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HomeMy WebLinkAbout2010 - Easement - Wells Fargo Bank - 20100727001453Recording Requested By and When Recorded Mail To: The City of Tukwila City Clerk's Office 6200 Southcenter Blvd Tukwila, Washington 98188 II 111 II I II II I 1 111 201007200 PACIFIC NW TIT EAS 7 77. 00 PAGE -001 OF 016 07/27/2010 15:01 KING COUNTY, WA E2451867 07/27/2010 14:28 KIN COUNTY, WA X SALE $0.00 EASEMENT rV t c r� Grantor(s): Wells Fargo Bank, N.A., a national banking as ociation 1 PAGE -001 OF 001 Grantee(s): The City of Tukwila, a municipal corporation of the State of Washington, and The King County Flood Control Zone District, a quasi municipal corporation Legal Description (abbreviated): Ptn. NW1 /4, 36 -23 -04 Additional legal description on pages 9 13, hereinafter called Exhibits A; E. Assessor's Tax Parcel ID 362304 -9094; 362304 -9095; 362304 -9079; 362304 -9017 Project: Tukwila -205 Levee NOR PAGIEIc Vii." l (7(� 1 THIS AGREEMENT made this O day of 74 2010, by and between Wells Fargo Bank, N.A., a national banking association, hereinafter called the Grantor(s), and The City of Tukwila, a municipal corporation of the State of Washington, and The King County Flood Control Zone District, a quasi municipal corporation, hereinafter collectively called the "Grantees Page 1 of 16 Grantor(s), for and in consideration of the sum of one million and forty thousand dollars ($1,040,000), the receipt and adequacy of which is hereby acknowledged, hereby grant and convey to the Grantee(s), their successors and assigns, agents and licensees easements (the "Easements for the purposes set forth herein, under, over and upon those limited portions of the Property described in Exhibit A which are more particularly described in Exhibits B, C, D and E attached hereto, and by this reference made a part hereof, situated in King County, Washington: 1. Flood Protection Levee Easement. A perpetual, non- exclusive and assignable right and easement in favor of the Grantees in the land described in Exhibit B to construct, maintain, repair, operate, patrol and replace a flood protection levee, pursuant to Public Law 84 -99 Levee Restoration for the Lower Green River Section 205 Flood Protection Project, Job No.GRE -3 -07, including all appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements, rights and estates in the subject land granted or reserved prior hereto and of record. The 50/ 1 Cage n/At S foregoing easement is described as the "Permanent Levee Easement" in the map showing such easements attached hereto as Exhibit E. 2. Access Road Easement. A perpetual, non exclusive and assignable easement and right -of -way in favor' of the Grantee(s) in, on, over and across the land described in Exhibit C for the location, construction, operation, maintenance, alteration, and replacement of a levee access road and 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 and right -of- way; reserving however, to the Grantor(s), their heirs and assigns, the rights to cross over or under the easement and right -of -way for access to their adjoining land; subject however, to existing easements, rights and estates in the subject land granted or reserved prior hereto and of record. The foregoing easement is described as the "Permanent Access Easement" in the map showing such easements attached hereto as Exhibit E. 3. Temporary Work Area Easement. A temporary and assignable easement and right of way in favor of the Grantee(s) in, on, over and across the land described in Exhibit D for a period not to exceed 2 years beginning with the date of this instrument, for the pupose of a work area, including the right to borrow and/or deposit fill and waste material thereon, move, store and remove equipment and supplies, erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of a Flood Protection Levee, 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 temporary work area easement; reserving however, to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or the rights and easement hereby acquired, subject however, to existing easements, rights and estates in the subject land granted or reserved prior hereto and of record. The foregoing easement is described as the "Temporary Staging and Work Area Easement" in the map showing such easements attached hereto as Exhibit E. All cost and expense of work undertaken at the subject property by or at the behest of Grantees, for the Flood Protection Levee or otherwise (the "Work shall be paid and borne exclusively by Grantees. Grantees