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HomeMy WebLinkAbout2003 - Developer Extension Agreement - Val Vue Sewer District / International Gateway East - 2003061600054320030616000543 VAL VUE SEWER DISTRICT DEVELOPER EXTENSION AGREEMENT LUU3Ub'I bUUUb43UU THIS AGREEMENT is to be effective as of the day of June 20 03 , by and between International Gateway East LLC (the "Owner ") and VAL VUE SEWER DISTRICT, a municipal corporation of the State of Washington (the "Distnct "). RECITALS A The Board of Sewer Commissioners of the Distnct operates a system of sewerage for collection and treatment of sanitary sewage in a portion of the District. B The Owner owns certain property legally descnbed in Exhibit A, attached hereto and by this reference made a part hereof (the "Property "), which is located at 12500 Tukwila International Blvd, Seattle, WA 98168 C. The Owner is willing to construct a system of sanitary sewer lines at Owner's expense, pursuant to the terms of this Agreement, in order to connect the Property to the District's existing system of sewerage at the manhole at South 126th Street D The construction of an internal system of sewerage for the collection of sanitary sewage on the Property is consistent with the District's comprehensive plan E As an initial step in providing sewage collection and treatment service to the Property, certain improvements to the District's system must be constructed and installed. F The improvements consist generally of furnishing and constructing 915 ft. of 8" sanitary sewer lines and all appurtenances necessary to compnse a complete system ready for operation (the "Project ") TERMS AND CONDITIONS IN CONSIDERATION of the mutual promises and performances provided herein, the parties hereto for themselves, their assigns and successors in interest, agree as follows: 1. Cash Deposit. Owner agrees to pay the Distnct a cash deposit equal to One Dollar and no /100 ($1 00) per each foot of main tine sewer installed with a minimum of Two Hundred Fifty Dollars and no /100 ($250.00) at the time of the filing of this Agreement. This cash deposit shall be conditioned upon the owner's stnct compliance with the District's - 9 - • • LVVJVO 1 OUVV04J.UUJ conditions and standards contained herein and shall insure the District against any damage to the existing sewer system as a result of the owner's failure to comply This cash deposit shall be in addition to the basic engmeenng and administrative fee and the engmeenng, legal and administrative costs outlined m Section 6 below. The cash deposit will be refunded to the owners one year after satisfactory completion of the extension and connection of the extension to the existing system, which completion shall be signified by Section 10 below. In the event of the owner's failure to comply, the Distract may exercise the right to irrevocably forfeit the total amount of the cash deposit as liquidated damages The retention of such fund is in addition to and shall in no way limit the owners' liability regarding the project guarantee as stipulated in the remainder of the specification. 2. Permission to Construct Project. The District shall permit the Owner to construct and install the Project. 3. Standards of Construction. Construction and installation of the Project shall be strictly in accordance with standards, rules and regulations of the Distnct as now in effect and as the same hereafter may be amended. 4. Submission of Schedule. Promptly after execution of this Agreement, the Owner shall submit to the Distract a schedule regarding construction of the Project. 5. Preparation and Review of Plans and Specifications. To insure that the Project is designed to the satisfaction of the District and its consulting engineer shall review and approve in writing before work on the Project is commenced the plans, specifications and drawings of the Project, which shall be prepared by a licensed professional engineer of the Owner's choosing. 