HomeMy WebLinkAbout2008 - Possession and Use Agreement - Wells Fargo Bank - 20080604000330Return Address:
CITY OF TUKWILA
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433-1800
CITY OF TUKWILA
DOCUMENT RECORDING
COVER SHEET
Document Title(s): Possession and Use Agreement
Parties:
City of Tukwila, WA
6200 Southcenter Boulevard
Tukwila, WA 98188
Other: Wells Farao Bank, N.A.
Company Name (if business)
Cornorate Pronerties Group
Address
333 Market Street, 11 Floor
CONFORMED COPY
20080604000330
WLR -DNRP AG 0.00
PAGE001 OF 020
06/04/2008 09:46
KING COUNTY, WA
San Francisco CA 94105
City State Zip
Legal Description: NW1 /4, 36 -23 -04
Assessor's Property Tax Parcel/Account Number(s):
362304 9094 -05 362304 9095 -04 362304- 9079 -04 362304- 9017 -09
POSSESSION AND USE AGREEMENT
PL 84 -99 Tukwila 205 Tax Accounts 362304 -9094; 362304 -9095;
Levee Rehabilitation 362304 -9079; 362304 -9017
PROJECT TRACT OR OTHER PROPERTY
IDENTIFICATION
This Agreement is entered into by and between The City of Tukwila, a municipal corporation of the
State of Washington (the" City") and Wells Fargo Bank, N.A., a national banking association (the
"Owner
RECITALS
The easements shown in Attachment 1 to this Possession and Use Agreement are necessary for repairs
and improvements to the Tukwila 205 Federally Certified Levee under the guidelines for the U.S.
Army Corps of Engineers PL 84 -99 Levee Rehabilitation Effort along the Left Bank of the Green
River (The "Project
Delay in acquisition and construction of the Project is contrary to the public interest.
The City and Owner have not had sufficient opportunity to reach agreement on fair compensation to
Owner for the easements referred to in Attachment 1.
AGREEMENT
1. For and in consideration of payment by the City to Owner of fair compensation, Owner grant
the City possession and use of the easements described in Attachment 1 for Project purposes,
provided that such possession and use must be exercised in accordance with the terms and
conditions of Attachment 1.
2. The parties agree that the Property is necessary for a public use of the City. If the parties
cannot agree as to the amount of just compensation due Owner and the City institutes
condemnation proceedings, the Owners will not object to the City's entry of an Order
Adjudicating Public Use and Necessity, as provided in RCW 8.12.090.
3. The parties agree that if condemnation proceedings are instituted by the City, this Agreement
shall be deemed to satisfy the requirements of a stipulated Order of Immediate Use and
Possession. This Agreement shall continue in effect until said proceedings have terminated
and the subject easement rights are finally acquired by the City.
4. Nothing in this Agreement shall be deemed to waive any right either party may have to a
subsequent adjudication of just compensation pursuant to state law. Neither this Agreement
nor the basis for the payment made pursuant to this Agreement shall be construed as evidence
of or an admission of fair market value or just compensation by either party to the Agreement.
5. The Parties agree that the "Date of Possession" for the Easement shall be the date upon which
this Agreement is executed by Owner and delivered to City. The Parties also agree that the
Page 1 of 19
Dated:
"Date of Valuation" for the Easement shall be the Date of Possession.
6. Promptly hereafter, City shall propose a price for the subject easements to Owner. Such
proposal shall be in writing (addressed to Owner at the address in Attachment 1) and
accompanied by an appraisal or other determination of value prepared by an independent real
estate appraiser with a membership in the Appraisal Institute and at least five (5) years' full
time commercial appraisal experience in the Tukwila area. Owner and City shall thereafter
negotiate in good faith to agree upon a fair price for the subject easements. If the parties are
unable to agree on a fair price within a reasonable time (not to exceed 90 days from the
commencement of negotiations), City shall immediately commence condemnation
proceedings. Owner shall have no obligation to execute or deliver the grant of easements
attached hereto as Attachment 1 unless and until a fair price has been established and paid to
Owner, whether pursuant to negotiation or condemnation proceedings.
7. If condemnation proceedings are instituted, any payment of costs and attorneys fees shall be
governed by the provisions of RCW 8.25.070 and 8.25.075.
8. This Agreement is the complete expression of the terms hereto and any other representations,
whether oral or in writing not incorporated in this Agreement are excluded. The terms and
obligations of this Agreement shall be effective when the Agreement is signed by both the
City and Owner. Time is of the essence of the performance of the provisions of this
Agreement. Waiver of any default shall not be deemed to be a waiver of any other or
subsequent default.
