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HomeMy WebLinkAboutPermit PL11-040 - SEGALE BUSINESS PARK - BOUNDARY LINE ADJUSTMENTSEGALE BUSINESS PARK 18200 ANDOVER PARK W PLI 1-040 LII-030 BOUNDARLY LINE ADJUSTMENT - JURISDICTIONAL 20080604000332.001 Recording Requested By And When Recorded Mail To: The City of Tukwila Department of Public Works 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Attn: Ryan Larson !APR 2 10111 _ ,1 �1 r4- COMMUN:TI l� ,L 'PG uez a-4- p (add_ k rr ¢' r.���pp re t r15't &' c -17 O-► L. • DEVELON:Ei,IT �1111 OI4100l�32 PAGE001POF 015 EAS 0.00 06/04/2008 09:46 KING COUNTY, WA EASEMENT AGREEMENT Grantor(s): La Pianta LLC, a Washington Limited Liability Company 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 of the State of Washington Legal Description (abbreviated): Ptn. of Lot 4, BLA 93-0085, Recording No. 9311301961; Parcel B, BLA L99-0008, Recording No. 9906099010; and Parcels A, D & E, BLA L02-029, Recording No. 20021007900001 Additional legal description on page 10, hereinafter called Exhibit A. Assessor's Tax Parcel ID#: 3523049015, 3523049018, 3523049019, and 3523049121 Project: Tukwila-205 Levee THIS EASEMENT AGREEMENT (this "Agreement") is made as of the ____." day of rr1 j , 2008, by and among La Pianta LLC, a Washington limited liability company, hereinafter called "Grantor", 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 of the State of Washington, each hereinafter called a Grantee and both hereinafter collectively called "Grantees". RECITALS A. Grantees have certain legal responsibilities with respect to the repair, maintenance and reconstruction of the Tukwila 205 Flood Control Project located in the City of Tukwila, Washington (the "Project"). B. Grantor owns certain real property located adjacent to the Project. C. The parties desire to enter into an agreement to create certain easements for the inspection, repair, maintenance and reconstruction of the Project as described and subject to the terms and conditions set forth below. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant of Easements Grantor hereby grants and conveys to the Grantees, their successors and assigns easements (the "Easements"), subject to the terms and conditions set forth in this Agreement, under, over and upon those limited portions of the real property described in Exhibit A (the "Property") which are more particularly described in Exhibits B, C, and D attached hereto and by this reference made a part hereof, situated in King County, Washington, all for the specific and limited purposes set forth below: EASEMENT 99999-2033 /LEGAL 14316665.1 PAGE 1 • 20080604000332.002 1. Flood Protection Easement. A perpetual right and easement in favor of Grantees in the land described in Exhibit B to construct, maintain, repair, operate, patrol and replace a flood control structure, including all appurtenances thereto ("Flood Protection Easement"); reserving, however, to Grantor, its successors and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired. 2. Access Road Easement. A perpetual easement and right- of-way in favor of the Grantees for ingress and egress for the sole purposes of inspection, repair and maintenance of the Flood Control Project in, on, over and across the land described in Exhibit C (the "Access Road Easement"); 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 Grantor, its successors and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; this grant of easement being subject, however, to all easements, reservations, covenants, conditions and restrictions of record. Grantees acknowledge that the Access Road Easement Area, as described in (b) below, is currently paved to within a few feet of the Flood Control Project and is used for ingress and egress for nearby commercial buildings. Accordingly, Grantees and their employees, contractors and agents, shall not park vehicles or store equipment on the Access Road Easement Area. (a) Grantor reserves the right to relocate the Access Road Easement from time to time so long as the substituted site is of reasonably comparable size and is suitable for the purposes of this easement. (b) Except in cases of emergency, Grantees shall give written notice to Grantor of its intent to enter onto the Access Road Easement Area (as that term is defined below) no less than forty-eight (48) hours prior to each entry in order to allow Grantor sufficient time to remove any vehicles and other property of Grantor or its tenants that may be present within the easement area. In cases of emergency Grantees shall give such notice as may be reasonable under the circumstances. (c) The Access Road Easement shall be located in the area of land described and depicted in Exhibit C (the "Access Road Easement Area"). (d) Promptly after the exercise of this right to enter onto and use the Access Road Easement, Grantees, and each of them, and their respective employees, contractors and agents, shall restore the surface of the Access Road Easement to the condition existing prior to the entry, shall repair any damage occasioned by its or their entry onto and use of the Easement, and shall leave the Access Road Easement Area in good, neat, clean and safe condition. 3. Temporary Work Area Easement. A temporary easement and right of way in favor of Grantees in, on, over and across the land described in Exhibit D from the date of this Easement Agreement through December 31, 2008, which date may be extended as mutually agreed to by the parties to allow completion of the levee rehabilitation repair construction for Project Job No. GRE-3-07, for the purpose of a work area (the "Temporary Work Area Easement"), including the right to EASEMENT PAGE 2 99999-2033/LEGAL14316665.1 20080604000332.003 temporarily stockpile 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 improvements to the Flood Control Project, together with the right to trim, cut, fell, and remove therefrom all underbrush, obstructions, structures, or obstacles within the limits of the Temporary Work Area Easement excepting, however, trees, which Grantees shall not disturb, injure, move, remove or damage; reserving however, to Grantor, its successors and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; this grant of easement being subject, however, to all easements, reservations, covenants, conditions and restrictions of record. (a) The Temporary Work Area Easement shall be located in the area of land described in Exhibit D (the "Temporary Easement Area"). Grantees shall maintain the Temporary Easement Area in good, neat, clean and safe condition. (b) Promptly after the exercise of this right to enter onto and use the Temporary Work Area Easement, Grantees, and each of them, and their respective employees, contractors and agents, shall remove all stockpiled material and all equipment and personal property of Grantees, or either of them, and of their respective employees, contractors and agents, clean the surface of the Temporary Work Area Easement of any waste, restore the surface of the Temporary Work Area Easement to the condition existing prior to the entry, and repair any damage occasioned by its or their entry onto and use of the Easement. 2. Security for Road Access Easement No later than December 31, 2008, Grantees shall place and install locked bollards across the Road Access Easement at the toe of the Flood Control Project where it meets the Road Access Easement Area, and, if the. Road Access Easement is relocated, shall promptly place and install locked bollards at the same relative location in the new Road Access Easement Area. Immediately upon installation of the bollards, Grantees shall provide to Grantor a key or combination to open the bollards, and shall ensure that Grantor has one or more keys, and/or an accurate combination or combinations, at all times so that Grantor has the ability at all times to open the bollards. The bollards shall be reasonably designed and placed so as to minimize any interference with use of the Road Access Easement Area by Grantor and its tenants. 3. No Rights Created in Public Nothing in this grant shall be deemed to be to be a gift or dedication of land to the public, or a grant of access to the general public or for recreational uses. The scope of this grant is expressly limited to Grantees, for their use and for the use of their ernployees and contractors, for the limited purposes described in this Agreement. 4. Grantees' Indemnification of Grantor Grantees, and each of them, and their respective successors and assigns, shall protect, indemnify, defend and hold Grantor, and its successors and assigns, harmless from and against any and all loss, costs, claims, suits, liabilities, causes of action and expenses of any kind or nature (including reasonable attorneys' fees) arising out of, related to, or incurred by reason of the exercise of the easement rights EASEMENT PAGE 3 99999-2033/LEGAL14316665.1 20080604000332.004 granted hereunder. Without limiting the generality of the foregoing, Grantees, and each of them, shall protect, indemnify, defend, and hold harmless Grantor, and its successors and assigns, from and against any and all loss, costs, claims, suits, liabilities, causes of action and expenses of any kind or nature (including reasonable attorneys' fees) arising out of, related to, resulting from or incurred by reason of or based upon, the release onto or from Grantor's property by Grantees, or either of them, or any of their respective employees, agents, contractors and/or licensees, of any hazardous or toxic materials or substances, or the violation by any such party of any law or laws regulating the handling, treatment, storage, disposal, release, or transport of any hazardous or toxic materials or substances. 5. Insurance 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 occurrence, and shall provide Grantor with a certificate of insurance or self insurance from time to time upon Grantor's request, and will name Grantor, its successors and assigns as Additional Insureds in the event one or both of the Grantees should choose not to self -insure. Each Grantee may self -insure its obligations hereunder. Except to the extent of any gross negligence on the part of Grantor, each Grantee shall indemnify and hold Grantor, its successors and assigns harmless from all claims, damages or causes of action, including attorneys' fees and court costs, arising from that Grantee's use of the Easements. 6. E3inding on Successors and Assigns; Limited Right to Assign The rights, conditions, covenants and provisions contained in this Agreement shall inure to the benefit of and be binding on the parties hereto and their respective heirs, administrators, executors, successors and assigns and shall run with the land. Grantees and each of them shall have the right to assign their rights and interests under this Agreement to any one or more governmental entities that are created and then -existing under the laws of the State of Washington that have legal responsibilities in connection with the inspection, maintenance, repair, rehabilitation and replacement of the Flood Control Project. 7. Eminent Domain If any part of any easement area is taken by any governmental agency in the exercise of its power of eminent domain, the award granted under such proceedings, or any settlement in lieu thereof, for the taking of such property shall be wholly payable to Grantor. If Tess than all of the easement area is taken, the easement granted herein shall continue in full force and effect with respect to the portion of the easement area not taken. If all of any easement area is taken, the easement granted herein shall terminate and the obligations hereunder of Grantor and Grantee shall automatically cease and terminate as to that easement area when possession is transferred to the condemning agency except with respect to any obligations with respect to events occurring prior to the termination of the easement. 8. Grantor's Reserved Use Notwithstanding anything in this Agreement to the contrary, Grantor reserves the right to engage in any uses that are compatible with the full enjoyment by Grantees of the rights granted in this Agreement. 9. Miscellaneous (a) . In the event of any action or arbitration by any party to this Agreement for breach of or to enforce any provisions or rights hereunder, the reasonable costs and expenses incurred by the substantially prevailing party in such action, including, EASEMENT PAGE 4 99999-2033/LEGAL 14316665.1 20080604000332.005 but not limited to, such substantially prevailing party's reasonable attorneys' fees, shall be paid by the other party or parties to such action or arbitration. (b) Neither this Agreement nor any acts of any party shall be deemed or construed by the parties hereto, or any of them, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association. (c) Any modification, waiver, amendment, discharge or change of this Agreement shall be valid only if the same is in writing and signed and acknowledged by all of the parties, and an original thereof is recorded in the real property records of King County, Washington. (d) In the event any term, covenant, condition, provision, or easement contained in this Agreement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Agreement. (e) Paragraph captions are inserted as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or any of its provisions. 10. Completion of Agreement This Agreement shall not be binding on Grantor until (i) it has been executed and acknowledged by all parties, and (ii) a copy of the fully executed and acknowledged Agreement has been delivered to Grantor. EASEMENT PAGE 99999-2033/LE0AL14316665.1 20080604000332.006 Entered into as of the day and year first above written. GRANTOR: LA PIANTA LLC, a Washington limited liability company By: Metro Land yevelopy ent, Inc. Its: Manager By: Mark Segale, e President GRANTEE: THE CITY OF TUKWILA, a municipal corporation of the State of Washington GRANTEE: DISTRICT KING COUNTY FLOOD CONTROL ZONE a quasi municipal corporation By: Acting pursuant to Resolution No. FCZD2008-01.2 of said Grantee Name: Title: of Kim County EASEMENT PAGE 6 99999-2033/LEGAL 14316665.1 20080604000332.007 STATE OF WASHINGTON ) ) COUNTY OF KING ss. On this Se‘day of May, 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Mark A. Segale to me known to be the person who signed as Vice President of the Manager of La Pianta LLC, a Washington limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company for the uses and purposes therein mentioned, and on oath stated that he/she was duly elected, qualified and acting as said officer of the corporation, and that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. SUSAN A. THOMAS Notary Public State of Washington My Commission Expires May 01, 2010 Print 15ac e: ,dui iihI 1t Notary Public in n for the State of Washington, residing at: t Rarzy i My commission expires: 5Ajdo/D EASEMENT 99999-2033/LEGAL 14316665.1 PAGE 20080604000332.008 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 30�4'day of (fl 0 -y , 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ti Yr1 I+& f r r , to me known to be the person who signed as rY1 40C -----_ 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 hL.. was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF 1 have hereunto set my hand and official seal the day and year first above written. YM33ERG, s+„„,%'�Q,1 01 Al? S. i 1.• _ m,ON • a. a mbe,-l- h.4 r A. PrintName:OM- AA-I[/vll ev3—D�d�o� Notary Public in and for the State of Washington, residing at: Tel_ CorlLa_ My commission expires: I oL " 11- !! EASEMENT PAGES 99999-2033/LEGAL14316665.I 20080604000332.009 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) l certify that I know or have satisfactory. evidence that is the person who appeared before me, and said person acknowledged that _he signed this instrument, on oath stated that _he is authorized to execute the instrument and acknowledged it as the of King County, acting on behalf of the King County Flood Control Zone District pursuant to Resolution FCZD2008-01.2 of said District to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Print Name: Notary Public in and for the State of Washington, residing at: My appointment expires: EASEMENT PAGE 9 99999-2033/LEGAL14316665.1 20080604000332.010 EXHIBIT A UNDERLYING PROPERTY PARCEL(S) LEGAL DESCRIPTION Lot 4 as shown on Boundary Line Adjustment No. 93-0085 recorded under recording number 9311301961. Also, Parcels A, D and E shown on Boundary Line Adjustment No. L02-029, recorded under recording number 20021007900001. Also, Parcel B shown on Boundary Line Adjustment No. L99-0008, recorded under recording number 9906099010. EASEMENT 99999-2033/LEGAL14316665.1 PAGE 10 20080604000332.011 EXHIBIT B FLOOD CONTROL EASEMENT AREA LEGAL DESCRIPTION ALL THOSE PORTIONS OF LAND DESCRIBED AS LOT 4 AS SHOWN ON BOUNDARY LINE ADJUSTMENT NO. 93-0085 RECORDED UNDER KING COUNTY AUDITOR'S FILE NO. 9311301961, AND LAND DESCRIBED AS PARCEL "D" ON BOUNDARY LINE ADJUSTMENT NO. L02-029, RECORDED UNDER KING COUNTY AUDITOR'S FILE NO. 20021007900001, LYING WESTERLY OF THE ORDINARY HIGH WATER MARK ON THE LEFT BANK OF THE GREEN RIVER AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEASTERLY CORNER OF THE AFOREMENTIONED LOT 4; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 4 ALONG A CURVE CONCAVE TO THE NORTH THE RADIAL CENTER OF WHICH BEARS NORTH 20° 20`04"WEST A DISTANCE OF 336.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 44'43" AN ARC LENGTH OF 4.37 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 53° 36'41"WEST 91.03 FEET TO A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 27.83 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23° 59'08" AN ARC LENGTH OF 11.65 FEET; THENCE SOUTH 29° 37'33"WEST 91.54 FEET TO A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 117.83 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 31'44", AN ARC LENGTH OF 11.73 FEET; THENCE SOUTH 24° 05'49"WEST 88.46 FEET; THENCE SOUTH 22° 34'48"WEST 71.63 FEET; THENCE SOUTH 18° 39'07"WEST 97.03 FEET TO A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 37.83 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21° 09'15" AN ARC LENGTH OF 13.97 FEET; THENCE SOUTH 02° 30'07"EAST 59.72 FEET; THENCE SOUTH 01° 02'09"EAST 103.01 FEET TO A TANGENT CURVE TO THEE RIGHT HAVING A RADIUS OF 102.17 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 28'08" AN ARC LENGTH OF 9.75 FEET; THENCE SOUTH 04° 25'59"WEST 166.45 FEET; THENCE SOUTH 02° 54'29'WEST 84.06 FEET; THENCE SOUTH 05° 08'41'WEST 253.64 FEET, MORE OR LESS, TO INTERSECT THE EASTERLY BOUNDARY OF THE AFOREMENTIONED LOT 4, AND BEING THE TERMINUS OF THIS LINE. ALL SITUATE IN THE EAST HALF OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M., CITY OF TUKWILA, KING COUNTY, WASHI NGTON. EASEMENT PAGE 11 9999 9-2033 /LEGAL 14316665.1 20080604000332.012 EXHIBIT B FLOOD CONTROL EASEMENT AREA SITE DEPICTION EASEMENT PAGE 12 99999.2033/LEGAL14316665.1 20080604000332.013 EXHIBIT C ACCESS ROAD EASEMENT AREA LEGAL DESCRIPTION AN INGRESS AND EGRESS EASEMENT OVER SEGALE PARK DRIVE "A" AS SHOWN ON CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT AS RECORDED UNDER KING COUNTY RECORDERS NO. 9906099010 AND ITS EXTENSION SOUTHERLY TO INTERSECT THE SOUTH LINE OF PARCEL "A" OF TUINVILA BOUNDARY LINE ADJUSTMENT AS RECORDED UNDER KING COUNTY RECORDERS NO. 20021007900001. ALSO A 20 FOOT WIDE INGRESS AND EGRESS EASEMENT OVER A PORTION OF PARCELS "D" AND "E" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT AS RECORDED UNDER KING COUNTY RECORDERS NO, 20021007900001 AND OVER A PORTION OF PARCEL "B" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT AS RECORDED UNDER KING COUNTY RECORDERS NO. 9906099010, SAID 20 FOOT WIDE EASEMENT BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED PARCEL "E"; THENCE SOUTH 66° 31'27"EAST ALONG THE NORTH LINE OF SAID PARCEL "E" A DISTANCE OF 992.96 FEET TO AN ANGLE POINT ON SAID NORTH LINE, ALSO BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE SOUTH 54° 15'07"EAST 207.68 FEET; THENCE SOUTH 66° 34'09"EAST 87.00 FEET; THENCE NORTH 23° 25'51"EAST 20.00 FEET; THENCE NORTH 66° 34'09"WEST 84.84 FEET; THENCE NORTH 54° 15'07"WEST 207..80 FEET TO THE EAST LINE OF PARCEL "A" OF SAID BOUNDARY LINE ADJUSTMENT AS RECORDED UNDER KING COUNTY RECORDERS NO. 20021007900001; THENCE SOUTH 29° 14'17'WEST ALONG SAID EAST LINE 20.13 FEET TO THE POINT OF BEGINNING. EASEMENT PAGE 13 99999.2033/1,EGA1,14316665.1 20080604000332.014 EXHIBIT C"' ACCESS ;ROAD EASEMENT SOUTH 18Oth STREET EASEMENT 99999-2033/LEGAL 14316665.1 PAGE 14 20080604000332.015 EXHIBIT D TEMPORARY WORK AREA EASEMENT SITE DEPICTION EASEMENT 99999-2433 /LEGAL 14316665.1 PAGE 15 9906099010 30 57 113. ' 209, 51 40 A P.S.E. ESMT. *9105060703 40. • - . 11 nsror N er 57' 03' 6!' 54 s. co. / GL 6 • ▪ SOSr 4- ▪ S Sr r r -S - O a orrS -Sa- n t 14. W g 'i,P1 ida = - IE. R9 T-44 • N. V eIllt / SW 1/4, PE 1/4 35-23-4 \ _ I EXCEPTION <I or or 807 I M 13' 37/53E 1159' 25' 57' E 7�4l.9 73.05 2 41 or eirono EEXC tp3. 711• 87' WA S. 69, 7 70 N 69' 04' 40' V 113.72 _ ------- RE-r- c-N RIVER PROTECTION EASEMENTS NO'S 5222051, 6027013, 6027015 9110310907, 6014672 K. RES. 1011333 N 87' 50' 09' 947 - 6 ROAD/UT1L/TY EASE CADFILE NAND LLASW.1111G N. E. COR. SV 1/4, NE 1/4 35-23-4 CURVE DATA GR. 420.00 A • 04' 28' 23' L . 32.79 GR. 420.00 A = 15' 15' II' L . 111.81 * R . 1600.00 A . 10' 03' 34' L . 2131.06 0 R . 215. 00 A . 29' 11' 30' L . 109. 57 * R • 242. 00 A • ar 06' 44' L . 156. 75 0 R . 027. CO A . 33' 45' 42' L • 133. 76 * R . OSA 00 A . 07' 51' 39' L . 49. 39 40 R . 607.50 A . 34. 11' OW L . 362.45 3 R . 50.00 A . 91° 32' 50' L . 73. 89 R • 50.00 A . 84' 24' 33' L . 73.67 R • 50.00 A . 95' 35' 05' L • 83.41 R . 2530. 00 A . 08' 25' 47' L . 37E 23 R . 2530.00 A . 02' 33' 00' L . 112.60 R • 2470.00 A . 03' 24' 29' L . 146. 91 R . 477. 47 A . 13. DO' 00' L • 100. 33 R . 2470. 00 A . 09' 57' 44' L . 429. 47 R . 1000. 00 A . 06' 47' 12' L . 119.43 R • 4611 00 A • 25' 46' 59' L . 207, 00 R . 560.03 A . 23' 39' 57' L • a31. 31 DECLARATION' MN PALL /EN IT MIN PREZDITS INAT 19., TIE IMIMMIGICII. 011101 IN RC SIMPLE /I 519. IIIND HEREIN NSCRIMED BO MOM was6 kanavre LINE AILIMINDIT. IMANDOITATIMI CF SAID MOW Alli 119. SAM IS MAR VIM INC TIC INIERSIGIC) IMMO, MECUM MIS TO NE TIC OWNIC num CONDIT MO IN ACCIIIISNICC VITII INC ars ar TIE MR IN VITA= VICIICO, NE HAW MR *4911 ANI WU. gkalITZFEEmerARNEILIIIIP A VAINallategamPANTNIMAP . A NANG ex.-6=C sTATI-Ororattrros 9.11 '7.4 J.7.471511 1niP sitentEIENTANIMMILIV 4(1 Pao WO FOR TO MO ANN PUPAS'S MS MBOIRUMBE TINT le SIGNED Sat MOM= 111 :MI PERSEHAU.f. An MO SOL 1911 Y ca-s.sirr. I ..:amanataii• I te j5gl4a33an04 routs APPROVALS! DEPARTMENT IF COMMUNITY DEVELEPNENT /MOM INIS Ct ' DAT or 3 t4 DIM= A-04e KING COUNTY DEPARTMENT IF ASSESSIENTS CONDOM MO AMMO MIS 9* DAY te"7". MA fill •`---: f- •••••' e.er- d •Ice. z CD 0 g 112. -t c EAstmoiy"A 'NEI" REP.940406059AIR :3"43.raisMaj. vaftE14°. ,.,,.. ,..ye - 9,..rs-- 7,,v_P4,4.„,,, ..",,,r_ 5',/ - in,- 11/9--.'fa =EU/ t n -1 N) RECORDING CERTIFICATE' - REC. NI 9944efir/e Ft led for record thl• 9'4' day or 19 FF at " - SO orreys, pap, a-7.4/3 , at the request of Michael G 111x, Nos, U41 ttmol SUPT. OF RECORDS 0- SURVEYOR' S CERTIFICATION.-Tj= This nap correctly represents a surrey node -Erne or under my direction in accordance •ith the requirements 02 the Survry Recording, Act, at the request .110/41/7,1 1/47/7r0 01/972/0:60/7/Ae this 91:-.?" caay of •,...44f2 , 19 ..._..... :.lit..P.F.ANTA LIMITED. PARTNOSE.IIR,,:iNC, ..:'...:- .::.• TUKOLA, $14; 206-V54600 .. . . • - •'. -:: . la" 1' F: 200! :: malaria. MGM .,:. amm 1/7%99 ,-.'. mia6/8/99 "'CITY' F TUKWILA BOUNDARY: LINE .ADJUSTMNEV ENT L-lq - (10) 63 ,*_ Mile 3 ImSEGALE BUSINESS PARK LOT LINE ADJUSTMENT'. 20IS.DP-1/99 9906099010 130 57A IEWR.APOk ::. 1aELti:A- THAT rumen of THE 7WIHWBSF QUARTER or THE NOIIIEAT' QUARTFII AHD COSVERNMENT PIT 2 DI SI(110N 35,1170/NSW 23 NORTH, RAND 4 EAST, W.M., IN ENO LICINTV WAEEIGTOK OEORFpAS FOLLOWS: OOIf NO AT.'TE NORTHWEST 'COPIER OF THE SOITIWFST QUARTER OF THE toconnincr QIIAR1a (W RAlti0C110N 35; 1ENE SOUTH Sr 50 0r EAST AIANO 11e Wow sae nionor, 44331E norr 11@1L78 5O1:}4 or 09' sr wen, 36.00 FEET TO THE ' IN, SOUTH FELT 400FET; nonceSOUTH 6T 50' 0P' EAST ALOHi MAID �Im4 MAROON, 94iit FPER 'M THE 1E 7)tLT PODIT .OF. INTCHEO HENCE sown 11OII1 Y ALWO A CURVE TOTte TEFL Ile081010EOF WHIC 10'AR550U111 02' Of: sr WENT, *VINO A RAMS CF 5000 FEET-H61000H A CENTRAL ANGLE OF I4' 74' sr. AN ARC L TAME OF Tie FEET; news 0r M' SF' WEST , t71b0 FEET; 11110811 MONO A CURVE TOTE RIGHT.HIAVNG A RAMISCLE 3330.0E FEETTRO30H A .. CENTRAL AN01E OF 0r 25.`47", AN ARC DISTANCE OF 3Tf25 FEET TO A POINT PM i1 .: ' 10UTH ins OF SAID SfADIVIDON: Timms:NORTH or, sr Or 93ESTAUR4G THE' SOURI IE Ste,EMT;TOF SAID 61.91 IT; HENCE NORTHERLY AL®10 A CURVE TO.DIE LOT, THE CETFE OF.WEICH OARS NORTH T• 20' Ir WEETilUYDD A RADIUS 4.• 2017181111 FEET TEOIDH A'CENTRAL ANKNE OF 03' 24'-3r, AN•AC DISTANCE OF 146AT ra 71 er:Ewan,N' Is or WEST. 5534 FYEI; THEME i1001H 36 55'.s5' WEST,*59 'Err:THENCE NORTH 112' 110r NEST, 1I7.611FEET;THENCE SOUTH Or A4' 56 WEST;41123 P EST; THENCE ALONG A CURVE TO TIE EGLT. HAVD1O A RADIUS OF 477.4E FEET 11E000 I A CHIRAL ANGLE OF 1r 00' 0r, AN A10DIST4TIEOF 10433 FEET; HENCE SOUTH 211•44' Sr WEST, 91096 FEET; TIERCE MORN 66° 31' 2r, WEST 671.93 FEET 7O THE MOST SOUTHEASTERLY COOLER OF LOT 1 OF TM CITY OF TUKWI A SHORT FIAT NO W: 19+7S, RBOORDED UNDER KD40 COUNTY RECORDING NO. 8505090619• DEICE NORM L C IT EAST ALONG TIE EASTERLY LINE OF SAP LOT 1, 1424.07 FEET; MIME NORTH"? N' 06 WEST ALONG THE NORTH UNE OF SAID LOT 1, 210.53 FIT; THENCE SOU1H'Ir 26' sr WEST' AI.OIIO me WESTERLY UNE OF SAID LOT 1, 27.34 FEET HENCE NORTH 20. 59' 11' WEST', 511E PEER; TIERCE NORTH Ir 37' 5.1. EAST. 7041 FELT, THENCE SOUTH IV 50' Sr EAST. 34273 FEET, MINCE NCE SOU1100r 09' S1' WEST, M00 FEET. T1RNCE soon' 17" 50' or PAST, E276 FEET; THENCE NORTH Sr N' 56' EAST, 34E56 FEET; THENCE ALONG A 01110E TO THE LEFT HAVING A RADIUS OF 50.0E FEET THROUGH A CENTRAL ANGLE or 9r 35' 0r, AN ARC DISTANCE OF 63.41 FEET TO A PORT ON THE SOUTH MARCH OF SOIIH IN. STREET; HOME SOUTH I3: ,50' 0r EAST ARONO SAID SOUTH MARGIN, MIL K FRET 1O77E IRISIOOFTOFICF;RNEM.. PARC LI- THAT PORTION OF GOVERNMENT LOT 5 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 BAST, WM, DESCRIBED AS FOLLOWS: CORAENCN0 AT TIE NORTHWEST CORNER•DF SAID GOVERNMENT LOT 5; THENCE SOUTH Rr 56:-63" EAST ALONG THE NORTH UNE OF SAD3-UOV1RNMGNT.L01.5 .1141.94 FEET TO A POINT OF CURVATURE AND T7e'TRUE PONT.OF BEGINNING; THENCE GONG T A SOTF*ERLY DIRECTION ALONG A CURVE TO TIN.RIDHT'11E CENTER OF WHICH : • BEARS NORTH 73° 2I' 1r west HAVING A RADIUS OF2470.00 FEET THROUGH A CENTRAL ANGLE DEED': n• 44" AN ARC DISTANCE OP 429.47.FEET; THENCE NORTH 69" IYOr WEST am FEET; TFRI4CE.NORTN 26 44' 56" EAST 12001iET, THENCE NORT7(69. 15' Or WEST 14 19 FEET; 71ENC8565OVIH 20° 44' 5WEST51`1.97 PERT; THENCE S0Ufll 66° 31'.2r EAST 253.17 FEET, THENCE 000144 s9!.16...W. WEST 753E FEET; I1ENCESOUIH 66° 3E.` 39" EAST 21073 FEET TO A POINT ON TIE WEST UNE OF A -FLOCS) CONTROL EASEMENT AND:' 110HFOF-WAY AS DEFINED IN KING COWRY RESOLUTION NO. 31133,AS RECORDED UNDER AUDITOR'S PILE NOS. 6014672 AND 6027015; THENCE NORTHERLY ALONO SA7b TE EAMENr AND EOHTOF-WAY LINE THE FOLLOWNOCQURSES, NORT11r 55' OO,:YAST::: 143E FEET; HENCE NORTHD.32' 00' FAST 11531 FEET, THENCE ALONG A CURVET) 011' RENT HAVING A RADIUS OF 560.0E FEET THROUGH A CENTRAL ANGIE 0E13(39' 57" AN AC DISTANCE OF 23131 FEET THENCE NORTH 46 12' Or PAST MOW FEET, THENCE ALONG A CARVE TOTE LET HAVEN) A RADIUS OF 460.00 FEET THROUGH A CORRAL ANGLE OF 25° 46' S9" AN ARC DISTANCE OF 207.00 FEET, THENCE A1ONO A CURVE TUT¢ LEFT HAVING A RADIUS OF 1000.00 FEET TROUGH A CENTRAL ANGLE OF 06° 4T IT AN - AC DISTANCE OF 11E45 FEET, THENCE LEAVING SAID EASEMENT AND RIOHIOF.WAY'::. NORTH 66° 54' 13' WEST 33839 FEET TO A POINT OF CURVATURE; THENCE GONG N A NORTHERLY DIRECTION ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2530.00 FEET THROUGH A CENTRAL ANGLE OF 0r 33' 0r AN ARC DISTANCE OF 11160 FEET TO A POOR ON THE NORTH UNE OF SAID GOVERNMENT LOT 5; THENCE NORTH (7° 56' 03' WEST 61.91 FELT TO THE TRUE POINT OF BEGINNER). LEGALDmCIRTON: PARCEL C- THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. N KING CONTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 6; THENCE NORTH 1r 56' 03" WEST ALONG TIE NORTH LINE THEREOF, 400.66 FEET TO A PONT ON THE EASTERLY MAMIE OF ANNA MESS COUNTY ROAD; THENCE SOUTH 25° Or 18" WEST ALONG SAID EASTERLY MARGIN 430.17 FEET TO THE POINT OF BEGMMNG; THENCE CONTINUING SOUTH 25° 01' Ir WEST MONO SAID EAsi^'v MAKIN, 43933 FEET; THENCE SOUTH 66° 36' 3r EAST 406.5E FEET; THENCE NORTH 23° 21' 33-' .,ST,431.62 FELT; • THENCE NORTH 66 29' 11" WEST 15293 FEET; THENCE NORTH 62. 54' 45' WEST 52.09 FEET; THENCE N 66 4T 42' WEST269.N FEET TO THE PONT OFBEGINNNG. REEALESMOR PARm, D- 1HATNORTONOFGOVNM6ENT LOTS INSECIIOH 35. TOWNSEND NORTH, RANCE4 EAST, WJI. MONO COUNTY. WASNWGION, DESCRIBED AS FOLLOWS: COMMENCING AT A POENM. WHICH WAS ORIODWLY MARKED EY AN OWN PQB, ON SOUTHEASTERLY MARCIE OF TEE ANNA MESS COUNTY ROAD (II"AVENUE SOUTH) PROM W4606 POEM TIE SOUTHWEST COSNE R OF TIE SAID OOVINIME 0I' RAT 6 701J111 02' 02' 51" WEST. 313.17 FEET AND NORTH 17' 57' 03' WEST; 50534 FEU'. 5STANCES BEER MEASURED, RESPECTIVELY, AT RIGHT ANGLES TO AND Al03111 SOUTH BOU4DARY ERR or SAID OOVBEOaarr ION: memo NORM 66° 32' 1.64 FELT 70 THE SCUM EERY MAR®( OF SAID COUNTY ROAD MIT EXISTS. A) ..146 rm:tor MGDOWID 110&B NOR1112r 01' Ir EAST MICRO SAID MADMAR0111 315.13 P1EP,',TRME SOUTH 66. 36 3T EAST. 41638 PER 71861E SOUTH 23° 21' 31' WEST. 9792FE3T TO THE NORTH LINE OF A FI.000 CONTROL EASEMENT A10 RI(ETGM WAY AS;'DININPD N IMO COUNTY RLSOLTION NO. 31233 AS RECORD® UNCOIL A700*1'EMt'S FRE 1605..6014672,AND 6027015; HENCE WESPERS MEMO RAM EASEMENT '1.$E 111E FOLLOWING OOUTLS6S1:71®ICE ALONE A CURVE II) 711E TEFL'. HAVING A "MMus qv g0N FEET.1 00 ®Jlel (P.3f? 0H REARS SOUTH Iv 4T 5F' war TEOKE k: 700RAn.--An01E OF 0r 2F 210 AN ARC DISTANCE or 3279 FEET: TWICE sown 7r4P' : Sr WEST. 157.00 70013O APONT FROM WHIOi`I1E FONT OF se0000D REARS NCRm .•00?' ))43' WEST Tizziq NOR11L_0r 31� {T' WEST. 31196 FEET TO TIE row or EIG.N • PARCEI..E- THAF PORTION.OFTER ABANDONED BED OF THE OMEN RIVER WHICH ADJOINS AND 1.1Pd: • BETWEEN THE SOUTHERLY EXTENSION OF THE 11*5IERLY LINE AND THE EASTERLY •.. EXTENSION OF THE SOU0N(LNEW LOT 4GF.CHY OFT3I6WIA SHOP PLAT NO. tsI9-9 _•: RP.CORDEPIINDER KNO COUNTY RECORDER° NO. 1505090619,'AND- LES NORTHERLY" RLY Q SAID EYEEIC. T006771F.R Bahl THAT PORITON OF THE ABANDONED BED OP THE GREEN EVF]R IN GOVERNMENT LOT 2 N SECTION 35, TOW17HIN. 21'NQR114, RANGE 4 EAST, WM, WHICH ADJOINS. LYING SOUI11ERLY QE SOUTH 110" nun; WESTERLY OF 711E MEIN:RIVER AND EASTERLY OF LOT 4 OF C0057, OF TUKWI A BOUNDARY UNEADJUSTMESI T NO. 93- OOIs, RECORDED UNDER KING COUNTY- RECORDING 61¢•9311301961; AND 7DGE7NER TIN! THAT PORTION UrT4•ARANI1ONPD BED OF THE GREEN RIT'F41'M '.: .... •.'.' TI GOVERNMENT NOT 5 LYING WESTERLY OF E GREEN RIVER.AND LYNQEASIERLF OF A 602UNE7015. ESTARLISHED IN KING COUNTY RESOLUTION NO. 3130.3, AND A.P. NO. 6014672 A AND TOGETHER W7771 THAT PORTION OF GOVERNMENT 10T 5 N SECTION 35, 709/14SRP .. 23 NORTH. RANGE 4 EAST, W.M. DESCRIBED AS FOLLOWS: COM ME NCIN6'AT THE '.'. NORTHWEST CORNIER OF SAID GOVERNMENT LOT 5; I h101.E SOUTH Or 24' IV'. WEST ALONG HE WEST LINE OF SAID COVERNME1 T LOT 5, 561.41 FEET TO THE TRUE POINT-y :..... •. BPANNNG; THENCE NORTH 66° 31' 28. WEST 53321 PELT; I31Em1.0 ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50 FELT TUIOUGH A CENTRAL ANGLE OF 91° 32' 50' AND ARC DISTANCE OF 79.69 FEET TO A PONT ON ANNA MESS COUNTY ROAD (57"' AVENUE SOUTH); THENCE SOl11T 25° 01' 1r WEST ALONG SAID MARGIN OF THE ROAD 113.36 FEET; THENCE SOUTH 65.4T 4r EAST 269.M FEET; THENCE SOUTH 6.2. 54' 45" EAST 5209 FEET; THENCE SOUTH 66' 29' 11" EAST 152.93 FEEL'; THENCE SOUTH 23° 28' 33" WEST 529.54 FEET TO A POIT ON THE NORTH LINE OF A FLOOD CONTROL EASEMENT AND 3U0HT4OF-WAY AS DEFINED IN KING COUNTY RESOLUTION ION NO. 31133 AS RECORDED UNDER AUDITORS FILE NOS. 60146E AND 6027015; THENCE EASTERLY ALONG SAID EASEMEN AND 'R(OMOF-WAY LINE TR FOLLOWING COURSES AMID DISTANCES, ALONG A CURVE TO'.TE RIGHT THE CENTER OF WHICH BEARS SOUTH IV 47' 54" PAST KAVNO'ARADNS 0E420.00 FEET THROUGH A CENTRAL ANGLE OP IV IS 11' AN ARC .'0ISTANCI17F 111.81 FEET; THENCE ALOM3 A CURVE TO TIE RIGHT HAVING A RADIUS OF 1600.00 FEET THROUGH A CENTRAL ANGLE OF IV 03' 54' AN ARC DISTANCE OF 201.07' FEET; THENCE SOlHN 69' W 40. EAST 113.72 FEET..T HENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS7F 215.00 FEET THROUGH A 'CENTRAL ANGLE OF 29. 11' sr AN ARC:DISTANCE OF 109.57-IH FELT; THENCE SOU.92° 23' 42". EAST 317.00 FELT; THENCE •ATO3RFA CURVE 10 THE LEFT Iy1YNG A RADBIS OF 242.0Q'FEET THROUGH A CENTRAL ANGLE OF 77° 06' 44'AND ARC.IESTANCE OF 45675 FEE1;•T E NCE MGMA CURVE TO HE TLEF71AVNG A RADIUS OF 227.00 FEET:7HROUGH A CENTRAL ANGLE OP.-33. 4.5..42" ARC DISTANCE OF 133.79.4EET; THENCE ALONG A CURVE SO T160 LEFT. HAVING 'RADIUS 36011E FELT A'. 7HR0l7OH A CENTRAL ANGLEOF 07' 51' 39' AN ARC'NSTANCE OF 4939 FEET; THENCE ALONG A'*S RVE-TO THE "EFT HAVING A RADIUS OF 607.50 FEET THROUGH A CENTRAL ANGLE OF 34' 11' 0r ANMC DISTANCE OF 36245 FEET THENCE NORTH M° 01' 12".EAST 101.87 FEET; THENCE IEAVNOSAID EASEMENT AND THOHPOF- WAY LINE NORM66° 61'39"'WED 26275 FEET; THENCE NORTH/Sr l4' Ir EAST 75.3E FEET, THENCE NORTH 66' 31' 2N'1;WEST 8S7.50FTET TOTE TRUE POITOFMOWING; • LEGAL DONOR, PARCO.1- THAT PORTION OF THE SO711006S75AOFTHE NORTHWEST 14 AND THAT PORTION OPENS SOUTHWEST 7 OF THE NORTHEAST Y4 OF SERMON 35, TOWNSHIP 23 NORTH. RANGE 4 EAST, WAR, LYDNQ EASTERLY OF SOUTHCENTER PAIOWAY or. AVECE SOUTH'S AlID LOT 2 OF THE OTT OF TUCWI A SHORT PLAT NO u-1902, RECOM0® IROIDI KIWI CONEY SECORD00 NO. 8506090619, AND 6100.E PARTICULARLY CIETICREED AS FOLLOWS: COMMENCER) AT TIE NGLl7TW.AS4 CORDER OF SAID LOT 2 SAID POINT ALSO REED TIE POINT OFBEGINNING; THENCE SOUTH IT 27' IV WEST, 476.11 PEEL; HERE went 6r31' 2r WEST, 256.19 FEET, THENCE ALO0O A CURVE TO 11E RIFT HAVEN A RADIUS OF 511 FEET, IMPUTE A CENTRAL ANGLE OP 91. 32' 41" AN ARC DISTANCE OP 79.09 MT TO 71E SOUTINA2HELY MARGIN OF ANNA MISS COUNTY ROAD (57. AVENUE B01Tfpc 71E!!CE NORTH 26 01' Ir EAST AI.ONO SAID ROAD MAROON 35797 FEET THERE CONTEM 0 ALONG SAID ROAD MARGOT NORTH IV 03' 12" EAST.15497 roar; MINIM CONTINUING ALONG SAID ROAD MARGIN NORTH 09' 45' 44. BAST, 273E FEN; THRICE LEAVEN) SAID ROAD MARGIN NORTH 59' 25' 2r EAST, 7315 FINE; HENCE NORTH N' 00' 3r EAST, 103.77 7421E TWICE SOUTH 17° 50' 0r EAST, 1213 FEN; mace BOTCH 1r 37' Sr WEST, 70.41 PET; HENCE SOUTH 20. 59' 11" EAST; 5E03 Fur TO A POW ON THE WEST TER O' LOT I OF TIE OIY OF 7UIWEA SHORT MT TE L 05•I903, RECORDED UNDER R4H0 CONEY RECORDNO NO. 1505090619; THENCE ALONG SAP WEST UNE OF LOT 1 SOUTH 17.21' it WEST, 366.56 FEET. THENCE CONTEMN° ALOE SAID NESTLES OF LOT 1 NONE I► 47. sr west 35.03 FEET; THENCE CONTEMN° ALONG SAID WEST LIM OP Lori R0U111 IT 211' IV WEST; 474.0E FEET 7011E FOOPTOP1EE4N191. 121CIPTMATICIIMONI.WAWY, INCLUDED WITHIN THE 1OUAWB6(I DESC'R®7RACI: EPSOM AT TIE NORTHWEST CORDER OF TIE SOUTHWEST I4 OP THE NORTHEAST N OF SAID INCI5O7 329 TEPEE MONO 771E NORTH IDE THEREOF SOUTH N' S4' 46ERE' 24729 FEET; TWICE SOUTH 06 51' 40" EAST 14226 FEET, THENCE SOUTH 56 sr 47' MESH 203.79 FEET;11810E SOUTH 29' 26' 4r WEST 15930 FEET; HECE SOWN INN' IV WEST 103.76 FEET; TIMICE SOUTH 50' 70' 50" WEST 10030 PEET TO A POINT ON TIE CENTER OF 15E EOM: MMENCH FOLLOWING TIE CETERIDE OF SAID MAD NORTH N'43' Ir EAST 467.77 FEET TO PIK ETON THE NORTH LINE OP THE SOUTHEAST %OF TIE NORTHWINr 14 OF SAID SECTION PROM MECT117E NORTHEAST CONE THI EOF BEARS SOUTH IN 53' 32"EAST 101.47 FEET; THENCE SOUTH 1r 53' 32' EAST I01A7 FEET TOTIE TRUE POOR OP (4PO1NN0; AMd6T.'EI5TIAT PORTION 17N(EEED,S FOLLOWS: BBO➢000 AT:13113 NORHEAST CORER OR SAID BUEIVYIUC TSDICE NOETI N' 13' 32" MASTAIONN° 111E NORTH LINE HEREOF I0L47 FEET; HENCE SOUTH Cr 43' Ir WEST -.477.17'13113F 1EENL$ SOUTH 17.59' 3r ENT 24749 PERT 7O 111E TEE POINT OF REOINNIM; THENCE COMMUT0 SOUTH F} sr 3r WEST 151A0 PEET, THENCE SOUTH 76.4.1'.417' EAST 203.0 FEET THENCE NORTH 16° 2I' 50' PAST 151.0I PEET; HENCE 10I'T11 71' 43' 4r WEST 19933 FEET'j()T1E 7RISPODITOFBEOD0D60; ...4NDEIVEPT114 7 POR710►C IFANY, TWINED WT1Ei ROT i OF Tie CrrY0FT1EENA WORT PLAT193:0-195. 00 X.DFAUMBR IUD OOINIY REOORODONO. 05OMNI9, .. SITUATE N THE amp, TUKWILALCOUNTY OF RGLO, STATE OF WARE OTO N. CAEFILE HAM LLAS72,." SURVEYOR'S CERTIFICATION Th I ■ nap correctly represonts a survey !lode by ne or under my direction In occordanCe with the requirements of lthe Survey Recording ACT, at Rho rogues of .44 /'/A.VIf� ZAP, �4A1°Tid, th I ■ yrJ' day of S/ i(J 19 L G MIX Cart: ' No. 15033 RECORDING CERTIFICATE. REC. N0. • Filed for record this day' -of.„ 19 Vo lune _ of surveys, p00e _ . et the request of Michael G. Mi. r o 17.4e afi Gw MANAGER SUPT. OF RECORDS :..LA-'PIANTA LIMITED PARTNERSkIIP,AC... TUK.W'ILA, VA. 206-7512000 • 'su.M N/A w.r MGM 1.111 1/.'7/99 'MD 6/0/99 OF TUKW ILA BOUNDARY LINE.ADJUSTMENT I4 011RtGALE BIJS'INESS PARK NEW LOT LEGAL DESCRIPTIONS L NNE 2D 3.SBP-1 /99 99°6099010 i 30 57a TOTAL PARCEL-.' • 7HC SOUTH IWEST QUARTER OF THE NORTHEAST QUARTER, EXCEPT ITIE NORTH 30 FEET • THEREOF AND'£XCEPT:MAT PORTION OF SAID SUBDIVISION DEDICATED TO THE CITY OF 1UKWIIA BtDEF.D RECORDEQ UNDER AUDITOR'S FILE NO.6486096 DATED APRIL 11, I968; AND THAT PORTION OFTIE SOUIHEISTQUARTER OF THE NOR mW eST QUARTER LYING EASIFRGY OFTIE'ANNA MESBCQUNTY'RQAD; ALL IN SECTION 35, TOWNSHIP 23 NORTH PANNE EAST; WM., EXCEETCdNTV ROAD; AND EXC£PTTHAT PORTION THEREOF INGIk10F0 WITHIN THE FOLLOWING DESCRIBEDTRACT: 40XITNNING;(TTTIE NOgT3LWEST CORNER OF TIESOUTHWEST QUARTER OF THE NORTHEAST 41UARTER:OF SAID SECTION 35; Ti1FNCF. ALONG THE NORTH LINE THEREOF SOUTH 88° 54' 46" PAST 2029 FEET; 1SIENCE SOUTVIDS° 51' 40" EAST 142.26 FEET THENCRE0IDH 54° 52' 45" WEST 203.251FIET THENCE SOUTH 26' 45" WEST)5930 FEEP,YINNCE SOUTH 86°81:00" WEST " 103]6 FEEL; THENCE SOUTH 58320'50" WESTI00.50 FEET TO A POINT ON THE CENTER OF THE ROAD; THENCE FOLDWING.T7E CENTERLINE OF SAID ROAD NORTH 08° 43' 18" EAST 467.77 .FEET TO A PENNON THE NORTH UNE OF THE jOUDEAST QUARTER IN THE, NORI1IWEST QUARTERQFSANS0CIIQN FROM WHICH THENORTHEASTCORNFR THEREOF BEARS SOUTH''.:. '. 66° 53"$.EAST 10147 FEET; THENCE SOUIN18° 53' 32" EAST 101.47 FEN TD THE. POINT OF.-:' BEGINNING; AND EXCEPT . THAT PORTION OF THE SOIITHWESTQIIARTER OF THE:NORTIRASTYNIARIER OP.SFCI16NA3, TOWNSHIP 23 NORTH RANGE.4RAST W.M'".'DESCR1000:5S FOLLOWS: .. BEGINNING AT POINT ON THE NORTH LONE OF SAID S0131307ISION DLSTANOBOIJIN 81°.54' 46- EAST 449.30 FEET FROM THENORTHWEST COINER THEREOF; THENCE N( H88° 54'494WEST ALONG SAID NORTH UNE 202.01 FEET: THE NC660UTH O5'51' 40" EASE 14226 FEET; THENCE SOUTH 54° Sr 45" WEST203.79 FEET; THENCE SOIJIIO8926' 45" W001 I5930 FEET;17ENCE somm 88.54' 46" FAST424.69 FEET TO A POINT FROM WIOZIITIE POINT OF BEGRINING BEARS' NORTH 01. 05' 14^ EAST, THENCE NORTH 01 ° 05' H" EAST 401.77 FEET TO THE MINT OF _ BEGINNTNQ EXCEPTING THEREFROM TIE COUNTY ROAD: AND EXCEPTA PORTION OF THE: SOUTHEAST QUARTER OPINE NOR Iowe. QUARTER OF SECTION 35.7OWN6HB 23 NORTH RANGE 4 EAST, W.M, DESCRIBED AS FOIIDWS: .. BEGINNING AT THE. NORTHEASTCORNER OF SAID SUBDIVISION; THENCE NORTH 88. 