HomeMy WebLinkAbout15-176 - Segale Properties LLC - Wetland Mitigation AgreementWETLAND MITIGATION AGREEMENT
BY AND BETWEEN 15 -176
THE CITY OF TUKWILA Council Approval N/A
AND SEGALE PROPERTIES LLC,
THIS WETLAND MITIGATION AGREEMENT ( "Agreement ") is made and entered
into this 30b-day of a p.ra2,t/' , 2015, by and between the CITY OF TUKWILA
( "City "), a non - charter, optional code Washington Municipal Corporation, and SEGALE
PROPERTIES LLC, a Washington limited liability company ( "Segale "), formerly known as
"LA PIANTA LLC."
I. RECITALS
WHEREAS, the City and Segale are parties to a Development Agreement relating to
the Tukwila South development ( "Tukwila South "), dated June 10, 2009 (the "Development
Agreement "), as well as several subsequent amendments and addendums to said Development
Agreement; and
WHEREAS, in 2011, as contemplated in the Development Agreement, City
contractors conducted work on certain property owned by Segale and legally described on
attached Exhibit A (the "Property ") in furtherance of the Southcenter Parkway Extension
Project (the "Work "); and
WHEREAS, the Work required the City to obtain an Army Corps of Engineers permit
(the "Permit "); and
WHEREAS, the Permit required the City to conduct stream and wetland mitigation
(the "Mitigation Work ") on the Property and required that the Mitigation Work be protected
from future impacts by a Declaration of Land Use Restriction and Real Property Covenant
(the "Declaration ") which was recorded under King County Recording
No. 20151012000082, and a copy of which is attached hereto as Exhibit B; and
WHEREAS, the Declaration was executed by Segale, as owner of the Property, but
ongoing monitoring and maintenance of the Mitigation Work is the City's responsibility;
NOW, THEREFORE, in consideration of the mutual promises set forth herein and the
long -term benefit to both the City and Segale, the parties hereby agree as follows:
II. AGREEMENT
1. Responsibilities. The City shall be responsible for all maintenance, monitoring, repair,
restoration, and reporting obligations imposed on Segale pursuant to the Declaration, as it
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may be amended from time to time, and shall comply with the Wetland Mitigation Plan
described therein, as it may be amended from time to time. The City shall refrain from
engaging in any activities that are prohibited by the Declaration, and shall obtain the prior
written consent of both Segale and the Department of Ecology ( "DOE ") /Army Corps of
Engineers ( "ACE ") before taking any action that requires the consent of DOE or ACE
pursuant to the Declaration. Segale hereby authorizes City staff, contractors, or other City
representatives access to the Property for the purpose of fulfilling the maintenance,
monitoring, repair, restoration, and reporting obligations set forth herein.
2. Covenants Regarding Access. City shall exercise its right of access to the Property in
a way that minimizes, to the extent reasonably possible, interference with Segale's use of the
Property. City shall promptly repair, at its expense, any damage to the physical condition of
the Property that results from any entry onto the Property by City, its contractors or
consultants. City shall not permit any mechanics' or materialmen's liens to be filed against the
Property which result in any work performed at the Property by or at the request of City.
3. Indemnification. The City shall indemnify, defend and hold Segale harmless from all
claims, losses, liabilities, and expenses (including attorneys' fees and costs) that are incurred
by or asserted against Segale by DOE, ACE or other third parties and that relate to (i) any act
or omissions of City in breach of this Agreement, (ii) any act or omission that breaches any
obligation in the Declaration assumed by the City pursuant to this Agreement, or (iii) any
negligent act or omission of City as it relates to City's performance or nonperformance under
this Agreement or under the Declaration, including without limitation as a result of the entry
onto the Property by the City, its contractors and consultants. Segale shall indemnify, defend,
and hold harmless the City from all claims, losses, liabilities, and expenses (including
attorneys' fees and costs) that are incurred by or asserted against the City as a result of
Segale's negligence or breach of this Agreement.
