HomeMy WebLinkAbout1996 - Easement Agreement - Home Depot / Costco - 9608130150
Recorded at request of
awl return to: 9608130150
/
.lane Rakay Nelson
LANE POWELL SPEARS LUBERSKY
1420 Fifth Avenue, Suite 4100
Seattle, Washington 98101
EASEmENT
AGREEMENT 96081130150
{Saxom Drive/Tukwila)
This Easement Agreement ("Agreement") is made and entered into as of
, 1996, by and between HOME DEPOT U.S.A., INC, a Delaware corporation
("Home iii pot"), and COSTCO WHOLESALE CORPORATION, a Washington corporation
( Cost'co')
RECITALS
A. Home Depot is the owner of the real property legally described on Fah
attached (the "Horne Depot Property").
B. Costco is the lessee pursuant to that certain Amended and Restated Lease
Agreement dated as of September 1, 1994, as may from time to time be amended (the "Ground
Lease") between Costco as lessee and:PAUL AND ELEANOR SADE, AS TRUSTEES OF
THE PAUL AND ELEANOR SADE 1985 TRUST ("Lessor") of the real property leery
described on Exhibit B attached (the "Costc) Property").
C. Costco and Home Depot desire to enter into this Agreement to grant access,
ingress and egress ta, from and on Saxon Drive, a private mad located on the Costco Property
and used by Costco, its invitees, agents and to Home Depot, its invitees, agents; successors and
assigns and the owners of the Home Depot Property and their invitees, agents, successors and
assigns.
• DIN 1
For good and 'valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1- Pegnitions.
"E'as Ment° shall mean the non-exclusive easement granted under Section 3.1 below.
HINCOSICO/EASEMENT
LPSEA1 gwoivarr oaDgpM18537Txrr.ac3r
EXCISE NOT REQUIRED
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"Easement Area" shall mean the portion of the Costco Property subject to the went.
"Properties" sball mean the Home Depot Property and the Costco Property collectively.
"Saxon Drive" shall mean that private road legally described on Exhibit G and depicted
on the drawing on Exhibit D.
2. r, onstr icJonObligations.
Costco shall contract for the widening and upgrading of Saxon Drive in accvndaece with
plans and specifications prepared by Barghausen Engineers, which have been approved by the
parties_ Costco shall solicit bids from three contractors and 01s11 choose the lowest bid, unless
the parties agree otherwise. Once the work is completed, Home Depot shall reimburse Costco
for 50% of the cost of such work within thirty (30) days after receipt of an invoice thereof.
Home Depot shall pay for the curb cuts and the fence work along the boundary tine between
Saxon Drive and the Home Depot Property in a manner approved by Costco.
3. Easement.
3.1 Easement. Costco hereby grants and conveys to Home Depot, for the benefit of
Home Depot, its employees, agents, contractors, customers and invitees, and the Home Depot
Property, a nonexclusive easement in, to, over and across Saxon Drive for vehicular (including
service vehicles) and pedestrian ingress and egress, access to the public streets, and over and
across Saxon Drive.
3.2 Prohibition Against Granting Easements. Costco sh211 grant uo other easements
of the type set forth in this article with respect to Saxon Drive other than easements required by
law or any governmental entity. Horne Depot shalt have no right to giant any easements
whatsoever with respect to Saxon Drive for the Costco Property_
3.3 ] . This Easement and the terms and conditions of this Agreement shall
commence on the date of recordation of this Agreement in the land records of King County,
Washington, and shall expire on August 31, 2014, which is the expiration date of the Ground
Lease or any earlier expiration or termination of the term of the Ground Lease In the event that
Costeo exercises its options to extend the term of the Ground Lease, then the tem] of this
Easement shall be extended for the same number of years. In the event that Costen exercises
us right to purchase the Costco Property, then the term of tbis Easement shall be perpetual.
4. Maintenance.
4.1 Maintenance of Saxon .Dive Easement. Costco shall, at all times during the
time of this Agreer/tent, maintain and repair Saxon Drive and keep it in good condition and
repair. clean, free of rubbish and other hazards to persons and vehicles using such area, properly
lighted, striped and landscaped. The minimtun standard for maintenance of the Easement Area
shall be comparable to the standard of maintenance of paved surfaces followed in first class
rmrcosrco ENr
LPSEA. K;1CG1tiRNLHOMEI}HPOE18517JRR/CM
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developments in the state of Washington and in compliance with all applicable governmental
laws, rules. regulations, orders and ordinances.
