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HomeMy WebLinkAbout2015 - Trail Easement Agreement - Segale Properties LLC - 20150716000578Recording Requested By And When Recorded Mail To: The City of Tukwila City Clerk 6200 Southcenter Blvd Tukwila, Washington 98188 111 11 111 11 111 111 11 11 1111 111 20150716000578 SEGALE PROPERT EAS 85.00 PAGE -001 OF 011 07/16/2015 11:23 KING COUNTY, WA 1 Y EXCISE TAXe NOT r `c4iiRED Kin " 't c,00m TRAIL EASEMENT AGREEMENT Ref. #09 -100 Grantor: Segale Properties LLC, a Washington Limited Liability Company Grantee: The City of Tukwila, a municipal corporation of the State of Washington Legal Description (abbreviated): PTNS OF GOV'T LOTS 2, 5 AND 7 IN SEC 35, TWN 23N, RGE 4 E.W.M.; PTNS OF GOV'T LOTS 8, 9, 10 AND 11 IN SEC 2, TWN 22 N, RGE 4 E.W.M. Additional legal description on pages 7 - 10; hereinafter called Exhibit A. Assessor's Tax Parcel ID #s: 3523049055, 3523049121, 3523049018, 3523049115, 3523049116, 3523049041, 0222049033, 0222049011, 0222049015 I, THIS TRAIL EASEMENT AGREEMENT (this "Agreement ") is made as of the 0Cq day of , 2015 ( "Effective Date "), by and between Segale Properties LLC, a Washington limited liability company, formerly known as "La Pianta LLC," hereinafter called "Grantor ", and The City of Tukwila, a municipal corporation of the State of Washington, hereinafter called "Grantee ". RECITAL Pursuant to Section 4.5.1 of the "Development Agreement By and Between the City of Tukwila and La Pianta LLC for the Tukwila South Development" dated June 10, 2009 (the "Development Agreement "), Grantor has agreed to grant to Grantee an easement over that certain real property described in Exhibit A attached hereto ( "Easement Area "), for a north -south bike and pedestrian trail system, on the terms and conditions set forth in this Agreement. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant of Easement Grantor hereby grants to Grantee, its successors and assigns, a perpetual right and easement in favor of Grantee in the Easement Area to construct, maintain, repair, operate, inspect and replace a paved trail for use by the public as a bike and pedestrian path, including all appurtenances thereto, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other vegetation, obstructions, structures, or obstacles within the limits of the Easement Area ( "Easement "), subject however, to all easements, reservations, covenants, conditions and restrictions of record. Promptly after the exercise of this right to enter onto and use the Easement Area, Grantee, and its respective employees, contractors and agents, shall make reasonable repairs to Grantor's property, as needed due to Grantee's exercise of the rights granted hereunder, to restore Grantor's property to as near to its original condition prior to Grantee's entry as physically feasible. Grantee shall maintain the Easement Area in a safe and good condition at all times, at Grantee's sole expense. Grantor reserves all rights to conduct within the Easement Area any maintenance or reconstruction activities TRAIL EASEMENT AGREEMENT PAGE 1 required for site improvements, and shall be entitled to close the Easement Area to public use for such maintenance or construction purposes for limited times from time to time, provided the Grantee, and its respective employees, contractor and agents, and the public are not unreasonably denied access to the Easement Area. Notwithstanding the foregoing, Grantee shall not