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HomeMy WebLinkAboutCOW 2015-01-26 Item 4B - Agreement - Tukwila Village Library Parcel Purchase and Sale AgreementCOUNCIL AGENDA SYNOPSIS Iniiialr Meeting Date Prepared by Mayor's review Council review 01/26/15 DCS .eel' kC (A 02/02/15 _ DCS .ofeieeC__ SPONSOR [] Council 1 i Mayor ❑ HR • DCD ❑ Finance • Fire ❑ IT ❑ P&R. ❑ Police ❑ PW SPONSOR'S The Council is requested to authorize the Mayor to execute an agreement to sell a portion SUMMARY of the Tukwila Village property to the King County Library System for a new library. REVIEWED BY ❑ COW Mtg. Utilities Cmte DATE: • CA &P Cmte ❑ F &S Cmte ❑ Parks Comm. CHAIR: • Transportation Cmte ITEM INFORMATION ITEM" No. 5 STAFF SPONSOR: DEREK SPECK ORIGINAL AGENDA DATE: 01/26/15 AGENDA ITEM TITLE Tukwila Village: Sale of land parcel to King County Library System CATEGORY / Discussion Mtg Date 01/26/15 2 Motion Mtg Date 02/2/15 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR [] Council 1 i Mayor ❑ HR • DCD ❑ Finance • Fire ❑ IT ❑ P&R. ❑ Police ❑ PW SPONSOR'S The Council is requested to authorize the Mayor to execute an agreement to sell a portion SUMMARY of the Tukwila Village property to the King County Library System for a new library. REVIEWED BY ❑ COW Mtg. Utilities Cmte DATE: • CA &P Cmte ❑ F &S Cmte ❑ Parks Comm. CHAIR: • Transportation Cmte ❑ Arts Comm. ❑ Planning Comm. COM1vIIl lEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMIITEE Mayor's Office COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/26/15 MTG. DATE ATTACHMENTS 01/26/15 Informational Memorandum dated 1/2.1,E15 Proposed Term Sheet dated 6/20/12 Proposed Purchase and Sale Agreement Draft Lot Consolidation Maps 5 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Economic Development Administrator DATE: January 21, 2015 SUBJECT: Tukwila Village: Sale of Parcel for Library ISSUE The Council is being asked to authorize the Mayor to execute an agreement to sell a portion of the Tukwila Village property to the King County Library System for a new library. BACKGROUND For many years the City and the King County Library System (KCLS) have expressed a desire for KCLS to open a branch library as part of the City's Tukwila Village development to replace the existing branch at 4060 South 144th Street. In 2010 KCLS expressed a desire to build a stand -alone library building and evaluated three sites within Tukwila Village and determined that the northeast corner of the intersection of Tukwila International Boulevard and South 144th Street was the best option. In early 2011 KCLS presented their analysis to the City Council and the Council approved a strategy that started a developer selection process for Tukwila Village while also starting negotiations with KCLS such that if the such that if KCLS and the developer could not reach an agreement, the City could sell the property to KCLS. In summer 2011 the City Council selected Tukwila Village Development Associates, LLC (TVDA) as the developer for Tukwila Village. The three parties (City, KCLS and TVDA) then negotiated basic terms that would enable KCLS to purchase its property directly from the City while ensuring the library's parcel would be integrated into the site development plan. In June 2012 the City Council authorized the Mayor to continue to negotiate with KCLS based upon the terms as generally outlined in the proposed term sheet dated June 20, 2012 (attached). Since 2012 TVDA, KCLS, and the City have invested considerable time completing the site plans, determining lot lines, completing building plans and negotiating easements and other agreements. KCLS would like to start construction in the next few months and needs to purchase the library parcel prior to issuing bids. Once the City and KCLS execute a purchase and sale agreement, we can open escrow. Before the City can close escrow to complete the sale to KCLS, the parcel needs to be created. In November 2014 TVDA submitted a revised lot consolidation application for the City to use to consolidate twenty-one parcels into five. The City is reviewing that application and staff anticipates approval in February. DISCUSSION KCLS and the City have negotiated a proposed purchase and sale agreement (attached) that very closely follows the terms from the term sheet that the Council previously approved with a few new terms. The key terms in the proposed purchase and sale agreement are: 7 INFORMATIONAL MEMO Page 2 1. Property: The City will sell the 20,799 square foot corner lot (as shown in Attachment B) to KCLS subject to parking and access easements. 2. Price: KCLS will pay the City $500,000. 3. Lot Consolidation: Escrow will close after the City has approved TVDA's lot consolidation application. 4. Permits: Escrow will close after the City is ready to approve the KCLS building permit subject to payment of fees, 5. Repurchase rights: If KCLS does not commence construction of the library within six months following close of escrow or achieve substantial completion of the library with two years after commencing construction, the City has an opportunity to repurchase the property at a price of $500,000 less the amount KCLS has spent the design, development, and construction of the library. 6. Frontage Improvements: KCLS will pay the City for its proportionate share of improvements for 144th Street frontage improvements in the amount of $125,707. 7. Substitute Parking: TVDA has control of the non - library portion of Tukwila Village and will construct the library's parking and vehicle and pedestrian access. If TVDA defaults on its obligations and loses site control or fails to complete its site infrastructure, the City will agree to grant KCLS substitute easements for construction staging and parking related to library use on the Tukwila Village site, Great Bear motel, or Boulevard Motel sites until such time as the infrastructure is completed. Staff believes this situation is very unlikely to occur but it is a good protection to include in the purchase and sale agreement. FINANCIAL IMPACT Upon closing, the City would receive $500,000. Additionally, the City would receive $125,707 toward the City's cost of frontage improvements for South 144th Street. BUDGET IMPACT The $500,000 land sale proceeds are already budgeted in the Tukwila Village capital improvement project #90030222 (capital facilities fund #302). The $125,707 for street frontage improvements is included in the proposed mitigation for the South 144th Street capital improvement project #99510402 (bridge and arterial street fund #104). RECOMMENDATION The Council is being asked to authorize the Mayor to execute a purchase and sale agreement with the King County Library system in substantial conformance with the attached proposed agreement and consider this item at the January 26, 2015 Committee of the Whole meeting and subsequent February 2, 2015 Regular Meeting. ATTACHMENTS Proposed Term Sheet Dated 6/20112 Proposed Purchase and Sale Agreement Draft Lot Consolidation Maps 8 PROPOSED TERM SHEET 6/20/12 The City will sell the King County Library System (KCLS) a legal lot consisting of a portion of the northeast corner of the intersection of Tukwila International Boulevard and South 144th Street to KCLS for a 10,000 square foot library for a price of $500,000. The lot boundaries shall be mutually agreeable to KCLS, the Developer, and the City. 2. KCLS shall submit a conceptual site plan for the library parcel and a conceptual architectural design for the library building no later than 45 days following the date that Tukwila Village Development Associates LLC (the "Developer ") submits a complete design review application for the first phase of the Tukwila Village development. The conceptual site plan for the library parcel must be mutually agreed upon by KCLS and the Developer. City shall ensure the Developer's first phase shall include the shared infrastructure needed to operate a Library on the library parcel such as roads, shared utilities, shared parking areas and storm water /water quality detention system. 3. KCLS will submit building permit applications within ten months after the date the Developer submits building permit applications for the first phase. 4. KCLS and the City will close escrow after the KCLS building permit for the library and the Developer's building permits for the first phase are ready to be approved. If KCLS is unable to close escrow within 30 days from when its building permits are ready to be approved, the agreement terminates. 5. If KCLS has not substantially commenced construction of its branch library on the library parcel within six months from close of escrow or if KCLS has not completed construction within two years from substantially commencing construction (unless such failure to commence construction arises from any delay in construction or completion of the first phase of the Tukwila Village project or force majeure events), the City may re- purchase the Tukwila Library parcel at the same purchase price plus the reasonable cost of any improvements. 6. All facades of the library shall be of high quality design consistent with the Library System's standards for libraries recently built by KCLS. The City may use these standards during the design review process. 7. KCLS will pay to Developer a proportionate and reasonable contribution towards shared infrastructure costs that benefit the library branch and will agree to enter into reciprocal easements for shared utilities, vehicular and pedestrian access, parking, drainage, water quality treatment and detention systems, including shared maintenance costs. KCLS will not be required to pay a parking management fee_ 9 10 PURCHASE AND SALE AGREEMENT for Tukwila Library Parcel THIS PURCHASE AND SALE AGREEMENT ( "Agreement ") is entered into as of the day of , 2015 by and between the City of Tukwila, a municipal corporation operating under the laws of the state of Washington as a non - charter code city (the "C" or, in its capacity as owner of the Property, "Seller ") and the King County Rural Library District, d /b /a the King County Library System, a Washington rural library district (the "Library"). The City, the Developer (defined below) and the Library are sometimes referred to individually as a "Party" and collectively referred to in this Agreement as the "Parties ". The City and the Library have entered into this Agreement with reference to the following facts: RECITALS: A. The City owns approximately 187,000 square feet of land and right of way on the northeast corner of Tukwila International Boulevard plus approximately 90,000 square feet of land on the southeast corner of Tukwila International Boulevard, totaling approximately 6.4 acres which the City intends to be used for a mixed -use development it calls Tukwila Village. B. On October 30th 2012, the City entered into a Disposition and Development Agreement (the "DDA ") with Tukwila Village Development Associates, LLC, a Washington limited liability company (the "Developer ") for the conveyance and development of certain real property more particularly described in the DDA (the "Tukwila Village Property ") with the exception of an area containing 20,799 square feet in size located in the northeast corner of the intersection of Tukwila International Boulevard and South 144th Street reserved for future development of a branch of the King County Library System (the "Library Parcel" or the "Land "). The Tukwila Village Property does not include the Library Parcel. The City subsequently entered into a Development Agreement dated December 21, 2012 (the "Development Agreement ") with the Developer which sets forth certain development standards for the development of the Tukwila Village Property and a Temporary Usage Agreement dated August 18, 2014 (the "Developer Temporary Construction Easement ") whereby the City granted the Developer the right to undertake certain development or construction work on the Tukwila Village Property prior to Developer acquiring the Tukwila Village Property or individual Development Parcels thereof. C. The parties to the DDA intended that the boundaries of the Library Parcel would be established by mutual agreement of the Library, City and Developer through a Boundary Line Adjustment (as defined in Section 2.5 of the DDA) as a condition precedent to the sale of the Library Parcel to the Library. The Developer has submitted, and the City expects to approve, Lot Line Consolidation No. L13 -021 (in lieu of the originally contemplated Boundary Line Adjustment), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein, which creates Parcels A through D on real property owned by the City north of S 144th Street and Parcel E on real property owned by the City south of S. 144th Street (the "Lot Consolidation "). Parcel D is the Library Parcel and is hereinafter referred to in this Agreement as the "Land" or the "Library Parcel ", and the various easements to be recorded in connection therewith which consist of (i) an Access & Shared Parking Easement and Maintenance Agreement, (ii) Utility Easement and Maintenance Agreement, (iii) Waterline Easement (North Basin), (iv) Waterline Easement (South Basin), (v) Sanitary Sewer Easement Agreement, (vi) Storm Drainage and Detention Easement, and (vii) Public Storm Drainage Easement (collectively the "Lot Consolidation Easements "). The City and /or Developer will also record permanent access easements in favor of adjoining property owners Normandy Court Holdings and Samara Hubner, Inc. in the form previously negotiated with such parties. Following recording of the Lot Consolidation and the Lot Consolidation Easements, Developer and Library will also enter into an Access and Shared Parking Easement Agreement which will be recorded against new Development Parcels A, B, C and E and will benefit Development Parcels A, B and C located on the Tukwila Village Property and the Library Parcel. D. The Parties intend that the Developer shall be responsible for the design, engineering, development, construction, installation and ongoing maintenance and repair of Shared Infrastructure for the Tukwila Village Property ( "Shared Infrastructure "). The Shared Infrastructure includes, but is not limited to, all roads, 11 sidewalks and pedestrian walkways, street frontage improvements to Tukwila International Boulevard, surface parking areas, utility extensions and connections, stormwater drainage, detention and water quality treatment systems and landscaping on the Tukwila Village Property. Shared Infrastructure does not include the community plaza or community commons building or any other infrastructure that does not directly benefit the Library Parcel. E. The Developer and the City intend to enter into an agreement for payment in lieu of construction of street frontage improvements to S. 144th Street between Tukwila International Boulevard and 42nd Avenue S. (the "S. 144th Street Improvements Agreement "). The Library Parcel is located at the intersection of S. 144th Street and Tukwila International Boulevard. The Library Parcel's share of the cost of such improvements based upon street frontage is 15.71% or $125,707. F. The Parties intend for the Library and Developer to mutually agree upon a "Library Development Agreement" that describes the Developer's responsibilities for certain sidewalks and roads located on Parcels A, B and C, 12 parking spaces that will be reserved for exclusive use by the Library to be located on Parcel A immediately north of the Library Parcel and approximately 68 non - exclusive shared parking spaces to be located on Parcels A, B and C that benefit the Library Parcel (collectively, the "Library Shared Infrastructure ") and a cost allocation method for the Library to reimburse Developer for the Library's portion of the design, engineering, development, construction, installation and ongoing maintenance and repair of the Library Shared Infrastructure. The Parties do not intend for the Library to reimburse Developer for any costs incurred under the S. 144th Street Improvements Agreement or for any fees, costs, charges or expenses related to the community plaza or community commons building, any Shared Infrastructure other than the Library Shared Infrastructure or to pay parking or management fees to use the shared parking located on the Tukwila Village Property. G. The Parties intend for the Library Development Agreement to set forth the Developer's obligation to make the necessary improvements to the Developer's property such that sufficient parking is available on the Tukwila Village Property for the Library Parcel to meet parking requirements under the applicable provisions of the City Municipal Code for the development of an approximately 10,000 square foot branch library on the Library Parcel. The Parties further intend that the Library Development Agreement will include an agreement by the Developer to enter into a permanent access and shared parking easement (the "Library Access/Parking Easement ") with the Library which will, among other things, grant the Library and its agents, employees, Library patrons, and invitees exclusive rights to park in the twelve (12) parking spaces to be constructed on the south side of the access road abutting the north side of the future Library Parcel (the "Dedicated Library Parking "). The Parties acknowledge that the parking spaces to be constructed on the north side of the access road abutting the north side of the Library Parcel may be restricted for the exclusive use of the commercial and retail tenants on the Tukwila Village Property. H. In addition to establishing the Library's rights to the Dedicated Library Parking, the Library Access/Parking Easement will also establish certain perpetual easements benefitting and burdening the Tukwila Village Property and benefitting the Library Parcel for access to, and rights to use, the Shared Infrastructure including easements for roads, sidewalks and surface parking areas. Once the Library Access/Parking Easement and the terms of the various easements contemplated under the Lot Consolidation are agreed upon by the Developer and the Library, the Lot Consolidation, including the applicable easements contemplated thereunder, and the Library Access/Parking Easement, will be approved by the City, the Lot Consolidation and related easements will be executed by the City and the Developer, the Library Access/Parking Easement will be executed by the Developer and the Library and all documents recorded in the King County real property records prior to any sale by the City of the first Development Phase (as defined in the DDA) of the Tukwila Village Property to the Developer and /or the sale by the City of the Library Parcel to the Library. I. The Parties intend that the Library shall have responsibility for the design, engineering, development, construction and maintenance of all Library on -site infrastructure located on or under the Library Parcel and making utility service connections. J. In accordance with the foregoing, the City and the Library entered into negotiations to establish the terms and conditions upon which the City would convey the Library Parcel to the Library for development as a branch library to be owned and operated by the Library to replace the existing library branch located at 4060 South 144th Street in Tukwila. 