shall keep Grantor's lands free and clear from any and all liens of whatever nature arising out of any Work performed, materials furnished and /or obligations incurred by, on behalf of, or under the direction of, Grantees. Grantees further agree to indemnify and defend Grantor and Grantor at Grantees' sole cost and expense, from and against any and all liabilities, actions and /or costs of suit arising in connection with any such lien, including but not limited to, attorney's fees and court costs. Grantees shall not cause any disruptions to the normal business activities on Grantor's property (including access to said property from public streets as well as access to all entrances of the buildings and parking located on said property) during the course of all Work, provided that temporary disruptions of fifteen (15) minutes or less shall be permitted to Page 2 of 16 the extent necessary for the performance of Grantor's Work. In addition, Grantee shall promptly repair and restore all landscaping and surface improvements disturbed or removed by Grantee in the course of the Work, all without cost or expense to Grantor but subject to U.S. Anny Corps of Engineers levee standards for operation and maintenance. Grantees agree to take, or require their contractors and agents to take, all necessary and appropriate measures (including erection of a hurricane fence or other barrier to secure the Temporary Work Area Easement) to ensure the safety of persons engaged in the Work and all of Grantor's employees, customers, agents, licensees and invitees using Grantor's lands during the performance of the Work. Materials and equipment for the Work shall not be left strewn on Grantor's lands, but shall be piled, to the extent practicable, on the Temporary Work Area Easement. Grantees shall not permit their contractors or subcontractors to post any advertising on Grantor's lands. Grantor(s) shall have the right to place locked bollards within the Flood Protection Levee Easement and Road Access Easement (collectively the "Perpetual Easements but not on the levee structure itself, so long as the Grantee(s) are provided a key or combination to access the Perpetual Easements. Notwithstanding the foregoing, Grantee shall not place any locked bollards (or any other improvements) which would block or interfere with accessing the existing entrance to the building located on the parcel identified as 3623049079 on the map attached hereto as Exhibit E. Except during emergencies, Grantee(s) shall give notice to the Grantor(s) prior to any use of the Perpetual Easements for the use, operation or hauling of heavy equipment, including, but not limited to, dump trucks, excavators and bulldozers. Nothing in this grant shall be deemed to be a grant of access to the general public or for recreational uses. The scope of this grant is expressly limited to the Grantee(s), their employees and contractors, for the limited purposes described in this Easement. If in the use of the easements granted above, the Grantee shall damage other property of the Grantor or shall cause damage to the easement area as a result of activity that is not permitted by the easement, each Grantee shall repair, replace and restore, at the Grantee's sole expense, said damage. Each 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 occurance, and provide Grantor with a certificate of insurance or self insurance and will name Grantor, its successors and assigns as Additional Insureds in the event one or both of the Grantee(s) should choose not to self insure. Each Grantee may self insure its obligations hereunder. Other than in the event of Grantor's gross negligence, each Grantee agrees to indemnify and hold harmless Grantor, and defend and protect it, against and from any and all claims, demands, damages, losses, liability, costs and expenses (including attorney's fees) arising by reason of any injury to or death of any person or persons or theft, loss or damage to any property occurring on or about Grantor's lands or claims of any kind or nature as a result of any activity, work or thing done, permitted, suffered or omitted to be done on or about Grantor's lands by Grantees or their contractors, agents or employees during the term of this Agreement. Grantees hereby accepts all risk of Page 3 of 16 injury to persons or damage to or loss of property occasioned by any defect on or about Grantor's lands, or any disrepair or hazardous or unsafe condition therein or thereabout, and Grantees hereby unconditionally release