permit the public to use the Easement Area until the later of: (i) three (3) years after the Effective Date of this Agreement, or (ii) completion of initial site grading of the Tukwila South area and the Green River Off - Channel Habitat Area as provided in the Development Agreement, but in no event later than four (4) years after the Effective Date of this Agreement. Pursuant to the Development Agreement, the Easement Area described herein is within the crown of the existing Green River levee, which is currently fourteen (14) feet wide in some locations throughout the Easement Area. The Parties agree that at such time that Grantor redevelopments the Segale Business Park or at such time that a new levee is constructed, this Trail Easement Agreement shall be amended to increase the width of the Easement Area in all locations to comply with the requirements of the City's Shoreline Master Program that are in effect at that time. 2. Grantee's Indemnification of Grantor Except as otherwise specifically provided elsewhere in this Agreement, each party shall protect, defend, indemnify and hold harmless the other party and their officers, agents, and employees, or any of them, from and against any and all claims, actions, suits liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or omission of the party's own officers, agents, and employees in either party's use of the Easement Area pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against a party, the party whose negligent action or omissions gave rise to the claim shall defend the other party at the indemnifying party's sole cost and expense; and, if final judgment be rendered against the other party and its officers, agents, and employees or jointly the parties and their respective officers, agents, and employees, the parties whose actions or omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent negligence, each party shall indemnify and hold the other parties harmless only to the extent of that party's negligence. The indemnification to the City hereunder shall be for the benefit of the City as an entity, and not for members of the general public. Without limiting the generality of the foregoing, Grantee shall protect, indemnify, defend, and hold harmless Grantor, and its successors and assigns, from and against any and all loss, costs, claims, suits, liabilities, causes of action and expenses of any kind or nature (including reasonable attorneys' fees) arising out of, related to, resulting from or incurred by reason of or based upon, the release onto or from Grantor's property by Grantee, or any of its respective employees, agents, contractors and /or licensees, of any hazardous or toxic materials or substances, or the violation by any such party of any law or laws regulating the handling, treatment, storage, disposal, release, or transport of any hazardous or toxic materials or substances. 3. Insurance Grantee shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars per occurrence, and shall provide Grantor with a certificate of insurance or evidence of participation in a self- insurance risk pool from time to time upon Grantor's request, and will name Grantor, its successors and assigns, as additional insureds in the event Grantee should choose not to self- insure. TRAIL EASEMENT AGREEMENT PAGE 2 4. Binding on Successors and Assigns The rights, conditions, covenants and provisions contained in this Agreement shall inure to the benefit of and be binding on