6 Engineering, Legal and Administrative Costs. The Owner has paid to the District a non - refundable Basic Engineenng and Administrative Fee for review of the application for developer extension and initial services of the District and its consulting engineers to determine the feasibility of the Project. During the period of construction and installation of the Project, the District shall submit monthly to the Owner a statement of charges for other services of the Engineers pursuant to this Agreement, which statement shall be equal to the statement submitted by the consulting engineers to the District pursuant to the applicable fee arrangement for engineering services between the District and the consulting engineers. The Distract shall also submit monthly to the Owner during such penod and until this Agreement has been fully performed and the Project has been constructed and conveyed to the District, a statement of charges for legal services, which statement shall be equal to the statement submitted to the Distnct by its attorneys, pursuant to the applicable retainer resolution between the Distnct and its attorneys, for all work performed by - 10 - • • its attomeys in connection with the preparation and performance of this Agreement, including, but not limited to, participation in any pertinent admirustrative or court proceedings to which the District may become a party. The statement of charges shall include an amount equal to 15 percent of the charges of the Engineers and the Attorneys for the admimstrahve cost to the Distnct of handling such statement of charges and all out -of- pocket costs of the Distnct attributable to this Agreement. The Owner shall pay any statement of charges within thirty (30) days of receipt. Statements not paid in full within ten days shall be deemed delinquent and shall accrue interest at the rate of 12 percent per annum from the date of delinquency The District shall have the right to commence, appear in or defend any action or proceeding affecting the rights of the parties, and shall have the right to pay necessary expenses, including the costs of engineering and legal services, subject to reimbursement by the Owner in the manner provided in tlus Agreement 7. Connection Charges and Fees. Before issuance of a side sewer permit for connection of any Project sewer lines to the Distnct's sewer system, the Owner shall pay all stub, trunkage, connection, latecomer and permit fees which may be due for the Project and the Property. The fees and charges shall be calculated in accordance with the number of actual and planned building units at the time the Project is accepted by the District No other property of the Owner in the vicinity of the Property shall be connected to the Distnct's sewer system until a contract providing for the connection has been entered into with the District. 8. Commencement of the Project. In addition to any other requirements of this Agreement, and before construction of the Project is commenced, the Owner shall take the following action: (a) Obtain District approval of its contractor in accordance with the qualification requirements of applicable law and the District's Administrative Code. (b) Obtain and file evidence acceptable to the Distnct of a policy of comprehensive general liability insurance for the work being performed under this Agreement. The policy must provide minimum coverage of $1,000,000 for bodily injury, including death, and property damages per occurrence. The Distnct shall be named as an additional insured under the policy, which shall be maintained m full force and effect dunng the period of construction and installation. (c) Obtain or cause to be obtained all applicable permits and approvals at Owner's expense from agencies of cities, King County and the State of Washington - 11 - 1 VVVViiI'.J.VV41 • • Luusuo'i ouvu04a.uua (d) File with the District executed copies of any easements, in form acceptable to the Distnct, obtained for property located outside the boundaries of the Property but within the boundanes of the Distnct (e) Give the Distnct one week's wntten notice before commencing construction of the Project. (f) If construction or installation of any part of the Project will occur in a public right -of -way under franchises or permits obtained by the District or for which the District is responsible, provide to the District a restoration performance bond executed by the Owner and a surety company acceptable to the District, substantially in the form of the restoration performance bond attached to this Agreement, in the sum of $10,000 or fifty percent (50 %) of the estimated cost of that part of the Project to be construed or installed in the nght -of -way, whichever is greater The restoration performance bond shall be conditioned upon the Owner's (1) replacing, repairing and restonng the public nght -of -way in as good a condition as it was immediately before the nght -of -way was entered upon for construction of the Project, and correcting and repainng any defects appearing or developing in the materials or workmanship provided in such replacement, repair and restoration within a penod of one year