Grantor from any and all liability therefor. Grantees shall be solely responsible for the security of all their own property and of personal property under their custody and control on Grantor's lands (including the supplies, material, personal property and equipment of Grantees' contractors and crews), and for any repairs to or replacement or compensation for such property which may arise out of any theft, loss or damage thereto. Grantees shall not draw power, electricity or other utilities from Grantor's utility facilities on Grantor's lands. Grantees hereby represent and warrant that the Perpetual Easements do not lie beneath any existing building or other structure (apart from parking surfaces) located on the real property of Grantor. On the flood protection levee in the Flood Protection Levee Easement, Grantor shall not install, construct, alter or remove any structures or improvements, or plant, trim or remove any vegetation, without prior approval of Grantee. Grantor may install and maintain landscaping and landscaping related improvements in the Perpetual Easements outside of the flood protection levee, subject to U.S. Army Corps of Engineers levee standards for operation and maintenance." The obligations of Grantees under this Agreement shall be joint and several. Any notice required or permitted by this Agreement to be provided to any of the other parties hereto shall be in writing and shall be deemed duly provided and received when personally delivered to the party to which it is directed or, in lieu of such personal delivery, three (3) days after deposit in the United States mail, sent certified mail with first -class postage prepaid (or immediately upon confirmation of transmission receipt after facsimile transmission, provided such notice is also deposited in the U.S. mail as aforesaid), and addressed as follows: Wells Fargo Bank Corporate Properties Group 333 Market Street llth Floor San Francisco, CA 94105 MAC# A0109 -112 Attn: Lease Negotiations With a copy to: Wells Fargo Bank Corporate Properties Group 333 Market Street 11th Floor San Francisco, CA 94105 MAC# A0109 -111 Attn: Lease Administration The City of Tukwila Department of Public Works 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Attn: Public Works Director King County Flood Control Zone District c/o King County Water and Land Resources Division 201 South Jackson Street, Suite 600 Seattle, Washington 98104 Attn: Division Director Page 4 of 16 Either party hereto may by written notice to the other party hereto specify a different address for notice purposes or add one additional address for notice purposes. The rights, conditions, covenants and provisions contained in this Easement 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. Each of the undersigned hereby represents and warrants that it is authorized to execute this Agreement on behalf of the respective parties to this Agreement and that this Agreement, when executed by said parties, shall become valid and binding obligations enforceable in accordance with its terms. WITNESSETH, the said Grantor(s) and Grantee(s) have hereunto signed their names the day and year first above written. GRANTOR: Wells Fargo Bank, N.A., a national banking association By cr•2o d AC-Q-e Name: ,/U /S' f .Q ,r17n Title: i/7 By: Name:t I a Title: ve GRANTEE: The City of Tukwila, a municipal corporation of the State of Washington i n� .1 AV 2 d Adirars ant er By: Name: Title: Page 5 of 16 nnctio le- GRANTEE: The King County Flood Control Zone District, a quasi municipal corporation By.S& Name:' rn, 6 Title: C44€& M 3 7 ife ports; State of California County of ake On C 20 before me, (here ins6rt n me and titl of the officer personally appeared &L 5 a 440w4 who proved to me on the basis of satisfactory evidence to be the persons) whose nam (s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or 17 entity upon behalf ofhich the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 6of16 JUDY GOi'I7;;IES C'c 16671:70 o COLIrdy Ly Cc n 1 F 2010 STATE OF WASHINGTON ss. COUNTY OF KING On this is Tfl day of t tn�1Q Public in and for the State of Washu ton, duly a-19Pir6 signed as corporation of the State of g i, 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 Q was duly elected, qualified and acting as said officer of the corporation, that C 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. Was n toi Print Name: C.. eS11./ ,A. Q;Fla 1L Notary Public in and forlhe State of Washington, residing at cid( .41i✓ P.