the parties hereto and their respective heirs, administrators, executors, successors and assigns and shall run with the land. 5. Eminent Domain If any part of any Easement Area is taken by any governmental agency in the exercise of its power of eminent domain, the award granted under such proceedings, or any settlement in lieu thereof, for the taking of such property shall be wholly payable to Grantor. If less than all of the Easement Area is taken, the easement granted herein shall continue in full force and effect with respect to the portion of the Easement Area not taken. If all of any Easement Area is taken, the easement granted herein shall terminate and the obligations hereunder of Grantor and Grantee shall automatically cease and terminate as to that Easement Area when possession is transferred to the condemning agency, except for any obligations concerning events occurring prior to the termination of the easement. 6. Grantor's Reserved Use Notwithstanding anything in this Agreement to the contrary, Grantor reserves the right to engage in any uses that are compatible with the full enjoyment by Grantee of the rights granted in this Agreement. 7. Miscellaneous (a) In the event of any action or arbitration by any party to this Agreement for breach of or to enforce any provisions or rights hereunder, the reasonable costs and expenses incurred by the substantially prevailing party in such action, including, but not limited to, such substantially prevailing party's reasonable attorneys' fees, shall be paid by the other party or parties to such action or arbitration. (b) Neither this Agreement nor any acts of any party shall be deemed or construed by the parties hereto, or any of them, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association. (c) Any modification, waiver, amendment, discharge or change of this Agreement shall be valid only if the same is in writing and signed and acknowledged by all of the parties, and an original thereof is recorded in the real property records of King County, Washington. (d) In the event any term, covenant, condition, provision, or easement contained in this Agreement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Agreement. (e) Paragraph captions are inserted as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or any of its provisions. TRAIL EASEMENT AGREEMENT PAGE 3 Entered into as of the day and year first above written. GRANTOR: SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro Land /Develop - nt, Inc. Its: Manager By: Mark A. Segale, ''resident GRANTEE: THE CITY OF TUKWILA, a municipal corporation of the State of Washington By: TRAIL EASEMENT AGREEMENT PAGE 4 STATE OF WASHINGTON ) ss. COUNTY OF KING On this IS, day of Z-u r - , 2015, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Mark A. Segale to me known to be the person who signed as Vice President of the Manager of Segale Properties LLC, a Washington limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company for the uses and purposes therein mentioned, and on oath stated that he /she was duly elected, qualified and acting as said officer of the corporation, and that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. TRAIL EASEMENT AGREEMENT /15rint Name: Co.