4. Dispute Resolution. If a dispute arises between the parties concerning this Agreement
or the Declaration, the parties shall attempt to resolve the dispute through informal discussion.
The parties may also agree to refer the dispute to mediation and shall select a single mediator
to hear the matter. Each party shall bear its own costs, including attorneys' fees, if mediation
is pursued under this section. The parties shall share equally the fees and expenses of the
mediator. The parties agree that any disputes arising under this Agreement that also relate to
an alleged breach under the Declaration may be joined so that they can be resolved in the
same legal proceeding.
5. Term. This Agreement shall remain in effect unless terminated by written agreement
of the Parties.
6. Assignment. Segale may assign this Agreement to any party who purchases the
Property. If Segale sells the Property to a purchaser, then Segale shall be released from all
obligations under this Agreement that accrue after the date of the closing of Segale's sale of
the Property to such purchaser.
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7. Default. A party not in default under this Agreement shall have all rights and
remedies provided by law or equity, including without limitation damages, specific
performance, or writs to compel performance or require action consistent with this
Agreement. In the event the City defaults in the performance of its obligation under this
Agreement, Segale shall, in addition to all remedies available at law or equity, be entitled to
suspend performance of its obligations until the City's default is cured, and /or to cure the
City's default and obtain from City reimbursement of Segale's reasonable costs to cure.
8. General Provisions.
a. Notice. All communications, notices, and demands of any kind that a party
under this Agreement requires or desires to give to any other party shall be in writing and
either (i) delivered personally, (ii) sent by facsimile or electronic mail transmission with an
additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage
prepaid, return receipt requested, and addressed as follows:
If to the City: City of Tukwila
6300 Southcenter Boulevard
Tukwila, Washington 98188
Attn: Mayor's Office and
Director of Public Works and
Director of Community Development
If to Segale:
Segale Properties LLC
P.O. Box 88028
Tukwila, Washington 98138 -2028
Attn: Mr. Mark A. Segale
Fax: 206 -575 -1837
Email: msegale@segaleproperties.com
Notice by hand delivery or facsimile or electronic mail shall be effective upon
receipt, provided that notice by facsimile shall be accompanied by mailed notice as set forth
herein and shall be evidenced by a machine - printed confirmation of successful transmission.
If deposited in the mail, certified mail, return receipt requested, notice shall be deemed
delivered forty -eight (48) hours after deposited. Any party at any time by notice to the other
party may designate a different address or person to which such notice or communication
shall be given.
b. Authority. Each party respectively represents and warrants that it has the
power and authority, and is duly authorized, to enter into this Agreement on the terms and
conditions herein stated, and to deliver and perform its obligations under this Agreement.
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c. Headings. The headings in this Agreement are inserted for reference only and
shall not be construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
d. Time of the Essence. Time is of the essence of this Agreement and of every
provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall
mean calendar days. If any time for action occurs on a weekend or legal holiday in the State
of Washington, then the time period shall be extended automatically to the next business day.
e. Entire Agreement. This Agreement represents the entire agreement of the
parties with respect to the subject matter hereof. There are no other agreements, oral or
written, except as expressly set forth herein.
h
DATED this day of Q k2 , 2015.
CITY OF TUKWILA
By:
r
1�y
•
d i411111
Jim . _ _erton, ;
Attest/Authenticated:
SEGALE PROPERTIES LLC
By: Metro Land Development, Inc.,
Its: Manage
By:
Gtij Cevt-LA,
v
City Clerk
Approved as to Form:
Office of the City Attorney
Mark A. Seg e Presi
ent
STATE OF WASHINGTON
COUNTY OF
) ss.
On this a) b day of QebP,� , 2015, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and swom personally appeared
�i /h t�Cc�d A►�f� , known to me to be the M5Y
of CITY OFJKWILA, the company that executed the foregoing 'instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said company, for
the purposes therein mentioned, and on oath stated that he /she was authorized to execute said
instrument.
