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HomeMy WebLinkAbout2015 - Easement Agreement - Segale Properties LLC - 20150616000300Recording Requested By And When Recorded Mail To: The City of Tukwila City Clerk 6200 Southcenter Blvd Tukwila, Washington 98188 111111111 1111111 11 1111 20150616000300 CITY OF TUKWIL EAS 82.00 PAGE -001 OF 011 06/16/2015 09:06 KING COUNTY, WA EXCISE TAX NOT REQUIRIis King Co. Recor : •' ' ion , Deputy By EASEMENT AGREEMENT Fief. 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 9 - 12, hereinafter called Exhibit A. Assessor's Tax Parcel ID #s: 3523049055, 3523049121, 3523049018, 3523049115, 3523049116, 3523049041, 0222049033, 0222049011, 0222049015 THIS EASEMENT AGREEMENT (this "Agreement ") is made as of the i0 h. day of 4 , 2015, by and between Segale Properties LLC, a Washington limited lia ility 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 a Grantee RECITAL Pursuant to Section 4.5.3 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, Easement Area One attached hereto, for the purpose of constructing improvements to Grantee's levee system on the west side of the Green River, 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 and conveys to the Grantee, its successors and assigns easements, subject to the terms and conditions set forth in this Agreement, under, over and upon those limited portions of the real property described in Exhibit A attached hereto and by this reference made a part hereof, situated in King County, Washington, all for the specific and limited purposes set forth below: (a) Flood Protection Easement. A perpetual right and easement in favor of Grantee in the land described in Exhibit A Easement Area One, to construct, maintain, repair, operate, patrol and replace a flood control structure, including all appurtenances thereto ( "Flood Protection Easement "); reserving, however, to Grantor, its successors and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired, this grant of easement being subject, however, to EASEMENT AGREEMENT PAGE 1 all easements, reservations, covenants, conditions and restrictions of record. (b) Access Easement. A perpetual right and easement in favor of the Grantee for the sole purposes of inspection, repair and maintenance of said flood control structure noted in (a) above, in, on, over and across the land described in Exhibit A Easement Area Two (the "Access Easement "); reserving however, to Grantor, its successors and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; this grant of easement being subject, however, to all easements, reservations, covenants, conditions and restrictions of record. Notwithstanding the foregoing, Grantee shall not unreasonably interfere with Grantor's use of the existing "Segale Business Park" at such time Grantee commences improvements to or replacement of the flood control structure. For the purposes of this Agreement, "unreasonably interferes" shall be deemed to include, without limitation, any restriction on the use of the existing buildings or the paved areas around them, and "Segale Business Park" shall comprise the legal lots owned by Grantor located along the west bank of the Green River between South 180th Street and the south line of the following described parcel: PARCEL D OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02 -029, AS RECORDED UNDER RECORDING NO. 20021007900001, RECORDS OF KING COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. 