53' 32" WEST ALONG THE. NORTH UNE THEREOF 10147 FEET; THENCE SOUTH 0P 43' I WEST477.17 FEET; HENCE SOUTH IA 59' 30" WEST 247.69 FEET ID THE TRUE POINT OF BEGIN/ONCE HENCE CONTINUING SOLON 17° 59' 30" WEST 151.00 FEET; THENCE SOUTH 71' 43' 40' PAST 203.51 FEET, THENCE NORTH I6" 28' Sr EAST 151.08 FEET; THENCE NORT171° 43. 40' WEST 19933 FEET TOTE TRUE POINT OF BFANNNQ EXCEPTING THEREFROM THE COUNTY ROAD. AND TOGETHER WITH ALL OF GOVERNMENT LOT FIVE (5). AND THAT PORTION OF GOVERNMENT LOT SIX (6) LYING FAST/ILLY OF THE EXISTING COUNTY ROAD WHICH EXTENDS IN A NORTHEASTERLY DII(EG 11C9NOVER AND ACROSS SAm GOVERNMENT' LOT6• ALL IN SECTION 35, TOWNSHIP 23 NORTH RANGEWEAST. W.M; EXCEPTTEREFROM THAT PORTION OF SAID GOVFANMENT.LUT 6, LYING EASIERLYDF SAID ROAD AND I W SO(YDESTERLY OF A LINE DESCRIBED AS FOLLOWS: RE9BHNING AT A POINT ON TE SOUTHEASTERLY MARGIN QF.SAID ROAD WHICH WONT IS MARRED BY AN [Row PIPE, AND FROM WHICH POINT SOUTHWEST CORNER OF SAID GOVFRNOAENT LOT6 BEARS SOUTH oo' Sr 10" WEST313.17 FEET, AND NORTHd9` 01''S0'; WEST505.54 FELT. SAD) DISTANCES BEING MEASURED,RESPECIIYP.LY, AT RIGHT ANGIFS TU AND AIDNO ME SOUTH BOUNDARY UNE OF SAID GOVERNMENT LOT; AND RUNNING TIENCFSOUTH 6T 36:00" FAST 380.45 FEET TO AN IRON PIPE; TIENCQCONIINUNG SOUTH 6T 36' or.:PAST 50 FEET•MORE OR LESS, ID THE BANK OF THE GREEN RIVER. , . .. AND 7OG017104 NITM THAT POR7GN OF GOVERNMENT LOT2, IN SECTION 35, TOWNSHIP 23 NORTH RANGE 4 FAST, W.M., LYING WEST MOW GREEN RNE'R. EXCEPT COMM ROAD AND EXCEPTTHAT PORTION OF XALD GOVERNMENT LOT DEDICATED TOME CITY OFTIOILWILA BY DEED OI9006DED UNDRAVDITOKS FILENci. 6466096, DA)F0 AINH:11, 1968. LEGALDFSCROPTION: T. L 119 (LOT 2, TUKWD.A SY.' BL4.R-.T9, REV. ILA WON) THAT PORTION OF THE SOUTHWEST QUARTER OF TIE NORTIEAST,QQARTER AND GOVERNMENT LOT 2 IN SECTION 35. TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN LIN COUNTY, WASHINGTON, DESCRIED AS FOLLOWS: • COMMENCING AT THE NORTHWEST CORNER OF ME 50UiWNEIT. QUARTER OF ..THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH FJ° 50' 09" EAST AIANQ:DIE NORTH LINE THEREOF, 449.30 FEET; THENCE SOUTH 02. 09' 51" WEST, 36.00 FEET TITHE SOUTH MARGIN OF SOUTH 180"4 STREET; THENCE SOUTH 8T 50' 09' EAST ALONG SAD' SOUTH MARGIN, 947.68 FEET TO THE TRUE POI2' OF BEGINNING; THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH, 02° 09' 51" WEST, HAVING A RADRAS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 84° 24' 55", AN ARC DISTANCE OF 73.67 FEET, THENCE SOUTH OT 44' 56" WEST, 8780E FEET THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2,530.00 FEET THROUGH A CENTRAL ANGLE OF 0P 2T 01", AN ARC DISTANCE OF 373.14 FEET; THENCE NORTH 8T 56' 03" WEST ALONG THE SOUTH UNE OF SAID SUBDIVISION. 61.91 FEET; THENCE NORTHERLY ALONG A CURVE TOTE LEFT, THE CENTER OF WHICH BEARS NORTH 73° 27'; 01" WEST, HAVING A RADIUS OF 2470.00 FEET THROUGH A CENTRAL ANGLE OF 09 24' 28", AN ARC DISTANCE OF 146.91 FEET, THENCE NORTH 69' 15' 0r WEST, 5531 FEET; THENCE NORTH 30° 55' 15" WEST. 5239 FEET; THENCE NORTH 82° IF 0P WEST, 117.64 FEET; THENCE SOUTH OP 44' 56" WEST. 4823 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 477.47 FEET TROUGH A CENTRAL ANGLE OF 13° 00' 00', AN ARC DISTANCE OF 108.33 FEET; THENCE SOUTH 20° 44. 56" WEST, 74.83 FEET T'O A POINT ON THE SOUTH LINE OF SAID SUBDIVISION; THENCE NORTH 87. 56' 03" WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION, 742.76 FEET; THENCE NORTH IT 28' 13" EAST, 156.90 FEET, THENCE NORTH 8T 50' 09^ WEST, 210.53 FEET; THENCE SOUTH 1T 28' IT WEST, 393.90 FEET; THENCE NORTH 70. 4r 48" WEST, 2327 FEET TO A POINT ON THE WEST LINE OF SAID SUBDIVISION; THENCE NORTH O2° 24' 12" EAST ALONG THE WEST LINE OF SAID SUBDIVISION. 46723 FEET; THENCE NORTH 88° 02' 37" EAST, 26.17 FEET; THENCE SOTJ111 87° 50' D9" EAST, 424.69 FEET; THENCE SOUTH 02° 09' 5r WEST, 36.00 FEET; THENCE SOUTH 8T 50' 09' EAST, 80176 FEET; THENCE NORTH 07° 44' 56" EASE. 34656 FEET: THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.0I1 FEET THROUGH A CENTRAL ANGLE OF 99 39 05""', AN ARC DISTANCE OF 83.41 FEET TO A POINT' ON THE SOUTH MARGIN OF SOUTH 180 STREET; 174NCE SOUTH Sr 50' 09" EAST AIANG SAD SOUTH MARGIN, 160.76 FEET TO THE TRUE POINT OFBEGINNING. LEGAL DFSCRIPIl0Ni TAX LOT 18- THAT PORTION OF THE ABANDONED BED OF THE GREEN RIVER WHICH ADJOINS AND LIES BETWEEN THE SOUTHERLY EXTENSIONS OF THE SOUTHWESTERLY AND EASTERLY LINES OF LOT 4 OF CT' OF TUKWILA SHORT PLAT NO.85-19S0 RECORDED UNDER KING COUNTY RECORDING NO. 8505090619, AND LIES NORTHERLY OF SAID RIVER: TOGETHER WEIN THAT PORTION OF GOVERNMENT LOT 2 AND OF THE ABANDONED BED OFTEN GREEN RIVER, WHICH ADJXNS, LYING SOUTHERLY OF SOUTH 180'" STREET, WESTERLY OF THE GREEN RIVER AND EASTERLY OF tor 4 OFCHY OF TUKWI A BOUNDARY 1.NE ADJUSTMENT NO. 93-0085, RECORDED UNDER KING COUNTY RECORDING NO.9311301961; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 6, WHICH LIES EASTERLY OF AND ....ADJOINS LOT 1 OF CITY OF TUK WILA SHORT PLAT NO.8SI9-S5, RECORDED UNDER KING COUN'I'V RECORDING NO.6505090619; AND 70GJITIER W7TN THAT PORTION OF GOVERNMENT LOT 5 AND OF THE ABANDONED BED O7.3' E GREEN RIVER ADJOINING WHICH LIES SOUTHERLY OF SAID LOT 40FTHE .J80614DARY LINE AOS!110TT1ENT, EASTERLY OF LOT 1 OF SAID SHORT P1AT AND NORTHERLY 0P71E GREW/LIVER; ALL IN SECTION 35, TOWNSFOP 23 NORTH, RANGE 4 : AXC$PTT NET PORTION THEREOF DESLRINEG AS FOLLOWS: BP(HNNNG AT A MONUMENT ATM NORTHEAST CORNER OF THE SOUHIWEST '/4OF DIE NORTHEAST Y,.(!F SECTION 3A:TOWNSHIP 23 NORTH, RANGE 4 EAST; THENCE SOU1H -,'97° 44' 56° WEST956.67NEET TO A P0HfT OF'CURVE; THENCE ALONG A CURVE TO THE RIOT HAVING A RAMEIS OF'3100.00 EEO -THROWN A CENTRAL ANGLE OF 05° 22' 20" AND ARC DISTANCAIM 234:41 FEET; THENCE NORTH 69° 15' 04" WEST 55.31 FEET; THENCE :NORTH 30° 58r IS":WEST06.43 FEET, PENCE NORTH Sr 15' 0r WEST 18524 FEET; THENCE SOU11107' 14' 36° WESD5123 FEEIV O14ENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS.00 447.47 FEET THROUGH'A CENIRALANGIE.OF.13' 00' 00' AND ARC DISTANCE:'': OF 10803 FEET, TIERCE SO1DH'20° 44' S6". APE'ST 396.00 FEET; 2 10710E SOUTH 69° 15' IN<: EAST.580.00 FEET;YIENCE SOUTH 20.° 41' 56" WEST 15.10 FEET; THENCE SOUTH 69° 16:474" EASY 85.77 FEET; THENCE l4ION0 ACURVE TO THE LEFT HAVING ARADRIS OF 2470.011:.. FEET THROUGH A CENIKAL ANGIE OF 1922' Ij"AN'ARC DISTANCT[ OF 576.38 FEET TO . . :TIE TRUE -POINT OF BE0I NNIN0OF SAID EXbVPTION; SITUAT'E.IN THE CITY -OF IUILWIL A, COUN70 OF KING. 5TAl'A OF WANI NGTON. LEGALDE9CRBYION: .. T. L 36(LOT3, TUKWILA SIL85-19-SS) • THAT PORTION OF 00VERNMENTI.OA6 IN SECTION05. TOWNSHIP 23 NORTH, RANGE 477.17 PEET; THENCESOUHIZ"59'30"WEST 247.69 FEEI'TOTHE TRUE POINT OF EAST, W.M, IN KING COUNTY, WASHIN92TONI DESCRIBED AS5OILOWS:. ' IETINNINQ THENCE CONTINUING SOUTH IT 59' 30' WEST 151.00 FEET, THENCE SOUTH •71° 43' 40" EAST 203.51 FEES: THENCE NORTH 1921EN ' 50" EAST 151. TH 08 FEET; THENCE NORTH COMMENCING AT THE NORTHEAST CORNER OF SAID 00T7FRNMENT LOT 6: THENI:E _ -- ..'..71°43'40. WEST 199.53 PINT TOTE'2RUE POINT OF BEGINNING; SOUOY 24' 12" WEST A1ANG THE EAST LINE THEREOF, 560:49 FEET TOTHEPOWTOF .'.. . ;AND EXCEPFXHAT PORTION INCLINED WITHIN LOT 1 OF THE CITY OF TUKWI A SHORT BEGINNING; THENCE CONITNUING SOUFHP 02.24' 12" WEST ALONG SAID EASTI.INE 515.49:,. " PLAT NG. -19-SS, CORDED ER ING COl1NIY CORDING N0 .6505099, FEET; THENCE NORTH 64° 56' 26-WEST, 782.80 FEET TO THE SOUT EASTERLYN1ARGIN OF SfR/ATEINR3TIE (7WREOF TUCW(LA,UNDCOMKIY OF KING, RESTATE OP WASIINQION.061 TNT, ANNA MESS COUNTY ROAD (57. AVENUE. SOIU1H1'IHENCE NORTH 29 01' 3',P.'.EAST -._ _ ALONG SAID ROAD MARGIN, 511.39 FEET; THENCE SOUTHEASTERLY ALONG A CURY1TG THE LENT, THE CENTER OF WHICH BEARS SOUTH 64. 58' 28" EAST, HAVING A RADIUS OF 50 FEET11II000H A CENTRAL ANGLE OF 91° 32' S9" AN ARC DISTANCE OF 'A.19 FEET; THENCE SOIUTH66. 31' 27" EAST, 53336 FEET TOTE POINT OF BEGINNING. LEGAL DINCRRTON: T. L 115 (LOT 2, T21KWD,A S.P. 85.1934) THAT PORTION OF GOVERNMENT LOT 6IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTDN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 6; THENCE. NORTH 87° 56' 03" WEST ALONG THE NORTH UNE THEREOF, 134.49 FEET TO THE POINT OF BEGINNING; THENCE SO7111 1 T 28' IT WEST, 47652 FEET; THENCE NORTH 6931. 28" WEST, 256.19 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50 FEET, THROUGH A CENTRAL ANGLE OF 91. 32' 50" AN ARC DISTANCE OF 79.89 FEET TO THE SOUTHEASTERLY MARGIN OF ANNA MESS COUNTY ROAD (57'. AVENUE SOUTH); THENCE. NORTH 25' 0I' 18" EAST ALONG SAID ROAD MARGIN 32551 FEET TO THE NORTH LINE OF SAID GOVERNMENT LOT 6; THENCE SOU11117° 56' 03" EAST RANG SAID NORTH LINE, 266.17 FEET TOTE POINT OF BEGINNING LEGAL DESCRIPTION: TAX LOT 11S- MCAT BOSCRIPITON: • T. L 116 (2O1'.4 TIKWIA S.P. 85-1988) THAT PORTION OP.GOVERNMENT LOT 6IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST,'IV.M.IN KNG:COLNTY, WASH INGTON, DESCRIBED AS FOLLOWS: C0 MNEkING AT3I POINL:WHICO WAS'ORIGINAL.Y MARKED BY AN EON PIPE, ON THE • SOUIW.ASIERI °AMARGIN OF THE. ANTRA MESS COWRY ROAD (57". AVENUE SOUTH) AND FROM WHICH POINT THESODTIIWOST CORNER OF -THE SAID GOVERNMENT TAT 6 BEARS ..1K11UTHI O2° 02' 43" WEST, 313.17 FEET AND NORTH 87° ST 1/ /EST, 505.54 FEET, SAID '... DjST-ANCES BEING MEASURED, RESPECITVELY, AT RJGHT.OINGLES TO AND NANO THE SOUTH ObuNDANi LINE OF SAID GOVERNMENT LOT; THENCE NORT1169 31. 59" WEST, 1.64 I'TETTO TINSOU HEASTERLY MORON OF SAID COUNTY ROAD AS IT EXISTS, AND ..,.. THE POITOFBEGINNI'Q,'T NCE N0R1f125°01' 32"OAST MONO SAID BOADMAROIN•., 256.42 FEENINENCE SOUTH 64°58'28!"6AST PERFENDICUTAII TO SAID ROAD MARGIN, 78160 FEFT:IDTHE EAST UNE OF SAID GOVERNMENT LO1'Ii; THENCE SOUTH 02° 24' 12" WEST AIOMLSAID EAST LINE, 17.01 FEET TO THE NORTH LINE OF A4I:600'CQNIROL EASTMENT ANpRIGM'OF-RAT AS DEFINEDN KING-CGPINIY RESOLUTION NOT. 31833 AS RECORDED UNDEI0AUDITCC& FILENO6.6014672 AND6027015; THENCE WESTERLY ALONG SAID RIGHTOF-WAY:IINE OF THE FOLLOWING 00005ES, ALONG A f.6 RVE TO THE LEFT, THE CENTER OF WHICIOBFARS SOlf1I113° 01' 38°WE-ST, HAVIN.CIA RADICLE* 1,600.00 FEET, THROUGH A CENTRAL ANGLE QB07° 30' 44", AN ARC DISTANCE OF 209,7E FEET; THENCE ALONG ANOTHER CURVE TOTHE LEFT, HAVING A RATITES OF 420.O0FEET, THE CENTER OF WHICH BEARS SOIJI'H OC27' 06" WEST9ICOUGH A CENTRAL ARRIVE OF 19° 43' 36" AN ARC DISTANCE OF 14.61 FEET; THENCE SOUTH 74° 43,2r WEST, 157.00 FEET_ TO A POINT FROM WHICH THE POIT OF BEGINNING BEARS N0R19046° 31' ST WEST, 11E4LE NORTH 66.31' 59" WEST. 343.91 FEET TO TIE POIM'OF1EGIWIXG:.' • • THAT PORTION OF THE SOUTHEAST 39 OF THE NORTHWEST'A OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF SOUITI:EN7ER PARKWAY (57"' AVENUE. SOUTH); EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE. FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1.0F THE NORTHEAST'''44 OF SAID SECTION 35; THENCE ALONG THE NORTH UNE THEREOF SOUTH 88° 54' 46 EAST 247.29 FEET; THENCE SOUTH 09 51' 40" EAST 14126 FEET; THENCE SOUTH 54° 52' 45^ WEST 203.79 FEET; THENCE SOUTH 29° 26' 45" WEST 159.30 FEET; THENCE SOUTH 8.9 58' OO" WEST 103.76 FEET; THENCE SOUTH 58° 20' 50' WEST 100.50 FEET TO A POINT ON THE CENTER OF THE ROAD:TE.NCE FDI.LOWINO THE CENTER LINE OF SAID ROAD NORTH 08° 43' I EAST 467.77 FEET TO A POINT ON TIE NORTH LINE OF THE SOUTHEAST % OF THE NORTHWEST''44 OF SAID SECTION FROM W WCH THE NORTHEAST CORNER THEREOF BEARS SOIDH EB° 53' -•'J1E EAST 101.47 FEET; THENCE SOUTH Sr 53' 3T' EAST 101.47 FEET TO TFE TRUE POINT OF BEGINNINQ:. ANDFXCEPTTHAT PORTION DESCRIBED AS FOI"LOWS: . ARGINNING AT THE NORTHEAST CORNER OF,BND SUBNVISION; HENCE NORTH 88° 53' 32.101(157 ALONG GTE NORTH I.IL1 TIEREOF101.47 FEET, THENCE SOWN 08° 43' IV WEST CADFILE NAME' LLASBP. DWG SURVEYOR'S CERTIFICATION( This mop correctly represents o survey node by me or under my dlrect1on In accordance with the requirements of the Survey Recording Act, ,� at the ./ request .�o5f.�1&,4,v%d C///.Y FA7 /i4"/.( l' /wY this /� doy of t/o , 19 OP-97 . 666000ING CERTIFICATE' REC. NO. Filed for record this 19 at Vo lune_„ of surveys, page _ at the request of Michael G. MIx. G ,�A Oh/ MANAGER SUPT. OF RECORDS ▪ t.A•.PIANTA LIh�ITE-➢'..PARTNERSH , TUKWS�A, WA:: 206-575-01500 41/4L 1' F 200' ah' 1/7/99 TOR' C OF Ti1KW I LA BOUNDARY'LINE ADJUSTMENT NO:: OD TOIL " SEGALE BUSINESS PAkK EXISTING LOT LEGAL DESCRIPTIONS sera .q 8» 'I 000611G161Oe 201S4P-1/99 ffi '_ - NPR2920111 COMMUNIT!kr�E` DEVELOPpiT BOUNDARY LINE C .)JUSTMENT OR LOT CONSOLIDATION APPLICATION CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 SouthcenterBoulevard. Tukwila, WA 98188 Telephone: (206) 431.3680 Q4 17) City* Tukwila. WA Zip: 98138 Phone: 575-2000 Signature:,es*-7,r 931130.1%t 12:19:00 PM KIDS COUNTY RECORDS 010 JD 0 FOR STAFF USE ONLY N201- P a ?—O (Q Planner. Vow oAt L- i 1;' v File Number: ?3 ' O D 8 Cross-reference Files: APPLICANT SEGALE BUSINESS PARK DgppruEttr pF aCSFCSIBTORI ma,cd and approved Name: �p 35Z 304- -`to` Address: P.O. Box 88050 rQ'� LOCATION Street Address: 62xx S. 180th Street Tukwila, WA 98188 Date: Zxs/rt If vacant, indicate lot(s), block and subdivision; or tax lot number, access street, and nearest intersection. NE PARCELS Zoning District Existing Use Proposed Use Proposed Lot Size QUARTER 35 SECTION 23 TOWNSHIP 4 RANGE 1-3 M-2 M-2' M-2 M-2 M-2 M-2 M-2 M-2 OFFeC.er lociew-a$- orF(c.e" t14 boS reiA t- 12crrALL GPFrGC inrDUS 7.-ia oil L 705'7-i-.76T6' 95,21537,C `3,2?,74c,1l 362,g76,as- DATE OF LAST PLAT: j.;,a AC. 1986 2I,67Ac- 7.S7.0 O BOUNDAR' .INE ADJUSTMENT/LOT CONS( IDATION CITY OF TUKWILA, WASHINGTON FILE NO. LEGAL DESCRIPTIONS BEFORE THE ADJUSTMENT: See attached Legal Descriptions "existing". AFTER THE ADJUSTMENT: See attached Legal Descriptions "proposed". Filed for record at the request of. P, ,4 . Ce-C,11G cc - NAME APPROVAL Department of Community Development. Examined and a,roved 0-cr day o�ci ,19.. Director, Dept of Community Development Dept of Public Works: Examined and approved this day of /Uei�ea,C?e re. l• QyL G� < ,19W irector, Dept of Public Works Return to: Dept. of Community Development Planning Division City of'Iudtwila 6300 Southcenter Boulevard Tukwila, Washington 98188 Page f of__L� G - /800490 J'O9 I '4 :9 4v MAP /f°AA%/ doo Zo/.G/ 4Od/9iSE ex 7S Sol°pp ' 20,O,J' aor,27 i r 2 Gov,, 2o71s "2.23 Land Surveyor's Certificate: This Boundary Line Adjustment/Lot Consolidation correctly represents a survey made by me or under. my direction in conformance with the requirements of appropriate State statute. Name: /// /G-f1�' . G.. /22/X Date: N4V. /1 i Certificate No. /5'173 3 Map on File Direction: Scale: Stamp: A lot consolidation does not require a survey of the perimeter unless the lines are adjusted. Page 1. - /;ii: r lfil61.0 /'=- 200' /P °01:97 2- ,� 86./7 Sd7°,,o'a9 "E NJ I, I"- 20o' Witt cae,ilF.e /.� 4 NE% h E,YCEPT/o�✓ l� ti MAP • ,t/E to evEe J 23-1� �84 ?D;RPEryr 5','% ✓O O9 <.E , , a�tl5lo [ / a /4-Flr /(/neiy t 4 ,` ill r�Mr� t 1 / iJ ( f l0 Land Surveyor's Certificate: This Boundary Line Adjustment/Lot Consolidation correctly represents a survey made by me or undermy direction in conformance with the requirementsemof a�p ropriateStatestatute. ' Name: / 6 ?iE . 6-^// /!X Date• . /9. / ? Certificate No. / '�O 3 . A lot consolidation does not require a survey of the perimeter unless the Lines are adjusted. 0 472°/ %V 7511./ ss3i EXC6PT4t/- /17JZ /s'lAi; 7B011205'7o /✓d7:sZb3 Map on Pile Direction: Scale: Stamp: 9311301961 AFFIDAVIT OF OWNERSHIP DECLARATION: Know all men by these presents that we, the undersigned, owner(s) in fee simple and/or contract purchaser(s) of the land herein described do hereby make an application for a boundary line ad- justment/lot consolidation thereof. The undersigned further declare that the attached map is the graphic representation of said boundary line adjustment/lot consolidation and the same is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we have set our ands and seals. Namel7y� Name: Name: Name: Name: — Name: Name: Name: STATE OF WASHINGTON County of Icing LL ?? On this day personally appeared before me JAB-u-r}' i/ • to me known to be the individual described in and who execut strument, and acknowledge that ,-/eo signed the same as deed, for the uses and purposes therein mentioned. GIVEN under my hand and offidal seal this ,: i day of �%lorc- .law ,19 �, tit-- within and foregoing in - free and voluntary act and Notary Publi in and for fate of Washington, residing at AL s ', 6e/4 • STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing in- strument, and acknowledge that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and offidal seal this day of ,19_ Notary Public in and for the State of Washington, residing at Page + of ID .� 25 X LEGAL DESCRIPTION (TOTAL PARCELS) That portion of the Southwest quarter of the Northeast quarter and Government Lot 2 of Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, lying southerly of the south margin of South 100th Street, as entabliehed by Deed re- corded under King County Recording No. 6406096t EXCEPT that portion thereof, described as follows: BEGINNING at the Northwest corner of the acid Southwest quarter of the Northeast quarter of said Section; thence along the North line thereof South 00°54'4G" East, 449.30 feet; thence South 01°05'14" West, 401.77 feet; thence North 88°54'46" Went, 424.89 feet; thence South 00°54'00" West to the Went line of said Southwest quarter of the Northeast quarter; thence Northerly along said West line to the POINT OF,DEGINNING. AND EXCEPT that portion therof lying within the following described property: COMMENCING at a mounument at the Northeast corner of the said South- west quarter of the Northeast quarter; thence South 07'44'56" Weet, 956.67 feet to a point of curve; thence along a curve to the right having a racliur. of 2,500.00 feet through a central angle of 05°22'20, an arc distance of 234.41 feet; thence North 76'52'44" Weat 30.00 feet to the TRUE POINT OF BEGINNING thence North 69°15'04" West 55.31 feet; thence North 30'55'15" West 52.59 feet; thence North 82°15'04" Wcr.t 107.64 feet; thence South 07°44'56" West 48.23 feet to a point of curve; thence along n curve to the right having a radius of 477.4G5 feet, through a central angle of 13°00'00" an arc MIdistance of 100.33 feet; thence South 20°44'56" West 399.00 feet; fT! thence South 69'15'04" East 100.00 feet; thence South 20'44'56' Weet v4 12.00 feet; thence South 69°15'04" East 85.77 feet; thence along a curve to the left, whose center bear° North 63'30'32" Weet, having CO n radiun of 2,470.00 feet, through a central angle of 13'22'12' an v4 arc ciintnnce of 576.30 feet to the TRUE POINT OF BEGINNING. f�'i AND F.XCrI'T 11cn1 portion of Lite Northweot and Northeast quarters of - a) rnid Section 35, more pnrti.cularly described as follows' neginnlnu nt the Southwest corner of said Northeast quarter of Section 35; 'thence Smith 07°56'03" F.nat along the South line thereof, 112.46 feet; thence North I7'20' 13" Enst, 856.90 feet; thence North 07°50'09", 210.53 feet; thence South 17°28'17" West, 393.90 feet; thence North 70'47'40" Weat, 35.02 feet; thence South 17°28'17" Weat, 474.00 feet to the South line of the said Northwest quarter, thence South 07'56'03" East along avid South line 134.49 feet to the POINT OF BEGINNING. TOGETHER WITII that portion of Government Lot 5 in said Section described as follows: Degining et the Southwest corner of Government Lot 2 in said section; thence South 87°56'03" East along the line common to Government Lots 2 and 5, 177.19 feet; thence South 09°03'25" West, 148.27 feet; thence South 06'44'45" Weat, 62.23 feet; thence North 66'154'09" Went, 330.39 feet; thence northerly along a curve to the left, the center of which bears North 71°16'17" West, having a radiuo of 2,530 feet through a central angle of o2'31'46", an arc distance of 111.70 feet to the said line between the government Iota; thence South 07°56'03" East along 'laid common line, 133.76 feet to the POINT OF BEGINNING. SUBJECT to easements for sidewalks and. utilities over the 15 feet adjacent to the 60 foot access easement as said 15 feet is deecribed under Auditor's File Nos.7706270292, 7709290323 and 8001140093. SUBJECT to easements for buildingsetback lines as recorded under Auditor's File No6.770920323, 7910150870 and 8001140093. SUBJECT to easements for railraod access and storage as recorded under Auditor's fill Nos.7706270292, 7709290323, 7910150870 and 8001140043. SUBJECT to a 10 foot easement for power transmission and/or • distribution as recorded under Auditors File No.8305270544. Page_ 5 of 10 0 9311301961 LEGAL DESCRIPTION (LOT 2) Existing That portion of the southwest quarter of the northeast quarter and Government Lot 2 in Section 35, Township 23 North, Rang 4 East, W.M. in King County, Washington, described as follows: COMMENCING at the northwest corner of the southweet quarter of the northeast quarter of the said section; thence South 87°50'09" East along the north line thereof, 449.30 feet; thence South 02°09'51" West, 36.0 feet to the South margin of South 100th Street and the TIIUE POINT OF BEGINNING: thence South 07°50'09" East along said South margin, 947.68 feet; thence southwesterly along a curve to the left, the center of which bears South 02°09'51" West, having a radius of 50 feet through a central angle of 04°24'55", an arc distance of 73.67 feet; thence South 07°44'56" West, 267.01 feet; thence North 75°05'56" East, 75.10 feet; thence along a curve to the left having a radius of 409.26 feet, through a central angle of 58°14'17", an arc distance of 415.99 feet to a point of com- pound curve; thence along a curve to the left having a radius of 572.96 feet through a central angle of 00°25'39", an arc distance of 4.20 feet to the south margin of said South 180th Street; thence northeasterly along said margin on a curve to the left the center of which bears North 03°56'50" West, having a radius of 336 feet, through a central angle of 16°23'31", an arc distance of 96.13 feet; thence South 36°31'53" West, 135.86 feet; thence along a curve to the left having a radius of 430 feet through a central angle of 14°28'22", an arc dis- tance of 100.63 feet; thence South 22°03'26" West, 34.20 feet; thence along a curve to the left having a radius of 800 feet through a central angle of 05°38'45", an arc distance of 78.83 feet; thence South 60°15'41" West, 89.08 feet; thence along a curve to the right having a radius of 241.24 feet through a central angle of 31°29'15", an arc distance of 132.58 feet; thence North 88°15'04" West, 85.36 feet; thence South 07°44'56" West, 54G.97 feet: thence along a curve to the right having a radius of 2,530 feet through a central angle of 08°27'01", an arc distance of 373.14 feet: thence North 87°56'03" West, along the south line of the said subdivision 61.92 feet; thence northerly along a curve to the left, the center of which bears North 73°27'01" West, having a radius of 2,470 feet through a central angle of 03°25'44", an arc distance of 147.62 feet; thence North 69°15'04" West, 55.31 feet; thence North 30'55'15" Went, 52.59 feet; thence North 82°15'04" West, 187.64 feet; thence South 07°44'56" West 48.23 feet; thence along a curve to the right having a radius of 477.47 feet through a central angle of 13°Q0'00", an arc distance of 108.33 feet; thence South 20°44156" West, 74.03 feet; thence North 87°56'03" West along the said south eubdivieion lino, 742.76 feet; thence North 17°28'13" East, 056.90 feet; thence North 87°50'10" West, 210.53 feet; thence South 17°20'17" West, 393.90 feet; thence North 70°47'48" West, 23.27 feet; thence North 02°24'12" East along the west line of said subdivision, 467.23'feet; thence North 00.02'37" Eant, 26.17 feet; thence South 07'50'09" East, 424.09 feet; thence North 02°09'51" East, 365.77 feet to the TRUE POINT OF UEGINNING. • Containing: 1,323,5E15.02 sq.ft., 30.385 acres. 1 Page 7 of 10 LEGAL DESCRIPTION (LOT 3) Existing That portion of the southwest quarter of the northeast quarter and Government Lot 2 in Section 35, Twonship 23 North, Range 4 Cast, W.M. in King County, Washington described as follows: COMMENCING at the northeast corner of the southwest quarter of the northeast quarter of said section thence South 07'44' 56' West, 409.70 feet; thence South 02°15'04" East, 30.00 feet to the TRUE POINT OF BEGINNING; thence South 80'15'04" East, 05.36 feet; thence along a curve to the left having a radius of 241.24 feet through a central angle of 31'29'15" an arc distance of 132.50 feet; thence North 60'15'41' East, 09.00 feet to a point on a curve whose center bears South 73°35'20" East; thence southerly along said curve to the left having a radius of 000.00 feet through a central angle of 13°05'26", an arc distance of 102.79 feet, thence South 03° 19'15" West, 141.75 feet; thence along a curve to the right having a radius of 3,500.00 feet through a central angle of 03°41'20" an arc distance of 225.34 feet; thence South 07°00' rl 35" West, 20.00 feet; thence South 09'03'25" West, 210.13 '\) feet; thence North 02°15'11" West, 209.05 feet; thence northerly \_ along a curve to the left the center of which bears North 79' 31'39" West, having a radius of 2,530.00 feet through a central angle of 02°43'25", an arc distance of 120.27 feet; thence North 07"44'56"'East, 546.97 feet to the TRUE POINT OF BEGINNING. 9311301961 Containing: 190,426.32 sg. ft., 4.56 ac. LEGAL DESCIRIPTION (LOT 4) Existing That portion of the southwest quarter of the northeast quarter and Government Lots 2 and 5 all in Section 35, Township 23 North, Range 4 East, W.M. in King County, Washington described as follows: COMMENCING at the northeast corner of the southwest quarter of the northeast quarter of said section; thence South 07' 44'56" West, 956.67 feet; thence along a curve to the right having a radius of 2500 feet through a central angle of 02" 43'25", an arc distance of 110.04 feet; thence South 79°31'39" East, 30.00 feet to the TRUE POINT of OEGINNING, thence South �;li 02°15'11" East, 209.05 feet; thence South 09°03'25" West, 369.11 feet; thence South 06°44'45" West, 82.23 feet; thence North 66°54'09" West, 330.39 feet to a point of a curve whose center bears North 71°16'17" West; thence along said curve to the left leaving a radius of 2,530.00 feet through a central angle of 00°15'22", an arc distance of 364.96 feet to the TRUE POINT OF BEGINNING. Containing: 124,142.29 ng.ft., 2.05 acres. 931130196i LEGAL DESCRIPTION (Lot 1) Proposed That portion oE the southwest quarter of the northeast quarter and Government Lot 2 of Section 35, Township 23 North, Range 4 East, W.M. in King County, Washington, described as follows: COMMENCING at the northeast corner of the southwest quarter of the northeast quarter of said section; thence South 07° 44' S6" West a distance of 78.59 feet; thence South 82° 15' 04" East a distance of 30.0 feet to the TRUE POINT OF BEGINNING; thence northeasterly along a curve to the right, the center of which bears South 82° 15' 04" East having a radius of 50.0 feet through a central angle of 84° 24' 55", an arc distance of 73.67 feet; thence South 87° 50' 09" East, 237.03 feet; thence along a curve to the left having a radius of 336.00 feet through a central angle of 060 06' 46" an arc distance of 35.83 feet to a point on a curve whose center bears North 730 34' 06" West; thence along that curve to the right, having a radius of 572.96 feet through a central angle of 000 25' 39" an arc distance of 4.28 feet to a point of compound curve; thence along a curve to the right having a radius of 409.256 feet, through a central angle of 580 14' 17" an arc distance of 415.99 feet; thence South 750 05' 56" West a distance of 75.10 feet; thence North 07° 44' 56" East, 267.81 feet to the TRUE POINT OF BEGINNING. Containing: 70,593.97 SF or 1.62 Acres LEGAL DESCRIPTION (Lot 2) Proposed That portion of the southwest quarter of the northeast quarter and Government Lot 2 in Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: COMMENCING at the northwest corner of the southwest quarter of the northeast quarter of said Section 35; thence South 87° 50' 09" East along the North line thereof, 449.30 feet; thence South 020 09' 51" Nest, 36.00 feet to the South margin of South 180th Street; thence South 870 50' 09" East along said South margin, 947.68 feet to the TRUE POINT OF BEGINNING; thence southwesterly along a curve to the left, the center of which bears South 020 09' 51" West, having a radius of 50.00 feet through a central angle of 840 24' SS", an arc distance of 73.67 feet; thence South 070 44' 56" West, 878.08 feet; thence along a curve to the right having a radius of 2,530.00 feet through a central angle of 080 27' 01", an arc distance of 373.14 feet; thcncc North 870 56' 03" West along the South line of said subdivision, 61.92 feet; thence northerly along a curve to the left, the center of which bears North 730 27' 01" West, having a radius of 2,470.00 feet through a central angle of 030 25' 44", an arc distance of 147.82 feet; thence North 690 15' 04" West, 55.31 feet; thence North 300 55' 15" West, 52.59 feet; thence North 820 15' 04" West, 187.64 feet; thcncc South 070 44' 56" West, 48.23 feet; thcncc along a curve to the right having a radius of 477.47 feet through a central angle oE 13° 00'00", an arc distance of 108.33 feet; thence South 200 44' 56" West, 74.83 feet; thence North 87° 56' 03" West along the said South subdivision line, 742.76 feet; thence North 170 28' 13" East, 856.90 feet; thence North 870 S0' 10" West, 210.53 feet; thence South 170 28' 17" West, 393.90 feet; thence North 700 47' 48" West, 23.27 feet; thence North 020 24' 12" East along the West line of said subdivision, 467.23 feet; thence North 88° 02' 37" East, 26.17 feet; thence South 87° 50' 09" East, 424.89 feet; thence South 020 09' 51" West, 36.00 feet; thence South 870 S0' 09" East, 802.76 feet; thence North 070 44' 56" East, 348.56 feet; thence along a curve to the left having a radius of 50.00 feet through a central angle of 950 35' 0S", an arc distance of 83.41 feet to a point on the South margin of South 180th Street; thence South 870 50' 09" East along said South margin, 160.76 feet to the TRUE POINT OF BEGINNING. Containing" 952,518.57 SF or 21.87 Acres Page of 10 ) 9311301961 LEGAL DESCRIPTION (Lot 3) Proposed That portion of the southwest quarter of the northeast quarter of Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: COMMENCING at the northwest corner of the southwest quarter of the northeast quarter of said Section 35; thence South 870 50' 09" East along the North line thereof, 449.30 feet; thence South 02° 09' 51" West, 36.00 feet to the South margin of South 180th Street and ;tjic TRUE POINT OF BEGINNING; thence South 870 50' 09" Last along sad South margin, 786.92 feet; thence along a curve to the right having a radius of 50.00 feet through a central angle of 950 35' 05",-an arc distance of 83.41 feet; thence South 070 44' 56" West, 3406 feet; thence North 87° 50' 09" West, 802.76 feet; thence North 020 09' 51" East, 401.77 feet to the TRUE POINT OF BEGINNING. Containing: 329,742.15 SF or 7.57 Acres LEGAL DESCRIPTION (Lot 4) Proposed That portion of the southwest quarter of the northeast quarter and Government Lots 2 and 5 in Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: COMMENCING at the northeast corner of the southwest quarter of the northeast quarter of said Section 35; thence South 070 44' 56" West, 346.40 feet; thence South 82° I5' 04" East, 30.00 feet to the TRUE POINT OF BEGINNING; thence North 750 05' 56" East, 75.10 feet; thence along a curve to the left having a radius of 409.26 Feet through a central angle of 580 14' 17", an arc distance of 415.99 feet to a point of compound curve; thence along a curve to the left having a radius of 572.96 feet through a central angle of 000 25' 39", an arc distance of 4.28 feet to a point on the South margin of South 180th Street; thence northeasterly along said South margin on a curve to •the left the center of which bears North 030 S6' S0" West, having a radius of 336.00 feet through a central angle of 160 23' 31", an arc distance of 96.13 feet; thence South 360 31' 53" West, 135.86 feet; thence along a curve to the left having a radius of 430.00 feet through a central angle of 140 28' 22", an arc distance of 108.63 feet; thence South 220 03' 26" West, 34.28 feet; thence along a curve to the left having a radius of 800.00 feet through a central angle of 180 44' 11", an arc distance of 261.61 feet ; thence South 03° 19' 15" West, 141.75 feet; thence along a curve to the leFt having a radius of 3500.00 feet through a central angle of 03° 41' 20", an arc distance of 225.34 feet; thence South 070 00' 35" West, 20.08 feet; thence South 090 03' 25" West, 579.24 feet; thence South 06° 44' 45" West, 82.23 feet; thence North 66° 54' 09" West, 338.39 feet; thence in a northerly direction along a curve to the left the center of which bears North 710 16' 17" West, having a radius of 2530.00 feet through a central angle of 100 58' 47", an arc distance of 484.83 feet, thence North 070 44' 56" East, 610.27 feet to the TRUE POINT OF BEGINNING. Containing: 363,872.75 SF or 8.35 Acres Page 10 of 10 iLED tor Record at Request el Neffo3-241 • ,25 x g 0 8609081152 t5 ESMT LINE AF No. 2829202 /s'unur y ESM r AF. No.6405583 S. ISO r74sr. NE. CORNER /S'W 4 NE4 SEC. 35, r23 N //4 E (CASED M01'j 0 DErq/t S. /1'50.09'E. LRA/NAGE SYS rEM ESty r h AF. No. 6233535 a i 60'ACCESS tUT/LI7Y NOS. n ESMT, Af. /7507030075 O 7709290323 h1 7910150870 8505&g0Q I4o0906/9093 f 43 Syr N 1 0 157 03•.1 LOT b hi i Lp? 5.36 88'75'04 "E. N60'/5 4/"E 89.08'k. v:1 LOT 3 289, as, 82'/5'ii LOT :9• ti 0 J S36'3/'53"W 135. 86 ' 20 RR. ESMT. Af. Na. 750/270395 A44.2822„ +-- R = 430.00' /L • /08.63 ' -- S. 22' 03'Z6"W. / 34. 28' d./3'0526" R=800.00' l •/82.78' S87'S0 09 ', LOT 1 n9 R=' 3500200' DETAIL Lj 225.34' SO7'00'35"w. 20.08 CURVE DATA Q ti v 0 11) 0 0 /"■ 50' AO d•84°24'55" R = 50.00' L • 73.67' © a • /6'23'3/" R=336.00' L • 96.13' Q• 06'06'46" R= 336.00' L=35.85' 0 d=00425'39" R572.96' L = 4.28' Q 4 ' 05'38'45" R = 800. 00' L=78.83' FU Q. 3/'29'/5" R=241.24' L = /32. 58. SCALE : I "=200' Know all men by these presents that we, the undersigned, owners) !n fee simple and contract Durthaser(S) of the land herein destrtb.q do hereby -,ake a short subdivision te•cof pursuant to RCW 59.17.060 and acknowledge that said short subdivisinr shall not be further divided in any manner within a period of five )ears, from date of record, without the filing of a final plot. The undersigned further declare this short plat to be the ordphic representation of said short subdivision and thht same is made with the free consent nd in accordance with the desire of the owner(s). In witness whereof' we have set our hands and seals. tame Name Name Name Name Name CV r-- STATE OF WASHINGTON, r- County of On this daypersonallyappeared before me M ,i Q,' PP A cn- .c to me known to be the individual described in and who executed the with- in and foregoing instrument, and acknowledged that _kJ._. signed the some as ,> fzee and voluntary act and deed, for the uses and pur- poses therein mentioned. GIVEN under my hand and offic. p1 seal this t. 01"day of !t +1 , 19 d(, Notary PublicJin•and for the '6tate of Washington, residing at seal STATE OF WASHINGTON, County of On this day personally appeared before me to me known to be the individual described in and who executed the with- in and foregoing instrument, and acknowledged that signed the sane as free end voluntary act and deed, for the uses and pur- poses therein mentioned. GIVEN under my hand and official seal this seal day of . 19 Notary Public in and for the State of Washington, residing at ',hurt Plat Number Pace 4 of LEGAL DESCRIPTION (TOTAL PARCELS) That portion of the Southwest quarter of the Northeast quarter and Government Lot 2 of Suction 35, Township 23 North, Range 4 East, W.M., in King Cc•.nty, Washington, lying southerly of the south mergin of South 18oth Street, as established by Deed re- corded under King Ca my Recording No. 6486096: EXCEPT that portion thereof, described as tc lowst BEGINNING at the Northwest corner of the said Southwest quarter of the Northeast quarter of said Section; thence along the North line thereof South 88°54'46" East, 449.30 feet: thence South 01°05'14" West, 401.77 feet; thence North 88°54'46° West, 424.89 feet; thence South 88'54'00" West to the West line of said Southwest quarter of the Northeast quarter; thence Northerly along said West line to the POINT c.F BEGINNING. AND EXCEPT that portion therof lying within the following described property: COMMENCING at a mounument at the Northeast corner of the said South- west gunrt.er of the Northeast quarter; thence South 07°44'56" West, N 956.67 feet to a point of curve: thence alcng a curve to the right having a radius of 2,500.00 feet through a central angle of 05°22'20, Lf an arc distance of 234.41 feet; thence North 76°52'44" West 30.00 feet to thr TRUE POINT OF DEGINNING thence North 69°15'04" West 55.31 feet; thence North 30°55'15" West 52.59 feet; thence North r- 82'15'04" West 1R7.64 feet; thence South 07°44'56" West 48.23 feet x to a point of curve; thence along a curve to the right having a radius of 477.465 feet, through a central angle of 13'00'00" an arc dir:tnnee of 108.33 feet; thence South 20°44'56" West 399.00 feet; thence South 69"15'n4" Fast 180.00 feet; thence South 20°44'56" Weat 12.00 feet; thence South 69°15'04" East 85.77 feet; thence along a curve to the left, whose center bears North 63°30'32" West, having a radius of 7,470.00 feet, through a central angle of 13°22'12" an arc distance of 576.18 fret to the TRUE POINT OF BEGINNING. AND ExCEPT that Portion of the Northwest and Northeast quarters of spier Section 15, mare particularly described as follows: neginniee At the Southwest corner of said Northeast quarter of Section 35; then.