HomeMy WebLinkAbout2010 - Possession and Use Agreement - Segale Properties LLC - 20100112000219Document Title(s) (or transactions contained therein):
1. Possession and Use Agreement
Reference Number(s) of Documents assigned or released: N/A
(on page of documents(s))
Grantor(s) (Last name first, then first name and initials):
1. Segale Properties LLC
Grantee(s) (Last name first, then first name and initials):
1. City of Tukwila
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
PTNS. OF THE NW1 /4 SW1 /4 OF SEC. 2; NE1 /4 SE1 /4 OF SEC. 3, TOWNSHIP
22 NORTH RANGE 4 EAST OF THE W.M.
PTN. OF THE W1 /2 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF
THE W.M. ALL IN KING COUNTY, WASHINGTON
12 Full legal is on pages 9 14 of document.
Assessor's Property Tax Parcel/Account Number
022204 -9008; 022204 -9011; 022204 -9015; 022204 -9043; 022204 -9057; 032204 -9006;
032204 9090; 032204 9106; 352304- 9013; 352304 9 015 352304- 9017 -9032
352304-9040; 352304-9041; 352304-9045; 352304-9049; 352304-9050; 352304-9068;
352304-9118; 352304-9115
Return Address
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
RES -317
Revised 08/09
Page 1 of 15 pages
20100112000219
FA No. F-
Project No.
Parcel No.
POSSESSION AND USE AGREEMENT
10 -005
Council Approval N/A
POSSESSION AND USE AGREEMENT
Southcenter Parkway
This AGREEMENT is made and entered as of January I I 2010, by and between the
City of Tukwila, hereinafter referred to as the "City and Segale Properties LLC, a
Washington limited liability company, formerly known as "La Pianta LLC," hereinafter
referred to as the "Owner
WITNESSETH
WHEREAS, the City affirms that the Owner's Property described herein is required by
the City for immediate construction of a transportation project.
AND WHEREAS, the City affirms that any delay in its construction program is contrary
to the public interest;
AND WHEREAS, the Owner has made a firm and continuing offer to donate the use of
the following described real property "Property") situated in King County, in the State of
Washington, pursuant to Section 4.3.2 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
For legal description and map,
see Exhibits A and B attached hereto and made a part hereof.
The Property is comprised of two components: (1) the land on which the Southcenter
Parkway shall be permanently relocated and expanded "Permanent Right of Way and
(2) a temporary construction easement area that the City shall use to construct the
Southcenter Parkway Project (hereinafter defined). The temporary construction easement
area shall be the portion of the Property that is not part of the Permanent Right of Way.
NOW THEREFORE, for and in consideration of the covenants set forth herein and in the
Development Agreement, the parties agree as follows:
Page 2 of 15 pages
POSSESSION AND USE AGREEMENT
1. Use of the Property. The City is hereby granted an easement in, on, over and
across the Property for the purpose of relocating and expanding Southcenter Parkway
"the Southcenter Parkway Project as described in Section 4.3 of the Development
Agreement.
2. Cooperation. Owner reserves the right to engage in any uses of the Property that
are compatible with and does not interfere with the full enjoyment by the City of the
rights granted in this Agreement. The City acknowledges that the Owner shall need to
use portions of the Property for work that Owner is required to complete under the
Development Agreement. The City further acknowledges that La Pianta shall install
utilities and make other improvements in the temporary construction easement area, and
the City shall cause its contractors to cooperate with Owner, as necessary, in such area
upon request by Owner to permit the timely completion of Owner's work. To the extent a
conflict arises, the Owner acknowledges that the timely completion of the Southcenter
Parkway Project is the priority project. The parties shall work cooperatively with each
other to avoid interference and to enable the separate work to occur in the Property.
Furthe iore, the City acknowledges that Owner shall continue to operate its businesses
on portions of the Property, and the parties shall work cooperatively to minimize
interruptions to Owner's operations to the extent reasonably possible. Owner shall be
entitled to operate any business located (i) within the Permanent Right of Way until the
date of the award of the construction contract for the Southcenter Parkway Project, and
(ii) outside of the Permanent Right of Way, provided that such operations do not
unreasonably interfere with the City's rights hereunder.
3. Termination of this Agreement. This Agreement shall terminate automatically
without further action required by either party if any of the following events occur:
(a) La Pianta delivers and the City accepts a duly executed and acknowledged
deed for the Permanent Right of Way, as more particularly described in Section
4.3.2 of the Development Agreement; or
(b) The Development Agreement is terminated.