2 12 K. The Library has finalized its site plan for the branch library to be built on the Library Parcel which has been approved by the City through its Board of Architectural Review ( "BAR ") design review process. L. The Parties have set forth their mutual understanding of the terms and conditions of conveyance of the Library Parcel to the Library, as follows: 1.1 ARTICLE 1: PROPERTY/PURCHASE PRICE Certain Basic Terms. (a) Library: (b) Seller: KING COUNTY RURAL LIBRARY DISTRICT, d/b /a KING COUNTY LIBRARY SYSTEM, 960 Newport Way NW Issaquah, WA 98027 -2702 Attn:Greg Smith Facsimile: (425) 369 -3310 (c) Title Company: (d) First American Title Insurance Company 818 Stewart Street, Suite 800 Seattle, WA 98101 Attn: National Commercial Services Facsimile: (206) 448 -6348 City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Attn: City Clerk With a copy to: Mayor @tukwilawa.gov Facsimile: (206) 433 -1833 Escrow Agent: First American Title Insurance Company 818 Stewart Street, Suite 800 Seattle, WA 98101 Attn: National Commercial Services Facsimile: (206) 433 -6348 (e) Date of this Agreement: The latest date of execution by Seller or Library, as indicated on the signature page. (f) Purchase Price: Five Hundred Thousand and no /100 Dollars ($500,000), subject to the prorations and adjustments provided for herein. (g) Land/Property. That certain real property located in the City of Tukwila, King County, Washington and more particularly described in Exhibit B attached hereto and by this reference incorporated herein and referred to herein as the "Land" together with the appurtenant easements for Dedicated Library Parking contemplated under the Access & Shared Parking Easement and Maintenance Agreement, the Library Access/Parking Easement and the Library Development Agreement described in Recitals G and H above. (h) Library Conditions Precedent to Closing. Library's obligation to purchase the Property (as defined in Paragraph 1.2) under this Agreement is expressly conditioned on, and subject to satisfaction of the following conditions precedent: of the Property; (i) Library shall have obtained the approval by its Board of Trustees to the purchase (ii) Library has obtained financing for its purchase and development of the Property; (iii) The Lot Consolidation and appurtenant Lot Consolidation Easements in form reasonably acceptable to the Library and necessary to cause the Land to constitute a legal lot separate from other real property owned by Seller and/or Developer, has been completed;. 3 13 (iv) Library has approved the environmental condition of the Property which shall be acceptable to Library in its sole and absolute discretion; (v) Library and Developer have approved and fully executed the Library Development Agreement as described in Recitals F, G, and H and have approved the terms and conditions of the Access & Shared Parking Easement and Maintenance Agreement, the Library Access/Parking Easement and the other easements contained therein including the Temporary Use Agreement as defined below and any additional easements contemplated under the Library Development Agreement (collectively, the "Library Easements "); (vi) City has recorded the Lot Consolidation and the Lot Consolidation Easements contemplated thereunder and the Library Access/Parking Easement setting forth the easements as described in Recital H each in a form reasonably acceptable to the Library; (vii) Final City approval has been obtained for the Street Vacation and the Street Vacation Agreements, each as defined in the DDA and the S. 144th Street Improvements Agreement; and (viii) City and Developer shall have amended the Developer Temporary Construction Easement to exclude the Library Parcel therefrom and Developer shall have granted the Library a temporary construction and parking easement for construction staging and temporary parking on the Tukwila Village Property at the locations identified therein in a form reasonably acceptable to the Library during the construction of the First Development Phase and the construction of a public library on the Library Parcel (the "Temporary Use Agreement "). (i) Seller Conditions Precedent to Closing. Seller's obligation to sell the Property (as defined in Paragraph 1.2) under this Agreement is expressly conditioned on, and subject to satisfaction of, the following conditions precedent: (i) Library has all regulatory permit approvals required to commence construction of the branch library, including, but not limited to, approval by the City of a building permit for the branch library subject only to payment of the required permit fees. (ii) Library and Seller have agreed on the terms and conditions by which the Seller has the right to re- purchase the Property from the Library for the same purchase price set forth herein, plus the Library's actual costs incurred in the design, development and construction of the branch library on the Property to the date of repurchase in the event that the Library has not (a) commenced construction of the branch library within six (6) months following the Closing, or (b) the Library has not achieved substantial completion of the branch library building within twenty -four (24) months following commencement of construction of the branch library; unless such failure to commence or complete construction arises from any delay in commencement or completion of construction of (x) the First Development Phase of the Tukwila Village project, (y) the Shared Infrastructure or the Library Shared Infrastructure, or (z) the occurrence of Force Majeure Events as set forth herein or in the DDA or Development Agreement. The Seller's repurchase right is set forth in Article 9 of this Agreement. (j) Due Diligence Period: The period ending ninety (90) days after the Date of this Agreement; provided, however, that in the event all of the conditions precedent set forth in Paragraph 1(h) above have not been satisfied through no fault of Library, Library shall have the right to extend the Due Diligence Period for up to an additional sixty (60) days upon written notice delivered to Seller and Escrow Agent. (k) Closing Date: Thirty (30) days after Library's delivery of the Notice to Proceed as defined in Paragraph 2.2 or such earlier time as Library may designate upon ten (10) days' prior written notice to Seller. 1.2 Property. Subject to the terms and conditions of this Agreement, Seller agrees to sell to Library, and Library agrees to purchase from Seller, certain real property consisting of a separate legal lot containing approximately 20,799 square feet of land legally described in Exhibit B attached hereto and by this reference incorporated herein located at the northeast corner of the intersection of Tukwila International Boulevard and South 144th Street, all building and improvements located therein, if any (the "Improvements "), together with all and 4 14 singular the rights, benefits, privileges, easements, tenements, hereditaments and appurtenances thereunto belonging or appertaining thereto, and Seller's rights, easements or other interests, if any, in and to adjacent streets, alleys and rights -of -way, or other property abutting such real property, including certain easements set forth in the Lot Consolidation for the benefit of the Tukwila Village Property and the Library Parcel and the Library Access/Parking Easement which is appurtenant to the Library Parcel, together with all of Seller's right, title and interest in any and all minerals and mineral rights, water and water rights, wells and well permits (collectively, the "Property "). ARTICLE 2: DUE DILIGENCE 2.1 Seller's Delivery of Property Information. Within five (5) Business Days after the Date of this Agreement, Seller shall provide to Library the following materials in connection with the Property (the "Property Information "): (a) all leases, easements, contracts, service contracts, agreements and recorded documents affecting the Property; (b) the most current title reports on the Property; (c) all surveys, maps, plans and specifications, soil, structural and engineering reports, and similar documents concerning the Property prepared by Seller or in Seller's possession relating to the Property, including all appraisals; (d) any and all surveys, reports, studies and other documentation related to the environmental condition of the Property or any property located in the vicinity of the Property prepared by Seller or in Seller's possession; (e) any permits, licenses or approvals relating to or affecting the possession, ownership or use of the Property (and any applications for permits, licenses or approvals); (f) any written notices, reports, citations, orders, decisions, correspondence, or memoranda from any governmental authority (including, but not limited to, copies of any zoning letters); (g) all agreements with or applications to any governmental authority with respect to any zoning modification, variance exception, platting or other matter relating to the zoning, use, development, subdivision or platting of the Property; (h) all agreements, studies, reports, correspondence, notices, citations, orders, decisions, correspondence, memoranda and other documents relating to the presence or absence of any hazardous materials, endangered species or environmentally sensitive areas on the Property; (i) any contracts or agreements relating to the Property or services being provided or to be provided to the Property, including, without limitation, any agreements with electric, cable, gas, telephone or other utility providers. Seller shall provide to Library any documents described above and coming into Seller's possession or produced by Seller after the initial delivery above and shall continue to provide same during the term of this Agreement. Seller shall also make available to Library at a location in Tukwila for review and copying, any and all materials in Seller's or Seller's consultants' possession regarding the Property. "Business Day" means any day other than a Saturday, Sunday or a legal holiday for national banks. 2.2 Due Diligence. Library shall have through the close of business on the last day of the Due Diligence Period in which to examine, inspect, and investigate the Property and, in Library's sole and absolute judgment and discretion, to determine whether the Property is acceptable to Library and to obtain all necessary internal approvals from its board of trustees. If Library determines, in its sole and absolute judgment and discretion, before the expiration of the Due Diligence Period that Library does not want to proceed with the purchase of the Property for any reason, Library shall have the right to terminate this Agreement by giving Seller written notice of termination. If, on or before expiration of the Due Diligence Period, Library gives Seller written notice setting forth Library's waiver of its due diligence contingency (the "Notice to Proceed "), then this Agreement shall remain in full force and effect in accordance with its terms. If Library elects not to, or otherwise fails to, deliver the Notice to Proceed to Seller on or before the expiration of the Due Diligence Period, Library shall be deemed to have elected to terminate this Agreement, and except as otherwise expressly provided herein neither party hereto shall have any further rights, duties or obligations under this Agreement. 2.3 Access/Inspection. Library and its contractors, agents, employees, representatives and their equipment and vehicles, shall have a continuing right of access to the Property during the term of this Agreement for the purpose of preparing and conducting land surveys, economic and land use feasibility, structural, soil, engineering, geotechnical, and environmental and hazardous substances sampling, audits, inspections, studies and tests (including, subject to Library's restoration obligations herein, invasive inspection and sampling), and any other sampling, audits, inspections, studies, or tests required by Library. Seller agrees to cooperate with Library to enable Library to conduct any such sampling, audits, inspections, studies or tests. Library shall keep the Property free and clear of any liens resulting from its inspections and due diligence and will hold Seller harmless from all claims and liabilities asserted against Seller as a result of any such entry by Library, its contractors, agents, employees, or representatives. If any inspection or test disturbs the Property, Library will restore the Property to substantially the same condition as existed prior to any such inspection or test. Notwithstanding the foregoing, this indemnity shall 5 15 not extend to and in no event shall Library be liable to Seller or third parties for (a) any release of pre- existing hazardous substances arising from the conduct of any investigation or testing of the Property, (b) for any diminution in the market value of the Property resulting from the information disclosed by any such investigation or tests, (c) any negligence or misconduct of Seller, or any of its agents, contractors, or employees, or (d) any pre- existing conditions on or about the Property. In the course of its investigations Library shall have the right to talk and make inquiries with all tenants and third parties including, without limitation, lenders, contractors, neighboring property owners and municipal, local, and other government officials and representatives, and Seller consents to such inquiries. The obligations of Library under this paragraph shall survive the termination of this Agreement. In addition, Seller expressly consents to Library holding public meetings from time to time regarding the Property and its proposed development of the Property and the disclosure of such information about the Property and its proposed development of the Property as Library deems necessary or appropriate. 2.4 Development Approvals. Library may need to obtain certain zoning and /or development permits, licenses and other approvals for its proposed development of the Property (collectively, the "Development Approvals "). Library's efforts to obtain the Development Approvals shall be at its sole cost and expense. The Development Approvals may include, without limitation, any approvals required under any declaration of covenants, conditions and restrictions or any other private agreement affecting the Property. Seller agrees to cooperate fully with Library, at no material out -of- pocket cost to Seller, to enable Library to apply for and obtain any such Development Approvals including appearing at public hearings, city staff meetings, or other meetings related to the approval of Library's application(s) as may be reasonably requested by Library. 