2. No Rights Created in Public Nothing in this grant shall be deemed to be a gift or dedication of land to the public, or a grant of access to the general public or for recreational uses. The scope of this grant is expressly limited to Grantee, for its use and for the use of its employees and contractors, for the limited purposes described in this Agreement, except as provided in Section 5 herein. 3. Grantee's Indemnification of Grantor Grantee, and its successors and assigns, shall protect, indemnify, defend and hold Grantor, and its successors and assigns, harmless from and against any and all losses, costs, claims, suits, liabilities, causes of action and expenses of any kind or nature (including reasonable attorneys' fees) arising out of, related to, or incurred by reason of the rights granted hereunder. 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. 4. 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 self- insurance from time to time upon Grantor's request, and will name Grantor, its successors and assigns, as EASEMENT AGREEMENT PAGE 2 additional insureds in the event Grantee should choose not to self- insure. Grantee may self- insure its obligations hereunder. Except to the extent of any gross negligence on the part of Grantor, Grantee shall indemnify and hold Grantor, its successors and assigns, harmless from all claims, damages or causes of action, including attorneys' fees and court costs, arising from Grantee's use of the Flood Protection Easement and Access Easement. 5. Binding on Successors and Assigns; Limited Right to Assign 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. Grantee shall have the right to assign its rights and interests under this Agreement to any one or more governmental entities that are created and then - existing under the laws of the State of Washington that have legal responsibilities in connection with the inspection, maintenance, repair, rehabilitation and replacement of the flood control structure. 6. Eminent Domain If any part of the Flood Protection Easement and /or Access Easement 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 Flood Protection Easement and /or Access Easement is taken, the easement granted herein shall continue in full force and effect with respect to the portion of the Flood Protection Easement and /or Access Easement not taken. If all of the Flood Protection Easement and Access Easement is taken, the easement granted herein shall terminate and the obligations hereunder of Grantor and Grantee shall automatically cease and terminate as to this Easement Agreement when possession is transferred to the condemning agency, except for any obligations concerning events occurring prior to the termination of the easement. 7. 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. 8. 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 EASEMENT AGREEMENT PAGE 3 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. [Signatures on Following Page] EASEMENT AGREEMENT PAGE 4 Entered into as of the day and year first above written. GRANTOR: SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro Land ' evelo • t Inc. Its: Manager By: /�f► �,�__. _ Mark A. Segale, - resident GRANTEE: THE CITY OF TUKWILA, a municipal corporation of the State of Washington By: EASEMENT AGREEMENT PAGE 5 STATE OF WASHINGTON ) COUNTY OF KING ) ss. On this IS day of M 0.y , 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. Print Name: ,. 