involuntary or by operation of law 6 EMINENT DOMAIN In the event any portion of the Property is taken through eminent domain, the amount of the award to which Grantor is entitled shall be applied to the Secured Obligations 7 PROTECTION OF BANK'S INTEREST If Grantor shall fail to pay any amounts which may become a lien on the Property, pursuant to Section 4 (d), or fail to maintain adequate insurance on the Property, as required by Section 4 (e), Bank may at its sole option pay such obligations and /or obtain such insurance 8 ADDITIONS TO SECURED OBLIGATIONS Any payments required under Sections 4 (d), 4 (e), 4 (f), 4 (g) or 4 (h), but not made when demanded, shall immediately be Deed of Trust (Rev 7/31/98) -4- aws/0334/hursh dot KING,WA Page 4 of 11 Printed on 2/13/2007 7:22:31 AM Document: 2002.1127001853 Branch :GOK,User :BLOE . • Deed of Trust (Rev 7/31/98) KING,WA Document: 2002.1 127001853 Comment: Station Id :EGUI deemed added to the Secured Obligations, and shall accrue interest at the highest rate of interest accruing from time to time under the Secured Obligations 9 RECONVEYANCE Trustee shall reconvey such portion of the Property to the person entitled thereto upon written request of Bank, or upon satisfaction of the Secured Obligations and written request for reconveyance made by Bank or any person interested in the Property, accompanied by Trustee's standard reconveyance fee, which fee shall be Grantor's obligation 10 SUCCESSOR TRUSTEE In the event of death, incapacity, disability, dissolution, resignation or refusal to act by the Trustee, Bank may appoint a successor trustee and, upon the recording of such appointment in the records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original Trustee 11 EVENTS OF DEFAULT The occurrence of any of the following events shall, at Bank's option, and at any time without regard to any previous knowledge on Bank's part, constitute a default under the terns of this Deed of Trust, the Agreement, the Secured Obligations, and all related loan documents (a) Non - payment of Principal or Interest Any payment of pnncipal or interest on the Secured Obligations is not made when due, or (b) Failure to Perform Any tax, assessment, insurance premium, lien, encumbrance or other charge against the Property is not paid when due, or any other term, covenant or agreement of Grantor contained in this Deed of Trust, the Agreement, or in any other document with Bank, or in which Grantor grants a security interest in the Property, is not promptly performed or satisfied 12 REMEDIES UPON DEFAULT If any default occurs and is continuing, and subject to any applicable notice and cure period provided for in the Agreement, Bank may, at its option (a) Terminate Commitment Terminate any outstanding and unfulfilled commitment to Grantor, (b) Accelerate Declare any or all of the Secured Obligations, together with all accrued interest, to be immediately due and payable without presentment, demand, protest or notice of any kind, all of which are expressly waived by Grantor, (c) Payments Pay such sums as may be necessary to obtain a current appraisal, to inspect and test the Property, and to pay any tax, assessment, insurance premium, lien, encumbrance or other charge against the Property, all without prejudice to Bank's right to accelerate the Secured Obligations and foreclose upon this Deed of Trust Grantor shall reimburse Bank upon demand, for all such amounts paid by Bank, with interest thereon from the date of such payment at the highest rate that is, from time to time, applicable on any of the Secured Obligations All unreimbursed amounts shall be added to and become a part of the Secured Obligations, (d) Collection of Payments Terminate the license granted to Grantor to collect the Payments, take possession of, manage and operate the Properly under the terms of the Contracts, and demand and collect all Payments, including endorsing in the name of Grantor any check, draft or other instrument given as payment, either by itself or through an agent or judicially- appointed receiver The Payments shall be applied first to payment of the costs of managing the Property and collecting the Payments, and then to the Secured Obligations, (e) Trustee's Sale Direct the Trustee, upon written request, to sell the Property and apply the sale proceeds in accordance with Washington's Deed of Trust Act -5- aws/0334/huish dot Page 5 of 11 Printed on 2/13/2007 7:22:31 AM Branch :GOK,User :BLOE v, try (f) Other Remedies Pursue all other available legal and equitable remedies, including, without limitation, foreclosing upon this Deed of Trust as a mortgage Grantor expressly waives any defense or right, in any action or proceeding in connection with the Secured Obligations, that Bank must first resort to any other security or person 13 FIXTURE FILING This Deed of Trust also constitutes a fixture filing financing statement pursuant to the Uniform Commercial Code of the State of Washington and RCW 62A 9A- 502(c) The Grantor is the Debtor, the Bank is the Secured Party, and their respective addresses for the purpose of this fixture filing and the giving of any notice under or in connection with this Deed of Trust is as first stated above The mailing address of the Bank is as shown at the top of this Deed of Trust Grantor's Organizational Number is /,601909362 This fixture financing statement covers items of property which are or are to become fixtures with respect to the real property descnbed in Exhibit A hereto 14 WAIVER No waiver by Bank of any deviation by Grantor from full performance of this Deed of Trust or the Secured Obligations, as the case may be, shalt constitute a waiver of Bank's nght to require prompt payment or to assert any other right or remedy provided for in this Deed of Trust or the Secured Obligations on the basis of the same or similar failure to perform 15 SUCCESSORS/APPLICABLE LAW This Deed of Trust shall be binding upon the Grantor and the Grantor's successors and assigns If there Is more than one Grantor, then the obligations of each Grantor shall be joint and several The enforcement of this Deed of Trust and Bank's rights hereunder shall be governed by and construed in accordance with the laws of the State of Washington FAMILY FUN CENTERS, TUKWILA LLC (RCW §61 24 010, of seq) Any person, except Trustee, may bid at the Trustee's sale, and Deed of Trust (Rev 7/31/98) KING,WA Document: 2002.1127001853 Comment: Station Id :EGU1 -6- aws/03341hu sh dot Page 6 of 11 Printed on 2/13/2007 7:22:32 AM Branch :GOK,User :BLOE N N STATE OF WASHINGTON COUNTY OF �/7 Comment: Station Id :EGUI I certify that I know or have satisfactory evidence that S OT is/A is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authonzed to execute the instrument and acknowledge it as the of Family Fun Centers, Tukwila LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated // /6/02- - ;A 2 . f WC4 ; •• x A F y � O r (li 4/ IP .�'y U9 • p !OW * ti: ° ''.� F WAS , EQUEST FOR FULL RECONVEYANCE To be used only when all obligations have been paid under the Borrowing Agreement and this Deed of Trust TO TRUSTEE �•o Q The undersigned is the legal owner and holder of the Borrowing Agreement and the obligations secured by this Deed of Trust All obligations under the Borrowing Agreement and this Deed of Trust have been paid or otherwise satisfied and you are hereby requested and directed to n reconvey, without warranty, to the person or persons entitled thereto, all of the estate now held by you hereunder N • - Dated Mail reconveyance to Deed of Trust (Rev 7131/98) (Print Notary Names' nXf 1- X4 Notary Public in and for te State of Washington residing at .rte i++� (' My appointment expires ,3 /..),VAC - aws/0334/hwsh dot KING,WA Page 7 of 11 Printed on 2/13/2007 7:22:33 AM Document: 2002.1127001853 Branch :GOK,User :BLOE LEGAL DESCRIPTION KING, WA Document: 2002.1127001853 Deed of Trust (Rev 7/31/98) E)G-IIBIT B Comment: ', Station Id :EGUI EXHIBIT A EXHIBIT A ATTACHED TO AND FORMING A PART OF THAT DEED OF TRUST DATED OCTOBER 29, 2002, GIVEN BY FAMILY FUN CENTERS, TUKWILA LLC, AS GRANTOR That portion of the West half of Section 24, Township 23 North, Range 4 East, W M , in King County, Washington, being more particularly described as follows Commencing at the intersection of the 2M -Line of Primary State Highway No 1, Green River Interchange, all as conveyed to or condemned by the State of Washington by Deeds recorded under King County Recording Nos 5499612, 5507291, 5510773, 5503778, 5536582, and proceedings under King County Superior Court Cause No 596089, STA POC (2M) 134+28 58, with the A -Line, STA POT (A) 102+82 12, as shown on that certain map on file with the State of Washington Department of Transportation labeled SR 405 Green River Interchange Right -of -way STA 99 +00 to STA 120 +00, Sheet 2 of 2, approval date of January 30, 1962, with last revision date of December 31, 1992, THENCE North 42°30'02" East along the centerline of said A -Line, 88 55 feet to STA 103 +70 67 of said A -Line, THENCE North 47°29'58" West, 60 00 feet to a point on the Northerly right -of -way of said Primary State Highway No 1, said Point being the beginning of a curve UN concave to the South, whose radius point bears South 47°30'02" West, 163 00 feet distant, THENCE Northerly, Easterly and Southerly along said Right -of -way, on the arc of said Curve through a central angle of 87°3423" a distance of 24913 feet to the True Point of Beginning, N THENCE continuing on the arc of said Curve through a central angle of 1°22'20" a distance of 3 feet to a point opposite STA PT (A) 105+30 55 of said A -Line, and 60 feet distant, THENCE continuing along the Northeasterly and Northerly right -of -way of said A- ° a Line the following courses and distances CN' South 48°33'18" East 115 79 feet, THENCE North 81°24'26" East, 106 02 feet, THENCE South 08°35'34" East, 60 00 feet, THENCE South 17 °41'53" West, 29 84 feet to the beginning of a non - tangent curve concave to the North, whose radius point bears North 17 °41'53" East, 182 00 feet distant, THENCE Easterly along the arc of said Curve through a central angle of 21°38'15" a distance of 68 73 feet, THENCE North 66 °5845" East, 152 75 feet, THENCE South 23°01'15" East, 2000 feet to a point on the Northwesterly right -of- way of Secondary State Highway No 1 -L (formerly known as the Black River Junction- Renton Road No 1193) as conveyed to King County by Deed recorded under King County Recording No 2919485, THENCE North 66 °58'45" East along said Northwesterly Right -of -way, 482 07 feet to its intersection with the West margin of the 100 -foot nght -of -way conveyed to Chicago, Milwaukee and St Paul Railway Company by Deed recorded under King County Recording Was 453942 and 995370, -1- aws/0334/huish dot Page 8 of 11 Printed on 2/13/2007 7:22:34 AM Branch :GOK,User :BLOE c:, cr N p n! KING, WA Document: 2002.1127001853 THENCE Northerly along said West Margin and said West Margin extended Northwesterly parallel to the centerline of said Railroad to its intersection with the Easterly extension of the boundary line as established by King County Superior Court Cause No 725392, THENCE South 48 °14'49" West along said Boundary Line Extension, 134 07 feet to its intersection with a line that Iles 200 feet Southwesterly of and parallel with the centerline of the Northern Pacific Railway, THENCE North 33 °54'49" West along said Parallel Line, 26 08 feet, to its point of intersection with the ordinary high water line of the Green (White) River, as it was mapped by Barghausen Consulting Engineers, Inc on August 11, 1997, THENCE along the ordinary high water line of said River the following courses and distances South 55°20'00" West, 51 46 feet, THENCE South 77°30'00" West, 55 00 feet, THENCE South 74°00'00" West, 50 00 feet, THENCE South 77°30'00" West, 51 55 feet, THENCE leaving said Ordinary High Water Line and beanng South 17°22'51" East, 105 07 feet, THENCE North 69 °51'38" East, 24 62 feet, THENCE South 20°08'22" East, 44 35 feet, THENCE South 48 °58'55" East, 20 06 feet, THENCE South 17 °49'32" East, 49 22 feet, THENCE South 17°03'48 West, 53 44 feet, THENCE South 53 °52'52" West, 93 41 feet, THENCE South 33 °14'15' East, 2564 feet, THENCE South 54 °43'56" West, 207 60 feet, THENCE South 65°34'09" West, 14944 feet, THENCE South 24°09'32' West, 41 99 feet to the Point of Beginning, (BEING KNOWN AS Adjusted Parcel 3 of Boundary Line Adjustment No L98- 0028, recorded under Recording No 9806309017) ALL SITUATE in the County of King, State of Washington Deed of Trust (Rev 7/31/98) EXHIBIT B Comment: Station Id :EGU1 .2_ awsro334nwrsh dot Page 9 of]] Printed on 2/13/2007 7:22:35 AM Branch :GOK,User :BLOE Comment: Station Id :EGUI EXHIBIT B EXHIBIT B ATTACHED TO AND FORMING A PART OF THAT DEED OF TRUST DATED OCTOBER 29, 2002, GIVEN BY FAMILY FUN CENTERS, TUKWILA LLC, AS GRANTOR ADDITIONAL PROPERTY 1 All buildings, structures, improvements, fixtures, equipment and machinery and property now or hereafter attached to or used in connection with the use, occupancy or operation of the real property described in Exhibit A attached (which real property, together with the improvements thereon, are referred to in this Exhibit B as the "Property") including, but not limited to, heating and incinerating apparatus and equipment, boilers, engines, motors, generating equipment, telephone and other communication systems, piping and plumbing fixtures, ranges, cooking apparatus and mechanical kitchen equipment, refngerators, cooling, ventilating, sprinkling and vacuum cleaning systems, fire extinguishing apparatus, gas and electnc fixtures, imgation equipment, carpeting, underpadding, elevators, escalators, partitions, mantles, built -in mirrors, window shades, blinds, screens, storm sash, awnings, furnishings of public spaces, halls and lobbies, and shrubbery and plants 2 All rents, issues and profits of the Property, all existing and future leases of the Property (including extensions, renewals and subleases), all agreements for use and occupancy of the Property (all such leases and agreements whether written or oral, are hereafter referred to as the 'Leases "), and all guaranties of lessees' performance under the Leases, together with the immediate and continuing right to collect and receive all of the rents, income, receipts, revenues, issues, profits and other income of any nature now or hereafter due (including any income of any Q nature corning due during any redemption penod) under the Leases or from or arising out of the n Property including minimum rents, additional rents, percentage rents, parking or common area cv maintenance contnbutions, tax and insurance contributions, deficiency rents, liquidated damages ... following default in any Lease, all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by destruction or damage to the Property, all proceeds payable as a result of exercise of an option to purchase the Property, all proceeds derived from the • o termination or rejection of any Lease in a bankruptcy or other insolvency proceeding, all security cv deposits or other deposits for the performance of any lessee's obligations under the Leases, and all proceeds from any nghts and claims of any kind which Grantor may have against any lessee under the Leases or any occupants of the Property 3 All furniture, furnishings, appliances, machinery, vehicles, equipment and all other property of any kind now or hereafter located on the Property, used or intended to be used on the Property wherever actually located or purchased with the proceeds of the Borrowing Agreement secured hereby (the "Note"), and all nghts of Grantor as lessee of any property described herein 4 All compensation, awards, damages, rights of action and proceeds (including insurance proceeds and any interest on any of the foregoing) arising out of or relating to a taking or damaging of the Property by reason of any public or private improvement, condemnation proceeding (including change of grade), fire, earthquake or other casualty, injury or decrease in the value of the Property 5 All returned premiums or other payments on any insurance policies pertaining to the Property and any refunds or rebates of taxes or assessments on the Property 6 All rights to the payment of money, accounts receivable, deferred payments, refunds, cost savings, payments and deposits, whether now or later to be received from third parties (including all utility deposits), architectural and engineering plans, specifications and drawings, KING,WA Document: 2002.1127001853 Deed of Trust (Rev 7/31/98) EXHIBIT B .1- aws/O334/hursh dot Page 10 of 11 Printed on 2/13/2007 7:22:36 AM Branch :GOK,User :BLOE Comment: Station Id :EGU contract rights, governmental permits and licenses, and agreements and purchase orders which pertain to or are incidental to the design or construction of any improvements on the Property, Grantor's rights under any payment, performance, or other bond in connection with construction of Improvements on the Property, and all construction materials, supplies, and equipment delivered to the Property or intended to be used in connection with the construction of improvements on the Property wherever actually located 7 All contracts and agreements pertaining to or affecting the Property including, but not limited to, management, operating and franchise agreements, licenses, trade names and trademarks 8 The proceeds of the loan (the "Loan ") evidenced by the Note, whether disbursed or not, any account into which Loan proceeds are deposited, and Grantor's own funds now or later held on deposit as equity funds or for payment of bills relating to the Property 9 All loan commitments or other agreements, now or hereafter in existence, which will provide Grantor with proceeds to satisfy the obligations secured hereby and the right to receive the proceeds due under such commitments or agreements including refundable deposits and fees 10 All books and records pertaining to any and all of the Property and the other collateral descnbed above, including computer readable memory and any computer hardware or software necessary to access and process such memory 11 All additions, accessions, replacements, substitutions, proceeds and products of the collateral described herein Deed of Trust (Rev 7131/98) EkiIBIT B -2- aws/0334/hwsh dot KING,WA Page 11 of 11 Printed on 2/13/2007 7:22:37 AM Document: 2002.11270018 53 20040212000321 Branch :GOK,User :BLOE RETURN ADDRESS: Frontlet Bank Redmond 17000 Avondale Way NE PO Box 005 Redmond, WA 98073 -0508 DEED OF TRUST DATE: February 12, 2004 Reference I1 (it applicable). BEPM_1cx1793!TITLE NO 555202 Grantor(s). 