The City and Owner shall work in good faith to finalize the legal description of the
Permanent Right of Way as soon as is reasonably possible. The parties acknowledge that
Page 3 of 15 pages
POSSESSION AND USE AGREEMENT
this Agreement shall constitute that certain right of way easement described in Section
4.3.2 of the Development Agreement. Unless the Development Agreement is terminated,
this Agreement and easement shall not be terminated until construction of the Southcenter
Parkway Project is complete, and the City replaces this Agreement by accepting the deed
for the Permanent Right of Way delivered by Owner into the escrow described in the
Development Agreement.
4. Indemnification. 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 Property 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,
the City shall protect, indemnify, defend, and hold harmless Owner, 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 Owner's Property by the City 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.
5. Miscellaneous.
(a) 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
Page 4 of 15 pages
POSSESSION AND USE AGREEMENT
the relationship of principal and agent, or of partnership, or of joint venture, or of
any association.
(b) 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.
(c) 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.
(d) It is understood and agreed that delivery of this agreement is hereby
tendered and that the terms and obligations hereof shall not become binding upon
the City of Tukwila unless and until accepted and approved hereon in writing for
the City of Tukwila by its Mayor.
Page 5 of 15 pages
POSSESSION AND USE AGREEMENT
Segale Properties LLC, a Washington limited liability corporation
By: Metro Land Development, Inc
Its: Manager
By:
Date:
Mark A. Segale, Vi
Accepted and Approved
CITY OF TUKWILA, a Washington
municipal corporation
Date:
ATTEST:
Page 6 of 15 pages
g Tize4
Christy 0' Flahe City Clerk
APPRQ.LED A
Ei y�AttorneK
POSSESSION AND USE AGREEMENT
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this 11 day of January, 2010, 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.
JACEK R. PAWLICKI
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
OCTOBER 15, 2013
ame: "Petit da/L/Z'/!T
otary Public in and for the State of Washington,
residing at: i U ,4J49//4/6—nn/
My commission expires: ®Ci44f g /372
Page 7 of 15 pages
POSSESSION AND USE AGREEMENT
STATE OF WASHINGTON
ss.
COUNTY OF KING
I
On this day of Dan11,u 2010, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared On) to me known to be the person
who signed as q. of the City of Tukwila, a municipal
corporation of the State of W hington, 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
was duly elected, qualified and acting as said officer of the corporation,
that he hQ 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.
Page 8 of 15 pages
Print Name:
Notary Public in and for the State of Washington,
residing at: CLt. At P!'
My commission expires:
POSSESSION AND USE AGREEMENT
EXHIBIT A
A STRIP OF LAND OF VARYING WIDTHS, LYING OVER, UNDER AND ACROSS
PORTIONS OF THE NORTHWEST QUARTER OF SECTION 2 AND THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3,
TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE W.M., AND A PORTION OF THE
WEST HALF OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE
W M ALL IN KING COUNTY, WASHINGTON, THE PERIMETER OF SAID STRIP
OF LAND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER
OF SAID SECTION 2; THENCE SOUTH 89° 17'01 "EAST ALONG THE SOUTH
LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 88.28 FEET; THENCE
LEAVING SAID SOUTH LINE, NORTH 03° 31'38 "EAST 70.11 FEET; THENCE
NORTH 86° 28'22 "WEST 20.00 FEET; THENCE NORTH 03° 31'38 "EAST 620.48
FEET; THENCE SOUTH 86° 28'22 "EAST 20.00 FEET TO THE BEGINNING OF A