—‘,c Notary Public in and for the State of Washington, residing at: A My commission expires: o 2-- +N-- it PAGE 5 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this oil day of , 2015, before me, the undersigned, a Notary Public in and for the tate of Washington, duly commissioned and sworn, personally appeared �Ti Iik / lag° •�rv`. , to me known to be the person who signed as MO of the City of Tukwila, a municipal corporation of the State of ashington, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that sae was duly elected, qualified and acting as said officer of the corporation, that /e., was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. tNafttuita ) At - %two 1 Print Name: /We eG R. 7Let✓- Notary Public in and for the State of Washington, residing at: . j j[a_. My commission expires: Ifig /ko TRAIL EASEMENT AGREEMENT PAGE 6 EXHIBIT A EASEMENT AREA LEGAL DESCRIPTION A STRIP OF LAND 14 FEET WIDE AND 18 FEET WIDE LYING OVER, UNDER AND ACROSS PORTIONS OF GOVERNMENT LOTS 2, 5 AND 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M., AND PORTIONS OF GOVERNMENT LOTS 8, 9, 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE W.M., KING COUNTY, WASHINGTON, SAID STRIP LYING WESTERLY, UPLAND AND ON TOP OF THE LEFT BANK OF THE GREEN RIVER, THE CENTERLINE OF SAID STRIPS BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 01° 19'00 "WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 1319.49 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 87° 51'28 "WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER A DISTANCE OF 870.12 FEET; THENCE SOUTH 02° 08'32 "WEST 23.02 FEET TO THE NORTH LINE OF PARCEL "D" AS SHOWN ON CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02 -029 AS RECORDED UNDER KING COUNTY RECORDER'S NO. 20021007900001., ALSO BEING THE POINT OF BEGINNING OF THIS CENTERLINE; THENCE SOUTH 54° 25'29 "WEST 60.32 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 175.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 23° 14'08 ", AN ARC LENGTH OF 70.97 FEET; THENCE SOUTH 31° 11'21 "WEST 56.07 FEET; THENCE SOUTH 25° 13'26 "WEST 124.94 FEET; THENCE SOUTH 19° 44'53 "WEST 130.81 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 41'48 ", AN ARC LENGTH OF 28.90 FEET; THENCE SOUTH 00° 56'56 "EAST 158.05 FEET; THENCE SOUTH 03° 53'14 "WEST 439.40 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06° 23'23 ", AN ARC LENGTH OF 66.91 FEET; THENCE SOUTH 10° 16'38 "WEST 116.16 FEET; THENCE SOUTH 08° 35'32 "WEST 324.47 FEET; THENCE SOUTH 13° 44'07 "WEST 48.22 FEET; THENCE SOUTH 17° 59'03 "WEST 89.04 FEET; THENCE SOUTH 25° 42'14 "WEST 83.32 FEET; THENCE SOUTH 35° 19'08'WEST 72.50 FEET; THENCE SOUTH 42° 01'04 "WEST 92.04 FEET; THENCE SOUTH 44° 56'00 "WEST 194.49 FEET; THENCE SOUTH 41° 42'13 "WEST 50.64 FEET; THENCE SOUTH 36° 27'55 "WEST 48.56 FEET; THENCE SOUTH 29° 59'29 "WEST 69.78 FEET; THENCE SOUTH 25° 17'40 "WEST 53.02 FEET; THENCE SOUTH 21° 19'08 "WEST 59.71 FEET; THENCE SOUTH 16° 58'04 "WEST 105.48 FEET; THENCE SOUTH 12° 51'45 "WEST 108.55 FEET; THENCE SOUTH 16° 15'00 "WEST 63.97 FEET; THENCE SOUTH 22° 00'04 "WEST 60.29 FEET; TRAIL EASEMENT AGREEMENT PAGE 7 THENCE SOUTH 26° 17'40 "WEST 44.55 FEET; THENCE SOUTH 31° 55'58' WEST 75.39 FEET; THENCE SOUTH 38° 29'15 "WEST 52.84 FEET; THENCE SOUTH 45° 28'34' WEST 68.50 FEET; THENCE SOUTH 53° 40'59 "WEST 60.92 FEET; THENCE SOUTH 62° 56'01 "WEST 54.86 FEET; THENCE SOUTH 70° 43'54 "WEST 36.31 FEET; THENCE SOUTH 79° 59'50 "WEST 35.39 FEET; THENCE NORTH 86° 55'07' WEST 30.18 FEET; THENCE NORTH 73° 05'35'WEST 61.19 FEET; THENCE NORTH 60° 25'53 "WEST 55.43 FEET; THENCE NORTH 51° 16'08 "WEST 34.72 FEET; THENCE NORTH 43° 38'26 "WEST 163.67 FEET; THENCE NORTH 40° 56'56 "WEST 207.92 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 260.