2.5 Adverse Conditions. As a condition to Library's obligation to close, there shall be no material change in any condition of or affecting the Property not caused by Library or its contractors, employees or agents, that has occurred after the Due Diligence Period including without limitation (i) any dumping or discovery of refuse or environmental contamination; (ii) access; (iii) the availability, adequacy or cost of or for all utilities (including without limitation, water, sanitary sewer, storm sewer, gas, electric, and cable) that will be necessary to serve Library's proposed development of the Property; (iv) the imposition of any moratorium which would prohibit or delay the commencement of construction; or (v) the solvency and financial condition of any taxing districts to which the Property is subject or the ability and capacity of any of such districts to service the Library's proposed development of the Property. It shall also be a condition to Library's obligation to close that there shall be no City imposed offsite obligations required in connection with the Library's proposed development of the Property (other than the street frontage improvements contemplated under the S. 144th Street Improvements Agreement) and applicable water, sewer and impact fees charged by the applicable utilities or governmental authorities shall not have materially increased over the levels assessed as of the date of this Agreement. ARTICLE 3: TITLE REVIEW 3.1 Delivery of Title Commitment and Survey. Within ten (10) days after the date of this Agreement, Seller shall cause to be delivered to Library a current, effective commitment for title insurance for the Property (the "Title Commitment ") issued by the Title Company, in the amount of the Purchase Price with Library as the proposed insured, and accompanied by true, complete, and legible copies of all documents referred to in the Title Commitment. Within fifteen (15) days after the date of this Agreement, Seller shall deliver to Library and its authorized agents a copy of any surveys of the Property in its possession. Library shall have the right to obtain, at its expense, a current ALTA /ACSM survey of the Property (the "Survey "). 3.2 Title Review and Cure. Within thirty (30) days following its receipt of the Title Commitment and the Survey (the "Title Review Period "), Library shall review title to the Property as disclosed by the Title Commitment and the Survey and advise Seller in writing of any objections thereto. The Title Commitment shall include reciprocal easement rights granted under the Lot Consolidation that affect the Library Parcel and the Library Easements, the Temporary Use Agreement to be granted by the Developer and any additional easements to be granted by the Developer pursuant to the Library Development Agreement. If Library fails to notify Seller of its approval or objection to any matters contained in the Title Commitment and the Survey on or before the expiration of the Title Review Period, Library shall be deemed to have approved of the matters contained therein and such matters shall be deemed Permitted Exceptions (as defined below). Seller shall notify Library in writing within fifteen (15) days after receipt of an objection notice from Library whether Seller agrees to remove or obtain affirmative insurance for such objectionable matter(s); provided, any indemnification of the Title Company to 6 16 induce it to insure over any objectionable matter shall not be allowed except with the prior written consent of Library in its sole discretion after full disclosure to Library of the nature and substance of such exception and indemnity. If Seller notifies Library that Seller has elected not to remove or obtain insurance for any such matters, then Library shall notify Seller within five (5) days following receipt of such notice from Seller whether Library elects to terminate this Agreement or to proceed, taking title subject to such matters. If Seller fails to notify Library of its election within the time specified, Seller shall be deemed to have elected not to remove or insure around such matters. Seller will cooperate with Library in curing any objections Library may have to title to the Property, provided, Seller shall have no obligation to cure title objections except (a) monetary liens and encumbrances and other liens of an ascertainable amount created by, through or under Seller or consented to by Seller (other than the DDA, the Lot Consolidation and the Lot Consolidation Easements) and (b) any exceptions or encumbrances to title which are created by, through or under Seller after the date of this Agreement without the written consent of Library (in each case Seller shall be required to take such actions and expend such amounts as may be required to remove or cure such matter on or before the Closing Date). Any updates to the Title Commitment showing new matters of title that are not Permitted Exceptions shall be subject to the same review process and termination rights as provided above, except that Library's initial review of such new matters shall be limited to five (5) Business Days after receipt of the updated Title Commitment and a copy of the new exception document(s). Seller shall not assign or convey any right, title or interest whatsoever in or to the Property or create or permit to exist any lien, encumbrance or charge thereon without promptly discharging the same on or prior to Closing, except as otherwise expressly provided for herein. Notwithstanding the foregoing, if (i) Seller fails to remove prior to Closing any liens, exceptions or encumbrances which are not Permitted Exceptions or which were created by, under or through Seller after expiration of the Title Review Period without the prior written consent of Library or (ii) if the Title Company revises the Title Commitment after the expiration of the Title Review Period to add or modify the conditions to obtaining any endorsement requested by Library during the Title Review Period if such additions, modifications or deletions are not acceptable to Library and are not removed by the Closing Date, Library may terminate this Agreement. The term "Permitted Exceptions" shall mean the specific exceptions (exceptions that are not part of the promulgated title insurance form) in the Title Commitment that the Title Company has not agreed to insure over or remove from the Title Commitment as of the dates indicated above, those exceptions to which Library did not make objection or waived (or was deemed to have waived) its objections. 3.3 Delivery of Title Policy at Closing. At the Closing, as a condition to Library's obligation to close, the Title Company shall deliver to Library an ALTA Extended Coverage Owner's Policy of Title Insurance (Rev. 2006) ( "Title Policy ") containing the Library's Endorsements, dated the date and time of the recording of the Deed (as defined in Paragraph 5.3(a) below) in the amount of the Purchase Price (or such other amount as may be approved by Library, in Library's sole discretion), insuring Library as owner of good, marketable and indefeasible fee simple title to the Property (and owner of good and marketable title to the appurtenant easements including the access and parking easement benefitting the Property granted under the Library Access/Parking Easement and any easements benefitting the Property contemplated by the Lot Consolidation, including good and marketable title to any additional Library Easements to be granted by Developer) and the Temporary Use Agreement, free and clear of all liens, encumbrances and defects, subject only to the Permitted Exceptions. "Library's Endorsements" shall mean: (a) owner's comprehensive; (b) access; (c) survey (accuracy of survey); (d) location (survey legal, if any, matches title legal); (e) separate tax lot; (f) subdivision/legal lot; (g) zoning; and (h) such other endorsements as Library may require based on its review of the Title Commitment and Survey. Library in its discretion may waive receipt of any such endorsement or request additional endorsements not itemized above. Seller shall execute at Closing such affidavits so that the Title Company can issue extended coverage. 3.4 Title and Survey Costs. Seller shall pay the premium (and any taxes thereon) for the Title Policy with liability in the amount of the Purchase Price (excluding the premium for extended coverage and the cost of any Survey). Library shall pay (i) any additional premium (and any taxes thereon) for extended title insurance coverage, (ii) the cost of Library's Endorsements, and (iii) the cost of any Survey. ARTICLE 4: OPERATIONS 4.1 Performance under Contracts. During the term of this Agreement, Seller will perform its material obligations under all agreements that affect the Property and the Tukwila Village Property. 7 17 4.2 New Contracts. During the term of this Agreement, Seller will not enter into any contracts, leases or other agreements allowing anyone to occupy or use the Property nor enter into any other contract or agreement or consent to or permit any lien or encumbrance (whether written or oral) that will be an obligation affecting the Property after the Closing without Library's prior written consent. Other than Permitted Exceptions and other agreements that Library has agreed to assume in writing, Seller shall terminate all contracts or other agreements affecting the Property effective as of Closing. 4.3 Maintenance Pending Closing. During the term of this Agreement, Seller shall maintain the Property in good condition and repair and fully insured and in a manner consistent with Seller's past practices. Seller agrees to not construct any improvements on the Property or alter, improve or otherwise modify any existing improvements without the prior written consent of Library. Seller agrees to keep the Property free from materialmen's, mechanics' and construction liens not attributable to Library and to protect, indemnify, defend and hold Library harmless from all such liens and all reasonable attorneys' fees and other costs incurred by reason thereof, which indemnity shall survive Closing. 4.4 Listings and Other Offers. During the term of this Agreement, Seller will not list the Property with any broker or otherwise solicit or make or accept any offers to sell or lease the Property, engage in any discussions or negotiations with any third party with respect to the sale, lease or other disposition of the Property, or enter into any contracts or agreements (whether binding or not) regarding any disposition or lease of the Property. 4.5 Seller's Obligations. Seller, subject to the terms and conditions of this Agreement, covenants that it shall pay and discharge any and all liabilities of each and every kind arising out of or by virtue of its development, ownership, leasing or use of the Property prior to the Closing Date, which obligations shall survive Closing. 4.6 Damage or Condemnation. Risk of loss resulting from any condemnation or eminent domain proceeding which is commenced or has been threatened before the Closing, and risk of loss to the Property due to fire, flood or any other cause before the Closing, shall remain with Seller. If before the Closing the Property or any portion thereof shall be materially damaged, or if the Property or any portion thereof shall be subjected to a contemplated or threatened condemnation or shall become the subject of any proceedings, judicial, administrative or otherwise, with respect to the taking by eminent domain or condemnation, then Library may terminate this Agreement by written notice to Seller given within ten (10) days after Library receives notice from Seller or otherwise learns of the damage or taking. If the Closing Date is within the aforesaid 1.0 -day period, then Closing shall be extended to the next business day following the end of said 10 -day period. If no such election is made, and in any event if the damage is not material, this Agreement shall remain in full force and effect and the purchase contemplated herein, less any interest taken by eminent domain or condemnation, shall be effected (and Library shall have the sole right during the term of this Agreement to negotiate and otherwise deal with the condemning authority in respect of such matter) and upon the Closing of this purchase, Seller shall assign, transfer and set over to Library all of the right, title and interest of Seller in and to any awards that have been or that may thereafter be made for such taking, and Seller shall assign, transfer and set over to Library any insurance proceeds that may thereafter be made for such damage or destruction giving Library a credit at Closing for any deductible under such policies. To the extent any such awards are made for such taking after the Closing, such amounts shall be payable and belong solely to Library. For the purposes of this paragraph, the phrases "Material dama!e" and "Materially damaeed" means damage, the cost of which to repair is reasonably expected to exceed ten percent (10 %) of the Purchase Price or which impairs access to the Property. ARTICLE 5: CLOSING 5.1 Closing. The consummation of the transaction contemplated herein ( "Closing ") shall occur on the Closing Date at the offices of the Escrow Agent. Closing shall occur through an escrow with the Escrow Agent. Funds shall be deposited into and held by the Escrow Agent in a closing escrow account with a bank satisfactory to Library and Seller. Upon satisfaction or completion of all closing conditions and deliveries, the parties shall direct the Escrow Agent to immediately record and deliver the closing documents to the appropriate parties and make disbursements according to the closing statements executed by Seller and Library. The Escrow Agent shall agree in writing with Library that (1) recordation of the Deed constitutes its representation that it is holding the closing documents, closing funds and closing statements and is prepared and irrevocably committed to disburse the closing 8 18 funds in accordance with the closing statement and (2) release of funds to Seller shall irrevocably commit the Escrow Agent to issue the Title Policy in accordance with this Agreement. 5.2 Conditions to Obligations to Close. In addition to all other conditions set forth herein, the obligation of Library and the Seller to consummate the transactions contemplated hereunder shall be contingent upon the following: (a) Seller's representations and warranties contained herein shall be true and correct as of the date of this Agreement and the Closing Date. For purposes of this clause (a), a representation shall be false if the factual matter that is the subject of the representation is false notwithstanding any lack of knowledge or notice to the party making the representation; (b) As of the Closing Date, Seller and the Library shall have performed their obligations hereunder and all deliveries to be made at Closing have been tendered; (c) There shall exist no actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, pending or threatened against Seller, Developer, the Tukwila Village Property or the Property that would materially and adversely affect the operation or value of the Property or Seller's ability to perform its obligations under this Agreement or that would materially and adversely affect Developer's ability to perform its obligations under the DDA or Development Agreement with respect to the development and construction of the Library Shared Infrastructure, or materially and adversely affect Developer's ability to perform its obligations under the Lot Consolidation Easements, the Temporary Use Agreement, the Library Development Agreement or the Library Easements; (d) All of the conditions to Closing set forth in Paragraph 1.1(h) and ffl have been met to the satisfaction of the Parties or waived in writing; (e) There shall exist no pending or threatened action, suit or proceeding with respect to Seller before or by any court or administrative agency which seeks to restrain or prohibit, or to obtain damages or a discovery order with respect to, this Agreement or the consummation of the transactions contemplated hereby; and (f) The Property shall be in substantially the same condition as on the date of this Agreement. So long as Library is not in default hereunder, if any condition to Library's obligation to proceed with the Closing hereunder has not been satisfied as of the Closing Date, Library may, in its sole discretion: (i) terminate this Agreement by delivering written notice to Seller on or before the Closing Date, (ii) elect to extend the Closing Date until such condition is satisfied, or (iii) elect to close, notwithstanding the non- satisfaction of such condition, in which event Library shall be deemed to have waived any such condition. Nothing in the foregoing shall relieve Seller from any liability it would otherwise have if the failure of Seller to satisfy a condition also constitutes a default by Seller hereunder. If any obligation of the Library that constitutes a condition precedent to closing has not been satisfied as of the Closing Date, Seller may, in its sole discretion: (i) terminate this Agreement by delivering written notice to Library on or before the Closing Date, (ii) elect to extend the Closing Date until such condition is satisfied, or (iii) elect to close, notwithstanding the non - satisfaction of such condition, in which event Seller shall be deemed to have waived any such condition. Nothing in the foregoing shall relieve Library from any liability it would otherwise have if the failure of Library to satisfy a condition also constitutes a default by Library hereunder. 