•. S„i,th 81"56'01" Fast along the South line thereof, 112.46 feet; thence North 17"2R'13" East, 856.90 feet; thence North R7"',0'n9", 710.51 root; lhenre South 17'28'17" West, 393.90 feet; tile'icc North 10-47'4R'• West. 35.02 feet; thence South 17°28'17" West, 474.nn fret to the Smith line of the said Northwest quarter, thence South 87"56.01" East nlnng said South line 134.49 feet to the POINT or nEGINN1NC. TOGETHER WITH that portion of Government Lot 5 in said Section described as follows: Degining at the Southwest corner of Government Lot 2 in said section; thence South 87°56'03" East along the line common to Government Lots 2 and 5, 177.19 feet; thence South 09°03'25" West, 148.27 feet; thence South 06°44'45" West, 82.23 feet; thence North 66°54'09" west, '38.39 feet; thence northerly along a curve to the left, the center of which bears North 71°16'17" West, having a radius of 2,530 feet ttrough a central angle of o2°31'46", an arc distance of 111.70 feet to the said line between the government lots; thence South 87'56'03" East along said ccmmon line, 133.76 feet to the POINT OF BEGINNING. SUBJECT to easements for sidewalks and utilities over the 15 feet adjacent to the 60 foot access easement as said 15 feet is described under Auditor's File Nos.7706270292, 7709290323 and 8001140093. SUBJECT to easements for building set back lines as recorded under Auditor's File Nos.770920323, 7910150870 and 8001140093. SUBJECT to easements for railraod access and storage as recorded under Auditor's file Nos.7706270292, 7709290323, 7910150870 and 8001140093. SUBJECT to a 10 foot easement for power transmission and/or aistriuution as recorded under Auditors File No.8305270544. File No. 4224 8/6/86 LEGAL UE:iCR1I'T!ON (LOT 11 That portion of the southwest quarter of the northeast quarter and Government Lot 2 of Section 35, Township 23 North, Range 4 East, W.M. in King ounty, Washington described as follows: COMMENCING at the northeast corner of the southwest quarter of the northeast quarter of said section: thence South 07°44'56" west a distance of 78.59 feet; thence South 82'15'04' East a distance of 30.0 feet to the TRUE POINT OF 6EGINNINZ; thence northeasterly along a curve to the right, the center of which bears South 82°15'04" East having a radius of 50.0 feet through a Lentral angle of 84°24'55", an arc distance of 73.67 feet; thence South 87°50'09" East, 237.03 feet; thence along a curve to the left having a radius of. 336.00 feet through a central angle of 06°06'46" an arc distance of 35.83 feet to a point on a curve whose center bears North 73°34'06" best; thence along that curve to the right, having a radius of 572.96 feet through a central angle of 00°25'39" an arc distance of 4.28 feet to a point of compound curve; thence along a curve to the right hav- ing a radius of 409.256 feet, through a central angle of 58°14' 17" an arc distance of 415.99 feet; thence South 75°05'56" West a distance of 75.10 feet; thence North 07°44'56" East, 267.81 feet to the TRUE POINT OF BEGINNING. Containing: 70,593.97 sq.ft., 1.62 acres. File No. 4224-86 7/29/86 LEGAL DESCRIPTION II.OT 2) That portion of the southwest quarter of the northeast quarter and Government '.ot 2 in Section 35, Township 23 North, Rang 4 East, W.M. i King County, Washington, described as follows: COMMENCING at the northwest corner of the southwest quarter of the northeast quarter of the said section; thence South 87°50'09" East along the north line thereof, 449,30 feet; thence South 02°09'51" West, 36.0 feet to the South margin of South 180th Street and the TRUE POINT OF BEGIMINGt thence South 87°50'09" East along said South margin, 947.68 feet; thence southwesterly along a curve to the left, the center of which bears South 02°09'51" West, having a radius of 50 feet through a central angle of 84°24'55", an arc distance of 73.67 feet; thence South 07°44'56" West, 267.81 feet; thence North 75°05'56" East, 75.10 feet; thence along a curve to the left having a radius of 409.26 feet, through a central angle of 58°14'17", an arc distance of 415.99 feet to a point of com- pound curve; thence along a curve to the left having a radius of 572.96 feet through a central angle of 00°23'39", an arc distance of 4.28 feet to the south margin of said South 180th Street; thence northeasterly along said margin on a curve to • the left the center of which bears North 03°56'50" West, having T • a radius of 336 feet, through a central angle of 16°23'31", an arc distance of 96.13 feet; thence South 36°31'53" West, OC 135.86 feet; thence along a curve to the left having a radius of 430 feet through a central angle of 14°28'22", an arc dis- tance of 102.63 feet; thence South 22°03'26" West, 34.28 feet; C.. thence along a curve to the left having a radius of 800 feet through a central angle of 05°38'45", an arc distance of 78.83 feet; thence South 60°15'41" West, 89.08 feet; thence along a curve to the right having a radius of 241.24 feet through a central angle of 31°29'15", an arc distance of 132.58 feet; thence North 88°15'04" West, 85.36 feet; thence South 07°44'56" West, 546.97 feet; thence along a curve to the right having a radius of 2,530 feet through a central angle of 08°27'O1", an arc distance of 373.14 feet; thence North 87°56'03" West, along the south line of the said subdivision 61.92 feet; thence northerly along a curve to the left, the center of which bears North 73°27'01" West, having a radius of 2,470 feet through a central angle of 03°25'44", an arc distance of 147.82 feet; thence North 69°15'04" West, 55.31 feet; thence North 30°55'15" West, 52.59 feet; thence North 82°15'04" West, 1P7.64 feet; thence South 07°44'56" West 48.23 feet; thence along a curve to the right having a radius of 477.47 feet through a central angle of 13'06'00", an arc distance of 108.33 feet; thence South 20°44'56" West, 74.83 feet; thence North 87°56'03" West along the said south subdivision lir-, 742.76 feet; thence North 17°28'13" East, 856.90 feet; thence North 87°50'10" West, 210.53 feet; thence South 17°28'17" West, 393.90 feet; thence North 70°47'e8" West, 23.27 feet; thence North 02°24'12" East along the west line of said subdivision, 467.23 feet; thence North 88°02'37" East, 26.17 feet; thence South 87°50'09" East, 424.89 feet; thence North 02°09'51" East, 365.77 feet to the TRUE POINT OF BEGINNING. Containing: 1,323,585.02 sq.ft., 30.385 acres. File No. 4224-86 7/31/86 LEGAL DESCRIPTION (LOT 3.L That portion of th') southwest quarter of the northeast quarter and Government Lot 2 in Section 35, Toonship 23 Borth, Range 4 East, W.M. in Kin° County, Washington described as follows: COMMENCING at th, northeast corner of the southwest quarter of the northeast quarter of said section thence South 07°'14' 56" west, 409.7'U feet; thence South 82°15'04" East, 30.00 feet to the TRUE POINT OF BEGINNING: thence South E'3615'04" East, 85.36 feet; thence along a curve to the left having a radius of 241.24 feet through a central angle of 31°29'15" an arc distance of 132.58 feet; thence North 60°15'41" East, 89.08 feet to a point on a curve whose center bears South 73'35'20" East; thence southerly along said curve to the left having a radius of 800.00 feet tnrough a central angle of 13°05'26", an arc distance of 182.79 feet, thence South 03° 19'15" West, 141.75 feet; thence along a curve to the right having a radius of 3,500.00 feet through a central angle of 03°41'20" an arc distance of 225.34 feet; thence South 07°00' 35" West, 20.08 feet; thence South 09°03'25" West, 210.13 feet; thence North 82°15'11" West, 289.85 feet; thence northerly along a curve to the left the center of which bears North 79° 31'39" West, having a radius of 2,530.00 feet through a central angle of 02°43'25", an arc distance of 120.27 feet; thence North 07°44'56" East, 546.97 feet to the TRUE POINT OF BEGINNING. Containing: 198,426.32 sq. ft., 4.56 ac. LEGAL DESCRIPTION (LOT 4) That portion of the southwest quarter of the northeast quarter and Government Lots 2 and 5 all in Section 35, Township 23 North, Range 4 East, W.M. in King County, Washington described as follows: COMMENCING at the no t corner of the southwest quarter of the northeast q ar of said section; thence South 07° 44'56" west, 956.67 fe t; thence along a curve to the right having a radius of 2 00 feet through a central angle of 02° 43'25", an a-E- stance of 118.84 feet; thence South 79°31'39" East, 30.00 feetr/to the TRUE POINT OF BEGINNING, thence South 82°15'11" E e 289.85 feet: thence South 09°03'25" West, 369.1 ct; thence South 06°44'45" West, 82.23 feet; thence North 66' '09" West, 338.39 feet to a point of a curve whose center bears North 71°16'17" West; thence along said curve to the left having a radius of 2,530.00 feet through a central angle of"08°15'22", an arc distance of 364.25 feet to the TRUE POINT OF BEGINNING. C "taininq: 124,141.73 sq.ft., 2.85 acres. File No. 4224-86 Ins LEGAL DESCRIPTION (LOT 4) That portion o: the southwest quarter of the northeast qur:rter and Government: Lots 2 and 5 all in ..ctiou 35, Township 23 North, Ranee 4 East, W.M. in King County, Wa;.hingten described as follows: COMMENCING at the nortl., ast corner of the southwest quarter of the northeast quarter of said section; thence: South 07' 44'56" west, 956.67 feet; thence along a curve to the right having a radius of 2500 feet through a central ar31e of 02" 43'25", an arc distance of 118.84 feet; thence South 79"31'39" East, 30.00 feet to the TRUE POINT OF BEGINNING, thence South 82"1S'il" East, 289.35 feet; thence South 09'03'25" West, 369.11 feet; thence South 06'44'45" West, 82.23 feet; thence North 66'54'09" West, 338.39 feet to a point of a curve whose center burs North 71'16'17" West; thence along said curve to the left having a radius of 2,530.00 feet through a central angle of 08'15'22", an arc distance of 364.56 feet to the TRUE POINT OF BEGINNING. Containing: 124,142.29 ntl.ft., 2.85 acres. leZ v..{ rw File No. 42)4-86 7/7.9/gr Filed for Record at Request of Name sM_Lmajz.GALL.2aangluniN ss PA Address _Go ANN (NI No S P. O. Box 88p p City and State I A UtrASNINGTON 98138 LANDSCAPE EASEMENT A. MARIO A. SEGALE, A MARRIED MAN, ACTING WITH RESPECT TO HIS SEPARATE PROPERTY AND ESTATE, d/b/a SEGALE BUSINESS PARK ("Grantor -I, is the owner of that certain real, property located in King County, Washington and legally described as follows: King County Tax Parcel #352304-9018. B. MARIO A. SEGALE, A MARRIED MAN, ACTING WITH RESPECT TO HIS SEPARATO PROPERTY AND ESTATE. d/b/a SEGALE BUSINESS PARK ("Grantee'), is the owner of that certain real property located in King County, Washington and legally described as follows: 9403011033 Lot 4 of City of Tukwila Boundary Line Adjustment No. 93.0085, recorded under King Counts Auditor's File No. 931130.1961. 0 s C. Grantor desires to establish a landscape easement over portions of King County Tax Parcel #352304-9018 for the benefit of Lot 4. NOW THEREFORE. there are hereby created, declared and established, the following easements: 1. A nonexclusive easement is hereby reserved over the westerly ten (10) feet of King County Tax Parcel #352304-9018 as itadjoi s Lot 4 thereinafter the -Easement Area') for the purpose of providing landscaping to benefit Lot 4. 2. The easement hereby created and imposed upon King County Tax Parcel #352304- 9018 shall run with the land, and shall inure to the benefit of and be binding upon said King County Tax Parcel #352304-9018 and the owners thereof, and their heirs. successors and assigns. 3. All maintenance of the landscaping within the easement established herein shall be undertaken by Grantee, its hairs, successors and assigns. 4. Grantee, its heirs, successors and assigns shall save, defend indemnify and hold Grantor its heirs. successors and assigns harmless from all liability or damage arising out of any act or acts of Grantee within the easement area. IN WITNESS WHEREOF, this instrument has been executed this 1st day of March, 1994. Mario A. Segale, dlbla Segale Business Park STATE OF WASHINGTON COUNTY OF KING ) ss. EXCISE TAX NOT REQUIRED '-7King Co. Records Okhden Deputy On this clay personally appeared before me MARIO A. SEGALE, a married man dealing in his separate property and estate, d/b/a SEGALE BUSINESS PARK, known to me to be the Individual described in and who executed the foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. Dated: &'gneture al N Print or Stamp ame of Notary Notary Public in and f • r the State of Washington. residing at My commission expires 12-1 I5 9Z Lopearmadiai T nriost , iegale Green River File (017 Airport Way APR 2 9 2011 e-{ Mario Segale Party the 1f.`part, does hereby, in consideration of one dollar, in hand up paid, the receipt whereof is hereby acknowledged, GRANT to the County of King, a Municipal Corporation of the State of Washington, party of the second part, the right te construct and maintain a rip -rap bank protection and remove debris along the Left bank of Green River RIVER PROTECTION EASEMENT River, on the following described property: Tax Lot 55 COM 4Iui. r DEVELORAEi1T • Gov Lot 2, the S.W.i of the N.E.q and portion of the S.E.4 of the N.W. 3• lying ` a3tGryry o Aanlos- hw. , less Degin ing atpoint 9. J1J it. ilast oI the Northwest corner of the S.W.;,- of the N.E.4, thence S. 1° 05' 111." W., 401.77 ft. \thence ;i. Fr )4' 46' , 4l4.81 1T., thence S. t6" 58T uu' west, it3.(6 It., thence S. 58° 20' 50" W. to Easterly :margin of road, thence northerly along roaa to -North line o1 01 the N.N. , tnenee :ast to beginning, less beginning on easterly margin of Road 7214..86 ft.$outherly of north line of Subdivision, thence continuing southeriy iel ft., thence :,. 71643140" r.. 2u3.51 it., tnence N. 16°28'50" E. 151.08 ft., thence N. 71° 43' 40" W., 199.53 ft. to beginning, less uounty uoaa in 55, 'rwp. 23 N.x. 4 b.w.M. • Also any reasonable access necessary for River Improvement work. IN WITNESS WHEREOF the parties hereunto have subscribed their names and set their hands and seals on this day °e^ .-"/ STATE OF t1ASHINGTON) ss COUNTY OF KING This is tl certify that on this 7• i day of 1910 before me, the undersigned, a Notary Public in and for tho State of Washington, duly commissioned and sworn, personally camp • acknowledged to me that - he- signed and sealed tho same as V ins to mo known to bo the individual- who executed the within tr nt, and free and voluntary act and dood for the uses and purposes ther n mon ono . WITNESS my hand and seal the day and year- ii this certificate first above mentioned. CL:MM 7/20/60 i Naryin a_. G 19 hington, residir, or tho Stato of N O V 101960 1 Louie Segale Green River 18036 57th Ave. 3. RIVER iRO;ECiION EASEMENT Proj. 705-127-65 Kent, Wash. R/W 2 g # 260 THIS INDENTURE, made this 22ed day of April 1966 between Linke Segele Grantor, and King County, a legal subdivision of the State of Washington, Grantee: M WITNESSETH, that first party, in consideration of $1.00 receipt of which is acknowledged, and the benefits which wil r accrue to C* the land of Grantor by the exercise of the rights herein granted, do hereby remise, release and forever grant unto the Grantee, its successors and .. assigns, an easement end right-of-way for the purposes hereinafter stated w along the Left bank of Green River, within e strip of land 30 feet in width that is parallel to and landward of the top of the river bank as constructed or reconstructed on the following describ- ed property. T.L. 18 All of Gov Lot 5 in Section 35, Twp. 23 N.R. 4 E.W.M. T.L. 36 Portion of Gov Lot 6 lying East of County Road, less portion Southwesterly of line beginning on the Easterly margin of said Road 313.17 ft. north of the south line of Lot 6, thence 3. 67°361 East to White River. Said 30 foot Easement and right of way shall be confined and restricted to the alignment of the top of the bank, as shown on Drawing Numbered B-68-1, B-68-2, and B-68-3, on file at the King County Flood Control Office Said easement and right-of-way are for the following purposes: The right to enter upon the above described land to construct, reconstruct, maintain and repair a bank protection and/or other flood control works, including all appurtenances thereto, together with right to trim, cut, fell and remove all such trees, brush and other natural growth and obstruct- ' ions as are necessary to provide adequate clearance and to eliminate inter- ference with, or hazards to the structures. The consideration above mentioned, is accepted as full compensation to the exercise of the rights above granted. • To have and to hold, all and singular, the said easement and right- of-way, together with appurtenances, unto Grantee, its successors and assigns. IN WITNESS WHEREOF the Grantor hereunto set :end year above written. STATE OF WASHINGTON )ss COUNTY OF KING 0n this day appeared before me Grantor hand, the day Grantor Louis Segale to me known •o be the individual described in and who executed the foregoing instrument, and acknowraged to me that he signed the same as y� free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this 22a& day of Apt'fl 1966 Notary Public in end for the Sate of 'Washington, reeid n�/�d 48 impm4 Kurt MAY 111966-, , Notary Public 2 /10/64 CL:mpm MAY 11 1966- M. A. Segale 18010 57th South Kent, Washington 1 RIVER PROTECTION EASEMENT Proj.G770 N -127 65 THIS INDENTURE, made this 22nd day of April R/W 2259 1966 between Mario A. Segale Grantor, and -King County, a legal subdivision of the State of Washington, Grantee: WITNESSETH, that first party, in consideration of $1.00 receipt of which is acknowledged, and the benefits which will accrue to the land of Grantor by the exercise of the rights herein granted, do hereby remise, release and forever grant unto the Grantee, its successors and assigns, an easement and right-of-way for the purposes hereinafter stated along the Left bank of Greem River, within a strip of land 30 feet in width that is parallel to and landward of the top of the river bank as constructed or reconstructed on the following describ- ed property. T.L. 55 Gov Lot 2, the S.W.; of the N.E.} and portion of the S.E.* of the N.W.* lying Easterly of Ann Mess County Road, leas beginning at a point 449.50 ° feet East of the Northwest corner of the S.W.* of the N.E.}, thence 3.1° 05114" West, 401.77 ft., thence S. 88°5 '46" West, 424.89 ft., thence 3. 86°5 00 West, 103.76 ft., thence 3. 58°20150" West to Easterly margin of road, thence northerly along road to North line of S.E.; of the N.W.* thence East to beginning, leas beginning on easterly margin of Road 724.86 ft. Southerly of North line of Subdivision, thence continuing southerly 151 ft., thence 3. 71°4314.0" East 203.51 ft., thence N. 16°28150" East 151.08 ft., thence N. 71°43140" West, 199.53 ft. to beginning, less County Road in Section 35, Twp. 23 N.R. 4 E.W.M. Said 30 feet Easement and right of way shall be confined and restricted to the alignment of the top of the bank as shown on drawings Numbered B-68-1,- B. 68-2 and B-68-3 on file at the King County Flood Control Office Said easement and right-of-way are for the following purposes: The right to enter upon the above described land to construct, reconstruct, maintain and repair a bank protection and/or other flood control works, including ell appurtenances thereto, together with right to trim, cut, fell and remove all such trees, brush and other natural growth and obstruct- ions as are necessary to provide adequate clearance and to eliminate inter- ference with, or hazards to the structures. The consideration above mentioned, is accepted as full compensation to the exercise of the rights above granted. To have and to hold, all and singular, the said easement and right - .of -way, together with appurtenances, unto Grantee, its successors and assigns. IN WITNESS WHEREOF the Grantor hereunto set hie hand, the day and year above written. STATE OF WASHINGTON ass COUNTY OF KING 0n this day appeared before me Grantor Mario A. Segale to me known be the individual described in and who executed the foregoing instrument, and acknowledged to me that he signed the same as hip free end voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this 22nd day of April 1966 in and for the State of Washington, residing fly Kent 9108210298 R LL'.:.0 ftii. L'u ►MAri PZ:„,,art TAPR 2 9 20111 File No. 6-1991-006 COMMUNI r t AUGL i I I fl i,!1 '91 DEVELOP1r E?JT XX RIVER PROTECTION EASEMENT ASSIGNMENT AS TENANTS IN COMMON WHEREAS, King County, a legal subdivision of the State of Washington was granted River Protection Easements by MARIO A. SEGALE and LOUIS SEGALE in documents duly recorded and identified under King County recording No. 6027016 recorded May 11, 1966 and recording No. 6027013 recorded May 11, 1966 for the area described in Exhibits A and B, for the following rights and purposes: "to enter upon the above described land to construct, reconstruct, maintain and repair a bank protection and/or other flood control works, including all appurtenances thereto, together with right to trim, cut, fell and remove all such trees, brush and other natural growth and obstructions as are necessary to provide adequate clearance and to eliminate interference with, or hazards to the structures." and, WHEREAS, to promote and advance the purpose of the River Protection Easements described above, King County has determined that all the rights and responsibilities granted to King County in the River Protection Easements should be held by King County, the City of Tukwila, Washington and the Green River Flood Control Zone District as tenants in common; THEREFORE, to benefit the purpose of the easements and for valuable consideration, King County does hereby assign, as tenants in common with itself, to the City of Tukwila, Washington and the Green River Flood Control Zone District, all the rights and responsibilities granted to King ('niutty in the above identified River Protection Easements and as described in Exhibits A and II. No party shall take any action on the described easements that would injuriously affect. or render the easements appreciably Tess convenient and useful to any one of the other tenants in common. Dated this �Pi day of Filed For Record At The Request 0f JE USSANCH For 9y�pg�21 1�0298 e King County Real Property Division f(INGCOUNEXE TYCUTIYE)RECD F .00 (Title) CR�HSL 'h*w:** . 0p STATE OF WASIIINGTON ) ) ss County of King EXCISE TAX NOT REQUIRED Jung Co. Records Division ay, �..) l ...— Deputy On t its o?6lclay of 1 jt4/Yr , 19 , personally appeared before me �,r�,h—�u-lo y , to me known to be the individual that executed he within and foregoing instrument on behalf of King County, and acknowledged said instrument to be the free and voluntary act of King County for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the official seal of Ring County. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. , 1991 dW• NO'TA1 X JBLIC ih-artd1or the Residing at 4" My commission expires State of _ -T TJnTTr.F: IF THE rinrriMFTJT IN THIS FRAME IS LESS CLEAR T ,N THIS NOTICE • 9108210298 EXIIII3ITA. Green River Levee City of Tukwila Project No. 86-DR21 Legal Description for Proposed Levee Easement Segale Properly along River from South 180111 Street to GACO Western Tract Title No. 136362 XX That portion of the following described Tract "X" lying within the 30.0 foot easement granted to King County by instruments recorded under Recording Numbers 6027013 and 6027015. Trac „X„ All of Government Lot 5 in Section 35, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT that portion of said Government Lot described as follows: Beginning at the northwest corner of said Government Lot; Thence S87°56'03"E along the north line thereof, 112.46 feet; Thence S 17°28' 13"W, 432.63 feet to the west line of said Government Lot; Thence NO2°24'12"E along said west Tine, 417.09 feet to the point of beginning; TOGETHER WITH that portion of Government Lot 6 in said Section described as follows: Beginning at a point on the east line of said Government Lot, 417.09 feet south of the northeast corner thereof; Thence S 17°28' 13"W, 134.55 feet; Thence S66°31'27"E, 37.48 feet to the suid east tine; Thence NO2°24' 12"E along said east tine 143.40 feet to the point of beginning; AND EXCEPT that portion thereof lying within the following described property: Commencing at a monument at the northeast corer of the southwest quarter of the northeast quarter of said Section; Thence S07°44'56"W, 956.67 feet to a point of curve; Thence along a curve to the right having a radius of 2,500 feet through a central angle of 05°22'20", an arc distance of 234.41 feet; Thence N76°52'44"W 30.00 feet to the True Point of Beginning; NOTICE IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THIN THIS NOTICE el C n 9108210298 (Exhibit A. cont.) Thence N69° 15'04"W 55.31 feet; Thence N30°55' 15"W 52.59 feet; Thence N82° 15'05"W 187.64 feet; Thence S07°44'56"W 48.23 feet to a point of curve; Thence along a curve to the right having a radius of 477.465 feet, through a central angle of 13°00'00" an arc distance of 108.33 feet; Thence S20°44'56"W 399.00 feet; Thence S69°15'04"E 180.00 feet; Thence S20°44'56"W 12.00 feet; Thence S69° 15'04"E 85.77 feet; Thence along a curve to the left, whose center bears N63°30'32"W, having a radius of 2,470.00 feet, through a central angle of 13°22'12" an arc distance of 576.38 feet to the True Point of Beginning; EXCEPT that ponion described as follows: Beginning at the southwest corner of Government Lot 2 in snid section; Thence S87°56'03"E along the line common to Government Lots 2 and 5, 177.19 feet; Thence S09°03'25"W, 148.27 feet; Thence S06°44'45"W, 82.23 feet; Thence N66°54'09"W, 338.39 feet; Thence northerly along a curve to the left, the center of which bears N71°16'17"W, having a radius of 2,530 feet through a central angle of 02°31'46", an arc distance of 111.70 feet to the said line between the government lots; Thence S87°56'03"E along said common line, 133.76 feet to the point of beginning; AND all that portion of Government Lot 2 of said Section, lying south of South 180th Street, and easterly of the following described line: Commencing at the northwest corner of said Government Lot 2; Thence S87°50'09"E along the north line thereof, 309,0 feet; Thence along a curve to the left having a radius of 300 feet, through a central angle of 22°30' 12", an arc distance of 117.81 feet; Thcncc S20°20'21"E, 36.0 feet to the south margin of said South 180th Street, and the point of beginning of the line; Thcncc S36°31'53"W, 335.86 feet; Thence along a curve to the left, having a radios of 430 feet, through a central angle of 14°28'22", an arc distance of 108.63 feet; Thence S22°03'26"W, 34.28 feet; Thence along a curve to the left, having n radius of 800 feet, through a central angle of 18°44'I1", an arc distance of 261.61 feet; XX NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR MAN THIS NOTICE 9108210298 EXIIIBIT 13. ORDER NO. 13(05(.." IMPORTANT: This Is not a Plat o1 Survey. It Is furnished as a convenience to locate the land Indicated hereon with reference to streets and other land. No (lability 13 assumed by reason of reliance hereon. rot STEWART TITLE COMPANY of Washington, Inc. ••% I. . I. I it! ry..,.. 4,.ti r. r AP 190fel,e1a • 1. I If' • Ler if 1 r � 1i1 t &.t ,, �P I. ;i 1� a I i r r id 1ti)• a inn ��yf,1 i f 7 ,,b .c 6. . , - IS I. i _0 'eft t TU SP �•1e•f93S j gt i,! `V� ; LOT rO t 11 y;fl ��� J. -r• r^ �' I !'l II �7 I r,' ; ? , ... �` r ! ' I �1 ..rn -��. r { f, -, I POILrNn o4 8Ouunr2fic-' IJDr a 3s- 73 2 NOTIC[:• IF THE DOCUMENT IN THiS FRAME IS LESS CLEAR Tk3,N THIS NOTICE 4 ��vIn EXIII}IIT B. STEWART TITLE COMPANY of Washington, Inc. ORDER NO. I L+3(o] IMPORTANT: This Is not a Plat of Survey. II Is furnished as a ct:r• enienco to locale the land indicated hereon with reference to streets and other land. No liability Is assumed by reason of reliance hereon. ' r i 9108210298 I.r 1/1 r•� y 10op6,9 TUSPes,9.SS 55C10906,9 l -4 °I; V: 0 fe Po Cram :o ovztul mwn (7- Lc (. 3 .s- 7 `5 —4 NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR TFti.N THIS NOTICE 4 r., � C n 9108210298 Cif -(7) EXHIBIT R. STEWART TITLE COMPANY of Washington, Inc. onoER NO. 15lo3 �a IMPORTANT: This Is not a Plat of Survey. It Is furnished as a convenience to locate the land Indicated hereon wllh reference to streets and other land. No liability Is assumed by reason of reliance hereon. 11.7,0 'E•ur• 1 ' '/.I TI fraoeo / / A.,s►sr•.5 Ir " t ` .. ' it /1/ / r••1 .}. -1 / / . t , .vr j /4:; V\ ♦y .l • • xx NORTH PoLrfW1 0 Flovr-Onrnl— Edr 3s-- NOTICE: 1F THE DOCUMENT IN THIS FRAME IS LESS CLEAR TW,N THIS NOTICE IL .,�..In 9108210298 (Exhibit A. cont.) XX Thence S03°19'14"W, 141.75 feet; Thence along a curve to the right, having a radius of 3,500 fact, through a central angle of 03°41'20", an arc distance of 225.31 feet; Thence S07°00'35"W, 26.08 feet; Thence S09°03'25"W, 579.24 feet; Thence S06°44'45"W, 82.23 feet to the terminus of the aforesaid line. AND that portion of Government Lot 6 of said section lying southerly of the north line of the flood control casement defined as follows: Commencing at a point S89°01'S0"E 505.54 feet and north 00°58'10"E 313.17 feet from the southwest corner of said Government Lot 6; Thence S66°31'59"E 343.91 feet to the north lino of said flood control easement and the True Point of Beginning; Thence easterly along said north line to the easterly line of said Government Lot 6; AND that portion of City of Tukwila Short Plat 086-45SS according to Short Plat recorded under Recording Number 8609081152 in Government Lot 2 of said section, lying easterly of the easterly line of Lots 2, 3, and 4 of said Short Plat. End of Tract "X" NOTICE. 'IF THE DOCUMENT IN TA FRAME IS LESS CLEAR 1U THIS NOTICE 1 PR 2 9 20111 1✓�..� �N.rf 1.f er recording ,tarn to: Jim Kramer, Manager Surface WaterManagenent Division Xing County Department of Public Works 700 F{ftlr Avenue. Suite 2200 Seattle, Washington 98104 ORIGINAL PERMANENT RIGRT OF ENTRY FOR INSPECTION. MAINTENANCE AND REPAIR OF FLOOD CONTROL LEV3 The Grantor, hereinafter called the 'Owner*, hereby grans to King County, the Grantee, a political subdivision of the State of Washington, hereinafter called `King County', a permanent right of entry for the purposes haeinafteer sax forth. upon lands of the Owner hereinafter described in Attachment 'A' which is incorporated herein by this reference, subject to the following tams and conditions; 1. This irrevocable permanent right of entry for inspection, maintenance and repair ('Permanent Right of Entry') is in addition to those River Protection Easements previously recorded in fsvor of King County in King County Auditor's Office under file numbers 6027013 and 6027015 (the 'River Protection Easements`). 2. This Permanent Right of Entry includes the right to access, repair, and maintain a flood control levee as descn'bed in the As -Built plans attached hereto as Attachment 'B', hereinafter referred to as 'Levee, and all appurtenances thereto, along the loft bank of the Gran River. Attachment 'B' is incorporated herein by this reference. 3. This Permanent Right of Entry includes the right to inspect, repair and msimtahn such works on lands of Cr) the Owner hereinafter shown and described in Attachment 'C', which may extend beyond the boundaries set forth fin. in the River Protection Easements. Attachment 'C` is incorporated herein by this reference. O4. This Permanent Right of Entry shall be limited to inspection, repair and maintenance of the Levee, along • the left bank of the Green River. O? • • 5. This Permanent Right of Entry shall not preclude the Owner from exorcising any and all of its rights to the property described in Attachment 'C' for any purpose including but not limited to tbo use, construction, extension, repair end/or maintenance of any facilities on the property including but not limited to buildings, paricing lots, yard storage cress, railroad spur tracks, utilities, landscaping or any other facilities. 6. All tools, equipment and other property taken upon or placed upon sand land by King County shall remain the property of King County and shall be removed by King County at any time within a reasonable period after the term of their utilization in the exercise of rights under this Permanent Right of Entry. 7. King County will be responsible for damages arising from the activity of King County, ite officers, agents, contractors, employees, or representatives on said land, in the exercise of rights under this Permanent Right of Entry, and promptly following the exercise of any rights granted hereunder, shall restore the property to its condition, including line, grade end elope, prior to such exercise. 8. lids Permanent Right of Entry is granted as of the date hereof. 9. The land affected by this Permanent Right of Entry is located in the State of Washington, County of King, as described in Attachments 'A' and 'C' hereto. 10. In the event this instrument is not monied with the King County Auditor's office within sixty (60) days of the date of execution, the agreement evidenced by this instroment shall be null and void and duo further force or effect. 00' Nd 900 SOtMR AD1103 9111N IN 00:CE:60 1690.9oiot6 PERMANENT RIGHT OF ENTRY FOR INSPECTION. MAINTENANCE AND REPAIR OF FLOOD CONTROL LEVEE Pate 1 of 2 IN WITNESS WHEREOF, the undersigned have set their hands this jgL day of March GRANTOR, Maio A. Segal a married man acting with respect to his separate property and estate, d/b/a SEGALE BUSINESS PARK STATE OF WASHINGTON COUNTY OF KING ) )st. ACCEPTED AND AGREED TO BY KING COUNTY, WA. APPROVED AS TO FORM: • By: ICing Ugf linty On this day personally appeared before mo MARIO A. SEGALE, a married man dealing in Ids separate property and estate, d/b/a SEGALE BUSINESS PARK, known to me to be the individual described in and who executed the foregoing instrument, and acknowledged that be signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN lynder my hand and official seal this 14* , day of NAV:.A..Q , 1935, Signature of Not 01 *� 0 Print or Stamp une of Notary Lel SNotary Public in an f r the State of Washington, residing at _ - — — — — -- .szl•O My commission expires 0)) STATE OF WASHINGTON Gear a L. 64-uLl as. COUNTY OF KING I certify that 1 know or have satisfacto 'dense that t Cir4p%iltllb is the person who appeared before me, and said person acknowledged she sign d rant, on stated that she war authorized to execute the instrument and aeleowl - • : - • it as the �tl (of jCin¢ tv. Washington. a nolitieal subdivision of the State of Washington to be the free an volun act ofsuch corporation for the uses and purposes mention in the instrument. GIVEN under my Land and . t reial seal '• day of hie , 1914: Signal No. OTARY PUBLIC State of Washington Print or Stamp Name of Notary INVITE 40a ili'G'owi" 3'rl Notary Public in and fo a State of Washipm.un E residing at s zs with x, tas7 My commission expires Of1197 . PERMANENT RIGHT OF ENTRY FOR INSPECTION, MAINTENANCE AND REPAIR. OF FLOOD CONTROL LEVEE Pass 2 or2 • • . . ' . . • . : . • - • • - . ,• • -- , • , • " -" . . .• 1 . . , .. , . . . • . . "- •••••1: " • • Frr • • . • ••• 4.• • •• • ...... 45 L#as P•260 ;•• • • Zits migrant 564,6 of .....I•rew...•••e••••••••--1966 Grunter, end KirroMills lagal.amedivision or the State of heablegton. between' Oreg.'s: . . Cl GITES3312E, tbst first ingty. In oinalderstice of Gl.Ce receipt of whitb to ethootiledged. end the beneit' which ed.L1. MUM* to tbe land of Grontur by the =tram. of the rights herein granted, do hereby .:. reise. release end forever t unto the Grantee. Its saeoessors sod ..• sestina, en asoemsot sod rutty for the purpose' tereLattter stated T. along tie t‘ra book of Groan River, within a 'trip of lend -)0 feet in width that is portals/ to end landward of tbe fop of the river bank as eonstrostsd ar rottoustruotod co tap following describ. ... ad proporty.„..... T.L. 16 . all of Go? Lot S to &tattoo 35. Twp. 23 1.8. 4 E.V.E. 1..L. 36 Portion of Gov let 6 lying fast of Cotnty Goad, less portion Southwestarly of line beginning on the Easterly' margin of said Road 313.27 ft. north of tbe south line of Lot 6, theme 3. 67'36' East to Whit' laver. Said 30 foot geseuent and right of way shall bo confined sod restricted to the 'ligament of tbe top of the bank, so shorn on Drawing lambered S-03-1, E -68 -2, .nd 8.68.3. on tile at the Ling Conatyllood Cootrol Office A Said east:wet end right-of.woy arit for the following purposest Th• right to enter upon the above described land to construct. recoostruct, maintain end repair ' blink protection snd/or other flood control works. including ell appurtensocos thereto. together with right to trim, cut, fell and remove ell such trees. brush sod other natural growth sod obetrutt• ions es era necessary to provide misquote clearance mod to "limiest, inter. forgot' wilgt, or wards to the structures. Tba consideration above 'mentioned, is accepted es full coapensation to she exercise of the rights shove grouted. To hero and to hold. all end singular. tke said esseeent sad right. of-wsy, together with appurtenance". unto Grantee, lie successors and assign'. IV WITNESS blaREOP the Granter hereuntO set tete band, the day and your above written. • . el • • .er (.1/4 Ilientor trentor STATE OP usimaorme la, =MITT OP g130 Or this day epoesred before os tads Settle to mo worn a be tbs iodividual described in and sbo enoeuted tee foregoiog instrument. sod ocknooragod to on that b. aligned the sem se We, free nod voluntary mot itiffide- mi. for tbe 01.0 sod purposes therein menticeed. • Given under my bend and official seal this 221d lotary Public In end for the State oekestington. re 11 2110/64 si rso 11144 p, Woo al Gerd a 44sir Co' KIM h. 410110. Greg &Jr • au/ .••• 44k." • 311 • Attachment "A• Page 1 of 2 • d» i• e ios:'aa '- P.7C atilff -227 5 sESS »®i921. mode tots and • • day or Alml9K 259 Mtw»a era. L e.�h. _ ,� arnstcr, aa. on1: ■ fa oo as w °sans ac s■. ar.■te.s tR1'�. th■t first puny. In sonsddsrstioo or $1•0 receipt of .blob la ■eimoI1sapd. and the benefits sedan riL °°arcs to tM Ian4 of 0rmtm bf tM .tzaralss or the riabta barsin pentad. do bsrsby rwiaa. ramose end tumor Coto the °rantee, its successors and ensigns, en segment and ri t-efwn for the pmpo..s beratnattar stand stria LM ee bath of dr..�t River, nithin a strip of aaoa �u reel as width tlst is persllel to end 3andssrd of tea. top of tea riverboat es cotatamtad or re000stroote4 on the to111oving describ- :.L. 55 Our Lot 2, the S.Y.} of tin R.E.} ski portico of the S.E.} of no N.V.} lying Naaterly or Nan lass County load. leas beginning at }} point 449.50 feet at of teas Nortbwat earner of the S.V.} of the N.N.t, thane S.1' 05+14 a .at, 401 77 tt., ammo S. E8•skthb• Wet. 424.89 ft., neonS. 86.55'00' nat. 203.76 ft., tbems S. 58.20'50' Vest to latterly margin or road. Menem northerly along road 'to North lira of S.s.} of the N.Y.} thence Vast to Maiming, lees Mglmiog oo ..surly mere:: of Road 724.06 ft. Sootberly of torn line of Subdivision, tbenoe natinslaagg aootberly 151 ft.. thefts S. 71.43t40' East 203.51 rt.. tb.ose N. 16.26150° Heat 151.08 rt., theme N. 71.43t4a' *at, 199.53 rt. to beginning, lots County flood in Section 35, Tsp. 23 N.B. h E.V.24 • Raid 30 foe: aaa°wot cod right of wet shall be noticed mod restricted to the alignment of no top of teas bent as shown on drawings Numbered 8.13-1.- 5. 