after the date of acceptance of the Project by the District; and (2) indemnifying and holding harmless the District from any damage or expense by reason of the failure of such performance 9 Inspection, The Owner shall permit the Distnct and the Engineers to inspect the construction and installation of the Project, both visually before any pipe is covered and by test upon final completion, before connection is made to the District's sewer system. The District and the Engineers shall have authonty to reject any construction and installation not conforming to the approved design of the Project and the requirements of this Agreement The determination of the District and the Engineers shall be final. 10 Completion of the Project. Subject to any applicable state or local requirements, the Owner shall take the following action to receive the following approvals before the Project is connected to the District's sewer system: (a) Obtain approval and acceptance of the construction and installation of the Project by the District (b) Pay for engineering and legal services and administrative, out -of- pocket and other applicable fees and charges, as provided herein (c) Satisfy and release all liens and encumbrances for labor, materials and taxes relating to the Project. (d) Convey without cost to the District ten -foot easements and rights -of -way - 12 - • • 1UVJVO1OUVV043.VVO (five feet on each side of the sewer lures), in form acceptable to the District, for all Project sewer lures, with the right of ingress and egress for maintenance, operation, repair and replacement In addition, the easement shall contain the District's right to connect additional property consistent with Section 14 herein and with latecomer reimbursement nghts consistent with Section 27. (e) Obtain for the Distnct such other easements, in form acceptable to the District, as are found by the District to be necessary to gain access to the Project. (f) By warranty bill of sale, substantially in the form of the Warranty Bill of Sale attached to this Agreement, convey the Project to the District free and clear of all hens or encumbrances The Owner's conveyance of the Project to the Distnct shall be completed before the Owner sells or contracts to sell the Property or any portion thereof. (g) Upon request of the District, provide to the District a title report concerning any casement or nght -of -way that will be conveyed to the Distnct (h) When the Project is accepted by the Distnct, provide to the Distnct a maintenance bond executed by the Owner and a surety company acceptable to the District, substantially in the form of the maintenance bond attached to this Agreement, in an amount prescnbed by the District but not to exceed 50 percent of the cost of the Project The maintenance bond shall be conditioned upon (1) repainng and correcting any defects appearing or developing in the materials or workmanship provided in the construction and installation of the Project within a period of one year after the date of acceptance of the Project by the District; and (2) indemnifying and holding harmless the District from any damages or expenses by reason of the failure of such performance. (i) Deliver to the Distnct an ongmal Mylar as -built set of plans for the Project, including all side sewer connections 0) Deliver to the District two final copies of the plat of the Property. 11. District Authority; Delinquencies. The Owner shall be subject to all standards, rules and regulations of the District as now in effect and as the same hereafter may be amended. In the event of delinquency in the payment of any rates, charges or assessments imposed by the District, the Owner shall be subject to the lien and foreclosure provisions of the laws of the State of Washington and the rules, regulations and resolutions of the District pertaining to property served by the Distract 12. Indemnification. The.Owner shall indemnify, defend and hold harmless the District, its officers, agent; and employees harmless from all suits, claims or IiabiIities of any nature, including attorneys' fees, costs and expenses, for or on account of injunes or damages sustained by any persons or property resulting from the negligent (sole or concurrent) acts or omissions of the Owner, its agents or employees under this Agreement or m connection with - 13 - • • LUUSUb'1 bUUUD4-4:U1JT work performed under this agreement. If suit m respect to the above is filed, the Owner shall appear and defend the suit at its own cost and expense, and if judgment is rendered or settlement made requinng payment of damages by the District, its officers, agents or employees, the Owner shall pay the same. 13 Contractual Relationships; Assignment. This Agreement does not constitute the Owner as the agent or legal representative of the District for any purpose whatsoever. The Owner is not granted any express or implied right or authonty to assume or create any obligation or responsibility on behalf of or in the name of the District or to bind the Distnct m any manner or thing whatsoever. The Owner shall not assign this Agreement without the pnor written consent of the District. 