4.2 Certain U .: v=1 : i cgitesponsibillisi. The maintenance and repair obligations
shall include, but shall not be limited to, the following:
(a) Paved pnrfacPs. Maintaining, cleaning and replacing all paved surfaces
and curbs in a smooth and evenly covered condition; such work shall inchide, without limitation,
sweeping, restriping, resealing and resurfacing.
(b) Debrisand Refits_ Periodic removal of all papers, debris, filth, refuse.
ice and snow, including sweeping to the extent necessary to keep the Easement Area in a
Wit -class, clean and orderly condition. All sweeping shall be at appropriate intervals during
such times as shall not interfere with the conduct of business or use of the Easement.
(c) Sign aattl 1V arkers. Placing, cleaning, keeping in repair. replacing and
repainting any appropriate directional signs or markets.
(d) I agh#ing. Maintaining, cleaning and replacing lighting fundi[ es, including
lamps, ballasts and lenses.
(e) Qom. Keeping the Easement Area free from any obstructions.
(f) Siders. Maintaining, cleaning and replacing of all sidewalks.
Sidewalks shall be cleaned and swept at appropriate intervals during such time as shall not
interfere with the conduct of business or use of the Easement.
5. rtarnage to Easement. In the event of any damage or destruction to the Easement Area,
whether insured or uninsured, Costco shall restore, repair or rebuild Saxon Drive with all due
diligence as nearly as possible to at least as good a condition as it was in immediately prior too
such damage or constriction. All work shall be performed in a good and workmanlike manner
and shall conform to and comply with:
Home Depot;
(i) the plans and specifications prepared and approved by Costco and
(ii) all applicable requirements of laws, codes. regulations and rules;
and
(iii) all applicable requirements of this Agreement.
(iv) all such work shall be completed with due diligence,and at
Costco`s sole cost and expense.
6. Self - gyp. In the event that Costco fails to maintain the Easement Area, then Home
Depot may, after thirty (30) days prior written notice to Costco specifying the nature of such
1iD+cOStcorEA.SEMff
LPSEAI KtCGIURInHOMBDEPauss37IRNAOM
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FINAL
Facsimile: 714-526-8593
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failure, enter upon the Easement Area and perform the maintenance set lvtih m said notice, and
Home Depot shall not be liable or responsible to Costco for any losses or damages susta ed by
Costco or anyone claiming by, through or under Costco, other than in connection with the
negligence of Home Depot. The reasonable cost of such maintenance shall be paid to Home
Depot by Costco within thirty (30) days of receiving an invoice therefor. In the event of an
emergency. Hone Depot may perform under this Paragraph without giving any prior notice to
Costco, but shall attempt to give prior oral or written notice if reasonable under the
circumstances.
7. G oral Provisions.
7.1 Indemnification. Home Depot shalt indemnify, defend and save Costco and
Lessor harmless from and against any and all demands, liabilities, damages, expenses, causes
of action. suits, claims and judgments. including reasonable attorneys' fees arising out of or in
any way connected with any act, omission or use of the Easement, or other entry onto the
Costco Property by Home Depot, or the invitees, licensees, concessionaires, agents or employees
and to:
ElD/COS/C0.1EASEMENT
LPSRA1 lC.'1C OLURNIHOME[7EPo1i&Snrnx_+cM FINAL
FOSTER PEPPER & SHEFELMAN
1111 Third Avenue, #3400
Seattle, WA 98101
Attn: Gary E. Filthier
Telephone; 206447-8896
Facsimile: 206-447-9700
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Home Depot: HOME DEPOT U.S.A., INC.
AGC Center
9450 SW Commerce Circle, Suite 325
Wilsonville, OR 97070
Attu: Jim Lyon
Telephone: 503-682-7592
Facsimile: 503-682-9857
and to:
and to:
HOME DEPOT, U.S.A., INC.
601 S. Placentia
Fullerton, CA 92631
Attu: Daniel R. Hatch
telephone: 714-526-8558
Facsimile: 714-526-8593
LANE POWELL SPEARS LUBERSKY
1420 Fifth Avenue, Suite 4100
Seattle, WA 98101-2338
Attn: Jane Ralcay Nelson
Telephone: 206-223-6249
Facsimile: 206-223-7107
or to a party at any other address specified pursuant to this section.