68-2 end 5.68-3 on file at the King County Flood Control 0ffloe Said eaaenent end right-of-way ars tor tho following purposes: Toe right to voter upoo the above described land to construct, reconstruct, maintain and repair a bank proteotioo end/or °Weer flood control works, in:lading all sppurtensnees thereto, together with right to trim. aut. fell and r.aovs ell snob trees, brush ood other natural grortb cud obstruct - Ions as era canonry to provide edsqusta clearings and to eliainan later- f.r.nce with. or I:atards to th. structures. The consideration above mentioo.d, is .cc.pt.d as full eosp.wetion to the exorcise of the rights above granted. . To here and to bold, ell rod singular, tng sold easement end right- of•wty, together with eppurt°eaac.s, onto Grantee, its successors end arsigos. IN WITNESS k8EBE07 the Grsote _ ber°unto sot tta band. the day and tsar ebovo creator Creator 5:A r• OP WASHINGTON ))sa L.TSiT OP iQNO On this day appeared More ns ihrle i. S,zel• to se know •: M the individual described in and sbo snouted teas foregoing instrument. and scio,owl:aged to me :bat tr etgoed the sore as his true sni voluntary sot ac -s al, for t•. uses sod purposes ingrain msotioo.d. aim tinder 4 hand and article/ seal this and day Notary 'WIG la sod tor the auto o' waalogt a�d14 cea k tree hp4ree al4 Peat Loose( Comipimos KINS* moas►Orr Odor • • Attachment "A' •• • • Page 2 of 2 • ,, ATTACHMENT C LAND DESCRIPTION Commencing at the most northeasterly corner of King County Short Plat No. 8609081152, Records of King County, Washington; . thence S 36-31-53 W a distance of 135.86 feet along the easterly boundary of said short plat to a point of curvature; thence continuing southerly along said boundary 108.62 feet along the arc of a tangent curve to the left having a radius of 430.00 feet, through a central angle of 14-28-22 ; thence continuing along said boundary S 22-03-26 W a distance of 34.28 feet to a point of curvature; Q] thence continuing along said boundary 103.21 feet along the ig arc of a tangent curve to the left having a radius of 800.00 feet, through a central angle of 7-23-31; thence N 75-20-00 W a distance of 9.05 feet more or less to O a point on the landward boundary of an existing river Cr) protection easement recorded May 11, 1966 under recording number 6027015, records of King County, Washington and the TRUE POINT OF BEGINNING; thence continuing N 75-20-00 W a distance of 31.23 feet; thence S 8-18-37 W a distance of 48.46'feet; thence S 6-15-12 W a distance of•48.00 feet; thence S 5-22-35 W a distance of 51.88 feet; thence S 1-44-44 W a distance of 54.54 feet;' thence S 0-59-37 W a distance of 49.32 feet; thence S 1-26-02 W a distance of 51.42 feet; thence S 1-09-37 W a distance of 45.75 feet; thence S 6-52-34 W a distance of 49.46 feet; thence S 6-23-30 W a distance of 48.57 feet; thence S 6-47-00 W a distance of .48.11 feet; thence S 7-09-06 W a distance of 51.18 feet; page 1/2 • c) 07 thence S 11-38-13 W a distance of 48.38 feet; thence S 10-32-20 W a distance of 49.71 feet; thence S 11-38-57 W a distance of 47.56 feet; thence S 9-37-46 W a distance of 49.48 feet; thence S 9-23-33 W a distancew of 49.57 feet: thence S 7-08-54 W a distance of 53.06 feet; thence S 8-19-38 W a distance of 51:69 feet; thence S 11-22-19 W a distance of 50.89.feet; thence S 8-39-42 W a distance of 48.97 feet; thence S 10-08-14 W a distance of 205.93 feet; thence S 14-18-13 W a distance of 90.98 feet; thence S 23-38-09 W a distance of 75.48 feet; thence S 29-45-56 W a distance of 52.12 feet; thence S 41-22-46 W a distance of 164.08 feet; thence S 44-55-59 W a distance of 183.39 feet; thence S 35-55-33 W a distance of 75.30 feet; thence S 30-17-06 W a distance of 65.71 .feet; thence S 24-18-06 W a distance of 106.25 feet; thence S 16-10-23 W a distance of 83.66 feet; thence S 12-30-39 W a distance of 70.00 feet; thence S 77-29-21 B a distance of 21.49 feet, more or less, to a point on the landward boundary of of said river protection easement;' thence northerly along the landward boundary of said river protection easement to the true point of beginning. page 2/2 glak 20100726001102.001 ' 20100726001102 TUKWILA CITY 0 AG 1254.00 PAGE-001 OF 015 KING6COUNTY,14:22 Return Address City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 i Document Title(s) (or transactions contained therein): 1. Possession and Use Agreement Reference Number(s) of Documents assigned or released: N/A (on page _ of documents(s)) Grantor(s) (Last name first, then first name and initials): 1. Segale Properties LLC Grantee(s) (Last name first, then first name and initials): 1. City of Tukwila Legal description (abbreviated: i.e. lot, block, plat or section, township, range) PTNS. OF THE NW 1/4 & SW1/4 OF SEC. 2; NE1/4 & SE1/4 OF SEC. 3, TOWNSHIP 22 NORTH , RANGE 4 EAST OF THE W.M. PTN. OF THE W1/2 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M. ALL IN KING COUNTY, WASHINGTON © Full legal is on pages 9 - 14 of document. Assessor's Property Tax Parcel/Account Number 022204-9008; 022204-9011; 022204-9015; 022204-9043; 022204-9057; 032204-9006; 032204-9090; 032204-9106; 352304-9013; 352304-9015; 352304-9017; 352304-9032; 352304-9040; 352304-9041; 352304-9045; 352304-9049; 352304-9050; 352304-9068; 352304-9118; 352304-9115 RES-317 Revised 08/09 Page 1 of 15 pages FA No. F- ( ) Project No. Parcel No. 20100726001102.002 POSSESSION AND USE AGREEMENT 10-005 Council Approval N/A POSSESSION AND USE AGREEMENT Southcenter Parkway This AGREEMENT is made and entered as of January j' , 2010, by and between the City of Tukwila, hereinafter referred to as the "City", and Segale Properties LLC, a Washington limited liability company, formerly known as "La Pianta LLC," hereinafter referred to as the "Owner": WITNESSETH WHEREAS, the City affirms that the Owner's Property described herein is required by the City for immediate construction of a transportation project. AND WHEREAS, the City affirms that any delay in its construction program is contrary to the public interest; AND WHEREAS, the Owner has made a firm and continuing offer to donate the use of the following described real property ("Property") situated in King County, in the State of Washington, pursuant to Section 4.3.2 of the "Development Agreement By and Between the City of Tukwila and La Pianta LLC for the Tukwila South Development" dated June 10, 2009 (the "Development Agreement"): For legal description and map, see Exhibits A and B attached hereto and made a parthereof. The Property is comprised of two components: (1) the land on which the Southcenter Parkway shall be permanently relocated and expanded ("Permanent Right of Way"), and (2) a temporary construction easement area that the City shall use to construct the Southcenter Parkway Project (hereinafter defined). The temporary construction easement area shall be the portion of the Property that is not part of the Permanent Right of Way. NOW THEREFORE, for and in consideration of the covenants set forth herein and in the Development Agreement, the parties agree as follows: Page 2 of 15 pages 20100726001102.003 POSSESSION AND USE AGREEMENT 1. Use of the Property. The City is hereby granted an easement in, on, over and across the Property for the purpose of relocating and expanding Southcenter Parkway ("the Southcenter Parkway Project") as described in Section 4.3 of the Development Agreement. 2. Cooperation. Owner reserves the right to engage in any uses of the Property that are compatible with and does not interfere with the full enjoyment by the City of the rights granted in this Agreement. The City acknowledges that the Owner shall need to use portions of the Property for work that Owner is required to complete under the Development Agreement. The City further acknowledges that La Pianta shall install utilities and make other improvements in the temporary construction easement area, and the City shall cause its contractors to cooperate with Owner, as necessary, in such area upon request by Owner to permit the timely completion of Owner's work. To the extent a conflict arises, the Owner acknowledges that the timely completion of the Southcenter Parkway Project is the priority project. The parties shall work cooperatively with each other to avoid interference and to enable the separate work to occur in the Property. Furthermore, the City acknowledges that Owner shall continue to operate its businesses on portions of the Property, and the parties shall work cooperatively to minimize interruptions to Owner's operations to the extent reasonably possible. Owner shall be entitled to operate any business located (i) within the Permanent Right of Way until the date of the award of the construction contract for the Southcenter Parkway Project, and (ii) outside of the Permanent Right of Way, provided that such operations do not unreasonably interfere with the City's rights hereunder. 3. Termination of this Agreement. This Agreement shall terminate automatically without further action required by either party if any of the following events occur: (a) La Pianta delivers and the City accepts a duly executed and acknowledged deed for the Permanent Right of Way, as more particularly described in Section 4.3.2 of the Development Agreement; or (b) The Development Agreement is terminated. The City and Owner shall work in good faith to finalize the legal description of the Permanent Right of Way as soon as is reasonably possible. The parties acknowledge that Page 3 of 15 pages 20100726001102.004 POSSESSION AND USE AGREEMENT this Agreement shall constitute that certain right of way easement described in Section 4.3.2 of the Development Agreement. Unless the Development Agreement is terminated, this Agreement and easement shall not be terminated until construction of the Southcenter Parkway Project is complete, and the City replaces this Agreement by accepting the deed for the Permanent Right of Way delivered by Owner into the escrow described in the Development Agreement. 4. Indemnification. Except as otherwise specifically provided elsewhere in this Agreement, each party shall protect, defend, indemnify and hold harmless the other party and their officers, agents, and employees, or any of them, from and against any and all claims, actions, suits liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or omission of the party's own officers, agents, and employees in either party's use of the Property pursuant to this Agreement. in the event that any suit based upon such a claim, action, loss, or damage is brought against a party, the party whose negligent action or omissions gave rise to the claim shall defend the other party at the indemnifying party's sole cost and expense; and, if final judgment be rendered against the other party and its officers, agents, and employees or jointly the parties and their respective officers, agents, and employees, the parties whose actions or omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent negligence, each party shall indemnify and hold the other parties harmless only to the extent of that party's negligence. The indemnification to the City hereunder shall be for the benefit of the City as an entity, and not for members of the general public. Without limiting the generality of the foregoing, the City shall protect, indemnify, defend, and hold harmless Owner, and its successors and assigns, from and against any and all loss, costs, claims, suits, liabilities, causes of action and expenses of any kind or nature (including reasonable attorneys' fees) arising out of, related to, resulting from or incurred by reason of or based upon, the release onto or from Owner's Property by the City or any of its respective employees, agents, contractors and/or licensees, of any hazardous or toxic materials or substances, or the violation by any such party of any Iaw or laws regulating the handling, treatment, storage, disposal, release, or transport of any ha72rdous or toxic materials or substances. 5. Miscellaneous. (a) Neither this Agreement nor any acts of any party shall be deemed or construed by the parties hereto, or any of them, or by any third person, to create Page 4 of 15 pages 20100726001102.005 POSSESSION AND USE AGREEMENT the relationship of principal and agent, or of partnership, or of joint venture, or of any association. (b) Any modification, waiver, amendment, discharge or change of this Agreement shall be valid only if the same is in writing and signed and acknowledged by all of the parties, and an original thereof is recorded in the real property records of King County, Washington. (c) In the event any term, covenant, condition, provision, or easement contained in this Agreement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Agreement. (d) It is understood and agreed that delivery of this agreement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Tukwila unless and until accepted and approved hereon in writing for the City of Tukwila by its Mayor. Page 5 of 35 pages 20100726001102.006 POSSESSION AND USE AGREEMENT Segale Properties LLC, a Washington limited liability corporation By: Metro Land Development, c Its: Manager By: Date: Mar A. Sega -, V ' esident l l OR) Accepted and Approved CITY OF TUKWILA, a Washington municipal corporation By: Date: ATTEST: 1-d-I o Christy O' Flaherty, City Clerk APPRO i :pi a ' c.:,:: irrr City Attorney Page 6 of 15 pages 20100726001102.007 POSSESSION AND USE AGREEMENT STATE OF WASHINGTON ) ) ss. COUNTY OF KING On this 11th day of January, 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Mark A. Segale to me known to be the person who signed as Vice President of the Manager of Segale Properties LLC, a Washington limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company for the uses and purposes therein mentioned, and on oath stated that he/she was duly elected, qualified and acting as said officer of the corporation, and that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF 1 have hereunto set my hand and official seal the day and year first above written. JACEK R. PAWLICKI NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES OCTOBER 15, 2013 l t Name: ,9#L'L/( Z4414SCei— otary Public in and for the State of Washington residing at: 77iru/ti4 r.✓4.5/,/4/6- My commission expires: O['7ifiA /s 7 2D/3 Page 7 of 15 pages 20100726001102.008 POSSESSION AND USE AGREEMENT STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this J�day orianiawq , 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 4a (i ��d , to me known to be the person who signed as Ct. W1 of the City of Tukwila, a municipal corporation of the State of Was ' gton, 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 Q 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. s` .rf M. O,p11111, `,gAK) lily � ��7���yI ... g 4A14 [i9i�0 �1 ' 47 _s m.DT Print Name: l �Le,_f� !� - (� : L- 4 k 2, Notary Public in and f r a State of Washington, residing at: S c4 r1n/ r' My commission expires: 3 _1- i L. Page 8 of 15 pages 20100726001102.009 POSSESSION AND USE AGREEMENT EXHIBIT A A STRIP OF LAND OF VARYING WIDTHS, LYING OVER, UNDER AND ACROSS PORTIONS OF THE NORTHWEST QUARTER OF SECTION 2 AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE W.M., AND A PORTION OF THE WEST HALF OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M., ALL IN KING COUNTY, WASHINGTON, THE PERIMETER OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE SOUTH 89° 17'01"EAST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 88.28 FEET; THENCE LEAVING SAID SOUTH LINE, NORTH 03° 31'38"EAST 70.11 FEET; THENCE NORTH 86° 28'22"WEST 20.00 FEET; .THENCE NORTH 03° 31'38"EAST 620.48 FEET; THENCE SOUTH 86° 28'22"EAST 20.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS SOUTH 86° 31'08"EAST 1890.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 46'49", AN ARC LENGTH OF 124.70 FEET; THENCE NORTH 82° 44' 19"WEST 30.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS, SOUTH 82° 44'19"EAST 1920.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16° 03'06", AN ARC LENGTH OF 537.90 FEET; THENCE SOUTH 66° 41'12"EAST 30.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS, SOUTH 66° 41'12"EAST 1890.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09° 01' 18", AN ARC LENGTH OF 297.60 FEET; THENCE NORTH 57° 39'54"WEST 40.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS SOUTH 57° 39'54"EAST 1930.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02° 18'40", AN ARC LENGTH OF 77.85 FEET; THENCE NORTH 34° 38'46"EAST 610.20 FEET; THENCE SOUTH 55° 21'14"EAST 40.00 FEET; THENCE NORTH 34° 38'46"EAST 118.50 FEET; THENCE NORTH 55° 21' 14"WEST 40.00 FEET; THENCE NORTH 34° 38'46"EAST 595.89 FEET; THENCE SOUTH 55° 21'14"EAST 10.00 Page 9 of 15 pages 20100726001102.010 POSSESSION AND USE AGREEMENT FEET; THENCE NORTH 34° 38'46"EAST 7.29 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2580.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THOUGH A CENTRAL ANGLE OF 00° 48'51", AN ARC LENGTH OF 36.66 FEET; THENCE NORTH 37° 42'21"EAST 62.78 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS NORTH 57° 33'23"WEST 2585.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04° 48'31", AN ARC LENGTH OF 216.94 FEET; THENCE SOUTH 62° 21'53"EAST 35.00 FEET; THENCE NORTH 26° 13'39"EAST 128.73 FEET; THENCE NORTH 65° 11'06"WEST 35.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS NORTH 65° 10'48"WEST 2585.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 59'05", AN ARC LENGTH OF 676.07 FEET; THENCE NORTH 59° 59'00"EAST 65.34 FEET; THENCE NORTH 23° 05'35"WEST 51.55 FEET; THENCE NORTH 18° 01'44"EAST 153.97 FEET; THENCE NORTH 64° 55'27"WEST 35.35 FEET; THENCE NORTH 09° 49'47"EAST 15.28 FEET; THENCE NORTH 80° 10'13"WEST 10.00 FEET; THENCE NORTH 09° 49'47"EAST 392.72 FEET; THENCE SOUTH 80° 10'13"EAST 27.44 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 342.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 08'42", AN ARC LENGTH OF 90.40 FEET; THENCE SOUTH 65° 01'32"EAST 36.10 FEET; THENCE NORTH 25° 01' 18"EAST 100.00 FEET; THENCE NORTH 65° 01'32"WEST 36.18 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 442.00 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 150 08'42", AN ARC LENGTH OF 116.83 FEET; THENCE NORTH 80° 10'13"WEST 22.44 FEET; THENCE NORTH 09° 49'47"EAST 255.82 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 910.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32° 56'42" AN ARC LENGTH OF 523.25 FEET; THENCE NORTH 42° 46'29"EAST 18.28 FEET; THENCE SOUTH 42° 13'31"EAST 242.07 FEET; THENCE NORTH 25° 01'18"EAST 157.24 FEET; THENCE NORTH 42° 13'31"WEST 193.94 FEET; THENCE NORTH 42° 46'29"EAST 475.87 FEET; THENCE NORTH 54° 37'59"EAST 85.30 FEET; THENCE NORTH 37° 48'55"EAST 43.96 FEET; THENCE NORTH 36° 00' 11"EAST 26.26 FEET; THENCE NORTH 54° 40'29"WEST 32.73 FEET; THENCE NORTH 19° 03'12"EAST 119.49 FEET; THENCE SOUTH 69° 49'38"EAST 20.17 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, THE Page 10 of 15 pages 20100726001102.011 POSSESSION AND USE AGREEMENT RADIUS POINT OF WHICH BEARS NORTH 61° 06'45"WEST 1070.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 54'33", AN ARC LENGTH OF 297.10 FEET; THENCE SOUTH 77° 01'19"EAST 10.00 FEET; THENCE NORTH 12° 12'35"EAST 40.94 FEET TO THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DEEDED TO SCHOENBACHLER ENTERPRISES L.L.C. AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO. 9602060993; THENCE SOUTH 59° 18' 15"WEST ALONG THE SOUTH LINE OF SAID TRACT, A DISTANCE OF 60.16 FEET TO THE EAST RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE NORTH 09° 40'43"EAST ALONG SAID MARGIN 316.06 FEET; THENCE NORTH 15° 44' 18"EAST 63.77 FEET TO A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 76° 18'23", AN ARC LENGTH OF 66.59 FEET; THENCE LEAVING SAID MARGIN NORTH 02° 10'33"EAST 35.85 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE NORTH 87° 49'27"WEST ALONG SAID NORTH LINE 169.37 FEET; THENCE SOUTH 02° 10'33"WEST 35.01 FEET TO THE SOUTH RIGHT OF WAY MARGIN OF SOUTH 180TH STREET; THENCE SOUTH 09° 50'27"WEST 269.58 FEET; THENCE SOUTH 80° 09'33"EAST 10.00 FEET; THENCE SOUTH 09° 50'27"WEST 75.25 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 925.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 54'50", AN ARC LENGTH OF 418.36 FEET; THENCE NORTH 54° 14'43"WEST 12.43 FEET TO THE EASTERLY MARGIN OF PARCEL 1, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L06-029 AS RECORDED UNDER KING COUNTY RECORDING NO. 20060913900003;THENCE SOUTHWESTERLY ALONG THE EAST LINE OF SAID PARCEL 1, THE FOLLOWING COURSES; THENCE SOUTH 10° 53'13"WEST 17.20 FEET; THENCE SOUTH 37° 27'56"WEST 63.01 FEET; THENCE SOUTH 41° 44'53"WEST 49.29 FEET; THENCE SOUTH 45° 36'54"WEST 452.08 FEET; THENCE NORTH 47° 13'31"WEST 20.56 FEET; THENCE SOUTH 42° 46'29"WEST 153.00 FEET; THENCE SOUTH 47° 24'17"EAST 19.35 FEET; THENCE SOUTH 42° 37'08"WEST 165.60 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS SOUTH 54° 15'53"EAST 1110.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 46'47" AN ARC LENGTH OF 286.33 FEET; THENCE NORTH 69° 02'41"WEST 55.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH Page 11 of 15 pages 20100726001102.012 POSSESSION AND USE AGREEMENT BEARS SOUTH 69° 02'41"EAST 1165.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 07'32" AN ARC LENGTH OF 226.22 FEET; THENCE SOUTH 09° 49'47"WEST 1010.41 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2335.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01° 20'30" AN ARC LENGTH OF 54.67 FEET; THENCE SOUTH 78° 49'43"EAST 90.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 78° 49'43"WEST 2425.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06° 05'49" AN ARC LENGTH OF 258.05 FEET; THENCE NORTH 72° 43'54"WEST 25.00 FEET; THENCE SOUTH 17° 44'45"WEST 40.00 FEET; THENCE SOUTH 71° 46'36"EAST 25.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 71° 46'36"WEST 2425.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06° 19'39" AN ARC LENGTH OF 267.81 FEET; THENCE NORTH 65° 26'57"WEST 50.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 65° 26'57"WEST 2375.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 26'58" AN ARC LENGTH OF 142.99 FEET; THENCE SOUTH 61° 59'59"EAST 40.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 61° 59'59"WEST 2415.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 30'07", AN ARC LENGTH OF 105.45 FEET; THENCE SOUTH 59° 29'52"EAST 15.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 59° 29'52"WEST 2430.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04° 08'39", AN ARC LENGTH OF 175.76 FEET; THENCE SOUTH 34° 38'46"WEST 598.67 FEET; THENCE NORTH 55° 21' 14"WEST 40.00 FEET; THENCE SOUTH 34° 38'46"WEST 151.62 FEET; THENCE SOUTH 55° 21'14"EAST 30.00 FEET; THENCE SOUTH 34° 38'46"WEST 581.58 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2080.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27° 28' 10", AN ARC LENGTH OF 997.22 FEET; THENCE NORTH 82° 49'24"WEST 30.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS SOUTH 82° 49'24"EAST 2110.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 50'56", AN ARC LENGTH OF Page 12 of 15 pages 20100726001102.013 POSSESSION AND USE AGREEMENT 104.91 FEET; THENCE SOUTH 85° 40'20"EAST 5.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS SOUTH 85° 40'20"EAST 2105.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00° 48'03", AN ARC LENGTH OF 29.42 FEET; THENCE SOUTH 03° 31'38"WEST 574.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS SOUTH 03° 33'22"WEST 8115.00 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 04'35", AN ARC LENGTH OF 435.74 FEET; THENCE SOUTH 00° 53'39"EAST 146.38 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE NORTH 89° 53'41"EAST ALONG SAID SOUTH LINE, A DISTANCE OF 552.18 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING WITHIN FRAGER ROAD. ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTHCENTER PARKWAY. ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 180TH STREET. ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 178TH STREET. ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 2O0TH STREET TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE W.M., KING COUNTY WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE SOUTH 89° 53'41"WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 552.18 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00° 53'39"WEST 146.38 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS SOUTH 00° 28'47"WEST 8115.00 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00° 30'05", AN ARC LENGTH OF 71.03 FEET; THENCE SOUTH 00°01'18"EAST 146.72 FEET TO THE SOUTH LINE OF SAID SECTION 3; THENCE NORTH 89° 53'41"EAST ALONG SAID SOUTH LINE A DISTANCE OF 7.56 FEET; THENCE SOUTH 00° 05'50"EAST Page 13 of 15 pages 20100726001102.014 POSSESSION AND USE AGREEMENT 858.24 FEET; THENCE SOUTH 89° 41'14"EAST 65.63 FEET; THENCE NORTH 00° 28'53"WEST 858.74 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE NORTH 89° 53'41"EAST ALONG SAID SOUTH LINE 5.83 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 2O0TH STREET. TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 2 AND THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH , RANGE 4 EAST OF THE W.M., KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE SOUTH 89° 53'48"WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3, A DISTANCE OF 142.15 FEET; THENCE SOUTH 04° 14'09"WEST 103.58 FEET; THENCE SOUTH 85° 46'37"EAST 215.80 FEET; THENCE NORTH 05° 03'57"EAST 118.96 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE NORTH 89° 17'O1 "WEST ALONG SAID NORTH LINE 75.93 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 2O0TH STREET. Page 14 of 15 pages 20100726001102.016 POSSESSION AND USE AGREEMENT EXHIBIT B (MAP) SOUTHCENT PARKWAY TE CONST. EAS R ENTEMOSES sCHLF_Ii u-c Page 15 of 15 pages n R A X ttA o f EASEMENT rAPR29201v IN THE MATTER OF Primary State Highway NO. ' i (Sit' 5 T�t13�i1Te 57th Ave. South - aC)MMUAi r Kill ALL MEN BY:THEE PRESENTS, that �aouth ih Street - Drainage Eafaman "LOP,,4�,T Hari° A. Settle of the County of King . State of Washington, for and in coDaideration of 10 }Mutual Benefits , do hereby grant and warrant unto iho State of Woshint;ton, uio right,.privilege.and-catcmcnt to construct and fornvnr'rmintt± , = ir. iuding au -Worts and; ditcl'.e.+, but. not exolueivo, thereto, over, Aoibie and upon the crN fclla;ing doseribcd /Anda, situate in King County, Stato of Wlashington, to -tits • ' A11 that portion of the following described Parcel "A" lying Nort i of_g__1-- dr parallel with and 20 feet Southerly when measured et right angles a f1 ,,of PSH to. 1. (SR 5) Tukwila: 57th, Ave. So. - So. i80th St. Drainage Easement. Parcel "A" i " Government Lot 2 of Section 35, Township 23 North, Range 4 East W.M., .,;7 4 I EXCEPT -Minty Road; rnt Situate in the County of King State of Washington. ,,=i1T� G The lands over which said casement is being granted contain an arca of 0.04 Acre more or less, the specific details concorning all of which are to bo found within that ccrtcin map of definite location, now of record and on file in tho office of the Director of Highways at Olympia, Washington, and bearing date of approval 8/25/64, Rev. 7/6/67 S the centerline of which is also shown of record in Vo1.3 ,Pag.W2 , records of said county. It is further understood and agracd that tho STATE OF WASHINGTON, or its contractors, sill have the right to use any equipment or machinery necessary to effect the construc- tion of said drainage line. The STATE OF t IASHINGTON agrcos that should any damage accrue to adjacent lands of the Grantor by reason of the construction and maintenance of said drainage line, then any compensation therefor 3sitall be a matter of futuro negotiation. DATED this 7day of ACCEPTED AHD APPROVED 40, �r7•47 STATEHINGTON ACCEPTED S De tnent Highways Dop STATE OF ifASHitdGTO . ) �� ) es. COtNTY or KING ) Chief Right of W Agent On this day personally appeared before me Mario A. Segele to me known to bo tho individnnl described in and who executed the within and fore- going instrument, and actnowledgcd that he signed the same as hia free and voluntary act and deed, for the uses and purposes therein mentioned. . ,,,.. •",0:1att,yt3a3-mp'"hand and official scal this 7th day of• Angnet 1967 '1 IS ^Ct?E=NEit'i made this - /.4/;ciajr,i.o between the CITY OF TUKW1LA,-a-munici:pa1` Washington, hereinafter termed',"Granteo' ;aria' A:'Scr:ala date estat '_iereinaiter tunuodi Grantor., WID ESSET'.;: That the said Grantor tor. va1uab14, `eon eras Grant, unto tiie Grantee' a; perpAp4.01 utilities with the necessary appurtenance following described property situated <i0 particularly described as.;follotas,::- The Northerly 15 feet. ofvti}e;' oes. by:fihcse press of taiiy�o} caseinente'for gh,"ttove ',a'-4-across the ty= Vashington, more_; ... Government Lot 2: .... ' Taw- . y'7 1/6-hf the —NE 1 an portion of* 1yin Easterly of the Anna Mess.:Cotrntoad; ttl 23 North, Range 4 East,v.M.,; 1144 g ,County 3 Street and EXCEPT portion ofyinclthereedtait i ud,. tract: - _ ., ropert; ,plO NFl >1 oit".:35`,': To;anship 45T?:,,WCVT4,48Qth= ol:.owing; describe Beginning at the Nori hwest' earner trf Section 35; thence .align the: NorthR ,iie thereti'i~`Soiitt 8'.54<f4b'-'_East'2�'�7.29:. feet; thence South 5651'40"-East,:::142 26 feet l="tbence t�i 54°52'45"; est` 203.79 feet; thence. South 29°261t. est 59 O feet, thence,: ou_ 86,°58'._ :_ 00" West 103.76 feet; thence South 58 20'S0'" West .00-!50;feet to a7point on . . ti-c center of the road;. thence:-folidiFing thb dehtii ineYWsaid�=road, Nor_thh 3°43'18" East 467.77 feet'to':a Y po it -t11e xN�oxt1r 11ii2Mo g:T-tti,e"..SE:2/"4-of the 1;l 1/4 of said Section from:.whic talc t artheast corner eheXeof bearSputh:K --: 88°53'32" East 101.47. feet; ..thence' South 86°53-'32"=East 101.47 feet to the point of beginning; A17D`EXCEPT .*.+ . That portion. of. the: SW;l/4 of the 2iE 1 4 of Section 353 township North, Range 4 East, W.M ,Mdescribed asitfcilows w Beginning at a point onthei ortls lit e.-offff s id- ulidivlsion distant South L L °54'46" East 449: 30 feet coat thi' Norths esc corner :thereof, thence North. 88°54'46" west along -:said ;North line 202 :0L feet; .thence::South--:5°51' 40" East 142.26 -feet; thence:.Souta 54 52'45=, i est 203..7 fec,t;, *thence South 29°26'45",t,'est'159:30`feet,";th'nce South$8S°54 46' ' ast 424�89feet to'a point from which .the pointisf;�beginoi %ears hortha l°b5'14"East;_thence Worth 1°05'14" East 401:77 feet to the point;ofkbc inning;": CCEPTTRG tnere i'ilrhr the County i.. d; "'r►d:,EXCEPT o t1on c.f the SE-1/4. cf.4il0V 1/!'1;:of- SEP 121968 Section s •j'oc:ns:ii 23 North, r:an a &�laast N«ti:", cteats fled s i P .... r a.- �. �' tPg,�f 811ti4a9: 3eL,inui. at the Northeast . corner03 Said �8ub 1.isi4n,;, h-ppeo ttor C.'°' 3112' Vest Hone the North line ne thereof'101 47.': oot. hence • South ]3 West 477,17 feet; thence South7..59,!;30 •. W247,69, `feet Lo t'.;r true point of beginning; thenc&cotitinutn "rSou h r17°530�',- ..�:. .West;=r, 131,:)O feet; thence South 71°43'40Eaet40.1..51'4e40C fades :North:; 1.6 °23' 50" Est 151.08 feet; thence i4orth) 71.°43'40',� test• 199«53}feat v7 the tru' point o!' beginning. 4 =k.. '4s `r :., .... C All utilities are to be conctructed;by`;:Grantee underground(except_,. - , dr:1 .ts) , and to a suf; icient:"depth''tts'ptai-tntt~the'paving of'=�- ::`'c surface by Grantor, if Grantor des e-Si for roadwayhor:parking:pur-,:. poses. Mat sad C,rar tee shall have the "right without pr1or-institution or nny suit or proceeding at law, at timek as may be=tieceiai y;_to enter upon said property for the purpose_ of.'zeonaEructi`ng ttrepairino';7alter,in , or reconstructing said utilities; or-J4k .ng &ii}tF ehrectlons therewith, e:i-thout incurring any legal obli;at:iori, ot```liati Xi . therefor]"provided that such constructing, repairing,.alter n r:z`eco $tri c ng-'of said: utilities shall be accomplished in sucli'a manner .gia Fthe privatei improve - ,,,cats cr._stinl; in this right-of-ciay;s' a11' iot: W�t Curbed oi.' destroyed . or e the evei:t they arc disturbed or-detroyed';;tieyig be:repiaced in as good a condition as they were, immediately bcf -&41 s 'piopertya:3e4ter - e1 upon by the Grantee. • The Grantor shall retain be right�t sc the'sur ace o -said ease-,' moat, so long as said use does no0nteife2e ittr tf:t+'install.Stiott^'arid:: maintenance of the utilities ,and;so finie. DrOYifsailet3t %uzldxpgs pr structures arc erected on' saidea4e(ent. This easement- shall be a covenant4 rune _it with;- he43and. and stiali be binding on the successors, heLrs; aiid asaiens of,botii;;puicti s 2ie eC.i STATE OF t•;ASIiI CTOi. ) .. . ) ss. CC" Y,tY OF KING . _). ::.... I, the undersigned, a .notax' 'pi bl .c ' and'foz"`t1�e $tate'•tof t4ashinpton,.. undersigned, ,y. p. ..c?;y ccrti�''v that, on this 'kJ' dav`o e -5. ersorially_'appear.' r,-Y:;cforc ne 2,7,,,,,Ze. ea. •_ -.1. and �.e x to me knoT.rn to be the individuals describedF`it —andtwho: executed-t:re--forego-- , ing instrument, and acknowledged'µtthatY?tiey s3.gned arid`,sealed,the same as their free and voluntary act and deedfo;theuses and-= u oses•therein ps_:aoned, SEP 1219fi8 t`. '•r_AubiicAn andfor -trap-St_ata 0± ri44Shin"�g,Gon xes3 dingrt$Lrv.-iE`t rrLrr"R'frzr) f APR 2 9 2011 WATER DISTRICT NO. 75, KING COUNTY COMMUNITY EASEMENT FOR WATER PIPELINE pEVELOP.E4T The Grantor, Mario A. Segale, dealing in his separate property and estate, does hereby grant to WATER DISTRICT NO. 75, KING COUNTY, JO WASHINGTON, a municipal corporation, Grantee, its successors and te) assigns, an easement and right-of-way over, through, under, across, CD CD upon and in the following described property situated in the City of (Ni Tukwila, King County, Washington, to -wit: CV A 15 foot wide easement shown in cross hatch lying between Point "A" and Point "B", and between Point "B" and Point "C", as depicted on drawing entitled "Segale Business Park Proposed Utilities", as prepared by Meriwether Leachman, Surveyors/Engineers (drawing No. 2250-74), attached hereto as Exhibit "A", and by this reference being made a part hereof; All in Section 35, Township 23 North, Range 4 E.W.M. for the construction, operation, maintenance, repair and/or replace- ment of a water pipeline and appurtenances thereto, together with all right of ingress and egress to and from said easement for all purpose; necessary and related thereto. Relocation of mains, easements and revision of Bills of Sale per- mitted according to Paragraph 6, page 6, of Agreement, Segale and Water District No. 75, recorded August 27, 1974, under Auditor's File No. 7408270565. Said Agreement with Plan showing location of streets, mains and easements incorporated herein by reference. DATED this /7 day of December, 1974. Mario A. Segale, de: ng in his separate property and estate STATE OF WASHINGTON ) COUNTY OF KING ) ss. On this /7 day of December, 1974, before me, the undersigned Notary Public, personally appeared MARIO A. SEGALE, to me known to be the individual who executed the within and foregoing instrument, and acknowledged that he signed and sealed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVE,.;,,er my hand and official seal the day and year in this above written. *S q0 ..`9. 44+1:-. ;'.,may jz�• v :, • q 1. 7, C. �%J r.. ' 14.4 ' 'dv. `n•G. •von . .•, Notary Public in and for the State of Washington, residing at Seattle cT .0 CCD am? SEE DRAWING NO. 2250-74 MERIWE TW.;I0EACIiMAWSEGALE BUSINESS PARK PROPOSED UTILITI;$r,23_74WA►j+TACHED TO EASEMENT FOR WATER PIPELINE" DATED 12w17-74. APR 2 9 20111 DEVELi7PRIGHT-OF-WAY EASEMENT QY••••••-.... . The grantor, MARIO A. SEGALE, a married man dealing in his separate property and estate, and as a sole proprietorship doing business as SEGALE BUSINESS PARK, for and in consideration of ONE `r DOLLAR ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, conveys and warrants unto CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a Wisconsin corporation, V OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY, an Oregon corpora - CD and its lessee, UNION PACIFIC RAILROAD COMPANY, a Utah , corporation, hereinafter called "Railroad Companies", an easement for the construction, maintenance and operation of a railroad right- of-way and railroad tracks upon, over and across the following described property, situated in King County, Washington: A 20.0 foot wide strip of land located within that portion of the Els of Section 35, Township 23 North, Range 4 East, W.M., in ling County, Aashington, lying southerly of the southerly line of South 180th Street, having 10.0 feet of such width on either side of the following described centerline: Beginning at a monument at the intersection of the center- line of Andover Park West with the centerline of South 180th Street; thence South 87°50'09" Gast, 309.00 feet to a point of curve; thence along a curve to the left having a radius of 300.00 feet through a central angle of 8°25'33" an arc distance of 44.12 feet; thence along a curve to the right whose center bears North 77°23'28" West, having a radius of 572.96 feet through a central ar:gle of 3°49'21" an arc distance of 38.23 feet to the true point of beginning; thence continuing along a curve to the right having a radius of 572.96 feet through a central angle of 0°25'46", an arc distance of 4.29 feet to a point of compound curve; thence along a 14° curve to the right through a central angle of 58°14'17", an arc distance of 415.99 feet; thence South 75°05'56" West, 139.64 feet to a point of curve; thence along a 14° curve to the left through a central angle of 55°41'00", an arc distance of 397.74 feet; thence South 19°24'56" West, 161.29 feet to a point of curve; thence along a 12° curve to the left through a central angle of 11°40'00", an arc distance of 97.22 feet; thence South 7°44'56" West, 261.95 feet to a point of curve; thence along a 12° curve to the right through a central angle of 13°00'00", an arc distance of 108.33 feet;thence South 20°44'56" West, a distance of 400.00 feet to the terminus of this centerline. kin: Cn C. The grantor reserves to himself, and his successors in title to the described properly, the following: (1) The right to install other utilities upon or across such right-of-way, such as water lines, sewer lines and power lines, provided that all such installations shall be made below the surface of the ground and so as not to interfere with the track of said Railroad Companies, or the use of the right-of-way by said Railroad Companies, or their operations thereover, all in strict accordance with the specifications and requirements of said Railroad Companies. Provided, however, that in connection therewith, the grantor shall not permit any excavation or trenching to be performed within the limits of the said right-of-way unless such trenching or excavation is adequately shored and cribbed. Further, said shoring and cribbing shall by constructed and main- tained with such materials, and in such manner, as to withstand all stresses likely to be encountered, including, but not by way of limitation, any stresses resulting from vibration caused by railroad operations at or in the vicinity of such work. (2) The right to construct public or private streets across the right-of-way hereinabove described, at locations acceptable to the Railroad Companies, and in accordance with specifications and requirements of said Railroad Companies. (3) The right to relocate and/or to terminate this easement and right-of-way under and pursuant to the terms of that certain agreement dated the 16th day of January, 1974, entered into by and between the parties hereto (which agreement sets forth the terms and conditions under which railroad service is to be extended into Segale Business Park in Tukwila, King County, Washington), which said agreement is incorporated herein by this reference thereto. IN WITNESS WHEREOF, the grantor has executed this instru- ment this 16th day of January, 1974. 4017 Mario A. Segale, a .so'le proprietor doing business as Segale Business Park -2- STATE OF WASHINGTON ) COUNTY OF KING ) ss. On this day personally appeared before me MARIO A. SEGALE, to me known to be the -Individual described in and who executed the within and foregoing innt rument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GTVF.N under my hand and official seal this loth �1•, January, 1974. > !� ,t, . tip•. r ' . .o Apr fi minCrAiht Nota mod for .L Washington, residing at`'; -3- 0/79 1 t- ',d s; RIGHT-OF-WAY EASEMENT The grantor, MARIO A. SEGALE, a married man dealing in his separate property and estate, and as a scle proprietorship doing business as SEGALE BUSINESS PARK, for and in consideration of ONE DOLLAR ($1.00) and other valuable consideration, receipt `y (D of which is hereby acknowledged, conveys and warrants unto CHICAGO, t` p-- MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a Wisconsin U eutpuration; OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY, an O Oregon corporation, and its lessee, UNION PACIFIC RAILROAD COMPANY, , co a Utah cnrnnration, hereinafter called "Railroad Companies", an '7 Segale Business Park in Tukwila, King County, Washington), which said agreement is incorporated herein by this reference thereto. IN WITNESS WHEREOF, the grantor has executed this instrument this ' ;' ` day of :;�y� 1977. OD O Mario A. Segale, a�married man dealing O in his separate property and estate, N d/b/a Segale Business Park. STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me MARIO A. SEGALE, to me known to be the individual described in and who execut.•ld the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and pur)oses therein mentioned. GIVEN under my hand and official seal this -+ day of ;•,>..: , 197 RIGHT-OF-WAY EASEMENT Page 2 /) Notary Pu$1}4c in and for the State of Washington, residing ate_,; ,,,. - My commission expires: L24t, !