14. Utility Local Improvement Distncts; Connection of Additional Property. If-any- istnstsenstniets- After conveyance to the District of the Project, additional property may be permitted to connect to it under such terms and conditions as the District in its sole discretion may determine. 15. Time of Essence; Termination for Nonpayment, Notices. Tune is of the essence of this Agreement. If any payment is not timely made by the Owner, this Agreement, or any performance related to the payment, may be terminated by the District at its option upon ten days' written notice to the Owner. All notices and payments shall be made at the fol lowing addresses, unless otherwise provided for in wnting: Val Vue Sewer District 14816 Military Road South P.O Box 69550 Seattle, Washington 98168 International Gateway East In LLC c/o Sabey Corporation 12201 Tukwila International Blvd 4th Floor Seattle, WA 98168 p16 Delay in Completion. The Project shall be completed and accepted on or before — 01 — 2001 . If the Project is not completed and accepted on or before that date, the - 14 - • • zuusuo i euuJD43:vua Owner's nghts under this Agreement shall cease and no sanitary sewer services shall be connected to the Project unless and until the District finds that the Project is substantially under way and the Owner executes a new agreement with the Distnct or the District consents to a renewal of this Agreement Any new agreement or renewal of this Agreement shall be subject to the resolutions, rules, regulations and policies of the District in effect at the time of such new agreement or renewal of this Agreement. 17. No Third Person Shall Have Any Rights Hereunder. This Agreement is made only for the benefit of the District and the Developer and successors m interest and no third person or party shall have any nghts hereunder whether by agency or as a third -party beneficiary or othenvise. 18 Applicable Law, Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any action brought under this Agreement shall be in the Supenor Court for King County. 19. Recordation; Binding Effect. This Agreement shall be recorded in the Records and Elections Division, King County, Washington, and shall constitute an easement and servitude upon the Property, which the Owner warrants it now owns, and shall be binding upon the parties, their heirs, representatives, assigns and successors in interest The cost of such recording shall be paid by the Owner. Upon satisfaction of the Terms & Conditions of this agreement, the property shall be released from this agreement by Recording 20. Attorneys' Fees If the District or the Owner commences any legal action relating to this Agreement, the prevailing party shall be entitled, in addition to all other amounts to which it is otherwise entitled by this Agreement, to its reasonable attorneys' fees and costs, including those incurred on appeal. 21. Amendments. The parties expressly reserve the nght to modify this Agreement, from time to time, by mutual agreement. No modification or amendment of the provisions of this Agreement shall be effective unless in wnting and signed by authorized representatives of the parties. 22. Remedies Cumulative. Rights under this Agreement are cumulative. The failure to exercise on any occasion any right shall not operate to forfeit the right on another occasion. The use of one remedy shall not be taken to exclude or waive the nght to use another. 23 Invalidity of Particular Provisions. Should any term, provision, condition or other portion of this Agreement or the application thereof be held to be inoperative, invalid or unenforceable, the remainder of this Agreement or the application of the term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. - 15 - • • �uusuo'i euuU Qu 24. No Waiver No waiver of full performance by either party shall be construed, or operate, as a waiver of any subsequent default or breach of any of the terms, covenants or conditions of this Agreement 25. Previous Agreements Superseded The terms and conditions of this Agreement supersede the terms, obligations and conditions of any existing or pnor agreement between the parties regarding the subject matter of this Agreement. 