1 H2 HOTEL, LLC Comment: III III II 2000321 Zi3 1 - 7 1E7) Ti FNI I1 Additional on page _ Grantee(s) 1 Frontier Bank 2 PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC., Trustee Legal Descnptlon. W 1/2 24 -23-04 Additional on page 2 Assessor's Tax ParcellDt• 242304- 9013 -07 THIS DEED OF TRUST Is dated February 12, 2004, among 142 HOTEL, LLC, WHICH ACQUIRED TITLE AS WHICH AND IS IDENTICAL WITH H2 HOTELS, LLC, whose address is 7200 FUN CENTER WAY, TUKWILA, WA 98188 (*Grantor"); Frontier Hank, whose mailing address Is Redmond, 17000 Avondale Way NE, PO Box 809, Redmond, WA 98073-0805 (referred to below sometimes as "Lender' and sometimes as "Beneficiary*); and PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC, whose malting address la 215 COLUMBIA STREET, SEATTLE, WA 98104 -1511 (referred to below as "T 3stee "). KING,WA Page 1 of 9 Document: 2004.0212000321 20040212000321.001 RECEIVED MAR 2 3 1001 COMMUNITY DEVELOPMENT Station Id :EGUI Printed on 2/13/2007 7:21:03 AM Branch :GOK,User :BLOE CONVEYANCE AND GRANT. For valuable consIderabon, Grantor conveys to Trustee in trust with power of ride, nghl of entry and possessron and to the benefit of Lender as Beneficiary, at d Grantor's light bite, and interest in and to the following described real properly, together with as =stag or oubsequentty steeled or affixed buddngs, undimmenb and fixtures, alt easements, rights of way, and appurtenances, at wafer, water rights and ditch rghls (including stock in ubbos with ditch or xrgabon rights), and as other rights, royalbs, and probe relating to the real p including without Imitation all minerals. od, gas, geothermal and similar matters, (the "Real Property") located In K County, State of Washington: See SEE DGiIBIT A, which Is attached to this Deed of Trust and made a part of this Deed of Trust as If fully set forth herein. The Real Property or Its address Is commonly known as 7200 FUN CENTER WAY, TUKWILA, WA 98188. The Real Property tax identification number Is 242304- 9013-07 Grantor hereby assigns as security to Lender, as of Grantor's rgM, bee, and interest in and to as leases, Ranh, end profits of the Properly The *segment is recorded in accordance with RCW 6508 070, the ken created by this assgnmend is intended to be specific, perfected and chaste upon the recording of this Deed d Trust Lender grants to Grantor a bceree to celled the Rents and profits, which license may be revoked at Lender's opbon and shall be automatic* revoked upon acceleration of at or part of the Indebtedness THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST THIS DEED OP TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS PAYMENT AND PERFORMANCE Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender at amounts secured by the Deed of Trust as they become due, and shall strictly and m a timely manna perform at of Granter's oblgabons under the Note, Ns Deed of Trust, and the Related Documents POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grenloes possession and use of the Property shall be governed by the following provisions Possession and Use. Until the occurrence of an Event d Default Grantor may (1) remain n possession and control of the Property, (2) use, operate or manage the Property, and (3) collect the Rents from the Properly (this prmlege is a incase from Lander to Grantor automatically revoked upon detail) The blowing prowmons relate to the use of the Property or to other Imitations on the Property The Real Property a not used pnnnpally for agrouhral purposes Duty to Mantes. Grantor shit maintain the Property wn tenantable condition and promptly perform at repels, replacements, and maintenance necessary to preserve its value Nuisance, Waste Grantor shit not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property Without Imulig the generality of the faregerg, Grantor we not remove, or grant to any other party the nghl to remove, any timber, numbs (including d and gas), cod, day, scam, sod, gravel or rock products without Lender's poor written consent Removal of Improvements. Grantor shal not demolish or remove any Improvements from the Reel Property without Lender's prior written consent Asa condition to the removal of any Improvements, s, Lander may receive Grantor to make arrangements satisfactory to Lender to replace such Improvement with Improvements of at least equal value Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Reel Property at all reasonable times to attend to Landers interests and to inspect the Real Properly for purposes of Grantor compliance with the terms and conditions of this Deed of Trust Compliance with Governmental Requirements. Grantor shat promptly comply, and shall promptly cause compliance by all agents, tenants or other persons or entities of every nature whatsoever who red, tease or otherwise use or occupy the Properly in any manner, with an laws, ordinances, and regulations, now or hereafter in effect of an governmental authorities applicable to the use or occupancy of the Ruweayy, including without krratabon, the A encans With Dnab bees Act Grantor may contest in good faith any such law, ord Ten ra, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing pica to doing so and so long as, in Lender's ado maroon, Lender's interests in the Properly are not Jeopardized Lender may require Grantor to post adequate security or a surely bond, reasonably satisfactory to Lender, to protect Lender's interest Duty lo Protect. Grantor addition to those ads eel faun above in this section, which from olharader and use of Property d other Y ere reasonably necessary to protect and preserve the Property Pr DUE ON SALE — CONSENT BY LENDER. Lender may, at Landers option, (A) declare anmedtslely due and payable d sums secured by to Deed of Trust or (B) mcreese the interest rate provided fo in the Note or other document evidencing the Indebtedness and impose such other conditions as Lender deems appropriate, upon the sate or bander, without Lenders prior written consent, of an or any part of the Real Property, or any interest in the Real Properly A lab a transfer means the conveyance or Red Property or any right, bee or awned in the Reel Property, whether legal, ban l:ad or equaeble, whether voluntary or involuntary, whether by outright eate, deed, nstallment sale contract, land contract, contract for deed, leasehold nterest with a term greater then three (3) years, lease -opbon contract, or by sale, assignment, or transfer of any beneficial interest in or to any tend trust holding fete lo the Real Property, or by any other method of conveyance of an interest in the Reel Properly U any Grantor is a corporaton, p rt nershp or bated tabby company, transfer also mamba any change in ownership of MOM than nuts, the case may be, of such percent Grantor However, option shat be eceresed by Lender if such es prohibited by federal law or by Was law TAXES AND LIENS The blowing provisions relating to the tans and bas on the Property are pat d the Deed of Trust Payment. Grantor shit pay when due (and in as events prior to dek quency) at taxes, special taxes, assessments, charges (uriudrg water and sewer), fines and unsrostbons levied against or on account of the Property, and shalt pay when due alt dams to wok done on or for seines rendered or maternal furnished to the Property Grantor shah maintain the Property free of all Zero having prang one or equal to the Interest of Lender under this Deed of Trust, accept for the ben of taxes and assessments not due and except as otherwise provided in the Deed at Trull Right to Contest Grantor may wdhhotd payment of any tax, assessment, or claim m connection with a good faith dispute over the obbgebon to pay, so tong as Laura's interest in the Property is not Jeopardized If a Len tunes or is bled as a result of nonpayment, Grantor shall within fifteen (15) days after the ben ass or. if a ben is bled, within fifteen (15) days after Granter has notice of the tiling, secure the discharge of the hems, or it requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisladay to Lender in an amount sufficient to KING,WA Document: 2004.0212000321 Comment: Station Id :EGUI DEED OF TRUST (Continued) Page 2 20040212000321.002 Page 2 of 9 Printed on 2/13/2007 7:21:03 AM Branch :GOK,User :BLOE DEED OF TRUST (Continued) Page 3 discharge the hen plus any costs and attorneys' fees, or other charges that could ecorue as a mutt of a to ectosure or sale under the hen In any contest, Grantor shall defend dead and Lender and shall satisy any adverse judgment before enforcement against the Property Grantor shalt name Lender as an additional obligee under any surety bond hrmshed in the contest proceedings Evidence of Payment Grantor shall upon demand arrive, to Lender satisfactory oedema of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lander at any time a wntten statement of the taxes and assessments agar st the Properly Notice of Construction Grantor shall notify Lender at least fifteen (16) days before any work is commenced, any services are !meshed, or any matinee are supplied to the Properly, If any mechanic's hen, male akren's hen. or other ben cold be asserted on account of the work, amass, or matareb Grantor vie upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and we pay the cod of such improvements PROPERTY DAMAGE INSURANCE The folowirg provsroro relating to insuring the Properly are a part of this Deed of Trust Maintenance of Insurance Grantor shell procure and maintain policies of ire insurance with standard eededed coverage endarsemenb on a replacement basis for the tut mumble value covering al Improvements on the Real Property in an amount sufficient to avoid apptcahon of any eamurance dross. and with a standard mortgagee dause in favor of Lender Grantor slid also procure and maintain comprehensive general habdty nerarce in such coverage amounts as Lender may request with Trustee and Leander tang named as additional insureds in such hadhty Insurance ponces Additionally. Grantor shad maintain such other aeearce, including but not Muted to hazard, business interruption, and boiler insurance. as Lander may reasonably require Polices shed be written in form, amounts. coverages and teas reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender Grantor. upon request of Lender, will deliver to Lender from lime to time the proms or centiecales of Insurance in form satisfactory to Lender, including stipulat ens that coverages will not be cancelled or drmmshed without at least thirty (30) days prior w nten notice to Lender Each insurance policy also shat include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default d Grantor or any other person Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as • special flood hazard area, Grantor agrees to obtain and maiden Federal Rood Insurance, it available, Whin 45 days after notice is gnen by Lender that the Property is located m a special flood hazard area, for the fell unpaid principal balance of the loan end any prior hens on the property secung the loan, up to the maemum policy hinds set under the National Flood Insurance Program, or as otherwise requned by Lender, and to maintain such insurance for the term of the loan Applicaton of Proceeds. Grantor shad promptly notify Lander of any loss or damage to the Property Lender may make proof of loss if Grantor fails to do so within Mfteen (15) days of the casualty Whether or not Lender's security is impaired, Larder may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the indebtedness, payment of any hen afeebng the Property, or the restoration and repair of the Property If Lender elects to apply the proceeds to restoration and repair. Grantor shad repair or replace the damaged or destroyed Improvements in a manner satisfactory te Lander Lender shat upon satisfactory proof of such expenditure. pay or reimburse Grantor from the proceeds for to reasonable cost of repar or restoration if Grantor is not in default wider the Deed of Trust Any proceeds which have not been disbursed within 180 days after their receipt and which Lander has not committed to the repair or restoration of the Property shall be used fast to pay any amount owing to Lander under the Deed of Tad, then to pay acaued interest, and the remainder. if any. shad be applied to the principal balance of the Indebtedness If Lender holds any proceeds after payment in furl of to Indebtedness, such proceeds shall be paid without interest to Grantor as Grantors dam* may appear Grantor's Report on Insurance. Upon request Of Lender, however not more than once a year. Grantor shall furnish to Lender a report on each mating policy of insurance showing (1) the name of the insurer, (2) the tales insured, (3) the amount of the policy, (4) the property awed, the then current replacement value of such property, and the manner of determining that value. and (5) the cordon dale of the poky Grantor shae upon request of Lender, have an independent appraiser sahsfactory to Lender determine the cash value replacement cost of the Properly LENDER'S EXPENDITURES. H any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision d the Dead of Tad or any Related Documents, ndudi g but not tended to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under the Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shat not be reheated to) take any action that Larder deems appropriate, including but not Smiled to discharging or paying al tams, bare, security interests, encumbrances end other damns, at any tune levied or placed on the Property and paying all oosb for esurrg, rtahnteumg and preserving the Property Al such expenditures maned or paid by Lender for such purposes w1 then bear interest at the rale charged under the Note from the date incurred or paid by Lander to the date of repayment by Grantor Al such a penses we become a pert of the Indebtedness and, at Lender's option, will (A) be payable on demand. (B) be added to the balance of the Note and be apportioned among and be payable with any instalment paymnerds to become due during either (1) the term of any applicable usuance policy, or (2) the remaining term of the Note, or (C) be treated as a balloon payment which will be due and payable at the Note's maturity The Deed of Trust also will secure payment of these amounts Such right and be in addition to al other nods and remedies to which Lender may be addled upon Default WARRANTY; DEFENSE OF TITLE The following provisions Mang to ownership of the Property are a part of the Deed of Trust Title Grantor warrants that (a) Grantor holds good and marketable Site of record to the Property in fee simple, free and dear of al hero and encumbrances other than Mesa set forth in the Real Property description or in any hula insurance pokey, See report, or final title opinion cued in favor of, and accepted by, Lender m oumadban with the Deed of Trust, and (b) Grantor has the lull right power, and authority to macula and deliver the Deed of Tact to Lender Defense of Tito. Subject to the exception in the paragraph above, Grantor warrants and we forever defend the de to the Property against the lawful dams of al persona In the event any action or proceeding is commenced that questions Grantor's Sea or the interest of Trustee or Lander under the Deed of That. Grantor shit defend the action at Ganhr'a expense Grantor may be the nominal parly on such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented n the proceeding by counsel of Lenders own choice, and Grantor we dslner, or cause to be delivered. to Lender such msbunents as Lander may request from lime to here to permit such participation Compliance With Lees. Grantor warrants that the Property and Grantor's use of the Property complies with all costing applicable laws, ordinances. and regulations of govemmenal authoress Survival of Representations and Warranties All representations, warranties, and agreements made by Grantor in the Deed of Trust shad survive the execution and delivery of this Deed of Trust, shall be continuing g m nature, and shall remain n furl farce and Oriel until such time as Granter's Indebtedness shall be paid in full CONDEMNATION The following provisions resting to condemnation proceedings are a part of this Deed of Trust Proceedings. It any proceeding in condemnation is fled, Grantor shad promptly notify Lander in writing, and Grantor KING,WA Document: 2004.02120003 21 Comment: Station Id :EGU1 20040212000321.003 Page 3 of 9 Printed on 2/13/2007 7:21:04 AM Branch :GOK,User :BLOE Comment: KING, WA Document: 2004.02120003 21 DEED OF TRUST (Continued) Page 4 shalt promptly take such steps as may be necessary to defend the action and obtain the award Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of as own choice an at Grader's wane, end Grantor wa deliver or cause to be deemed to Lender such nshvments and documentation as may be requested by Lender from time to time to permit such pe,bbon Application of Net Proceeds. If all or any part of the Property a condemned by eminent domain proceedings or by any proceeding or purchase in bee of condemnation, Lender may at its election rectum that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration d the Properly The net proceeds of the award shall mean the award eller payment of al reasonable costs, expenses, and attorneys' tees incurred