7.3 Entire Azreement Modifications. The terms of this Agreement constitute the
entire agreement between the parties regarding the subject matter described herein. No
modification to this Agreement drat) be binding unless in writing and signed by the parties.
7.4 Severability. If any provision of this Agreement shall be held illegal or invalid
by any court, this Agreement shall be construed and enforced as if such illegal or invalid
provision had not been contained herein and this Agreement shall be deemed an agreement of
the parties hereto to the full extent permitted by law. If any provision shall be declared invalid
or unenforceable because of its breadth, scope or duration, such provision shall be deemed
modified to the extent necessary to make it valid and enforceable and shall remain in full force
and effect as so modified, or if not so modified, shall be severable from the rest of this
Agreement.
7.5 Assignment Neither party may assign any of its rights or delegate any of its
duties pursuant to this Agreement without the prior written consent of the other party.
7.6 Waiver. The failure of either party at any time to require performance of any
provision hereof by the other party shall not be deemed a waiver and thereafter shall not deprive
that party of its full right to require such performance in the particular instance or at any other
time. Any waiver must be in writing and signed by the waiving party.
lasrcc/5ASEMENT
LPSEAI K-ICGIURN►1OMEDEPOUJIMI 7RN.AGM
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FINAL
7-7 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington and venue shall be in King County,
Washington.
7.8 AtturneW i[ es. In the event of any dispute. action or proceeding arising out
of, relating to or otherwise aff%ng this Agreement, the prevailing party shall be reimbursed
by the other party for all reasonable costs and expenses, including attorneys' fees, incurred by
the prevailing party in connection therewith (whether suit or other proceeding is commenced or
not, and at trial, on appeal, in administrative proceedings or in bankruptcy, including witicout
limitation proceedings in bankruptcy with respect to relief from stay, allowance of a claim,
confirmation of a plan of reorganization and similar matters).
7.9 Reasonableness. Whenever the consent or approval of a party is required under
this Agreement, it shall be given in a timely manner and shall not be unreasonably withheld.
7.10 Indepfpgent Contractors. s. Nothing contained m this Agreement shall be
construed or implied as creating a partnership, joint venture or similar relationship between the
parties and the parties shall be deemed independent contractor of the other. Employees and
agents of each party who perform the services pursuant to this Amt shall not be construed
to be employees of the other party, and neither party shall be responsible for the salaries or
expenses of the other party except as provided in this Agreement.
7.11 Section norms. Section headings are inserted for reference only.
As nequired by the tet, all pronouns shall be deemed to icier to and include masculine,
feminine, neuter, singular and plural.
7.12 Coua . This
t pazts agreement may be executed in two or more counterparts,
each of which shall be deemed an original and all of which together shall constitute the same
agreement, whether or not all parties execute each couuterpart.
tr) 7-13 Sues. This Agreement shall inure to the benefit of and be binding upon the
parties hereto, their heirs. personal representatives, successors and assigns, and upon any person
Qacquiring the Home Depot Property or Costco Property, or any portion thereof, or any interest
— thin, whether by operation of law or otherwise,
7.14 Defaults. In the event any party fails to perform any provision of this
Agreement, which failure continues for a period of thirty (30) days after receipt of written notice
specifying the particulars of such failure, such failure shall constitute a default and any other
party may thereafter institute legal action against the defaulting party for specific performance,
declaratory or injunctive relief, monetary damages or any other remedy provided by law;
provided, however, that the defaulting party shall not be deemed to be in deft ult if such failure
to perform cannot be rectified within said thirty (30) day period and such party is diligently
proceeding to rectify the particulars of such failure. The foregoing shall be in addition to auy
other remedies expressly provided for in this Agreement. Anything in this Agreemem to the
contrary notwithstanding, no breach of his Agreement shall defeat or render invalid the lien of
any mortgage or deed of trust made in good faith for value, but this Agreement shall be binding
HnICOsZeo/EnSEMENr
LPSEA1 KAcctvRNWOMEDEPorta53718.rr.AGM
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upon, and be effective against, any party thereto whose title is acquit by foreclosure, trustee's
sale or otherwise. Any pays required hereunder which are not paid when doe shall bear
interest at the rate of 12% per annum,
7.15 Easements. The Easement and each term, covenant, contrition and agement
contained herein respecting the Costco Property shall be a burden on Costco's leasehold estate
in the Costco Property, shall be appurtenant to and for the benefit of the Home Depot Property
and each part thereof, and shall tun with the land. Upon the termination of Costco's leasehold
estate in the Costco Property for any reason, the Easement and each tern, covenant, condition,
and agreement respecting the Costco Property contained herein shall thereupon terminate and
be of no further forte or effect. Eacb term, covenant, condition and agreement respecting the
Home Depot Property shall be a burden on the Home Depot Property, shall be apputtenaut to
and for the benefit of the Costco Property and each part thereof and shall tun with the land.