NON TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH
BEARS SOUTH 86° 31'08 "EAST 1890.00 FEET; THENCE NORTHERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 46'49 AN ARC LENGTH
OF 124.70 FEET; THENCE NORTH 82° 44' 19 "WEST 30.00 FEET TO THE
BEGINNING OF A NON TANGENT CURVE TO THE RIGHT, THE RADIUS POINT
OF WHICH BEARS, SOUTH 82° 44' 19 "EAST 1920.00 FEET; THENCE
NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16°
03'06 AN ARC LENGTH OF 537.90 FEET; THENCE SOUTH 66° 41' 12 "EAST
30.00 FEET TO THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT,
THE RADIUS POINT OF WHICH BEARS, SOUTH 66° 41'12"EAST 1890.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 09° 01'18", AN ARC LENGTH OF 297.60 FEET; THENCE
NORTH 57° 39'54 "WEST 40.00 FEET TO THE BEGINNING OF A NON TANGENT
CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS
SOUTH 57° 39'54 "EAST 1930.00 FEET; THENCE NORTHEASTERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 02° 18'40 AN ARC LENGTH
OF 77.85 FEET; THENCE NORTH 34° 38'46 "EAST 610.20 FEET; THENCE
SOUTH 55° 21' 14 "EAST 40.00 FEET; THENCE NORTH 34° 38'46 "EAST 118.50
FEET; THENCE NORTH 55° 21'14"WEST 40.00 FEET; THENCE
NORTH 34° 38'46 "EAST 595.89 FEET; THENCE SOUTH 55° 21'14"EAST 10.00
Page 9 of 15 pages
POSSESSION AND USE AGREEMENT
FEET; THENCE NORTH 34° 38'46 "EAST 7.29 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2580.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THOUGH A CENTRAL ANGLE OF 00°
48'51 AN ARC LENGTH OF 36.66 FEET; THENCE
NORTH 37° 42'21 "EAST 62.78 FEET TO THE BEGINNING OF A NON TANGENT
CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS
NORTH 57° 33'23 "WEST 2585.00 FEET; THENCE NORTHEASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 04° 48'31 AN ARC LENGTH
OF 216.94 FEET; THENCE SOUTH 62° 21'53 "EAST 35.00 FEET; THENCE
NORTH 26° 13'39 "EAST 128.73 FEET; THENCE NORTH 65° 11'06 "WEST 35.00
FEET TO THE BEGINNING OF A NON TANGENT CURVE TO THE LEFT, THE
RADIUS POINT OF WHICH BEARS NORTH 65° 10'48 "WEST 2585.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 14° 59'05 AN ARC LENGTH OF 676.07 FEET; THENCE
NORTH 59° 59'00 "EAST 65.34 FEET; THENCE NORTH 23° 05'35 "WEST 51.55
FEET; THENCE NORTH 18° 01'44 "EAST 153.97 FEET; THENCE
NORTH 64° 55'27 "WEST 35.35 FEET; THENCE NORTH 09° 49'47 "EAST 15.28
FEET; THENCE NORTH 80° 10'13"WEST 10.00 FEET; THENCE
NORTH 09° 49'47 "EAST 392.72 FEET; THENCE SOUTH 80° 10'13"EAST 27.44
FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 342.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 15° 08'42 AN ARC LENGTH OF 90.40 FEET; THENCE
SOUTH 65° 01'32 "EAST 36.10 FEET; THENCE NORTH 25° 01' 18 "EAST 100.00
FEET; THENCE NORTH 65° 01'32 "WEST 36.18 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 442.00 FEET; THENCE
WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°
08'42 AN ARC LENGTH OF 116.83 FEET; THENCE NORTH 80° 10' 13 "WEST
22.44 FEET; THENCE NORTH 09° 49'47 "EAST 255.82 FEET TO THE BEGINNING
OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 910.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 32° 56'42" AN ARC LENGTH OF 523.25 FEET; THENCE
NORTH 42° 46'29 "EAST 18.28 FEET; THENCE SOUTH 42° 13'31 "EAST 242.07
FEET; THENCE NORTH 25° 01'18 "EAST 157.24 FEET; THENCE
NORTH 42° 13'31 "WEST 193.94 FEET; THENCE NORTH 42° 46'29 "EAST 475.87
FEET; THENCE NORTH 54° 37'59 "EAST 85.30 FEET; THENCE
NORTH 37° 48'55 "EAST 43.96 FEET; THENCE NORTH 36° 00'11 "EAST 26.26
FEET; THENCE NORTH 54° 40'29 "WEST 32.73 FEET; THENCE
NORTH 19° 03' 12 "EAST 119.49 FEET; THENCE SOUTH 69° 49'38 "EAST 20.17
FEET TO THE BEGINNING OF A NON TANGENT CURVE TO THE LEFT, THE
Page 10 of 15 pages
POSSESSION AND USE AGREEMENT
RADIUS POINT OF WHICH BEARS NORTH 61° 06'45 "WEST 1070.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 15° 54'33 AN ARC LENGTH OF 297.10 FEET; THENCE