by Trustee or Lender n connection with the condemnation IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUFHORMES. The following proasors relating to governmental taxes, fees and charges are a part of the Deed of Mel Current Taxes, Fees and Charges Upon request by Lender, Grantor shell execute such documents at Addison to gas Deed of Trust and take whatever other actions requested by Lender to perfect end continue Lender's hen on the Reel Properly Grantor shall reimburse Lander for at tines, as described below, together with at expenses incurred in recording, perfecting or continuing the Deed of Trust, including without timtation all taxes, fees, documentary stamps. and other charges for recording or registering to Deed of Trust Taxes. The following shall constitute taxes to which the section apples (1) a speedo tea upon this type d Deed of Trust or upon all or any pat of the Indebtedness secured by the Deed of Trust, (2) a smalo tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by the type of Deed of Trust, (3) a tax on this type of Deed of Tent chargeable against the Lender or the holder d the Note. end (4) a spealto fax on all or any portion of the Indebtedness or on payments of enamel and interest made by Grunter Subsequent Taxes N any tax to which the section applies is enacted subsequent to the date of the Deed d Trust, the event shell have the same effect as an Evart of Default, and Lender may mamas any or all of its avertable remedies for an Event of Default as provided below unless Grantor either (1) pays the tat bathe it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Lens section and deposits with Lender cash or a sediment corporate surety bond or other seemly satisfactory to Lender SECURITY AGREEMENT; FINANCING STATEMENTS. The flowing provisions relating to Was Deed of Trust as a security agreement we a part of the Deed of Trust Socially Agreement This instrument shag constitute a Security Agreement to the extent any of the Property constitutes fodues, and Lender anti have all of the rights of a secured party under the Uniform Commerce, Code as amended from time to time Socially Interest. Upon request by lender, Grantor seal execute financing statements and take whatever other action is requested by Lender to perfect end continue Lender's security mfaest in the Rents and Personal Properly In addition to recording the Deed of Trial in the reel properly records, Lender may, at any time and Whoa further autetmbon from Grantor, hie executed counterparts, copes or reproductions of the Deed of Tent as a dancing statement Grantor shal reimburse Lander for all expenses incurred m perfecting or manure this security interest Upon defeat, Grantor ahal not remove, sever or detach the Persona Property born the Property Upon defeat, Grantor shall assemble any Personal Property not abed to the Property at a manner and ale place reasonably movement to Grantor and Lender and make it evadable to Lender within three (3) days after receipt of written demand from Lender to the cadent permitted by applicable law Addresses The mailing addressee of Grantor (debtor) and Lender (secured party) from which rdamabon concerning ing the security interest granted by the Deed of Trust may be obtained (each as required by the lkstam Commercial Code) are as stated on the that page of the Deed of Trust FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and atto neyrn -tad are a part of this Deed of Trust Further Assurances. At any time, and from tins to time, upon request of Lender, Grantor w0 make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be fled, recorded. retied, or rerecorded. as the case may be, at such times and at such offices and places as Lender may deem appropriate, any and as such mortgages, deeds of bunt, security deeds, security agreements, financing statedenb, continuation statements, instruments of further assurarm, certificates. and other documents as may, in the site opinion of Lender, be necessary or degrade m order to effectuate, complete, perfect, continue. or preserve (1) Grantor's obtigatiote under We Note, the Deed of red, and the Related Documents. end (2) the bas and security interests created by the Deed of Trust as lit and prior bete on the Property, whether now owned or hereafter acquired by Grantor Unless prdebated by law or Lender agrees to the contrary in wehrg. Grantor shat reinMuse Lender for all costs and incenses moored n connection with the maths referred ton this paragraph Attorney- In-Fact If Garda fads to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name d Grander and at Grantor's repass For such purposes. Grantor hereby irrevocably appoints Lender as Grantor's attorney -intact for the purpose of mating, executing, delivering, fang, recording, and doing al other tarps as may be necessary or dateable. in Lender's sole oprreon, to aecomptsh the mailers relared to in the preceding paragraph FULL PERFORMANCE N Grantor pays all the Indebtedness when due, and otherwise ise performs all the Obligations unposed upon Grantor under this Deed of Trust. Lender shat thecae and delver to Trustee a request for full (*conveyance and shat execute and delver to Grantor suitable statements of termination of any Menem statement on tale evidencing Lender's securely interest in the Rants and We Personal Property My recorneyance fee shall be paid by Grantor, if pernetted by applicable taw The grantee in any reconveyance may be described as ths 'person or persons legally entitled thereto, arid the recited at the recorneyanee of any matters or Sects shall be conclusive proof of the truthfulness d any such matters or fact EVENTS OF DEFAULT. aid' of the folowing, at Landers option. shall constitute an Event of Default under I Deed of Trust Payment Default. Grantor fads to make any payment when due under the Indebtedness Other Defaults. Grantor fads to comply with or to perform any otter tam, obligation. covenant or cordton contend in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term. obligation, covenant or condition contained in any other agreement between Lender and Grantor Compliance Default. Failure to comply with any other term, obligation, covenant t or condition contained in the Deed of Trust, the Note or in any of the Related Documents If such a fedure is curable and if Grantor has not been given a notice of a breach of the same provision of the Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default wit have occurred) it Grantor, after Lender sends written notice demanding cure of such failure 20040212000321.004 Station Id :EGU1 Page 4 of 9 Printed on 2/13/2007 7:21:05 AM Branch :GOK,User :BLOE Comment: DEED OF TRUST (Continued) Page 5 (a) cures the failure within ten (10) days, or (b) if the cure requires more than ten (10) days, immediately nitates steps sufficient to cure the failure and thereafter continues and completes at reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical Default on Other Payments Failure of Grantor Whin the time requwed by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent fang of or to effect discharge of any hen Detaull hi Favor of Third Par1ea Should Grande delul under any loan, extension of credit, security agreement, any of Grantor's property G abddy�repa�y the in taw of Indebtedness may and ess perform then respective adgabonsunder the Deed of Trust or any of the Related Documents Fab* Statements Any warranty, representation or statement made or furnished to Lender by Grantor or on Granter's behalf under the Deed of Trust or the Related Documents is false or ineueadng m any material respect, ether now or at the bee made or furnished or becomes false or misleading at any time thereafter Defective Cote2eradffion This Deed of Trust or any of the Related Documents ceases to be in fire force and effect (including Inure d any collateral document to create a valid and perfected security interest or ten) at any time and for any reason Death or Insolvency. The dissolution of Grantor's (regardless of whether election to confine is made), any member wdtdraws from the mated bandy company, or any other termination of Grantor's existence as a going business or the death of any member, the insolvency of Grantor, the appo meant of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of crock workout, or the commencement of any proceeding under any bankruptcy or insolvency taws by or against Grantor Creditor or Forfeiture Proceedings. Commencement of foreclosure or Iodedwe proceedmps, whether by judicial proceeding, sell-help. repossession or any other method, by any creditor of Grantor or by any governmental agency against any property aeanng the Indebtedness This includes a garnishment of any of Grantor's accounts. ts, ndudng deposit accounts, with Lender However, the Event of Debug shag not apply if there a a good faith dispute by Grantor as to the validity or reasonableness of the Claim which is the base of the creditor or forfeiture proceeding and it Grantor gives Lender widen notice of the creditor or fondue proceeding and deposits with Lender manes a a suety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the depute Breech of Other Agreement Any breach by Grantor under the terms of any ober agreement between Grantor and Lender that a not remedied within any grace period provided therein, mduding without kmdahon any agreement concerning any indebtedness or other obligation of Grantor to lender, whether existing now or take Events Affecting Guarantor. Any d the preceding events scars with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes moor p tent. or revokes or disputes the validity of or hate* wider, any Guaranty of the Indebtedness In the evert d a death, Lender. at its option, may, but shall not be requred to, permit the Guarantor's estate to assume unconditionally y the obligations arising under the guaranty in a manner satisfactory to lender, and, in don g so, cure any Event of DaIse* Adverse Change A maternet adverse change occurs in Grantor's financial condition, or Lander behaves the prospect of payment or performance of the Indebtedness e unpaired Right to Cure. If such a failure is curable and if Grantor has not been given a notice of a breech of the same provision of this Deed of Trust when the preceding twelve (12) month sot d may be cured (and no Event of Default will have occurred) if Granter, after Lender sends written nice demanding ctre of such ladure (a) cures the failure within ten (10) days, or (b) it the cure resins more than ten (10) days, immerbatey retiahe steps sufficient to ere the Inure and thereafter continues and completes as reasonable and necessary steps sufficed to produce compliance as soon as ramonabN practical RIGHTS AND REMEDIES ON DEFAULT If an Event of Default occurs under the Deed of Trust, at any time thereafter. Trustee or Lander may exercise any one or more of the fdoveng netts and remedies Benton of Rem inaction by Lender to pursue any remedy shall not exclude mud of any other remedy, and an election to make ependitwes or to fake anon to perform an obligation of Grantor under has Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right lo declare a default and coarse its remedies Accelerate Indebtedness. Lender shall have the right at its option to declare the endue Indebtedness hmmereatey due and payable, including any prepayment penalty which Grantor would be required to pay Foreclosure With respect to all or any part of the Real Properly, the Trustee shall have the right to exercise its power of Sate and to foreclose by notice and sale, and Lender shat have the nght to foreclose by judicial foreclosure, to either case in accordance with and to the fN extent provided by eppteade law UCC Remedies With respect to all or any pert of the Personal Ropey, Lander shall have all the rights and remedies of a secured party wider the Urabrm Commercial Code Collect Rents Lender shall have the nght, without notice to Grantor to take possession of and manage the Property and collect the Rents, ncluding amounts past due and taped, and apply the net proceeds, over end above Lender's costs, against the Indebtedness In furtherance of the rght. Lender may require any tenant or other user of the Properly to make payments of rent or use lees drecty to Lander If the Reds one collected by Lads. then Grantor irrevocably designates Lends as Grantor's attorney-in-fact lo endorse i struments fenced in payment tiered In the name of Grantor and to negotiate the same and ceded the proceeds Payments by tenants or other users to Lender in response to Lender's demand shell satisfy the obligations for which the payments we made, whether or not any proper grounds for the demand existed Lender may exercise its rights under the subparagraph either n person, by agent, or through a receiver Appobd Receiver Lends shall have the light to have a receiver appointed to take possession n of ail or any pad of the Property, with the power to protect and preserve the Property, to operate the Property preceding or pending foreclosure or sale, and to cooed the Rants from the Properly and apply the proceeds, over and above the cost d the reoaveralnp, against the Indebtedness The reamer may save without bond if permitted by law Landers nod to the appointment of a receiver shall amt whether or not the apparent value of the Properly exceeds the Indebtedness by a substantial amount Employment by Lender anal not @squatty a person from serving as a recover Tenney at Sufferance. If Grantor remains m possession of the Property after the Property is add as provided above or Lender otherwise becomes entitled to possession of the Properly upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Properly and shall. at tender's option, either (1) pay a reasonable rental for the use of the Property. or (2) vacate the Property nmmedatey upon the demand of Lender Other Remedies Trustee or Lender shag have any other nght or remedy provided in this Deed of Trust or the Note or by law KING,WA Document: 2004.0212000321 20040212000321.005 Station Id :EGUI Page 5 of 9 Printed on 2/132007 7:21:06 AM Branch :GOK,User :BLOE Notice of Sale Lender that give Grantor reasonable notice of the tune and place of any pubbo sale of the Personal Property or of the tune after which any private sale or other intended disposition of the Personal Property is to be made Reasonable notice shed mean notice given at least ten (10) days betas the time of the sale or deposition Any sale of the Personal Property may be made in cayuneoon with any sale of the Real Property Sale of the Property To the extent permitted by applicable law. Granter hereby waives any and all rights to have the Property marshalled In exercising lb rights and remedies, the Trustee or Lender shat be free to set at or any pert of the Property together or ssparatay, in one sale or by separate sales Lender shag be entitled to bid at any public sale on as or any portion of the Properly Attorneys' Fees; lapenees tit Lender institutes any suit or anon to enforce any of the terms of the Deed of Trust. Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal Whether or net any court action is rnvoved, and to the extent not prohbdad by law, all reasonable expenses Lender moue that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shat become a part a the Indebtedness payable on demand and sties bear interest at the Note rate from the date of the expenditure until repaid Expenses covered by this paragraph =lade. Wheel kmndabon, however subject to arty bats under applicable law, Lender's fees and Lender's legal expenses, whether or not there e a !tweed. mduch g attorneys' fees and expenses for proceedings (including efforts to noddy or vacate any autor atn stay or injunction), appeals. and any enbapaled post-judgment collection senates, the dint of searching records, chimney title reports (inducting foreclosure reports), surveyors' reports, and appraisal fees, title issuance, and tees for the Trustee, to the extent perndted by apptrabt law Grantor also wt pay any court costs, in addition to all other sans provided by law Rights of Trustee Trustee shall have ell of the rights and duties of Lender as set forth in Iles section POWERS AND ODUGATIONS OF TRUSTEE The following provisons relating to the powers and cbbgabons of Trustee (pursuant to Lender's instructions) are part of this Deed of Trust Powers of Trustee In addition to all powers of Trustee slang as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request at Lender and Grantor (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the pbtio. (b) join in granting any easement or aeabng any restriction on the Real Property, and (c) join in any subodabon or other agreement affecting the Deed of Trust or the interest of Lender under the Deed of Trust ObngatIons to Notify. Trustee shall not be obligated to nobly any other party of a pending sale under any other to ist deed or ben, or of any action or pig n which Grantor. Lender, or Trustee shall be a party. unless ramrod by applicable law, or unless the action or proceeding is brought by Trustee Trustee. Trustee shat meet all qualifications reared for Trustee under applicable law In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee ahal have the right to foreclose by notice and sale, and Lender that have the right to foreclose by Judea! foreclosure. us ether case in accordance with and to the hull extent provided by applicable law Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded n the oteoe of the recorder of KING County, State of Washington The instrument shall contain. in addition to at other matters required by state law, the names of the original Lender. Trustee, and Grantor, the book and page or the Auditor's Fite Number where this Deed of Trust a recorded, and the name and address of the successor trustee. and the nutriment shall be executed and acknowledged by Lender or its successes in interest The successor trustee, without conveyance of the Property, shat succeed to all the