OWNERS: Wells F /go Bank, N.A., a national banking association
BY
BY
CITY:
I�TaMe: r,`A-r,Fr i
Title: 4J e7 N- 4't
Vie:
Title:
The City of Tukwila, a municipal corporation of the State of Washington.
BY
1` (V,/ 3a 1r LAJ
Tit l� Y�Y Ntee:`t� r9 r"
Page 2 of 19
STATE OF WASHINGTON
ss.
COUNTY OF KING)
On this day of i tA A) Q_ 2008, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared
N t r. a G (3 -i c, A) to me known to be the person who signed as
a a, ,t'' `r` of the City of Tukwila, a municipal corporation of the State
of Washington, th't 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
t
mentioned, and on oath stated that t1 Q was duly elected, qualified and acting as said officer of
the corporation, that .0 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
w rn o Fi
Print Name: QVt ts13 m -0
Notary Public in and for the State of Washington, residing at it S-LAnnniall, t4)
My commission expires: f -c'1- I a.,
State of Califo is
County of 1
On i, 3`° ?_DOS before me, perso ty appeared
a- 9
who
proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 signatures) on the instrument the persons), or the
entity upon behalf of which the person(s) 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
Page 3 of 19
(Seal)
l ys741.10, 4
4s
3
i' �i 4 t
ts
.SJDY GONZAIIS
Cnrnr, „ssicn 1667579
Nc °cry i =!J0 C Cc?;;orn:a
San Frar cisco Coun
My Comm E J. In t ?;:r. o
State of California
County of
On before me, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(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 the
entity upon behalf of which the person(s) 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 4 of 19
The City of Tukwila
Department of Public Works
6300 Southcenter Blvd, Suite 100
Tukwila, Washington 98188
Attn: Ryan Larson
ATTACHMENT 1
Recording Requested By and Exhibit A -1
When Recorded Mail To: Reference City Ordinance No. 2200
EASEMENT
Grantor(s): Wells Fargo Bank, N.A., a national banking association
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 6 13, hereinafter called Exhibits A E.
Assessor's Tax Parcel ID 362304 -9094; 362304 -9095; 362304 -9079; 362304 -9017
Project: Tukwila -205 Levee
THIS AGREEMENT made this day of 2008, 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
Grantor(s), in consideration of mutual benefits and other valuable consideration, 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
Page 5of19
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.
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.
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.
A map showing the location of said easements is attached 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 use their best efforts to minimize disruptions to business activities on Grantor's
property (including access to said property from public streets) during the course of all 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. Army Corps of Engineers levee standards for operation
and maintenance.
Page 6 of 19
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
Temnorary 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. 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
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
Page 7 of 19
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. Moreover, after completion of all Work, nothing herein shall preclude Grantor's
installation and maintenance of Landscaping and related improvements within or over the
Perpetual Easements 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
llth Floor
San Francisco, CA 94105
MAC# A0109 -111
Attn: Lease Administration
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.
Page 8 of 19
The City of Tukwila
Department of Public Works
6300 Southcenter Blvd, Suite 100
Tukwila, Washington 98188
Attn: Public Works Director
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:
Name:
Title:
GRANTEE: The City of Tukwila, a municipal corporation of the State of Washington
By:
Name:
Title:
GRANTEE: The King County Flood Control Zone District, a quasi municipal corporation
By:
Name:
Title:
Page 9of19
State of California
County of
On
appeared
who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her /their authonzed
capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) 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)
before me, (here insert name and title of the officer), personally
Page 10 of 19
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day of 2008, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the person who
signed as of the City of Tukwila, a municipal
corporation of the State of Washington, 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 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.
STATE OF WASHINGTON
ss.
COUNTY OF KING
Print Name:
Notary Public in and for the State of Washington,
residing at
My commission expires:
On On this day of 2008, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the person who
signed as 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 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.
Print Name:
Notary Public in and for the State of Washington,
residing at
My commission expires:
Page 11 of 19
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 °2T49" 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 12of19
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 the North 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 13 of 19
PARCEL D:
That portion of Goverment 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 14 of 19
PARCEL E:
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
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 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 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 arc 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 15 of 19
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 16 of 19
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 comer 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 south 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 comer 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 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 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 arc 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 17 of 19
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 O1 °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.
Excepting therefrom, the north 20 feet.
Page 18 of 19
Tukwila 205: Site 3 Easements
Temporary Staging and Work Area Easement
Permanent Levee Easement
Permanent Access Easement
Parcel Boundaries
Immwr
4
7S 0 75 150 Feet
3623049095
3623049094
i
EXHIBIT E
r
Page 19 of 19
3623049079