5.3 Seller's Deliveries in Escrow. At least one (1) Business Day prior to the Closing Date, Seller shall deliver or cause to be delivered in escrow to the Escrow Agent the following: (a) Deed. A Washington statutory warranty deed in form reasonably satisfactory to Library, executed and acknowledged by Seller, conveying to Library good, indefeasible and marketable fee simple title to the 9 19 Property, subject only to the Permitted Exceptions and all easements and rights appurtenant thereto including the Library Access/Parking Easement, together with a duly executed real estate excise tax affidavit (the "Deed "). (b) State Law Disclosures. Such disclosures and reports, required by applicable state and local law in connection with the conveyance of real property including a duly executed Form 17 (Seller Disclosure Form for Commercial Property). (c) FIRPTA. A Foreign Investment in Real Property Tax Act affidavit executed by Seller. If Seller fails to provide the necessary affidavit and /or documentation of exemption on the Closing Date, Library may proceed with withholding provisions as provided by law. (d) Amendment to Developer Temporary Construction Easement. Seller shall deliver Library a copy of the amendment to the Developer Temporary Construction Easement excluding the Library Parcel from the rights granted Developer thereunder. (e) Easements. To the extent not previously recorded, the Lot Consolidation, the Lot Consolidation easement agreements contemplated thereunder duly executed by the City and acknowledged, if required, and the Library Access/Parking Easement described under Section 1.1(h) (v and vi), and the Temporary Use Agreement described under Section 1.1(h) (viii) each in form reasonably acceptable to the Library duly executed by the Developer and acknowledged, if required, and any additional Library Easements contemplated under Section 1.1(h) (v) in form reasonably acceptable to the Library duly executed and acknowledged by the Developer and /or the City, if applicable; (f) Reconveyances. Any reconveyance documents required to reconvey any encumbrances which are a lien on the Property and any affidavit required to eliminate the Title Company exception for construction liens and the rights of parties in possession; (g) Authority. Evidence of the existence, organization and authority of Seller and the authority of the person(s) executing the documents on behalf of Seller, reasonably satisfactory to Library, the Escrow Agent and the Title Company; and (h) Additional Documents. Any additional documents that Library may reasonably require for the proper consummation of the transaction contemplated by this Agreement (which documents, as applicable shall be duly executed (and acknowledged, if appropriate by Seller and other persons party thereto) and all other documents required to be delivered at or prior to the Closing pursuant to the terms of this Agreement. 5.4 Library's Deliveries in Escrow. Except as specified below, at least one (1) Business Day prior to the Closing Date, Library shall deliver in escrow to the Escrow Agent the following: (a) Purchase Price. On the Closing Date, the Purchase Price, plus or minus applicable prorations, deposited by Library with the Escrow Agent in immediate, same -day federal funds wired for credit into the Escrow Agent's escrow account; (b) State Law Disclosures. Such disclosures and reports required by applicable state and local law in connection with the conveyance of real property including acknowledging receipt of a duly executed Form 17 (Seller Disclosure Form for Commercial Property) provided by Seller and a duly executed real estate excise tax affidavit; (c) Easements. The Library Access/Parking Easement, the Temporary Use Agreement described under Section 1.1(h) (viii), and any additional Library Easements contemplated under Section 1.1(h) (v) duly executed by Library and acknowledged, if required; and (d) Additional Documents. Any additional documents that the Escrow Agent or the Title Company may reasonably require for the proper consummation of the transaction contemplated by this Agreement. 10 20 5.5 Closing Costs. At Closing, Seller shall pay (i) the real estate excise tax and any other transfer taxes, if any, recording fees and charges imposed by governmental entities with respect to the conveyance of the Property, (ii) those amounts to be prorated through Closing and payable by Seller pursuant to Article 6: below, (iii) one -half of the escrow fees, and (iv) an amount equal to the premium charged by the Title Company for a standard coverage owner's policy of title insurance with liability in the amount of the Purchase Price. Library shall pay (i) those amounts to be prorated through Closing and payable by Library pursuant to Article 6: below, (ii) one - half of the escrow fees, and (iii) the difference between (i) the premium (and taxes thereon) charged by the Title Company for the extended coverage owner's policy of title insurance and any endorsements required by Library, and (ii) the amount payable by Seller for title insurance premiums as set forth above. Since both Seller and Library are exempt from payment of ad valorem property taxes, there will be no proration of ad valorem real property taxes between Seller and Library. Each party shall pay the costs and expenses of the attorneys, accountants and other agents and consultants engaged by the particular party. The parties shall pay their respective shares of all other closing costs, prorations, adjustments, fees and charges in accordance with local custom and practice. 5.6 Closing Statements. At least one (1) Business Day prior to the Closing Date, Seller and Library shall deposit with the Escrow Agent executed closing statements consistent with this Agreement in form reasonably required by the Escrow Agent. If Seller and Library cannot agree on the closing statements to be deposited as aforesaid because of a dispute over the prorations and adjustments set forth therein, the Closing nevertheless shall occur, and the amount in dispute shall be withheld from the Purchase Price and placed in an escrow with the Title Company, to be paid out upon the joint direction of the parties or pursuant to court order upon resolution or other final determination of the dispute. 5.7 Title Policy. The Escrow Agent shall deliver to Library the Title Policy pursuant to Paragraph 3.3. 5.8 Possession. Seller shall afford authorized representatives of Library reasonable access to the Property for the purpose of satisfying Library with respect to the representations, warranties and covenants of Seller contained herein and with respect to satisfaction of any conditions precedent to the Closing contained herein. Seller shall deliver possession of the Property, vacated by all occupants, if any, at the Closing subject only to the Permitted Exceptions and with any personal property of Seller removed from the Property. Prior to the Closing Date, Seller shall remove all trash, debris and rubbish from the Property. ARTICLE 6: PRORATIONS 6.1 Prorations. The funds due at Closing pursuant to Paragraph 5.4(a) hereof shall be subject to adjustment as of the Closing Date in accordance with the following provisions, with the day of the Closing belonging to Library. (a) Utilities and Operating Costs. All amounts due under service contracts, if any, assigned to Library hereunder and utility costs, including water, garbage, sewer, electricity and gas (collectively, the "Operating Costs ") shall be prorated between Seller and Library as of the Closing Date. To the extent possible, Seller shall cause all utility meters to be read on the day preceding the Closing Date. Seller shall be responsible for the payment of all Operating Costs incurred prior to the Closing Date, which obligation shall survive Closing. To the extent possible, Library shall arrange with all utility services and companies servicing the Property to have new accounts started in the name of Library as of the Closing Date. (b) Insurance. No insurance policies of Seller are to be transferred to Library, and no apportionment of the premiums therefore shall be made. Library acknowledges that it shall be responsible for securing its own insurance for the Property. (c) Leasing Commissions. On or before the Closing Date, Seller shall pay in full all leasing commissions and locator's and finder's fees due to leasing or other agents for the Property and indemnify, defend, protect and hold Library harmless from all such commissions and fees and any costs and expenses, including reasonable attorneys' fees, incurred by Library in connection therewith, which indemnity shall survive Closing. 11 21 (d) Taxes and Assessments. Since both Seller and Library are public entities exempt from payment of ad valorem property taxes, there will be no proration of ad valorem property taxes. Surface water management charges, special assessments and all other taxes shall be prorated as of Closing. (e) Final Adjustment After Closing. In general, Seller shall be entitled to all income, and shall pay all expenses, relating to the operation of the Property for the period prior to the Closing Date, and Library shall be entitled to all income, and shall pay all expenses, relating to the operation of the Property for the period commencing on and after the Closing Date. The prorations shall be based on good faith estimates where actual expenses are not available. If final prorations cannot be made at Closing for any item, then Library and Seller agree to allocate such items on a fair and equitable basis as soon as invoices or bills are available, with the final adjustment to be made as soon as reasonably possible after Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. 6.2 Other Costs and Expenses. Unless otherwise expressly agreed in writing between Seller and Library, no other expense related to the ownership or operation of the Property shall be charged to or paid or assumed by Library, whether allocable to any period before or after the Closing. Library shall pay the Seller $125,707 representing its percentage share of the cost of the S. 144th Street frontage improvements contemplated under the S. 144th Street Improvements Agreement upon final completion of such street frontage improvements. 6.3 No Brokers. Seller and Library each represent to the other that they have not dealt with any broker, agent or finder with respect to this Agreement or the sale of the Property contemplated hereby and there is no broker, finder, or intermediary with whom they have dealt in connection with this transaction, and each agrees to indemnify the other against all claims for fees, commissions, or other compensation claimed due any broker, finder or intermediary with whom the indemnifying party may have dealt in connection with this transaction, which indemnification shall survive termination of this Agreement or the Closing of the sale of the Property, as applicable. 6.4 Sales, Transfer, and Documentary Taxes. Seller shall pay all sales, excise, and transfer taxes and all recording, deed or similar fees imposed in connection with the conveyance of the Property under applicable local or state law. Seller shall also pay all costs of recording instruments to discharge or release any liens or encumbrances against the Property or to cure other title matters Seller is required to or has elected to cure. ARTICLE 7: REPRESENTATIONS AND WARRANTIES 7.1 Seller's Representations and Warranties. As a material inducement to Library to execute this Agreement and consummate this transaction, Seller represents and warrants to Library that: (a) Authority. Seller is a municipal corporation validly existing under the laws of the State of Washington, has the full right, power and authority and has taken all action necessary or required under applicable law to enter into this Agreement, the Lot Consolidation and Lot Consolidation Easements, the S. 144th Street Improvements Agreement, and the Developer Temporary Construction Easement, as amended (collectively, the "City Agreements") and to consummate or cause to be consummated the sale and make or cause to be made the transfers and assignments contemplated herein. The City Agreements have been, and the documents to be executed by Seller pursuant to this Agreement and the other City Agreements have been duly authorized and properly executed and delivered and constitute the valid and binding obligations of Seller, enforceable against Seller in accordance with its terms. (b) Conflicts and Pending Actions or Proceedings. There is no agreement to which Seller is a party or, to Seller's knowledge, binding on Seller which is in conflict with the City Agreements. Without limiting the generality of the foregoing, no person or party has a lease contract, option to purchase or right of first refusal to purchase the Property or similar right with respect to the Property. There is no action or proceeding pending or, to Seller's knowledge, threatened against or relating to Seller or the Property, which challenges or impairs Seller's ability to execute or perform its obligations under the City Agreements. (c) Agreements with Governmental Authorities/Restrictions. Seller has not entered into, and has no knowledge of, any agreement with or application to any governmental authority with respect to any zoning 12 22 modification, variance, exception, platting or other matter except for the Lot Consolidation, the street vacation of 415` Avenue South and the Street Vacation Agreements. To Seller's knowledge, neither Seller nor the Property is in violation or non - compliance with any Requirements of Law or any restriction or covenant affecting the Property. The term "Requirements of Law" means all requirements relating to land use and building construction, including without limitation, planning, building code, land use, zoning, subdivision, environmental, air quality, flood hazard, fire safety, accessibility and other governmental approvals, permits, licenses and certificates as may be necessary from time to time to comply with all of the foregoing, and all other applicable statutes, rules, orders, regulations, laws, ordinances, covenants, conditions and restrictions which now apply to and /or affect the use, operation and occupancy of the Property. (d) Condemnation and Property Rights. To Seller's knowledge, no condemnation, eminent domain or similar proceedings are pending or threatened with regard to the Property. Seller has received no payment from any party for any easements or any other rights to use the Property. (e) Notice of Special Assessments. Seller has not received any notice and has no knowledge of any pending or threatened liens, special assessments, impositions or increases in assessed valuations to be made against the Property by any governmental authority (including any proposed by the City). (f) Zoning. The Property is currently zoned Neighborhood Community Commercial (NCC) and Seller has no knowledge of any contemplated, threatened or pending zoning change. (g) Property Information. To Seller's knowledge, the Property Information contains all material documents, leases, files, written information, books and records in Seller's possession or control and relating to the Property and the Property Information is true, correct and complete in all material respects. There are no contracts, leases, licenses or other agreements granting any person or persons the right to occupy or use the Property or any portion thereof as of the date of this Agreement or after the Closing. There are no licenses or other agreements granting any person or persons the right to provide services to the Property or any portion thereof. No person or entity has a contract or option to purchase the Property, a right of first refusal or first offer or any other similar rights with respect to the Property. Seller has not entered into any contracts or other agreements granting any broker, agent or other persons the right to lease the Property or list the Property for lease or entitling such parties to any leasing commissions or locator's or finder's fees as of the date of this Agreement or after the Closing. (h) Environmental. Seller has no knowledge of any violation of Environmental Laws related to the Property or the presence or release of Hazardous Substances on or from the Property or any migration of Hazardous Substances from adjoining property onto the Property. Seller has not manufactured, introduced, Released or discharged from or onto the Property any Hazardous Substances or any solid or hazardous wastes, toxic substances or materials (including, without limitation, PCBs or asbestos) nor permitted the same, and Seller has not used (nor permitted the use of) the Property or any part thereof for the generation, treatment, storage, handling, Release or disposal of any Hazardous Substances except in strict compliance with all Environmental Laws. The term "Environmental Laws" includes, without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Clean Water Act and other federal laws governing the environment as in effect on the date of this Agreement together with their amendments, implementing regulations and guidelines as of the date of this Agreement, and all state, regional, county, municipal, tribal and other local laws, regulations and ordinances that are equivalent or similar to the federal laws recited above or that purport to regulate Hazardous Substances. The term "Hazardous Substances" includes petroleum, including crude oil or any fraction thereof, gasoline, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas or such synthetic gas), lead -based paint, asbestos and asbestos containing materials and any substance, material, waste, pollutant or contaminant listed or defined as hazardous or toxic under any Environmental Law. For purposes of this Paragraph 7.1(h), the term "knowledge" shall mean and refer to the knowledge of the City Manager, the Mayor and the Economic Development Administrator for the City of Tukwila. (i) Withholding Obligation. Seller's sale of the Property is not subject to any federal, state or local withholding obligation of Library under the tax laws applicable to Seller or the Property. 