-75 '77 :t... L ' 0 C), :=1 r„) 0 0 0 4-, 0 o 0 ttn 2 9 VII MEMCIRANnU1:1 - " KING COUNTY wATErt nisTtilcT NO, 75treforred to herein as "Districl");and MAII/0°A.""SE,cAbE.(toferred to herein as "Segale") mutually agree as followst BACKGROUND AND PylIPOS% Or ACREI:t1ENTY Segal°, a married man, is the owner and developer as his separate property of H3egalo Business Park", lying south of and adjacent to South 180th Street (being a portion of Section 35, Township 24 North, Range 4 U.W.11.0 %'ukwila, King County, Washington), as 'depicted on drawing entitled "Segale Business Park Utilities-Layout",tdatecfl: .‘1 3 auly 1973, prepared by meriwether-Leachman'Associatem, which drawing is attached hereto as Exhibit ,RA" and in- corporated as part of this'agreement.4 The -location of street "dt" as shown on said draWIng, is established (soy- - oral industries have been Constructed or aro now in the )rocess of construction aljacent thereto). ,,Bouth 100th :ltreet and Southconter Parkway are existing public roads which lie along the perimeter of the business park. The locations of other streets within the business park, ls shown on said drawing, aicapproximations only, and are subject to adjustment as :-.116 needs of industries becoming -,ituated in the business 'park IJecome betterknown A temporary 8-inch w:iLer line h. n on "n" ;street as an interim rcanur© ient3in `rcrfrlur;c:morlt a pc'rmnnent 32-inch line. See L hibl attached hereto and made Apart• hereof this agreement is to set_ forth the conditions %!hic:h the District will provide water — service ,:usint::; : Park and industries becoming situated TERMS of. AGP.EE.lENT 1. District will'endeavor to obtain funding rom the Economic Development Administration (EDA) for the installation of a permanent facility to servo the water needs of said business park, said permanentinstallation to be constructed in accorclance'wlth the Diatrict'a ritan- darcls than obtaining. Sosjale will ASH it District; tis re ication for nnid grant thort;with, tend s to iti progresn i connection quired, in connection with the appl and any hearing scheduled in �).istric:t will keep Segale advised a ward obtaining said funding. 2. If and when said fund the ED7, District will utilize said g ceivcd fro nds for the Jation of a permanent water facility along nrl ".1" street to replace the existing temprary;, facility as heretofore in stalled by Segalo, and shall further utilizo said funds :or the inE;tallation of i ormJnent:wat:Or facility on other it:roots within Segal° Business Park,:a* depicted'On Exhibit "A" hereto. See Exhibits'"8-1" and "J-2" attached hot0. Sogille will pay the full cost of'Said permanont"instaliation of watermains within Segalellusiness Park 10 tho extnt I:DA funds appropriated thorpforp aro insufficient. Pod- . funds may be suffjoicipt to cover the cost of bring- ing the water to the property (i.e., a 16-inch main run - ;ling approximately South i94thStreet and 5Gth Avenue South to an easement which , -is ippro,drnato1y Street South, and involving a co,Inoctionat South 194th Street to an existing 18-inch mairvof the DistrIct)If:fcleral funds are not granted, Sealo at hit election,shall do one of tho following: A. Connect to ',:the Tukwila main at Sou6s 1800 Street, adjacent to his property, but he shall be re- 4uired to pay for bringing,water from that point to hin droperty and for the connection to the Tukwila line (at south 180th STrect). B. Connect with:existing 8-inch line at South - center Parkway at South 164th Street and permit either sogalo or City of Tukwila to'imatalla line to intortio from exinting Tukwila watersys.tom on 180th Street to • "A" Street: in Sergal° huntrcan Park n "A", in which event: thP:ntrict. phial .ror tho adequacy of th0 main or wnter.:rupply. "° > C. Install a line from thu about. 193rcl Street: te,Sugale Bussine :t) a line will be required for this pti Segaie shall have At his option, the rlclht oC •j .loing either of the options listed t►bovi3, throug2, "�", by forming a Utility Local ImprovemrnL UistXict (per ,(CW 57.16.060 et seq) as to> part or ,all or tho D volop- r.tent, whether wi thin or w:.thout tho Industrial 1'ari:. The ,additional cost for lines exceeding 12,_inches:which aro required by the Districhall by ho solo sponsibility of the District 3.In the event of no Federal f in addition to the obliga':ions sat' forth herein, ehnll pay' :or tho full cost of the installation of-12-inch_ writer lines (permanent) within the Sega alternative option avraila•,le asp right to petition to fort.: a Utility. Local:,. district- (per 12CW 57.16.0a et seq. to pay for the full cost"of.:t e inst eater lines (permanent) within - tile. Se Tice' adcli tional cost for 1: nes exceed the Sega1e Business Park "hall be the role re ponzibility of the District. The installation described in thin, pars graph shall be on ti,c: forth her ant •htains al +a Bus ark, 2-inch ark. Ichen within chall bo installod for each tract or -lot of properly r .iuirinq water; and the main shall extend'across the width of the property (or across the front -of the properly as the case m.!y be) ; and theAtiain shall extend to Cho pro.. dolly lino of the next lotor tract so:as to:prevent any 11") oiatus, if and when thenext lot. or tract applies for: :ar. 4. lt,i0 (ia4,111nt for federal', nding iv not received by e...1e. (. , 1974, then Segal() shall than select in writing one of:Jiis options herein and shall Com- -oner! the installation ofJmins aa set forth herein above. Mier° the installation by Segale of, permanent 12-inch mains Ire required by this agreement,the wor}: shall be commenced and completed with reasonable-Ailigenceand within a reasonable period of time. 5. District sh711 not be responsiblo for the adequacy of said temporary lines as installed by Segalo and the maintenance of said lines shall be the nolo reopen- sihility of Segal°. G. As permanert water lines are installed (whether trough EDA finalTing or etherwisc), Segal° will grant to the District, from ,timn to timeeasements and rights -of -way for the construction, maintenance, repair Ind replacement of permanent walerliness together with all ccessary rights of ingrels•and egresn"teandjrom said . , . . easemts en. In addition,:'before any watermainbare copied by the tJintrit.'t or w*t.or throti.lh said than, llt+lalcl hliati e t ho District rt I,•i l l of Salo, 11.1 uurh per +ro involved and shall oxeCute-. a ..ho necessary 1)ermattrnt easement be in t.lie usual form required by tau .D .R V.•Iopvrs, an example of which fa lxhl ,v ::hall be 20 feat in width for coiltitructio reduced to a 1S-foot width for maintenance and _)ur;)o<;r:s and p.L•rmancnt in time. ;,Ithouglt otltur.,ut%lltfeis.: :say share said easement, noverthelesO,.reast3rtable And dot cluatc space and room ,hall be allot' d in n11 Cosea.for instill lino and maintaining 'laid mainnvfor thct purposes referred to abo...n. If So.j 1a desiroa::to change the loco - :ilea within the Saga le 13un i.ness flier of tcml,orary or par- lineal wrttermains, the ccs:'t of rhwlocntion &ha11 entirely i,o born by Scipio: but revised aoagtttents Ana pills of .ale nh711 first be executed and. dalivvrcd tc t tt f5intriet to cover the change of location. 7. District t.i11 rtnnunme a11''tone of construction, mai.ntena:.:a, repair. and re aid permanent water lines and will,furnish wutcr,.,upo,s nd eontn 'cunt for the performance by Segal° of his obligations herein, in eluding but not limited to the grant ot`:easantonte rrsfcrred . to heroin and the execution of such. Di11#c•of fia10.0s may 5o rrguirr'd or rcciuo::led by the District covering any of said ntinn. 8. !;onalc: shall pay for a 10-inch meter, unless Mtn inter -tie motor is: provided by the City of 'Tukwila, hcut permanent 12-inch mains are constructed (in their initial l,!r:rr:c), or :coiner if the District needs; or ro- J iu.iros lire I)i.s;trict's. (,•-i:,ch meter-, which is presently ti :wing used by Sc•y.t 1 a. 9. The furnishing of water to the temporary l i ne (.:) along "A" Street which is faro) presently connected to the 'i'u!:tli.t;t system, s;hnl.l be limited to the period ending August 31, 1974, ut,les;n such period is extended iv the City of 'iufi'.;i1rt. The furnishing of water either through temporary or permanent mains is conditioned anong other things upon Segale's performing all of the terms required of him by this a,•r.cement. Water service Shall 5o at going rates. 10. his agreement shall inure as to its bene- fits and burdens to the parties; hereto and their respective successors and assign:;. It is understood thin agreement: ;:iut11 he recorded .in order to put prospective or future purchasers of the >egaln property right:; and obligations. on notice of their DA'FI:I) this day of '�— c-/—, 1974. KING COU•TY w.\TF:1t DISTRICT NO. 7! ' _7 tY:c ‹ e.e- :=- . i ity largo A. cycle manic d llcnryrli, yle, {'r.esc.i nt: man, dea.1 i rt<I i n 11. is awn scp- arate property and octal:c• -7- i .vl<• I r rnl tl:fr�, r[+CYt r.try ;'ii+'I'i: cat' WA!;:it i NtJ't'.)' ) cou:+'lY ur KINn On thin /_ clay of:.i u #' f _• I i4a`ioforo .;e, the undersigned, a Notarylauhi .�at zatici tur l�o Stu of Wa:;h inclton, duly a mmi ss:ioneci. `asitl "rs ct,r�t► nresrirwlly',. " appeared HENRY D. LYLE Find LYLTd'M.-`1:11dt±1rl tk, tta tri{t ktlUWrt". to be the President; and Secretary, **toupee Ivcly, of ;;EN'.; CiJ,L:TY WATER DISTRICT NO. `=?ar ,.th"b CerporCa t lta:a that ..:•:0.eut.ed t.ho foregoing instrument," Atict nchtacswlcsiyetlt:thn :laid .in:-tru:,: nt to be the frcc"anca, v©lunt;nry' act ntid=dec'a :lt said corporation, for tI)e-uROs an:1 puri+arc)a therein . s'nt•ic nod, and on oath-tatedthat" they- carte.4t4htirizrd to r::ecute the said instrument 'and"-,ai)at tilo--t' 1 :+ffixnd i n the corporal° ;,c•a] of said cor.)x.rrotio ''''' WITNESS my hand and.'oificio :ixed the clay and year in this certifies 'I'ATE O1 WASHINGTON ) ) ss. COUNTY OP Y LNG ) On t.his e -day of ` ' b no, the undor:;ignt'c1 Notary Public, pe pally appeared '"4ARIc) A. SFGALE, to me known to ba: t()e>':iiidividunl.. Who exeeuL,,d the within and forogoing`instrumeni: :and ackno'rr- cclriod that he signed and sealed 0e." mimes' icyt.hiVfree "ttnd vo] untary act and deed, for the. ust s und=-purl �aon'ttierei.n s mentioned. GIVEN under my hand Fand:ifficii and year in this certificate"Ftbove kstrittct J CV JJ 7 n. EXHHIBIT A Plans of Segalc Business Park Utilities Layout, Meriw,.ther- Loachman Associates, dated July, 1973, attached to original duplicates of this Memorandum Agreement, too bulky to record. 1'1111.11' NI. I101CI1 & ASS(1CIATCS'1 co.:sui 1 LVi+ CNi5IAL 1LQ Hrliraua, l:I ? I Qtun • f:i it 1 ,t•:',11 az**, r " *rt,4 ; • • `,•',7 •' ' I ----- 7-1 ‘4;77.."4 ',;7 • Legal Description: A portion Of Section 35, Township 24 North, Range 4 E.14.14, in Tukwiln, Xing County,, Washington. - • ' • Exhibit 821 -•1•-•••,;••..74,-*.• t E.A.SEI ENT FOR WATER 1'I1'^1.INE THE Grantor , mARIO A. SCGALN:, n married man, dealing .in hos own separate property and estate does hereby ;grant to WATER DISTRICT NO, 75, King County, Unahin- ton, a municipal corporation, Grantee, its successors and ensigns, an caser,..ent nnd right-of-way over, through, under, across, upon and in the fo1icz'inV described property situated in the City of , :tin;, County, Washington, to -wit: for the construction, o cration, maintenance, repair and/or re- placement of a water pipeline and appurtenances thereto, together with the right of ingress and egress to and from said easement for all purposes necessary and relrtec'. thereto. This easement is granted with the understanding that the property affected will be returned to a condition equal to its original condition upon completion of any construction. The Grantee agrees to indemnify and save harmless the Grantor from any liability or damage accruing to the Grantor arising from the 1 act or acts oi: the Crante.,. 1).A'I';il) this clay vt STATE OF t1:1S 1INGTON c:C:r :1:`i U? 1(I::c Me, ) .:S : On this clay of 196 before the unc',�r sir;nechotary Public, personally appeared to rt2 kncn: to be tite indiviuual who e::ecuted the wi`bi and f oreoin'; instrument and ackno'led, eel that he sioncd and scaled the samr- as free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year in this certificate above written. STATE OF W S:{ INGTON ) ) s:,: COUNTY OF KING ) ;:OI.\ y PUBLIC in and for diFTTate of t.shin3ton, residing at On this (I n' or , 196 , before me, the undersigned; a r:otary Public in and for t1 State of liashin,;ton, duly commissioned and sworn personally appear- ed and to tie known to be the Presic;ent and Secre- tary, respectively, of the corporation that executed the forcoin" instrument, anT acl:nowled„c<1 the said instrument to be the free and voluntary act and deed or said corporation, for the uses and purposes therein mentioned, and on oath stated that he authorised to execute the said instrument anT :haithc stet affixed is the corporate seal. o ` said corporation. WITNESS my hand and official seal hereto affixed tic day and year in this certificate above written. I P;;L1t: itt ann tot' the ,.i ato of Washinton, residinr; ;t:. 7803020870 WATER DISTRICT NO. 75, KING COUNTY EASEMENT FOR WATER PIPELINE APR 2 9 20111 COMMUNTY DEVELOPWI64T The Grantor, MARIO A. SEGALE, dealing in his separate property dnii estate, does hereby grant to WATER DISTRICT NO. 75, KING COUNTY, WASHINGTON, a municipal corporation, Grantee, its successors and assigns, a non-exclusive easement and right-of-way over, through, under, across, upon and in the following described property situated in the City of Tukwila, King County, Washington, to wit: An easement 15 feet in width as depicted in cross -hatch on drawing entitled "Segale Business Park Water Main Easements" (drawing No. 331-77 dated March 21, 1977) attached hereto as Exhibit "A", which easement is segmented and lies between the following points as shown on said drawing: Between Points D and I, E and F, F and G, B and H, " N, O and P, " L and M, and J and IC 1% EXCISE T..-' ': King Cc. By L. r :.._.-. Deputy All in Section 35, Township 23 North, Range 4 E.W.M. for the construction, operation, maintenance, repair and/or replace- ment of water pipelines and appurtenances thereto, together with rights of ingress and egress to and from said easement for all purposes necessary and related thereto. This easement is given pursuant to and all rights hereunder are subject to Agreement between Grantor and Grantee recorded under King County Auditor's File No.74-08270565. Under the terms of said Agreement, Grantor (at Grantor's expense) may relocate mains and easements and revise Bills of Sale. Said Agreement (together with attached plan showing location of streets, mains and easements) is incorporated herein by this reference. Grantee agrees to indemnify and save Grantor harmless from all liability or damage to Grantor resulting from any act or acts of Grantee within Segale Business Park. Dated this /..ate day of �1�. , 1977. - MARIO A. SEGALE, de ring in his separate property and esta e STATE OF WASHINGTON) ss. COUNTY OF K I N G) On this day of ('l.-p.,.. , 1977, before me, the under- signed Notary Public, personally appeared MARIO A. SEGALE, to me known to be the individual who executed the within and foregoing instrument, and acknowledged that he signed and sealed the same' .._."` .•"' his free and voluntary act and deed, for the uses and purpose.s*erein mentioned., GIVEN under my hand and oif dial seal the day and yeai(. n'thlis certificate above written. NOTARY PUBLd in and for brie —g\ Washington, residing at Seattle. ( ti 6,0 0 LIZ APR 2 i4,c Grantor, MARIO and etate, does heraby WASHINGTON, a municipal assigns, a non-exlusive under, across, upon and in the City of Tukwila, WATER DISTRICT NO. 75, KING COUNTY EASrMENT FOR WATER PIPELINE Ate VT 18 ,, • RECr1R°1 Afrnnf� t A. SEGALE, dealing in his separate property grant to WATER DISTRICT NO. 75, KING COUNTY, corporation, Grantee, its successors and easement and right-of-way over, through, in the following described property situated King County, Washington, to wit: An easement 15 feet in width as depicted on drawing entitled "Segale Business Park Water Main Easements" (Drawing number 331.77 date] March 21, 1977 revised August 2, 1978) attached hereto as Exhibit A, which easement is segmented and lies between the following points as shown on said drawing: Between Points I and Between Points Q and Between Points Q and Between Points S and Q R S T A11 in Section 35, Township 23 North, Range 4 E.W.M. for the construction, operation, maintenance, repair and/or replace- ment of water pipelines and appurtenances thereto, together with rights of ingress and egress to and from said easement for all purpose: necessary and related thereto. This easement is given pursuant to and all rights hereunder are subject to Agreement between Grantor and Grantee recorded under King County Auditor's File No. 74-0 827056S. Under the terms of said Agreement, Grantor (at Grantor's expense) may relocate mains and easements and revise Bills of Sale. Said Agreement (together with attached plan showing location of streets, mains and easements) is incorporated herein by this reference. Grantee agrees to indemnify and save Grantor harmless from all lia,ility or damage to Grantor resulting from any act or acts of Grantee within Segale Business Park. Dated this .,:re day of .,t,. STATE OF WASHINGTON ) ) ss. COUNTY OF KING , 197 . MA-IO A. SEG`i>r , dealing in his separate property and estate. On this /j day of i 9 , 19 7. , oefore me, the undersigned Notary Publicr'•ersonal appeared MARIO A. SEGALE, to me known to 1•e the individu= who exe*••ted the within and foregoing instrumer ., and acknowledged that he signed and sealed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year in this certificate above written. r,...- FILED for Record at Request of Addre NOTARY PUBLIC in and for t State Qf Washington, residing a--'.,-g2 C-774/r✓-. '1% EXCISE TAX NOT REQUIRED +` Co. Records D(vision BY i .044 • • MIZT :fir • ' 79041712G7. f ; •-e,;4 • • I : , t. 5 6J sob P6' is, • — 11, 1,4 . •" I N.,' • ) 4 Ai • Li u Z z%r,. t- pi w__ • ' 2 Jf� . i r' ;.r 79ii41712:.7 i (a J 8001140093 I"Iif.D FOR RECORD AT REQUEST OF „it‘oro Sato TITLE INSURANCE COMPANY 2Ri5 4th AVENUE, SEATTLE WA 93121 Amendment to Short Form Deed of Trust 9 1p11� Dated September 15, 1978 Gotekvags- fs is an k •: .:went to Short Form Deed of Trust dated September 15, 1978, recorded on October 3, 1978, in the Department of Records and Elec- tions of King County, Washington, under King County Recording Number 78100301J2, in favor of Sun Life Assurance Company of Canada as benefi- ciary and executed by Mario A. Segale, a married man dealing in his separate property and estate. By this Amendment to said Deed of Trust, the parties hereby agree that Exhibit A, attached hereto, and by this reference incorporated herein, shall be substituted for the property description contained in Exhibit A to the Short Form Deed of Trust dated September 15, 1978. Except as amended herein, all covenants, terms and conditions of said Short Form Deed of Trust remain unchanged and continue in full force and effect. Executed this 2 '' day of ,J 1979. 4 1980 JAN 14 nt' 8 30 ELEC T :(•. , ; ; CO. WN. .. Y . Mario A. Segale, married man dealing in his separate property and estate STATE OF WASHING TON COUNTY OF-N---0.1 } } ss. On this ZI ay o before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Mario A. Segale, to me known to be the individual who executed the within and foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. NOTARY PU&LIin and for the State of Washington, residing at „1- SUN LIFE ASSU ► ACOMPANY OF CANADA APPROVED I /1 �By:ENTERED j By: for President 6 STATE OF MASSACHUSETTS COUNTY OF NORFOLK tfor Ssereutry ) ss. On this 2 day of ga,v4ky4444, before me appeared pli.t 90 # RGEAt, cbt..ona both to me known to be acting for the President and Secretary respectively of the Sun Life Assurance Company of Canada, the corporation that executed the annexed instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for uses and purposes therein mentioned, and on oath stated that they were author- ized to execute said instrument, and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fir ,t a5p„ V NOTARY PUBLIC My Commission Expires: lV0 I¢.(QcO EXHIBIT A LEGAL DESCRIPTION: That portion of the Southwest Quarter of the Northeast Quarter and (nvprnmenr Lot 5, and Government Lot 6. ALL in Section 35, Township 23 North, Range 4 East, W.M., in King County, Waahingto , described as follows: BEGINNING at a monument at the Northeast corner of the said Southwest Quarter of the Northeast Quarter; thence South 07 degrees, 44' 56" West, 01 470 feet; thence North 87 degrees, 50' 09" West, 628.86 feet; thence ON South 14 degrees, 28' 47" West, 86.93 feet; thence North, 75 degrees, CD31' 13" West, 30 feet to th. TRUE POINT OF BEGINNING: thence South 14 0 degrees, 28 47 West,51.57 feet to a point of curve; thence along a curve to the left having a radius of 1,159.89 feet through a central angle of 06 degrees, 47'39" an arc distance of 137.54 feet; thence South 07 degrees, 41' 08" West, 206.95 feet to a point of curve; thence along co a curve to the right having a radius of 1,104.55 feet through a central angle of 13 degrees, 06' 17" an arc distance of 252.63 feet; thence South 2U degrees, 4725" Waat7E4.3/1feet t„ 14 thence alon a curve to the right having a radius of 50 feet tthrough of vae�central angle of 92 degrees, 41' 08" an arc distance of 80.88 feet; thence North 66 degrees, 31' 27" West, 240.80 feet; thence North 17 degrees, 28' 13" East, 1,424.06 feet; thence South 87 degrees, 50' 09" East, 230.35 feet to a point of curve; thence along a curve to the right having a radius of 40 feet through a central angle of 102 degrees, 18' 56" an arc distance of 71.42 feet to the TRUE POINT OF BEGINNING. Subject to an easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument recorded on Decem- ber 20, 1974, in the office of the recording officer of King County, Washington, under recording number 7412200369. In favor of: WATER DIST?.ICT NO. 75 For: Water pipeline Affects: Said premises and other property • Together with all right of ingress and egress to and from said easement for all purposes necessary and related thereto. Subject to a Memorandum of Agreement dated August 7, 1974, recorded August 27, 1974, ill the office of the recording officer of King County, Washington, under recording number 7408270565, entered into by and be- tween: KING COUNTY WATER DISTRICT NO. 75; and MARIO A. SEGALE: Providing: The setting forth of conditions under which the district will provide water service to Segale Business Park and Industries becoming situated therein. Subject to a right to the waters hereinafter stated not to exceed 2.15 cubic feet per second is contained under State Certificate Issued: November 27, 1933 Recorded: November 29, 1933, in the Department of Records and Elections of King County, Washington, under King County Recording No.: 2778454 Waters of: White River, a tributary of Duwamish River To: FRED J. MESS AND WALTER MESS, of Route 5, Seattle, Washington RLSERVING an easement for sidewalk and utility purposes over the Northerly 15.00 feet, over the Easterly 15.00 feet and over the Southwesterly 15.00 feet of the property described above. RESERVING the right of ingress and egress to maintain, install, improve and extend utilities. RESERVING an easement for railroad purposes, and at. easement for access road purposes, including, but not limited to railrot. maintrack, lead track and spur tracks, as well as for railroad access, and storage, and ON c as well as for other vehicle egress and ingress and truck maneuvering over CD that portion thereof lying Westerly of the Westerly building line produced. CD RESERVING an easement for common access purposes, including ingress and egress over the following described portion thereof: CD CD BEGINNING at a monument at the Northeast corner of said Southwest Quarter of the Northeast Quarter; thence South 07 degrees, 44' 56" West, 470.00 feet; thence North 87 degrees, 50' 09" West, 937.93 feet; thence South 17 degrees, 28' 13" West, 31.10 feet to the TRUE POINT OF BEGINNING: thence CO11Linuiug :,ouch 17 degrces, 28' 13" West, 117.ns feet to a paint of cur- vature on a line 10 feet Westerly of the centerline of the railroad lead track; thence going in a Northeasterly direction along a curve to the right having a radius of 393.51 feet; the center of which bears South 59 degrees, 35' 08" East, through a central angle of 15 degrees, 24' 35" an arc distance of 105.83 feet; thence North 10 degrees, 19' 51" East, 27.76 feet; thence North 87 degrees, 50' 09" West, 35.00 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO an easement for buildin.- setback purposes over a 60 foot wide strip of land surrounding and adjacent to the main building line which is described as follows: BEGINNING at a monument at the Northeast corner of the Southwest Quarter of the Northeast Quarter of said Section 35; thence South 07 degrees, 44' 57" West, 470.00 feet; thence North 87 degrees, 50' 09" West, 706.22 feet; thence South 17 degrees, 28' 13" West, 163.72 feet to the TRUE POINT OF BEGINNING: thence continuing South 17 degrees, 28' 13" West, 100.00 feet; thence North 72 degrees, 31' 47" West, 20.00 feet; thence South 17 degrees, 28' 13" West, 320.00 feet; thence South 72 degrees, 31' 47" East,20.00 feet; thence South 17 degrees, 28' 13" West, 150.00 feet; thence North 72 degrees, 31' 47" West, 20.00 feet; thence South 17 degrees, 28' 13" West, 580.79 feet; thence South 72 degrees, 31' 47" East, 20.00 feet; thence South 17 degrees, 28' 13" West, 115.00 feet; thence North 72 degrees, 31' 47" West, 200.10 feet; thence North 17 degrees, 28' 13" East, 1,165.88 feet; thence North 26 degrees, 08'56East, 101.07 feet; thence South 72 degrees, 31' 47" East, 184.85 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH a non exclusive easement fore ingress, egress, and utilities purposes, 60 feet in width, having 30 feet on each side of the following described centerline: BEGINNING at a monument at the Northeast corner of the Southwest Quarter of the Northeast Quarter of Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington; thence South 07 degrees, 44' 56" West, 470.00 feet; thence North 87 degrees, 50' C9" West, 628.86 feet to a point hereinafter designated Point 'A'; thence South 14 degrees, 28' 47" -2- West, 138.'•9 feet to a point of curve; thence along a curve to the left having a radius of 1,129.89 feet, through a central angle of 06 degrees, 47' 39", an arc distance of 133.98 feet; thence South 07 degrees, 41' 08" West, 206.95 feet to a point of curve; thence along a curve to the right having a radius of 1,134.55 feet through a central angle of 13 degrees, 05' 17", an arc distance of 259.50 feet; thence South 20 degrees, 47' 25" West, 868.17 feet; thence North 66 degrees, 31' 27" West, 321.49 feet to the terminus of this easement centerline. TOGETHER WITH: beginning at Point 'A' described on the above centerline; thence North 87 degrees, 50' 09" West, 309.07 feet to the terminus of a centerline having 30 feet of width on each side. EXCEPT that portion thereof lying within South 180th Street. SUBJECT, HOWEVER, to the right of Owner and Owner's successors in title, to relocate said easement within Segale Business Park on the following terms and conditions: Cl (1) Any such relocation shall perpetuate similar rights of ingress, CD egress and utilities to a public road; CD (2) The width of said relocated easement and the physical surfacing thereof shall he similar to that of the initial casement; (3) The route of said relocated easement shall afford reasonable direct access to a public road; (4) Tht. legal rights of Mortgagee and Mortgagee's successors hereunder, in and to route of said relocated easement shall be substantially the same as with respect to the route of the initial easement; (5) Said relocated easement shall be apprnnr.iately documented by a supplement to this Assignment containing a revised legal description and shall be insured at the expense of Owner by a title insurance company on the same bas'.s as the original relocatable easement. (6) The expenses of such relocation, including the construction and surfacing thereof, shall be the sole responsibility of Owner or Owner's successors in title. -3- eP\ 1% E;•:CISE TAX t:riT 1,•• . I^ • p \ • pQ� 100ti..1 :0 EASEMENT Mai :.. C:2G ;:p AT REQUEST OF: PUGET POV. a REAL. ESTATE DIVISION PUGET POWER lO. BELLEVUE. WASHINGTON WOO AlTENT ON: GI O:V1E LEITIXANTITIWI 93 '0`s ?r a0544 A ti Et iP `r2 For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, MARIO A. SEGALE, a married man dealing in his separate property and estate, d/b/a SEGALE BUSINESS PARK ("Grantor" herein), hereby grants and conveys to PUGET SOUND POWER $ LIGHT COMPANY, a Washington corporation ("Grantee" herein), for the purposes hereinafter set forth, an easement over, across and under the following described real property (the ' "Property" herein) in King County, Washington: 0 See Attached Exhibit "A" Except as may be otherwise set forth herein Grantee's rights shall 0 be exercised upon that portion of the Property (the "right-of-way" herein) described as follows: A right-of-way ten feet in width having five feet of such width on each side of a centerline described as follows: The centerline of Grantee's facilities as constructed or to he constructed, extended or relocated, lying within the above -described Property. 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace and enlarge one or more electric transmission and/or distribution lines under the right-of-way to serve the property described in Exhibit "A" together with all necessary or convenient appurtenances thereto, which may include but are not limited to the following: qit ?E11i(1"SO Underground conduits, cables, vaults, manholes, switches and transformers; semi -buried or groundhog11171,11,1 mounted facilities such as pads, transformers and switches; streetlights; any and all necessary or $YTH+EOIVISiOF convenient appurtenances thereto. WORDS 4 fillt wuhmat Grantee agrees to immediatley replace to its original condition and repair all landscaping, parking areas, sidewalks, streets, driveways, and any and all other items or improvements which may become disturbed or damaged due to any repair or improvement by Grantee in the right- of-way. 2. Access. Grantee shall have the right of reasonable access to the right-of-way over and across any access roads, driveways or parking areas, if any, existing at the time such access is required, and located on the immediately adjoining property of the Grantors, as described above, if any, at the time such access is required. This grant of access rights is a permit only and is not intended nor shall it act or be an encumbrance, casement or restriction on any such property; nor shall it prevent Grantors from removing, changing or blocking any such access roads, driveways or parking areas; nor shall it prevent or restrict any use of or interest in or to any such property whatsoever by Grantors, their successors or assigns. Grantee agrees to compensate Grantor for any damage caused by the exercise of said right of access. 3. Consent of Grantor. Grantee agrees that it shall first obtain Grantor's or its heirs, successors or assigns prior written consent prior to the installation or construction of any of the facilities described in Paragraph 1 hereof; provided, however, Grantee shall not be required to obtain prior written consent in the event of emergency repair or renovation of Grantee's existing facilities. 4. Grantor's Use of Right -of -Way. Grantor reserves the right to use the right-of-way for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not construct or maintain any building or structure on the right-of-way which would unreasonably R-1785 0282134 KJ-44 234/137-138-139-140 1 - 83052'70544 interfere with Grantee's existing use of the right-of-way without first obtaining Grantee's prior written consent, and Grantor •hull do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. S. Indemnity. By acce:,ting and recording this Easement, Grantee agrees nand all claims, suits,f costs, hdamafes or attorneys fees sforeinjuriess from aand/or damages suffered by any person, or property which may be caused by the Grantee, its employees' •ontractors' or agents' exercise of the rights herein granted; provi, a , that Grantee shall not be responsible to Grantor for any injuries and/or das,ages to any person caused by acts er omissions of Grantor. 6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the right-of-way for a period of five (5) successive years, in which event this Easement shall terminate and all rights hereunder shall revert to Grantor, provided, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its facilities on the right-of-way within any period of time from the date hereof. i Relocstion of Easement. The grant of this freemen, t !s additionally subject to the following: .' In order to facilitate future development or use of the subject or adjoining properties by Grantor, its successors or assigns, the Grantor, and its successors and assigns retain the right to have all or any parts of the above -described right-of-way parcels, and any of Grantee's improvements thereon, relocated at aLy time as follows: A. Grantor, or its successors or assigns shall first notify the Grantee of the requested relocation by the mailing of notice to the Grantee, at its last known address. B. Within ninety (90) days of such notice, Grantee agrees to relocate said easement and improvements thereon to the new location, and to restore the old easement location to its original condition, all at Grantor's sole cost and expense. 8. Release of Property from Easement. Grantee agrees that at any time it is requested by Grantor, its heirs, successors or assigns, Grantee will, within sixty (60) days, execute a release and termination of this Easement from any portion of the property described in Exhibit "A" which is not occupied by the right-of-way or Grantees facilities; and Grantee additionally agrees that at any time it is requested by Grantee, its heirs, successors or assigns, it will take from Grantor a specific easement specifically describing the right-of-way on any parcel of the property described on Exhibit "A", and release and terminate that parcel from this Easement. 9. Agreement by Grantee. It is understood and agr.ed that by installing any of its facilities in the right-of-way or by exercising any of its rights hereunder, Grantee accepts each and every term and condition of this Easement and agrees to be bound by same. 10. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective heirs, successors and assigns. n ano, t e State of ashington residi g at 1 this c,7&4" day of 7)(2,4 1983. GRANTOR: MARIO A. SEGALE, a married man dealing in his separate properSEGALEty anBUSINESS estate, ARK �, d/b/a SBGALB eler 7- Mario A. Segale STATE OF wASH1NUTUN) ss. COUNTY OF KING ) On this day personally appeared before me MARIO A. SEGALE to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 1983. 3 • Easement Mario A. Segale EXHIBIT "\" PARCEL A: Government Lot Two (2): Southwest quarter of the Northeast quarter; and that portion of the Southeast quarter of the Northwest quarter lying easterly of the Anna Mess County Road; all in Section 35, Township 23 North, Range 4 E.W.M., EXCEPT county road and EXCEPT portion thereof included within the following described tract: BEGINNING at the Northwest corner of the Southwest quarter of the Northeast quarter of said Section 35; thence along the North 'C' line thereof South 88°54'46" East 247.29 feet; thence South 5° pUP' 51'40" East 142.26 feet; thence South 54°52'45" West 203.79 feet; thence South 29°26'45" West 159.30 feet; thence South w', 86'58'00" West 1')3.76 feet; thence South 58°20'50" West 100.50 feet to a point on the center of the road; thence co following the center line of said road North 8°43'18" East r) 467.77 feet to a point on the North line of the Southeast quarter of the Northwest quarter of said Section from which the Northeast corner thereof bears South 88°53'32" East 101.47 feet; thence South 88°53'32" East 101.47 feet to the POINT np nrr:TNNTNn: AND EXCEPT that portion of the Southwest quarter of the Northeast. quarter of Section 35, Township 23 North, Range 4 East, W.M., described as follows: BEGINNING at a point on the North line of said subdivision distance South 88°54'46" East 449.30 feet from the Northwest corner thereof; thence North 88°54'46" West along said North line 202.01 feet; thence South 5°51'40" East 142.26 feet; thence South 54°52'45" West 203.79 feet; thence South 29°26'45" West 159.30 feet; thence South 88°54'46" East 424.89 feet to a point from which the POINT OF BEGINNING bears North 1°05'14" East; thence North 1°05'14" East 401.77 feet to the POINT OF BEGINNING, EXCEPTING therefrom the county road; AND EXCEPT a portion of the Southeast quarter of the Northwest quarter of Section 35, Township 23 North, Range 4 E.W.M., described as follows: BEGINNING at the Northeast corner of said subdivision; thence North 88°53'32" West along the North line thereof, 101.47feet; thence South 8°43'l8" West 477.17 feet; thence South 17°59'30" West 247.69 feet to the TRUE POINT OF BEGINNING; thence contin- uing South 17°59'30" West 151.00 feet; thence South 71°43'40" East 203.51 feet; thence North 16°28'50" East 151.08 feet; thence North 71°43'40" West 199.53 feet to the TRUE POINT OF BEGINNING, EXCEPTING therefrom the county road. PARCEL B: All of Government Lot Five (5), and that portion of Government Lot Six (6),lying easterly of the existing county road which ex- tends in a northeasterly direction over and across said Government Lot 6, all in Section Thirty-five (35), Township Twenty-thr.e (23) North, Range Four (4) E.W.M., EXCEPT therefrom that portion of said Government Lot 6, lying easterly of said road and southwesterly of a line described as follows: BEGINNING at a point on the south- easterly margin of said road which point is marked by an iron pipe, and from which point the Southwest corner of said Government Lot 6 bears South 0°58'10" West 313.17 feet and North 89°O1'50" West Sn5.54 feet, said distance being measured, respectively, at right angles to and along the South boundary line of said Government: Lot; and running thence South 67°36'00" East 380.45 feet to an iron pipe, thence continuing South 67°36'00" Fast 50 feet, more or less, to the bank, of Green River; SUBJECT T0: Encumbrances, easements, restrictions and reservations of record, • 8506190902 JUN IJ ;`i9 jib GYTii; •r: 7N OF RAINIER VISTA SEWER DISTRICT ,E_ KING COUNTY, W! SHINGTON RESOLUTION NO.,„:".)