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 37'42 ", AN ARC LENGTH OF 116.30 FEET; THENCE NORTH 66° 34'38' WEST 70.04 FEET; THENCE NORTH 72° 05'09 "WEST 78.68 FEET; THENCE NORTH 78° 17'42 "WEST 117.94 FEET; THENCE NORTH 81° 10'56 "WEST 93.43 FEET; THENCE NORTH 86° 22'24 "WEST 47.83 FEET; THENCE SOUTH 86° 04'11 "WEST 71.16 FEET; THENCE SOUTH 79° 12'20 "WEST 74.88 FEET; THENCE SOUTH 71° 33'27 "WEST 78.84 FEET; THENCE SOUTH 65° 19'53 "WEST 18.84 FEET; THENCE SOUTH 59° 07'37 "WEST 43.50 FEET; THENCE SOUTH 53° 01'05 "WEST 160.64 FEET; THENCE SOUTH 43° 08'22 "WEST 52.50 FEET; THENCE SOUTH 35° 18'34 "WEST 44.43 FEET; THENCE SOUTH 31° 40'41' WEST 67.28 FEET; THENCE SOUTH 26° 13'54'WEST 46.05 FEET; THENCE SOUTH 18° 38'12 "WEST 63.41 FEET; THENCE SOUTH 11° 07'05 "WEST 50.82 FEET; THENCE SOUTH 03° 16'01 "WEST 44.35 FEET; THENCE SOUTH 04° 06'27 "EAST 62.61 FEET; THENCE SOUTH 08° 59'15 "EAST 66.64 FEET; THENCE SOUTH 15° 32'58 "EAST 42.53 FEET; THENCE SOUTH 22° 24'19 "EAST 36.18 FEET; THENCE SOUTH 30° 04'39 "EAST 41.91 FEET; THENCE SOUTH 34° 41'29 "EAST 59.99 FEET; THENCE SOUTH 40° 53'18 "EAST 32.42 FEET; THENCE SOUTH 50° 21'36 "EAST 50.58 FEET; THENCE SOUTH 57° 12'43 "EAST 70.22 FEET; THENCE SOUTH 61° 21'51 "EAST 82.41 FEET; THENCE SOUTH 65° 11'32 "EAST 38.81 FEET; THENCE SOUTH 68° 13'02 "EAST 94.08 FEET; THENCE SOUTH 71° 10'50 "EAST 175.88 FEET; THENCE SOUTH 71° 25'58 "EAST 191.33 FEET; THENCE SOUTH 70° 20'34 "EAST 83.81 FEET; THENCE SOUTH 67° 13'11 "EAST 51.27 FEET; THENCE SOUTH 63° 28'26 "EAST 48.30 FEET; THENCE SOUTH 56° 22'29 "EAST 60.23 FEET; THENCE SOUTH 48° 14'16 "EAST 52.88 FEET; THENCE SOUTH 41° 49'21 "EAST 47.08 FEET; THENCE SOUTH 34° 31'48 "EAST 53.80 FEET; THENCE SOUTH 26° 58'40 "EAST 55.76 FEET; THENCE SOUTH 20° 11'26 "EAST 57.86 FEET; TRAIL EASEMENT AGREEMENT PAGE 8 THENCE SOUTH 13° 42'11 "EAST 27.46 FEET; THENCE SOUTH 04° 49'59 "EAST 60.96 FEET; THENCE SOUTH 02° 22'57 "WEST 54.55 FEET; THENCE SOUTH 06° 18'22 "WEST 26.65 FEET; THENCE SOUTH 12° 51'38 "WEST 55.90 FEET; THENCE SOUTH 20° 55'40 "WEST 43.04 FEET; THENCE SOUTH 29° 53'51 "WEST 45.36 FEET; THENCE SOUTH 36° 05'22 "WEST 23.84 FEET; THENCE SOUTH 44° 44'17 "WEST 66.68 FEET; THENCE SOUTH 53° 13'36 "WEST 30.94 FEET; THENCE SOUTH 57° 14'14 "WEST 48.26 FEET; THENCE SOUTH 62° 36'59 "WEST 31.99 FEET; THENCE SOUTH 68° 23'21 "WEST 31.99 FEET; THENCE SOUTH 73° 00'53 "WEST 36.72 FEET; THENCE SOUTH 78° 51'05 "WEST 56.61 FEET; THENCE SOUTH 86° 16'37 "WEST 38.29 FEET; THENCE NORTH 89° 41'40 "WEST 73.51 FEET; THENCE NORTH 87° 18'32 "WEST 315.20 FEET; THENCE NORTH 88° 31'13 "WEST 181.18 FEET; THENCE SOUTH 87° 37'21 "WEST 194.00 FEET; THENCE SOUTH 83° 23'02 "WEST 95.33 FEET; THENCE SOUTH 77° 24'57 "WEST 86.52 FEET; THENCE SOUTH 73° 09'20 "WEST 50.34 FEET; THENCE SOUTH 70° 10'41 "WEST 54.34 FEET; THENCE SOUTH 67° 58'49 "WEST 43.96 FEET; THENCE SOUTH 64° 23'20 "WEST 79.83 FEET; THENCE SOUTH 60° 50'42 "WEST 35.82 FEET; THENCE SOUTH 56° 07'37 "WEST 46.24 FEET; THENCE SOUTH 52° 48'56 "WEST 150.37 FEET; THENCE SOUTH 48° 36'32 "WEST 48.51 FEET; THENCE SOUTH 41° 49'12 "WEST 40.69 FEET; THENCE SOUTH 36° 58'52 "WEST 135.63 FEET; THENCE SOUTH 34° 52'08 "WEST 40.83 FEET; THENCE SOUTH 30° 54'47 "WEST 44.36 FEET; THENCE SOUTH 24° 57'14 "WEST 142.33 FEET; THENCE SOUTH 14° 26'21 "WEST 422.94 FEET; THENCE SOUTH 18° 21'58 "WEST 49.12 FEET; THENCE SOUTH 33° 27'11 "WEST 51.08 FEET; THENCE SOUTH 40° 16'57 "WEST 48.18 FEET; THENCE SOUTH 33° 00'31 "WEST 39.77 FEET; THENCE SOUTH 28° 24'07 "WEST 91.07 FEET; THENCE SOUTH 24° 37'08 "WEST 142.42 FEET; THENCE SOUTH 22° 53'09'WEST 224.26 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 99.