13 23 (j) Compliance with Laws. To Seller's knowledge, Seller is not in receipt of and Seller has not received any written notice, sent by any governmental authority or agency having jurisdiction over the Property that the Property or its use is in violation of any law, ordinance or regulation. (k) Agreements with Developer. The DDA and the Development Agreement with Developer are each in full force and effect and there is no default by the City thereunder. As of the date of this Agreement the City has not taken, and does not currently plan to take, any action to declare an Event of Default by Developer under the DDA or the Development Agreement. City shall not amend, modify or terminate the DDA, the Development Agreement, the Lot Consolidation or easements contemplated thereunder, the Developer Temporary Construction Easement or any other agreement with Developer relating to development of the Tukwila Village Project, the Shared Infrastructure, or the Library Shared Infrastructure or the S. 144th Street Improvements Agreement, or any easements related to any of the foregoing, extend any dates or deadlines for performance or waive any of the requirements to be performed by the Developer under the DDA or the Development Agreement that would adversely affect the design, development, construction of the branch library on the Property or increase the costs thereof or which would adversely affect the ongoing operation and maintenance of the branch library or increase the costs thereof without the prior written consent of the Library, which consent shall not be unreasonably withheld, conditioned or delayed. If the Developer Temporary Construction Easement is terminated for any reason prior to final completion of the library building on the Library Parcel, City shall grant Library a replacement temporary construction easement in form reasonably acceptable to Library as provided in Section 10.21 below. 7.2 Library's Representations and Warranties. As a material inducement to Seller to execute this Agreement and consummate this transaction, Library represents and warrants to Seller that: (a) Organization and Authority. Library is a rural library district validly existing under the laws of the State of Washington. Subject only to obtaining certain internal approvals on or before the expiration of the Due Diligence Period, Library has the full right, power and authority and has obtained any and all consents required therefor to enter into the City Agreements and consummate or cause to be consummated the purchase and sale of the Property pursuant to this Agreement. This Agreement and all of the documents to be delivered by Library at the Closing have been and will be duly authorized and properly executed and delivered and will constitute the valid and binding obligations of Library, enforceable in accordance with their terms. (b) Conflicts and Pending Actions. There is no agreement to which Library is a party or to Library's knowledge binding on Library which is in conflict with the City Agreements. There is no action or proceeding pending, or to Library's knowledge, threatened against Library which challenges or impairs Library's ability to execute or perform its obligations under the City Agreements. 7.3 Survival of Representations and Warranties. The representations and warranties set forth in this Article 7 are made as of the date of this Agreement and are remade as of the Closing Date and shall not be deemed to be merged into or waived by the Deed or the other instruments of Closing but shall survive the Closing. Each party agrees to defend, indemnify and hold harmless the other party and its successors and assigns against any claim, liability, damage, loss or expense including reasonable attorneys' and other fees and costs asserted against or suffered by such other party arising out of the breach or inaccuracy of any such representation or warranty. ARTICLE 8: DEFAULT AND REMEDIES 8.1 Seller's Default. If this transaction fails to close as a result of Seller's default, Library shall be entitled to such remedies for breach of contract as may be available at law and in equity, including without limitation, the remedy of specific performance. 8.2 Library's Default. If this transaction fails to close due to the default of Library, then Seller's sole and exclusive remedy in such event shall be to terminate this Agreement, Seller waiving all other rights or remedies in the event of such default by Library. 8.3 Notice of Default. Except for a party's failure to close on the Closing Date, neither party shall have the right to declare a default by the other party and terminate this Agreement because of a failure by such other 14 24 party to perform under the terms of this Agreement unless the other party shall fail to cure such failure to perform within three (3) Business Days after its receipt of written notice of such failure to perform. 8.4 Other Expenses. If this Agreement is terminated due to the default of a party, then the defaulting party shall pay any fees due to the Escrow Agent and any fees due to the Title Company for cancellation of the escrow and the Title Commitment. ARTICLE 9: SELLER REPURCHASE RIGHT 9.1 Commencement of Construction and Substantial Completion of Library Building. Library agrees to (a) Commence Construction of the branch library building on the Property within six (6) months following the Closing, and (b) to achieve Substantial Completion of the branch library building within twenty -four (24) months following Commencement of Construction of the branch library, unless such failure to Commence Construction or achieve Substantial Completion of the branch library building arises from any delay by the Developer in commencement or completion of construction of (a) the First Development Phase of the Tukwila Village Project, or (b) the Shared Infrastructure or the Library Shared Infrastructure, or (c) the occurrence of Excusable Delay or Force Majeure events (as defined below) or in the DDA or the Development Agreement. 9.2 Seller Right to Repurchase; Repurchase Price. If Library fails to perform its obligations under Section 9.1, Seller shall give Library written notice of same, whereupon following receipt of such written notice, the Library shall have thirty (30) days within which to commence all necessary action to cure any such failure (and if cure is commenced with such thirty (30) day period, proceed to diligently complete such cure within a reasonable period of time). In the event Library fails to cure or commence to cure such failure within the time period set forth above, Library shall be in default under this Article 9 and Seller shall, at its sole and exclusive remedy for such failure, have the right upon written notice (the "Repurchase Notice ") delivered to Library within one hundred eighty (180) days following such default to repurchase the Property from the Library for the Purchase Price set forth herein, plus the Library's actual costs incurred in the design, development and construction of the branch library on the Property to the date of delivery of the Repurchase Notice. In the event that Seller fails to deliver the Repurchase Notice within the one hundred eighty (180) day period set forth above, Seller's right to repurchase the Property shall automatically terminate without further action and shall be of no further force and effect. If Seller delivers the Repurchase Notice within the one hundred eighty (180) day period set forth above, Library shall deliver to Seller an itemization of its costs incurred together with copies of invoices and such other supporting documentation as Seller shall reasonably request within thirty (30) days following Library's receipt of the Repurchase Notice. 9.3 Closing of Repurchase; "AS IS" Sale. Closing of the Seller's repurchase of the Property shall occur within ninety (90) days following Seller's receipt of Library's costs incurred in connection with the design, development and construction of the library branch building, and Library shall transfer title to the Property by statutory warranty deed, free and clear of all liens and encumbrances except Permitted Exceptions and any other exceptions consented to by the Seller prior to the Closing. Except for the warranties set forth in the deed delivered by Library to Seller at Closing, Seller acknowledges and agrees that the Property will be conveyed and transferred by Library to Seller on the Closing Date in its then present condition and state of repair, "AS IS ", WHERE IS" WITH ALL FAULTS, and expressly without representation or warranty by Library of any kind or character, express or implied, with respect to the maintenance, repair, condition or marketability of the Property, including, but not limited to (a) any implied or express warranty of merchantability, or (b) any implied or express warranty of fitness or suitability for a particular purpose, or (c) any representation regarding compliance of the Property with applicable laws, ordinances, rules, regulations or requirements, zoning, subdivision, building, fire or environmental matters. The Escrow Agent shall conduct the Closing and Closing costs and prorations shall be allocated between Library, in its capacity as seller and Seller, in its capacity as buyer, as provided in Articles 5 and 6 of this Agreement. If Seller fails to timely deliver the Repurchase Notice to Library or if Seller notifies Library that it intends to repurchase the Property but fails to close the repurchase within one hundred twenty (120) days thereafter, Seller shall not be in default under this Agreement, but Seller's right to repurchase the Property as a remedy for Library's breach of its covenant regarding Commencement of Construction and Substantial Completion of the library branch building shall terminate and shall be of no further force and effect. 9.4 Definitions. For purposes of this Article 9, the following terms shall have the following meaning: 15 25 "Commence Construction" or "Commencement of Construction" means the earlier of: (a) commencement of mobilization, site preparation, demolition, grading, excavation for the foundation of the branch library building or other improvements to be constructed as part of the library building project or any combination of such events, or (b) the date the Library delivers the notice to proceed with construction to its general contractor. "Substantial Completion" means that the Library's general contractor has substantially completed the construction of the branch library building shell and core including completion of all structural concrete work, including floor slabs, the installation of all exterior walls, exterior doors, windows, roof, and construction and installation of all site utilities with plumbing, electrical, water and sewer lines, telecommunication conduit and other utilities stubbed to the boundaries of the Property. Completion of construction and installation of interior improvements to the building such as interior drywall, distribution of utility services within the building, installation of interior, non -load bearing walls, interior lighting, wall, floor and ceiling finishes and other customary tenant improvements, such as installation of library shelving, books, computer equipment and other furniture, fixtures and equipment is not required in order for the Library to have achieved Substantial Completion of the library building. 9.5 Survival. The provisions of this Article 9 shall survive Closing and recording of the Deed to the Property. In addition and in express consideration of the Library's agreement to Seller's right of repurchase as set forth herein, if Commencement of Construction and Substantial Completion of the library branch building occurs within the time period set forth in Section 9.1 above, the Parties agree that Seller's repurchase right shall terminate and shall be of no further force or effect. At Library's request, Seller shall execute and deliver a written acknowledgement of the termination of its repurchase right, executed in recordable form. ARTICLE 10: MISCELLANEOUS 10.1 Parties Bound. Seller may not assign this Agreement without the prior written consent of Library, and any such prohibited assignment shall be void. Library may not assign this Agreement without the prior written consent of Seller and any such prohibited assignment shall be void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the respective legal representatives, successors, assigns, heirs, and devisees of the Parties. 10.2 Headings. The article and paragraph headings of this Agreement are for convenience only and in no way limit or enlarge the scope or meaning of the language hereof. 10.3 Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible, the remainder of this Agreement shall be deemed valid and operative, and effect shall be given to the intent manifested by the portion held invalid or inoperative, unless rights and obligations of the Parties have been materially altered or abridged by such invalidation or unenforceability. The failure by either Party to enforce against the other any term or provision of this Agreement shall not be deemed a waiver of such party's right to enforce against the other Party the same or any other such term or provision. 10.4 Governing Law. This Agreement and said other instruments shall, in all respects, be governed, construed, applied, and enforced in accordance with the laws of the State of Washington. 10.5 Survival. The provisions of this Agreement that contemplate performance after the Closing and the obligations of the Parties not fully performed at the Closing shall survive the Closing and shall not be deemed to be merged into or waived by the instruments of Closing. 10.6 No Third Party Beneficiary. This Agreement is not intended to give or confer any benefits, rights, privileges, claims, actions or remedies to any person or entity as a third party beneficiary or otherwise. 10.7 Entirety and Amendments. This Agreement and the exhibits hereto and the documents intended to be delivered by the Parties pursuant to the terms and conditions of this Agreement, including the Lot Consolidation and easements contemplated thereunder, the Library Development Agreement, the Library Easements and the S. 144th Street Improvements Agreement embody the entire agreement between the Parties and supersedes all prior agreements and understandings relating to the Property including that term sheet as approved by the City Council on 16 26 June 25, 2012. This Agreement may be amended or supplemented only by an instrument in writing executed by the Party against whom enforcement is sought. 10.8 Agreement. Time. Subject to the provisions of Article 9, time is of the essence in the performance of this 10.9 Attorneys' Fees. Should either Party employ attorneys to enforce any of the provisions hereof, the Party losing in any final judgment agrees to pay the substantially prevailing Party all reasonable costs, charges and expenses, including attorneys' fees, expended or incurred in connection therewith. 10.10 Notices. All notices required or permitted hereunder shall be in writing and shall be served on the Parties at the addresses set forth in Paragraph 1.1. Any such notices shall be either (a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) Business Day after deposit with such courier, (b) sent by telefax, in which case notice shall be deemed delivered upon confirmation of the receipt of the transmission of such notice, or (c) sent by personal delivery, in which case notice shall be deemed delivered upon receipt. A Party's address may be changed by written notice to the other Party; provided, however, that no notice of a change of address shall be effective until actual receipt of such notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice. Notices given by counsel to Library shall be deemed given by Library and notices given by counsel to Seller shall be deemed given by Seller. 10.11 Construction. The Parties acknowledge that the Parties and their counsel have reviewed and revised this Agreement and agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. 10.12 Calculation of Time Periods. Unless otherwise specified, in computing any period of time described herein, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday or legal holiday for national banks, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. The last day of any period of time described herein shall be deemed to end at 5 p.m. Seattle, Washington time. 10.13 Procedure for Indemnity. The following provisions govern actions for indemnity under this Agreement. Promptly after receipt by an indemnitee of notice of any claim, such indemnitee will, if a claim in respect thereof is to be made against the indemnitor, deliver to the indemnitor written notice thereof and the indemnitor shall have the right to participate in the defense of such claim, (and, if the indemnitor agrees in writing that it will be responsible for any costs, expenses, judgments, damages and losses incurred by the indemnitee with respect to such claim, to assume the defense thereof with counsel mutually satisfactory to the parties; provided, however, that an indemnitee shall have the right to retain its own counsel, with the fees and expenses to be paid by the indemnitor, if the indemnitee reasonably believes (even in view of the indemnitor's agreement to be so responsible) that representation of such indemnitee by the counsel retained by the indemnitor would be inappropriate due to actual or potential differing interests between such indemnitee and any other party represented by such counsel in such proceeding). The failure to deliver written notice to the indemnitor within a reasonable time of notice of any such claim shall relieve such indemnitor of any liability to the indemnitee under this indemnity only if and to the extent that such failure is prejudicial to the indemnitor's ability to defend such action, and the omission to so deliver written notice to the indemnitor will not relieve it of any liability that it may have to any indemnitee other than under this indemnity. If an indemnitee settles a claim without the prior written consent of the indemnitor, then the indemnitor shall be released from liability with respect to such claim unless the indemnitor has unreasonably withheld such consent. 