•3 APP9`2 G E2011 EVEL0Pti i&1T A RESOLUTION of the Board of Sewer Commissioners of Rainier Vista Sewer District relating to charges and permit fees and to the Administrative Code and Operations Resolution No. 115 of the District; amending Sections 6.01, 6.02, 6.03 and 6.04 thereof; and repealing Resolution No. 281. WHEREAS, the Board of Sower Commissioners of Rainier Vista Sewer District (the "District") has found it necessary and desirable to reexamine the charges and permit fees imposed by the District on the new users of its sewer system; and WHEREAS, the Board of Sewer Commissioners of the District finds it necessary and desirable to revise certain charges and permit fees to reflect the costs of providing the services of the District for which those charges and permit fees are imposed; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SEWER COMMISSIONERS OF RAINIER VISTA SEWER. DISTRICT, KING COUNTY, WASHINGTON, as follows: Section 1. Section 6.01 of Resolution No. 115 is amended to read as follows: Section 6.01 Permit Fees. At the time when a building sewer permit is applied for, or prior to the issuance of a "letter of availability" of the District on the subject property to the building department of the county or applicable city, if any, whichever event shall occur first, the applicant shall pay to the District a permit fee as set forth below, and stub, trunkage and connection charges, if any, required by Sections 6.02, 6.03 and 6.04, respectively. In the event the permit is not issued, the District shall retain $10.00 minimum. or 15% of the total amount up to a maximum of $50.00, and refund the balance of the permit foe, stub charge, trunkage-charge and connection charge to the applicant. Permit fees aball be as follows: For each residential unit in a structure containing no more than two such units $45.00 For each residential unit in a structure with more than two such units For each commercial unit For each industrial unit For each sAification or addition to an existing building sewer where work is entirely done on private property. $45.00 $45.00 $80.00 $20.00 Payment of the permit fee shall entitle the applicant to Cr) processing of the application and inspection of the work done H pursuant to the permit. if any. U Section 2. Section 6.02 of Resolution No. 115 is amended QD to read as follows: Section 6.02 ULID No. 1 Stub Charges. For each building sewer connection made of to be made within Utility Local Improvement District No. 1 to a side sewer stub which was i.nstalled by the District from the main sewer to the property li.iie at the time the main sewers were installed, there shall be a stub charge of $100.00 in addition to the permit fee. Section 3. Section 6.03 of Resolution No. 115 is amended to read as follows: Section 6.03 Trunkage Charges Outside ULIDs. For each separate building unit connected by a building sewer to the public sewers of the District. where a main line is available, and located outside of all utility local improvement districts, whether or not located within the District, there shall be. in addition to the permit fee and in addition to the connection charge. if any. imposed by Section 6.04. a trunkage charge as follows: Single residence Duplex Multiple Dwelling Commercial Industrial - 2 - $1.000.00 $1,000.00 $1,000.00 $1.000.00 $1,000.00 The property owner must bear all costs of the connection of the property to the District's sewer s;:tem. The trunkage charge imposed by this section represents the property owner's fair share of the capital improvements of the District's system. Section 4. Section 6.04 of Resolution No. 115 is amended to read as follows: Section 6.04 Connection Charges for All Single Residence, P—plex, Multiple Dwelling, Commercial and Industrial Properties. Regardless of time of construction, or of location inside or outside of the District or any utility local improvement district thereof, there is established a building connection charge, in addition to any stub charge or trunkage charge imposed by Section 6.02 or Section 6.03, respectively, for the following classifications as follows: Single Residence Duplex Multiple Dwelling Commercial Industrial $100.00 $100.00 $100.00 $100.00 $100.00 provided. however, that property owners within a utility local improvement district in which the improvements have been completed and sewer service made available will not be required to pay a connection charge if they connect within six months of the completion of the utility local improvement district improvements. Payment of this charge shall entitle the property owner to connect its property to the District's sewer system. Section 5. A new Section 6.05 is added to tha Administrative Code of the District to read as follows: Section 6.05 Contracts in Lieu of Assessment. In Utility Local Improvement Districts Nos. 10, 11 and 14, stubs were provided to the property lines of a few propertie3 which are immediately adjacent to the boundaries of those utility local improvement districts and which can be served by the improvements constructed by those utility local improvement districts. Before the property owner may connect to the stubs - 3 - provided as a part of the improvements for any of those utility local improvement districts, the property owner must execute a contract in lieu of assessment with the District. The amount to be paid una::r the contract in lieu of assessment, payable in full before connection to the stub, will be calculated under the same formula used to determine the assessment amounts in the utility local improvement district to which the property is adjacent. Section 6. The permit fees collected under Section 1 of this resolution shall be paid into the District's Maintenance Fund. The stub, trunkage and connection charges collected under V L1Sections 2, 3 and 4, respectively. of this resolution shall be deposited into the Construction Fund of the District, estab- lished pursuant to District Resolution No. 18, adopted on April 14, 1958, and credited to the Contributions in Aid of Construc- tion Account, which is established and created. Section 7. This resolution shall take effect as of ✓� /a- , 1985. Section 8. Resolution No. 281 is repealed in its entirety. ADOPTED at a regular open public meeting of the Board of Sewer Commissioners of Rainier Vista Sewer District, King County, Washington, on /3 — , 1985. President and Commissioner 4-1r4c-s- cretary and Commissioner ommissioner 1047r ., Li , .0 1' I I +5 j'jn # ' RECEI"': h - DEC 10 583 vE?nDs+a.t APPENDIX "C" `, nivintos- e s j� RAINI VISTA 11�� r^ 1 SEWER DISTRICT fu \ 77qq1 AND VICINITY eeHcr,ll 3r �� NAMMOND,COIIIERiWADE IDI i `" 11VINOSTONE A>SOCIATES 1111141114 111141111 7 9412300689 After recording, return to: Peril:•`oie 1201 7 bird Avenue, 40th Floor Seattle, Washington 98101-3099 Attention: Carol A. Kirby Seattle Business Pule C:,.• STATUTORY WARRANTY DEED Grantor, MARIO A. SEGALE, a married man, dealing with respect to bit separa..... roperty and estate, for and in consideration of Ten Dollars (S 10) and other good an ;tluable consideration in hand paid, receipt of which is hereby acknowledged, conveys and warrants to LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership ('Grantee'), that certain real estate, situated in King Count), Washington, more particularly described on EXHIBIT A attached to and made a part of this Statutory Warranty Deed by this reference (•Property') and subject to those matters described on EXHIBIT A. DATED this 42 day of December, 1994. Grantor: STATE OF WASHINGTON ) ) ss. COUN OF KING .his day of December, 1994, before me. a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared MARIO A. SEGALE, to me known to be the individual who executed the within and foregoir instrument, and acknowledged that he signed the same as his free and volu.u; act and deed, for the uses and purposes therein mentioned. Yf WI tYt ON AIIIXO lIIA NI r01t11W 0q0-4UIs PR 2 9 2011 1 COt4 IU'4, 1 1' DEVELOP►ttiEk4T STAT u,,: .....ARRANT/ DEED PAGE 1 f00000v000rso947420.199I5 12121A4 9412300689 • GIVEN UNDER my had and official seal hereto affixed the day and year in this certificate first above wriuea. >LL (Signature of .54 n d r 4 -Ms V%r+4 (Print or stamp name of Notary) NOTARY PUBUG in end foe the S of Washington, residing at My Appointment Expires: II TAW I G7t f WARRANTY DUD 100000-000011043470.1 SOIS PAGE 3 12/31IS4 PARCEL 1: 1AT 1 OF CITY OF TUKWILA SNORT PLAT N0. 16-4S-SS, ACCORDING TO THE SHORT PLAT RECORDED UNDER XING COUNTY RECORDING N0. 86090111127 (ALSO BEING KNOWN AS LOT 1 OF CITY OF TUXWILA BOUNDARY LINE ADJUSTMENT NO. 93-0085, RECORDED UNDER RECORDING N0. 9311301961), SITUATE IN THE CITY OF TUXWILA, COUNTY OF XING, STATE OF WASHINGTON. PARCEL 2s LOT 2 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT N0. 93.001S, AS PER 931t130196ARY 1, BEIINE NG A PI PORTION OF LOTRECORDED U2DER OF CITY OF TUKWILA ING COUNTY SNORT PL►T N0. 86-45-22, RECORDED UNDER XING COUNTY RECORDING N0. 8609011152► SITUATE IN THE CITY OF TUKWILA, COUNTY OF XING, STATE OF WASHINGTON. PARCEL 3: LOT 4 OF CITY of TUXWILA BOUNDARY LINE ADJUSTMENT N0. 93.008S, AS PER BOUNDARY301961, BEING A PORTION OJUSTMENT FDLOTUNDER THROUGHING C4 OFYCITYOOFINTUKNO. ILA SHORT PLAT NO. 86-45-SS, RECORDED UNDER XING COUNTY RECORDING N0. 8609081152; SITUATE IN THE CITY OF TUKWILA, COUNTY .OF..KING, STATE OF WASHINGTON. PARCEL is LOT 1 OF CITY OF TUKWILA SHORT PLAT NO COUNTY RECORDING NO. 8505090619E SITUATE IN THE CITY OF TUKWILA, COUNTY . 85-19-SS, RECORDED UNDER KING PARCEL 5: LOT 2 OF CITY OF TUKWILA SHORT PAT N0. COUNTY RECORDING NO. 8505090619; SITUATE IN THE CITY OF TUKWILA, COUNTY PARCEL 6: LOT 3 OF CITY OF TUKWILA SHORT PLAT N0. COUNTY RECORDING N0. 8505090619; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. 85-19-SS, RECORDED UNDER XING OF XING, STATE OF WASHINGTON. 85-19-SS, RECORDED UNDER XING OF XING, STATE OF WASHINGTON. 1c. A-p. 1 • • PARCEL 7: LOT 4 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-22, RECORDED UNDER KING COUNTY RECORDING NO. 1505090619; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 8: THAT PORTION OF GOVERNMENT LOT 5 AND Of SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST .M., DESCRIBED AS FOLLOWS: BEGINNING AT A MONUMENT AT NORTHEAST CORNER OF SAID SOUTHWEST 1/4 OF NORTHEAST 1/4j THENCE SOUTH 07 DEGREES 44 MINUTES 56 SECONDS WEST 956.67 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2500 FEET THROUGH A CENTRAL ANGLE OF 05 DEGREES 22 MINUTES 20 SECONDS, AN ARC DISTANCE OF 234.41 FEET; THENCE NORTH 76 DEGREES 52 MINUTES 44 SECONDS WEST 30 FEET TO TRUE POINT OF BEGINNING; OD O THENCE NORTH 69 DEGREES 15 MINUTES 04 SECONDS WEST 55.31 FEET; 0 TTHENCE NORTH S2 DEGREES 15 MINUTES 04 SECONDS WEST HENCE NORTH 30 DEGREES 55 MINUTES 15 SECONDS WEST 56.43 FEET,N THENCE SOUTH 07 DEGREES 44 MINUTES 56 SECONDS WEST 51.234FEET; j M THENCE ALONG A CURVE TO THE RIGHT RADIUS 447.465 FEET THROUGH C/A OF 13 DEGREES 00 MINUTES 00 SECONDS ARC DISTANCE OF 108.33 FEET; THENCE SOUTH 20 DEGREES 44 MINUTES 56 SECONDS WEST 396 FEET: THENCE SOUTH 69 DEGREES 15 MINUTES 04 SECONDS EAST 180 FEET; THENCE SOUTH 20 DEGREES 44 MINUTES 56 SECONDS WEST -15 FEET: "` THENCE SOUTH 69 DEGREES 15 MINUTES 04 SECONDS EAST 85.77 FEE? THENCE ALONG A CURVE TO THE LEFT RADIUS 2470 FEET THROUGH CENTRAL ANGLE OF 13 DEGREES 22 MINUTES 12 SECONDS, ARC DISTANCE OF 576.38 FEET TO TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 9: THAT PORTION OF THE ABANDONED BED OF THE GREEN RIVER WHICH ADJOINS AND LIES BETWEEN THE SOUTHERLY EXTENSIONS OF THE SOUTHWESTERLY AND EASTERLY LINES OF LOT 4 OF CITY OF TUKWILA SHORT PLAT N0. 85-19-SS, RECORDED UNDER KING COUNTY RECORDING N0. 8505090619, AND LIES NORTHERLY OF SAID RIVER; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 2 AND OF THE ABANDONED BED OF THE GREEN RIVER, WHICH ADJOINS, LYING SOUTHERLY OF SOUTH 180TH STREET, WESTERLY OF THE GREEN RIVER AND EASTERLY OF LOT 4 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT N0. 93-0085, RECORDED UNDER KING COUNTY RECORDING H0. 9311301961; • Ex. A - p. 2 TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 6 WHICH LIES EASTERLY OF AND ADJOINS LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. 85.1946, RECORDED IN KING COUNTY RECORDING NO. 8505090619; AND TOGETHER WITS THAT PORTION OF GOVERNMENT L07 5 AND OF THE ABANDONED BED OF GREEN RIVER ADJOINING WHICH LIES SOUTHERLY OF SAID LOT 4 OF THE BOUNDARY LINE ADJUSTMENT, EASTERLY OF LOT 1 OF SAID SHORT PAT AND NORTHERLY OF THE GREEN RIVER; ALL IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST N.M.; EXCEPT THAT PORTION THEREOF DESCRIBED AS: BEGINNING AT A MONUMENT AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST; THENCE SOUTH 07 DEGREES 44 MINUTES 56 SECONDS WEST 956.67 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT RADIUS 2500 FEET THROUGH CENTRAL ANGLE OF 05 DEGREES 22 MINUTES 20 SECONDS AN ARC DISTANCE OF 234.41 FEET; THENCE NORTH 76 DEGREES 52 MINUTES 44 SECONDS WEST 30 FEET TO TRUE POINT OF BEGINNING; THENCE NORTH 69 DEGREES 15 MINUTES 04 SECONDS WEST 55.31 FEET; THENCE NORTH 30 DEGREES 55 MINUTES 15 SECONDS WEST 56.43 FEET: 03 THENCE NORTH B2 DEGREES 15 MINUTES 04 SECONDS WEST 185.24 FEET; THENCE SOUTH 07 DEGREES 44 MINUTES 56 SECONDS WEST 51.23 FEET; O THENCE ALONG A CURVE TO THE RIGHT RADIUS 447.465 FEET THROUGH CENTRAL O ANGLE OF 13 DEGREES 00 MINUTES 00 SECONDS ARC DISTANCE OF 108.33 FEET; THENCE SOUTH 20 DEGREES 44 MINUTES 56 SECONDS WEST 396 FEET; THENCE SOUTH 69 DEGREES 15 MINUTES 04 SECONDS EAST 180 FEET; THENCE SOUTH 20 DEGREES 44 MINUTES 56 SECONDS WEST 15 FEET; p) THENCE SOUTH 69 DEGREES 15 MINUTES 04 SECONDS EAST 85.77 FEET; THENCE ALONG A CURVE TO THE LEFT RADIUS 2470 FEET THROUGH CENTRAL ANGLE OF 13 DEGREES 22 MINUTES 12 SECONDS AN ARC DISTANCE OF 576.38 FEET TO TRUE POINT OF BEGINNING OF SAID EXCEPTION; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PA_'2CEL 10: THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING EASTERLY OF SOUTHCENTER PARKWAY (57TH AVENUE SOUTH); EXCEPT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE ALONG THE NORTH LINE THEREOF SOUTH 88 DEGREES 54 MINUTES 46 SECONDS EAST 247.29 FEET; THENCE SOUTH 05 DEGREES 51 MINUTES 40 SECONDS EAST 142.26 FEET; THENCE SOUTH 54 DEGREES 52 MINUTES 45 SECONDS WEST 203.79 FEET; THENCE SOUTH 29 DEGREES 26 MINUTES 45 SECONDS WEST 159.30 FEET; THENCE SOUTH 86 DEGREES 58 MINUTES 00 SECONDS WEST 103.76 FEET; THENCE SOUTH 58 DEGREES 20 MINUTES 50 SECONDS WEST 100.50 FEET TO A POINT ON THE CENTER OF THE ROAD; Ex. A. p. 3 9412300689 THENCE FOLLOWING THE CENTER LINE OF SAID ROAD NORTH 08 DEGREES 43 MINUTES 18 SECONDS EAST 467.77 FEET TO A POINT ON T1{E NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION FROM WHICH THE NORTH EAST CORNER THEREOF BEARS SOUTH SS DEGREES 63 MINUTES 32 SECONDS EAST 101.47 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 32 SECONDS EAST 101.47 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION DESCRIBED AS: BEGINNING AT THE NORTHEAST THENCE NORTH 88 DEGREES 53 LINE THEREOF, 101.47 FEET; THENCE SOUTH 08 DEGREES 43 THENCE SOUTH 17 DEGREES 59 TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 17 FEET; THENCE SOUTH 71 DEGREES 43 THENCE NORTH 16 DEGREES 28 THENCE NORTH 71 DEGREES 43 TRUE POINT OF BEGINNING; CORNER OF SAID SUBDIVISION; MINUTES 32 SECONDS WEST ALONG THE NORTH MINUTES 18 SECONDS WEST 477.17 FEET; MINUTES 30 SECONDS WEST 247.69 FEET TO THE DEGREES 59 MINUTES 30 SECONDS WEST 151.00 MINUTES 40 SECONDS EAST 203.51 FEET; MINUTES S0 SECONDS EAST 151.08 FEET; MINUTES 40 SECONDS WEST 199.53 FEET TO THE AND EXCEPT THAT PORTION INCLUDED WITHIN LOT 1 OF CITY OF PLAT NO. 85-19-SS, RECORDED IN KING COUNTY RECORDING NO. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF TUKWILA SHORT 8505090619; WASHINGTON. THE PERIMETER DESCPTPITCK OF THE ABOVE DESCRIBED PARCELS IS AS FOLLOW: THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER LYING EASTERLY OF THE ANNA MESS COUNTY ROAD; ALL tN SECTION 35. TOWNSHIP 23 NORTH, RANGE 5 E., W.t•1.; EXCEPT COUNTY ROAD; AND EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE ALONG THE NORTH LINE THEREOF SOUTH 88'54'46' EAST 247.29 FEET; THENCE SOUTH 5'51'40' EAST 142.26 FEET; THENCE SOUTH 54' 52'45' WEST 203.79 FEET; THENCE SOUTH 29'26'45' WEST 159.30 FEET; THENCE SOUTH 16'38'00' WEST 103.76 FEET; THENCE SOUTH 58'20'50' WEST 100.50 FEET TO A POINT ON THE CENTER OF THE ROAD; THENCE FOLLOWING THE CENTER LINE OF SAID ROAD NORTH 8'43'18' EAST 467.77 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION FROM WHICH THE NORTHEAST CORNER THEREOF BEARS SOUTH 88'53'32' EAST 101.47 FEET; THENCE SQJTH 88'53'32' EAST 101.47 FEET TO THE POINT OF BEGINNING; AND EXCEPT Ex, A - p. 4 9412300689 • THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 E.W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SUBDIVISION DISTANT SOUTH 11'S4'46' EAST 449.30 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH bb'S4'46' WEST ALONG SAID NORTH LINE 202.01 FEET; THENCE SOUTH 5'51'40' EAST 142.26 FEET; THENCE SOUTH 54'52'41' WEST 203.79 FEET; THENCE SOUTH 29'26'45' WEST 159.30 FEET; THENCE SOUTH 11'54'46' EAST424.19 FEET TO A POINT FROM WHICH THE POINT OF BEGINNING BEARS NORTH 1'05'I4' EAST; THENCE NORTH 1'05'14' EAST 401.77 FEET TO THE POINT OF BEGINNING: EXCEPTING THEREFROM THE COUNTY ROAD; AND EXCEPT A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION3S,TOWNSHIP 23 NORTH, RANGE 1 L•.w.M.. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 18'53'37' WEST ALONG THE NORTH LINE THEREOF, 101.47 FEET; THENCE SOUTH 8'43'18' WEST 477,17 FEET; THENCE SOUTH 17'59'30' \'EST 247.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 17'59'30' WEST 151.00 FEET; THENCE SOUTH 71'43'40' EAST 203.51 FEET; THENCE NORTH 16'21'50' EAST 151.01 FEET; THENCE NORTH 7).43'40' WEST 199.53 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM THE COUNT' ROAD. TOGETHER WITH: ALL OF GOVERNMENT LOT FIVE (5), AND THAT PORTION OF GOVERNMENT LOT SIX (6) LYING EASTERLY OF THE EXISTING COUNTY ROAD WHICH EXTENDS IN A NORTHEASTERLY DIRECTION OVER AND ACROSS SAID GOVERNMENT LOT 6, ALL IN SECTION THIRTY-FIVE (35). TOWNSHIP TWENTY-THREE (2)) NORTH, RANGE FOUR (4) E.W.M.; EXCEPT THEREFROM THAT PORTION OF SAID GOVERNMENT ---- LOT 6. LYING EASTERLY OF SAID ROAD AND SOUTHWESTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY MARGIN OF SAID ROAD WHICH POINT IS MARKED BY AN IRON PIPE, AND FROM wHICH POINT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 6 BEARS SOUTH 0'58'10' WEST 313.17 FEET, AND NORTH 89'01'S0' WESTS05.54 FEET, SAW DISTANCES BEING MEASURED. RESPECTIVELY, AT RIGHT ANGLESTOAND ALONG THE SOUTH BOUNDARY LINE OF SAID GOVERNMENT LOT; AND RUNNING THENCE SOUTH 67'36'00' EAST 380.45 FEET TO AN IRON PIPE; THENCE CONTINUING SOUTH 67'36'00' EAST 50 FEET. MORE OR LESS. TO THE BANK OF GREEN RIVER. 'TOGETHER WITH: THAT PORTION OF GOVERNMENT LOT 2, IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING WEST OF THE GREEN RIVER. EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: Dc.A-P.5 • COMMENCING AT THE NORTHWEST CORNER OF TE F SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 3S; THENCE SOUTH 17'S0'09' EAST ALONG THE NORTH LINE THEREOF, 419.30 FEET; THENCE SOUTH 02'09'31' WEST. 36.00 FEET TO THE SOUTH I4ARG1N OF SOUTH 1$OTH STREET AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 37'30'09' EAST ALONG SAID SOUTH MARGIN. 716.92 FEET; THENCE ALONG A CURVE TOTHE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 93'35'05", AN ARC DISTANCE OF 13.41 FEET; THENCE SOUTH 07'44'56' WEST, 311.56 FEET; THENCE NORTH 17'30'09' WEST, 102.76 FEET; THENCE NORTH 02'0911' EAST, 401.17 FEET TO THE TRUE POINT OF BEGINNING. BEING LOT 3 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT FILE NO.93- 0015, RECORDED UNDER KING COUNTY AUDITOR'S FILE NO.931130.1961. Si1A3 T TO: EASEMDIT AND THE TERMS AND DISCLOSED BY: PURPOSE: AREA AFFECTED: 2. EASEMENT AND THE TERMS GRANTEE: PURPOSE: AREA AFFECTED: DATED: RECORDED: RECORDING NO.: 3. EASEMENT AND THE TERMS GRANTEE: PURPOSE: AREA AFFECTED: DATED: RECORDED: RECORDING NO.: AND CONDITIONS THEREOF; Instrusent recorded under Recording No. 29$01e3 12 inch culvert From/or to Anna Mess Road (nov Southcsntar Perkvay) in Southeast 1/4 of Northwest 1/4 of Section 15, however, the exact location is not known CONDITIONS THEREOF: Puget Sound Power 6 Light Compsny, a Massachusetts corporation Electric transmission and distribution line, consisting of a single line of poles As described therein June 19, 1940 June 27, 1940 3106499 AND CONDITIONS THEREOF: King County Rip -rap bank protection Along the left bank of Orson River october 25, 1960 November 10, 1960 5222051 • :" 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: DATED: RECORDED: RECORDING NO.: Zing County Sank Protection and/or other flood control works 30 foot strip, along the left bank of Crean River April 22 1964 May 11 1966 6027011 NOTE: River protection easement sssigqnnwent as tenants in common, recorded under Recording No. 9108210296. 5.EA WENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: DATED: RECORDED: p) RECORDING NO.: CO CD NOTE: River protection easement assignment as tenants in common, O recorded under Recording No. 9208210298. O N 6. EASEMENT AND THE I? GRANT: GRANTEE: AREA AFFECTED: DATED: RECORDED: RECORDING NO.: 7. EASEMENT AND THE GRANTEE: PURPOSE: AREA AFFECTED: DATED: RECORDED: RECORDING NO.: (Covers Parcels TERMS AND King County Dank Protection and/or other flood control works 30 toot strip, along the left bank of Green River Mayyi11, l 196664 6027015 CONDITIONS THEREOF: State of Washington Drainage system The description contained therein is not sufficient to determine its exact locat on within the property herein described August 7, 1967 September 13, 1967 6233535 TERMS AND CONDITIONS THEREOF: The City of Tukwila, a municipal corporation Utilities The Northerly 15 test of the property herein described; also delineated on the face of said short plat June 16, 1968 September 12, 1963 6405583 1, 3 and other property)) 11:. A-p. 7 • 0. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE; PURPOSE; AREA AFFECTED: DATED: RECORDED: RECORDING NO.: NOTE: No Exhibit •A• was Water District No. 75 Water pipeline The description contained therein is not suftioient to determine its exact location within the property herein described December 17, 2974 December 20, 1974 7412200369 recorded with said instrument. 9.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: 9412300689 GRANTEE: PURPOSE: AREA AFFECTED: DATED: RECORDED: RECORDING NO.: (Covers Parcels Chicago Milwaukee, St. Paul and Pacific Railroad Company i Navigation Company, an Oregon corporation, and its lessee, Union Pacific Railroad Company, a Utah corporation Railroad right-of-way A 20 foot wide .trip of land located within the tart 1/2 of Section 35, Township 23 North, Range 4 East W.K. and also dslinest.d on the face of said Short Plat No. 06.45-SS January la, 2974 January 27, 1975 7501270395 1, 2, 3, 8 and 9) 10.EASEMENT AND THE TERMS GRANTEE: PURPOSE: AREA AFFECTED: DATED: RECORDED: RECORDING NO.: 11.EASEKENT AND THE TERMS DISCLOSED BY: PURPOSE: AREA AFFECTED: AND CONDITIONS THEREOF: Chicago Milwaukee, St. Paul and Pacific Railroad Company, a Wisconsin corporation Oregon -Washington' Railroad and Navigation Company, an Oregon corporation and its Lessee, Union Pacific Railroad Company, a Utah corporation Standard gauge railroad tracks As described in Parcel No. 10 in said document April 8, 1975 April 21, 1975 750l21D34S AND CONDITIONS THEREOF: Xnairus.Ats rmcord}!d un4ax-RsGDrding Nos. 750703007S, 77062702'03 7710190076, 8a609060825 1s3 ono shown on Short Plat No. Ingress, egress and utilities 60 foot strip over Parcel 2 and other property 12. EASEMENT AND THE TERNS AND DISCLOSED BY: PURPOSE: AREA AFFECTED: 13. L7'RICTIONS AW THL TERMS DISCLOSED 2Y1 PURPOSE: AFFECTED: 14.EASEMENT AND THE TERMS AND DISCLOSED BY: .O PURPOSE: C3 AREA AFFECTED: D5. EASEMENT AND THE TERMS AND 1 .' GRANTEE: 0) PURPOSE: AREA AFFECTED: DATFD: RECORDED: RECORDING NO.: (Covers Parcels 1, 2, 3, 8 16. EA .Y..ENT AND THE: TERMS AND PURPOSE: ARIA AFFECTED: D7 TFp: 1. ..;CUED: RECORDING NO.: CONDITIONS TNrREOFt Instruments recorded under Raoar4ing Nos. 7706270292, 7709210323 $001140093 and shown on bnort Plat No. 8609011152 Sidewalk* and utilities 15 toot strips as described therein AND CONDITIONS THEREO?s Instrument recorded wider Recording Nos. 7706270202, 7706270293, 7709290323, 7910150870/001140093 and shown on Short Plat No. 0609001152 Suildinq set back lines 60 and 30 foot portions, as described therein CONDITIONS THEREOF; Instruments gacorded under 8anar0ing Nos. 7706270292, 7709290323, 7910150170, 8001140093 and 8609011132 Railroad Various portions as described therein CONDITIONS THEREOF; Chicago Milwaukee, St. Paul and Pacific Railroad Company, a Wisconsin corporation and its lessee, Union Pacific Railroad Company, a Utah corporation Railroad right-of-way A 20 foot vide strip of land located within the .It 1/2 of Section 35, Township 23 North, Range 4 East W.N. June 7, 1977 July 6, 2977 7707080078 and 9) CONDITIONS THEREOF: Water District No. 75 Water pipelines 15 foot strip(*) as described therein and as shown on tha attached Exhibit(s) to said document April 1, 1977 march 2, 1978 7803020870 Ex. A-p. 9 9412300659 • 17. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: Water District No. 75 PURPOSE: water pipelines AREA AFFECTED: 15 toot strip as described thsrein and as shown On the attached Exhibit to said document DATED: January 16, 1979 RECORDED: April 17, 1979 RECORDING NO.: 7904171207 18. EASEMENT AND THE TERMS AND CONDITIONS TBIREOF: DISCLOSED BY: PURPOSE: AREA AFFECTED: Portion of Lot 2, as described therein, and delineated on said short plat (Covers Parcel 2) 19.Ressrvation of rights to ingress and egress to maintain, install. improve and sxtsnd utilities recorded under Recording No. SO01140093, 20.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: DATED: RECORDED: RECORDING NO.: tastzuments recorded under Recording Nos. 6001140093 and shown on Short Plat No. 6609011152 Common access Puget ngStoundcPower i Light Company, a WElectric transmission 10 foot strip as constructed or to bo constructed extendad or relocated April 26, 1963 Nay 27, 1903 9305270544 21.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: DATED: RECORDED: RECORDING NO.: (Covers Parcels 1 and 3) Water District No. 75 Watsr pipelines 15 foot strip as described thsrain and as shown on the attached exhibit to said document January 15, 1987 January 28, 1967 6701260430 Ex. A - p. 10 110 22. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: Mario A. ssegqals, a carried man acting with respect to his separate so rty Inc estate d/b/a Sepals Business ark AND: Xing County,te of aapolisittiical subd vision of the DATED: August 17, 1990 RECORDED: September 11, 1990 RECORDING NO.: 900911026E REGARDING: Agreement to grant permanent right of entry 23. VNDERGROUND tTlILITY EASEKENT AND THE TERNS AND CONDITIONS TBxREOF: GRANTEE: PURPOSE: AREA AFFECTED: DATED: RECORDED: RECORDING NO.: Puget Sound Power 6 Light Cocpany, a Washington corporation Underground electric systss 10 foot strip, as described therein March 26 1991 May 6 1,91 9105060703 Contains covenant prohibiting structures over said easement or other activity which might endanger the underground system. (Covers Parcel 6) 24. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: AND: DATED: RECORDED: RECORDING NO.: REGARDING: Over the Westerly 20 feat 3 on the East 25. AGREEMENT AND THE TERMS AND BETWEEN: AND: DATED: RECORDED: RECORDING NO.: REGARDING: Ovs,r the Easterly Mario A. Segal,, s married man, acting with respect to his separate property and estate, doing business as S,gals Business Park Mario A. Segal,, 4 carried man, acting with rssprct to his separate property and estate, doing business as ,$sgals Business Park March 1, 1994 March 1, 1994 9403011032 Landscape easement and maintenance thereof of portion of Parcel 9 which adjoins Parcel CONDITIONS THEREOF: Mario A. Segal,, a married man, acting with respect to his separate property anc estate, doing business as Ssgale Business Park Mario A. Segal*, a married man, acting with respect to his separate property anc estate, doing busin,as as Segal, Business Park February 23, 1994 March 1, 1994 9403011034 Landscape easement and maintenance thereof 5 feet of Parcel 2 as it adjoins Parcel 3 Ex. A - p. 11 26.EASENENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: PURPOSE: AREA AFFECTED: • lnstrumsnt'recorded under Recording No. 9404060591 Right of entry for inspection, maintenance and repair of flood control levee As described therein 27.Easements, restrictions and recital set forth p(colat vers Parcels 4rded ethrour ghC7jnty Recording No. 28.Easements, restrictions and recital set forth plat recorded under King County Recording No. (Covers Parcels 1, 2, 3 and other property) 29.AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: on the face of short 8505090619. on the face of short 6609081152. BETWEEN: Ring County Water District No. 75 AND: Mario A. 8egale DATED: Not disclosed RECORDED: August 37 2974 RECORDING NO.: 7401270565 REGARDING: Conditions under which district vill provide water service 30.MORTGAGE AND THE TERMS AND CONDITIONS THEREOF: MORTGAGOR: MORTGAGEE: LOAN NO.: BRANCH: ADDRESS: ORIGINAL, AMOUNT: DATED: RECORDED: RECORDING NO.4 Mario A. Segals, a married man, dealing in his separate property Rine Segel* and Mario A. Segale, as co -trustees under and pursuant to that certain Living Trust Agreement of Louis Segal. and Rine Segale, dated April 25; 1967 $465,000.00 January 31, 1973 January 31, 1973 7301310497 Said mortgage was partially released as to various properties by releases recorded under Recording Nos. 7308010013, 7405310449, 7507030056, 7510080550, 7608160056, 7612280117, 7809010165 and 8506130630 Dc. A - p. 12 9412300685 31. FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: SECURED PARTY: DEBTOR: COVERS: RECORDED: RECORDING NO.: Mario A. Segal• pacificbank Mortgage Co. personal property and fixtures located or the property herein described July 3, 1975 359320 Unrecorded assignment in favor of Western Life Insurance Co., presume from Recording No. 9008081183. CONTINUATION OF FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: August 8, 1990 9008081183 32. FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: SECURED PARTY: DEBTOR: CovERS: RECORDED: RECORDING NO.: Mario A. Segal* Pacificbank Mortgage Company Personal property and fixtures located on the property herein described October 31, 1975 7510316106 AMENDMENT OF FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: November 21, 1975 and December 4, 1975 7511216236 and 7512046031 Unrecorded assignment in favor of Western Life Insurance Co., presumed from Recording No. S010106136. CONTINUATION OF FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: 33. DEED OF TRUST AND THE TERMS GRANTOR: TRUSTEE: BENEFICIARY: LOAN NO.: BRANCH: ADDRESS: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: (Covers portiob of property October 10, 1980 and August 8, 1990 8010106136 and 9008081182 AND CONDITIONS THEREOF: Mario A. Segsle, a married man, dealing in his separate property and estate Stewart Title Insurance Company Equitable Life Insurance Company of Iowa OP 604 Locust St., Das Moines, IA 50306 $1,000,000.00 January 1, 1976 October 14, 1976 7610140691 herein described) IN. A - p. 13 9412300689 • 34. ASSIGWENT OF LEASE TOR SECURITY PURPOSES AND THE ?ERRS AND CONDITION! THEREOF: LESSOR'S INTEREST ASSIGNED TO: MY ASSIGNMENT RECORDED: RECORDING NO.: Said assignment given as recorded under Recording 35.UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: Equitable Life Insurance Company of Iove October 14, 1976 7610140695 additional security for the deed of trust No. 7610140691, shown at paragraph 33 herein. (Covers portion of property 36.tINANCING STATEMENT AND THE SECURED PARTY: DEBTOR: COVERS: RECORDED: RECORDING NO.: (Covers portion CONTINUATION OF THEREOF: RECORDED: R:CORDING NO.: Mario A. Segal., Mine Safety Appliance Company September 23, 1975 Instrument recorded under Recording No. 7610140693 herein described) TERMS AND CONDITIONS THEREOF; Equitable Life Insurance Company of /owe Personal property and fixtures located on the property herein described October 14, 1976 7610146135 of property herein described) FINANCING STATEMENT AND THE TERMS AND -CONDITIONS -- August 24, 1981, September 9, 1986 and November 4, 1991 8101246019, 8609090664 end 9111041185, a re-recording of 9110240661 • 37. DEED • OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: LOAN NO.: BRANCH: ADDRESS: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING WO.: Mario A. Sepals, • married an, es his separate estate Safsco Title Insurance Company Paoiticbank Mortgage Company 414 Olive Way, Seattle, WA 98101 $590,000.00 July 15, 1975 June 27 1977 7706270293 Said deed of trust is a re-record of the deed of trust recorded on October 31, 1975 and December 4, 1975, under Recording No. 7510310029 and 7512040186. ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: ADDRESS: DATED: RECORDED: RECORDING NO.: Western Life Insurance Company 385 Washington St., Box 7e, St. Paul, Minnesota 15102 November 25, 1975 August 18 1977 7706180199 said assignment is a correction of assignments recorded under Recording Nos. 7512040190 and 7511210643. DEED OF TRUST AND THE GRANTOR: TRUSTEE: BENEFICIARY: LOAN NO.: BRANCH: ADDRESS: ORIGINAL AMOUNT: D:.TED: RECORDED: RECORDING NO.: TERMS AND CONDITIONS THEREOF: Mario A. Seale, a married man, as his separate estate Saf•eo Title Insurance Company Pacificbank Mortgage Company 414 Olive Way, Seattle, WA 96101 $565,000.00 March 15, 1975 June 27 1977 7706270293 Said deed of trust was given to correct deed of trust recorded on Jul) 3, 1975, under Recording No. 7507030075. ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: ADDRESS: DATED: RECORDED: RECORDING NO.: Said assignment No. 7508280151. Western Life Insurance Company August 25, 1975 August 18 1977 7708180193 is ft re-record of instrument recorded under Recording Ex. A - p. 15 , 9412300689 39. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: (Covers portion of property 40. DEED OF TRUST AND THE TERMS GRANTOR: TRUSTEE: BENEFICIARY: LOAN NO.: BRANCH: ADDRESS: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: (Covers a portion of • Mario A. Segal* Lonson C. Davis, doing business as Johnstone Supply October 15, 1973 Instrument recorded under Recording No. 770/1/0200 herein described) AND CONDITIONS THEREOF: Mario A. Segal*, a married man dealing it his *operate property and estate Safsco Title Insurance Company New York Life Insurance Company, a New York Corporation 51 Madison Ave., New York, NY 10010 13,200 000.00 September 26, 1977 September 29, 1977 7709290323 Prrcel 2) 41. ASSIGNMENT GIVEN AS SECURITY AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: Mario A. Segal. ASSIGNEE: New York Life Insurance Company AMOUNT: Not disclosed DATED: September 20, 1977 RECORDED: September 29, 1977 RECORDING NO.: .. __7709290324 -- (Covers a portion of the property herein described) 42. UNRECORDED LEASE: LESSOR: LESSEE: Mario A. Segal* Continental Can Company, U.S.A., a division of the Continental Croup, Inc., a New York corporation DATE: December 2, 1976 DISCLOSED BY: 7709290324 (Covers portion of property herein described) Lac. A - p. 16 • 43. DEED 0T TRUST AND THE TE M8 AND CONDITIONS TMERTOTt GRANTOR: Mario A. Segall), a carried man, dealing in his seppaarate property and estate TRUSTEE: Safeco Title Insurance Company BENEFICIARY: Equitable Life Insurance Company of Iowa LOAN NO.: --- BRANCH: ADDRESS: 604 Locust St., Des Moines, Iowa 50306 ORIGINAL• AMOUNT: $550 000.00 DATED: October 14, 1977 RECORDED: October 19, 1977 RECORDING• NO.: 7710290076 (Covers 11,rtion of property herein described) 44. ASSIGNMENT OF LEASE TOR SECURITY PURPOSES AND THE ?ERRS AND CONDITION: THEREOF: LESSOR'S INTEREST ASSIGNED TO: BY ASSIGNMENT RECORDED: RECORDING NO.: Equitable Life Insurance Company of Iowa October 19, 1977 7720190077 Said assignment given as additional security for the dead of trust recorded under Recording No. 7710190076, shown at paragraph 43 herein. 45. UNRECORDED LEASE: LESSOR: Mario A. Segal. LESSEE: Leviton Manufacturing Co., Inc. DATE: October 2 1976 DISCLOSED BY: 7720190077 (Covers portion of property herein described) 46. MEMORANDUM OF LEASE: LESSOR: Mario A. Segal* ._ .."'•'- ' " -'-- LESSEE: Ralston Purina Company, a Missouri corporation DATED: January 17, 1976 RECORDED: April 24, 1976 RECORDING NO.: 7404240330 (Covers portion of property herein described) NOTE: see's interest vas assigned to Foodmaker Inc., as disclosed by instzument recorded under Recording No. 7810030103. Ex. A • p. 17 9412300689 • 47. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Mario A. Segall, a Married Man dealing in his separate property and sstats TRUSTEE: Safsco Title Insurance Company BENEFICIARY: Sun Lif• Assurance Company of Canada LOAN NO.: -•• BRANCH: --- ADDRESS: Ons Bun Lifs Executive Park, Wellesley Hills, Mass. 02161 oRICINAL AMOUNT: 62,700,000.00 DATED: Septaaber 15, 197a RECORDED: October 3 1978 RECORDING NO.: 7810030102 DEED OF TRUST MODIFICATION AND THE TERNS AND CONDITIONS THEREOF: DATED: January 14, 1980 RECORDED: January 14, 1980 RECORDING NO.: a001140093 (Covers portion of Parcel 2) 48, DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Mario A. Segall, a Married man dealing it his separate property and *state TRUSTEE: Saieco Title Insurance Company BENEFICIARY: New York Lit. Insurance COI:pony, a New York corporation LOAN No.: --- :RANCH: ADDRESS: 51 Madison Ave., New York, NY 10010 ORIGINAL AMOUNT: $1,200,000.00 DATED: October 15, 1979 RECORDED: October 15, 1979 RECORDING NO.: 7910150870 (Covers a portion of Parcel 2) Ex. A - p. 18 941230068s 49. FINANCING STATEMENT SECURED PARTY: DEBTOR: COVERS: RECORDED: RECORDING NO.: AMENDMENT OF FINANCING RECORDED: RECORDING NO.: AMENDMENT OF FINANCING RECORDED: RECORDING NO.: AMENDMENT of FINANCING RECORDED: RECORDING NO.: AMENDMENT OF FINANCING RECORDED: RECORDING NO. 50. DEED OF TRUST GRANTOR: TRUSTEE: BENEFICIARY: LOAN N').: BRANCH: ADDRESS: • AND THE TERMS AND CONDITIONS TKIRLOF: Nev York Life tbauranoe Co. Mario A. • As described >ihibit $ attached October 15, 1S7S 7910156121 STATEMENT AND TRZ TERM AND CONDITIONS TBIRF.OF: November 27, MO 7911276166 STATEMENT AND TEM TERMS AND CONDITIONS THRREOF: January 3, 1950 6001036070 STATEMENT AND THE TERNS AND CONDITIONS THEREOF: Septembar 16, 1980 8009166049 STATEKENT AND THE TERMS AND CONDITIONS TiMEREDY: March 17 19SS = S803170578 AND THE TERMS AND CONDITIONS THEREOF: Mario A. Seale, a carried can dealing with respect to his separate property and estate Sateco Title Insurance Company, e California corporation Confederation Lite Insurance Cospanyra-__� ` Canadian corporation ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: (Covers Parcel 4) 51. ASSIGNMENT OF LEASE FOR SECURITY PURPOSES AND THE TERMS THEREOF: LESSOR'S INTEREST ASSIGNED TO: BY ASSIGNMENT RECORDED: RECORDING NO.: Said assi9nsent given as recorded under Recording herein. 321 Bloor Street East: Toronto, Canada Nisi 1H1 $2,175,000.00 June 13, 1985 June 13, 1985 8506130624 AND CONDITIONS Confederation Lite Insurancs Company, a Canadian corporation June 13, 191 8506130625 additional security for the deed of trust No. 8506130624, shown at paragraph preceding Ex. A-p. 19 9412300689 52. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED SY: • Mario A. Segale Box Innards, Ino. December 3, 1984 Instrument recorded under Recording No. 850613062/ (Covers portion of Parcel 4) SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: AGREEMENT DATED: /RDED: tFcoRDING NO.: June 13, 1995 June 13, 1985 8306130628 ii,t lessee's interest in said lease vas made subordinate to the dead of trust recorded under Recording No. OS05130624, set forth at pn,'graph 50 herein. 53. 1 . i'oRDED LEASE: 54. LL�SOR: LESSEE: DATE: DISCLOSED BY: Mario A. Segal' Pietro's Corporation December 16, 1983 Instrument recorded under Recording No. 8506130629 (Covers portion of Parcel 4) f•' 'RDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AGREEMENT DATED: June 13, 1985 i<: ;:ORDER: June 13, 1985 RLCORDING NO.: 0506130629 Tile lessee's interest in said lease was made subordinate to the deed of trust recorded under Recording No. 1506130629, set forth at paragraph 50 herein. MEMORANDUM OF LEASE: LES:.OR: Mario A. Segal* acting with respect to his separate property and estate, d/b/a Segal* Business Park :SEE: Continental Mills, Inc., a Washington corporation I '.":"'O: May 31, 1990 F. :,%RED: June 8, 1990 RECORDING NO.: 9006080038 (Covers portion of property herein described) Ex. A - p. 20 9412300689 • 55. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: LOAN NO.: BRA H: ADD),F.SS: ORI:`INAL AMOUNT: DA1 RE(• -JED: RECORDING NO.: (Cc ers Parcel 1) 56. As, ;'!SENT OF LEASE FOR '1'Hr T: LESSOR'S INTEREST ASSIGNED T0: BY ASSIGNMENT RECORDED: RECORDING NO.: Mario A. Se sle, as his separate estate Washington Administrative Services. Inc. Equitable Life Insurance Company of Iowa %NNW MI 699 Walnut Street; Des Moines, Iowa 50309 11,100,000.00 November 16, 1992 November 16, 1992 9211160923 SECURITY PURPOSES AND THE TERMS AND CONDITIONS Said assignment given as r*co:.ded under Recording preceding herein. (Covers Parcel 1) 57. UNRECORDED LEASE: LE500R: LESSEE: DATE: DISCLOSED BY: (C' :rs portion of Equitable Life Insurance Company of Iowa November 16, 1992 9211160/24 additional security for the deed of trust No. 0211160123, shown at paragraph 55 Mario A. Segal*, d/b/a Segal* Business Park, an individual Analog Devices, Inc., a Massachusetts corporation .September 9, 1992 - . - -- Instrument recorded under Recording No. 9211160825 property herein described) SUB RtTNATION AGREEMENT AND THE TERNS AND CONDITIONS THEREOF: AY AGREEMENT DATED: ; :.CORDED: ;IC :.:'DING NO.: September 1, 1988 November 16, 1992 9211160825 7r;r. '.essee's interest in said leas* was made subordinate to the of 'ust recorded under Recording No. 9211160823, set forth at paragraph 55 herein. deed Dc. A - p. 21 01 co CO 0 0 fV 1 0) 58, UNRECORDED LEASE: LESSOR; LESSEE; DATE: DISCLOSED BY: (Covers portion of property SUBORDINATION AGREEMENT AND BY AGREEMENT DATED: RECORDED: RECORDING NO.: The lessee's interest in of trust recorded under paragraph 55 herein. 59. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: (Covers portion of property SUBORDINATION AGREEMENT AND BY AGREEMENT DATED: RECORDED: RECORDING NO.: Ths lessee's interest in of trust recorded under paragraph 55 herein. 60. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: (Covers portion of propert • Mario A. Regale, d/b/a Segal* ausinass Park, an individual Robert Halt International, Inc., a Delaware Corporation September 1, 1992 Instrument recorded under Recording No. 9211160126 herein described) THE TERMS AND CONDITIONS THEREOF: Addendum Agreement dated August 19, 19614 Second Addendum Agreement dated August 19, 1911: and First Amendment dated June 25, 1991 November 16, 1992 9211160126 said lease vas made subordinate to the deed Recording No. 9211160623, set forth at Mario A. Segal* d/b/a Segal. ausinass Park, an individual ITT Commercial Finance Corporation, a Nevada corporation September 9, 1992 Instrument recorded under Recording No. 9211160/27 herein desoribed) THE TERNS AND CONDITIONS THEREOF: August 10, 1990 November 16, 1992 9211160627 said lease was made subordinate to the deed Recording No. 9211160623, set forth at Y Mario A. Segal* d/b/a Segal* Business Park an individual Xsy Bank of Puget Sound, a Washington corporation septembsr 9, 1992, Instrument recorded under Recording No. 921116062$ herein described) Dc. R — p. 22 . SUBORDINATION AGREEMENT AND THE TERMS J.ND CONDITIONS THEREOF; BY AGREEMENT DATED: RECORDED: RECORDING NO.; The lessee's interest in of trust recorded under paragraph 55 herein. 61, UNRECORDED LESSOR: LESSEE: DATE: DISCLOSED BY: (covers portion of property January 1, 1989 November 16, 1992 9211160/28 said lease vas wade subordinate to the deed Recording No. 9211160823, set forth at LEASE: Mario A. Se0a1s d/b/a Segal, Business Park, en individual Randall 8. Linde and Ardsth M. Linde, husband and vice September 9, 1992 Instrument recorded under Recording No. 9211160820 herein described) SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AGREEMENT DATED: RECORDED: RECORDING NO.: The lessee's interest in of trust recorded under paragraph 55 herein. 62. UNRECORDED LEASE: LESSOR: LESSEE: DATE: DISCLOSED BY: November 20, 1919 November 16, 1992 9211160829 said lease vas made subordinate to the deed Recording No. 9211160823, set forth at (Covers portion of property SUBORDINATION AGREEMENT AND BY AGREEMENT DATED: RECORDED: RECORDING NO.: Mario A. Segall', a married man acting.. with respect to his separate property ant estate, d b/a Segal* Business Park, an individual Mario A. Segal*, a married man acting with respect to his separate property ant estate, d/b/a Segal* Business park, an individual September 23, 1992 Instrument recorded under Recording No. 9211160830 herein described) THE TERMS AND CONDITIONS THEREOF: September 1, 1992 November 16, 1992 9211160830 The lessee's interest in said lease was made subordinate to the of trust recorded under Recording No. 9211160823, set forth at paragraph 55 herein. Ex. A - p, 23 deed 63. MEMORANDUM 0! LEASE: 64. 65. LESSOR: LESSEE: DATED: RECORDED: ,TCORDING NO.: ;covers portion of property • Mario A. Segal*, d/b/a Segal* $usiness Park Daniel Smith Inc. June 39, 1993 July 15, 1993 9307150924 herein described) .' y change in the boundary or legal description of the real property, title to the estate insured, that may arise due to the shifting an: changing in the course of Green (White) River. Right of the State of Washington in and to that portion, if any, of the property herein described which lies below the lint of ordinary high water of the Green (White) River. 66. s;ights and easements of the public for commerce, navigation, recreation and fisheries. 67. Unrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon said property/ r .1 rights of tenants to remove trade fixtures at the expiration of ..i, a ter.. 68. various financial instruments executed by looses,' en-said-propsrty. (Affects leasehold interests only) 69. }• Y questions that may arise relative to the location of the southcenter Boulevard (S7th Ave. South) referenced in the captioned legal description. 70. Any questions that may arise relative to the location of the South 3...'h Street referenced in the captioned legal description. 71, [-;araticn of Restrictive Covenant recorded under King County Recording N . 07/12 3(10W-6" • At. A - p. 24 APR 2921111 EXCISE TAX hire Not Co. Reco; ci WATER DISTRICT NO. 7S, KING COUNTY EASEMENT FOR WATER PIPELINE The Grantor, MARIO A. SEGALE, dealing in his separate property and estate, does hereby grant to WATER DISTRICT N0, 75, KING COUNTY, WASHINGTON, a municipal corporation, its successors and assigns, a non-exclusive easement and right-of-way over, through, under, across, upon and in the following described property situated in the City of Tukwila, King County, Washington, to wit: A non-exclusive easement 15.00 feet wide having 7.5 feet on each side of the following described center line: Beginning at a monument at the northeast corner of t1i0<. southwest quarter of the northeast quarter of Section$;- . i Township 23 N, Range 4 E, W.M. in King County, Washington; thence south 07044'56" west 208.00 feet; thence south CD 82015'04" east 21.00 feet; thence south 61025'20" east, 9.61 feet to the east margin of Andover Park West -(or «coon Segale Drive A) and the TRUE POINT OF BEGINNING; thdhce N continuing south 61025'20" east 280.51 feet; thence south 11,4 07059'44" west 136.23 feet to the terminus of this line. CD Which easement is more fully described on Exhibit A attached hereto and incorporated herein by this reference, and which easement is for the construction, operation, maintenance, repair and/or replacement of water pipelines and appurtenances thereto, together with rights of ingress and egress to and from said easement fcr all purposes necessary and related thereto. This easement is given pursuant to and all rights hereunder are subject to Agreement between Grantor and Grantee recorded under King County Auditor's File No. 74-0 8270565. Under the terms of said Agreement, Grantor (at Grantor's expense) may relocate mains and easements and revise Bills of Sale. Said Agreement (together with attached plan showing location of streets, mains and easements) is incorporated herein by this reference. Grantee agrees to indemnify and save Grantor harmless from all liability or damage to Grantor resulting from any act or acts of Grantee within Segale Business Park. 0 7' ` Dated this /5— day of , 19 , . DSvl O , \ r•'t.� J x 4. 4 • u S ° 4knom e' MARIO A. SEGi LE, e� in his separate property and estate. STATE OF WASHINGTON ) COUNTY OF KING ) ss. On this day personally appeared before me MARIO A. SEGALH, dealing in his separate property and estate, known to me to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN.. under my hand and offici , 198 n. seal this--- day of NOTARY PUBLIC in and for the SASE' of el/et---; residing at �fy commission -xpires f e7 FiIfi R°;grjl At The Ruest Of uuaitj t(tai Property's File 17A (4) Env. Parcel 112 B FESENT TO GRANT PERMANENT RIGHT OF ENTRY 2 7APR2910111 BEVEL°13 ENT THIS AGREEMENT TO GRANT PERMANENT RIGHT OF ENTRY ("Agreement") made and entered into this 17th day of August , 1990, by and between MARIO A. SEGALE, a married man acting with respect to his separate property and estate d/b/a SEGALE BUSINESS PARK (hereinafter referred to as "Segale") and KING COUNTY, a political subdivision of the State of Washington (hereinafter referred to as "King County"). WHEREAS, King County has agreed to perform certain works and make certain improvements along the left bank of the Green River upon certain real property owned by Segale; WHEREAS, Segale has granted to King County a Temporary Right of Entry for Construction of Flood Control Levee in order to facilitate such construction; and WHEREAS, King County has requested a permanent right of entry over portions of Segale's real property for the purpose inspecting, repairing and maintaining such works and improvements. NOW THEREFORE, the parties hereto hereby agree as follows: 1. Upon completion of the work provided for in the Temporary Right of Entry for Construction of Flood Control Levee dated August an 10, 1990, King County shall prepare an "As Built" survey of said works and improvements. A copy of the same shall be provided to QD Segale for its review. 2. From such survey the County shall prepare a legal description 9.4 for a permanent right of entry over the area located between the .CI westerly line of the River Protection Easements previously recorded in favor of King County in King County Auditor's Office under file numbers 6027013 and 6027015 and the westerly line of said C7 improvements. A copy of the same shall be provided to Segale for its review. 3. Within ten (10) days of Segale's receipt of the as -built and legal description described in paragraph 1 and 2 herein, Segale shall execute and deliver to King County, a Permanent Right of Entry for Inspection, Maintenance and Repair of Flood Control Levee, substantially in the form attached hereto as EXHIBIT "A", and incorporating said as -built and legal description as ATTACHMENTS "C" and "B" thereto, respectively. 4. Upon Segale's delivery of said Right of Entry to King County, all obligations of either party to be performed under this agreement, shall be deemed fulfilled. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to Grant Easement on the day and year first above written. MARIO A. SEGALE, a married man acting with respect to his separate property and estate d/b/a SEGALE BUSINESS PARK Mario A. Segale KING CO>i +1ASHINGTON N0868 R RECD F .00 CRSHSL *****.00 By: JE.f=SANCHEZ or KIN COUNTY EXECUTIV AGREEMENT TO GRANT PERMANENT RIGHT OF WAY Page 1 etteeki FOR AUG 211990 • 9(0911"`868 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally appeared before me MARIO A. SEGALE, a married man dealing in his separate property and estate, d/b/a SEGALE BUSINESS PARK, known to me to be the individual described in and who executed the foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 1a day of 4\•xDlYA , 19� tom. • STATE OFvWAtB INGTON ) COUNTY OF KING ss. riot ry blic in and for }the Stat of Washington, r s ding at My mmission expires (.00- On this day before me the undersigned, personally appeared fl oo ev, d I certify that I know or have atisfactory ide ce that signed the foregoing instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged as the 4-`44-," ?_s of KING COUNTY, WASHINGTON, to bbe9 the free and o ntary act of said entity for the uses and purposes mentioned in the instrument. �jTVEN under my hand and official seal this a ' aZ day of C.f ucsD`- , 19327. Notary Public in and iY` the State of Wasbys g�Lon, LZ)4 residing My commission expires -27/tol'..3 AGREEMENT TO GRANT PERMANENT RIGHT OF WAY Page 2 91109110868 EXHIBIT "A" to AGREEMENT TO GRANT PERMANENT RIGHT OF ENTRY PERMMMMMT RIGHT OP ENTRY FOR INSPECTION, MDAINTENANCE AND REPAIR OP FLOOD CONTROL LEVER The Grantor, hereinafter called the "Owner", hereby grants to King County, the Grantee, a political subdivision of the State of Washington, hereinafter called "King County", a permanent right of entry for the purposes hereinafter set forth, upon lands of the Owner hereinafter described in Attachment "A" which is incorporated herein by this reference, subject to the following terms and conditions: L. This irrevocable permanent right of entry for inspection, maintenance and repair ("Permanent Right of Entry") is in addition to those River Protection Easements previously recorded in favor of King County in King County Auditor's Office under file numbers 6027013 and 6027015 (the "River Protection Easements"). 2. This Permanent Right of Entry includes the right to access, repair, and maintain a flood control levee es described in the As -Built plans attached hereto as Attachment "B", hereinafter referred to as "Levee", and all appurtenances thereto, along the left bank of the Green River. Attachment "B" is incorporated herein by this reference. 3. This Permanent Right of Entry includes the right to inspect, repair and maintain such works on lands of the Owner hereinafter shown and described in Attachment "C", which may extend beyond the boundaries set forth in the River Protection Easements. Attachment "C" is incorporated herein by this reference. 6. This Permanent Right of Entry shall be limited to inspection, repair and maintenance of the Levee, along the left bank of the Green River. 5. This Permanent Right of Entry shall not preclude the Owner from exercising any and all of its rights to the property described in Attachment "C" for any purpose including but not limited to the use, construction, extension, repair and/or maintenance of any facilities on the property including but not limited to buildings, parking lots, yard storage areas, railroad spur tracks, utilities, landscaping or any other facilities. 6. All tools, equipment and other property taken upon or placed upon said land by King County shall remain the property of Ring County and shall be removed by Ring County at any time within a reasonable period after the term of their utilisation in the exercise of rights under this Permanent Right of Entry. 7. King County will be responsible for damages arising from the activity of King County, its officers, agents, employees, or representatives on said land, in the exercise of rights under this Permanent Right of Entry, and promptly following the exercise of any rights granted hereunder, shall restore the property to its condition, including line, grade and slope, prior to such exercise. 8. This Permanent Right of Entry is granted as of 9. The land affected by this Permanent Right of Entry is located in the State of Washington, County of King, as described in Attachments "A" and "C" hereto. IN WITNESS WHEREOF, the owner heroin has hereunto set his hand, this day of , 19 GRANTOR, Mario A. Segalo, a married man acting with respect to his separate property and estate, d/b/a SEOALE BUSINESS PARK STATE OF WASHINGTON) ) ss. COUNTY OF KING On this day personally appeared before me MARIO A. SEGALE, a married man dealing in his separate property and estate, d/b/a SEOALE BUSINESS PARK, known to me to be the individual described in and who executed the foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _ day of , 19 Notary Public in and for the State of Washington, residing at My commission expires 9108210298 DA! iD,I:G i 11 02 ;:11 '91 RIVER PROTECTION EASEMENT ' ASSIGNMENT AS TENANTS IN COMMON File No. 6-1991-006 xx WHEREAS, King County, a legal subdivision of the State of Washington was granted River Protection Easements by MARUO A. SEGALE and LOUIS SEGALE in documents duly recorded and identified under King County recording No. 6027016 recorded May 11, 1966 and recording No. 6027013 recorded May 11, 1966 for the area described in Exhibits A and 13, for the following rights and purposes: "to enter upon the above described land to construct, reconstruct, maintain and repair a bank protection and/or other flood control works, including all appurtenances thereto, together with right to trim, cut, fell and remove all such trees, brush and other natural growth and obstructions as are necessary to provide adequate clearance and to eliminate interference with, or hazards to the structures." and, WHEREAS, to promote and advance the purpose of the River Protection Easements described above, King County has determined that all the rights and responsibilities granted to King County in the River Protection Easements should be held by King County, the City of Tukwila, Washington and the Green River Flood Control Zone District as tenants in common; THEREFORE, to benefit the purpose of the easements and for valuable consideration, King County does hereby assign, ns tenants in common with itself, to the City of Tukwila, Washington and the Green River Flood Control Zone District, all the rights and responsibilities granted to King (:nhnty in the above identified River Protection Easements and as described in Exhibits A and IL No party shall take any action on the described easements that would injuriously affect or render the easements appreciably Tess convenient and useful to any one of the other tenants in common. Dated this Ad day of Filed For Record At The Request 01 JESUSSANCHFor E2�0 King County Real Property Division KING COUNTY EXECUTIVE giRECD8,2F.1 (Title) CRSHSL STATE OF WASIIINGTON County of King On t its o?61 day of 19 , personally appeared before me ts�i,--57s�, , to me known to be the individual that executed he within and foregoing instrument on behalf of King County, and acknowledged said instrument to be the free and voluntary act of Ring County for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the official seal of King County. ) ss , 1991 .o0 EXCISE TAX NOT REQUIRED King Co. Roccads Division By, ) ! L-. _ , Deputy "a:w:*.*, 00 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. State of Residing at My commission expires 11 1 / t 9gb"-- mnrrrr:: TF Tier• nnrnIFNT IN THIS FRAME IS LESS CLEAR TWi THIS NOTICE l 9108210298 EXIIIIBITA. Green River Levee City of Tukwila Project No. 86-DR21 Legal Description for Proposed Levee Easement Segale Property along River from 1 South 180111 Street to GACO Western Tract Title No. 136362 XX That portion of the following described Tract "X" lying within the 30.0 foot casement granted to King County by instruments recorded under Recording Numbers 6027013 and 6027015. Tract "X" All of Government Lot 5 in Section 35, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT that portion of said Government Lot described as follows: Beginning at the northwest corner of said Government Lot; Thence S87°56'03"E along the north lint thereof, 112.46 feet; Thcncc S 17°28' 13"W, 432.63 feet to the west line of said Government Lot; Thence NO2°24'12"E along said west line, 417.09 feet to the point of beginning; TOGETHER WITH that portion of Government Lot 6 in said Section described as follows: Beginning at a point on the east line of said Govemment Lot, 417.09 feet south of the northeast corner thereof; Thence S 17°28' 13"W, 134.55 feet; Thence S66°31'27"E, 37.48 feet to the said east line; Thence NO2°24' I2"E along said east line 143.40 feet to the point of beginning; AND EXCEPT that portion thereof lying within the following described property: Commencing at a monument at the nonheast corner of the southwest quarter of the northeast quarter of said Section; Thence S07°44'56"W, 956.67 feet to a point of curve; Thence along a curve to the right having a radius of 2,500 feet through a central angle of 05°22'20", an arc distance of 234.41 feet; Thence N76°52'44"W 30.00 feet to the True Point of Beginning; NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR Tki,N THIS NOTICE ']Cvfifl 9108210298 (Exhibit A. cont.) Thence N69° I5'04"W 55.31 feet; Thence N30°55' 15"W 52.59 feet; Thence N82° 15'0S"W 187.64 feet; Thence S07°44'56"W 48.23 feet to a point of curve; Thence along a curve to the right having a radius of 477.465 feet, through a central angle of 13°00'00" an arc distance of 108.33 feet; Thence S20°44'56"W 399.00 feet; Thence S69° 15'04"E 180.00 feet; Thence S20°44'56"W 12.00 feet; Thence S69° 15'04"E 85.77 feet; Thence along a curve to the left, whose center bears N63°30'32"W, having a radius of 2,470.00 feet, through a central angle of 13°22' 12" an arc distance of 576.38 feet to the True Point of Beginning; EXCEPT that portion described as follows: Beginning at the southwest corner of Government Lot 2 in said section; Thence S87°56'03"E along the line common to Government Lots 2 and 5, 177.19 feet; Thence S09°03'25"W, 148.27 feet; Thence S06°44'45"W, 82.23 feet; Thence N66°54'09"W, 338.39 feet; Thence northerly along a curve to the Icft, the center of which bears N71°16'17"W, having a radius of 2,530 feet through a central angle of 02°31'46", an arc distance of 111.70 feet to the said line between the government lots; Thence S87°56'03"E along said common line, 133.76 feet to the point of beginning; AND all that portion of Government Lot 2 of said Section, lying south of South 180th Street, and easterly of the following described line: Commencing at the northwest corner of said Government Lot 2; Thcnce S87°50'09"E along the north line thereof, 309.0 feet; Thence along a curve to the left having a radius of 300 feet, through a central angle of 22°30' 12", an arc distance of 117.81 feet; Thence S20°20'21"E, 36.0 feet to the south margin of said South 180th Street, and the point of beginning of the line; Tltcttec S36°31'53"W, 335.86 feet; Thence along a curve to the left, having a 14°28'22", an arc distance of 108.63 feet; Thence S22°03'26"W, 34.28 feet; Thence along a curve to the left, having a 18°44'11", an arc distance of 261.61 feet; radios of 430 feet, through a central angle of radius of 800 feet, through a central angle of XX NOTICE. IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR T MI THIS NOTICE $ 9108210298 EXHIBIT 13. ORDER NO. 1 3ce3f.'.)L IMPORTANT: This Is not a Plat of Survey. It Is furnished as a convenience to locale the land Indicated hereon with referenco to Weals and other land. No Ilalllily Is assumed by reason of reliance horeon. POI STEWART TITLE COMPANY of Washington, Inc. a 1• • 1 I. jll St, SP r.s.l, r 1, ar r,o,c„a., . ! I' . t,T el f , �� i fr .1 0i i I j' j 1 7 1 40 FE c 1 I �! t r, '�pp' :. ? 11 1 E` to F. , i+r ,'I ,.I�.i. I I 1 N i �. ,. a ' .1 ' i ill r�? ti' '1 l --* .- • ' + — wit,.. 1 �1! Q� 1 � TU SP ►K•Tero3S � i i' 11 _`G4 . ; LOP n Y sit I I r r I 1r A,,.. , ' _4,y ' -. 'II \., H '.' 111 , Potirarn of aovu.nrn2nc— LuC a 3s--'D3 --y NOM, NOTICE: IF THE DOCUMENT IN TH?1S FRAME IS LESS_ CLEAR TWN , THIS NOTICE 4 *la vIn 9108210298 NOTICE: CXIIIIIIT B. tJ� "r-4 • STEWART TITLE COMPANY 4. of Washington, Inc. ORDER NO. 13L3(o. IMPORTANT: This is not a Plat 01 Survey. It 15 !wished as a cr r•• enienco to locale the land indicated horeon with role/once to streets and other land. No Ilabiliiy Is assumed by reason of reliance hereon. i ge,„r �:^ .• • ••' :�i Ill' 0 r } • I• .4 e gy,�oo619 •� TU5P85117 1 s !I • „ii J. f��.5i Po g-'7-ruY1 6 o tV. r, mrrn C' Log"- 6, --4 -. IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR 'MIN THIS NOTICE" 110 n 9108210298 EXIIIBIT 13. '(.71STEWART TITLE COMPANY of Washington, Inc. ORDER NO. 1 IMPORTANT: This Is not a Plat of Survey. II Is furnished as a convenience to locale the land Indicated hereon with reference to stteets and other land. No liability Is assumed by reason of reflance hereon. va11 !. or j/ re PI Oils do 1.• f 0;4.:Wp ..- • • Pou-rtrn 0 t iovzianenr- Lur .s •D3 - NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR Tf441THIS NOTICE .1 A'•<>7 L • 1 ri 910821.0298 (Exhibit A. cont.) Xx Thence S03°19'14"W, 141.75 feet; Thence along a curve to the right, having a radius of 3,500 feet, through a central angle of 03°41'20", an arc distance of 225.31 feet; Thence S07°00'35"W, 26.08 feet; Thence S09°03'25"W. 579.24 feet; Thence S06°44'45"W, 82.23 feet to the terminus of the aforesaid line. AND that portion of Government Lot 6 of said section lying southerly of the north line of the flood control casement defined as follows: Commencing at a point S89°01'50 i 505.54 feet and nonh 00°58' 10"E 313.17 feet from the southwest corner of said Government Lot 6; Thence S66°31'59"E 343.91 feet to the nonh lino of said flood control easement and the True Point of Beginning; Thence easterly along said north line to the easterly line of said Government Lot 6; AND that portion of City of Tukwila Short Plat 1186-45SS according to Short Plat recorded under Recording Number 8609081152 in Government Lot 2 of said section, lying easterly of the easterly line of Lots 2, 3, and 4 of said Short Plat. End of Tract "X" NOTICE. IF THE DOCUMENT IN THh FRAME IS LESS CLEAR 1 U THIS NOTICE COUNTY OF KING Filed for Record at Request of Name MARIp n, $EGALE. om/q eEGALE eUSIN ec DARK Address i 0 City and State w A WnSHwcroN QRt9A 7 APR2920111 COMMUN,TY ltiaQE✓ELOPi.Zi LANDSCAPE EASEMENT A. MARIO A. SEGALE, A MARRIED MAN, ACTING WITH RESPECT TO HIS SEPARATE PROPERTY AND ESTATE, d/b/a SEGALE BUSINESS PARK ('Grantor'), is the owner of that certain real property located in King County, Washington and Ieoalty described as follows: Auditors File No. 931130-1961. Lot 2 of City of Tukwila Boundary Line Adjustment No. 93-0085, recorded under King County a' 8. MARIO A. SEGALE, A MARRIED MAN, ACTING WITH RESPECT TO HIS SEPARATE $ PROPERTY AND ESTATE, d/b/a SEGALE BUSINESS PARK (*Grantee), is the owner of that certain real o property located in King County, Washington and Legally described as follows: Lot 4 of City of Tukwila Boundary Line Adjustment Nu. 93-0085, recorded under King County g M Auditor's File No. 931130-1961. O C. Grantor desires to establish a landscape easement Over portions of Lot 2 for the benefit 5 of Lot 4. el ONOW THEREFORE, there are hereby created, declared and established, the following ON easements: 1. A nonexclusive easement is hereby reserved over the easterly five (5) feet of Lot 2 as it adjoins Lot 4 (hereinafter the 'Easement Area") for the purpose of providing landscaping to benefit Lot 4. 2. The easement hereby created and imposed upon Lot 2 shall run with the land, and shalt inure to the benefit of and be binding upon said Lot 2 and the owners thereof, and their heirs, successors and assigns. 3. All maintenance of the landscaping within the easement established herein shall be undertaken by Grantee. its heirs, successors and assigns. 4• Grantee, its heirs, successors and assigns shall save, defend indemnify and hold Grantor Grantee within the easement area. its heirs, successors and assigns harmless from all liability or damage arising out of any act or acts of IN WITNESS WHEREOF, this instrument has been executed this 23rd day of February, 1994. Mario A. Segale, dlbla Segale Business Park STATE OF WASHINGTON 1 ss. ) EXCISE TAX NOT REQUIRED )Grip co. Records Makin On this day personally appeared before me MARIO A. SEGALE, a married man dealing in his separate property and estate, d/b/a SEGALE BUSINESS PARK, known to me to be the individual described in and who executed the foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. Dated: ,asroocstiarascaw 2-i • 1994 Signature of Norar 6 Print or Stamp . a of Notary Notary Public in and fo the State of Washington, residing at My commission expires . • </ 9 07 Return Address Segale Properties LLC P.O. Box 88028 Tukwila, Washington 98138 Attn: Jacek Pawlicki 20100618001295 COMMONWEALTH L AST 16.00 PAGE-001 OF 003 06/18/2010 15:35 KING COUNTY, WA i 11 20100618001295.001 Document Title(s) (or transactions contained therein): I 1. SUBSTITUTION OF TRUSTEE (1 . Reference Number(s) of Documents assigned or released: 9412300691 Grantor(s) (Last name first, then first name and initials): 1. MARIO A. SEGALE 2. COMMONWEALTH LAND TITLE CO. OF PUGET SOUND, LLC Grantee(s) (Last name first, then first name and initials): 1. MARIO A. SEGALE 2. COMMONWEALTH LAND TITLE CO. OF PUGET SOUND, LLC Legal description (abbreviated: i.e. lot, block, plat or section, township, range) PTN. OF SEC. 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M. Assessor's Property Tax Parcel/Account Number 352304-9118 Said document(s) were filed for record by Commonwealth Land Title as accommodation only. It has not been exaniiii4..ci a:: to proper execution or as to its effect upon title. v\/\ Los A)3s 20100618001295.002 SUBSTITUTION OF TRUSTEE KNOW ALL MEN BY THESE PRESENTS: Segale Properties LLC, a Washington limited liability company, as successor in interest to La Pianta Limited Partnership, is the Grantor, and Transnation Title Insurance Company is the Trustee, and Mario A. Segale, a married man acting with respect to his separate estate, is the Beneficiary under that certain Deed of Trust dated December 29, 1994, and recorded on December 30, 1994, in King County, Washington under Auditor's File Number 9412300691. WHEREAS, the undersigned does hereby appoint COMMONWEALTH LAND TITLE CO. OF PUGET SOUND, LLC, as trustee to serve in all ways in place and stead of the prior trustee. Now, therefore, upon recordation of this document, COMMONWEALTH LAND TITLE CO. OF PUGET SOUND, LLC, the designated successor Trustee, whose address is 14450 NE 29th Place, Bellevue, WA 98007, shall succeed to all the powers, duties and title of the former Trustee. Dated: June 14, 2010 Mario A. Segale 20100618001295.003 STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this 14th day of June, 2010, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared MARIO A. SEGALE, to me known to be the individual who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER my hand and official seal hereto affixed the day and year in this certificate first above written. JACEK R. PAWLICKI NOTARY PUBLIC STATE OP WASHINGTON COMMISSION EXPIRES OCT6E,ER 15, 2013 { at4re of Notw) (Print or stamp name of Notary) NOTARY PUBLIC in and follhe State of Washington, residing at /Mirc4 &Atm-tow"' My appointment expires: Goef,f ir'Zoo . s - pQR9, „1 T{,i r 7 Transamerica Title Services After recording, mail to: perkins Coie 1201 Third Avenue, 40th Floor Seattle, WA 98101-3099 Attention: Carol A. Kirby Transamellca T,IIu Insurance Company SHORT FORM DEED OF TRUST Seorale Business Park • 10hth Ave. THIS DEED OF TRUST is made this q day of December , 19 94, BETWEEN IA PIANLA LitffTED PARISZERSHIP, a Washington limited partnership, as Grantor, whose address is 18010 Southcenter- Parkway, T1,slewila, ilk 98188 and T'RAIZSAKERICA TITLE II35IJRAt CY1`'IPANY , as Trustee, whose address is 1200 Sixth Avenue, Suite 100, Seattle, WA 98101 property and estate and W.P.I0 A. SE ALE. a Parried man dealing with reswet.t. to his separate/ , as Beneficiary, whose address is 18010 Southcenter Parkway, Ttskwei.la, t 98188 Grantor hereby irrevocably grants, bargains. sells and conveys to T sstee in taut, with power of sale, the following described property in King County, Washington: See EXHIBIT A attached to and made a part of this Deed of Trust by this reference. Beneficiary has undertaken and agreed to pay all principal and interest as such become due and to pay any other sums required by certain prior promissory notes secured by certain prior deeds of trust or mortgages as more fully set forth in the note secured by this Deed of Trust. Additional provisions are set forth on Exhibit B attached to and by this reference made a part of this Agreement. TOGETHER WITH all the tenements, hereditaments and appurtenances, now or hereafter [hereunto belonging or in anywise appertaining, and the rents, issues and profits thereof and all other property or rights of any kind or nature what- soever further set forth in the Master Deed of Trust hereinafter referred to, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents. issues and profits. tip THIS DEED IS FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of Grantor incorporated C by reference or contained herein and payment of the sum of Twenty—six Million One Hundred Ninety CCD Thousand and No/100 DOLLARS t1 Cr) (s 26.190, 000.00 } with interest thereon according to the terms of a promissory note of even date herewith, payable to Beneficiary or order and made by Grantor; all renewals, modifications or extensions thereof. This Deed of Trust secures all advances made by Beneficiary under its terms or under the terms of the Note which it secures. By exeeutirig and delivering this Deed of Trust and the Note secured hereby. the parties agree that all provisions of Paragraphs 1 through 35 inclusive of the Master Form Deed of TYust hereinafter referred to, accept such paragraphs as are specifically excluded or modified herein, are hereby incorporated herein by reference and made an integral pan hereof for all purposes the same as if set forth herein at length. and the Grantor hereby makes said covenants and agrees to fully per- form all of said provisions. The Master Form Deed of Trust above referred to was recorded on the twenty-fifth (25th) day of July, 1968, in the Official Records of the offices of the County Auditors of the following counties in Washington in the book. and at the page designated after the name of each county. to -wit: MANTON% AIOROas COINTY 11001 OR VOL PAGE NO rile NO. CO4I7rrY 110010a VOL MCI NO FILL NO. Ade.e. 1 of Record. I..,o 111.111 113111 leek. 7 of COON Roc iisUr iN1112 Ow.) NIe,unlow Vedas hA..or1 No 101111 1emtl1 107 o1 M0ny,n Moro. 1a1 01 OIrcW lac 1914C 1/11)1 Moore 1.t/111 root/1177IH 1)1011 C1uun 1Y or O100W floc. 1Y7.1M7 411/M OUr.q.e 111 of 104014447 111.11.A 100414 Melon 313 01 Ofrn01 Stec 1/1•,M )U17/ Plano 31) of OfrW .1111-/11 11.01 Club hod. µnoryro No 101139.70E511 G71111) Prod 001111. 17 of 91117. 111 110114 Co1.ob1 410 ONLY 1911-141 1•1111 P,erce 111e o1 M1/, 70- 710 1:10.71 CO.In, 741 of orraaw Ile. 134711 171171 San 111A 3101 MI 1 arc IGr) 1)/-M3 00:11 170u/.W t23 of Mon111e Saµn I►of olr 130411 111191 11.)•7 hn1 21 of Deal: 1U-1N 171170 3W*.nu 170)MIµ o1.w 701/1 „one)) 11 01 0790.1 Roo. 11F111 7014)0 2.000.euL 3)1 of O(r. 10 Mc )b101 1M1)1. Ono. M.nofJM 10c. h.41u11b 110Y 11.000. l0pi. 10(14114e I11.1011 )11.111 Oren) of Ric wel I31J11 )1Ua) i...f11 IMuf M0``b. 1fa)/7 711111 G,.7. 14tMo 11 orfhoof 1 11-71 201144 77ueow. 1H o10111aa1 R,'c 1147M 711110 1aeM 1110l 170.1 ace 7I0.11) 311111 M1WIo11 17of Monµi77 17.11 1a1)1 RINr,On 1 or OfncW 7YC ).07111 11µ71 MJ11114 of or Mi` 711.11• 111731 4,71 Rog 1of 0l MI{f 11v1/) 1)11-1X0174770 MM11.,n 1301 el ri.Nue 0eC 11).1)1 1a 1 Cowe ►7101 ol7loel 0.e 1q+1 /)c710 wl.0nun 1 0) Muc 1/1.JM Cowes 111 0f Mw1/1aw HI.1M 34M/) r11M Moe 0fh:,11 lee 117-1)0 11701.) a9AOM 1O1 of M0rt111q )01.110 1)10/1 A copy of such Master Form Deed of Trust is hereby furnished to the person executing this Deed of Trust and by ex• ecuting this Deed of Trust the Grantor acknowledges receipt of such Master Form Deed of Trust. The property which is the subject of this Deed of Trust is not used principally or primarily for agricultural or farming purposes. 00.2i LPa No. 20 WC 900 5080338 !UMW 0MI)I IN 001E9160 f690-0CF1/6 F.,rm N., \C-1 Page itvo The undersigned Grantor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at the address herinbefore set forth. Section 5 of the Master Form Deed of Trutt is hereby modified to specify a tate charge of five ants ($.OS) in lieu of a late charge of two cents (102) for each dollar as liquidated damages. Section 13 of the Master Form Deed of Trust is hereby [modified to specify an interest rate of twelve percent (12%) in lieu of an interest rate of ten percent (10%). In all other respects both of said Sections•3 and 13 of the Master Form Deed of Trust arc cenfirmed. if all or arty part of the property or an interest therein is sold or transferred by Grantor without Beneficiary's prior written consent, Beneficiary may, at Beneficiary's option. declare all the sums secured by this Deed of Trust to be immediately due and payable. WITNESS the hand(s) and seal(s) of the Grantor(s) on the day and year first above written. IA PIANM LIMITED PAF> NIZTISHIP, a Washington 1-1 limited pa,xtnership C.4 i3y METRO LAND DCVBiD>•QIN1', WC.. a Qv Washington oorpo tion, its General. c`� 1 nrtncr ,may ray Los/. tip STATE OF WASHINGTON) Name: • regale Title: President ) ss. COUNTY OF KING ) On this o2 `l day of December, 1994, before me, the undersigned, a Notary Public in and for the State of Washington, duly cornsnissioned and sworn, personally appeared M.A. Segale, to me known to be the person who signed as President of METRO LAND DEVELOPMENT. INC.. the 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 he was duly elected, qualified and acting as said officer of the corporation, that he 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. (Signature of Mary) V/ (Print or stamp name of Notary) NOTARY PUBLIC in and for the Sate of Washington, residing at / T My Appointment Expires: i_/i fI7 REQUEST FOR FULL RECONVEYANCE To be used only when all obligations have been paid under the note and this deed of trust. TO: TRUSTEE. The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of Trust. Said note, together with all other indebtedness secured by said Deed of Trust. has been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of trust, to cancel said note above mentioned, and all other evidence of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of 'Rust. and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder. Dated • 19 Mail reconveyance to EXHIBIT A PARCEL 1: LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. 