I certify that I know or have satisfactory evidence that the person appearing before me
and making this acknowledgment is the person whose true signature appears on this document.
WITNESS my hand and offici.l seal hereto affixed the day and year in the certificate
above written.
11111\ \\\\ ■■•
Signature
4-02 1
Print Name
NOTARY PUBLIC in and for the State of
Washington, residing ate
My commission expires I1 /g'J/ to
STATE OF WASHINGTON
) ss.
COUNTY OF A 1
On this ay of ( :1� , 2015, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn personally appeared
Mark A. Segale, known to me to be the Vice President of Metro Land Development, Inc., the
Manager of SEGALE PROPERTIES LLC, the limited liability company that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said corporation and limited liability company, for the purposes therein mentioned, and
on oath stated that he was authorized to execute said instrument.
I certify that I know or have satisfactory evidence that the person appearing before me
and making this acknowledgment is the person whose true signature appears on this document.
WITNESS my hand and official seal hereto affixed the day and year in the certificate
above written.
`•%'III►►,,,,
ignature 0\3:jei6ROICI,
Print Name
NOTARY PUBLIC in and for the State of
Washington, residing a
My commission expires
Exhibit A
Legal Description of Property
PARCEL A OF TUKWILA BLA L15 -0005 REC #20150318900001 SAID
BLA LOCATED IN W 1/2 OF 35 -23 -04
Exhibit B
Declaration of Land Use Restriction and Real Property Covenant
Declaration of Land Use Restriction and Real Property Covenant Recording No.
20151012000082, 13 Pages (Attached)
WHEN RECORDED RETURN TO:
Segale Properties LLC
PO Box 88028
Tukwila, WA 98138
CONFORMED COPY
20151012000082
SEGALE PROPERT COV 84.00
PAGE -001 OF 012
10/12/2015 09:59
Document Title: Declaration of Land Use Restriction and Real Property Covenant
Grantor: Segale Properties LLC
Grantee: State of Washington Department of Ecology; United States Army
Corps of Engineers
Legal Description:
Abbreviated Legal Description: A portion of the Northeast Quarter of the
Southwest Quarter of Section 35, Township 23 North, Range 4 East of the
W.M., City of Tukwila, King County, Washington
Full Legal Description: See Exhibit A attached
Assessor's Tax Parcel Nos.: 3523049015
Reference Nos. of Documents Released or Assigned: N/A
DECLARATION OF LAND USE RESTRICTION
AND REAL PROPERTY COVENANT
Declarant: Segale Properties LLC, a Washington limited liability company.
Beneficiaries: State of Washington Department of Ecology; United States Army Corps of
Engineers.
Assessor's Tax Parcel ID#: Portion of Parcel# 3523049015
This Declaration of Land Use Restriction d Real Property Covenant (the "real property
covenant ") is made this gA' day o d 015, by Segale Properties LLC
( "Declarant "), for the benefit of the State of Washington Department of Ecology; and the United
States Army Corps of Engineers, referred to herein as "the Beneficiaries ".
WHEREAS, the Declarant makes the following recitals:
A. Declarant is the sole owner in fee simple of the real property located in King County,
Washington, legally described on Exhibit A (the "Property"). A map of the Property is attached
to and made part of this real property covenant, as Exhibit B -1.
B. The Property possesses natural, open space, ecological, and recreational values that are of
great importance to Declarant and the Beneficiaries. These values are referred to herein as the
"Conservation Values" of the Property.
C. The Declarant is creating a real property covenant on this Property in accordance with a
compensatory wetland mitigation plan ( "Wetland Mitigation Plan"), approved by and developed
in compliance with United States Army Corps of Engineers Permit # NWS- 2010 -1031. This real
property covenant is a condition of Permit # NWS- 2010 -1031 that has been issued to the City of
Tukwila (PERMITTEE).