9- Com,,.bs Notary Public in and for the State of Washington, residing at: 7-, ►� �- ►�, v, A My commission expires: It - I EASEMENT AGREEMENT PAGE 6 STATE OF WASHINGTON ) ) ss. COUNTY OF KING On this 10 ' day of , 2015, before me, the undersigned, a Notary Public in and for the S ate of Washington, duly commissioned and sworn, personally appeared 11 At Wag $-z , to me known to be the person who signed as MSC 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 1.1-e was duly elected, qualified and acting as said officer of the corporation, that 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. ,f"II " 544, Print Name: MP,Cts3 --1c - i fri' Notary Public in and for the State of Washington, residing at: C--17). v t �� My commission expires: lf�emp EASEMENT AGREEMENT PAGE 7 EXHIBIT A FLOOD PROTECTION EASEMENT EASEMENT AREA ONE LEGAL DESCRIPTION A STRIP OF LAND 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 TO THE LEFT OF THE ORDINARY HIGH WATER MARK OF THE LEFT BANK OF THE GREEN RIVER AND RIVERWARD OF THE FOLLOWING DESCRIBED LINE: 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 888.48 FEET, MORE OR LESS, TO A POINT, WHEN MEASURED AT RIGHT ANGLES, TO SAID SOUTH LINE, SAID POINT BEING NORTH OF THE NORTHEAST CORNER OF LOT 4 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 93 -0085, AS RECORDED UNDER KING COUNTY RECORDING NO. 9311301961; THENCE SOUTH 02° 08'32 "WEST 10.51 FEET TO SAID NORTHEAST CORNER OF LOT 4; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 4 ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 20° 20'53 "WEST A DISTANCE OF 336.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 44'43 ", AN ARC LENGTH OF 4.37 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 53° 36'09 "WEST 91.03 FEET TO A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 27.83 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23° 59'08" AN ARC LENGTH OF 11.65 FEET; THENCE SOUTH 29° 37'01 "WEST 91.54 FEET TO A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 117.83 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 31'44 ", AN ARC LENGTH OF 11.37 FEET; THENCE SOUTH 24° 05'17 "WEST 88.46 FEET; THENCE SOUTH 22° 34'16 "WEST 71.63 FEET; THENCE SOUTH 18° 38'35 "WEST 97.03 FEET TO A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 37.83 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21° 09'15" AN ARC LENGTH OF 13.97 FEET; THENCE SOUTH 02° 30'39 "EAST 59.72 FEET; THENCE SOUTH 01° 02'41 "EAST 103.01 FEET TO A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 102.17 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 28'08" AN ARC LENGTH OF 9.75 FEET; THENCE SOUTH 04° 25'27 "WEST 166.45 FEET; THENCE SOUTH 02° 53'57 "WEST 84.06 FEET; THENCE SOUTH 05° 08'09 "WEST 253.64 FEET, MORE OR LESS, TO INTERSECT THE EASTERLY BOUNDARY OF THE AFOREMENTIONED LOT 4, ALSO BEING THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 85° 56'31 "WEST 11.00 FEET; THENCE SOUTH 09° 03'18 "WEST 92.14 FEET; THENCE SOUTH 08° 48'42 "WEST 303.88 FEET; THENCE SOUTH 12° 45'48 "WEST 104.09 FEET; THENCE SOUTH 25° 23'50 "WEST 86.60 FEET; THENCE SOUTH 25° 20'33 "WEST 68.76 FEET; THENCE SOUTH 38° 49'42 "WEST 101.40 FEET; - THENCE SOUTH 44° 41'33 "WEST 136.86 FEET; THENCE SOUTH 51° 32'05 "WEST 39.48 FEET; THENCE SOUTH 42° 25'31 "WEST 86.33 FEET; THENCE SOUTH 38° 32'53 "WEST 59.01 FEET; THENCE SOUTH 21° 28'24 "WEST 33.44 FEET; THENCE SOUTH 27° 21'15 "WEST 39.70 FEET; THENCE SOUTH 32° 28'49 "WEST 27.24 FEET; THENCE SOUTH 23° 23'16 "WEST 37.08 FEET; THENCE SOUTH 15° 30'57 "WEST 37.42 FEET; EASEMENT AGREEMENT PAGE 8 THENCE SOUTH 14° 58'01 "WEST 106.78 FEET; THENCE SOUTH 13° 28'46 "WEST 244.28 FEET; THENCE SOUTH 28° 22'51 "WEST 105.94 FEET; THENCE SOUTH 40° 26'42 "WEST 138.57 FEET; THENCE SOUTH 55° 16'57 "WEST 126.94 FEET; THENCE SOUTH 73° 52'44 "WEST 43.79 FEET; THENCE NORTH 73° 53'09 "WEST 110.35 FEET; THENCE NORTH 56° 21'15 "WEST 56.69 FEET; THENCE NORTH 46° 50'59 "WEST 91.23 FEET; THENCE NORTH 