FID/COSFCOMASE LF q
LPSEA( K.ICGtVRN1 1014E,D$ppUF537FRN.AGIA
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COSICO WHOLESALE CORPORATION
HOME DEPOT U.S.A., INC.
By:
Name: Daniel R Hatch
Its: Senior Corporate Counsel - Real
Estate
MAE
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to
upon, and be effective against, any party thereto whose title is acquired by foreclosure, trustee's
sale or otherwise. Any paymems required hereunder which are not bald when due shall bear
interest at the raze of 12% per annum,
7.15 E The Easement and each term. covenant, c ondi:Ion and ragreentent
contained herein t1oting the Costco Property shall be a burden on Costco's leasehold estate
in and e Costco PzzopeRY, shall be appurtenant to and For the benefit of the Home Depot Property
each part thereof, and shall ram with the land. Upon the termination of Caatco's leasehold
wrote in the Coleco Property for any reason, die Easement and each tin, covenant, condition,
and age =pectins the Costco Property con herein shall thetuupoa terminate and
be of no further ftp or effect. Each teen. covenant, condition and agreement respecting the
Home Depot Pn,perty shah be a burden on the Home Depot Property, shalt be appurtenant to
and for the benefit of the Costco Property and each part thereof and shall run with the lard.
7
X.-�eo aM,oMEDEa'ouatrulot
COSTCO Oil CORPORATION
Bye
Name:,
HOME DEPOT U.S.A_, INC.
Daniel R. Hatch
Senior Corporate Counsel - Real
Estate
FIRM.
TOO/ 8000Z
Bt: i t ss/zz/.cv
Consent by Lessor:
The undersigned, Lessor, executes this agreement for the purpose of acknowledging
and consenting to the easement granted herein for the term set forth herein, without liability
for, or agreeing to perform, any of the terms and conditions hereof.
PAUL and ELEANOR SADE 1985
TRUST
• By;
:'—_—
.Na:ePaul Sade
Its: 11-nstee
By; s e n
Name: Eleanor Sade
Its: Trustee
Consent and Nondisturbance by ceder: -
8 ;
KINCOSICOJEMEmENT
FINAL
LPSEA1 K.-ual1VM
RHOME7]EP011.8337QRN.AGM
STATE OF GEORGIA
) SS:
COUNTY OF iYoilia.6
On a�s�tre
' , 1996, before e, Uig' k i L ). i3 L., a Notary Public
in and for said state, personally appeared J. Michael Welborn, as
Vice President of The Prudential Insurance Company of America, a
New Jersey corporation, personally known to the (or proved to me on
the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument, and acknowledge to me that he
executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
Witness my hand and Notarial Seal.
U.ILAL: 4yLL.e___
Signature of Notary Public
fithat.my commission Eaires:XR°°�MA Goorsda.
ITImwmagmy.baaryleAssa
County of Residence: K.
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STATE OP CALIFORNIA
COUNTY OF ORANGE
Onfil 1996, berme me, �lia a Notary Public in and for said
state, perronnli ap DANIEL R. H
on the basis of , personally lawn no me (or proved to me
instrument, aud� evidence} to ba the person whose sue is subscribed to the within
kd to me that he a ecuted the same In his authorized
and that by his signature on the instrument the person. or the wry'
person acted, executed the instrument.tY which the
W1TN SS =RY hand and official seal.
IG
ta,
OF NOTARY
(SEAL)
STATE OF CALIFORNIA
cOiJNrr of
)ss.