Idle, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law Ths procedure for substitution of Trustee shat govern to the exclusion of all other provisions for substitution NOTICES. Subject to applicable law, and except for notice reposed or allowed by law to be wen in another manner, any notice required to be given under this Deed of Trudt including Whoa Imitation any nobs a detadt and any notice a sale shall be given in writing, and shat be elteeave when actually delivered, when actuary received by laefaca a (unless otherwise requred by law), when deposited with a nationally recognized overnight corer, or, it mailed, when deposited in the tinted States sad, as first Gass, certified or registered mad postage prepaid, deeded to the addresses shown near the beginning of this Deed of Trust Al copes of notices of foreclosure from the holder of any ben which has pnordy over this Deed of Trust shat be sent to Lenders s address, as shown near the beginning of this Deed of Trust Any party may change its address for notices under the Deed of That by gang formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address For notice purposes. Grantor agrees to keep Lender informed at at byres or Grantor's current address Subject to eppbcable taw, and except to notice requred or allowed by taw to be given in another manner, d there a more than one Grantor, any notice given by Lender to any Grantor a deemed to be notice given to all Grantors MISCELLANEOUS PROVISIONS, The Mowing ,rmcelareaa prowsions are a part of the Deed of Thal Amendments. The Deed of Tint, together with ay Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set lath in the Deed of Trust No anerabon of or amendment to an Deed of Trust shat be effective unless given in writing and signed by the party or padres wage to be charged or bound by the alteration or amendment Annual Reports If the Properly is used for purposes other than Grantor's residence, Grantor shell Mesh to Lander, upon request, a certified statement of net operating income received from the Properly during Grantor's previous fiscal year in such fore and detail as Lender shat require 'Nel operating income shall mean at cash receipts from the Property less at cash expenditures made in connection with the operation of the Properly Caption Readings Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or dolma the provisions a this Deed of Test KING,WA Document: 2004.0212 0003 21 Comment: Station Id :EGUI DEED OF TRUST (Continued) Page 6 Merger. There shall be no merger of the interest or estate created by the Deed of Trust with any other interest or estate in the Property at any time taut by or for the band of Lander in any capacity, without the written consent of Lender Governing Lae. This Deed of Trust will be governed by, construed and enforced hi accordance with federal law and the laws of the Slats of Washington. This Deed of Trust has been accepted by Lender In the Slate of Washington Choice of Venue If there is a lawsuit. Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of King County, Slate of Washington No Waiver by Lender. Lender shat not be deemed to have waived any rights under the Dead of Trust unless such waive n given in writing and seined by Lender No delay or omission on the par of Lender in exercise g any right shat operate as a waiver of such right or any other right A waiver by Lender of a provision of the Deed of Trust shat not prejudice or constitute a waiver of Lender's right otherwise to demand strait compliance with that provision or any other Page 6 of 9 20040212000321.006 Printed on 2/13/2007 7:21:06 AM Branch :GOK,User :BLOE Comment: DEED OF TRUST (Continued) Page 7 provion of this Deed of Trust No poor waiver by Lender, nor any course of dealing between Lander and Grantor, shall constitute a waiver of any of Lenders rights or of any d Grantor's obligations as to any future transactions Whenever the consent of Lender is required under the Deed of Trust, the granting of such consent by Lender m any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender Severabiby. If a court of competent r u sdrton finds any provision of this Deed at Trust to be illegal, invalid. or unenforceable as to any arcumslance, that Ending shall not make the offending provrnon Regal, rnvald, or unenforceable as to any other circumstance M feasible. the offending pennon that be considered meddled so that it becomes legal, valid and enforceable If the offending provision cannot be so modeled, a shall be considered deleted from this Deed of Trust Unless otherwise required by law, the illegality. unabdity, a uranbrceebdty of any proem d the Deed of Trust that not aged the legally, validity or enforceability of any other provision of the Deed d Trust Successors and Assigns Subject to any limitations slated m Has Deed of That on bander of Grantors nearest, this Deed of Trust shall be binding upon and inure to the benefit of the parts. thew successes and assigns M ownership of the Properly becomes vested in a person other than Grantor, tender, without nonce to Granter. may deal with Grantab successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or exteroon without releasing Grantor from the obligations of the Deed of That or heady under the Indebtedness Time is of the Essence. Time is of the essence in the performance of this Deed of Trust Waiver of Homestead Exemppttopnn Grantor hereby releases and wawa al nghb and benefits of the homestead exemption taws of the State of Washington as to at Indebtedness secured by this Deed of Trust DEFINMTMONS The following capitalized words and tame shall have the blowing meanings when used m the Deed of That Unless spedoaly stated to the contrary, e• r feranes to dollar amounts stall mean amounts in lawful money of the United States of Amenca Words end terms used in the singular shag mdude the plural, and the plural shal include the annular, as the coded may require Words and terms not otherwise defined in the Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code Benetbtary The word'9aaSaary' means frontier Sank, and its successors and assigns Borrower The word "Borrower means H2 HOTEL. U.0 and Includes all co -agree and co- makers signing the Note Deed of Trost. The words 'Deed of Thar mean this Deed of Trust among Grantor, Lander. and Trustee, and i dudes without knutahon at assignment and sooty interest provisions relating to the Personal Property and Rents Default. The word 'Default' means the Default sat forth in this Deed of Trust in the section Idled Meted' Event of Default The words 'Event of Default' mean any of the events of delaul eel bib in the Deed of Trust in to events of default section of this Deed of Trust Grantor The word'lGrantar means 112 NOTE.. LLC Guarantor. The word 'Guarantor' means any guarantor, surely, or accommodation party of any or all of the Indebtedness Guaranty The wad 'Guaranty' means the guaranty from Guarantor to Lender. mdudrg without t krndetron a guaranty of all or part of the Note Improvements The word Improvements' means at meting and future improvements, buidngs, structures, mobde hares affixed on the Real Property, tacdhes. additions, replacemerde and other coraktw'hon on this Real Property Indebtedness The word Indebtedness' means at =opal, interest, end other amounts, costs and expenses payable wider the Nob or Related Documents, together with at renewals of, elderisens of, modlcakors of, consolidations of and substtubc s for the Note or Related Documents and any amounts spaded or advanced by tender to discharge Grantor's abkgabons or mpensa escwred by Trustee or Lender to enforce Grardor's obligations under the Deed d Trust, together with interest on such amounts as provided in this Deed of Trust Lender. The word "Lender" means Frontier Bank its successors and assigns Note. The word 'Note" means the promissory note dated February 12, 2004, In the original principal amount of 35, 600, 000.00 from Granter to Lender, together with at renewals of, eudensimns of, modifications of, refinancings o, casohdabaa of, and substitutions for the promissory note or agreement NOTICE TO GRANTOR THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property The words 'Personal Property' mean al equipment fodwes, and other attdes d personal propey now or hereafter owned by Grantor, end now or hereafter attached or al®oed to the Reel Property, together with all accession% part, and additions to, at replacements d. and an substitutions for, any of such properly, and together with al issues and profits thereon and proceeds (including without t limitation all insurance proceeds and refunds of premiums) from any sale or other depcatron of the Property Property. The word 'Property' means ooaecbvey the Red Property end the Personal Property Red Property The words 'Real Property' mean the reel properly, mtaesb and rights, as further descried in the Deed of Trust Related Documents. The words 'Added Documents' man as promissory nobs, pelt agreements, loan egreerteu%, guaranies, sec rdy agreements. mortgages, deeds of trust, seamy deeds, collateral mortgages, sort all other Instruments, agreements and documents. whether now or hereafter meting, matted m connection with the Indebtedness, provided, that the envuonmentat indemnity agreements are not 'Related Documents' and are not secured by the Deed of Trust Rents. The word 'Rents' means at present and future rents, revenues, income, sores, royalties, profits, and other benefits derived from the Properly Trustee. The word Testa" means PACIFIC NORTHWEST TITLE COMPANY OF WASy9NGTON. INC . whose maize address is 216 COLUMBIA STREET, SEATTLE, WA 98101 -1611 and any substitute or successor trustees KING,WA Document: 2004.0212000321 20040212000321.007 Station Id :EGUI Page 7 of 9 Printed on 2/13/2007 7:21:07 AM Branch :GOK,User :BLOE Comment: GRANTOR' STATE OF W4.5 14 hG Trst COUNTY OF rI To KING,WA Document: 2004.0212000321 DEED OF TRUST (Continued) Page 8 GRANTOR ACXNOWLEDGES HAVING READ AU. THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. LLC LIMITED LIABILITY COMPANY ACKNOWLEDGMENT ) ) SS ) On this 9th, day of t. ) r t)4 mt 20 04 - , betas me. the undersigned Notary Public. personally appeared SCOTT R. HUISH, Prestdenl and Chairman of 12 HOTEL, LLC, and personally known to me or proved to me on the basis d satisfactory evidence to be a of the limited babddy company Ihal emoted Vie Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary set and deed of the Mated tmbdty company, by euthony of statute, its arhdes of organization or lb op. .. ent. for the uses and purposes therein mentioned, end on oath stated thal he er she is authorized to the .:: M and an fad executed the Deed of That on behat of the limited tabby company Readmgat (5 W4 WA o Nv,..n♦ Notary Public In and for to State of WA Ly coatroasAon exptee 12-0 2. — 06 REQUEST FOR FULL RECONVEYANCE Trustee The undersigned a the legal owner and holder of a1 indebtedness seared by the Deed of Trust You are hereby requested, upon payment of all sums owing to you, to moawey without warranty, to the persons entitled thereto, the eight, ate end interest now held by you under the Deed of Trust Data Beneficiary BY Its W,O,•O WOy Y„ S.W. M ll.rh„har..S1iirr r tor ,,,, N ,.M,.MnwS .YY Oltlnsa.•W TsMM, M.cams 0 20040212000321.008 Station Id :EGUI Page 8 of 9 Printed on 2/13/2007 7:21:08 AM Branch :GOK,User :BLOE Comment: EXHIBIT A That portion of the west half of Section 24, Township 23 North, Range 4 East, W M., in King County, Washington, being more particularly described as follows Commencing at the intersection of the 2M -Line of Primary State Highway No. 1, Green River Interchange, all as conveyed to or condemned by the State of Washington by Deeds recorded under King County Recording Numbers 5499612, 5507291, 5510773, 5503778, 5536502, and proceedings under King County Superior Court Cause No. 596089, ETA POC (2M) 134 +28.56, with the A -Line, ETA POT (A) 102 +82 12, as shown on that certain map on file with the State of Washington Department of Transportation labeled SR 405 Green river Interchange Right -of -way ETA 99 +00 to STA 120 +00, Sheet 2 of 2, approval date of January 30, 1962, with last revision date of December 31, 1992, Thence north 42 ° 30'02" east along the centerline of said A -Line, 88.55 feet to STA 103 +70.67 of said A -Line, Thence north 47 °29'58" west, 60.00 feet to a point on the northerly right -of -way of said Primary State Highway No 1, said point being the beginning of a curve concave to the south, the radius point of which bears south 47 ° 29'58" east, 163 00 feet distant; Thence northerly, easterly and southerly along said right -of -way on the arc of said curve through a central angle of 64 ° 48'29" a distance of 184.37 feet, to the TRUE POINT OF BEGINNING, Thence continuing along said northerly right -of -way line on a curve through a central angle of 22 an arc distance of 64.76 feet, Thence leaving said northerly right -of -way and bearing north 24 ° 09'32" east, 41.99 feet; Thence north 65 ° 34'09" east, 149 44 feet; Thence north 54 ° 43'56" east, 207 60 feet; Thence north 33 west, 25.64 feet, Thence north 53 ° 52'52" east, 93.41 feet; Thence north 17 ° 03'48" east, 53.44 feet; Thence north 17 ° 49'32" west, 49.22 feet; Thence north 48 ° 58'55" west, 20.06 feet; Thence north 20 ° 08'22" west, 44 35 feet; Thence south 69 ° 51'38" west, 24 62 feet; Thence north 17 west, 105.07 feet to a point on the ordinary high water line of the Green (White) River, as it was mapped by Barghausen Consulting Engineers, Inc. on August 11, 1997; Thence along the ordinary high water line of said River the following courses and distances; south 77 ° 30'00' west, 3 45 feet; Thence south 72 ° 00'00" west, 80.00 feet; Thence south 71 °30'00" west, 55.00 feet; Thence south 79'20 west, 70.00 feet; Thence south 69 ° 00'00" west, 65 00 feet; Thence south 66 ° 40'00" west, 55.00 feet; Thence south 70 ° 00'00" west, Thence leaving said Ordinary 22 °01'42" west, 229 49 feet; Thence south 22 ° 58'18° east, Thence south 64 ° 48'08" east, Thence south 21 ° 14 "11" west, (BEING KNOWN AS Adjusted Par No. L98 -0028, recorded under 15 94 feet; Sigh Water Line and bearing south 166.10 feet, 5.90 feet; 38 16 feet to the point of beginning; cel 2 of Boundary Line Adjustment Recording Number 9806309017). 20040212000321.009 Station Id :EGUI KING,WA Page 9 of 9 Printed on 2/13/2007 7:21:09 AM Document: 2004.0212000321 20040212000322 Branch :GOK,User :BLOE .. RETURN ADDRESS: Frontier Bank Redmond 17000 Avondale Way NE PO Bea 805 Redmond, WA 99073-0805 Legal Descnptlon. W 1/2 24 -23-04 Assessor's Tax Parcel ID# • 242304- 9013-07 Comment: ASSIGNMENT OF RENTS KING,WA Page 1 of 6 Document: 2004.0212000322 IN 2200032 TM �,. RPM 24 00 RECEIVED MAR 2 3 2007 cal Reference N (if applicable). REDM- XX1793/TITLE NO 555202 Additional on page Grantor(s) 1. 112 HOTEL, LLC ? ` i 2)�`i Grardee(s) , �Jry� r Y C' K: 1 Frontier Bank F IL= r; Additional on page 2 20040212000322.001 THIS ASSIGNMENT OF RENTS dated February 12, 2004, Is made and executed between 112 HOTEL, LLC, WHICH ACQUIRED TITLE AS WHICH AND IS IDENTICAL WITH H2 HOTELS, LLC, whose address Is 7200 FUN CENTER WAY, TUKWILA, WA 98188 (referred to below as "Grantor ") and Frontier Bank, whose mailing address Is 17000 Avondale Way NE, PO Box 805, Redmond, WA 98073-0805 (referred to below as "Lender"). COMMUNITY DEVELOPMENT Station Id :EGUI Printed on 2/13/2007 7:20:58 AM Branch :GOK,User :BLOE Comment: ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security Interest In, and conveys to Lender all of Grantor's right, title, and Interest in and to the Rents from the following described Property located N KING County, State of Washington: See SEE EXQtiBIT A, which is attached to this Assignment and made a part of this Assignment as if fully set forth herein. The Property or its address is commonly known as 7200 FUN CENTER WAY, TUKWILA, WA 98188. The Property tax identification number Ia 242304- 9013-07 THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS Of GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS PAYMENT AND PERFORMANCE. Except as otherwise provided in the Assignment or any Related Documents. Grantor she pay to Lender all amounts secured by this Assignment as they become due. and shall sturdy perform all of Grantees obligations under the Assignment Urhless and until Lender exercises its right to collect the Rents as provided below and so long as these is no default under this Assignment. Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of the night to cried the Rents shall not constitute Lender's consent to the use of cash collateral m a barkruptoy proceeding GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that Ownership. Grantor a entitled to receive the Rents free and clear of at rights, loans, hes, encumbrances, and claims except as disclosed to and accepted by Larder in wnbng Right to Assign Grantor has the full right, power and authority to enter into the Assignment and to assign and convey the Rents to Lender No Prior Assignment Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in face No Farther Transfer Grantor ail not sett assign, encumber, or otherwise depose of any of Grantor's rights in the Rents except as provided in Ws Assignment LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS Lender shat have the right at any turn. and even though no debut suet have occurred under trs Assignment, to coteet and receive the Rents For tins purpose, Lender is hereby given and granted the followrg rights, powers and authouty Notice to Tenants. Lender may sand notices to any and et tenants of the Property advising them of the Assignment and directing at Rents to be paid directly to Lender or Lender's agent Enter the Properly Lender may enter upon and take possession of the Properly, demand, eztect and reserve from the tenants or from any other persons table therefor, at of the Rents, institute and cony on d legal proceedings necessary for the protection d the Properly. including such proceedings as may be necessary to recover possession d the Property. cote! the Rents end remove any tenant or tenants or other persons from the Property Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repar, to pay the coats thereof and of services of at employees, including tlar equipment. and of all eonknung costs and expenses ol mentahnng the Property in proper rapes and condition. and also to pay at taxes, assessments and wafer utilities. and the premiums on hire and other insurance effected by Lender on the Prepay Compliance with Laws. Lender may do any and at twigs to execute and comply with the laws of the State of Washington and also at other laws, rules, cyders, ordinances and requirements of at other governmental agencies affecting the Properly Lease the Property Lender may rent or Leese the whole or any part of the Property for such term or terms and on such conditions as Lender may deem appropriate Employ Agents Lender may engage such agent or agents as Lender may deem appropriate. other in Lender's name or in Grantor's name, to rent and manage the Property, including the collection and application of Rents Other Acts. Lender may do at such other things and acts with rasped to the Property as Lender may deem appropriate and may act exclusively and alley in the place and stead of Grantor and to have al of the powers of Grantor for the purposes stated above No Requirement to Act. Lender stet not be required to do any of the foregoing acts or ewes, and the tad that Lender shah have performed one Of more of the foregoing acts or things ehst not require Lender to do any other specitio act or thing APPLICATION OF RENTS At costs and expanses Incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such costs and epenses from the Rents L ender, in its sole discretion, that determine the appkcabon of any and at Rents received by it however, any such Rants received by Lender wrath are not applied to such coats and expenses shat be applied to the Indebtedness Al expenditures made by Lender under this Assignment and not reimbursed from the Rets that become a part of the Indebtedness secured by the Assignmerd, and shat be payable on demand, with interest at the Note rate from date of expenditure until pad FULL PERFORMANCE If Grantor pays al of the Indebtedness when due and otherwise performs al the obligations imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shall execute end deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of terms abon of any t ancing statement on be evidencing Lender's security interest in the Rents and the Properly Any termnabon tee requred by law shall be paid by Grantor, if permitted by applicable taw LENDER'S EXF ENDITURES If any action or proceeding is commenced that would malenaty affect Lender's nt rest m the Properly or if Grantor tats to comply with any provision of this Assignment or any Related Document, including but not limited to Grantor's lecture to discharge or pay when due any amounts Grantor is required to discharge or pay under this Assortment or any Related Documents. Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying at taxes, hies, security interests, encumbrances and other dams, at any time levied or placed on the Rents or the Property and paying al costs for reurug, membrane and preserving the Property AI such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor Alt such expenses will KING,WA Document: 2004.0212000322 ASSIGNMENT OF RENTS (Continued) Page 2 20040212000322.002 Station Id :ECU' Page 2 of 6 Printed on 2/13/2007 7:20:59 AM Branch :GOK,User :BLOE Comment: become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand, (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due dung either (1) the term of any applicable insurance policy, or (2) the remaining term of the Note, or (C) be treated as a balloon payment which wa be due and payable at the Note's maturity The Assignment also will secure payment of these amounts Such right shat be in addition to ell ot rights and remedies to which Lender may be entitled upon Default DEFAULT Each of the follows g, at Lender's option, shall constitute an Event of Default under the Assignment Payment Default Grantor tads to make any payment when due under the Indebtedness Other Defaults Grantor fads to comply with or to perform any other term, obligation. covenant or condition contained as this Assignment or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained as any other agreement between Lender and Grantor Default on Other Payments Failure of Grantor within the time required by the Assignment to make any payment for taxes or insurance, or any other payment necessary to prevent ling of or to effect discharge of any ken Default In Favor of Third Pathos. Grantor defaults under any loan. erdensron of credit, seemly agreement. purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may =knell affect any of Grantors properly or Grantor's absty to perform Grantors obbgatiore under the Assignment or any of the Related Documents Environmental Default Failure of any parry to comply with or perform when due any term. obligation, conversant or condition contained in any environmental agreement eracuted as connection with the Property False Statements Any warranty, representation or statement made or finished to Lander by Grantor or on Grantors behalf under this Assignment or the Related Doganene is false or =leading in any material respect, ether now or at the time made or furnished or becomes false or misleading at any time thereafter Defective Coltateratlmtlon The Assignment or any of the Related Documents ceases to be in full force and effect (including lecture of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason Death or Insolvency The dissolution of Grantor's (regardless of whether election to continue a made), any member withdraws from the bided liability company, or any other termination of Grantor's a cstance as a going business or the death of any member, the mmolency of Grader, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any baNnptcy or insolvency laws by or against Grantor Creditor or Forfeiture Proceedings. Commencement of foreclosure or foreiture proceedings, whether by Judaea/ proceeding. self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against the Rents or any property securing the Indebtedness Ths ndu des a gannhmerd of any of Grantor's accounts, including deposit accounts, with Lender However, Um Event of Default slat not apply If there a a good huh dispute by Grantor as to the validity or reasonableness of the dam watch a the bean of to creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute Property Damage or Loss. The Property a bat, stolen, substantalty damaged, sold, or borrowed against Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes Cr dgtutes the validity of or kabnhy under. any Guaranty of the Indebtedness In the event of a death. Lender, at its option, may, bul shall not be required to, permit the Guarantor's estate to assume unconditionally the obtgabore arising under the guaranty in a manner satisfactory to Lander, and, n doing so, cure any Event of Default Adverse Change A material adverse change occurs in Grantor's financial condition, or Lender behaves the prospect of payment or performance of the Indebtedness is unpaired Cure Provleto a If any default, other than a default n payment a curable and if Grantor has not been given a notice of a breach of the same provision of this Assignment wehn the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Grantor. atter mew= written notice from Lender demanding cure of such default (1) cum the default mites ten (10) days, or (2) if the cure requires more than ten (10) days, mmedmtely initiates steps which Lender deems in Lender's sale discretion to be sufficient to are the default and thereafter continues and completes al reasonable and necessary steps sufficed to produce compliance as soon as reasonably practical RIGHTS AND REMEDIES ON DEFALLT Upon the occunnerce of any Event of Default and at any time thereafter, Lender may exercise any one or more of the following nettle and remades, in addition to any other rights or remedies provided by law KING,WA Document: 2004.02 1 20003 22 ASSIGNMENT OF RENTS (Continued) Page 3 Accelerate Indebtedness Lander shat have the right at Is option without notice to Grantor to declare the entire Indebtedness mnnedialely due and payable, including any prepayment penalty which Grantor Word be required to pay Collect Rents Lender shall have the ngN, without notice to Grantor, to take possession of the Property and coded the Rents, minding amounts past due and unpaid, and apply the net proceeds, oar end above Landers costs. seams! the Indebtedness In furtherance of the right. Lender shall have as the ngMS provided for in the Lender's Right to Receive and Collect Rents Seaton, above If the Rents are collected by Lender, then Grantor rrevacaby designates Lender as Grantors attorne er -lad to enders instruments received in payment thereof at the name of Grander and to negotiate the same and collect the proceeds Payments by tenants a other users to Lender in response to Lender's demand that satisfy the obligations for which the payments are made, whether or not any proper grounds be the demand vested Lender may exercise as rights under the subparagraph either in person, by agent, or through a receiver Appoint Receiver. Lender that have the nght to have a receiver appointed to take possession of at or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding or pending terelmus or sale, and to collect the Rents from the Property and apply the proceeds, over and above the Cost of the recoverahip, egamat the Indebtedness The recover may serve without bond if permitted by law Lender's tight to the appointment of a recover shall east whether or not the apparent value of the Property exereds the Indebtedness by a substantial amount Employment by Lender shall not disqualify a person from serving as a receiver Other Remedies Lender shalt have of other rights and remedies provided in the Assignment or the Note or by taw Election of Remedies.. Election by Lender to pursue any remedy shall not exclude ptesut of any other remedy, and an election to make mpendihres or to take action to perform an obligation of Grantor under this Assignment. after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies Attorneys' Fees, Expenses If Lender estilutes any sal or action to enforce any of the terms of this Assignment, Lender shall be enheed to recover such sum as the court may adjudge reasonable as attorneys' tees at foal and upon 20040212000322.003 Station Id :EGU] Page 3 of 6 Printed on 2/13/2007 7 :21:00 AM Branch :GOK,User :BLOE Comment: KING,WA Document: 2004.0212000322 ASSIGNMENT OF RENTS (Continued) Page 4 any appeal Whether or not any court eaten is meshed, and to the extent not prohibited by law, al reasonable expenses Lender incurs that in Lender's opinion are necessary at any time tar the protection of its interest or the enforcement of its rights shall become a pad of the Indebtedness payable on demand and shell bear merest at the Note rate from the date of the expenditure until repaid Expenses covered by the paragraph allude, without limitation, however subject to any Mob under applicable law, tender's attorneys' fees and Lenders legal expenses. whether or not there s a lawsuit, inducting attorneys' fees and expenses for bankruptcy proceedings (edudup efforts to modify or vacate any automatic stay or njunctan). appeals, and any anticipated post - judgment collection services. the cost of searching records, obtaining bee reports (including toredosure mods), suveyos' reports, and appraisal lees, title insurance. and fees for the Trustee, to the extent permitted by applicable law Grantor abo wall pay any court costs. in addition to all other sums provided by law MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of are Assignment Amendments This Assignment, together with any Related Documents, constitutes the entse understanding and agreement of the parties as to the mattes set forth n this Assignment No alteration of or amendment to the Assignment shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment Caption Headings. Caption headings in the Assignment are for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment Governing Lew This Assignment wIll be governed by, constmed and enforced In aaadence with federal law and the laws of the State of Washington. This Assignment has been accepted by Lender in the State of Washington. Choice of Venn If there is a lawsuit, Grantor agrees seen Lenders request to submit to the jurisdiction ot the courts of King County, State of Washington Merger There shall be no merger of the interest or estate treated by the assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capasty, without the written consent of Lender Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this Assignment in the singular shall be deemed to have been used in the Mural where the contend end construction so require (2) If mare than one person wens this Assignment as 'Grantor,' the obligations of each Grantor are lard and several This means that it Lender bangs a lawstd, Lender may we any one or more of the Grantors If Borrower and Grantor are not the same person, Lender need not sue Borrower test, and that Borrower need cad be joined in any lawsuit (3) The names given to paragraphs or sections m the Assignment am for conversance purposes only They as not to be used to interpret or define the provisions of he Assignment No Waiver by Lender. Lander shat not be deemed to have waived any fights under this Assignment Wen such waiver is given in writing and signed by Lander No delay or omission on the pat of Lender n asresrg any rigid ahal operate as a waiver of such right or any other right A waiver by Lander of • provision d the Assign nod shell not prejudice or constitute a wawa' of Lender's right otherwise to demand stint compliance with that women or any other nor any 'curse ol dealing between Lender and Granter, shall provision of the co • waiver of any of Lendees rights o n o any of�Granfa'a obligations as to any Mum transactors Whenever the consent of Lander is required under the Assignment, the granting of such consent by Lender in any nstance shat not constitute continuing consent to subsequent tletefees where such consent Is required and in el cases such consent may be granted or withheld in the sole discretion of Lender Notices Subject to applicable law, and swept for notice required or slowed by haw to be given at another manner, any notice rectured to be given under this Assignment shall be given at writing, and shall be affective when actually delivered, when actually received by lelefa esele (unless otherwee required by law), when deposited with a natonaly recognised overnight courser, or, if mated, when deposited in the United Slates mad, as Vat class, carded or registered mad postage prepaid. directed to the addresses shown neer the bepaurrhp of Ms Asa pnmad Any party may change its address for notices under the Assignment by givi formal written no Lo the other pates, speodying that the purpose of the notice is to change the parties address For notice purposes, Grantor agrees to keep Lender informed at at times of Grantors current address Subject to applicable law, and except for notice required or dewed by law to be given in another manner, if there is more than one Grantor, any notice given by Lender to any Grantor a deemed to be notice given to all Grantors Powers of Attorney. The venous agencies and powers of attorney conveyed on Lender under the Assignment are lgraahnted for purposes of security and may not be revolted by Grantor wild such time as the same am renounced by Severabary If • coed of competent predistioni finds any provision of was Assignment to be illegal, swain, or unenforceable as to any acumstahce that twang shall not make the offending provaan begatt invalid, or unenforceable as to any other circumstance II feasible, the offending provision shall be considered modeled so that it becomes legal, valid and enforceable If the offending provision cannot be so modified, it shill be considered deleted from this Assignment Unless otherwise rsgtwed by law, the illegality, invalidity, or t erdaioeabmy of any provision of has Assignment shell not affect the legality, validity or erdorceabfty of any other provision of ass Assignment Successors end Assigns Subject to any limitations staled in this Assiguni•nt on transfer Of Grantor's interest Iles Assigrment duo be binding upon and anima to the benefit of the prise, flew auoaseas and assigns m ownership of the Property becomes vested n a person other than Grantor, LaMar. without notice to Grantor. may deal with Grantors successors with reference to the Assignment and the Indebtedness by way of forbearance or extension without releasing Grantor from the oblgations of this Assignment or battery under the Indebtedness This Is of tie Essence Time is of the essence in the performance of he Assignment WAIVER OF HOMESTEAD EXEMPTION Grantor hereby teems and wares all rights and benefits of the homestead exemption laws of the Stale of Washington as to at Indebtedness seared by the Assignment WAIVER OF RIGHT OF REDEMPTION NOTWTTHSTAPDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT CF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF GRANTOR, ACQUIRING ANY INTEREST IN OR Tn.E TO THE PROPERTY SUBSEQUENT TO THE DATE OF TI-0S ASSIGNMENT DEFINITIONS The foaming g capdeared words and terms shall have the following meanings when used in the Assignment Unless speahaly stated to the contrary, all references to dollar amounts shall mean amounts m lawful money of the United States of America Words and terms used in the singular shall include the plural, and the plural shad include the singular, as the context may require Words and tears not otherwise defined in the Assignment shall have the meanings