10.14 Further Assurances. In addition to the acts and deeds recited herein and contemplated to be performed, executed and /or delivered by Seller to Library at Closing, Seller agrees to perform, execute and deliver, but without any obligation to incur any additional liability or expense, on or after the Closing any further deliveries and assurances as may be reasonably necessary to consummate the transactions contemplated hereby or to further perfect the conveyance, transfer and assignment of the Property to Library. 17 27 10.15 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one Agreement. To facilitate execution of this Agreement, the parties may execute and exchange by facsimile counterparts of the signature pages. 10.16 Acceptance. This Agreement shall not be effective for any purpose until it has been executed and delivered by both Seller and Library; execution and delivery by one Party shall not create any option or other right in the other Party. 10.17 Confidentiality. To the extent permitted by law, including the Washington State Public Records, Act, each Party shall hold in confidence all documents and information furnished by the other Party and any information obtained through Library's inspection of the Property (other than matters of public record or matters generally known to the public). The foregoing provision shall not, however, be construed to prohibit any Party from making any disclosures to any governmental authority which it is required to make by law or to prohibit Library from disclosing (Library having the affirmative right and consent of Seller to disclose), to its officers, directors, escrow officers, title insurer, accountants, consultants, attorneys and other third parties involved in completing the purchase and sale of the Property such documents, information or terms of this transaction as is necessary or desirable for Library to perform its due diligence or as otherwise is customarily disclosed to them in connection with similar transactions. In addition, both Parties expressly consent to the other Party holding public meetings from time to time regarding the Property and the disclosure of such information about the Property that each Party deems necessary or appropriate. 10.18 No Partnership. Nothing contained in this Agreement is intended, nor shall it be construed, to create a partnership or joint venture or other special relationship between the Parties hereto or to render either of the Parties liable or responsible for the debts or obligations of the other Party. 10.19 Recitals Incorporated; Definitions. Each of the recitals set forth above is incorporated into this Agreement as though fully set forth herein. All capitalized terms not otherwise defined herein shall have the same meaning as defined in the DDA. 10.20 Excusable Delay (Force Majeure). In addition to the specific provisions of this Agreement, and notwithstanding anything to the contrary contained elsewhere this Agreement, Library shall not be in default in the performance or the failure of performance of its obligations under this Agreement, or in the delay of its performance, where such failure or delay or the failure or delay by the Developer in the performance of its obligations under the DDA, the Development Agreement or the Library Development Agreement is due to war, insurrection, strikes, lock -outs or other labor disturbances, one or more acts of a public enemy, war, riot, sabotage, blockade, embargo, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation, court order, delays or failures of performance by any governmental authority or utility company (so long as Library or Developer, as applicable, seeking the extension has adequately complied with the applicable processing requirements of such governmental authority or utility company), delays resulting from changes in any applicable laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any governing body with jurisdiction, delays resulting from the weather or soils conditions which necessitate delay, delays resulting from litigation (including suits filed by third parties concerning or arising out of this Agreement, the DDA or the Development Agreement) or any other cause beyond the reasonable control or without the fault of the party (Library or Developer) claiming an extension of time to perform or an inability of performance. The Library's lack of funds or Library's inability to finance the construction of the branch library building on the Property is not a cause beyond the reasonable control of, or without the fault of, the Library. The extension of time for any cause shall be from the time of the event that gave rise to such period of delay until the date that the cause for extension no longer exists or is no longer applicable, in each case as evidenced by a notice from the Library or the Developer claiming the extension. An extension of time for the duration of such event will be deemed granted if notice by the Library is sent to Seller within ten (10) days from Library's actual knowledge of the commencement of the cause and such extension of time is not rejected in writing by Seller within ten (10) days of receipt of the notice (such extension of time is referred to herein as "Force Majeure"). The occurrence of any Excusable Delay or Force Majeure by the Developer under the DDA, the Development Agreement or the Library Development Agreement shall automatically constitute an Excusable Delay or Force Majeure Event under this Agreement. Times for performance under this Agreement may also be extended in writing by Seller and the Library. 18 28 10.21 Substitute Parking or other Easements. In the event there is any default by the Developer under the DDA, the Development Agreement or the Developer Temporary Construction Easement or any delay in commencement of construction of the First Development Phase or the Library Shared Infrastructure beyond October 1, 2015, or delay in completion of construction of the First Development Phase or the Library Shared Infrastructure by the Developer which has an adverse impact on the ability of the Library to construct the library building on the Library Parcel or to obtain a certificate of occupancy for the library branch building or to operate a public library on the Library Parcel, City agrees, upon written request of the Library and for no additional consideration, to grant Library substitute easements for construction staging, temporary construction office and contractor parking, access and parking either on the Tukwila Village Property, to the extent available or, if not available, on the Great Bear Motor Inn property owned by City and located at 14420 Tukwila International Boulevard and /or the Boulevard Motel property owned by the City located at 14440 Tukwila International Boulevard as may be necessary for the Library to construct and operate a public library on the Library Parcel until such time as the Library Shared Infrastructure has been completed and the Library is able to exercise the easement rights contemplated under the Lot Consolidation and related easements and the Library Access/Parking Easement. The provisions of this Section 10.21 shall survive the closing of the sale of the Property to the Library. 10.22 Library's Payment of Pro Rata Share of S. 144th St Street Frontage Improvements. In addition to the purchase price and notwithstanding any provision of the S. 144th Street Improvements Agreement to the contrary, the Library will also reimburse the City for its pro rata share of the cost of construction of street frontage improvements to S. 144th St. which will be more particularly described in the S. 144th Street Improvements Agreements in the amount of $125,707 upon final completion of such street frontage improvements, which agreement shall survive the closing of the sale of the Property to the Library. City and Library agree that Library's payment of $125,707 to City shall constitute full and complete satisfaction of Library's obligation to construct or reimburse the City or the Developer for street frontage improvements to the Library Parcel, including but not limited to the street frontage improvements more particularly described in the S. 144th Street Improvements Agreement. Library acknowledges that the City has not yet finalized design of the street frontage improvements. Library agrees to grant City a sidewalk easement along the southerly boundary of the Library Parcel if necessary to complete installation of the street frontage improvements described in the S. 144th Street Improvements Agreement so long as such grant shall not result in a violation of any setback or other land use or zoning requirement or render the Library Parcel or the branch library to be built thereon a non - conforming use under then applicable law. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written LIBRARY: KING COUNTY RURAL LIBRARY DISTRICT, d /b /a KING COUNTY LIBRARY SYSTEM, By: Name: Its: APPROVED AS TO FORM; SELLER: CITY OF TUKWILA, a Washington CITY ATTORNEY municipal corporation By By: Name: Name: Its: 19 29 EXHIBIT A Lot Consolidation Application with Maps A -1 30 EXHIBIT B LEGAL DESCRIPTION OF LAND Certain real property located in the City of Tukwila, King County, Washington and more particularly described as follows: Proposed Parcel D of City of Tukwila Lot Consolidation No. L -13 -021 to be recorded in the real property records of King County, Washington. B -1 31 City of Tukwila Department of Community Development 8300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 4313670 FAX (208) 431-3665 E maii: piannIngetukwllaWA.00v LOT CONSOLIDATION NO. L13 -021 DECLARATION KNOW ALL MEN BY THERE PRESENT THAT WE, THE UNDERS GNU:, OWNER(5) IN FEE SIMPLE OF THE LANG HEREIN DESCRIBED DO HEREBY MARE A LOT CGNSOUDATTON 1HERE0F PURSUANT TO RCW 59.17 040 AND DECLARE THIS ADJUSTMENT 10 BE THE GRAPHIC REPRESENTATION OF THE SAME. AND THAT 5uD ADJUSTMENT 15 N4AOE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DE51RE5 OF THE OWNER(5) . IN w11NE55 WHEREOF wE HAVE SET OUR HANDS AND SEALS. TITLE THE CITY OF TUKWILA, A MUNICIPAL CORPORATION ACKNOWLEDGMENT STATE OF S5. I couNTY of 1 CERTiF7 THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT 45 THE PERSON WHO APPEARED BEFORE 140, AND SAID PERSON ACKNOWLEDGED THAT HE /SHE/THEY SIGHED THIS INSTRUMENT, ON OATH STATED HE /SHE/THEY EXECUTED THE INSTRUMENT AS OF THE CRY OF TOKwILA, AND ACKNOWLEDGED IT TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSE5 MENTIONED Hy THE 195IRU4ENT DATED 1116 DAY Or 2014 NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON PRINTED NAME R£540NG AT 44Y APPOINTMENT EXPIRES 5 14157 5T S 142ND 5T S 144TH 5T 5 146TH 5T 3 VICINITY MAP 3/ N.T.B 5 146114 5T APPROVALS IUKTNLA 910RT 9JWIM9O11 C011LOilEE APPROVAL WARTED AND APPROVED BY THE SHORT SU90MSTOIN CCIARIT0E 4440 HEREBY CERTIFIED FOR RUNG 1145 _ DAY OF 2014. CHAIRPERSON, SHORT 91BOM9dN COMMITTEE RING COUNTY DEPARTIWENT OF ASSESSMENTS EXAMINED AND APPROVED 7415 _____ 047 OF 7014 KING COUNTY ASSESSOR 152304 -9242, 152304 -9096. 152304 -9092, 155420 -0005, 155420 -0010. 155420 -0015, 155420 -0020. 155420 -0025, 155420 -0030, 155420 -0036. 155420 -0037, 155420 -0033, 155420 -0035, 155420- 0034, 004000 - 0190, 004000- 0194, 004000 -0146, 004000 -0145, 004000- 0191, 004000- 0196, 004000 -0198 TAX ACCOUNT NINBER5 RECORDER'S CERTIFICATE FILED FOR RECORD THIS DAY OF 2013 AT Al IN BOOK _____ OF AT PAGES AT THE REQUEST OF BARGHAUSEN CONSULTING ENGINEERS, INC, NIANACER SUPT OF RECOR05 MONO MIL DE5CRIP110NS: 1111E PARCEL k THAT P0R11014 OF LOT 9 IN BLOCK 3 OF JAMES CLARK'S GARDEN A0017109 90 THE CITY OF SEATTLE. AS PER PLAT RECORDED IN VOLUME 13 OF PUTS. PAGE 12. RECORDS OF KING COUNTY WASHINGTON. ANO OF THE SOUTHEAST 114 OF THE 5OuTIAVE51 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EA51 W M. IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 812.6 FEET OF THE EAST 425.5 FEET OF SAID SOUTHEAST 1/1; THENCE SOUTH 01'27'30' WEST 200 FEET TO THE TRUE POINT Or BEGINNING Or THIS DESCRIPTION; THENCE SOUTHWESTERLY TO A P0117 044 THE EASTERLY UNE OF PACIFIC HIGHWAY 5011TH (STATE ROAD NO 1), DISTANT SOUTHERLY 250.50 FEET (A5 UEASURED ALONG SAID EASTERLY UNE) FROM THE INTERSECTION OF 5410 EASTERLY LINE WITH THE NORTH UNE OF THE SOUTH 012,6 1107 OF 5ND SOUTHEAST 1/4; THENCE 50U1HERLr ALONG 5410 EASTERIr HIGHWAY UNE TO THE SOUTH UNE OF 541p LO7 9 THENCE EASTERLY ALONG SAO SOUTH UNE TD THE SOUTHEAST CORNER THEREOF: THENCE SOUTHERLY 10 A PONT ON THE NORTHERLY UNE OF A TRACT CONVEYED TO 21814 HUNINCTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO 412377. THENCE EASTERLY ALONG 5,410 NORTH LINE 70 A POINT WHICH BEARS SOUTH C1'27'30` WEST FROM THE TRUE POINT OF BEGINNING. THENCE CONTINUING EAST TO A POINT 40504 FEET WEST FROM THE EAST UNE Or SAID SOUTHEAST 1/4 Or SOUTH sowwwsr THENCE NORTH PARALLEL WITH 5410 EAST UNE 65 FEET THENCE NORTHWESTERLY TO THE TRUE POINT OF BEGINNING. TOLE PARCEL A-1: A NON- EXCWSNE EASEMENT FOR INGRESS 414 EGRESS WER A STRIP OF LAND 20 FEET IN WIDTH THE SOUTHERLY UNE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH UNE OF 744E HORN 398.1 FEET OF THE EAST 525.5 FEET OF THE SOUTH 812.6 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF 5ECAON 15, 10WN5HIP 23 NORTH, RANGE 4 EAST W.M.. 100 FEET DISTANT EAST OF THE NOR1HYFE5T CORNER Or SAO SUED IS10N, THENCE SOUTH 01.27'30- WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THE SOUTHERLY UNE OF THE EASEMENT HEREIN 005CRIBEO: THENCE 50UTIfWE51ERLY TO A POINT ON THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (STATE ROAD N0. 1) WHICH POINT 15 250.50 FEET SOUTHERLY A5 MEASURED N,ONG SAID HIGHWAY FROM A POUT N 144E EAST 144RGIN OF SAID HIGHWAY 661AN1 23.40 FEET. MORE DR 1(55, WEST OF THE WE51 UNE OF THE SU4OINSION HEREIN DESCRIBED AND ON THE NORTH UNE THEREOF AS THE 5444E I5 PRODUCED WESTERLY 110E PARCEL � THE NORTH 185.90 FEET OF THE 500TH 430.9 FEET OF THE KY 505 FEET OF THE EAST 1 031 FEET OF THE SOUTHEAST 01.1.414TER OF THE 50UT11WE51 QUARTER OF SECTION 15, TOWNSHIP 23 NORTH RANGE 4 EAST W.M., EN KING COUNTY, WASHINGTON. 1.11116 EASTERLY OF WASHINGTON STATE HIGHWAY ND. 9 (PACIFIC HIGHWAY SOUTH). TILE PARCEL C: LOTS 1 THROUGH 6 INCLUSNE. CHERRY LANE. ACC0401NC TO THE PLAT THEREOF RECORDED IN VOLUME 46 OF PLATS. PAGE 21 IN KING COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF 4151 AVENU1 SOUTH WHICH INURED THERETO EN VACATION ORDINANCE N0. 2429, RECORDED JUNE 16, 2014 AS RECORDING NO. 20140616000228 DOLE PARCEL R THE SOUTH 245 1107 OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 Of SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 (AP WM. IN KING Cougar. WASHINGTON LYING EASTERLY OF THE STATE HIGHWAY N0. 1 EXCEPT THE SOUTH 20 FEET THEREOF CONVEAtD TO KING r0UN7Y FOR ROAD BY I145TRU4ENT RECORDED UNDER RECORDING NO 1156645. AND EXCEPT THAT POR110N OF THE SOUTHEAST 1/4 Or THE SOUTHWEST 1;'4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING SOUTHWESTERLY OF THE AAC OF A CIRCLE HAVING A RADUS OF 12.5 FEET WHICH IS TANGENT 10 1441 NORTH RIGHT OF WAY LINE OF SOUTH 144TH STREET AND THE EAST RIGHT OF WAY UNE OF PACIFIC HIGHWAY SOUTH, [OWE= 10 KING COUNTY EN DEED RECORDED UNDER RECORDING N0. 7409040396 TOLE P4RCEE E: L0T A Or SHORT PLAT N0. 90 -9 -55, RECORDED UNDER RECORDING N0. 9010240314, BEING A PORTION OF 101 7. CHERRY LANE, ACCORDING 10 THE PLAT THEREOF RECORDED IN VOLUME 48 OF PUTS, PAGE 21, IN KING COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF 11ST AVENUE SOUTH WHICH INURED THERETO BY VACATION ORDINANCE NO 2429, RECORDED JUNE 16, 2014 AS RECORDING N0. 20140616000228. 1111E PARCEL 9: LOT 8 Or SHORT PUT NO 90 -9 -55. RECORDED UNDER RECORDING NO 9010240314, BEING A PORTION OF LOT 7, CHERRY UNE, ACCORDING TO THE PUT THEREOF RECORDED N 00100E 48 Or PUTS, PAGE 21, IN KING COUNTY. WASHINGTON. TOGETHER WITH THAT PORTION OF 415T AVENUE SOUTH KFH1H INURED THERETO BY VACATION ORDINANCE NO 2479, RECORDED JUNE 16, 2014 AS RECORDING 140. 20140616000228. 1711E PARCEL C: THE NORTH 220 FEET OF LOT 7, CHERRY UNE, ACCORDING 10 THE PU1 THEREOF RECORDED N VOWVE 48 OF PLATS, PAGE 21. N KING C0UN7Y, W4544NG7044. EXCEPT THE NORTH 132 FEET THEREOF TOGETHER WIT THAT PORTION OF 4151 AVENUE 5014111 WHICH INURED THERETO BY VACATION ORDINANCE 440. 2429, RECORDED JUNE 16, 2014 AS RECORDING N0. 20140616000228. 1710E PARCEL Ft LOT 7. CHERRY LANE. 4CC090NC TO THE PLAT THEREOF RECORDED IN VOLUME 46 Or PUTS, PACE 21. IN KING COUNTY WASHINGTON, EXCEPT THE NORTH 220 FEET THEREOF AND EXCEPT THE SOUTH 64 FEET THEREOF TOGETHER WIN THAT P0R11DN OF 4(51 AVENUE 50411H WHICH INURED THERETO 8Y VACATION ORDINANCE NO 2129, RECORDED JUNE 16, 2014 AS RECORDING NO 20140516000228. TRUE PARCEL h 1HE SOUTH 64 FEET OF LOT 7, CHERRY LANE, ACCOR0N0 TO THE PUT THEREOF RECORDED IN VOLUNE 46 Or PLATS_ PACE 21 IN KING COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF 4151 AVENUE SOUTH MUNICH INURED THERETO 87 VACATION 0901114910E NO- 2429, RECORDED JUNE 16, 2014 AS RECORDING NO 20140616000278. 