26. Entire Agreement This Agreement, including the attached exhibits, contains all of the covenants, promises, agreements, and conditions, either oral or wntten, between the parties. 27. Latecomer Reimbursement. If any property within the area descnbed in Exhibit B, attached hereto and by this reference made a part hereof, is connected to the Project within a penod of seven years from the effective date of this Agreement, the owners of such property, pnor to making such connection, shall pay to the Distract a pro rata share of the costs of the Project, without adjustment for inflation or accrual of interest. Within sixty days after receipt, the Distnct shall reimburse such payments to the Owner, its assigns, or successors in interest. The costs of the Project shall be the total of the costs fisted on the warranty bill of sale for the Project. Pnor to submission of the warranty bill of sale, the Owner shall provide to the District a summary of the costs of the Project, together with copies of invoices and documents verifying such costs. The amount of reimbursement for any connection shall be computed as follows. A prorated portion of the cost of the Protect based on the square footage of the lot to be connected relative to the square footage of all lots that could connect to the project. The duty of the District to reimburse the Owner for sums paid by the owners of such property shall be conditioned upon the Owner's, or its assigns and successors in interest, notifying the District of any changes in name and address of the Owner or its assigns and successors in interest. International Gate East III LLC By Sabey Corporation, Manager By - i r, •ti. ,. �.� By VAL VUE SEWER DISTRICT Its GFO - 16 - ice Chairman/Commissioner • LUU3uo'1 b00U 3ZTTLj STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 3rd day of June, 2003, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn as such, personally appeared James N. Harmon, to me known to be the CFO, Secretary and Treasurer of SABEY CORPORATION, Manager of INTERNATIONAL GATEWAY EAST III LLC, the corporation that executed the within and foregoing instrument, and acknowledged the 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 he was authorized to execute said instrument. WITNESS my hand and official seal the day and year in this certificate first above written. MARY A HALL. STATE OF WASHINGTON NOTARY - -- PUBLIC YY COINISSIOfl EXPIRES 12 -19 -05 Printed N. - . ary A. Hall NOTARY PUBLIC in and for the State of Washington, residing at Seattle My commission expires: 12/19/05 • • Luu.u0'1 oUUU543 u n STATE OF WASHINGTON ) ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that he person who appeared before me, and said person acknowledged thatgned this instrument, on oath stated that k..t -was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such corporation for the uses and purposes mentioned m the instrument STATE OF WASHINGTON ss. COUNTY OF KING ) Dated Notary Public in and for the State of Washuigton, residing at My Appointment Expires I certify that I know or have satisfactory evidence that el sA` o, J)> tV s the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Chairman of The Board of Sewer Commissioners of Val Vue Sewer District to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. Dated 61-7/ 3 eState of Washington, 2 - ).; -07 • • ZUU3U0 J 01.14.1U044 .171-Z STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Fvv,"c .1 L f 4ee , is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authonzed to execute the instrument and acknowledged it as a Secretary and Commissioner of The Board of Sewer Commissioners of Val Vue Sewer District to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. STATE OF WASHINGTON COUNTY OF KING No ary Public in and r the State of W Ivigton residing at ,.44. 'r"", .-•a4$43,,,.. My Appointment Expires . • ;` "„ : tip -Zd**a • rd, 1 + _ and 1 f .'1`^NY• Rio t% ) ) ss I certify that I know or have satisfactory evidence that Jo e CeL ! P_ 11 r, is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authonzed to execute the instrument and acknowledged it as the Vice President and Commissioner of The Board of Sewer Commissioners of Val Vue Sewer Distract to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. Not •.' Public in and fpr the State of Washington, residing at SGg My Appointment Expires "A 1197 7 I: ti ill - l 8- Ti.