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 39'34 ", AN ARC LENGTH OF 35.70 FEET; THENCE SOUTH 02° 13'35 "WEST 786.39 FEET, MORE OR LESS TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2, SAID POINT BEING SOUTH 89° 16'29 "EAST 704.91 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER, AS MEASURED ALONG THE SOUTH LINE THEREOF; THENCE CONTINUING SOUTH 02° 13'35 "WEST 15.65 FEET, MORE OR LESS, TO THE NORTHERLY RIGHT OF WAY MARGIN OF SOUTH 200TH STREET, ALSO BEING THE TERMINUS OF THIS CENTERLINE DESCRIPTION. SAID 14 FOOT WIDE STRIP LIES NORTHERLY OF THE NORTH LINE OF THAT CERTAIN PARCEL OF LAND DEEDED TO GACO WESTERN INC. BY DEEDS TRAIL EASEMENT AGREEMENT PAGE 9 RECORDED UNDER KING COUNTY RECORDERS NO.'S 7308030425 AND 7306150553. SAID 18 FOOT WIDE STRIP LIES SOUTHERLY OF THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND DEEDED TO GACO WESTERN INC. BY DEEDS RECORDED UNDER KING COUNTY RECORDERS NO.'S 7308030425 AND 7306150553 TOGETHER WITH A STRIP OF LAND 18 FEET WIDE, OVER, UNDER AND ACROSS A PORTION OF GOVERNMENT LOT 8 IN SAID SECTION 2, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE SOUTH 89° 16'29 "EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 1251.91 FEET TO THE POINT OF BEGINNING FOR THIS CENTERLINE; THENCE SOUTH 00° 43'31 "WEST 77.55 FEET; THENCE SOUTH 04° 34'09 "EAST 19.46 FEET; THENCE SOUTH 11° 41'57 "WEST 57.88 FEET; THENCE SOUTH 07° 46'20 "WEST 9.12 FEET; THENCE SOUTH 02° 49'38 "EAST 15.21 FEET; THENCE SOUTH 12° 49'02 "EAST 31.39 FEET; THENCE SOUTH 09° 01'22'EAST 24.51 FEET; THENCE SOUTH 03° 08'31 "EAST 24.52 FEET; THENCE SOUTH 00° 09'10 "WEST 101.54 FEET; THENCE SOUTH 01° 24'38 "WEST 47.92 FEET; THENCE SOUTH 02° 38'53 "WEST 19.05 FEET; THENCE SOUTH 07° 24'38' WEST 37.72 FEET; THENCE SOUTH 09° 23'03 "WEST 21.44 FEET; THENCE SOUTH 12° 30'55 "WEST 22.81 FEET; THENCE SOUTH 16° 23'04 "WEST 44.56 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG SAID CURVE, HAVING A RADIUS OF 191.00 FEET, THROUGH A CENTRAL ANGLE OF 19° 54'28 ", AND AN ARC LENGTH OF 66.36 FEET; THENCE SOUTH 36° 17'32' WEST 78.06 FEET; THENCE SOUTH 39° 03'15 "WEST 195.12 FEET; THENCE SOUTH 33° 53'02 "WEST 46.30 FEET; THENCE SOUTH 33° 03'09 "WEST 222.83 FEET; THENCE SOUTH 33° 12'21 "WEST 58.84 FEET; THENCE SOUTH 26° 47'41 "WEST 33.25 FEET; THENCE SOUTH 13° 54'57 "WEST 31.85 FEET; THENCE SOUTH 11° 21'41 "WEST 18.57 FEET; THENCE SOUTH 21° 59'01' WEST 22.03 FEET; THENCE SOUTH 21° 35'07 "WEST 131.30 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2, SAID POINT BEING SOUTH 89° 19'53 "EAST 751.50 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, AS MEASURED ALONG THE SOUTH LINE THEREOF, ALSO BEING THE TERMINUS OF THIS CENTERLINE. EXCEPT ANY PORTION THEREOF LYING WITHIN PARCEL "B" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L 12 -011 AS RECORDED UNDER KING COUNTY RECORDING NO. 20130108900003. TRAIL EASEMENT AGREEMENT PAGE 10 EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 200TH STREET. ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 204TH STREET. ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THOSE CERTAIN PARCELS DEEDED TO GACO WESTERN INC. BY DEEDS RECORDED UNDER KING COUNTY RECORDERS NO.'S 7308030425 AND 7306150553. TRAIL EASEMENT AGREEMENT PAGE 11