& 3 -`l My commission expires: Page 7 of 16 2010, before me, the undersigned, a Notary commissioned and sworn, personally appeared to me known to be the person who of the City of Tukwila, a municipal STATE OF WASHINGTON ss. COUNTY OF KING On On this q�J day of Jilt/2a 2010, before me, the undersigned, a Notary Public in ancl, for the State of Washington, duly commissioned and sworn, personally appeared B ob O eerks to me known to be the person who signed asf((e/7rr)Di redo c- CbNR.P of the King County Flood Control Zone District, a quasi- public corporation, 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 be, was duly elected, qualified and acting as said officer of the corporation, that hp 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. t Name: L--; nit- /a7ae-1 Notary Public u and for the State of Washington, residing a ten± 0 My commission expires: ‘..5 `f'02O /Y Page 8 of 16 PARCEL A: EXHIBIT A UNDERLYING PROPERTY PARCEL(S) LEGAL DESCRIPTION That portion of Government Lot 4, Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36 a distance of 1,320.01 feet to the northwest corner of said Government Lot 4; Thence south 88 °04'53" east along the centerline of South 180th Street, a distance of 431.81 feet; Thence south 01 °55'07" west a distance of 36.00 feet to the southerly margin of said South 180th Street and the TRUE POINT OF BEGINNING; Thence south 88 °04'53" east along said southerly margin a distance of 257.94 feet; Thence south 11 °05'55" east a distance of 70.94 feet; Thence south 07 °39'54" east a distance of 50.09 feet; Thence south 09 °22'49" east a distance of 50.02 feet; Thence south 15 °06'12" east a distance of 39.16 feet; Thence north 88 °04'53" west a distance of 353.52 feet; Thence north 01 °55'07" east a distance of 155.00 feet; Thence along a curve to the right having a radius of 50.00 feet, an are distance of 78.54 feet through a central angle of 90 °00'00" to the TRUE POINT OF BEGINNING; EXCEPT THAT PORTION conveyed to the City of Tukwila by deed recorded as Recording Number 9203301074. PARCEL B: That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36, a distance of 1320.01 feet to the northwest corner of said Government Lot 4; Thence south 88 °04'53" east along the centerline of South 180 Street a distance of 381.81 feet; Thence south 01 °55'07" west a distance of 341.00 feet to the north line of property conveyed to David F. Bolger by deed recorded under Recording Number 7606290589 and the TRUE POINT OF BEGINNING; Thence north 01 °55'07" east, a distance of 100 feet to the south line of property described in Recording Number 6356645; Page 9 of 16 Thence south 88 °04'53" east, along said south line 353.52 feet, more or less, to the easterly boundary of said Government Lot 4; Thence southerly, along said easterly boundary, to the northeast corner of said Bolger property; Thence north 88 °04'53" west, along said northerly line of the Bolger property, a distance of 376.00 feet, more or less, to the TRUE POINT OF BEGINNING. PARCEL C: That portion of Government Lot 4 in Section 36 and that portion of Government Lot 1 in Section 35, ALL in Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the Northwest corner of said Section 36; Thence South 01 19 01 West along the West line of said Section 36 a distance of 1355.89 feet to the South margin of South 180th Street; Thence Easterly along a curve to the left, the center of which bears North 02 45 45 East having a radius of 336.00 feet, an arc distance of 9.00 feet through a central angle of 01 32 04 to the South line of the North 36 feet of said Government Lot 4; Thence South 88 46 19 East along said South line a distance of 274.81 feet; Thence along a curve to the right having a radius of 50.00 feet an arc distance of 78.54 feet through a central angle 90 00' 00 Thence South 01 13 41 West a distance of 58.00. feet to the TRUE POINT OF BEGINNING; Thence continuing South 01 13 41 West a distance of 197.00 feet; Thence North 88 46 19 West a distance of 2.00 feet; Thence South 69 38 41 West a distance of 187.60 feet, more or less, to a line 30 feet Easterly and parallel to the West boundary line of said Government Lot 4; Thence Northwesterly along said line 30 feet Easterly of and parallel to the West boundary line of said Governenment Lot 4 and a line 30 feet Easterly of and parallel to the West boundary line of said Government Lot 1 with the following bearings and distances: NORTH 36 40 03 West a distance of 169.42 feet and North 38 32 31 West a distance of 172.15 feet to a line 144.00 feet South of and parallel to