1111.0 PARCEL 3; (041ENi1014N17 DELETED) LAND SURVEYOR'S CERTIFICATE: THIS LOT CONSOUDAIION CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH STATE AND COUNTY STATUTES IN MAY 2013. RW! 9 G! 2Y, P WASHINGTON RFC' g. 46315 1116114 DATE IVOL. PG. 1111E PARCEL K: THAT PORTION OF THE NORTH 105.12 FEET of L0T 13 LYING EASTERLY OF STATE ROAD 440 1 IN BLOCK 2 OF 40AL1S 410440 TRACTS. AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31. RECORDS Or KING COUNTY, WA5NING1044 EXCEPT THOSE PORTIONS OF L07 13 CONVEYED FOR ROAD PURP05E5 TO KING COUNTY STATE Or WASHINGTON, RECORDED UNDER RECORDING NO 7501150141 AND TO THE STATE OF WA5II440'014 RECORDED UNDER RECORDING NO 9603260430. RECORDS OF KING COUNTY, WASHINGTON. 1119.E PARCEL L THE WEST 60 FEET OF THE NORTH 83 FEET OF 101 14 N BLOCK 2 Or ADAMS Rout TRACTS A5 PER PLAT RECORDED IN VOLUME 11 Or PLATS. PAGE 31, RECORDS OF KING COUNT', w454144CTON 1119.E PARCEL IA THAT PORTION OF LOTS 13 4440 14 IN BLOCK 2 OF *EAU HOME TRACTS IN KING COUNTY, WASHINGTON, DESCRIBED AS F0110w5. BEGINNING AT A POINT 60 FEET EAST AND 159 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14; THENCE WESTERLY 16 FEET: 2 THENCE NORTHERLY 26 FEET: THENCE KRSTHEA 78.51 FEET TO 744E EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH; s 1 THENCE EASTERLY 1 9. ALONG SAID HIGHWAY 23,74 FEET; THENCE EASTERLY 109.85 TER; THENCE NORTHERLY 22.20 FEET; THENCE EASTERLY 60 FEET; THENCE SOUTHERLY 7060 FEET TO POINT OF BEGINNING 1111E PARCEL N: THAT PORTION OF LOTS 12, 13 AND 14 144 BLOCK 2 OF ADANS HOME TRACTS IN ((INC COUNTY, WASHINGTON, DESCRIBED AS 10110195; BEGINNING 60 FEET EAST AND 125 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14; THENCE WESTERLY 198,14 FEET TD THE EASTERLY 44RGN OF PACIFIC HIGHWAY 5011TH; THENCE NORTHEASTERLY RANG SAID HIGHWAY 63.02 FEET; THENCE EASTERLY 79.51 FEET; THENCE SOUTHERLY 26 FEET: THENCE EASTERLY 100 FIR THENCE 50(41HERLY 34 FEET 70 POINT OF BEGINNING. 1119.E PARCEL L01 14 114 BLOCK 2 Or 4DAU5 HOME TRACTS, AS PER PLA' RE :OR0E0 IN VOLUME 11 OF PLATS, PAGE 31. RECORDS OF KING COUNTY, WASHINGTON. EXCEPT THE WEST 60 FEET THEREOF VILE PARCEL P: THE WEST 286 FEET OF LOT 15 IN BLOCK 2 Of ADAMS 01010 TRACTS. AS PER PUT RECORDED PI VOLUME 11 OF PLATS, PAGE 31, REC01705 OF KING COUNTY, WASHINGTON. SITUATE 1N THE CITY OF TUK1114, C0UN10 OF KING, STATE OF WASHINGTON TOLE PARCEL 0: LOT 15, BLOCK 2, ADAMS HOME TRACTS, ACCORDING 70 THE PUT THEREOF, RECORDED IN VOLUME 11 OF PLATS. PACE 31 N KING COUNTY, WASHINGTON. EXCEPT THE WEST 295 FEET THEREOF AND EXCEPT THE SOUTH 11.5 FEET THEREOF AND EXCEPT THE EAST 30 RR THEREOF SURVEYOR'S NOTES: BASIS OF BEARING — NADS3 /91 PER CITY OF TUKWILA THE 84515 OF BEARNG5 FOR TH15 SURVEY IS N40 83/91 PER CITY OF TUKWILA, CITY OF TUKWILA HORIZONTAL CONTROL POINT N0. 17 (5. 1/4 CORNER OF SEC 15) 1945 HELD FOR POSITION 4740 A -IRE BETWEEN SAD POINT NO 17 AND CITY OF TUKWILA HORIZONTAL CONTROL POINT N0. 1925 WAS HELD FOR ROTAI.ON BEING NORTH 8T 354 22' TYESr. PROCEDURE / NARRATNE: A FIELD TR6YER5E USING A 11114486E 5600' ROBOTIC T07A1 STATION, TREMBLE S6* 9060140 TOTAL STATION AND TOPCOR GR3 CPS SUPPLEMENTED WIN 11E10 NOTES WAS PERFORMED. ESTABLISHING 711E ANGULAR. DISTANCE. AND VERTICAL RELATIONSHIPS BETWEEN THE 44014011 NT5, PROPERLY LINES, 410 TOPOGRAPHIC FEATURES 15 SHOWN HEREON THE RESU.IING DATA HEFTS OR MEWS THE STANDARDS TOR LAND BOUNDARY SURVEYS AS 511 FORTH IN RAC 332 -130 -090. REFERENCE MAPS: 1 RECORD- OF- SVRYEY REC.N0.20050725900010 2 RECORD -OF- SURVEY REC.N0.20010711900012 3 RECORD -OF- SURVEY REC.13.20050603900013 4 RECORD -OF- SURVEY REC.N0.20011029900014 5 PUT OF ALES CLARKS GARDEN 400110* VCL13, PG 12 6 PUT OF ADAMS HOME TRACTS VOLIO, 10.31 ENCROACHMENT NOTES: 1 THERE AR0 NUMEROUS ITIUT1ES ALONG 144E WEST LINES OF TITLE PARCELS A, B AND C 1407 0ON'NNE 47I'E-1N EASEMENTS 2 THERE ARE A FEW ENCROACHMENTS ALONG THE BOUNDARIES. SEE SHEET 2 AND 3 3 THERE ARE A FEw OvERIAPPING LEGAL DESCRIPTIONS AS SHOWN 4 THERE ARE TWO 51GNIF CANT CAPS IN DESCRIPTIONS. ONE IN THE NORTH PORTION OF THE 5TE ANG 79E 0,14ER 15 IN THE SOUTH PORTION Or THE SITE SEE SHEETS 2 ARO 3 PRNATE INGRESS, EGRESS & UI1LfflES EASEMENT AND MAINTENANCE AGREEMENT NO1E: DNS LOT CONSOUPATION CONTA45 AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES FOR THE BENEFIT OF THE OWNERS OF PARCELS A 8. C, AND D OF /HIS LOT CONSOLIDATION. OWNERSHIP OF SAID PARCELS A, B, 0, AHD D WITHIN THIS LOT CONSOLIDATION INCLUDES AN (OVAL AND UNDMDED RESPONSIBILITY FOR 1HE MAINTENANCE OF SAID EASEMENT AND THE CONSTRUCTION, MAINTENANCE, REPAIR AND REPLACEMENT OF IMPROVEMENTS CONTAINED THEREIN NEW LOT AREAS: PARCEL A. 63 989 50. FT (1 47 AC ) PARCEL 0: 66,176 50. FT (1.52 AC ) PARCEL C: 31.663 50 FT (0 73 AC ) PARCEL 0. 20.799 50. R (0 48 AC ) PARCEL E 64 310 50., FT. (1.94 AC ) 18215 72(40 AVENUE SOUTH KENT. WA 98032 (425 :251 -6222 (425 :251 -8782 FAX CAL TNITAKpWf„ G1O rMN1a 014 491'449. 044#01940114L 11004a3 DRAWN BY 5744 DATE D7/15/13 SCALE: N/A CHECKED BY' BOC JOB NO 15255 PTN OF THE SE1 /4, OF THE SW1 /4 OF SEC. 15, AND PTN OF THE NE1 /4 OF THE NW1 /4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON 0ale/Tme 11/6/2014 1.23 PM Scole 1- = r KANDERSON SFET 1 OF City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98165 Telephone (206) 4313670 FAX (206) 431-3665 E -mail: pianning66tukw(IaWA.gov LOT CONSOLIDATION NO. L13 -021 (NOTE NO1 ALL SYuB0L5 u40 APPEAR CAE THE YNP) p 0 EE21 O 0 (ra ED O — X - -0- --0— = C —1(4*)- _rpq —.50 - - 55 — ,509 MAI I' RO11 P60/N3 UP OAR' S 60.16 EaCDR LUUNNNRE (LIM) YARD 14tT POWER NETER POKER PULE JUNCTION BON (AS NOTED) TELEPHONE LWI1OE CATCH BASIN (CO STORU 4JANHOLE (SOON) Way SENOR Lw4HOLE (5514H) CIFANWT (AS NOTED) GA5 UETER GAS VALVE 114TER VALVE (NV) FIRE In'ORAN1(FH) / CONNEC110N(F0C) WATER UANNOLE 144TER *E101 81.011-OFF / ANVAC SIGN 140NITOR rat DIRECTIONAL ARROA SURVEY *014UUEM (A5 NoTEo) BENO1wax 5ECTI0N CORNER (A5 NOTED) FOUNO REBAR /CAP (AS NOTED) FOUND LEAD/TACK SURVEY CONTROL STATION HANd0AP CONCRETE GRAVEL/SAND (AS NOTE0) ASPHALT BUILDING LINE CHAIN LINK FENCE *000 FENCE BARBED WIRE FENCE HOGWIRE FENCE WATER LINE GAS UNE OVERHEAD /UNDERGROUND TEL. UNE OVERHEAD /UNDERGROUND PWR. UNE STOMA UNE SEWER UNE 20' 1PP001D94.11 K E55 0 EGRESS DAMS REFJO.T 021113002063 a C1?'E14.5 C4‘PGE,14 PLODS P v b�• 'A Ur1Po'c'" ▪ rasa s,r *a /c* 15)23504 O35 N & 035' L a COP FM 5/r R[6AR/04 610 1 IS 001IOMS 5' SPf01 (ANENT I5' SET EASEMENT MO 1 /2. REC *14663932 REC N34453933 IEBARmo up O.tT N OF COAL T NOT35'311r 120.40'� 135•lr 6 56735.47E 1$12' LOT Lr1 f0 BE RE1401Ep(TYP) I two 5ECIo 1s- mou1W P05RNA1 1000 I/r -814/GP la 12 S0T35'310 16263' 147.82' PARCEL A 5 6- 13'35' 8.11160.00',' 1.7;71' LOT UNE TO BE REIJOVEDOIPI 146153111 117.33' 6-31'36' 1 -1601' a . M 10T4225. ' 8.1250' 3 TDEIAIR 000041 RLC140 709040397 5' 5ENE11 E450EN1 OG10062270 D esI; � $ 5875.54.E 135.1r i n LOT LINE f0 BE RLU01[p(TYp) — O5T' CAP IR r 1 Ig 38T35101: 135.Tr Folio 1 1/4 • 4 *0 PPE/ No DP 0.1 5 a CDR. 3 C 517T35'32'E 13512' 2 4 Ip r Ear33'314V 14792' 90_9 V.40 90 1n2A* 59 R5 C 3`10 PA RC E_ 8 _ F _watt TO BC Kuovto 7Ap� TBT353Ib 11793 4151 AMU 50121* R-0-4 ,1WION REC 1n 20140616000726 G 1LT35'3r1t 147 .82' H 7 CDTL ( TO BE 8040vEDm Nar3571111 147.93 50127141r _Il735311f 17541. S. 144TH STREET ■ 58735311 trral)i 1358' SEE SHEET 3 EXISTING LOT CONFIGURATION, EASEMENTS & IMPROVEMENTS Imr35311f 147.62' a►o EASED 3/r COPPER —. Mt IN VON Co** or • • • - 58735'31( REDRAW 5(6422 O 14 11 05 EOM. O 1°;' Rpl PIPE/ND DP 027 E a Cal. TAO votAk 9012 01•. 21• P 5° US EASEMENT N4.4o94032 2327 16215 72ND AVENUE SOUTH I , .Z KENT. WA 98032 1425)251 -6222 n T R, (425 :251 -8762 FAX INONIXANG, We PL90.00' 4'0 [HON1. 5111NEYP C. DAMOHH011N SETWO3 T l L__ 0140-01'' 140. 11 P 50Y35$1'E 242.46' DRAB 4. 5114 OATS 05/3/13 SCALE 50, CHECKED Br BOG JOB NO 15255 1 10*40 UC 51/4 CDR. SEC 15 COY Or 04040 COWRY PONT (I: SECTION 15 SECTION 22 VOL PG f QRAFT S 0 15 5L SCALE; 100 PTN OF THE SE1 /4, OF THE SW1 /4 OF SEC. 15, AND PTN OF THE NE1 /4 OF THE NW1 /4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA. KING COUNTY. WASHINGTON 0d10152558LA01 d.41 Dale/Tme 11/6/2014 1.23 P1! Scdlel" = 1' KANDEiiSON Xrei - - -- 0 4 a. SHEET 2 OF City of Tukwila Department of Community Development 6300 5outhcenter Boulevard, Tukwila, WA 98788 Telephone (206) 431 -36T0 FAX (206) 431.3665 E•mall: planning@tukwllaWA.gov LOT CONSOLIDATION NO. L13 -021 _SEE_ SHEET 2 / S. 1447N STIIEET Is tora'aTi -•— — 59735'311 war— 7l, ran . Is rj(L ROAD' !� ' roam, 2$0.12'—. ss. lJ 51• 56r35li'E 57.97 son CP:I SLOPE [AMR ` _2661' r —06.26F- 20.130 REt110.7In120165 t A l S' sort L6500 r I-' a 14C14T442 22, Off 021096 FIG .90.7(06 0102'9 565r53'D6 0 SAD' K L El 4 larr3rr mot pi moo no N6T35:11�r ID9.93' aAWAN UP BSI leT36 77Rw tk ADAM t4 G. 31 1 3 LOT EWE TO BE 00(09027w) 631 14 N 14111oear 62717114 111 196.12' 12 10' S1oPE E04I611I REC1102591475 (JILT 040 LOT 12) 1 Its 090' UP r- ---I 71s � Y gt 14 PAa 16 Dawn ?_bIY REC- 14.2W706,100m6 ROM 6T RECAP. 706761900169T R[iIOYEe 10' DRNEWAT (JSENE 1 I[C110.7766994 & 10' 2910 642I10 RLC.H0.761IR29E09 60.72' EQr•TV'S/y 97 15 CASED 2/L._.. 14/4 /1 RIIQ1 COO 011' i 55735117E 1473 104 yr ROARICIP (5132506 2L5r 23 EXISTING LOT CONFIGURATION, EASEMENTS & IMPROVEMENTS 116.22' I*726541r V7.IX 50I.06'S0'r 1150' 22 n ,n6-091 �p91 K RAC' N0 ZDp90 MAO IACKALS ER ON PROP LINE F N) LEA0/IACX 10110 FEW 2 0000 ,z Rl:6W/GP 0122341 SEE SHEET 2 70Ro MC so CDR. SEC 15. arr ix 1066LA OwR IX ROWI 117 507151FE SECTION 15 0 25 50 100 10215 72ND AVENUE SOUTH f KENT. WA 90032 (425)251 -6222 .v (425)251 -6162 PAM ,4' cm. ONwm1NC. LANG NAK NO. r P010 rMGM�� SLANTING, EINNIO10 IAL SWAM SCALE: 1'060' CL PG AFT LECielD (NOTE. 901 ALL SYMBOLS WAY APPEAR ON 1HE MAP) WMIN9RE (1161.) YARD LIGHT KKR METER POWOi 401.0 JUNCTION 605 (AS NOTED) 1ELEPNONE MANHOLE C*ICH BASIN (CB) STORY (AWHOIC (SOWN) SANIIARY SEWER M0064041 (SSYH) CTSANOUT (A5 NO100) T:AS METER GAS WOE WATER VOLVO (WY) riVE HY0RHI1(TH) / Cat0RECTON(FOC) WATER MANHOLE WATER METER BLOW -OFT / ARYAC SIGN UOIw10R WE4 DWECIIONAL ARR0W SURVEY 110NuIEN1 (AS 0431E0) BENCHMARK SICTION CORNER (A5 NOTED) FOUN0 90008 /CAP (AS NOTED) m0010 LEAD/000 059717 CONiR01. STATION HANDICAP CONCRETE GRAVEL /SAND (AS NOTED) ASPHALT BUILDING UNE CHAIN LINK FENCE WOOD FENCE BARBED WIRE FENCE NOGWIRE FENCE WATER UNE GAS UNE OVERHEAD /UNDERGROUND TCL UN0 OVERHEAD /UNDCRGR0UN5 PWR LINE 510011 UNE SEWER UNE PTN OF THE SE1 /4, OF THE SW1 /4 OF SEC. 15, AND PTN OF THE NE1 /4 OF THE NW1 /4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON 0 6/2 014 t :; PSI SHEET 3 c City of Tukwila Department of Community Development 5300 Southcenter Boulevard, Tukwila, WA 98155 Telephone (205) 4314570 FAX (206) 4314665 E -mail: planningftukwilaWA.gov LOT CONSOLIDATION NO. L13-021 (NOTE. NOT ALL SYMBOLS IAAY NNW ON THE MAP) UIWNAIRE (um) YARD UCHT P OKER PETER P ONLR POLE JUNCTN3N BOY (A5 NOTED) TELEPHONE uANHOLE CATCH BASIN (CB) STORY Nowa (SDYH) SAN1ARY SEWER MANHOLE (SSW) CLFANOUT (AS NOTES) GAT NETER G AS VALVE WATER VALVE (WV) UNE HYDRMNT(fHI / CONNECTIONI+']:I WATER uNHOLE WATER PETER BLOW -Orr / Msv c SIGN MONITOR WELL SRECRNONAL ARROW SURVEY MONUMENT (AS NOTED; BENCHUARK SECTION CORNER (AS NOTED) fOUND REBAR /CAP (AS NOTED) rouND IUD/TACK SuRYEY CONTROL SVATO MANDICW CONCRETE GRAVEL /SAND (AS NOTED) ASPHALT BVILDING UNE CHAIN LINK FENCE W00D FENCE BARBED WIRE FENCE NOGWIRE FENCE WATER LINE GAS UNE OVERHEAD /UNDERCROUND TEL. UNE OVERHEAD / /UNOERCROuND PWR_ LINE STORY UNE SEWER UNE 1 I 950,99-$ ti �` 15 SEM EA301D81 NEC ND. WIC STOW =NCI EOM REC. NO. Wlli125 _ AfAEDEMI ssrFss'31i PARCEL A l� ORM EA97E311 AFC. NI 58T351I'E 162.63' IIIEORARr A 030011 REC. ND 20140129000560 19110120000161 8.7t315T R.1960.00` / L.7.74` PARCEL D sra-wa5 E 72526' J. 98/351511 16.17 Jg R-O -r TEMATrN REC NO suzrasw 2.47 S. 14 TH STREET S0T3571i 367.x7' — _ TOPCOAT NIBS tASWE2fl --- REC. NO. 20146kS0M t 20l40SOSIY06 4 PARCEL C � L I`} f ,Ill1 31 560408/1 141.70' PARCEL B EASEMENT MW wrODK CE Afl9l1E R Ia. OM WWII MO MUM MREEion Ijl AFC. NO. NEW LOT CONFIGURATION & EASEMENTS - SEE SHEET 5 FW7353F7! 152.18' 7 �O GQ 9pM1w 1y 12 4 COL- 21' SIORrt 9RNN16C "AIM 000MON J; MIBYNCE UMW 6EC NO SQT35J1'E 417j — GHA 011, 18215 72141) AVENUE SOUTH Z KENT. WA 98032 (425)251 -6222 (425 )251 -5762 FAX '1MW rxaM4'� • flnWlO:x:UIYI SQn10E5 T ) ( E 587353i 242.46' 1#LA1 ski DATE 05/3/13 SCALE: T' 50' CHECKED 8T JOB NO 15255 CORER SECTION 15- CMOJATED Kemal IVOL PG. f 0RAF? 0 25 50 100 r. SCALE: V.60' PTN OF THE SE1 /4, OF THE SW1 /4 OF SEC. 15, AND PTN OF THE NE1 /4 OF THE NW1 /4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON E e. SHEET 4 7 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 4314670 FAX (206) 4314665 E -mail: plannIngatukwilaWA.gov LOT CONSOLIDATION NO. L13 -021 — SEE SHEET 4 5. 14 TM STREET 3571831'E 38722. 116739'S4 W 196.17' 56735'331161.55' I ' 1 5aT21251 639 R-O-w 0EDICA9n+ REL. NO 56f52'26t 1619t �( 1 LI 1 rJPARCEL E I i 1 L__ 501Vii 951131172 Loo - �C - 406 -00 r�YyOinPtAVAID N) 9gg0002 RAG SAO �� LOX U4aen REC. 14 14173954.5 97.3]' 23 NEW LOT CONFIGURATION & EASEMENTS T$T36"511r 97.13 — - - - -� 22 • SEE SHEET 4 I f 5a73S'311 mu' 0 25 50 18215 72140 AVENUE Soo+ 'f. KENT. WA 98032 (125)251 -6222 (125)251 -5782 FAX 41' DIL nbEF11tIG. IAID NA INNG. / r% N6w�'`A SI NTIIMC. DNNOWIORIL sown 100 SCALE: 1" ■150' DRAWN ~ STU DATE 05/3/13 SCALE. 1`.15" CHECKED 01' BOG JOB NO 16255 Iv04. . P1 DRAFT (N01E. NOT ALL SYYBDLS ALAY APPEAR ON THE YAP) LUWNAIRE (11,11.1 .) YARD UGH1 POWER NOR POWER POLE -FACTION BOX 05 NO1m) TELEP1g*E MANHOLE CATCH BASIN (CB) STORY MANHOLE ISLAM) SANITARY SEWER YAFRIOLE (55uH) CLEANOUI (A5 N01ED) CAS uETER as VALVE wA1ER VALVE (w) FIRE HYDRANT(F11) / CONNECTION(rDC) WATER W 1411011 WATER uEtER 9L0W -OFT / AIRVAC SIGN YON00R WELL OWEC10NAL ARROW SURVEY IAONDYE61 (AS NOTED) BLNCHwIM SECTION CORNER (A5 NOTED). route) RE8AR /CAP 0.5 NOTED) route 'LLD/TACK SURVEY CONTROL VAIN HANDICAP CONCRETE GRAVEL /SAND (A5 NOTED) ASPHALT BUILDING USE CHf1N LINN FENCE w000 FENCE BARBED WIRE FENCE HOGVARE FENCE WATER 1114E GAS UNE OVERHEAD /UNDERGROUND TEL. 1I40 09ERHEAD /UNDLRGROUND PWR. VAC STORY UNE 5EwER UNE PTN OF THE SE1 /4, OF THE SW1 /4 OF SEC. 15, AND PTN OF THE NE1 /4 OF THE NW1 /4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON Oaleme.11 /6/2014 124 FY Scale r u) v1 SHEET 5 OF 'J City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila. WA 98188 Telephone (206) 431-3670 FAX (206) 4314665 E-mail: planning tukwilaWA.Oov LOT CONSOLIDATION NO. L13 -021 SPE EL =PAM (PER FIRST MICRON TELE INSURANCE COUPAHY ORDER N0. HLS- 637798-841 DATED AUGUST 26, 2014 AT 7.30 A4) 1 -2 NOT APPLICABLE TO BE 5140811 ON SURVEY 3. EASEMENT, INCLUDING TERMS MO PROJ1540445 CONTAINED THEREIN: RECORDING NFORMAfON: MARCH 8. 1930 AS AMONG N0. 2591475 N FAVOR OF THE STATE Or WASHINGTON FOR: TO EXTEND SLOPES. GRADES 09 (4BANK4EN15 AFFECTS: PORTION OF PARCEL N (PLOTTED 4ERED 4) ONLY DOA LOT 12 4. 045EM {NT. INCLIDNG TERNS MO PROVISIONS CONTAINED THEREIN. RECORDING NTORMANON: JULY 3, 1947 A5 RECORDING N0. 3702188 FOR DRAINAGE PIPES AFFECTS: PORTION OF PARCEL M (HOT- PLDTTA& g4NKET N KUUI( OVER A PORTION OF Tiff BEST 80' OF LOT 14, AREA GEF4ABLY PLOTTED (HEREON. 5. CASEMENT, INCWOIN6 TERNS AHD PROd90N5 CONTAINED THEREIN: RECORDING NFORIAUON: NOVEMBER 18. 1947 AS RECORDING NO. 3745751 N FAVOR Or KING COUNTY WATER DISTRICT j36 FOR: 5ERVS AFFECTS PORTION OF PARCEL P (NOT PLOITJOLE) BIANXET N NOME 04TH TIE IK!ES1 266' OF LOT 15 6. ANY AA 411, OFFERS OF DEDICATION, ODIDITIONS, RE5TRICTI0449, (MUMS,. FENCE UNE /BOUNDARY DISCREPANCIES, NOTES u4D.0R PROV151095 SHOWN OR 045[105(D BY SHORT PULT 014 PUT CHERRY LANE RECORDED N VOLUME 48 OF PLATS. PACED) 21 AFFECTS P4RCEL5 C, E. f, 0. H AND (HOT PLOTFABIfj 7 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN. RECORDING INFORMATION. MARCH 25. 1948 AS RECOR0NC N0. 3785994 FOR DRHEWAY AFFECTS. WEST 10 FEET OF PARCEL 0 (PALMED ) B. AGREEMENT DILUTED BY AND SEEKER THE PANES HERON NAMED UPON THE CONDITIONS WREN PRONGED. BETWEEN. F 4. LONG. ET WI AND KING COUNT7 WATER °ASTRICT j38 DATED JANUARY 31. 1948 REED9 :4$ OCTOBER 13. 1952 RECORDING NFORIM06N: 4280075 PRONG4G AS FOLLOWS. CONNECTION 10 DRAINAGE LNE AFFECTS PARCEL P Nur PLENUMS) 9. AG8EE4(NT EXECUTED BY AND BETWEEN THE PARTIES HERON NAMED UPON 1HE [MOONS THEREIN PROVIDED. 80180 4 WILLED MNNNG. ET AL, AND KING COUNTY WATER 015TRICT 138 DATED. MAT 28, 1949 RECORDED: OCTOBER 10, 1952 REC0R014G NFORLAAT0+4: 4280076 PROVIDER AS FOI10W5: SEWER UNE MAINTENANCE AFFECTS FARCE. P (4107 PIOTTAB1E) HEART OVER SOUTHERLY P09104 OF LOT 15 13. VALERIE EXECUTED BY MD BETWEEN THE PARTIES HEREIN 1WMED UPON THE CONDITIONS THEREIN PROVIDED. BETWEEN. JOHN A DEN, ET UK, AND XING COUNTY DAr(O. FERBER( 03, 1951 RECORDED 4E9RIURY 11, 1953 REWORDING INFORMATION 4314485 PROVI0NG AS 40(1015. CTO44SENT TD ME NATJRAL FLOW ;F1 ..f:FACE WATER FROM THE PUT OF CHERRY LANE 10 BE CORR40 N ITS NATURAL CHANNEL ACROSS 64 SMELT PROPERTY AND TO HOLD KING COUNTY BLAMELESS FOR ANY DAMAGE 11WT MAY BE CAUSED BY SAID DRAINAGE FLOW AFFECTS PARCELS E THROUGH I (APPROTUATELY SHORD SEE THE LOCATOR OF THE MR 94400 C14 4441 044 S4E£r 2 11 EASEMENT 4NCLUOI4G TE M5 AND PR04454045 CO/FINNED DEREK RE :OR046 IHFORMAh014 JANUARY 2, 1958 AS RECORDING NO 4862270 N FAVOR Or VAL WE SEWER DISTRICT FOR, A 698911Y 5404R1 SEWER ME OR UNE5 AFFECTS: PORTION OF PARCEL 0 (PLOTTED IEREDN) 12. EASEIIEM INCLUDING TERMS AND PROWSION5 CONTAINED THEREIN: AE ::ORONO INFORMATION: AIRWAY 8, 1958 AS RECORDING N0. 4863932 111 FAVOR OF VA1 WE SEWER DISTRICT FOR: A GRAVITY SANITARY SEWER UNE OR LINES AFFECTS: PORTION OF PARCEL A (PLOTTED HEREON) 13. EASEMENT NCLUONC TERM5 AND PROV5gN5 CONTAINED THEREIN: RECORDING INFORMATION_ JEWRY 8. 1958 AS RECORDING N0. 4663933 N FAVOR OF VA V14E SEWER 05TRICT FOR: A GRAVITY 5A4T4RY SEWER IAN{ OR LINES AFFECTS: PORTION OF PARCEL A (Kanto ,ERryo ) 14 INTENTIELALLY DELETED. 