41° 02'49 "WEST 205.80 FEET; THENCE NORTH 43° 27'13 "WEST 127.54 FEET; THENCE NORTH 59° 34'34 "WEST 63.11 FEET; THENCE NORTH 68° 02'14 "WEST 99.92 FEET; THENCE NORTH 74° 47'12 "WEST 230.43 FEET; THENCE NORTH 80° 55'56 "WEST 39.02 FEET; THENCE NORTH 85° 03'36 "WEST 36.54 FEET; THENCE NORTH 87° 58'10 "WEST 36.57 FEET; THENCE SOUTH 85° 34'07 "WEST 72.53 FEET; THENCE SOUTH 88° 18'20 "WEST 36.58 FEET; THENCE SOUTH 83° 52'19 "WEST 37.25 FEET; THENCE SOUTH 75° 46'32 "WEST 36.92 FEET; THENCE SOUTH 68° 53'17 "WEST 73.78 FEET; THENCE SOUTH 62° 26'44 "WEST 74.86 FEET; THENCE SOUTH 56° 58'22 "WEST 68.87 FEET; THENCE SOUTH 48° 12'09 "WEST 70.37 FEET; THENCE SOUTH 41° 33'40 "WEST 70.63 FEET; THENCE SOUTH 33° 06'01 "WEST 70.95 FEET; THENCE SOUTH 24° 39'11 "WEST 70.97 FEET; THENCE SOUTH 16° 27'16 "WEST 71.00 FEET; THENCE SOUTH 08° 06'28 "WEST 70.75 FEET; THENCE SOUTH 00° 43'14 "WEST 74.97 FEET; THENCE SOUTH 11° 48'36 "EAST 90.75 FEET; THENCE SOUTH 20° 44'59 "EAST 80.45 FEET; THENCE SOUTH 34° 11'16 "EAST 62.81 FEET; THENCE SOUTH 35° 48'31 "EAST 63.84 FEET; THENCE SOUTH 48° 37'33 "EAST 52.85 FEET; THENCE SOUTH 54° 19'42 "EAST 61.29 FEET; THENCE SOUTH 56° 59'47 "EAST 33.41 FEET; THENCE SOUTH 63° 19'22 "EAST 106.41 FEET; THENCE SOUTH 67° 32'37 "EAST 81.71 FEET; THENCE SOUTH 71° 17'42 "EAST 78.52 FEET; THENCE SOUTH 71° 05'03 "EAST 108.57 FEET; THENCE SOUTH 70° 10'18 "EAST 71.25 FEET; THENCE SOUTH 71° 49'25 "EAST 163.47 FEET; THENCE SOUTH 70° 11'10 "EAST 100.92 FEET; THENCE SOUTH 63° 20'16 "EAST 45.33 FEET; THENCE SOUTH 59° 17'16 "EAST 51.92 FEET; THENCE SOUTH 51° 07'13 "EAST 31.43 FEET; THENCE SOUTH 45° 56'43 "EAST 36.72 FEET; THENCE SOUTH 38° 24'00 "EAST 74.08 FEET; THENCE SOUTH 30° 08'47 "EAST 76.56 FEET; THENCE SOUTH 20° 19'00 "EAST 40.81 FEET; THENCE SOUTH 14° 48'00 "EAST 37.71 FEET; THENCE SOUTH 08° 19'43 "EAST 48.07 FEET;__ THENCE SOUTH 00° 27'56 "WEST 48.63 FEET; THENCE SOUTH 05° 34'43 "WEST 56.16 FEET; THENCE SOUTH 14° 09'47 "WEST 41.27 FEET; THENCE SOUTH 20° 26'08 "WEST 48.21 FEET; THENCE SOUTH 29° 45'00 "WEST 50.60 FEET; THENCE SOUTH 41° 12'03 "WEST 36.19 FEET; THENCE SOUTH 45° 36'05 "WEST 56.73 FEET; THENCE SOUTH 53° 44'02 "WEST 42.63 FEET; THENCE SOUTH 60° 02'39 "WEST 40.14 FEET; THENCE SOUTH 68° 37'07 "WEST 68.14 FEET; EASEMENT AGREEMENT PAGE 9 THENCE SOUTH 74° 36'29 "WEST 26.72 FEET; THENCE SOUTH 80° 48'11 "WEST 56.37 FEET; THENCE SOUTH 89° 02'25 "WEST 55.17 FEET; THENCE NORTH 89° 25'37 "WEST 66.50 FEET; THENCE NORTH 86° 53'34 "WEST 169.24 FEET; THENCE NORTH 87° 06'15 "WEST 103.57 FEET; THENCE NORTH 88° 43'26 "WEST 99.71 FEET; THENCE NORTH 88° 26'45 "WEST 84.47 FEET; THENCE SOUTH 88° 50'57 "WEST 75.21 FEET; THENCE SOUTH 88° 05'30 "WEST 71.11 FEET; THENCE SOUTH 87° 23'14 "WEST 83.70 FEET; THENCE SOUTH 81° 56'51 "WEST 78.73 FEET; THENCE SOUTH 78° 23'34 "WEST 84.44 FEET; THENCE SOUTH 71° 12'12 "WEST 116.62 FEET; THENCE SOUTH 66° 09'12 "WEST 81.08 FEET; THENCE SOUTH 62° 07'24 "WEST 73.96 FEET; THENCE SOUTH 55° 07'16 "WEST 85.26 FEET; THENCE SOUTH 52° 23'13 "WEST 55.85 FEET; THENCE SOUTH 54° 39'48 "WEST 78.81 FEET; THENCE SOUTH 45° 25'17 "WEST 44.67 FEET; THENCE SOUTH 36° 51'16 "WEST 78.99 FEET; THENCE SOUTH 37° 07'44 "WEST 90.24 FEET; THENCE SOUTH 31° 57'27 "WEST 31.64 FEET; THENCE SOUTH 30° 54'47 "WEST 45.14 FEET; THENCE SOUTH 24° 57'14 "WEST 143.63 FEET; THENCE SOUTH 14° 08'59 "WEST 424.18 FEET, MORE OR LESS, TO THE NORTH RIGHT OF WAY MARGIN OF A CROSS LEVEE EASEMENT, SAID EASEMENT BEING RECORDED UNDER KING COUNTY RECORDING NO. 9109051216; ALSO BEING THE BEGINNING OF A NON - TANGENT CURVE TO THE RIGHT, THE RADIAL CENTER OF WHICH BEARS NORTH 74° 17'55 "WEST 720.00 