NOW, THEREFORE, in consideration of the above and the covenants, terms, conditions
and restrictions contained herein, Declarant, does hereby establish a real property covenant on
the Property as follows:
1. Declaration of Real Property Covenant
Declarant voluntarily establishes this real property covenant in perpetuity over the Property on
the terms and conditions set forth herein exclusively for the purpose of conserving the
Conservation Values of the Property.
2. Purpose
It is the purpose of this real property covenant to ensure that the Property will be retained forever
in a natural, open space and scenic condition and to prevent any use of the Property that will
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impair or interfere with the Conservation Values of the Property. Declarant and the
Beneficiaries intend that this real property covenant will confine the use of the Property to such
activities as are consistent with the purpose of this real property covenant.
3. Rights of the Beneficiaries
To accomplish the purpose of this real property covenant the following rights may be exercised
by the Beneficiaries:
(a) To preserve and protect the Conservation Values of the Property;
(b) To enter upon the Property at reasonable times in order to monitor Declarant's
compliance with and otherwise enforce the terms of this real property covenant in accordance
with Section 9; provided that, except in cases where the Beneficiaries determine that immediate
entry is required to prevent, terminate, or mitigate a violation of this real property covenant, such
entry shall be upon prior reasonable notice to Declarant;
(c) To conduct, with reasonable prior notice to Declarant, survey, site preparation,
removal of invasive non - native riparian vegetation, installation of native plants, and other
activities associated with wetland mitigation. Nothing herein shall be deemed to imply any
obligation to perform such restoration activities; and
(d) To prevent any activity on or use of the Property that is inconsistent with the
purpose of this real property covenant and to require the restoration of such areas or features of
the Property that may be damaged by any inconsistent activity or use, pursuant to the remedies
set forth in Section 9.
4. Prohibited Uses
Any activity on or use of the Property inconsistent with the purpose of this real property
covenant is prohibited. Without limiting the generality of the foregoing, the following activities
and uses are expressly prohibited, except as permitted in Sections 3 and 5:
(a) Construction and Improvements. The placement or construction of any buildings,
structures, or other improvements of any kind, including, without limitation, utilities, septic
systems, communication lines, communication towers, storage tanks and pipelines.
(b) Paving and Road and Trail Construction. The paving or covering of any portion
of the Property with concrete, asphalt, gravel, crushed rock, wood shavings or any other paving
or surfacing material or the construction of a road or trail.
(c) Commercial Development. Any commercial or industrial use or activity on the
Property, including, but not limited to, commercial recreational activities involving active
recreation.
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(d) Agricultural Activities. Any domestic animal grazing or agricultural activities of
any kind; and application of biocides except when determined by the Beneficiaries to be
necessary for the eradication of invasive non - native plant species and such application is by the
narrowest spectrum, least persistent material appropriate for the target species.
(e) Introduced Vegetation. The planting or introduction of non - native species of
plants.
(f) Waste Disposal. The disposal, storage, or release of yard waste, hazardous
substances, rubbish, garbage, debris, unregistered vehicles, abandoned equipment, parts thereof,
or other unsightly or offensive waste or material on the Property. The term "release" shall mean
any release, generation, treatment disposal, storage, dumping, burying, abandonment, or
migration from off -site. The term "hazardous substances" as used in this real property covenant
shall mean any substances, materials, or wastes that are hazardous, toxic, dangerous, harmful or
are designed as, or contain components that are, or are designated as, hazardous, toxic,
dangerous, or harmful and/or which are subject to regulation as hazardous, toxic, dangerous or
harmful or as a pollutant by any federal, state, or local law, regulation, statute, or ordinance,
including, but not limited to, petroleum or any petroleum product.
(g) Active Recreation. Conducting or allowing activities, such as golf courses, ball
fields, motocross, equestrian, campgrounds or any other activity involving individuals or the
public or private clubs or associations engaging in organized active recreation.
(h) Hunting. Conducting or allowing hunting activities, including construction of
blinds, camping areas, access trails, and any other hunting related activities.
(i) Signs. The placement of commercial signs, billboards, or other commercial
advertising material on the Property, except in connection with the sale or lease of the Property.