9
Subscribed and sworn to before me an
levCOITOWIIMBHatir
LPSSAI KneGlUINIIIONEDSIKAtamititActm
8t00r4ree t
NOTARY PUBLIC !br the State of Califocaia,
residing at
My appointment wires:
PrNAL
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CALIFORNIA AL L`PURPOSYACKNOWLEDGMENT
-N a`..AN
p
r.:
s
State of
County of / 0;../X/T
On Ar."277‹�,9>'G
o�
personally appeared
before me,� ./147.Pa r%
personally known to me – OR -
Mum ano We of Coway rro Co.) Nobs
Narno(a) or Signor(l)
roved to me on the basis of satisfactory evidence to be the person
whose narneWlsitgaubscribect to the within instrument
and acknowledged to me that helshe g xecuted the
same In hisib - .‘12:110 thorized wan; that by
his/her gnature=ii the Instrument the perso s
or the entity upon behalf of which the persocted,
executed the instrument
WITNESS my hand and official seal.
Aftedire
OPT10NAL
Sigratao or Notary Pubic
Though the inrarmatlan below Is not re:lilted by lax, 1t mayprove valuable to persons ralying on the doramient and azdd prevent
fraudulent removal and reattachment of this form to another documenL
Description of Attached Document
Document Date:
0:9'; �1' J �� Number of Pages: __if
Signer(s) Other Than Named Above:
CapaCity(ies) Claimed by Signer(s)
c
Signers Blame:/��
g§ = Individual
A Q` Corporate Officer
Title(s):
¢ C Partner -- ❑ Limited = General
E Attomey-in-Fact
g Trustee
Guardian or Conservator
i= Other_
a'
Signer Is Representing:
O leas NRoonae NOiviAs%cOhion • mew na¢.nal Are., Q0. Bar 71B4 - — al
Canoga Fade CA a 13cs--,Ba orae. Na sso;
Signer's Narne:l�/'
C Individual
0 Corporate Officer
ritle(s):
_ Partner — LI Limited 0 General
Attorney -in -Fact
Trustee
1 Guardian or Conservator
0 Other.
Signer Is Representing:
7T Mai
AIG1frTFJr.,NFfii7�7
OF E.1.5.!1
R.ozdor Ca67on.F,ee :400-e7B.oa27
•
STATE OF GEORGIA
)ss.
)
COUNTY OF FULTON
On this day of
1996, before me personally appeared
of The Prudential Insurance, to me known to be the
Company of America, that executed the foregoing instrument and
acknowledged said insert 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.
INgArY i
L1YPe or Mot Name ai Notary]
NOTARY PUBLIC for the State of Georgia,
residing at
My appointment expires:
STATE OF WASHINGTON )
COUNTY OF KING ) ss.
)
On this a25" day of U L& L 1996, before me
personally appeared
of Cnstoo 'Wholesale Corporation,, 1O tak known to be the tiJ P.
that executed the foregoing instrument and acknowledged d
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
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LPSFp.l IKK\CGtuRN1HOMEDEPph las3lJRN_AGM
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CLQ` -z-7 L6. wink
eitx, Gl_ 3G jerKa5k , rr't L�
DYPeor hint Nary¢ ottkeiun
NOTARY PUBLIC for the State of
Washington residing
at:.1 i.t.t)vtio
My appointmentes:
1 c)/'q/
FINAL.
EXHIBIT A
Legal Description to Home Depot Property
Lots A, B, C and D of City of kwila Short Plat No. L-94-0055, according to
the short plat recording under King County Recording No. 9512269001. situate
in the City of likwila, County of King, State of Washington.
PaR�I" A•
Legal Description of the Costco Property
- lbat portion ef[,ovcttinlaat 1.0t 1 of Section 3S and
Goverment Lot 1 of Sccden 3S and 4oYerntn nt Loc 8 of Section 75 and that
Portion of the southeast quarter ofrhesogthaastquarterofSection
26, 1a Township 23 North, Range 4 t?ast; W..L, fn 1Cmg Colony,
Washington descried ns foIIows;
Seung atthhrtortbeast corner ofsaidGovernment Lot 1 of
thence 8011th 0161910 in west along the east line Of Gay ctJ..o 1
of said Station 35 a dime of 82.18 fedi! the true point of
beginnirc
thence rtar 88°08'21" west at dike 01'167.24 ti:et;
thence aolth 01°51139" testa distance of MSS fbct;
thence north 01°47'29" east a distance of 5I5.60 feel;
thence
i nit: along a carve to she right taring a radius of 300.00 feet;
distant of 99.43 feet through a centrad ogle of t 8°59'26' ;
thence south 88412131" east a distance of 723..2 feat;
thence touch 01°47'29" west a distance of 471.61 foot to the west
margin oi'the lames Christensen. Road;
thence sous t3024'21" west along sold west margin a distance of
60.08 feet;
thence south 07°32"21" west along said west margin adistance of
thence north S8°Q8'21" wog cUstsnce of526
22 feet to the true point of heg;nning.