attributed to such terms in the Uniform Commercial Code Assignment The word 'Assignment* means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be 20040212000322.004 Station Id :EGUI Page 4 of 6 Printed on 2/13/2007 7:21:00 AM Branch :GOK,User :BLOE Comment: amended or modified from time to lime, together with if exhibits and schedWos attached to this ASSIGNMENT OF RENTS from time to time Borrower The word 'Borrower' means 112 HOTEL, LLC Default. The word'Defaulr means the Default set forth in this Assignment in the section tilted "polar Event of Default The words 'Event of Default' mean any of the events of default set forth in this Assignment an the default section of this Assignment Grantor. The word 'Grantor" means H2 HOTEL, LLC Guarantor. The word 'Guarantor means any guarantor, surety. or axommodabon party of any or as of the Indebtedness Guaranty The word - Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of el or part of the Note Indebtedness The word "Indebtedness' means ore pnncpal. interest. and other amen*, costs and easiness payable under the Note or Related Documents, together with al renewals of, imIensons of, mod bons of, consobdebons of and substitution for the We or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's abbgabae or expenses incurred by Lender to enforce Grantor's obgaaons under this Assignment, together with interest on such amounts as provided in this Assignment Lender. The word 'Lender" means Frontier Bank, its successors and assigns Not The word 'Note' means the promissory note dated February 12, 2004, in the original principal amount of $5,500, 000.00 from Grantor to Lander, together with al renewals of, extensions of, modifications of, refinancings of, consolidations of, and srbsbtukons for the promissory note or weemerd Property. The word 'Property' means al of Grantor's right, tulle and interest in and to al to Property as described in the Assignment' section of this Assignment Related Documents The words 'Related Documents" mean eA economy notes. credit agreements, loan agreements, emronmenlal agreements, guaranties, securely agreements, mortgages, deeds of bust, seamy deeds, caldera, mortgages, and al other aetrumenls, agreements and doorurents, whether now or hereafter costing, executed in connection with the Indebtedness Rents. The word "Rents" means of of Grantor's present and future rights, sae and interest n. to and under any and all present and future leases, including, without tnatabon, al rents, revenue, mom, mues, royalties, bonuses, acoounts receivable, cash or seamy deposits, advance rentals, profits and proceeds from the Papery, and other payments and benefits derived or to be denwad from such bases of every kind and nature, whether due now or later, . during without Matatwn Grantor's ngtd to enforce such bases and to receive and coded payment and proceeds thereunder THE UNDERSIGNED AaaiOYN.EDGES HAVING READ AU. THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED . ON BEHALF OF GRANTOR ON FEBRUARY 12, 2004. GRANTOR: KING,WA Document: 2004.02120003 22 ASSIGNMENT OF RENTS (Continued) Page 5 Prod and Chairman of H2 HOTEL, LLC LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF W031/ rlg4st, COUNTY OF Ming J On this 1 & day of re brio 4vN Notary Pub's, personalty appeared SCOTT R. NUISH, pr and to me or proved to me on the bass of satisfactory evidence to be ASSIGNMENT OF RENTS and acknowledged the Ass company. by authority of statute, its adrdes of mentioned, and on oath stated that he or she on behalf of the limited liability company By_ _____ _ __ _ ___ _ _ Notary Public In and for the Stale of WA cQ ooTARy PUBLIC 12.2•2006 oN: wA 0 0 ' d` ) SS 20 0 4 before me, the undersigned Chairman of 112 HOTEL, LLC, and personalty known a of the limited liability company that mmcuted the tree and voluntary act and deed of the limited belly no agreement, for the uses and purposes therein Assignment and in tad a ercuted tat Assignment Residing att.5AMMra rn r S . , WA My comdssoonexprres 1Z - - iaae MO hr. Y., rN MM. Cyr W,W IYrJ /rd.M.ithr .w M. YNp..■••■■ .WA swnKrw.0 i►uw I4mwALm 20040212000322.005 Station Id :EGU1 Page 5 of 6 Printed on 2/13/2007 7:21:01 AM Branch :GOK,User :BLOE EXHIBIT A That portion of the west half of Section 24, Township 23 North, Range 4 East, W.M , in King County, Washington, being more particularly described as follows. Commencing at the intersection of the 2M -Line of Primary State Highway No. 1, Green River Interchange, all as conveyed to or condemned by the State of Washington by Deeds recorded under King County Recording Numbers 5499612, 5507291, 5510773, 5503778, 5536582, and proceedings under King County Superior Court Cause No 596089, STA POC (2M) 134 +28 56, with the A -Line, STA POT (A) 102 +82.12, as shown on that certain map on file with the State of Washington Department of Transportation labeled SR 405 Green river Interchange Right -of -way STA 99 +00 to STA 120 +00, Sheet 2 of 2, approval date of January 30, 1962, with last revision date of December 31, 1992; Thence north 42 ° 30'02" east along the centerline of said A -Line, 88 55 feet to STA 103 +70 67 of said A -Line, Thence north 47 ° 29'50" west, 60 00 feet to a point on the northerly right -of -way of said Primary State Highway No 1, said point being the beginning of a curve concave to the south, the radius point of which bears south 47 ° 29'58" east, 163 00 feet distant; Thence northerly, easterly and southerly along said right -of -way on the arc of said curve through a central angle of 64 ° 48'29" a distance of 184 37 feet, to the TRUE POINT OF BEGINNING, Thence continuing along said northerly right -of -way line on a curve through a central angle of 22 ° 45'54" an arc distance of 64.76 feet; Thence leaving said northerly right -of -way and bearing north 24 ° 09'32" east, 41.99 feet; Thence north 65 ° 34'09" east, 149 44 feet; Thence north 54 ° 43'56" east, 207.60 feet; Thence north 33 ° 14'15" west, 25.64 feet, Thence north S3 ° 52'52" east, 93 41 feet, Thence north 17 ° 03'48" east, 53 44 feet, Thence north 1749'32" west, 49 22 feet; Thence north 48 ° 58'55" west, 20.06 feet; Thence north 20 ° 08'22" west, 44 35 feet; Thence south 69 ° 51'38" west, 24 62 feet, Thence north 17 ° 22'51" west, 105.07 feet to a point on the ordinary high water line of the Green (White) River, as it was mapped by Barghaueen Consulting Engineers, Inc. on August 11, 1997; Thence along the ordinary high water line of said River the following courses and distances; south 77 ° 30'00 0 west, 3.45 feet; Thence south 72 ° 00'00" west, 80.00 feat, Thence south 71 ° 30'00" west, 55.00 feet, Thence south 79 ° 20'00" west, 70.00 feat; Thence south 69 ° 00'00" west, 65 00 feet, Thence south 66 ° 40'00" west, 55.00 feet; Thence south 70 ° 00'00" west, 15.94 feet; Thence leaving said Ordinary High Water Line and bearing south 22 ° 01'42° west, 229 49 feet; Thence south 22 ° 58'18" east, 166.10 feet; Thence south 64 ° 48'08" east, 5 90 feet; Thence south 21 ° 14"11" west, 38 16 feet to the point of beginning; (BEING KNOWN AS Adjusted Parcel 2 of Boundary Line Adjustment No L98 -0028, recorded under Recording Number 9806309017). Comment: Station Id :EGU1 20040212000322.006 KING,WA Page 6 of 6 Printed on 2/13/2007 7:21:02 AM Document: 2004.0212000322 20040916001066 Branch :GOK,User :BLOE Return Address: Frontier Bank 17000 Avondale Way NE Redmond, WA 98052 Document Title UCC2 — Financing Statement Grantor(s) Grantee(s) H2 Hotel, LLC Frontier Bank Legal Description w , 2_3, pfd See Exhibit A, which is attached to this UCC Financing Statement and made a part of this UCC Financing Statement as if fully set forth herein. Assessor's Property Tax Parcel/Account Number 242304- 9013 -07 7200 Fun Center Way Tukwila, WA 98188 KING,WA Page 1 of 4 Document: 2004.0916001066 Comment: Station Id :EGUI RECEIVE MAR 2 3 20U1 COMMUNITY DEVELOPMENT FILED BY PNWT Sold dow , nest lied lot wrd by' scc o n t n on y. it MMs not. be. r exa 'atr irs. to proper t executk+r .4 MtoVs Ptur 111110 20040916001066.001 Printed on 2/13/2007 7:20:53 AM urc 3b. INDIVIDUAL'S LASrNAME FIRST NAME MIDDLE NAME SUFFIX So. MAILING ADDRESS 17000 Avondale Way NE CITY Redmond STATE WA POSTAL CODE 98073 -0805 COUNTRY USA Branch :GOK,User :SLOE Comment: UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS (front and book) CAREFULLY A. NAME A. PHONE OF CONTACT AT FILER [optional] B. SEND ACKNOWLEDGMENT TO: (Name and Address) Frontier Bank Redmond 17000 Avondale Way NE Redmond, WA 98052 J 1. DEBTOR'S EXACT FULL LEGAL NAME . Insert only one debtor name (I a or lb). do not abbreviate or combine names • 1a ORGANIZATION'S NAME H2 HOTEL, LLC lb. INDIVIDUAL'S LAST NAME MAILING ADDRESS 00 FUN CENTER WAY SEE INSTRUCTIONS Am. INFO RE 11e. TYPE OF OROANIZATION ORGANIZATION Limited Liability Co. DEBTOR [ FIRST NAME crrY TUKWILA if. JURISDICTION OF ORGANIZATION WA =ME NAME STATE WA POSTAL CODE 98188 tg. ORGANIZATICNAL ID S. if any OR to 2a 2d. 72 td. 2. ADDITIONAL DEBTOR S EXACT FULL LEGAL NAME • treat only one debtor name (2a or 2b) • do not abbreviate or combine names 22. ORGANIZATION'S NAME 2b. INDIVIDUAL'S LAST NAME MAILING ADDRESS SEE INSTRUCTIONS ADD. INFO RE 12e. TYPE OF ORGANIZATION ORGANIZATION DEBTOR FIRST NAME CITY 2f. JURISDICTION OF ORGANIZATION MIDDLE NAME STATE POSTAL CODE 2g. ORGANIZATIONAL ID 0. if any n OR 3. SECURED PARTY'S NAME (or NANE of TOTAL ASSIGNEE d ASSIGNOR SIP) • bumf only ore secured party name (7a or 3b) 3a ORGANIZATION'S NAME Frontier Bank THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 20040916001066.002 SUFFIX COUNTRY USA SUFFIX NONE NONE 4. Thte FINANCING STATEMENT caws the following cantata All Fixtures; whether any of the foregoing Is owned now or acquired later, all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including Insurance, general intangibles and accounts proceeds) 5. ALTERNATIVE DESIGNATION • •Tea fa LESSEE/LESSOR CONSIONEE/CONSIGNOR a ' 4 E ST/1TE CORDS. A tech Addapdumd i • r retard) ar recorded) In TA o • . bldl 8. OPTIONAL FILER REFERENCE DATA ACKNOWLEDGEMENT COPY — UCC FINANCING STATEMENT (FORM UCC1) (REV. 05/22/02) KING, WA Document: 2004.0916001066 Page 2 of 4 I� BAILEEBAILOR SEU.ER/BUYER ■ AG. LIEN NON -UCC FILING on to, ophonall AI Debtors Debtor 1 Debtor 2 Harland Financial Solutions 400 S.W. 6th Avenue, Portland, Oregon 97204 Station Id :EGUJ Printed on 2/13/2007 7:20:54 AM .n. 1 lb. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 11e. MAILING ADDRESS CRY STATE POSTAL CODE COUNTRY 1 ad. SEE INSTRUCTIONS WL. AA INFO RE 1 I11e. TYPE OF ORGANIZATION DEBTOR I 111. JURISDICTION OF ORGANIZATION 11p. ORGANIZATIONAL ID d. if any nNDNl3 12. OR ADDITIONAL SECURED PARTY'S « I (ASSIGNOR S/P'S NAME • Wien only one name (12a or 12b) 12a. ORGANIZATIONS NAME 12h. INDMDUALS LAST NAME FIRST NAME MIDDLE NAME SZ1FWt 12o. MALLING ADDRESS CJry STATE POSTAL CODE COUNTRY 13. This FINANCING STATEMENT covers , timber to be cut or fl as a uscted collateral. or fs Bled as a 0 II lilOne fillrg. . 14. Description et real estate SEE EXHIBIT A. which Is attached to this UCC Financing Statement and made a part of this UCC Financing Statement as if fully set forth herein. 15. Name and address of a RECORD OWNER or above-described nal estate Of Debtor does not have • record Interest): 15. Additional collateral description: 17. Check 2 II applicable and check on one boy. Debtor is a n Tnnt or grantee acting wall respect to property held In hurt or n Decedent's Estate 18. Check if applicable and check on one boa Debor Is a TRANSMITTING UTILITY I Fled In connection with a ManufadurodHome Transaction - effective 30 years I Filed In connection with a Pubtc.Flnance Transaction - effective 30 years Branch :GOK,User :BLOE S Comment: • UCC FINANCING STATEMENT ADDENDUM 20040916001066.003 NAME OF FIRST DEBTOR (la or 1b) ON RELATED FINANCING STATEMENT Bit ORGANIZATION'S NAME H2 HOTEL, L.LC Ub. INDIVIDUAL'S LAST NAME MISCELLANEOUS: FIRST NAME NAME, SUFFIX FOLLOW INSTRUCTIONS (front and back) CAREFULLY 9. OR 10. 11. ADDm0NAL DEBTOR'S EXACT FULL LEGAL NAME • Wart any one name (lie or 11b) - do oat abbreviate or combine names 11e. ORGANIZATIONS NAME THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY ACKNOWLEDGEMENT COPY - UCC FINANCING STATEMENT ADDENDUM (FORM UCC1Ad) (REV. 05•22102) KING,WA Document: 2004.0916001066 Page 3 of 4 Harland Financial Solutions 400 S.W. 6th Avenue, Portland, Oregon 97204 Station Id :EGUI Printed on 2/13/2007 7:20:55 AM Branch :GOK,User :BLOE Comment: • KING,WA Document: 2004.0916001066 EXHIBIT A That portion of the west half of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, being more particularly described as follows, ' Commencing at the intersection of the 2M -Line of Primary State Highway No. 1, Green River Interchange, all as conveyed to or condemned by the State of Washington by Deeds recorded under King County Recording Numbers 5499612, 5507291, 5510773, 5503778, 5536582, and proceedings under King County Superior Court Cause No. 596089, STA POC (2M) 134 +28.56, with the'A -Line, STA POT (A) 102 +82.12, as shown on that certain map on file with the State of Washington Department of Transportation labeled SR 405 Green river Interchange Right -of -way STA 99 +00 to STA 120 +00, Sheet 2 of 2, approval date of January 30, 1962, with last revision date of December 31, 1992, Thence north 42 ° 30'02' east along the centerline of said A -Line, 88.55 feet to STA 103 +70.67 of said A -Line; Thence north 47 west, 60.00 feet to a point on the northerly right -of -way of said Primary State Highway No. 1, said point being the beginning of a curve concave to the south, the radius point of which bears south 47 ° 29'58" east, 163.00 feet distant: Thence northerly, easterly and southerly along said right -of -way on the arc of said curve through a central angle of 64 ° 48'29" a distance of 104.37 feet, to the TRUE POINT OP BEGINNING: Thence continuing along said northerly right -of -way line on a curve through a central angle of 22 ° 45'54" an arc distance of 64.76 feet; Thence leaving said northerly right -of -way and bearing north 24 ° 09'32" east, 41.99 feet: Thence north 65 ° 34'09" east, 149.44 feet; Thence north 54 ° 43'56" east, 207.60 feet; Thence north 33 ° 14'15" west, 25.64 feet; Thence north 53 ° 52'52" east, 93.41 feat; Thence north 17 ° 03'48' east, 53.44 feet; Thence north 17 ° 49'32' west, 49.22 feet; Thence north 48 ° 58'55" west, 20.06 feet; Thence north 20 ° 08'22" west, 44.35 feet: Thence south 69 ° 51'38" west, 24.62 feet; Thence north 17 ° 22'51" west, 105.07 feet to a point on the ordinary high water line of the Green (White) River, as it was mapped by Barghausen Consulting Engineers, Ino. on August 11, 1997; Thence along the ordinary high water line of said River the following courses and distances; south 77 west, 3.45 feet; Thence south 72 ° 00'00' west, 80.00 feet: Thence south 71 west, 55.00 feet; Thence south 79 ° 20'00" west, 70.00 feet; Thence south 69 ° 00'00° west, 65.00 feet; Thence south 66 ° 40'00• west, 55.00 feet; Thence south 70 ° 00'00' west, 15.94 feet; Thence leaving 'said Ordinary High Water Line and bearing south 22 ° 01•42• west, 729.49 feet; Thence south 22 ° 58'18" east, 166.10 feet; Thence south 64 ° 48'08" east, 5.90 feet; Thence south 21 west, 38.16 feet to the point of beginning; (BEING KNOWN AS Adjusted Parcel 2 of Boundary Line Adjustment No. L98 -0028, recorded under Recording Number 98063090171. 20040916001066.004 Station Id :EGUI Page 4 of 4 Printed on 2/13/2007 7:20:56 AM 9505259006 L1 S 33'96'31' E 17.66' kaURd U S 23'00'00' E 20.00 ®tm C1 L- 68.59' R- 182.00' 4), 2115'30' U N 17'40'05' E 30.32' REC. N 1725'44' E 30.65' CALC C4':A10995'00' W 60.00' REC, N 17QQO6'SB' W 59.98' CALC C2 L■1312' R.153.00' A- 3890'21' L5 S 4278•20' w 94 A PORTION OF THE W 1/2, SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. KING COUNTY, STATE OF WASHINGTON AND RELATED PURPOSES AFFECTING VACATED ROADWAY THIS AREA PER ORD. NO. 4044, REG NO. 8702100641 ■ GKAPHIC. S CALE SW COIL. SEC. 24 :`• T 23 N, R 4 E, (NOT FOUND) ••• O.67 • LEGEND t treat t6p iL • FOUND MONUMENT W CASE 2 1/2' P %MTH BRASS PIN 9 FOUND 2 1/2' BRASS CAP SURFACE MONUMENT 0 SET 2' AWMNUM CAP STAMP LS 24300 FOUND ROAR AND PLASTIC CAP (DEA 17672) W.C.M.C. WITNESS CORNER TO MEANDER CORNER RECORDER'S CERTIFICATE NUMBER )(rQT- .7S'Pr"n/ x� .4.' �'•A% P 17.7471! 1M FILED FOR RECORD THIS, t. C , DAY OF .¢7.42,4_. 19 LL: Al i.:1v IM. N BOOK .a A OF «�aW4LlAT PAGE ' THE REQUEST OF INS SURVEY WAS PERFORMED USING A WILD 72000 TOTAL STATION ANC MEETS OR EXCEEDS THE REQUIREMENTS OF WAG 322- 130 -090. sum OF Etcoans • •.., ,.. ter Reba IF 20' EASEfIEM 4 SIGN BY TIM INGRAHAM PARCEL or _• .• w 4' W ( PRA) I01L'70. tw.�'a67 . ;� .i. M1 .,. tA ,..•'��xw: 771' UNE 4 .01 : . M1 SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY CONDUCTED WY ME OR UNDER MY SUPERVISION IN CONFORMANCE WITH THE REQUIREMENTS Of THE SURVEY RECORDING ACT AT THE REQUEST OF MUNICIPALITY OF METROPOLITAN SEATTLE IN APRIL 19 06 CERTIFICATE NO. 24300 95052590U5 t K M.-,4- tM s Mw..,A KI Awe I V A MiN,t Is ammo w • ♦ }�'' • /' ,��,y,RA.' 0.%,541:114V...47: a,. .SW }ty ' 1 ' ' .I. 6.. "' Dotal _ 41 4 � � � 1 '•. 015 Pow �W 656"" ., ; ,,- :( 5T 6 '�+n`' G - 2 0!17 32' • ':+Y ..w` 0' \\ ....... 0{ .. , •..... , : ' R - 15 60.0 6' •q •• L'56.61 ` `' N ppiiOORD- 65,$:21' S 22 / •,,' '' •_ AK v • ;CHRD B -97'45' E .• r N '• it :TOTAL AREA 74.06 AptES i' ': i ' : P(u as ' A TIIROUQ 5 E ' % - - BOUNDARY LINE AS EST A8LJ iF,D BY SC /726392 .•••••.•••." / CAP 004 RESERVATION OF AN `\ EASEMENT BY DC CM .,' • FND REBAR G % OF RENTON FOR UTILITY ... ,. „.. .. ..� P010 N 429428' E 99.59' N 4613'07" E N 647747" E 19.09' ,564 Bukani. :O.t06 - FWD REQAR /CAP :: • '•• N 0.410 AND 0.05 W•• (101.•ACCEPTET1 .' G• � .05' C WED to .•• W NOT - T US[ _ _ _ _ T .F ••• BQUNDARY..SU)RV.Y A PORTION OF THE W 1/Z. 24, T 23 K :P 4 E; W.M., KING COUN7y, WA. MUNICIPAUTY ir'METgOP,O ffAN•SEATTLE'' K.C.D.4.S. • 021 SECOND AVENUE* SEATTLE, WA. 99104'':• 103 255 CoutruoUI, Engineering . Subcontracting .._. 