(j) Mineral Development. The exploration for, or development and extraction of, any
minerals or hydrocarbons.
(j) Vehicles. The operation of motorized vehicles except as part of any wetland
creation or maintenance activity.
5. Reserved Rights
Declarant reserves to itself and to its members and their personal representatives, heirs,
successors and assigns, any use of, or activity on, the Property that is not inconsistent with the
purpose of the real property covenant and that is not prohibited herein. Without limiting the
generality of the foregoing, Declarant specifically reserves the following uses and activities:
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(a) Maintenance, Monitoring and Emergencies. The right to undertake activities
necessary to maintain and monitor the Conservation Values and to public health, property
improvements, or human safety, or which are actively required by and subject to compulsion of
any governmental agency with authority to require such activity.
(b) Fence. The right to install and maintain fences around the Property, and the
Beneficiaries agrees not to remove or damage said fences.
6. Responsibilities of Declarant Not Affected.
Other than as specified herein, this real property covenant is not intended to impose any legal or
other responsibility on the Beneficiaries, or in any way to affect any existing obligation of the
Declarant as owner of the Property. This shall apply to:
(a) Taxes. Declarant shall continue to be solely responsible for payment of all taxes
and assessments levied against the Property.
(b) Upkeep and Maintenance, Costs, Legal Requirements, and Liabilities. Declarant
retains all responsibilities and shall bear all costs and liabilities of any kind related to the
ownership, operation, upkeep, and maintenance of the Property subject to the terms of the
Wetland Mitigation Plan. Declarant remains solely responsible for obtaining any applicable
governmental permits and approvals for any construction or other activity or use permitted by
this real property covenant and conducted by Declarant their agents or employees.
(c) Remediation. If, at any time, there occurs, or has occurred, a release in, on, or
about the Property of any hazardous substances, Declarant agrees to take all steps necessary to
assure its containment and remediation, including any cleanup that may be required. Should
Declarant become aware of the release of any hazardous substances on the Property, Declarant
shall make best efforts to inform the other of such release as soon as possible.
(d) Control. Nothing in this real property covenant shall be construed as giving rise
to any right or ability in Beneficiaries to exercise physical or managerial control over the day -to-
day operations of the Property, or any of Declarant's activities on the Property, or otherwise to
become an operator with respect to the Property within the meaning of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended ( "CERCLA "),
or the Model Toxics Control Act, as amended ( "MTCA ").
(e) Liability. Beneficiaries, except for the United States Army Corps of Engineers,
and Declarant and their employees, agents, invitees, and heirs hereby release and agree to
indemnify, defend and hold each other harmless from any injury, claim, damage, or loss suffered
by Beneficiaries or Declarant or their employees, agents, invitees, or heirs on, around or with
regard to the Property except to the extent of the party's or parties' negligent or unlawful actions.
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7. The Beneficiaries' Right to Restore the Property
In the event that any of the Conservation Values of the Property are impaired, the Beneficiaries
shall have the right, but not the obligation, to restore all or portions of the Property.
8. Access
No right of access by the general public to any portion of the Property is created by this real
property covenant.
9. Enforcement
The Beneficiaries shall have the right to prevent and correct violations of the terms of this real
property covenant as set forth below.
(a) Notice of Failure. If the Beneficiaries determine that the Declarant is in violation
of the terms of this real property covenant or that a violation is threatened, the Beneficiaries shall
give written notice to Declarant of such violation and demand corrective action sufficient to cure
the violation and, where the violation involves injury to the Property resulting from any use or
activity inconsistent with the purpose of this real property covenant, to restore the portion of the
Property so injured to its prior condition in accordance with a plan approved by the
Beneficiaries.
(b) Declarant's Failure to 1espond. In addition to the rights granted in Section 3,
including the right of entry, the Beneficiary may bring an action as provided for in Section 9(c)
below if Declarant fails to cure the violation within thirty (30) days after receipt of notice thereof
from the Beneficiary; fails to begin curing such violation within the thirty (30) day period under
circumstances where the violation cannot reasonably be cured within the thirty (30) day period;
or fails to continue diligently to cure such violation until finally cured.