TOGETHER WITH a peanaltent and hrevocalyie tton.exclusive; memant
the east lin
over the 8 described 30 foot trip of lend, oomrnentiaght :4
t of Andover Park East,proceeding easterly to the
cast thine ofthe grantee% (Pam A) Prom% said 34 foot
strip
of laud Lc dewed as fbliows:
Tharpottiou of the southeast gaarterofthesoutheast quarter of
Section 26 and Governments Lot 8:of Section 25 all in Township 23
Nertkitango 4 East` W.M,, Inose aty of7ltkwlis,
King County,
Washington, described as foam:
Begianhig az the southeast quartet'of Sectionutheast conrr oPrxid Sattth gny�er etc
thence north 87'44'08" west Wong the south tune ofsaid southeast
quartetofthe southeast queer of Section 26 a distance of 166.45
feet
thence north 01`4729" east a distance of 515.60 i'eet;
thence along a curve to the tit having a radios of 300-00 feet,
'rc distance of99.43 feet through a casual angel of 18°59'26"
to the true point of beginning;
thence north 88'12'31" west a diswaie of257.91 fat to the
easterly t1ught of Andover Park Em
thence along said easterly margin along a mew:to the right
die fwhlelubears south ?1'29'ol"--easthnvi a radius of
ou � feet, $a arc d taaee of 24.33 j to a point bf revecso
RIVConi:OrsAsEIMENT
LPSE1tK100►rRr�nttot tmoePottttrnittttiaea
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time* along a cw,ve to the lett having a radius of 330.00 feet,'
as arc distance of 11.46 feet;
thence semi 881213I" east a distaocc 00 7043 heel;
thence oath 0l94T29"wcct a distance or30.0o feet to the north.
mit corner arta above described parcel;
theneenorth 88°12'31" west alortgihe north line of the above
described parcel a dstarlct of 72322 feet to the true paint of.
beginning.
That portion of Government Lot I in Scctfert 35, Tovmabip 231rreut6,
Range 4 Eta, W.M., In by City of litkwilc, King County, Wastdristca,
described as follows:
Beginning at The northeast corner of said Government Lot 1 of
Section 35;
theme south 01°I91I" vrt along the cast lino of said Government
Lot 1 a distattCt of 8238 fa:14
thence notch 8890871' west a distance of 167.24 feet to the true
point of beginning;
_
thence'sontinuing north 88°081tD west a
to die east line of Andover Pa : East; distance of 253.b0 feat
thence north 01°31'39" cast along said east !Inca distance of 48.06
feet;
thence swath 88'08'21" east a distance of 253.00 feet t4 the west
line of Parcel 4A";
thence south 011'51'34" west along said west line a distance of
48.00 feet to the nue point of beginning.
RangeThat portion otGove truant Lot 1, in Section 35, Township 23 North,
age 4 4 East, VIA-. in
to BE ai the K1 Cranny,Wa'bi b, described as follows:
northeast corner of said Govetttmeat Lo t 1,
thence north 11r:war west along the north line thereof 166.45.
rn
5 feet tothe centerline ofC.MS7_1'&PRA R/areaSem
. thence south 1°51'39" west along said oeaterliae 83.55 easement;
t
8 thence north 88`08'21" west 253.00 feet to tlha enc point of
..3 beginning of this dcscaiption;
CT'
Arnim
thence south 88908'21" but226_00
thence south 865'1$" west 211.95net;
thence south37°43'51" west 25 feet to a point from which an true
pointofbeginning beam north 1'51'39"cast;
thence north 1'S1'39" east to The tmepaint ofbegiarting.
AT TT\TA_TT/.