FEET; THENCE SOUTHERLY ALONG THE EASTERLY MARGIN OF SAID CROSS LEVEE EASEMENT AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06° 10'56 ", AN ARC LENGTH OF 77.69 FEET TO AN ANGLE POINT ON THE EAST LINE OF SAID CROSS LEVEE EASEMENT; THENCE NORTH 68° 06'59 "WEST ALONG THE SOUTH LINE OF SAID CROSS LEVEE EASEMENT 10.00 FEET; THENCE LEAVING SAID EASEMENT,SOUTH 38° 16'03 "WEST 101.16 FEET; THENCE SOUTH 26° 59'00 "WEST 131.33 FEET; THENCE SOUTH 23° 05'47 "WEST 330.53 FEET TO A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 106.50 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 53'32 ", AN ARC LENGTH OF 38.83 FEET; THENCE SOUTH 02° 13'35 "WEST 789.62 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 AS MEASURED ALONG SAID SOUTH LINE AND 698.44 FEET DISTANT FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE CONTINUING SOUTH 02° 13'35 "WEST 14.95 FEET, MORE OR LESS. TO THE NORTH RIGHT OF WAY MARGIN OF SOUTH 196TH STREET, ALSO BEING THE TERMINUS OF THIS LINE. EXCEPT ANY PORTION THEREOF "IF ANY" LYING WITHIN THE RIGHT OF WAY OF SOUTH 200TH 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. TOGETHER WITH A STRIP OF LAND LYING OVER, UNDER AND ACROSS A PORTION OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE W.M., KING COUNTY, WASHINGTON, SAID STRIP LYING WESTERLY, UPLAND AND TO THE LEFT OF THE TOE OF THE LEFT BANK OF THE GREEN RIVER AND EASTERLY AND RIVERWARD OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE SOUTH 89° 16'29 "EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 1244.41 FEET TO THE POINT OF BEGINNING FOR THIS LINE; EASEMENT AGREEMENT PAGE 10 THENCE SOUTH 00° 43'31 "WEST 77.90 FEET; THENCE SOUTH 04° 34'09 "EAST 18.73 FEET; THENCE SOUTH 11° 41'57 "WEST 57.07 FEET; THENCE SOUTH 07° 46'20 "WEST 10.07 FEET; THENCE SOUTH 02° 49'38 "EAST 16.56 FEET; THENCE SOUTH 12° 49'02 "EAST 31.80 FEET; THENCE SOUTH 09° 01'22 "EAST 23.88 FEET; THENCE SOUTH 03° 08'31 "EAST 23.92 FEET; THENCE SOUTH 00° 09'10 "WEST 101.24 FEET; THENCE SOUTH 01° 24'38 "WEST 47.76 FEET; THENCE SOUTH 02° 38'53 "WEST 18.66 FEET; THENCE SOUTH 07° 24'38 "WEST 37.28 FEET; THENCE SOUTH 09° 23'03 "WEST 21.11 FEET; THENCE SOUTH 12° 30'55 "WEST 21.07FEET; THENCE SOUTH 15° 38'47 "WEST 21.06 FEET; THENCE SOUTH 19° 03'58 "WEST 32.16 FEET; THENCE SOUTH 24° 01'27 "WEST 18.10 FEET; THENCE SOUTH 28° 39'09 "WEST 36.25 FEET; THENCE SOUTH 35° 55'45 "WEST 67.26 FEET; THENCE SOUTH 38° 48'03 "WEST 83.62 FEET; THENCE SOUTH 39° 27'07 "WEST 95.55 FEET; THENCE SOUTH 34° 44'49 "WEST 74.67 FEET; THENCE SOUTH 33° 03'09 "WEST 222.93 FEET; THENCE SOUTH 33° 12'46 "WEST 59.20 FEET; THENCE SOUTH 26° 47'41 "WEST 34.52 FEET; THENCE SOUTH 13° 54'57 "WEST 32.86 FEET; THENCE SOUTH 11° 21'41 "WEST 18.04 FEET; THENCE SOUTH 21° 59'01 "WEST 21.36 FEET; THENCE SOUTH 21° 35'07 "WEST 134.16 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID GOVERNMENT LOT 8, SAID POINT BEING SOUTH 89° 19'53 "EAST 743.46 FEET, AS MEASURED ALONG SAID SOUTH LINE, FROM THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 8, ALSO BEING THE TERMINUS OF THIS LINE. 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. ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 200TH STREET. ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 204TH STREET. ACCESS EASEMENT EASEMENT AREA TWO LEGAL DESCRIPTION A 10.00 FOOT WIDE STRIP OF LAND LYING WESTERLY OF, ADJACENT TO AND PARALLEL WITH THAT PORTION OF SAID FLOOD PROTECTION EASEMENT, EASEMENT AREA ONE LYING SOUTHERLY OF THE THOSE CERTAIN PARCELS DEEDED TO GACO WESTERN INC. BY DEEDS RECORDED UNDER KING COUNTY RECORDING NUMBERS 7308030425 AND 7306150553. EASEMENT AGREEMENT PAGE 11