(c) The Beneficiaries' Action. The Beneficiaries may bring action at law or in equity
in a court of competent jurisdiction to enforce the terms of this real property covenant, to enjoin
the violation, ex parte as necessary and as allowed under the applicable civil rules, by temporary
or permanent injunction, to recover any damages to which it may be entitled for violation of the
terms of this real property covenant or injury to any of the Conservation Values protected by this
real property covenant, including damages for the loss of the Conservation Values; and to require
the restoration of the Property to the condition that existed prior to any such injury. Without
limiting Declarant's liability therefore, the Beneficiaries, in their sole and absolute discretion,
may apply any damages recovered to the cost of undertaking any corrective action on the
Property. All such actions for injunctive relief may be taken without the Beneficiaries being
required to post bond or provide other security.
(d) Immediate Action Required. If the Beneficiaries, in their sole and absolute
discretion, determine that circumstances require immediate action to prevent or mitigate
significant damage to the Conservation Values of the Property, The Beneficiaries may pursue
remedies under this Section 9 without prior notice to Declarant or without waiting for the period
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provided for cure to expire.
(e) Nature of Remedy. The rights under this Section 9 apply equally in the event of
either actual or threatened violations of the terms of this real property covenant. Declarant
agrees that the remedies at law for any violation of the terms of this real property covenant are
inadequate and Beneficiaries shall be entitled to the injunctive relief described in this Section 9
both prohibitive and mandatory, in addition to such other relief to which Beneficiaries may be
entitled, without the necessity of proving either actual damages or the inadequacy of otherwise
available legal remedies. The remedies described in this Section 9 shall be cumulative and shall
be in addition to all remedies now or hereafter existing at law or in equity.
(f) Costs of Enforcement. Provided the Beneficiaries first provide Declarant with a
Notice of Failure and Declarant fails to respond, all reasonable costs incurred by the
Beneficiaries in enforcing the terms of this real property covenant against Declarant, including,
without limitation, costs and expenses of suit and reasonable attorney's fees and reasonable
consultant's fees, and any costs of restoration necessitated by Declarant's violation of the terms
of this real property covenant shall be borne by Declarant. The substantially prevailing party in
a judicial enforcement action regarding this real property covenant shall be entitled to
reimbursement of all reasonably incurred attorney's fees and litigation expenses.
(g) The Beneficiaries' Discretion. Any forbearance by the Beneficiaries to exercise
rights under this real property covenant in the event of any violation of any terms of this real
property covenant shall not be deemed or construed to be a waiver of such term or of any rights
under this real property covenant. No delay or omission by the Beneficiaries in the exercise of
any right or remedy shall impair such right or remedy or be construed as a waiver.
(h) Acts Beyond Declarant's Control. Nothing contained in this real property
covenant shall be construed to entitle the Beneficiaries to bring any action against Declarant to
abate, correct, or restore any condition on the Property or to recover damages for any injury to or
change in the Property resulting from causes beyond Declarant's control, including, without
limitation, fire, flood, storm, and earth movement, nor shall Declarant be required to take steps to
abate or mitigate injury to the Property resulting from such causes.
10. Alternate Dispute Resolution
If a dispute arises between the parties concerning the consistency of any proposed use or activity
with this real property covenant, the parties shall attempt to resolve the dispute through informal
discussion. The parties may also agree to refer the dispute to mediation and shall select a single
mediator to hear the matter. Each party shall bear its own costs, including attorney's fees, if
mediation is pursued under this Section 10. The parties shall share equally the fees and expenses
of the mediator.
11. Notice and Approval
(a) Notice. Whenever notice is required under this real property covenant, the party
required to give notice ( "Notifying Party ") shall give reasonable written notice prior to the date
the Notifying Party intends to undertake the use or activity in question. The notice shall describe
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the nature, scope, design, location, timetable, and any other material aspect of the proposed
activity in sufficient detail to permit the other party to make an informed judgment as to its
consistency with the purpose and terms of this real property covenant.