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ExErEBIT c
Legal Description of Saxon Drive
M that certain real Aropetfy�l�rate fn�gEmco
ltflag at erta iaela r rporated Territory of the City of T
GavamrnanE EAI: f portion of the G�mment Lat 1(portion of ttte Northeast icing city, Site of
Government
n Medi itlori of the Northwest Quarter} of Section 35, Township o. Ran art 35 as,
described as Wows:
P 23 North. Range 4 Easy
A Hon -exclusive EASEMENT for access (ingress end egress) purposes, in, on, ever, cinder,
across a strip of land described es fcilotw , through and
Commencing at the moors Cameo ca
of Survey forgHorne D: nen to Sections 25, 28, 35, end 38 as show on that
of 9 r.iey oQ07 epot U.S.,USInc., fled in Sflok 98 of Surveys, Pagecertain RecordFile
1Qrrg County Records; 124 under Pile
THENCE Sous he 01°51`30''orth trte of saki Government Lot 1 of Section 35, ° ,
West 83.55 feetNorth $� Yr
TINGE along the North � 44'a@ West 167.47 feet;
TU t c at Pages rth ruse of A of City of Tukwila Short Plat N. t
83°00'21" urvay 5 s 9. 9A, & 98, under Recorders File No: 9512269 1, -King Co tiled a Bock ia7 o f
East 39.69 feet, to the TRUE PO3NTOF BEG County Records,' Settt}�
THENCE continuir�q eking the Noll (ire �f 'Cat b• ofBEGINNING of herein d66crib2d strip of Land;
Book 107 of 6uveys, at Pages 9, 9A, & 98 under Recorder's Flle No. 9512299001, feting
South Bg°08' 32• E88� 853.82 feet';, to the Wes 11 City of Tutny>ya Shoff Pj�t �lq, L-s4�o0S5, fled ]n
• Avenue18 08' 2" E t try line of Jamas Christensen Road Oleo known Records, 70th
County Records m deed to IQ
corrrtiy acrd recorded under Recorder's File No. 1639561, King
THE=NCE along said Wesfetiyline North 07°38' 20" East48.23feed
THENCE Parallel with and 48.40 feet Northerly from said North(ire of `Lot D'
' North 88° 08' 2t"W*st 642.63 feet of sats short plat No. 1.4055,
3%iEldCE North 81° 27' 41" West 55:91 feel, to the centerline of the raHroad fi ht-oF d
Recorder's Fire HQ. 7407120562. King County Reprds:
THENCE continuing North 81.27' 41` West 18.93 feet; -w described
THENCE South 86'14' Sa` West214.10 feet teapoint of curvatura;
THENCE Westerly and )Northerly atortg the arc aria
n Center angle of 95•35`.-44` Wan cttr to the right havinga radios of 21.05 feet, through
t teNCE South Oi °51' 39w W erc.feet h of 35.13 fe81:tO the East Grte of,grzdaye; Park Faso
THENCE North 46.39' qqa est 12.9.69.feet said East Gne; .
East6. 1 feet to 2Pokt of curvature;
THENCE Northerly and Easterly along -the arc Of a curve to the d
a central angle 0f 89°12' or and en or length of 63.25 feel: fight having a radius of 44,09 feet, through
THENCE morns 75°ESS 49" East 27.:19 feet:
THENCE North 88°2r 58 E st235.12 feet to the TRUE PAINT OF BEGINNING,
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L. No. 282304-8083
Peel & Eleanor Sods 1988 TRUST
"PARCEL A" Roo. No. 6909/0646
1.'1‘11.111111: INA
Aline ?11v
9608130150
69.3.41'
HOME DEPOT U.S.A., INC
TAX LOT No. 382904-9101
LC'T D, S,P, L-94-0055
PORTIONS OF THE NE. 114 OF SECTION 35
& THE NW. 1/4 OF SECTION 36
Townehlp 23 North, Range 4 East, W.M.
City of TUJKWILA KING County WASHINGTON
TI In:
EXHIBIT MAP
EASEMENT PLAN
For:
THE HOME DEPOT
801 SOUTH PLACENTIA
FULLERTON, CA 82831
CONTACT: Tr. (1I4) 139-6200
IB215 ?SAG <.T1k1 1.0101
ISNr, a 93012
(I08;051-622/
(2)1 0762 ,SX
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