�.'. 4 Z 4 � • Q �e7 O .t 51 � �.................. • • EXHIBIT B [Legal Description of Lot 8] LOT 8 LVVsV07ouuvP343:17t-4 2003052300243 THAT PORTION OF GOVERNMENT LOT 15 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 10 AND THE SOUTHEAST QUARTER, SECTION 9, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W M , IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS COMMENCING AT THE WEST ONE - QUARTER CORNER OF SAID SECTION 10; THENCE SOUTH 01 °46'02" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF 107.22 FEET TO A POINT ON SAID LINE, THENCE LEAVING SAID LINE SOUTH 87 °33'12" EAST A DISTANCE OF 512.24 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 402.93 FEET, THENCE NORTH 88 °13'58" WEST A DISTANCE OF 616.22 FEET; THENCE SOUTH 32 °09'15" EAST A DISTANCE OF 26.64 FEET; THENCE SOUTH 22 °04'16" EAST A DISTANCE OF 220.58 FEET TO A POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 15; THENCE LEAVING SAID WEST LINE SOUTH 20 °30'45" EAST A DISTANCE OF 471.28 FEET; THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 433 06 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 01 °46'02" WEST A DISTANCE OF 129.92 FEET; THENCE SOUTH 88 °13'58" EAST A DISTANCE OF 321.41 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 367.67 FEET TO THE NORTH MARGIN OF SOUTH 126TH STREET, THENCE NORTH 89°18'50" WEST ALONG SAID MARGIN A DISTANCE OF 100.03 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 89 °18'50" WEST A DISTANCE OF 20.00 FEET TO THE WESTERLY MARGIN OF 34TH AVENUE SOUTH; THENCE SOUTH 01 °4705" WEST ALONG SAID WEST MARGIN A DISTANCE OF 244 07 FEET TO THE SOUTHEAST CORNER OF LOT C OF BOUNDARY LINE ADJUSTMENT NO. 89-6-BLA, RECORDED UNDER KING COUNTY RECORDING NO. 8908161260; THENCE NORTH 88 °48'42" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 277 34 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SR 99, PACIFIC HIGHWAY SOUTH, SAID POINT BEING ON A NON - RADIA L 1860 00 FOOT - RADIUS CURVE CONCAVE TO THE EAST AND FROM WHICH THE RADIUS POINT BEARS NORTH 73 °28'18" EAST, B -1 Seattle-3180220 2 0014354.00021 20030616000543 20030523002434 THENCE NORTHERLY ALONG SAID MARGIN AND SAID CURVE AN ARC DISTANCE OF 134.53 FEET THROUGH A CENTRAL ANGLE OF 04 °08'39" TO THE POINT OF TANGENCY, THENCE CONTINUING ALONG SAID EAST MARGIN NORTH 12 °23'03" WEST A DISTANCE OF 294 34 FEET TO AN ANGLE POINT ON SAID MARGIN; THENCE CONTINUING ALONG SAID EAST MARGIN NORTH 07 °52'07" WEST A DISTANCE OF 229.45 FEET; THENCE LEAVING SAID EAST MARGIN SOUTH 89 °18'1S" EAST A DISTANCE OF 252.04 FEET TO THE POINT OF BEGINNING SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON B -2 Seattle- 3180220 2 0014354 -00021 EXHIBITA [Legal Description of Lot 7] LOT 7 • Luu3U131b000b43.U1b 20030523002431 THAT PORTION OF GOVERNMENT LOT 15 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 10 AND THE SOUTHEAST QUARTER, SECTION 9, ALL IN TOWNSHIP 23 NORTH, RANGE 4 EAST, W M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE - QUARTER CORNER OF SAID SECTION 10; THENCE SOUTH 01 °46'02" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF 107.22 FEET TO A POINT ON SAID LINE; THENCE LEAVING SAID LINE SOUTH 87 °33'12" EAST A DISTANCE OF 512.24 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 402 93 FEET, THENCE NORTH 88 °13'58" WEST A DISTANCE OF 616 22 FEET; THENCE SOUTH 32 °09'15" EAST A DISTANCE OF 26.64 FEET, THENCE SOUTH 22 °04'16" EAST A DISTANCE OF 102.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 22 °04'16" EAST A DISTANCE OF 117.83 FEET TO A POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 15; THENCE LEAVING SAID WEST LINE SOUTH 20 °30'45" EAST A DISTANCE OF 471 28 FEET, THENCE SOUTH 01 °46'02" WEST A DISTANCE OF 433 06 FEET, THENCE NORTH 89 °18'15" WEST A DISTANCE OF 252.04 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO 1, SR 99, PACIFIC HIGHWAY SOUTH; THENCE NORTHERLY ALONG SAID EAST MARGIN NORTH 07 °52'07" WEST A DISTANCE OF 342 12 FEET TO AN ANGLE POINT ON SAID MARGIN, THENCE CONTINUING ALONG SAID EAST MARGIN NORTH 12 °23'03" WEST A DISTANCE OF 455 20 FEET TO THE BEGINNING OF A 1061.00 FOOT - RADIUS CURVE CONCAVE TO THE EAST, THENCE NORTHERLY ALONG SAID MARGIN AND SAID CURVE AN ARC DISTANCE OF 157.80 FEET THROUGH A CENTRAL ANGLE OF 08 °31'17" TO A POINT ON SAID MARGIN AND SAID CURVE, THENCE LEAVING SAID CURVE AND MARGIN ALONG A NON - RADIAL LINE NORTH 79 °36'57" EAST A DISTANCE OF 226.41 FEET TO THE POINT OF BEGINNING. SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON A -1 Seattle - 3180220 2 0014354 -00021