SOUTH 77° 01'19 "EAST 10.00 FEET; THENCE NORTH 12° 12'35 "EAST 40.94
FEET TO THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND
DEEDED TO SCHOENBACHLER ENTERPRISES L.L.C. AS PER DEED
RECORDED UNDER KING COUNTY RECORDING NO. 9602060993; THENCE
SOUTH 59° 18'15"WEST ALONG THE SOUTH LINE OF SAID TRACT, A
DISTANCE OF 60.16 FEET TO THE EAST RIGHT OF WAY MARGIN OF
SOUTHCENTER PARKWAY; THENCE NORTH 09° 40'43 "EAST ALONG SAID
MARGIN 316.06 FEET; THENCE NORTH 15° 44'18"EAST 63.77 FEET TO A
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
76° 18'23 AN ARC LENGTH OF 66.59 FEET; THENCE LEAVING SAID MARGIN
NORTH 02° 10'33 "EAST 35.85 FEET TO THE NORTH LINE OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE
NORTH 87° 49'27 "WEST ALONG SAID NORTH LINE 169.37 FEET; THENCE
SOUTH 02° 10'33 "WEST 35.01 FEET TO THE SOUTH RIGHT OF WAY MARGIN
OF SOUTH 180 STREET; THENCE SOUTH 09° 50'27 "WEST 269.58 FEET;
THENCE SOUTH 80° 09'33 "EAST 10.00 FEET; THENCE SOUTH 09° 50'27 "WEST
75.25 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 925.00 FEET; THENCE SOUTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 25° 54'50 AN ARC LENGTH OF
418.36 FEET; THENCE NORTH 54° 14'43 "WEST 12.43 FEET TO THE EASTERLY
MARGIN OF PARCEL 1, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT
NO. L06 -029 AS RECORDED UNDER KING COUNTY RECORDING NO.
20060913900003;THENCE SOUTHWESTERLY ALONG THE EAST LINE OF SAID
PARCEL 1, THE FOLLOWING COURSES; THENCE SOUTH 10° 53'13 "WEST 17.20
FEET; THENCE
SOUTH 37° 27'56 "WEST 63.01 FEET; THENCE SOUTH 41° 44'53 "WEST 49.29
FEET; THENCE SOUTH 45° 36'54 "WEST 452.08 FEET; THENCE
NORTH 47° 13'31 "WEST 20.56 FEET; THENCE SOUTH 42° 46'29 "WEST 153.00
FEET; THENCE SOUTH 47° 24' 17 "EAST 19.35 FEET; THENCE
SOUTH 42° 37'08 "WEST 165.60 FEET TO THE BEGINNING OF A NON TANGENT
CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS
SOUTH 54° 15'53 "EAST 1110.00 FEET; THENCE SOUTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 14° 46'47" AN ARC LENGTH OF
286.33 FEET; THENCE NORTH 69° 02'41 "WEST 55.00 FEET TO THE BEGINNING
OF A NON TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH
Page 11 of 15 pages
POSSESSION AND USE AGREEMENT
BEARS SOUTH 69° 02'41 "EAST 1165.00 FEET; THENCE SOUTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 07'32" AN ARC LENGTH
OF 226.22 FEET; THENCE SOUTH 09° 49'47 "WEST 1010.41 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
2335.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 01° 20'30" AN ARC LENGTH OF 54.67 FEET; THENCE
SOUTH 78° 49'43 "EAST 90.00 FEET TO THE BEGINNING OF A NON TANGENT
CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS
NORTH 78° 49'43 "WEST 2425.00 FEET; THENCE SOUTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 06° 05'49" AN ARC LENGTH OF
258.05 FEET; THENCE NORTH 72° 43'54 "WEST 25.00 FEET; THENCE
SOUTH 17° 44'45 "WEST 40.00 FEET; THENCE SOUTH 71° 46'36 "EAST 25.00
FEET TO THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT, THE
RADIUS POINT OF WHICH BEARS NORTH 71° 46'36 "WEST 2425.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 06° 19'39" AN ARC LENGTH OF 267.81 FEET; THENCE
NORTH 65° 26'57 "WEST 50.00 FEET TO THE BEGINNING OF A NON TANGENT
CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS
NORTH 65° 26'57 "WEST 2375.00 FEET; THENCE SOUTHWESTERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 26'58" AN ARC LENGTH
OF 142.99 FEET; THENCE SOUTH 61° 59'59 "EAST 40.00 FEET TO THE
BEGINNING OF A NON TANGENT CURVE TO THE RIGHT, THE RADIUS POINT
OF WHICH BEARS NORTH 61° 59'59 "WEST 2415.00 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
02° 30'07 AN ARC LENGTH OF 105.45 FEET; THENCE SOUTH 59° 29'52 "EAST
15.00 FEET TO THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT,