616 120th AVE. PH (206) 465 -8999 B0..LCWE, WA Fax (206) 435 -9988 • 0 MAR 2 3 2001 1BJNLTY OPMENT ..T. .,..•.• • TA LE6i4L DESCRTFTION :> PARCEL Al >' ALL. THA7 PORTION C1 e0VERHNENT UM,70:SEC710N:24. TOWNSHIP 23 • 'WORTfH , RANGE 4 EAST. WWJWETTE IMODDIAN, LYING NO(i1NEASTERLY OF THE RICHT QF~NAY OF PUGET SOUND, .ECTRIC RAILWAY AS SAME 6205262 ON 1 1AIIUARY 3O, 1962. LYING 50UfHWESTERLY „5F A UNE DRAW PTRALLD WITH AND IO5FEET NoslwAsTuei. WHEN MERSURtb'••: .' ^•41.RIG11 ANGLES. ARCM THE:PORTHU,STF72LY IJNE,p SAID•'GCET SOUND ELECTRIC RAILWAY: LYNC NORTNW£STDCY OF A UNE DRAW PARALLEL WIN AND 50 FEET NORTNMSTERLY. WHEN. IIEAsuRE0 :67 RIGHT ANG 3,AND /DI,R RADIALLY, FROWTJE, A-UHE SURVEY OF PRIMARY SJ`ATE HI swap HWA 1 (SR 405), GREEN RAER NTER0VINOE AN0 SOUTNEA3T'EF6Y OF,)VIE GRES+ RIVER. PARCEL B: THAT PORTION Cr VACATED BLOCKS 9. 12, 13, 14. i'5.'.40. AND 17, ,• GUNDAKER'S INTERURBAN ADDITION TO S A17tE ACCOR0910 SQ,THF f'tAT THEREOF, RECORDED N VOWME 14 OF PLATS. PAGE 46, N TONG COUNTY, WASHINGTON. AND OF VACATED STREETS ADJOINING AND CE PORTIONS Cr THE" WEST HALF OF SECTION 24. TOwNSNIP 23 NORTH. RANGE 4 EAST, WILLAMETTE MERIDIAN. IN KING COUNTY, WASHINGTON. DESCRIBED 95 . POl0W5: COMMENCING A7 A PANT ON THE NEW NORTHEASTERLY RIGHT OF WAY NAACO OF THE FORMER SEATTLE AND TACOMA PUGET SOUND ELECTRIC RAILROAD. AS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 6264739. WHICH PONT IS NORTH 0172709 EAST 252596 FEET FORM THE SOUTHWEST CORNER OF SAID SECTION 24; •',• THENCE SOUTH 59 EAST ALONG SAID .MARTIN'7D.TNE EASTERLY UNE OP SOUTNCEN7ER BOULEVARD. SAID P,QNT 80N0 1NE:MOST WESTERLY CORNER OF FARM. 3 OF SHORT PUT RECORDED UNDER RECCMINO NUMBER 7906210378 1ENCE SOUTH 5912'54• EAST ALONO SOUTHWESTERLY UNES OP SAID PARCEL 3 AND TRACT A OF SAW SNORT PLAT k.'OI5TANCE OF 15245 FEET TO THE BANK of THE GREEN RIVER. AS S/IONH• ON SAW PLAT; BONG THE TRUE POINT OF BEGINNINO}, ALGMC IKE BOUNDARY OF SAID SNORT PUT THE FOLLOVANG ,COURSES AN4:fl1STANCES: ::' NORTH 470'51• EAST 271,01 FEET: ••• THENCE NORTH 582546'.EAST 115.385661: THENCE 906TH 64'02'46' EAST 111.60 PEST; , THENCE NORTH 721834' EAST 03.66'FS,ET; • . 'NOME NORTH 7700112. EAST 389.82 FEET: THENCE NORTH 4732'36"61152 32.76 FEET: THENCE NORTH 0514'06' WES933 FEET; THENCE NORTH 3556'05' 9. T 12:6$ FEt7...•• " THENCE NORTH 3510'59 WEST 902.59 FEET; THENCE NDI1111 341734• WEST 106.41 FEET; THENCE NORTH 3395'34• WEST 00.98 FEET THENCE NORTH 36'57'02' WEST 121.20 FEET: THENCE NORTH 337918 VEST 143.48 FEET: .. THENCE NORTH 499V11• WEST 129.60 FEET; .,,• THENCE worm 881701' WEST TO 711E WEST UNE OF VACATED BESSE ' u STREET; THENCE LEAVING SAID SHORT PUT AND RUNNING NORTHERLY NANO 1114E WEST.: LINE OF VACAIEO BESSE STREET. AND ITS PROJECTION TO TILE BANK OF NE GREEN MUG THE14CE EASTERLY ALONG 714E BANK OF THE GREET MGR TO 315 INTERSECTION WIN A UNE THAT LIES 200 FEET SOUIHSES1FRLY OF AND PARALLEL WTH 114E CAIIERLDIE CE THE NORTHERN PACIFIC RAILWAY. SAW 004164UNE HAVING A BEARING OF NORTH 341 WEST: 1NENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE TO ITS PONT OF INTERSECTION W1114 THE EASTERLY TERMINUS OF THE BOUNDARY UNE ESTABLISHED BY AGREEMENT ENTERED MAY 30, 1973 IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 725392 THENCE ALONG SAID BOUNDARY UNE THE FOLLOWING COURSES AND DISTANCES SOUTH 489733' WEST 3567 FEET; THENCE SOUTH 72•1'53' WEST 467.78 FEET; THENCE SOUTH 64'48'33' LUST 374.11 FEET: THENCE SOUTH 4936'53• WEST 105.59 FEET TO THE 8E5TEHN TERHINUS OF SAID BOUNDARY UNE. SAID POINT BONG NORTH 001709' FAST 2.525.96 FEET. AND SOUTH 502554' EAST 521.40 FEET FROM TIE SOUTHWEST CORNER Cr SAID SEC110N 24: THENCE NORTH 503754 WEST ALONG THE NEW NORTHEASTERLY UNE Cr THE FORMER SEATTLE AND TACOMA PUGET 5WN0 ELECTRIC RAILROAD TO NNE TRUE PONT OF 9691■HIN9 E%CEPT ALL THAT PORTION Cr BLOCKS 9. 12. 15 14. 15 AND 16, WNDAIERY INTERURBAN ADDITION TO SEATTLE ACCORDING TO THE PLAT THEREOF. RECORDED N WINE 14 Cr PLATS, PAGE 40. IN KING COUNTY, WASHINGTON. AND THE VACATED STREETS ADJOINING. LONG BETWEEN THE THREAD or THE OREE9 RIVER AND THE SCUMMY AND EASTERLY ONES OF SHORT PUT RU418E4 71 -7 -5S ACCORDING TO THE SNORT PLAT RECORDED UNDER RECORDING NUMBER 7906210370. 95U525y(►0 A PORTION OF THE W 1/2, SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. KING COUNTY, STATE OF WASHINGTON PARCEL C THAT PO(7TION'OP4.0): 31 OF 114E INTERURBAN POWDER TO SEATTLE ACCORDING TO THE P)AT THEREOF, RECORDED N VOLUME 10 OF PLATS. PACE •;0,54 KING C09.141Y <WASNNGION, LYING SOUTHERLY OF THE 'BOUNDARY UNE' AS ESTA BY HONG SUPERIOR COURT CAUSE NUMBER UPTJ 725302 ANETME E%TENSIGI' 48'09'33' EAST TO A PONT ON THE: T MAR& OF THE 044 WAUKEE. AND 5T. PAUL tOD 9002 RIGHT OF WA AND:1 0 WESTERLY OF P • .`' RA MNP LWAY 00 . sAI0 �J l2A N `PARCEL PORTION )• THAT ON OF WFST Hp", OF SEFYION TDWRSNIP 53.NOR194. TY, BEN2MORE FUAL DESCRIBED AS FO010WS;•' ANG RE :{ EAST. YLtf/JRETTE MOBDIAIL OI KWC WASHWGTOA. Pokket. F.00ERN VMEFiY LATE 6: T4 PORTION OF VACA1E�1i.EILO0L :12 T14RQU01 1E...INCUSIVE. AND TH "1. 5141L49 A0,39JING. GUN90!¢R'S INTERURBAN 4=014 TO SEATTLE. .. AcCORDNO TO THE PUT THEREOF. 91,03R00) VANCLJM ..1 OF PUTS, •• PAGE 46, N KING COUNTY. WASHINGTON. V94104 WAS VACATER.4Y 1146.; :, N16U OTY OF 1U N VOLUME 21 or 1)40:10140 COUNT CONN(5610NEi( RECORDS, PACE 203, AND RECORDED UNOER'RERINCi,WL4BER 310307; U BO THAT PORTION OF NELSON PLACE AND ND ISSUE ROAD N0. 1 KNOWN AS CHARLES MONSTER ROAD N0. 2 AND STEFJ.6 IBIS RO 943 hO).. , • VACATED BY VOUME 21 OF 114E 90940 000N NM1 1Y CO590N6R'S RECORDS PACE 148. AND INSTRUMENT RECORDED UNDER RECORDING NUMBER 6702100647. THAT PORTION OF SOU114 153RD STREET (FORMERLY 1NOWi AS 604109- , RENTON JUNCTKN ROAD N0. 673. BOND ISSUE NM 90. NN0 0019411 :ROAD N0. 1139 AND JAMES A. NE1.SEN ROM)) AS VACATED BY VOLUME E HON OF 714E G 00.161/ COM ISSIONEFS RECORDS. PACE 195. AND INSTRUMENT RECORDED UNDER RECORDING NUMBER 8702100041: AND , : *ORTIO$4.d FORME). BED OF THE WHITE-GREEN RIVER AI L 0440 O Y Of. THE NORTHEAST MARGIN OF THE pupa .•W ,OUND POyH( COMPANY PRORfRTY AS DE5088209 94 DEM •;• RE0ORTIM' UNDER R$CORONo.INYaa1(''0284YS9: AND LY191$90RIHERLY or fl4E (ORTNrAST AND JNCRTHERLY MARION Df PRIMARY STATtNIBMW5Y N0. semi 1. GIHi !!INNER D1TE�(LNAMOE: • •••- . '•, ALL As CONVEYED '1p• as ep1DO84ED t3Y 114E 5181E 841UNCTON :9 'DEEDS RECORDE12.U60ER RELORDOMO. : NUMBERS 500612. 6507261. 010773. 35G3T98A+6538182. ANQ:1 UNO418 4060 CWN?'Y SUPF{COR .. COURT CAUSE NUN801:690069;• ANS ,..... 311140 NORIHWESTE LY .CE THE oarruyegr NARON .O SECONDARY DrAYE '.•, HIGHWAY 1-4. (FORMERLY IWOW,1 lMK BLACK (OVER ,EJNETION- RENYa9 ROAD N0. 1193) AS CONVENED TO 10)10..00UNTY D RECORDED UNDER RECORDING NUMBER 2919460. ALSO •'.i. : Y..b � LINO 50U1NELLY OF 1)441 'BOUNDARY ENE' OESORLBEO, N BOUNDARY .: AGIE0IENT DATED MAY 22. 1973 AND FLED N KING COUNT( SUPERIOR • COURT OUSE NUMBER 725392 AND ALSO LYING WESTERLY OF THE WEST MARGIN OF T4E 100 FEET RIGHT OF WAY •'• •• CONVEYED TO CHICAGO. MILWAUKEE, AND St PAUL RAILWAY COMPANY BY DEED RECORDED UNDER 660060090 NUMBERS 453042 AND 995370 AND SAID WEST MARGIN WENDED NORINWES1ERLY PARALLEL TO THE CENTFRIANE OF SAID RAILROAD 1O 194E SWTIffAS1ERLr LINE OF LOT 31 OF INTERURBAN ADDITION TO SEATTLE. ACCORDING TO THE PLAT THEREOF. RECORDED N MARIE 10 OF PLATS PACE 55, N MONO COUNTY. WASH 14010 4. PARCEL E 103 256.4 BEGINNING AT A PONT ON THE SOUTH MARGIN OF SOUTH 153RD STREET (ALSO KNOWN AS ROAD N0. 673, JAMES NELSON ROAD, RENTON TD RENTON 21140104 ROAD. BOND ISSUE N0. 10 AND ROAD 140. 1139) *sot IS 347 FEET EASTERLY OF 114E INTERSECTION OF SAID SOUTH MARGIN w11H THE NORTHEASTERLY MARGIN OF THE 100 FOOT RIGHT OF WAY GRANTED AM CONVEYED TO THE SEATTLE- TACOMA INTERURBAN RAILWAY COMPANY (ALSO KNOWN AS THE PUGET SOUND ELECTRIC RAILWAY RIGHT OF wAY): THENCE EASTERLY ALONG SAID SOUTH MORON BD FEET: THENCE SOUTHERLY AT RIGHT ANGLES THERETO. 100 FEET; THENCE SOUTHWESTERLY PARALLEL WITH SAID SOUTH MARGIN 50 FEET: THENCE NORTHWESTERLY TO THE POINT OF BE0NNN0 EKCEDT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR P.S.H. 140. 1 BY DEED RECORDED UNDER RECORDING NUMBER 5535562: TOGETHER WITH THAT PORTION OF SAID SOUTH 15380 STREET AS vACA7ED BY PROCEEDINGS FRED N VOLUME 41 OF THE KING COUNTY COMMISSIONER'S 93000RDS, PAGE 195, AND BY INSTRUMENT RECORDED UNDER RECORDING NUMBER ,8702TODQ41, WHICH MAY HAVE ATTACHED BY OPERATION OF LAW. ' CE SURVEYS 1. UNRECORDED SURVEY BY 'DEA' OF 1165 SITE, 6/22/88 : >7. • SHORT PLAT RECORDING /7008210370 3. SURVEY V0. 0,1tAGE 70. 08201079003 4.'IDOK,OF MAY,PI.ANS, G RIVER N'ERCNAN9 30, 1962 .4 WAY PG GREEN 63)59 DEC. 16,1992 (APPSARS`(O'BE DEFEC1}1t) • 6..1I914TI$F IMAM PLANS AC SR 1BY`MP 6.17;YO 11P 13.02 S0. CORP. ;. UWTS OF■TUKWU TQ 90518' INTERCHANGE SHEET 5 OF B. WY 16. 1968. _ 1. LEGAL DESIUP s pat 060.40E 1311E NSU4ANCE COMMITMENT N0. 248 , 13 AND 340614. OCT 24, 1094 • 2. PARCEL SUELECT TO AND TOGETHER VAIN ALL RIGHTS. RESTRICTIONS, COVENANTS AND EASENENT6 OF RECORD. 3. ALL BEARINGS 940M ON THE FACE OF THE PUT WERE ROTATED 70 THE BASS OF BEARING 4. PORTIONS OF THE RECORD OESCRIPTON PREMED FOR PARCEL '8' DOES NOT FORM A MATHEMATICALLY 0.0SED FIGURE WTH THE DESCRIPTION OF SHORT PUT 79 -7 -5S RECORDED UNDER No. 790821370. HONEYS% THE ACTUAL LOCATION W 111E GREEN (*GTE) RIVER WOE DETERMINE U NES OF 0V64FRSHIP. VESIINCA ,; T11LE 'EQ THE ESTATE OR INTEREST IN THE LAND IS AT THE 696661;VE DATE HEREOF VEST®'AS•FDLLOWS PAR¢ELS MJ04AEL C0DF,418. ALSO APPEA)o1I0 OF RECORD 1101AEL J. GOLDFARB. .,(S HIS SSPERATE ESTATE:. A90:0,.111CHA0. DUNNE•;AND JOANN DUNNE 'NUSBAFIO' AND WIFE ASiTHER,NTERE3T5 1 M( APPEAR MARGARET 1)3[4.5901. RIOL6RO NILISN AMO.RAWOND.Ii1C,LSE F. :EA04 J!" •'. AS THEIR SEPA4ATE ESTATES. AS 1618 NTERESTS.4GY APPEAR • PARCEL E •M• WI.LLMN 8. O'NIELL. HELEN M BURRELL AND MARGARET L:•CAMPBELI: ;SHEET 2: 2 Joe N0. 1:4715' MEM*H 960 MAR 2 3 2 007 ����PNiTy STATE OF WASHINGTON CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and arc true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, a ents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 72- 0 A'Jb I d rut,' C n/7M my 'N it - i,t/ ILA , Wd gel 9a for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. The City shall, at its discretion , cancel the application without refund of fees, if the applicant does not respond to specific requests for items on the "Complete Application Checklist" within ninety (90) days. EXECUTED at , 4 , ` U---7 �v / ^'� ��Gl (city), (stele), on 2 3 e 2 0 (Print Nam (Pho ber) ,l/` (Address (Signature) On this day personally appeared before me S R Hu t'sh to me known to be the individual who executed the foregoing instrument and acknowledged that he/she-signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 23rd J DAY OF Ma rd a. ,�� JG 4 . D 6 - t i � ��� residing at PU IC in and for the State Washington i — Ir. ��SSION Aj• ' �1 My Commission expires on a /f?. d X p �OTAgY • 9 't' ;, � ° (PUBLN ' _ it It y 9 >' •• ••6 -16-CA./C? ' I'�I FO , � �� F �WAS N\� 20 P: \Planning Forms 'Applications \BLA- LC- 12 -06.doc December 4, 2006 • RECEIVE-1110 MAR 2 . 1001 CITY OF TUKWILA DEVEL°PmIE LINE Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 ADJUSTMENT /LOT Telephone: (206) 431 -3670 FAX (206) 431 -3665 CONSOLIDATION E - mail: tukolanaci.tukwila.wa.us APPLICATION NAME OF PROJECT/DEVELOPMENT: FA ""` (-‘1 C-E T ►� / ('owt FoCr Soil-ES LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 7 300 A-x fb 7 Zv o r u rJ C-E,vm u./ Aq -rtl L , 14/,4 . q e / $8 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 2N 2 36q- 6 3 A-10 /,) 2 2_30q -/o/ 3 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: STEQLkE . 100 Address: 33701 ` 1 = AV E S . r �D� 11 W / W14 610003 Phone: "Z-C — I ( fi g 0/ FAX: E -mail: STEU E � ur LO N � Signature: Date: P: \Planning Forms \Applicalions\BLA- LC- 12- 06.doc a< 3-X 6 / - 77i' December 4. 2006 FOR STAFF USE ONLY Permits Plus Type: P- BLA/LC Planner: File Number: 1_3- -0 _ Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: • RECEIVE-1110 MAR 2 . 1001 CITY OF TUKWILA DEVEL°PmIE LINE Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 ADJUSTMENT /LOT Telephone: (206) 431 -3670 FAX (206) 431 -3665 CONSOLIDATION E - mail: tukolanaci.tukwila.wa.us APPLICATION NAME OF PROJECT/DEVELOPMENT: FA ""` (-‘1 C-E T ►� / ('owt FoCr Soil-ES LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 7 300 A-x fb 7 Zv o r u rJ C-E,vm u./ Aq -rtl L , 14/,4 . q e / $8 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 2N 2 36q- 6 3 A-10 /,) 2 2_30q -/o/ 3 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: STEQLkE . 100 Address: 33701 ` 1 = AV E S . r �D� 11 W / W14 610003 Phone: "Z-C — I ( fi g 0/ FAX: E -mail: STEU E � ur LO N � Signature: Date: P: \Planning Forms \Applicalions\BLA- LC- 12- 06.doc a< 3-X 6 / - 77i' December 4. 2006 Check items submitted with application Information Required. 0 Com IT E� May be waived in unusual cases, upon approval of both Public Works and Planning APPLICATION MATERIALS: V 1. Application Checklist (1 copy) indicating items submitted with application. V 2. Completed Application Form and drawings (4 copies). V 3. One set of all plans reduced to 8 1/2" by 11" or 11x17". 4. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). 5. Application Fee — BLA in LDR $295, other zones $525. -- Lot Consolidation in LDR $90, other zones $175. PROJECT DESCRIPTION AND ANALYSIS: ✓ 6. Vicinity Map with site location. 7. Clearly establish status as separate legal lot(s) of record (per TMC Title 17 and RCW Chapter 58.17), showing all known easements and encumbrances. ' 8. Provide any required maintenance agreements, easements or other documents ready for recording. ,/ 9. Provide King County Health Department approval if there are any septic systems on site. Items 9 through 11 NOT required for lot consolidations or BLAs without vacant lots V 10. Sewer and water availability letters are required from the provider district if the area is not serviced by the City of Tukwila. Forms are available at the DCD office. 11. Provide two copies of sensitive area studies such as wetland or geotechnical reports if needed per Tukwila's Sensitive Areas Ordinance (TMC 18.45). See Geotechnical Report Guidelines and Sensitive Area Special Study Guidelines (online at www.ci .tukwila.wa.us /dcd/dcdplan.htm) for additional information. RECORDING DOCUMENT: Templates are available from the City t/ 12 (a) The recording document must meet the King County Assessor's recording format requirements (letter, legal or record of survey format). Only documents prepared by a surveyor may be in record of survey format (18 "x24 "). ✓ (b) Drawing must include a graphic scale, space for the City of Tukwila file number and north arrow. It shall include the elements listed at TMC 17.08.030 B. V (c) Provide legal descriptions of all lots before and after the proposed changes. V (d) The recording documents must include signature blocks for the owner(s), Short Subdivision Committee, Assessor, and Recorder (listed on the template, see TMC 17.04.060). COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived. Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206 -431 -3670 (Department of C AMR 2 Development) and 206 -433 -0179 (Department of Public Works). P: \Planning Forms \Applications\BLA- LC- 12- 06.doc December 4, 2006 T Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning ✓ (e) Existing and proposed lot lines shall be shown solid with new lines called out and lot lines to be removed shall be shown dashed. (f) Show existing and proposed utility easements (water, sewer, septic drainfields, power, natural gas, telephone, cable). 1,/ (g) List total lot area and average width of each proposed residential lot. (h) Dash in required setback distances from all parcel lot lines. (i) Show any required fire access lanes and turn- arounds per Fire Department standards. (j) Show the location and distance to proposed property lines of all existing structures, indicating those to be removed. SENSITIVE AREAS PLAN: NOT required for lot consolidations or BLAs without vacant lots 13 (a) Location of all sensitive areas (e.g. streams, wetlands, slopes over 20 %, coal mine areas and important geological and archaeological sites). For stream frontage provide existing and proposed top of stream bank, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr. flood). Maximum sheet size 24" x 36 ". (b) Location of all required sensitive area buffers, setbacks, tracts and protection measures. (c) Show all significant trees (4" or more in diameter measured 4.5 feet above grade), indicating those to be retained and those to be removed. A tree permit will be required for removal of any significant trees within a sensitive area or its buffer. (d) Show proposed lot and tract lines. CIVIL PLANS: NOT required for lot consolidations or BLAs without vacant lots 14 (a) Include a graphic scale and north arrow. Maximum sheet size 24" x 36 ". (b) Vertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion calculations to NGVD 1929, if in a flood zone or flood -prone area. (c) Existing and proposed utility easements and improvements, on site and in street (water, sewer, power, natural gas, telephone, cable). Schematic designs to be provided regardless of purveyor (e.g. site line size, location, and size of public main). No capacity calcs, invert depth, valve locations or the like are needed. (d) Storm drainage design at least 90% complete, which meets the King County Surface Water Design Manual (KCSWDM). Include a Technical Information Report (TIR) including feasibility analysis if required by the Manual. Call out total existing and proposed impervious surface in square feet. Include all storm drainage conveyance systems, water quality features, detention structures, maintenance access and safety features. For additional guidance contact Public Works or go to www.ci. tukwila. wa. us /pubwks /pwpermit.htm#techinfo. (e) Locate the nearest existing hydrant and all proposed hydrants. (f) Show the 100 yr. flood plain boundary and elevation as shown on FEMA maps. (g) Plan, profile and cross - section for any right -of -way improvements. (h) Show planned access to lots, driveways, fire access lanes and turn- arounds. (i) Show the location and distance to proposed property lines of all existing structures, indicating those to be removed. (j) Show proposed lot and tract lines. P: \Planning Forms \Applications \BLA- LC- 12- 06.doc December 4. 