theNorth line of said Government Lot 4; Thence South 88 46 19 East along said line a distance of 390.63 feet, more or less, to the TRUE POINT OF BEGINNING. Page l0 of 16 PARCEL D: That portion of Govenment Lot 4 in Section 36 and that portion of Governemnt Lot 1 in Section 35, ALL in Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the Northwest corner of said Section 36; Thence South 01 19 01 West along the West line of said Section 26 a distance of 1355.89 feet to the South margin of South 180th Street; Thence Easterly along a curve to the left, the center of which bears North 02 45 45 East having a radius of 336.00 feet, an arc distance of 9.00 feet through a central angle of 01 32 04 to the South line of the North 36 feet of said Government Lot 4; Thence South 88 46 19 East along said South line a distance of 274.81 feet; Thence along a curve to the left having a radius of 50.00 feet an arc distance of 78.54 feet through a central angle of 90 00' 00 Thence South 01 13 41 West a distance of 255.00 feet; Thence North 88 46 19 West a distance of 2.00 feet; Thence South 69 38 41 West a distance of 187.60 feet, more or less, to a line 30 feet Easterly of and parallel to the West boundary line of said Government Lot 4 and the TRUE POINT OF BEGINNING; Thence continuing South 69 38 41 West a distance of 31.26 feet to the West boundary line of said Government Lot 4; Thence Northwesterly along the West boundary line of said Government Lot 4 and said Government Lot 1 with the following bearings and distances: North 36 40 03 West a distance of 160.24 feet and North 38 32 31 West a distance of 196.53 feet to a line 144.00 feet South of and parallel to the North line of said Government Lot 4; Thence South 88 46 19 East along said line a distance of 39.03 feet to a line 30 feet Easterly of and parallel to the West boundary line of said Government Lot 1; Thence Southeasterly along said line 30 feet Easterly of the West boundary line of Government Lot 1 and Government Lot 4 with the following bearings and distances; South 38 32 31 East a distance of 172.15 feet and South 36 40' 03 East a distance of 169.42 feet to the TRUE POINT OF BEGINNING. Page 11 of 16 PARCEL E: That portion of Government Lot 4 in Section 36, and that portion of Govemment Lot 1 in Section 35, ALL in Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the Northwest corner of said Section 36; Thence South 01 19 01 West along the West line of said Section 36, a distance of 1,355.89 feet to the South margin of South 180th Street and the TRUE POINT OF BEGINNING; Thence Easterly along a curve to the left, the center of which bears North 02 45 45 East, having a radius of 336.00 feet, an are distance of 9.00 feet through a central angle of 01 32 04 to the South line of the North 36 feet of said Government Lot 4; Thence South 88 46 19 East along said South line, a distance of 274.81 feet; Thence along a curve to the right having a radius of 50.00 feet, an are distance of 78.54 feet through a central angle of 90 00' 00 Thence South 01 13 41 West, a distance of 58.00 feet; Thence North 88 46 19 West to the Southwesterly line of Government Lot 1 of said Section 35; Thence Northwesterly along said Southwesterly line to the Western extension of the North line of Government Lot 4 in said Section 36; Thence South 88 46 19 East along said Westerly extension to a point 142.38 feet West of the Northwest corner of said Government Lot 4; Thence on a curve to the left, the center of which bears North 27 59 36 East, having a radius of 336.00 feet, an are distance of 147.96 feet to the TRUE POINT OF BEGINNING. PARCEL F: An undivided one quarter interest in the private roadway being known as "Sperry Drive described as follows: Beginning at the Nothwest corner of said Government Lot 4; Thence South 88 04 53 east along the centerline of South 188th Street a distance of 431.81 feet; Thence South 01 55 07 West a distance of 36.00 feet to the Southerly margin of said South 180th Street and the TRUE POINT OF BEGINNING; Thence along a curve to the left having a radius of 50.00 feet, an arc distance of 78.54 feet through a central angle of 90 00 00 Thence South 01 55 07 West a distance of 255.00 feet; Thence North 88 04 53 West a distance of 48.00 feet; Thence North 01 55 07 East a distance of 255.00 feet; Thence along a curve to the left having a radius of 50.00 feet, an arc distance of 78.54 feet, through a central angle of 90 00' 00 Thence South 88 04 53 East a distance of 148.00 feet to the TRUE POINT OF BEGINNING. Page 12 of 16 