THE RADIUS POINT OF WHICH BEARS NORTH 59° 29'52 "WEST 2430.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 04° 08'39 AN ARC LENGTH OF 175.76 FEET; THENCE SOUTH
34° 38'46 "WEST 598.67 FEET; THENCE NORTH 55° 21' 14 "WEST 40.00 FEET;
THENCE SOUTH 34° 38'46 "WEST 151.62 FEET; THENCE SOUTH 55°
21' 14 "EAST 30.00 FEET; THENCE SOUTH 34° 38'46 "WEST 581.58 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
2080.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 27° 28'10", AN ARC LENGTH OF 997.22 FEET; THENCE
NORTH 82° 49'24 "WEST 30.00 FEET TO THE BEGINNING OF A NON TANGENT
CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS
SOUTH 82° 49'24 "EAST 2110.00 FEET; THENCE SOUTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 02° 50'56 AN ARC LENGTH OF
Page 12 of 15 pages
POSSESSION AND USE AGREEMENT
104.91 FEET; THENCE SOUTH 85° 40'20 "EAST 5.00 FEET TO THE BEGINNING
OF A NON TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH
BEARS SOUTH 85° 40'20 "EAST 2105.00 FEET; THENCE SOUTHERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 00° 48'03 AN ARC LENGTH
OF 29.42 FEET; THENCE SOUTH 03° 31'38 "WEST 574.00 FEET TO THE
BEGINNING OF A NON TANGENT CURVE TO THE LEFT, THE RADIUS POINT
OF WHICH BEARS SOUTH 03° 33'22 "WEST 8115.00 FEET; THENCE WESTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 04'35 AN ARC
LENGTH OF 435.74 FEET; THENCE SOUTH 00° 53'39 "EAST 146.38 FEET, MORE
OR LESS, TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 3; THENCE NORTH 89° 53'41 "EAST ALONG SAID SOUTH LINE, A
DISTANCE OF 552.18 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTHCENTER
PARKWAY.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 180 STREET.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 178 STREET.
ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 200 STREET
TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER AND THE
NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST
OF THE W.M., KING COUNTY WASHINGTON, BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER
OF SAID SECTION 3; THENCE SOUTH 89° 53'41 "WEST ALONG THE SOUTH
LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 552.18 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 00° 53'39 "WEST 146.38 FEET TO THE
BEGINNING OF A NON TANGENT CURVE TO THE LEFT, THE RADIUS POINT
OF WHICH BEARS SOUTH 00° 28'47 "WEST 8115.00 FEET; THENCE WESTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00° 30'05 AN ARC
LENGTH OF 71.03 FEET; THENCE SOUTH 00°01'18"EAST 146.72 FEET TO THE
SOUTH LINE OF SAID SECTION 3; THENCE NORTH 89° 53'41 "EAST ALONG
SAID SOUTH LINE A DISTANCE OF 7.56 FEET; THENCE SOUTH 00° 05'50 "EAST
Page 13 of 15 pages
POSSESSION AND USE AGREEMENT
858.24 FEET; THENCE SOUTH 89° 41'14"EAST 65.63 FEET; THENCE NORTH 00°
28'53 "WEST 858.74 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 3; THENCE NORTH 89° 53'41 "EAST ALONG SAID
SOUTH LINE 5.83 FEET TO THE POINT OF BEGINNING.
EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 200 STREET.
TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF
SECTION 2 AND THAT PORTION OF THE SOUTHEAST QUARTER OF
SECTION 3, TOWNSHIP 22 NORTH RANGE 4 EAST OF THE W.M., KING
COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER
OF SAID SECTION 3; THENCE SOUTH 89° 53'48 "WEST ALONG THE NORTH
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3, A DISTANCE OF
142.15 FEET; THENCE SOUTH 04° 14'09 "WEST 103.58 FEET; THENCE
SOUTH 85° 46'37 "EAST 215.80 FEET; THENCE NORTH 05° 03'57 "EAST
118.96 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 2; THENCE NORTH 89° 17'01 "WEST ALONG SAID
NORTH LINE 75.93 FEET TO THE POINT OF BEGINNING.
EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 200 STREET.
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POSSESSION AND USE AGREEMENT
EXHIBIT B (MAP)
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