15 EASEMENT. INCLJ01NC URNS AND PROVISIONS CONTAINED THEREIN. RECORDING Nf0RYA10N: NNE 19, 1974 AS RECORDING N0. 7406'90219 11i FAVOR OF KING COUNTY MR: SLOPES AFFECTS; PORTION OF PARCEL 0 (FUMED HEREON) 16. 4I5(UENT, NCWONG TERMS AND PROVISIONS CONTAINED THEREIN: RECGN0ING INFORMATION: JUNE 19, 1974 AS RECORDING N0. 7406197721 IN FAVOR OF TONG COUNTY FOR: SLOPES AFFECTS: PORTION OF PARCEL 0 (ED 17 RIGHT 10 MAKE 440ES5ARY SLOPES FOR CURS DR FILLS IKON SAID PREM6(7 MR KING CC1NTY AS 7RANTE3 BY E'E(9 RECDN( SEPTE48CR 04 1974 UNDER RECORDING 410. 7409040396 AFFECTS. PORTION OF PARCEL 3 (NOT PLOTT9BE) BLANKET 6i NATURE 18 EASEMENT, NCWONC TERNS u10 PROVISIONS CON1144(0 THEREN: RECORDING INFORMATION: SEPTEMBER 4, 1974 AS 11(009R0NG N0. 7409040397 N FAVOR OF KONG COUNTY FOR: S0EWN.K AFFECTS: PORTION OF PARCEL O (PLOTTED HEREON) 19 EASEMENT. INCWOING TERNS AND PROVISIONS COMARI(0 MERCK RE0R0N6 INFORMATION: NOVEMBER 1, 1974 AS RECORDING NO 7411010445 4N JAW Or 114 CRY OF 5EARLE FOR: ELECTRIC 19ANSW50+011 AND 9518430104 LINE 44041TE5 AF4ECT5' 1404110E 04 PARCEL D (DOF9f7 0411(1) DLF78PI13N 6 1050 OF NFEi6481001. BLVD. 20. EASEMENT, !KILO G TERNS NO PROVISIONS CONTAINED THEREIN. RECORDING N4091451 N: NOVEMBER 1I 1974 AS RECORDING N0. 7411120163 IN FAVOR OF KING COUNTY FOR: SLOPES AFFECTS: P0911014 OF PARCEL L (PLOTTED HEREON) 21 (45E4ENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN. RE :1IRDNG INFORMATION NOVEMBER 13, 1974 AS R0101401NG NO 7411130393 IN 71VDN 04- KING COUNTY FOP: SLOPES AFFECTS: PORTION OF PARCEL K (00(011 AFFECT) AREA 440* 5 15niti PUBUC R/1 22 R1GH1 TO 4AKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES 40R RING COUNTY AS GRANTED BY DEED RECORDED JA94481 15, 1975 UNDER R00080NG N0. 7501150141 AFFECTS: PORTION OF PARCEL K (NOT rowan BLANUEI N N41111K 23. CONO4TTON9, NOTES, EASEMENTS. PROVISIONS AND /OR ENCROACHMENTS (0NT4NEO OR 001441 ATEO ON 'NE FACE GE R4E SUMP RECORDED UNDER RECORDING 410 7611029038 AFFECTS: P4F4005 0 AND P (Pl09ED 4480011) 24. CONNT DNS, NOTE5, EASEMENTS, PROVISOES MO/OR ENCROACHMENTS CONTAINED OR DELINEATED 04 1140 F4 0 OF 1M SIANEY RECORDED UNDER RECORDING NO 8001239002. AFFECTS: PARCELS B AND C (44019(01(1811) 25. RICH1 OF ENTRY A 8(114(N1 AND THE TERMS AD ..0NO10NS THEREOF. BETWEEN: Td 04BLEN5144 OF WASHINGTON, INC. 440• LED 4µ1N RECORDING 1NFOR44TON: r.IIY 1. 1986 AS REM:R➢NG NO 8807010903 (1401 RLORAHE) 26. AGREEMENT NO THE TIRES ND 00410RgN5 THEREOF BETWEEN. VAL WC SEWER DISTRICT ND: THCAMS 4. AND BARBARA L WHITLEY RECORDING INFORMATION: 5EPTEL8ER 76 1986 AS RECORDING NO 8809260956 AFFECTS: PARCELS G. N AAA • (NOT PLOITAHE) 27 NT AND Au 044ER5 or OE010ATWN, CONDN0445. RE514(1106. EASEMENTS FENCE UNE/BOUNDARY DSCREPNO(5, NOTES N0 :044 PROVISIONS SHOWN OR 05CL05LD 100 SHORT PLAT N0. 90.9 -SS RECORDED WIDER RECORDING NUMBER 8010240314. 4140(15:PMC0.5END1 (Nor PLOTT48( ) 28. CONDITIONS, 440105. EASEMENTS, PROVISIONS N0;'0R ENCROACHMENTS CONTAINED OR DELINEATED ON THE FACE OF THE SURVEY RECORDED UNDER RECORDING N0. 9210079005. AFFECTS: PARCEL J (NOT P10114011) GH 4(4, 18215 72440 AVENUE SOUTH fr KENT, WA 98032 (425)251 -6222 (425)251 -8762 FAX G4 �- 4 •• 0111. wGARZNAD. LANG HAKMC. A' "c eMCtM�� SLNRYMG. ENAIONMQIiu SONVICES 29. EAS{NENT. NCLUDN6 TERU5 4N0 PROM540445 Mon) THEREN: RE0040446 INFORMATION: LARCH 21. 1994 AS RECOR0NC 110 9403212327 FOR: CAS U44 AFFECTS: PORTION or PARCEL I (FUMED 4411 30. LEASE AND THE TERNS AND O0N01140N5 THEREOF AS DRUGGED DV MEMORANDUM OF LEASE. LESSOR: FREDRICK W MCCONKEY NA MCCONCEY EIAERPR15E5 LESSEE. 9RUN SIN0H WARE AND JASMANDER PAB8E 064 INTERNATIONAL MOAN CUISINE DATED: AUGUST 13, 1999 RECORDED: AUGUST 16, 1999 RECORDING INFORMATION. 19990816000531 AFFECTS PARCEI5 48 AND l Nor (410114(017+010) !VOL PG. r!!'s 31 IMEN1ON4LLY DELETED. 32 fA0E4Q0, INCLUDING TERMS AND PR04010N5 COMNNED THEREIN: {CORDING INFORMATION. JJNE 14 2002 AS RECORDING N0. 20020614001446 N FAVOR 0F. THE HOUSING AUTHORITY CF THE C01MI1' OF KNG FOR PARKING AFFECTS: PORTION Of PARCEL 0 SAID EASE4ENT 5 FURTHER CLARIFIED BY INSIRU4ENT REC094ED MARCH 30, 2007 AS RECORDING H0. 20070330001697 (palm HEREON) 31 THE TERNS AND PROASg15 CONTAINED IN THE DOCUMENT ENTITLED '4E40RANOU4 OF 015P05I10H AAA O(YEIOPUENT 4GR(w(Nr RECORDED: FEBRWRY 12, 2013 RECORDING 140., 20130217001512 (AFFECTS ALL PARCELS) (NOT PL01T418LE) 34 THE TERMS AND PREVISIONS CONTAINED IN THE DOCUMENT ENTITLED 140408 41AI OF DEVELOPMENT AMREEN{NI. RECORDED: FEBRUARY 12, 7013 RCCORDND N0. 20'30212001613 00014ENT RE- RECORDED MEWS 30 2013 AS RECORDING NOS 20131230000989 AND 70131230000990 OF 066043. RECORDS. (AFFECTS ALL PARCE153 Nor Karma) 35 -36. N01 APPLICABLE TO R{ SHOWN ON SURVEY 37 THE TERMS ND P908140445 CONTAINED N THE DOCUMENT ENTITLED 'VAUJEY NEW SEWER DISTRICT DEVELOPER EITEN90N AGREEMENT- RE'XRDED DECEMBER 5, 2013 AS RECORDING 1$0 20131205001010 OF OFFICIAL 9000RDS. (140r PL011AALE) 38. 010071141. *101(10 16 TERMS AND PROV1540445 CONTAINED THEREN RECORDING INFORMATON: FEBRUARY 20. 2014 AS RECORDING NO 20141I20000560 N FAVOR OF. NORMANDY 004RT HOLDINGS. A WASHINGTON DARED LW0LJIY COMPANY NCI: TE1POR4#1 ACCESS (PLED WW1) 39. EASEMENT, INCLUDING TERMS 4N0 PROVISIONS CONTAINED THEREN: RECORDING INFORMATION , FEBRUARY 25 2014 AS RECORDN46 N0. 20140270000561 N FAVOR OF SAMARA NEWER NC, A WASHINGTON CORP0RATICN FOR. TEMPORARY ACCESS (PiDTIED 10E09 40. (ASEMEM, INCLUDING TERNS AND P9045gN5 CONTAINED 1HKREN. RECORDING INFORMATION : MAY 5. 2014 AS RECORDING N0. 20140505000803 N FAVOR OF VALLEY NEW SEWER D5IR1T, A WASHINGTON SPECIAL PURPOSE U518(1 FOR: TEMPORARY ACCESS (PLOTTED FEBEON) 41 EASEMENT, 94CL11DN0 TERU5 AND PROVISIONS (ONTARIO) THEREIN: RECORDING NF0RMA10N: MAY 5, 2014 AS RECORDING 1413 21140505000804 94 FAVOR Of WATER DISTRICT 125, A WASHINGTON SPECIAL PURPOSE 051WNCT FOR. 1E4PORARY ACCESS (PLOR® FIRM) PTN OF THE SE1 /4, OF THE SW1 /4 OF SEC. 15, AND PTN OF THE NE1 /4 OF THE NW1 /4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON Dote/lime 11/6/2014 ?+ SHEET 6 OF City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 4314670 FAX (206) 431 -3665 E mall: plannIngatukwUaWA.gov LOT CONSOL DATION NO. L13 -021 NEW LEGAL DESCRIP11ONS: PARCEL k THAI PORTION OF SOUTHEAST QUARTER 01 THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NLwrH, RANGE 4 EAST. WILLAMETTE 1,1(610N/L MORE PARTICULARLY 0E5CRIBEO AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST OUARTER; THENCE NORTH 6735'31' WEST. 586 32 FEET ALONG THE SOUTH 0110 OF SAID SOUTHWEST QUARTER; THENCE AT RIGHT ANGLES. NORTH 0724 29" EAST" 44 25 FEET TO THE NORTH MARGIN OF SOUTH 144TH STREET AS CONEY() 1.] THE CITY 01 TUKWILA BY 4(1140 COUNTY RECORDING 140 THENCE NORTH 2806'52" EAST. 155 94 FEET TO THE TRUE POINT Or BEGINNING: THENCE NORTH 1827'24• EAST. 33 78 FEET 10 A POINT ON A NON- TANGENT CURVE, THE RADIUS OF WHICH BEARS NORTH 035517" WE51- THENCE NORTHEASTERLY ALONG 1410 ARC 01 A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 4000 FEET. THROUGH A :ENIRAL ANGLE OF ]711'17", AND AN ARC LENGTH OF 29.96 FEET TO A POINT OF REVERSE CURVATURE: THENCE EASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 64.00 FEET. THROUGH A CENIR9L ANGLE OF 4911'35". M+0 AN ARC LENGTH OF 55.32 FEET; THENCE NORTH 06'25'00" EAST, 105 72 FEET TO A POINT OF TANGENCY; THENCE NORTHERLY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20000 FEET, THROUGH A CENTRAL ANGLE OF 0657'36', AND AN ARC LENGTH OF 24 30 FEET; THENCE NORTH 01'2724" EAST, 31 97 FEET 10 THE NORTH LINE OF THE PLAT OF CHERRY LANE, RECORDED IN VOLUME 413, AT PAGE 21' THENCE SOUTH 9735'31- EAST. 31.50 FEET ALONG 5411 NORTH UNE: THENCE NORTH 01'27'24" EAST, 6501 FEET. THENCE NORTH 0715'12' WEST, 13517 FEET; THENCE SOUTH 7514'00" WEST, 151 66 FEET TO THE EA51 MARGIN OF TUKWILA INTERNATIONAL BOULEVARD. BEING A POINT ON A NON - TANGENT CURVE, THE RADIUS OF WHICH BEARS NORTH 680716" WEST. THENCE SOUTHERLY ALONG SAC EAST MARGIN. ALONG THE ARC OF A CURVE CONGA 10 THE WE5T, HAVING A RADIUS OF 1,960!0] FEET. THROI4CH A CENTRAL ANGLE OF 1702'33 ", AND AN ARC LENGTH OF 343.54 FEET TO A POINT WHICH BEARS NOR-H 70132'36" WEST FROM THE TRUE POINT OF BEGINNING: THENCE SOUTH 70'32'36" EAST. 119 35 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO (I) ACCESS EASEMENT AND MAINTENANCE AGREEMENT DATE0 2014 AS RECORDED UNDER RECORDING N0. RECORDS OF KING COUNTY, WASHINGTON, (1) UTILTY EASEMENT AND MAINTENANCE AGREEMENT DATED 2014 AS RECORDED UNDER RECORDING N0. RECORDS OF KING COUNTY, WASHINGTON: (W) STORM DRAINAGE AND DETENTION EASEMENT AGREEMENT DATED 2014 AS RECORDED UNDER RECORDING N0. RECORDS OF KING COUNTY, WASHINGTON; (N) WATERLINE EASEMENT AGREEMENT DATED 2014 AS RECORDED UNDER RECORDING N0. RECORDS OF KING COUNTY. WASHINGTON; (1/) SANITARY SEWER EASEMENT AGREEMENT DATED 2044 AS RECORDED UNDER RECORDING NO, RECORDS OF KING COUNTY, WASHINGTON, (w) PUBLIC STORM DRAINAGE EASEMENT AGREEMENT DATED 2014 AS RECORDED UNDER RECORDING N0. _, RECORDS OF KING COUNTY, WASHINGTON; AND 097) ACCESS AND SHARED PARKING EASEMENT AGREEMENT DATED 2014 AS RECORDED UNDER RECORDING N0. RECORDS OF KING COUNTY, WASHINGTON. PARCEL B: THAT PORTION Or SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST, WILLAMETTE MERMAN. MORE PARTICULARLY 0(50410(0 AS F0110W5: COMMENCING Al 7HE SOUTHEAST CORNER OF 5440 SOUTHWEST QUARTER; THENCE NORTH 67'35'31" WEST, 566.32 FEET ALONG THE SOUTH LNE OF SAID :L'JTHWC 1 QUARTER; THENCE AT RIGHT ANGLES, NORTH 0724'29" FAST. 44.25 FEET TO THE NORTH MARLON OF SOUTH 144TH STREET AS CONVEYED TO THE CITY OF TUKWI1A BY 61146 COUNTY RECORDING THENCE NORTH 20'05'52" EAST, 155.94; THENCE NORTH 1827'24" EAST, 33.76 FEET TO A POINT ON A NON- TANGENT [URVE. THE RADIUS Of WHICH BEARS NORTH 03'55'17' WEST; THENCE NORTHEASTERLY ALONG THE ARC 01 A CURVE CONCAVE 10 THE NORTHWEST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 3T11'17 '. AND AN ARC LENGTH OF 25.96 FEET 10 A POINT OF 0141000 CURVATURE; THENCE EASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 64.00 FEET, THROUGH A CENTRAL ANGLE OF 49'31'35'. AND AN ARC LENGTH OF 55.32 FEE1 BEING 1140 TRUE POINT OF BEGINN1NG; THENCE NORTH 08•25'00' (A51. 105.72 FEET TO A POINT OF 1A46(NCY; THENCE NORTHERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 065736 ", AND AN ARC LENGTH OF 24.30 FEET; THENCE NORTH 01'27'24" EAST. 31.97 FEET TO THE NORTH UNE OF THE PLAT OF CHERRY LANE, RECORDED 04 VOLUME 46. AT PAGE 21, THENCE SOUTH 6735'31" EAST, 194.14 FEET ALONG SAD NORTH UNE TO THE NORTHEAST CORNER OF SAID PLAT; THENCE SOUTH 01'2724" WEST, 379.50 FEET ALONG THE EAST LINE OF 5440 PLAT TO SAID NORTH MARGIN; THENCE NORTH 9735'31" wE51, 152.16 FEET ALONG SAD NORTH MARGIN; THENCE 906111 01'27'33" (A5T. 155.53 FEET TO A POINT ON A NON- TANGENT CURVE. THE RADIUS OF WHICH BEARS NORTH 86•32'36' WEST; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 64.00 FEET. THROUGH A CENTRAL ANGLE OF 63'02'24 ", AND AN ARC LENGTH OF 92.76 FEET 10 THE TRUE POINT OF BEGINNING. SUBJECT TO (Q ACCESS EASEMENT AND MAINTENANCE AGREEMENT DATED 2014 AS RECORDED UNDER RECORDING 140. RECORDS OF KING COUNTY, WASHINGTON; (6) UTILITY EASEMENT AND MAINTENANCE AGREEMENT DATED 2014 AS RECORDED UNDER RECORDING N0. , RECORDS OF KING COUNTY. WASHINGTON; (W) STORM DRAINAGE AND DETENTION EASEMENT AGREEMENT DATED 2014 AS RECORDED UNDER RECORDING N0. RECORDS OF KING COUNTY, WASH1N61O1; (N) WATERLINE EASEMENT AGREEMENT DATED 2014 AS RECORDED UNDER RECORDING NO. RECORDS OF KING COUNTY, WASHINGTON; (V) SANITARY SEWER EA5E1CNT AGREEMENT GATED 2014 AS RECORDED UNDER RECORDING N0. RECORDS OF KING COUNTY. WASHINGTON; (w) ACCESS AND SHARED PARKING EASEMENT AGREEMENT OATE0 2014 AS RECORDED UNDER RECORDING N0. RECORDS OF KING COUNTY, WASHINGTON. CL 3 4WD J IVOL. PG pRAFT PARCEL C: THAT PORT10N or 1- UTHEAST QUARTER OF THE SOUTHWEST QUARTER OF 5EC110N 15. TOWNSHIP 23 NORTH, RANGE 4 EAST. WILLAMETTE MERIDIAN. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID 50UTHwEST QUARTER; THENCE NORTH 6T35'31' WE51, 55632 FEET ALONG THE SOUTH UNE DF SAID 50LR11*E51 QUARTER; THENCE AT RIGHT ANGLES. NORTH 0724'29" EAST 44.25 FEET TO THE NORTH MARGIN OF SOUTH 144TH STREET AS CONVEYED TO THE CRY OF TUKWILA OY KING COUNTY RECORDING NO 1440 THE TRUE POINT OF BEGINNING; THENCE NORTH 20'06'52" EAST, 155.94 THENCE 1406111 19'27'24" EAST. 33.76 'FEET TO A POINT ON A NON- TANGENT CURVE. TIE RADIUS OF WHICH BEARS NORTH 03'55'17" WEST THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE 10 714E NORTHWEST, HAVING A RADIUS OF 4000 FEET, THROUGH A CENTRAL ANGLE OF 371117' AND AN ARC LENGTH OF 25.96 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE 10 THE RIGHT, HAVING A RADIUS OF 64.00 FEET, THROUGH A CENTRAL ANGLE OF 13733'59 _ ANO AN ARC LENGTH OF 146 DB FEET: THENCE SOUTH 01'2733" WEST, 155,53 FEET 10 SAO NORTH MARGIN; THENCE NORTH 6735'31" wE5T. 3140 FEET ALONG SAID NORTH MAROON; THENCE NORTH 0727'55" EAST, 2 40 FEET ALONG SAID NORTH' MARGIN; THENCE NORTH 84'49'09" WEST, 141 70 FEET ALONG SRO NORTH MARGIN. THENCE NORTH 8735'35" WEST. 16.17 FEET TO ALONG SAO NORTH MARGIN THE TRUE POINT OF BEGINNING. SUBJECT TO (I) ACCESS EASEMENT AND M44MENANCE AGREEMENT DATED 2014 AS RECORDED UNDER RECORDING N0. RECORDS Of KING COUNTY, WASHINGTON; (I) UTILITY EASEMENT AND MANTENNCE AGREEMENT DATED 2014 AS RECORDED UNDER RECORDING N0. , RECORDS Or KING COUNTY, WASHINGTON; (1,) STORM DRAINAGE AN0 DETENTION EA5EMEN1 AGREEMENT DATED - 2014 AS RECORDED UNDER RECOR0140 N0. RECORDS OF KING COUNTY. WASHINGTON; (N) WATERLINE EASEMENT AGREEMENT DATED 2014 AS RECORDED UNDER RECORDING NO __ . RECORDS OF KING COUNTY. WASHINGTON: (V) SANARY SEWER E43(MENT AGREEMENT DATED 2014 AS RECORDED UNDER RECORDING NO RECORDS OF KING COUNTY, WASHINGTON; (VI) ACCESS AND SHARED PARKING EASEMENT AGREEMENT DATED 2014 AS RECORDED UNDER RECORDNG NO REC0R05 OF RING COUNTY, WASHINGTON. PARCEL D: THA1 PORTION OF SOUTHEAST 00ARTER OF THE SOUTHWEST 004RTER OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST. WILLAMETTE MERMAN. MORE PARTICULARLY DESCRIBE0 AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAO SOUTHWEST QUARTER THENCE NORTH 8735'31" WEST, 566.32 FEET ALONG THE SOUTH UNE OF 5410 SOUTHWEST Q.IARTER; THENCE AT RIGHT AN6LE5. NORTH 0724 29" EAST, 44.25 FEET TO THE NORTH MARGIN OF 50.111 144TH STREET AS CONVEYED TO THE CITY OF TUKWILA BY KING RECORDING N0. AND THE TRUE POINT OF BEGINNING, THENCE NORTH 6T35'3S- WEST, 125 26 FEET TO THE EAST MARGIN OF TUKw1LA INTERNATIONAL BOULEVARD; THENCE NORTH 20'06'52- EAST, 18493 FEET ALONG SAID EAST MARCH TO A POINT OF TANGENCY: THENCE NORTHERLY ALONG SAD EAST MARGIN. ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1,960.00 FEET, THROUGH A CENTRAL ANC.[ OF 00'13'35', AND AN ARC LENGTH OF 774 FEET THENCE SOUTH 70.3736" EAST 119.35 FEET TO A PONT wHTCH BEARS NORTH 20'06'52" EAST FROM THE TRUE POINT OF BEGINNING; THENCE 5,7UTH 20•06'52" WEST, 155 94 FEET TO THE TRUE PANT OF BECINNNG. SUBJECT TO ACCESS AND SHARED PARKING EASEMENT AGREEMENT DATED - 2014 AS RECORDED WILIER RECORDING NO RECORDS OF KING COUNTY, WASHINGTON. PARCEL E THAT PORTION OF .015 12 THROUGH 15, INCLUSIVE, BLOCK 2, PLAT OF ADAMS HOME TRACTS RECORDED IN VOLUME 11. ANO PAGE 31. RECORDS OF KING COUNTY, WASHINGTON, BEING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECNDN 15. TOWNSHIP 23 NORTH. RANGE 4 EAST. WILLAMETTE MERIDIAN, MORE PARTICULARLY DESCRIBED AS F0L10W5: BEGINNING AT THE INTERSECTION OF THE SOUTH MARGIN OF SOUTH 144TH STREET AS CONVEYED TO THE CITY OF TUKVALA BY KING RE;ORING NO AND THE EAST UNE OF 5410 LOT 15; THENCE IGIJTH 01'16'33" WE5T, 260.19 FEET ALONG 5410 EAST LINE 10 A POINT ON A UNE PARALLEL WHIT AND 11.5D FEET NORTH or THE SOUTH UNE OF 5410 LOT 15: THENCE NORTH 873654" WEST, 97 12 FEET; THENCE SDUTI 01'06'50- WEST. 11.50 FEET TO THE SOUTH UNE OF SAID LOT 15. THENCE NORTH 8739'54' WEST. 97 33 FEET ALONG 5410 SOUTH LINE AND THE SOUTH LINE OF SAID .OT 14 TO A POINT ON A UNE PARALLEL WITH AND 60.00 FEET EAST OF 111E WEST LINE OF SAID LOT 14; THENCE NORTH 01'07'07" EAST. 125.03 FEET ALONG SAID PARALLEL UNE TO A POINT ON A LINE PARALLEL WITH ANO 125.00 FEET NORTH or THE 5�4JTH UNE OF SAID LOT 14: THENCE NORTH 8739'54" WEST. 198.12 FEET ALONG SAID PARALLEL UNE TO 1110 EAST MARGIN OF TUKWILA INTERNATIONAL BOULEVARD. THENCE NORTH 20,06'52' (4451, 160. 57 FEET TO THAT PORTION CONVEYED TO THE iTATE OF WASHINGTON BY DEED RECORDED LNDER KING C:UNT7 49E00494140 410. 9603260430; THENCE SOUTH 69'53'08- EAST 5 -00 FEET ALONG 5410 EAST MARGIN, THENCE NORTH 20'66'52" EASTT, 2C 00 FEET ALONG SAID EAST MARGIN; THENCE NORTH 69•55•50' EAST. 2 71 FEET ALONG 5440 EAST MARG19 10 SAD SOUTH MARGIN OF SOUTH 14410 STREET AS CONVEY() TO THE CITY OF TUKWILA BY KING RECORDING THENCE SOUTH 8735'35" EAST, 161.55 FEET 410NG 5440 SOUTH MARGIN; THENCE SOUTH 0724'25" WEST, 8.39 FEET ALONG 5410 SOUTH MARGIN; THENCE SOUTH 8652'26" EAST. 154.98 FEET TO THE TRUE PONT OF BEGINNING. SUBJECT TO (I) ACCESS EASEMENT AN0 MAINTENANCE AGREEMENT DRIED 2014 AS RECORDED UNDER RECORDING N0. RECORDS OF KING COUNTY, WASHINGTON; (11) ACCESS AND SHARED PARKING EASEMENT AGREEMENT 00E0 2014 AS RECORDED UNDER RECORDING N0. RECORDS OF KING COUNTY, WASHINGTON. 18215 72140 AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)2515762 FAX 4m DmrEETANG, imp 'imam. S11WVE71NG. DMRO4AIOAAL 61%T OR A, 5m DATE 05.'3. 13 SCALE cH(00(O BY 666 15255 PTN OF THE SE1 /4, OF THE SW1 /4 OF SEC. 15, AND PTN OF THE NE1 /4 OF THE NW1 /4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON P \150405 \15255 \survey\ plats \152558LAOI dwg Dafe/Time 14/6/2414 1 24 PM Scale 1" = 1 '<ANDERSON Xief SHEET 7 OF 7 1/