(b) Evaluation of Proposed Activities. The purpose of requiring the Notifying Party
to notify the other party prior to undertaking certain permitted uses and activities is to afford the
other party an opportunity to ensure that the use or activity in question is designed and carried
out in a manner consistent with the purpose and terms of this real property covenant.
12. Notice of Transfer of Property by Declarant and Successor and Assigns
Anytime the Property itself, or any interest in it is transferred, or a legal claim is established by
the Declarant to a third party, the Declarant, its successors and assigns, shall notify the
Beneficiaries in writing at least 60 days in advance of such action and the document of
conveyance, transfer or establishment shall expressly refer to this real property covenant.
13. Termination of Real property Covenant
(a) Frustration of Purpose. This real property covenant may only be terminated with
the concurrence of the Beneficiaries in the event the purpose for this covenant can no longer be
fulfilled due to circumstances beyond the Declarant's control but not to include a failure to
enforce the terms of this restrictive covenant. In that event, concurrence with the termination of
this real property covenant must be received from Beneficiaries.
(b) Economic Value. The fact that the Property may become greatly more
economically valuable if it were used in a manner that is either expressly prohibited by this real
property covenant or inconsistent with the purpose of this real property covenant, or that
neighboring properties may in the future be put entirely to uses that would not be permitted
hereunder, has been considered by the Declarant in granting this real property covenant. It is the
intent of both Declarant and the Beneficiaries that any such change in the economic value of the
Property from other use shall not be assumed to be circumstances justifying the termination or
extinguishment of this real property covenant pursuant to this section.
14. Modification
This real property covenant may be amended only with the concurrence of the Beneficiaries,
provided that any such amendment shall be consistent with the purpose of the real property
covenant and shall not affect its perpetual duration. All amendments shall be in writing,
approved by the Beneficiaries and recorded in the real property records of King County,
Washington.
15. Interpretation
This real property covenant shall be interpreted under the laws of Washington, resolving any
ambiguities and questions of the validity of specific provisions so as to give maximum effect to
its conservation purposes.
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16. Perpetual Duration
This real property covenant shall be a binding servitude running with the land in perpetuity.
17. Notices
Any notices required by this real property covenant shall be in writing and shall be personally
delivered or sent by first class mail to the Declarant, at the following address, unless the
Beneficiaries have been notified of a change of address.
To:
Segale Properties LLC
P.O. Box 88028
Tukwila, WA 98138
18. Severability
If any provision of this real property covenant is found to be invalid, illegal or unenforceable,
that finding shall not affect the validity, legality or enforceability of the remaining provisions.
19. Entire Agreement
This instrument sets forth the entire agreement of the parties with respect to the terms of this
Agreement and supersedes all prior discussions, negotiations, understandings, or agreements
relating to the terms of this Agreement, all of which merge herein.
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IN WITNESS WHEREOF, the Declarant has set its hands on the date first written above.
Declarant:
SEGALE PROPERTIES LLC
By: Metro Lan Develop t, Inc.,
Its: Manager
TIP '41 1
By:
Mark A. Sew' ice President
STATE OF WASHINGTON )
) ss.
COUNTY OF
On this day of CjO\D.t( , 2015, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn personally appeared Mark
A. Segale, known to me to be the Vice President of Metro Land Development, Inc., the Manager of
SEGALE PROPERTIES LLC, the limited liability company that executed the foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said corporation
and limited liability company, for the purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument.
I certify that I know or have satisfactory evidence that the person appearing before me and
making this acknowledgment is the person whose true signature appears on this document.
WITNESS my hand and official seal hereto affixed the day and year in the certificate above
written.