2006 DECLARATION: Know all men by these presents, that we the undersigned, owner(s) in fee simple of the land herein described do hereby make a Boundary line Adjustment / Lot Consolidation. The undersigned further declare this to be the graphic representation of said Boundary Line Adjustment / Lot Consolidation and the 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. Name Name Name STATE OF WASHINGTON County of King City of Tukwila On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the same as his /her voluntary act and deed for the uses and purposes mentioned therein. GIVEN under my hand and official seal this _ day of 200_ STATE OF WASHINGTON County of King City of Tukwila City of Tukwila, Signature: Name as commissioned: Title: My appointment expires: On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the same as his /her voluntary act and deed for the uses and purposes mentioned therein. GIVEN under my hand and official seal this _ day of 200_ APPROVALS Department of Community Development approved this day of A.D.. 200_ Chairman. Short Subdivision Committee City of Tukwila KING COUNTY DEPARTMENT OF ASSESSMENTS: Examined and approved this day of A.D.. 200_ Account Number King County Assessor NO. L07- 021 A portion of the SW 1/4 of the NW 1/4 of Section 24, Township 23 N., Range 4 E., W.M. King County, Washington APPROVAL NOTE: NEW LEGAL DESCRIPTIONS: Deputy King County Assessor RECORDING CERTIFICATE: Recording No. Filed for record this day of 2007 at _M. in book of Surveys at page _at the request of Stephen H. Moods JJV V1 \JJAlb .1. LAND SURVEYOR'S CERTIFICATE: I. Stephen H. Woods. registered as a land surveyor by the State of Washington, certify that this Boundary Line Adjustment is based on an actual survey of the land described herein. conducted by me or under my supervision: that the distances, courses and angles are shown thereon correctly: and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on ground as depicted on the Boundary Line Adjustment. Lll\ L' £LLJIJ V 1J 1 111.111 J. 1 This request qualifies for exemption under KCC 19A.28. It does not guarantee that the lots will be suitable for development now or in the future. The legal transfer of the property must be done by seperate instrument, unless all the lots herein are under the same ownership. OLD LEGAL DESCRIPTIONS: Adjusted Parcels 2 and 3 of City of Tukwila Boundary Line Adjustment Number L98 -0028, recorded under Recording Number 9806309017, in King County, Washington. being a portion of the West half of Section 24. Township 23 north, Range 4 east, Willamette Meridian. in King County. Washington. EASEMENT NOTES: This property is subject to easements and reservations filed under Recording Numbers 337825. 2747448, 3021385, 4743159, 5353689. 5552672. 5769188, 5738519, 8303010477, 8702100641. 9809250836. 9812090543. 9904151147 and 2919485. SURVEYOR'S NOTES: 1) The monument control shown for this site was accomplished by field traverse utilizing a three (1) second theodolite with integral electronic distance measuring meter (Geodimeter 600). Linear and angular closure of the traverses meet the standards of WAC 332 -130 -090. 2) 3) 4) Utilities other than those shown may exist on this site. Only those which are visible or having visible evidence of their installation are shown hereon. This survey represents physical improvement conditions as they existed February 8. 2007, the date of this field survey. Full reliance for legal descriptions and recorded easements have been placed on the title report from Chicago Title Insurance Company Commitment order No. 1227939. dated Feb. 09. 2007. No additional research has been attempted. Signature: Name as commissioned: 5) Offset dimensions shown hereon are measured Title: perpendicular to property lines. My appointment expires: EASEMENT NOTES: This property is subject to but not limited to existing easements, convenants, agreements and reservations filed under Recording Numbers 33785, 2747448, 3021385, 4743159, 5353689, 5552672. 5769188. 5738519. 8303010477, 87020100641, 9809250836, 9812090543, 9904151147 and 2919485. Parcel 2 Commencing at the most northwest corner of Lot 2 of City of Tukwila Boundary Line Adjustment No.L98 -0028: thence South 22'01'42" West. a distance of 229.49 feet: thence South 22'58'18" East. a distance of 166.10 feet: thence South 64'48'08" East. a distance of 5.90 feet: thence South 21'14'11" West. a distance of 38.16 feet to a point of cusp on a curve concave to the southwest having a radius of 163.00 feet and a central angle of 22'45'54" and being subtended by a chord which bears South 61'18'35" East 64.34 feet: thence easterly and southeasterly along said curve. a distance of 64.76 feet to a point of cusp: thence North 24'09'32" East, a distance of 41.99 feet: thence North 65'34'09" East. a distance of 149.44 feet: thence North 54'43'56" East. a distance of 207.60 feet: thence North 33'14'15" West, a distance of 25.64 feet: thence North 53'52'52" East. a distance of 79.35 feet: thence North 19'58'32" West. a distance of 263.49 feet to the north line of said Lot 2: thence South 72'00'00" West. a distance of 65.58 feet thence South 71'30'00" West. a distance of 55.00 feet thence South 79'20'00" West. a distance of 70.00 feet thence South 69'00'00" West. a distance of 65.00 feet thence South 66'40'00" West. a distance of 55.00 feet thence South 70'00'01" West. a distance of 15.94 feet to the point of beginning: Parcel 3 Commencing at the most northwest corner of Parcel 3 of City of Tukwila Boundary Line Adjustment No.L98 -0028: thence South 77'29'58" West. a distance of 3.44 feet: thence South 72'00'00" West. a distance of 14.42 feet: thence South 19'58'32" East. a distance of 263.49 feet: thence South 53'52'52" West. a distance of 79.35 feet: thence South 33'14'15" East, a distance of 25.64 feet: thence South 54'43'56" West, a distance of 207.60 feet: thence South 65'34'09" West. a distance of 149.44 feet: thence South 24'09'32" West. a distance of 41.99 feet: thence South 48'34'38" East. a distance of 119.69 thence North 81'24'26" East. a distance of 106.02 feet: thence South 08'35'34" East. a distance of 60.00 feet: thence South 17'41'53" West. a distance of 29.84 feet to the beginning of a curve radial to said line: thence easterly a distance of 68.73 feet along the curve concave to the north. having a radius of 182.00 feet and a central angle of 21'38'15 ": thence North 66'58'45" East. a distance of 152.75 feet: thence South 23'01'15" East. a distance of 20.00 feet: thence North 66'58'45' East. a distance of 482.07 feet to the beginning of a curve concave to the west having a radius of 1860.08 feet and a central angle of 20'11'41" and being subtended by a chord which bears North 22'06'59" West 652.22 feet: thence northwesterly along said curve. a distance of 655.61 feet to a point of cusp: thence South 48'14'49" West. a distance of 134.07 feet: thence North 33'54'49" West. a distance of 26.08 feet thence South 55'20'00" West. a distance of 51.46 feet thence South 77'30'00' West, a distance of 55.00 feet thence South 74'00'00" West. a distance of 50.00 feet thence South 77'30'00" West, a distance of 51.56 feet to the Point of Beginning. VERTICAL DATUM: FEMA (NGVO 1929) AREAS: Existing Lot 2 163.350 Sq.Ft. 3.750 Acres Lot 3 351.870 Sq.Ft. 8.078 Acres • CENTRE P INTE Swvsyh /ne, P.B. 33701 9th Avenue South - Federal Way, WA 98003 253 - 661 -1901 main 253 - 661 -7719 fax DRAW Bt D Woods umc May 15. 2007 =Met S Woods wa au 1450 Proposed 155.710 Sq.Ft. 3.575 Acres 359.510 Sq.Ft. 8.253 Acres 0 IBC Oak SW -NW 24, T23N, R4E, WM swum Family Fun Centers 29111 Southwest Town Center Loop West Wilsonville, OR. 97070 KING COUNTY, WASHINGTON C T TT.9 T.'IT, 4 #- ri n RECEIVED MAY 16 2007' Power transmission line easement filed under Rec. No.'s 6564888 6 6564889 Parcel 2 25' Setback line ' Setback line Parcel 3 5' Setback line �5' Setback '- River Protection Easement Rec. No.20050223000003 S21'14'1114 • 38.16' a A= 88'56' L= 253.0 V1111 Ce1 a A portion of the City of Tukwila, 0 60 120 SCALE: 1" = 60' 130 U N DAN Y LINE AIM U i 1"MJ N "1" N0. L07- 021 SW 1/4 of the NW 1/4 of Section 24, Township gti3Oe Gcee p0 _ pp• E 20.0p'E sn ,i.......7.21,5......... 55 5 0 N79' ,, _ Me c \ vo 9 ht ` � P ` t, o f \ \ ENett Pe or �p 9 9 2 5' Setback 1 ie--\ 9_ /5 ;°° cord 00 we 5B'E 3.44' e King County, ./ A 79 * / • CENTRE PIJINTE Surveying, Inc„ P.S. 33701 9th Avenue South - Federal Way, WA 98003 253 -661 -1901 main 253 - 661 -7719 fax D3111 BY ' D Woods Icamm BY: S Woods May 15. 9007 GT JOB NO.: 23 N., Range 4 E., W.M. Washington 1450 Vicinity map = 1320 Setbacks: Front 25 feet Side 5 Feet Rear 5 Feet IN= Mk SW -NW 24, T23N, R4E, WM MWMTFOR Family Fun Centers 29111 Southwest Town Center Loop West Wilsonville. OR. 97070 KING COUNTY, WASHINGTON DECLARATION: Know all men by these presents, that we the undersigned, owner(s) in fee simple of the land herein described do hereby make a Boundary line Adjustment / Lot Consolidation. The undersigned further declare this to be the graphic representation of said Boundary Line Adjustment / Lot Consolidation and the 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. Name Name Name STATE OF WASHINGTON County of King City of Tukwila On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the same as his /her voluntary act and deed for the uses and purposes mentioned therein. GIVEN under my hand and official seal this _ day of 200_ STATE OF WASHINGTON County of King City of Tukwila BOUNDARY LINE ADJUSTMENT NO. A portion of the SW 1/4 of the NW 1/4 of Section 24, City of Tukwila, Signature: Name as commissioned: Title: My appointment expires: On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the same as his /her voluntary act and deed for the uses and purposes mentioned therein. GIVEN under my hand and official seal this _ day of 200_ APPROVALS: Department of Community Development approved this day of A.D., 200_ Chairman. Short Subdivision Committee City of Tukwila KING COUNTY DEPARTMENT OF ASSESSMENTS: Examined and approved this day of A.O.. 200 . Account Number King County Assessor RECORDING CERTIFICATE: Recording No. Filed for record this day of 2007 at _ : _.N. in book _of Surveys at page _ at the request of Stephen H. Woods Manager Superintendent of Records Signature' Name as commissioned: Title: My appointment expires: Deputy King County Assessor LAND SURVEYOR'S CERTIFICATE: I. Stephen H. Woods, registered as a land surveyor by the State of Washington. certify that this Boundary Line Adjustment is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown thereon correctly: and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on ground as depicted on the Boundary Line Adjustment. Stephen H. Woods Certificate No. 38965 King County, APPROVAL NOTE: This request qualifies for exemption under KCC 19A.28. It does not guarantee that the lots will be suitable for development now or in the future. The legal transfer of the property must be done by seperate instrument, unless all the lots herein are under the same ownership. OLD LEGAL DESCRIPTIONS: Adjusted Parcels 2 and 3 of City of Tukwila Boundary Line Adjustment Number L98 -0028. recorded under Recording Number 9806309017. in King County. Washington, being a portion of the West half of Section 24. Township 23 north, Range 4 east, Willamette Meridian, in King County. Washington. Easement Notes: This property is subject to easements and reservations filed under Recording Numbers 33785, 2747448, 3021385. 4743159. 5353689. 5552672, 5769188, 5738519, 8303010477, 87020100641, 9809250836, 9812090543. 9904151147 and 2919485. Surveyor's Notes: 1) The monument control shown for this site was accomplished by field traverse utilizing a three (i) second theodolite with integral electronic distance measuring meter (Geodimeter 600). Linear and angular closure of the traverses meet the standards of WAC 332 -130 -090. 2) Utilities other than those shown may exist on this site. Only those which are visible or having visible evidence of their installation are shown hereon. 3) This survey represents physical improvement conditions as they existed February 8. 2007, the date of this field survey. 4) Full reliance for legal descriptions and recorded easements have been placed on the title report from Chicago Title Insurance Company Commitment order No. 1227939. dated Feb. 09. 2007. 1996. No additional research has been attempted. 5) Offset dimensions shown hereon are measured perpendicular to property lines. Township 23 N., Range 4 E., W.M. Washington NEW LEGAL DESCRIPTIONS: Parcel 2 Commencing at the most northwest corner of Lot 2 of City of Tukwila Boundary Line Adjustment No.L98 -0028: thence South 22'01'42" West. a distance of 229.49 feet: thence South 22'58'18" East, a distance of 166.10 feet: thence South 64'48'08" East, a distance of 5.90 feet: thence South 21'14'11" West, a distance of 38.16 feet to a point of cusp on a curve concave to the southwest having a radius of 163.00 feet and a central angle of 22'45'54" and being subtended by a chord which bears South 61'18'35" East 64.34 feet; thence easterly and southeasterly along said curve. a distance of 64.76 feet to a point of cusp; thence North 24'09'32" East. a distance of 41.99 feet: thence North 65'34'09" East. a distance of 149.44 feet; thence North 54'43'56" East, a distance of 207.60 feet: thence North 33'14'15" West, a distance of 25.64 feet: thence North 53'52'52" East, a distance of 76.79 feet: thence North 19'58'32" West, a distance of 264.28 feet to the north line of said Lot 2: thence South 72'00'00" West, a distance of 63.13 feet thence South 71'30'00" West. a distance of 55.00 feet thence South 79'20'00" West. a distance of 70.00 feet thence South 69'00'00" West. a distance of 65.00 feet thence South 66'40'00" West. a distance of 55.00 feet thence South 70'00'01" West, a distance of 15.94 feet to the point of beginning: Parcel 3 Commencing at the most northw st corner of Parcel 3 of City of Tukwila Boundary Line Adjustment No.L98 -0028: thence South 77'29'58" West, distance of 3.44 feet; thence South 72'00'00" West, distance of 16.87 feet; thence South 19'58'32" East. distance of 264.28 feet: thence South 53'52'52' West, distance of 76.79 feet: thence South 33'14'15" East. distance of 25.64 feet: thence South 54'43'56" West. distance of 207.60 feet; thence South 65'34'09" West. distance of 149.44 feet: thence South 24'09'32" West. distance of 41.99 feet: thence South 48'34'38" East. distance of 119.69 thence North 81'24'26" East, distance of 106.02 feet: thence South 08'35'34" East, distance of 60.00 feet: thence South 17'41'53" West, distance of 29.84 feet to the beginning of a curve radi 1 to said line: thence easterly a distance of 68.73 feet along the curve concave to the north, having radius of 182.00 feet and a central angle of 21'38'15"; thence North 66'58'45" East, distance of 152.75 feet: thence South 23'01'15" East. distance of 20.00 feet; thence North 66'58'45" East. distance of 482.07 feet to the beginning of a curve conc ve to the west having a radius of 1860.08 feet and a entral angle of 20'11'41' and being subtended by a chor which bears North 22'06'59" West 652.22 feet: thence northwesterly along said curve, a distance of 655.61 feet to a point of cusp; thence South 48'14'49" West. a distance of 134.07 feet: thence North 33'54'49" West, a distance of 26.08 feet thence South 55'20'00" West. a distance of 51.46 feet thence South 77'30'00" West, a distance of 55.00 feet thence South 74'00'00" West. a distance of 50.00 feet thence South 77'30'00" West, a distance of 51.56 feet to the Point of Beginning. Vertical Datum: FEMA (NCVO 1929) AREAS: Lot 2 CENTRE Su veying, Ine., P.S. 33701 9th Avenue South - Federal Way, WA 98003 253- 661 -1901 main 253 - 661 -7719 fax DRAWN BY: 0 Woods INTE CHECKED BY: S Woods DATE Mar. 12. 2007 soak DNA JUN Na: 1450 DRAM NAVE BLA Existing Proposed 163,350 Sq.Ft. 3.750 Acres Lot 3 35i, 870 Sq.Ft 360, 155 Sq.Ft. 8.268 Acres 8.078 Acres 155. 070 Sq.Ft. 3.560 Acres RECEIVED MAR 2 3 2007 COMMUNITY DEVELOPMENT INDEX Iles SW -NW 24, T23N, R4E, WM SURVEY FOR Family Fun Centers 29111 Southwest Town Center Loop West Wilsonville, OR. 97070 KING COUNTY, WASHINGTON SHEET 1 OF 2 • `s■ ( 0 60 120 SCALE: 1" = 60' • A0; 9 . 20 . 0 0.E / �� A • / • 5' Setback line- / 5.90' 1%9.- 5' Setback line S2114 p� • 38.16' L °253.04.40 4$•5 Ft1II Cea • • \ \ 25' Setback line \ oi tit v BOUNDARY LINE ADJUSTMENT NO. / = d= =182 38.15. / A portion of the SW 1/4 of the NW 1/4 of Section 24, Township 23 N., Range 4 E., W.M. City of Tukwila, King County, , Washington �\ / \ ,t, - / , \ E6� / / / / \ RtiNe'r a 'm -/ \ G'r N71 '00'E 3.11' \ n0 'p 0 E - 5' Setback line \ / gi.66' \ Power transmission line easement filed under Rec. No.'s 6564888 6 6564889 5' Setback line • - L 11 '- River Protection Easement \ �i - Rec. No. 20050223000003 v 9 \ `� : �� r off\ `'� o m °m\ Vie. • \ t Vicinitt map \ 00 1- 1320' Setback line \ O \\ � 0 .°a '� \ Parcel 3 \ .7 � r ,_ 0 . ^ „ _ v n h 5' Setback line t )4. ., k../ -1- u........ \ / 'Zr. as 0l • AU K' A5i vtsY rte ,•3Y • CENTRE PflINTE Surveying Inc., P.S. 33701 9th Avenue South - Federal Way, WA 98003 253 - 661 -1901 main 253 -661 -7719 fax DRASN Br: 0 Woods DAYS Mar. 12. 2007 SCALE i" = 60' Gam® BY: S Woods MB NO.: 1450 DRAWING NATO: BLA • RECEIVED MAR 2 3 2007 DEVELOPMENT Setbacks: Front 25 feet Side 5 Feet Rear 5 Feet , INDEX DATA: SW -NW 24, T23N, R4E, WM SURVEY POR Family Fun Centers 29111 Southwest Town Center Loop West Wilsonville. OR. 97070 KING COUNTY, WASHINGTON SHEET 2 OF 2 • -