EXHIBIT B FLOOD PROTECTION LEVEE EASEMENT LEGAL DESCRIPTION All those portions of Parcels C, D, and E, Exhibit A herein, lying southwesterly and riverward of a line described as follows: Beginning at the Southeast corner of said Parcel C, and running thence along the Southerly boundary line North 88° 46' 19" West a distance of 2.00 feet, and South 69° 38' 41" West a distance of 143.8 feet to the TRUE POINT OF BEGINNING; Thence North 36° 25' 56" West a distance of 477.6 feet more or less to the Northerly boundary of said Parcel E and the terminus of the line so described. Also, all those portions of Parcels A and B, Exhibit A herein, lying Easterly of a line described as follows: Beginning at the southwest corner of said Parcel B, and running along the Southerly boundary line South 88° 04' 53" East 319.9 feet to the TRUE POINT OF BEGINNING; Thence North 15° 10' 08" West a distance of 316.8 feet more or less to the Northerly boundary of said Parcel A and the terminus of the line so described. Page 13 of 16 EXHIBIT C PERMANENT ACCESS ROAD EASEMENT LEGAL DESCRIPTION That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W.M., in King County Washington, being a strip of land 30 feet in width, lying 15 feet on either side of a centerline described as follows: Beginning at the northwest corner of said section 36; Thence south 01 °19'01" west along the west line of said section 36 a distance of 1,320.01 feet to the northwest corner of said Government Lot 4; Thence south 88 °04'53" east along the centerline of South 180` Street, a distance of 381.81 feet; Thence south 01 °55'07" west a distance of 291.00 feet to a point located 50 feet northerly from the north line of property conveyed to David R. Bolger by deed recorded under Recording Number 7606290589 and the True Point of Beginning; Thence south 88 °04'53" east along said north line 353.52 feet more or less, to the easterly boundary of said Government Lot 4. Also, That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W.M., in King County Washington, described as follows: Beginning at the northwest corner of said section 36; Thence south 01 °19'01" west along the west line of said section 36 a distance of 1,355.89 feet; Thence easterly along a curve to the left, the center of which bears north 02 °45'45" east having a radius of 336.00 feet, an arc distance of 9.00 feet, through a central angle of 01 °32'04" to the south line of the north 36 feet of Government Lot 4 of said Section 36; Thence south 88°46'19" east along said south line a distance of 422.81 feet to the True Point of Beginning; Thence along a curve to the left, the center of which bears south 01 °13'41" west having a radius of 50.00 feet, an are distance of 78.54 feet, through a central angle of 90°00'00"; Thence south 01°13'41' west a distance of 255.00 feet; Thence north 88 °46' 19" west a distance of 48.00 feet; Thence north 01 °13'41" east a distance of 255 feet; Thence along a curve to the left, having a radius of 50.00 feet, an are distance of 78.54 feet, through a central angle of 90 °00'00; Thence south 88 °46' 19" east a distance of 148.00 feet to the point of beginning. Page 14 of 16 Excepting therefrom, the north 20 feet. EXHIBIT D TEMPORARY WORK AREA EASEMENT That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W.M., in King County Washington, described as follows: Beginning at the northwest corner of said section 36; Thence south 01 °19'01" west along the west line of said section 36 a distance of 1,320.01 feet to the northwest corner of said Government Lot 4; Thence south 88 °04'53" east along the centerline of South 180 Street, a distance of 381.81 feet; Thence south 01 °55'07" west a distance of 341.00 feet to the north line of property conveyed to David R. Bolger by deed recorded under Recording Number 7606290589 and the True Point of Beginning; Thence north 01 °55'07" east a distance of 100 feet to the south line of property described in Recording Number 6356645; Thence south 88 °04'53" east along said south line 353.52 feet more or less, to the easterly boundary of said Government Lot 4; Thence southerly along said easterly boundary, to the northeast corner of said Bolger property; Thence north 88 °04'53" west along said northerly line of the Bolger property, a distance of 376.00 feet, more or less to the True Point of Beginning. Page 15 of 16 EXHIBIT E Tukwila 205: Site 3 Easements Temporary Staging and Work Area Easement Permanent Levee Easement Permanent Access Easement Parcel Boundaries 75 0 75 150 Feat Page 16 of 16 3623049079