`'' • NOTARY
PUBLC P O
. =.., b. oi .0,0%x'`
OF WPSv,,` %
Print Name
NOTARY PUBLIC in and . r the . to of
Washington, residing at
My commission expires
Page 9 of 12
EXHIBIT A
Legal Description
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE
W. M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE CENTERLINE OF SOUTHCENTER
PARKWAY EXTENSION, SAID POINT BEING AT HIGHWAY ENGINEER'S
STATION P.T.131 +94.18 AS SHOWN ON SURVEY AS RECORDED UNDER
KING COUNTY RECORDING NO. 20150226900021; THENCE
SOUTH 09° 49'47 "WEST ALONG SAID CENTERLINE 615.86 FEET TO
HIGHWAY ENGINEER'S STATION 138 +10.04; THENCE LEAVING SAID
CENTERLINE NORTH 80° 10'13"WEST 55.03 FEET TO THE POINT OF
BEGINNING FOR THIS DESCRIPTION;
THENCE NORTH 15° 26' 10 "WEST 67.21 FEET;
THENCE NORTH 17° 46'28 "WEST 35.19 FEET;
THENCE NORTH 06° 42'37 "WEST 38.75 FEET;
THENCE NORTH 12° 54'38 "WEST 40.45 FEET;
THENCE NORTH 07° 18' 15 "WEST 14.06 FEET;
THENCE NORTH 01° 47'22 "EAST 73.29 FEET;
THENCE NORTH 07° 42'32 "EAST 52.65 FEET;
THENCE NORTH 09° 06'12"EAST 55.95 FEET;
THENCE NORTH 11° 13'05 "EAST 66.50 FEET;
THENCE NORTH 08° 25'20 "EAST 27.89 FEET;
THENCE NORTH 11° 03'50 "EAST 76.79 FEET;
THENCE NORTH 10° 47'34 "EAST 106.11 FEET;
THENCE NORTH 16° 08'21 "EAST 40.04 FEET;
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THENCE NORTH 22° 21'58 "EAST 9.39 FEET;
THENCE NORTH 39° 24'45 "EAST 168.21 FEET;
THENCE SOUTH 17° 00'32 "WEST 12.97 FEET;
THENCE SOUTH 37° 13'26 "WEST 83.73 FEET;
THENCE SOUTH 23° 34'01 "WEST 51.92 FEET;
THENCE SOUTH 17° 43'52 "WEST 26.90 FEET;
THENCE SOUTH 15° 01'42 "WEST 19.70 FEET;
THENCE SOUTH 18° 17'00 "WEST 15.35 FEET;
THENCE SOUTH 20° 14'38 "WEST 71.32 FEET;
THENCE SOUTH 13° 47'06 "WEST 63.90 FEET;
THENCE SOUTH 10° 45'54 "WEST 129.46 FEET;
THENCE SOUTH 07° 49'04 "WEST 161.17 FEET;
THENCE SOUTH 10° 21'24 "WEST 74.28 FEET;
THENCE SOUTH 13° 39'19"WEST 50.65 FEET;
THENCE SOUTH 10° 43'50 "WEST 164.53 FEET;
THENCE SOUTH 09° 16'54 "WEST 34.63 FEET;
THENCE SOUTH 12° 57'14"WEST 34.74 FEET
TO THE POINT OF BEGINNING.
Page 11 of 12
N 3713'26" E
83.73'
S 17'43'52" W
26.90'
4
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=°
31 +94.18 P
14.06'
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(r
40.45' ° / '
N 06'42'37" W _-I v' / 0 W
\ I _ CO Q.
N 17'46'28" W-�
35.19' \ �(o
v, S 12;57'14" W
34.74'
55O3
N80 013' W�
P.O.B.
ST4. 138 +10.04'
1-4
S 15'01'42" W
19.70'
S 1817'00" W
5.35'
S 20'14'38" W
71.32'
DELTA = 16'06'04"
RADIUS = 1000.00'
LENGTH = 281.02'
NORTH
SCALE = 100'
EXHIBIT — B1
PROPERTY MAP
Page 12 of 12