86-45-SS, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8609081152; (ALSO BEING KNOWN AS LOT 1 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 93-0085, RECORDED UNDER RECORDING NO. 9311301961); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 2: LOT 2 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 93-0085, AS PER BOUNDARY LINE ADJUSTMENT RECORDED UNDER KING COUNTY RECORDING NO. 9311301961, BEING A PORTION 0i LOT 2 OF CITY OF TUKWILA SHORT PLAT NO. 86-45-22, RECORDED UNDER KING COUNTY RECORDING NO. 8609081152; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 3: LOT 4 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 93-0085, AS PER BOUNDARY LINE ADJUSTMENT RECORDED UNDER KING COUNTY RECORDING NO. 9311301961, BEING A PORTION OF LOTS 2 THROUGH 4 OF CITY OF TUKWILA SHORT PLAT NO. 86-45-SS, RECORDED UNDER KING COUNTY RECORDING NO. 8609081152; '-1 SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. CA O t'7 PARCEL 4: M LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-SS, RECORDED UNDER KING COUNTY RECORDING NO. 8505090619; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 5: LOT 2 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-SS, RECORDED UNDER RING COUNTY RECORDING NO. 8505090619; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 6: LOT 3 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-SS, RECORDED UNDER RING COUNTY RECORDING NO. 8505090619; SITUATE IN THE CITY OF TUKWILA, COUNTY OF RING, STATE OF WASHINGTON. Ex. A - p. 1 • . PARCEL 7: LOT 4 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-22, RECORDED UNDER KING COUNTY RECORDING NO. 8505090619; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 8: THAT PORTION OF GOVERNMENT LOT 5 AND OF SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A MONUMENT AT NORTHEAST CORNER OF SAID SOUTHWEST 1/4 OF NORTHEAST 1/4; THENCE SOUTH 07 DEGREES 44 MINUTES 56 SECONDS WEST 956.67 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2500 FEET THROUGH A CENTRAL ANGLE OF 05 DEGREES 22 MINUTES 20 SECONDS, AN ARC DISTANCE OF 234.41 FEET; THENCE NORTH 76 DEGREES 52 MINUTES 44 SECONDS WEST 30 FEET TO TRUE POINT OF BEGINNING; THENCE NORTH 69 DEGREES 15 MINUTES 04 SECONDS WEST 55.31 FEET; THENCE NORTH 30 DEGREES 55 MINUTES 15 SECONDS WEST 56.43 FEET; THENCE NORTH 82 DEGREES 15 MINUTES 04 SECONDS WEST 185.24 FEET; THENCE SOUTH 07 DEGREES 44 MINUTES 56 SECONDS WEST 51.23 FEET; THENCE ALONG A CURVE TO THE RIGHT RADIUS 447.465 FEET THROUGH C/A OF 13 DEGREES 00 MINUTES 00 SECONDS ARC DISTANCE OF 106.33 FEET; THENCE SOUTH 20 DEGREES 44 MINUTES 56 SECONDS WEST 396 PEET; THENCE SOUTH 69 DEGREES 15 MINUTES 04 SECONDS EAST 180 FEET; THENCE SOUTH 20 DEGREES 44 MINUTES 56 SECONDS WEST 15 FEET; THENCE SOUTH 69 DEGREES 15 MINUTES 04 SECONDS EAST 85.77 FEET; THENCE ALONG A CURVE TO THE LEFT RADIUS 2470 FEET THROUGH CENTRAL ANGLE OF 13 DEGREES 22 MINUTES 12 SECONDS, ARC DISTANCE OF 576.38 FEET TO TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 9: THAT PORTION OF THE ABANDONED BED OF THE GREEN RIVER WHICH ADJOINS AND LIES BETWEEN THE SOUTHERLY EXTENSIONS OF THE SOUTHWESTERLY AND EASTERLY LINES OF LOT 4 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-SS, RECORDED UNDER KING COUNTY RECORDING NO. 8505090619, AND LIES NORTHERLY OF SAID RIVER; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 2 AND OF THE ABANDONED BED OF THE GREEN RIVER, WHICH ADJOINS, LYING SOUTHERLY OF SOUTH 18OTH STREET, WESTERLY OF THE GREEN RIVER AND EASTERLY OF LOT 4 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 93-0085, RECORDED UNDER KING COUNTY RECORDING NO. 9311301961; Ex. A - p. 2 TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 6, WHICH LIES EASTERLY OF AND ADJOINS LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-SS, RECORDED IN KING COUNTY RECORDING NO. 8505090619; AND TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 5 AND OF THE ABANDONED BED OF GREEN RIVER ADJOINING WHICH LIES SOUTHERLY OF SAID LOT 4 OF THE BOUNDARY LINE ADJUSTMENT, EASTERLY OF LOT 1 OF SAID SHORT PLAT AND NORTHERLY OF THE GREEN RIVER; ALL IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M.; EXCEPT THAT PORTION THEREOF DESCRIBED AS: BEGINNING AT A MONUMENT AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST; THENCE SOUTH 07 DEGREES 44 MINUTES 56 SECONDS WEST 956.67 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT RADIUS 2500 FEET THROUGH CENTRAL ANGLE OF 05 DEGREES 22 MINUTES 20 SECONDS AN ARC DISTANCE OF 234.41 D7 FEET; 1.0 THENCE NORTH 76 DEGREES 52 MINUTES 44 SECONDS WEST 30 FEET TO TRUE POINT OF BEGINNING; THENCE NORTH 69 DEGREES 15 MINUTES 04 SECONDS WEST 55.31 FEET; 1-1 THENCE NORTH 30 DEGREES 55 MINUTES 15 SECONDS WEST 56.43 FEET; THENCE NORTH 82 DEGREES 15 MINUTES 04 SECONDS WEST 185.24 FEET; THENCE SOUTH 07 DEGREES 44 MINUTES 56 SECONDS WEST 51.23 FEET; p) THENCE ALONG A CURVE TO THE RIGHT RADIUS 447.465 FEET THROUGH CENTRAL ANGLE OF 13 DEGREES 00 MINUTES 00 SECONDS ARC DISTANCE OF 108.33 FEET; THENCE SOUTH 20 DEGREES 44 MINUTES 56 SECONDS WEST 396 FEET; THENCE SOUTH 69 DEGREES 15 MINUTES 04 SECONDS EAST 180 FEET; THENCE SOUTH 20 DEGREES 44 MINUTES 56 SECONDS WEST 15 FEET; THENCE SOUTH 69 DEGREES 15 MINUTES 04 SECONDS EAST 85.77 FEET; THENCE ALONG A CURVE TO THE LEFT RADIUS 2470 FEET THROUGH CENTRAL ANGLE OF 13 DEGREES 22 MINUTES 12 SECONDS AN ARC DISTANCE OF 576.38 FEET TO TRUE POINT OF BEGINNING OF SAID EXCEPTION; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 10: THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING EASTERLY OF SOUTHCENTER PARKWAY (57TH AVENUE SOUTH); EXCEPT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE ALONG THE NORTH LINE THEREOF SOUTH 88 DEGREES 54 MINUTES 46 SECONDS EAST 247.29 FEET; THENCE SOUTH 05 DEGREES 51 MINUTES 40 SECONDS EAST 142.26 FEET; THENCE SOUTH 54 DEGREES 52 MINUTES 45 SECONDS WEST 203.79 FEET; THENCE SOUTH 29 DEGREES 26 MINUTES 45 SECONDS WEST 159.30 FEET; THENCE SOUTH 86 DEGREES 58 MINUTES 00 SECONDS WEST 103.76 FEET; THENCE SOUTH 58 DEGREES 20 MINUTES 50 SECONDS WEST 100.50 FEET TO A POINT ON THE CENTER OF THE ROAD; Ex. A - p. 3 � THENCE FOLLOWING THE CENTER LINE OF SAID ROAD NORTH OB DEGREES 43 MINUTES 18 SECONDS EAST 467.77 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION FROM WHICH THE NORTH EAST CORNER THEREOF BEARS SOUTH 88 DEGREES 53 MINUTES 32 SECONDS EAST 101.47 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 32 SECONDS EAST 101.47 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION DESCRIBED AS: BEGINNING AT THE NORTHEAST THENCE NORTH 88 DEGREES 53 LINE THEREOF, 101.47 FEET; THENCE SOUTH 08 DEGREES 43 THENCE SOUTH 17 DEGREES 59 TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 17 FEET; THENCE SOUTH 71 DEGREES 43 THENCE NORTH 16 DEGREES 28 THENCE NORTH 71 DEGREES 43 TRUE POINT OF BEGINNING; CORNER OF SAID SUBDIVISION; MINUTES 32 SECONDS WEST ALONG THE NORTH MINUTES MINUTES DEGREES MINUTES MINUTES MINUTES 18 SECONDS 30 SECONDS 59 MINUTES 40 SECONDS 50 SECONDS 40 SECONDS WEST 477.17 FEET; WEST 247.69 FEET TO THE 30 SECONDS WEST 151.00 EAST 203.51 FEET; EAST 151.08 FEET; WEST 199.53 FEET TO THE AND EXCEPT THAT PORTION INCLUDED WITHIN LOT 1 OF CITY OF PLAT NO. 85-19-$S, RECORDED IN KING COUNTY RECORDING NO. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF TUKWILA SHORT 8505090619; WASHINGTON. THE PERIMETER DESCRIPTION OF 'IRE ABOVE DESCRIBED PARCELS IS AS FOLLLX+7S : THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; AND THAT PORTION OF THE SOUTHEAST QUARTEP. OF THE NORTHWEST QUARTER LYING EASTERLY OF THE ANNA MESS COUNTY ROAD; ALL IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 5 E., W.M.; EXCEPT COUNTY ROAD; AND EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING DESCRIBED TRACT: • BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE ALONG THE NORTH LINE THEREOF SOUTH 88'54'46" EAST 247.29 FEET; THENCE SOUTH 5°51'40" EAST 142.26 FEET; THENCE SOUTH 54'52'45" WEST203.79 FEET; THENCE SOUTH 29'26'45' WEST 159.30 FEET; THENCE SOUTH 86'58'00' WEST 103.76 FEET; THENCE SOUTH 58'20'50' WEST 100.50 FEET TO A POINT ON THE CENTER OF THE ROAD; THENCE FOLLOWING THE CENTER LINE OF SAID ROAD NORTH 8'43'18' EAST 467.77 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION FROM WHICH THE NORTHEAST CORNER THEREOF BEARS SOUTH 88'53'32' EAST 101.47 FEET; THENCE SOUTH 88`53'32' EAST 101.47 FEET TO THE POINT OF BEGINNING; AND EXCEPT Ex. A -p. 4 9412300691 THAT PORTION OF THE SOUTH WEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 E.W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SUBDIVISION DISTANT SOUTH 88'54'46' EAST 449.30 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 88'54'46' WEST ALONG SAID NORTH LINE 202.01 FEET; THENCE SOUTH 5'51'40' EAST 142.26 FEET; THENCE SOUTH 54'52'45' WEST 203.79 FEET; THENCE SOUTH 29'26'45' WEST 159.30FEET;THENCE SOUTH 88'54'46' EAST 424.89 FEET TO A POINT FROM WHICH THE POINT OF BEGINNING BEARS NORTH 1'05'14' EAST; THENCE NORTH 1'05'14' EAST 401.77 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE COUNTY ROAD; AND EXCEPT A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 1:.W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 88'53'32' WEST ALONG THE NORTH LINE THEREOF, 101.47 FEET; THENCE SOUTH 8'43'18' WEST 477.17 FEET; THENCE SOUTH 17'59'30' WEST 247.69 FEET TO THE• TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 17'59'30' WEST 151.00 FEET; THENCE SOUTH 71'43'40" EAST203.51 FEET; THENCE NORTH 16'28'50' EAST 151.08 FEET; THENCE NORTH 71'43'40' WEST 199.53 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM THE COUNTY ROAD. TOGETHER WITH: ALL OF GOVERNMENT LOT FIVE (5), AND THAT PORTION OF GOVERNMENT LOT SIX (6) LYING EASTERLY OF THE EXISTING COUNTY ROAD WHICH EXTENDS IN A NORTHEASTERLY DIRECTION OVER AND ACROSS SAID GOVERNMENT LOT 6, ALL 1N SECTION THIRTY-FIVE (35), TOWNSHIP TWENTY-THREE (23) NORTH, RANGE FOUR (4) E.W.M.; EXCEPT THEREFROM THAT PORTION OF SAID GOVERNMENT LOT 6, LYING EASTERLY OF SAID ROAD AND SOUTHWESTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY MARGIN OF SAID ROAD WHICH POINT IS MARKED BY AN IRON PIPE, AND FROM WHICH POINT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 6 BEARS SOUTH 0'58'10' WEST 313.17 FEET, AND NORTH 89'01'50* WEST505.54 FEET, SAID DISTANCES BEING MEASURED, RESPECTIVELY, AT RIGHT ANGLES TO AND ALONG THE SOUTH BOUNDARY Li NE OF SAID GOVERNMENT LOT; AND RUNNING THENCE SOUTH 67'36'00- EAST 380.45 FEET TO AN IRON PIPE; THENCE CONTINUING SOUTH 67'36'00' EAST 50 FEET, MORE OR LESS, TO THE BANK OF GREEN RIVER. TOGETHER WITH: THAT PORTION OF GOVERNMENT LOT 2, IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING WEST OF THE GREEN RIVER. EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: Esc. A — p. 5 9412300691 COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 87'50'09' EAST ALONG THE NORTH LINE THEREOF.449.30 FEET; THENCE SOUTH 02'09'51' WEST, 36.00 FEET TO THE SOUTH MARGIN OF SOUTH 180TH STREET AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 87'50'09' EAST ALONG SAID SOUTH MARGIN, 786.92 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 95'35'05', AN ARC DISTANCE OF 83.41 FEET; THENCE SOUTH 07'44'56' WEST, 348.56 FEET; THENCE NORTH 87'50'09- WEST, 802.76 FEET; THENCE NORTH 02'09'51' EAST, 401.77 FEET TO THE TRUE POINT OF BEGINNING. BEING LOT 3 OF CITY OF TUKWJLA BOUNDARY LINE ADJUSTMENT FILE NO. 93• 0085, RECORDED UNDER KING COUNTY AUDITOR'S FILE NO. 931130-1961. Esc. A — F. 6 * - 9412300691 Segale Business Park EXHIBIT B I. Prior Notes and Prior Liens This Deed of Trust and the Note that it secures ("the Notc") are subordinate to certain Promissory Notes ("Prior Notes") and Deeds of Trust or Mortgages ("Prior Liens") as described on EXHIBIT A attached to the Note. As part of the consideration for execution and delivery of the Note and this Deed of Trust, Beneficiary has undertaken and agreed to pay each installment of principal and interest as such becomes due under the Prior Notes and to pay any other sums required by the Prior Notes or the Prior Liens. Notwithstanding the foregoing, Beneficiary's liability to Grantor for the payment of the Prior Notes is limited to application to the amounts due and payable under the Prior Notes of the amounts received by Beneficiary under the Note, and Grantor shall be and remain fully responsible for the performance of all covenants, agreements and undertakings contained in the Prior Notes and Prior Liens other than those covenants requiring payment of principal, interest or tax and insurance escrow deposits, and other than those covenants, undertakings and agreements which can only be provided by Beneficiary. Nothing contained herein shall in any manner give the holders of the Prior Notes any rights as third party beneficiaries with respect to the obligations of Beneficiary hereunder. Beneficiary shall not modify or amend any Prior Note or any document creating or evidencing any Prior Lien in such a way as to increase the principal balance, increase the interest rate or lengthen the term of any Prior Note or Prior Lien. Grantor shall not make any payments required by the terms of the Note to the holder(s) of any Prior Note(s) except as expressly permitted below with respect to defaults by Beneficiary. 2. Defaults Under Prior Notes or Prior Liens (a) Defaults by Beneficiary If a default should occur under any Prior Note or Prior Lien, where the default is caused by Beneficiary, then notwithstanding the fact that Grantor has paid the principal and interest installments and tax and insurance escrows (if any) required under the Note, Grantor shall be entitled to take any and all action which in its judgment is necessary or advisable to cure or avoid an event of default under any Prior Note or Prior Lien or to bring any Prior Note current as to principal and interest payments. In the event Grantor shall elect to cure or avoid such an event of default, Grantor shall be entitled, at its sole election, to credit any amount expended to cure or avoid the event of default against the next maturing installment of principal and/or interest or against the outstanding principal of the Note. No exercise by Grantor of its rights under this Section shall affect Grantor's obligations to Beneficiary under the EXI IIBr r B 108918-0730/S B943620.045H.I PAGE 12/28194 terms of the Note or this Deed of Trust except as expressly provided in the foregoing sentence. Grantor shall have no right or obligation to assume any Prior Note. (b) Defaults by Grantor If a default should occur under any Prior Note or Prior Lien, where the default is caused by Grantor, then Beneficiary shall be entitled to take any and all action which in its judgment is necessary or advisable to cure the default. (c) Notices Beneficiary shall give prompt notice to Grantor of any default under any Prior Note or Prior Lien, whether caused by Grantor or Beneficiary. (d) Hold Harmless The party that causes any default under any Prior Note or Prior Lien shall be vot responsible for repayment of all sums advanced by the other party to cure the default together with interest at the rate of twelve percent (12%) per annurn from the date(s) such sums were advanced, and of all other costs and fees incurred by the non- defaulting party as a result of the default, including without limitation reasonable -1 attorneys' fees and costs. 3. Prepayment Rights (a) Grantor shall be entitled to prepay at any time, without payment of any fee or penalty, in part or whole the amount by which the outstanding principal balance of the Note exceeds the then outstanding principal balances of the Prior Notes, and in the event such excess is paid in full, the Note shall be canceled and of no further force and effect and this Deed of Trust shall be released or discharged of record at the expense of Grantor; provided, however, that following such payment, the Property shall remain subject to the Prior Liens and any other instrument securing payment of the Prior Notes, and Beneficiary shall have, from that time forward, no further obligation or liability to make the principal and interest and other payments required by the Prior Notes or Prior Liens. (b) Grantor shall be entitled to prepay the outstanding principal balance of the Note beyond the amount otherwise permitted by subparagraph (a) above (i) to the extent that any Prior Note permits a prepayment of all of the outstanding principal balance thereof and, (ii) if such Prior Note imposes a prepayment penalty for any such payment, Grantor tenders the funds necessary to make such prepayment penalty and (iii) if the amount prepaid equals the entire outstanding balance of the Prior Note plus any prepayment penalty due under its terms. If Grantor elects to make any prepayments permitted under this subparagraph EXHIBIT II (0891 /-0'n0/5a943610.043p+ PAGE 2 I2/2 B/94 (b), Beneficiary shall cause the Prior Lien to be canceled and discharged of record at the sole cost and expense of Grantor. 4. Events of Default (a) Under the terms of the Note, an event of default shall be deemed to arise if any of the following should occur: (i) Grantor shall default in the payment of any principal and/or interest payment or any other monetary amount due under the Note or under this Deed of Trust and shall fail to cure such default within fifteen (15) days from receipt of notice from Beneficiary that such payment is in default; (ii) Grantor shall default in the performance of any obligation, undertaking or covenant not relating to the payment of -money contained in the Note or in this Deed of Trust, or there shall be a breach in any warranty not relating to the payment of money contained in the Note or this Deed of Trust, and shall fail to cure such default within thirty (30) days from receipt of notice from Beneficiary of the need to effect such a cure or, if such event of default cannot be cured within such thirty (30) day period, Grantor shall fail to commence within such thirty (30) day period efforts to cure such default and to continue diligently such efforts until the cure has been affected; or (iii) A default shall occur under any Prior Lien which, if caused by Grantor, remains uncured fifteen (15) days from receipt of notice from Beneficiary, or otherwise is not cured within the time period(s) specified in the documents evidencing or creating the Prior Lien. (b) In the event one or more of the above -mentioned events of default shall occur Beneficiary shall, at its sole option and election, be entitled to declare the entire unpaid principal balance of, and all accrued interest on, the Note to be immediately due and payable without reduction for the outstanding balances of the Prior Notes, and may proceed to protect and enforce its rights either by suit in equity and/or by action at law, or by other appropriate proceedings, whether for the specific performance of any covenant or agreement contained in the Note or in this Deed of Trust, or in aid of the exercise of any power or right granted by the Note or this Deed of Trust, or may proceed to enforce the payment of the Note or enforce any other Iegal or equitable rights of Beneficiary. Notwithstanding the foregoing, Beneficiary shall not have the right to exercise its remedies under this Subsection (b) if (i) the default or defaults occur(s) solely under Subsection (a)(iii) above and (ii) Grantor has not caused the default(s) to occur, unless the holder of the Prior Lien in question has elected to accelerate the debt and to foreclose the Prior Lien. EXHIBIT o (08918-073019 0943620.04512 PAOE 3 12/28/94 20090617000114.001 ,: W APR 29 COMMUKT Return Address: DEVELOPw, City of Tukwila City Clerks Office 6200 Southcenter Blvd Tukwila. WA 98188 Ifni! 20090617000114 CITY OF TUKWIL ORD 167.00 PAGE001 OF 128 06/17/2009 08:48 KING COUNTY, WA 'S over Sheet (RCW 65.04 Please print or type information TT £W LLu................... -.. --- - . - - -- - therein): (all areas applicable to your document must be filled in) Document Title(s) (or transactions contained 1. Ordinance No. 2233 2. 3. 4. • Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) Exactly as name(s) appear on document 1. ' 2. Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. 2. Additional names on page of document. . Legal description (abbreviated: i.e. lot, block, plat•or section, township, range) Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned The Auditor/Reeorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided lierein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." S ignature of Requesting Party Note to submitter: Do not sign -above nor pay additional $50 fee if the document meets margin/formatting requirements 20090617000114.002 City of Tukwila Washington Ordinance No. ‹::›IrA, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING BY REFERENCE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND LA PIANTA LLC FOR THE TUKWILA SOUTH DEVELOPMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real property, and La Pianta LLC owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property," generally located between the boundaries of South 178th Street/South 180th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east; and WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act and the City's adopted Comprehensive Plan; and WHEREAS, La Pianta intends to develop the Tukwila South Property consistent with the Tukwila South Master Plan, which envisions the creation of a major new employment and housing base on the Tukwila South Property; and WHEREAS, the City Council accordingly desires to enter into .a Development Agreement with La Pianta LLC for the Tukwila South development; and WHEREAS, a public hearing was held for this Development Agreement on May 18, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Development Agreement Adopted. The City of Tukwila hereby adopts the "Development Agreement by and between the City of Tukwila and La Pianta LLC, for the Tukwila South Development," a copy of which is attached hereto as "Exhibit A" and by this reference fully incorporated herein. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY CO NCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of in ni , 2009. ATTPST/AUTHENTICATED: OF Christy O'Fla rty, CMC, City rk APPROVED Office' of the Ci orxiey BY: Haggerty, Mayor Filed with the City Clerk: ( Passed by the City Council: & Published: fi — 0 Effective Date: le+ — I Ordinance Number:___ Attachment: Exhibit A -- Development Agreement W:\Word Processing\ Ordinances\ Tukwila South Development Agreement.doc LV:ksn 06/05/2009 Page 1 of 1 20090617000114.003 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA 09-100 Council Approval 6/0S/09 AND LA PIANTA LLC, FOR THE By Ordinance No. 2233 TUKWILA SOUTH DEVELOPMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this loth day of June, 2009, by and between the CITY OF TUKWILA ("CITY"), a non -charter, optional code Washington municipal corporation, and LA PIANTA LLC, a Washington limited liability company ("La Pianta"). I. RECITALS WHEREAS, the Washington State Legislature has authorized the execution of development agreements between a local government and a person having ownership or control of real property within its jurisdiction and between a local government and a person owning real property outside its boundaries as part of a proposed annexation, pursuant to RCW 36.70B.170 through RCW 36.70B.210. WHEREAS, the "Tukwila South Project" (hereinafter defined) comprises approximately 512 acres of real property, which site is shown on the vicinity map attached hereto as Exhibit 1, and La Pianta owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property" and legally described in Exhibit 2. The Tukwila South Project is generally located between the boundaries of South 178th Street/South 180t Street on the north; South 204th Street on the south; Orillia Road and Interstate-5 on the west; and the Green River on the east. Approximately 259 acres will be annexed to the City pursuant to this Agreement. WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act, and the City's adopted Comprehensive Plan. The City will provide public services to the Tukwila South Property, with the exception of power and water. WHEREAS, La Pianta intends to develop the Tukwila South Property consistent with the Tukwila South Master Plan ("Master Plan"). The Master Plan envisions the creation of a major new employment and housing base on the Tukwila South Property. The plan calls for approximately ten million square feet of development that would be accommodated in a combination of campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech ("Tukwila South Project"). The Tukwila South Project will use the topographic and environmental constraints of the site to define the limits of its development area, as shown on Exhibit 3 ("Development Areas" and "Non -Development Areas"). The Tukwila South Project includes the extension of Southcenter Parkway in an alignment along the west edge of the valley floor ("Southcenter Parkway Project"); thus, functioning as the major transportation arterial through the site. The Tukwila South Project will also contain an integrated,, internal circulation system of streets, sidewalks and pedestrian connections that link its various developments and will serve vehicles, cyclists and pedestrians. 06/10/2009 -1- Exhibit A to Ordinance No. 2233 20090617000114.004 WHEREAS, La Pianta's goals for the Tukwila South Project are for a return on investment, quality public infrastructure and service, certainty regarding the costs and flexibility in how and when it develops. The City's goals in the development of the Tukwila South Property include implementing its comprehensive plan, producing positive economic impacts to the City and promoting environmental quality, mitigating financial risk for City funds, and mitigation of project impacts. WHEREAS, a development agreement must be approved by ordinance or resolution after a public hearing. WHEREAS, a public hearing for this Development Agreement was held on May 18, 2009 and the City Council approved this Development Agreement by Ordinance No. 2233 on June 8, 2009. WHEREAS, this Agreement constitutes a fmal land use action pursuant to RCW 36.70C.020 and is subject to review pursuant to RCW 36.70C.101 et seq. NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long-term benefit to both the City and La Pianta, the parties hereby agree as follows: II. AGREEMENT 1. Project Description. The master -planned development to be sited on the Tukwila South Property in accordance with the terms and conditions of this Agreement as well as other applicable development regulations is called the "Tukwila South Project." As used in this Agreement, the term Tukwila South Project (or "Project") means the proposed development of the Tukwila South Property with a mix of uses, types and density of development, public and private infrastructure and amenities consistent with the Tukwila South Master Plan and this Agreement. 2. Zoning Approvals. 2.1 Comprehensive Plan Designation. The Tukwila South Property is described within the "Tukwila South" element of the City's 1995 Comprehensive Land Use Plan, as amended ("Comprehensive Plan"). This includes both the portion of the property currently located within the City limits and the portion within the City's Potential Annexation Area ("PAA"). The City's Comprehensive Plan provides for use of a master plan in the Tukwila South district to guide and authorize development. La Pianta has submitted a Master Plan which identifies its development proposal. The City's Comprehensive Plan contemplates an overlay district for the property subject to the Tukwila South Master Plan. 06/10/2009 -2- 20090617000114.005 2.2 Master Plan Approval. In accordance with the City's Comprehensive Plan and TMC 18.40.075, the City approved the Tukwila South Master Plan on June 8, 2009. This Master Plan covers approximately 512 contiguous acres and provides the vision and framework for the creation of a "campus -type environment" focused on office and research facilities for emerging technology industries, along with a mix of supporting retail, residential, commercial and flex - tech and hotel uses. The Master Plan is. attached as Exhibit 4 to this Agreement and incorporated by this reference. The first phase of the Master Plan implementation will involve grading the entire site and installation of street and utility infrastructure. The approved Master Plan will remain in effect for the Term of this Agreement. The Master Plan may not be amended or superseded without the consent of both parties. In addition, any amendment to the master plan must follow the process for such amendments that is in effect at the time of the request. 2.3 Sensitive Areas Overlay and Master Plan. The City Council approved the designation of Tukwila South Property as a Sensitive Area Master Plan Overlay district on June 8, 2009. La Manta has submitted for City review a Sensitive Areas Master Plan ("SAMP") for the Tukwila South Property. The Department of Ecology ("DOE") has issued a Section 401 water quality certification for the Tukwila South Property (Certification Order No. 2877, dated November 7, 2005) (the "401 Certification"). Pursuant to TMC 18.45.160.G.8, the City will review the SAMP to ensure it conforms to the conditions of the 401 Certification. If the SAMP conforms to the conditions of the 401 Certification and TMC 18.45.160, the Director of Community Development will take action to approve the proposed SAMP, pursuant to TMC 18.45.160.G, within 30 calendar days after the effective date of the annexation. The Sensitive Areas Overlay and associated SAMP require mitigation of impacts to sensitive areas associated with the Tukwila South Project through build -out. 2.4 Land Use Permit Process. The above referenced plans will be implemented in phases by a series of Land Use Permit Process applications. These include but are not limited to, applications for clearing and grading permits, tree permits, building permits, shoreline substantial development permits, development permits, design review approvals, conditional use permits, planned residential developments, and such other permits and approvals described in Chapter 18.104 of the TMC and necessary to authorize development and implementation of the Master Plan approval. The Land Use Permit process requires the applicant to demonstrate consistency with the requirements of the approved Master Plan, as implemented through the Tukwila South Overlay District described in Section 2.5 below. All land use fees not specifically addressed in this Agreement will be paid at the time of permit application or when otherwise due. 2.5 Application of Tukwila South Overlay District. Consistent with the Comprehensive Plan, the City has amended the Tukwila Municipal Code ("TMC") to adopt the Tukwila South Overlay District as Chapter 18.40, a copy of which is attached hereto as Exhibit 5. The purpose of the Tukwila South Overlay District is to encourage innovative uses, sites and comprehensive planning of large land parcels through a master plan. The Tukwila South Overlay contains the development regulations, including commercial design guidelines, that will apply to the Tukwila South Property. The City agrees to apply the Tukwila South Overlay District regulations to the portion of the Tukwila South Property within its PAA, after that area is annexed to the City. 06/10/2009 -3- 20090617000114.006 2.6 Shoreline Map Amendment. The City, by ordinance, has pre -designated a portion of the Tukwila South Project as "Tukwila Urban" under its Shoreline Master Program/Plan, TMC Chapter 18.44 ("SMP"). Upon completion of the annexation, the City shall, consistent with this development regulation, amend its SMP map to include the Tukwila South Property as urban. It is understood by the parties that this amendment is subject to the approval of the State Department of Ecology. The parties agree that this map designation does not vest La Pianta to any shoreline regulations under the SMP. 3. Allowable Development. 3.1 Maximum Allowable Development. Except as otherwise provided herein, the maximum allowable development in the Development Area of the Tukwila South Project shall be limited to a maximum development (including any mix of buildings and permitted uses) that does not generate more than 10,166 Net New Trips (as defined below) from onsite development and is limited to 10.3 million square feet of new building floor area ("Allowable Development"). For the purposes of determining Allowable Development, new "building floor area" shall include new floor area generating vehicle trips, but shall not include floor area that does not generate vehicle trips, such as parking areas and mechanical space. 3.2 Site Clearing, Grading and Coverage. Subject to the limitations of Section 3.5 below, (i) up to 100% of the Development Area, outside of sensitive area or shoreline buffers, may be cleared and graded, and (ii) in the Development Area, up to 85% of the developable area served by each stormwater facility may be covered with impervious surfaces. 3.3 Limit on Certain Uses. The following uses in the Tukwila South Project will be subject to the restrictions set forth in this Section 3.3: (a) Movie theaters with three (3) or fewer screens shall be a permitted use. Movie theaters with more than three (3) screens shall be treated as special permission uses (TMC 18.41.060). (b) Regional malls shall be a prohibited use. For purposes of this Agreement, "Regional Mall" shall mean an independent, retail complex of at least 500,000 square feet of building floor area (as that term is defined in Section 3.1 above) containing privately -owned indoor and outdoor walkways for shoppers traveling to and from multiple retail uses. The square footage limitation under this definition shall be applied on a project -by -project basis, and shall not be applied to the Tukwila South Property as a whole. (c) No warehouse uses will be allowed in the Tukwila South Project beyond what is in existence at the time of execution of this Agreement, and redevelopment of existing warehouses to warehouse use will not be permitted. Notwithstanding the foregoing, with respect to existing warehouse uses and buildings, La Pianta shall be entitled to undertake normal maintenance and repair, reconstruction in the 06/10/2009 -4- 20090617000114.007 event of casualty and condemnation, modifications necessary to meet current code requirements, and for each building, a one-time "minor expansion" (not exceeding 5% of building floor area). The City shall require special permission uses (TMC 18.41.060). approval for such "minor expansions". 3.4 Expansion Areas. Several parcels that are not currently owned by La Pianta are located within the Project boundaries and are more particularly described and depicted in Exhibit 6. These parcels were included within the 512 acres analyzed in the Tukwila South EIS (hereinafter defined). The Tukwila South Overlay District regulations shall apply to these parcels if they are acquired and developed by La Pianta during the Term of this Agreement. Another parcel owned by La Pianta, hereinafter referred to as the "Arnold Parcel", also described in Exhibit 6, was not studied as part of the Tukwila South EIS. La Pianta and the City acknowledge that the Tukwila South Overlay District regulations shall apply to the Arnold Parcel, but that additional environmental review may be necessary when La Pianta elects to develop the Arnold Parcel. In the event that La Pianta desires to develop an Expansion Area under the Development Agreement, La Pianta shall provide (i) written notice to the City, (ii) evidence of its ownership or control of the Expansion Area(s) in question or the agreement by La Pianta and the owner(s) of the Expansion Area in question to subject such area to the terms of the Agreement, and (iii) evidence that no further additional environmental analysis is required beyond that covered in the Tukwila South EIS for the development proposed. 3.5 FIoodplain Development Review. Development in any areas of the Tukwila South Property lying within a 100-year floodplain, as designated by the Federal Emergency Management Agency ("FEMA"), shall be subject: (i) to review by the City and/or agencies with jurisdiction to ensure that such development will not result in a "take" of any endangered species in violation of federal law; and (ii) to all laws and regulations governing development within such FEMA-designated 100-year floodplains that are in effect at the time of a complete development application (the "Floodplain Regulations"). The clearing and grading permit for initial, overall site development for the Tukwila South Project ("Clearing and Grading Permit") shall be executed in accordance with the Floodplain Regulations, as applicable. Upon completion of the clearing and grading, subject to the Clearing and Grading Permit, and the Levee Modification, as defined herein, La Pianta will prepare for review by the City a Letter of Map Revision ("LOMR"). The City shall forward the LOMR to FEMA for review and when the LOMR is approved by FEMA, future building applications will not be subject to the Floodplain Regulations. 4. Parties Obligations Under this Agreement. This Agreement establishes certain roles and responsibilities for the development of the Tukwila South Project, including but not limited to City commitments for partial funding and construction of certain public infrastructure improvements benefiting the Tukwila South Project, as well as the community at large, and La Pianta commitments to participate in the funding of certain public improvements, to fund all private aspects of the development and to develop the Tukwila South Property consistent with all applicable land use policies and regulations. 06/10/2009 -5- 20090617000114.008 4.1 Annexation. Upon execution of this Agreement, La Pianta shall submit a signed 60% petition for annexation to the City of Tukwila for the portion of the Tukwila South Property located within the PAA. The City will take all steps necessary to consider the annexation in a timely manner after submittal of a signed 60% petition. In the event that La Pianta fails to submit the 60% petition, the City may terminate this Agreement upon giving 14 days notice to La Pianta. Should the annexation fail to occur by December 31, 2009 (the "Outside Annexation Date"), this Agreement will terminate and all obligations herein will be extinguished. The Outside Annexation Date shall automatically be extended for the period of any review of the annexation by the Boundary Review Board, ifjurisdiction is taken, and/or the courts. For purposes of this Agreement, the "effective date of the annexation" hereunder shall be the date on which the ordinance of annexation of the Tukwila South Property adopted by the City Council is effective, final and unappealable. 4.2 Levee Modification and 404 Permit Approval. The City has submitted to the U.S. Army Corps of Engineers, Seattle District ("ACOE") an application for modification of the levee system in the Tukwila South Property which will, among other things, permit the removal of the existing cross -levee structure at South 196th Street (the "Levee Modification"). La Pianta has submitted to ACOE an application for a Section 404 permit under the Clean Water Act, to permit the grading, filling and development of the Tukwila South Property as contemplated in the Tukwila South Master Plan (the "404 Permit"). The parties will take all reasonable steps necessary to secure from the ACOE the issuance of the Levee Modification and the 404 Permit in a timely manner. If either the Levee Modification or the 404 Permit has not been issued by the Corps, and all appeal periods having passed with no appeals filed, by June 30, 2010 (the "Outside Approval Date"), this Agreement will terminate and all obligations herein will be extinguished. The Outside Approval Date may be extended by mutual agreement of the parties. As provided herein, the parties will place in the Escrow (as established under Section 4.8.4.6 below) all documents, payments and other undertakings required to be delivered prior to the Outside Approval Date. Upon approval of the Levee Modification and issuance of the 404 Permit, the Escrow Agent (hereinafter defined) shall be instructed to release, deliver or record, as appropriate, all sums and documents held in escrow unless expressly provided otherwise in this Agreement. The City shall incur no costs for the maintenance of the new levee constructed as a result of the Levee Modification. Failure of La Pianta to secure maintenance for the levee prior to issuance of the Clearing and Grading Permit, shall result in denial of said permit. 4.3 Southcenter Parkway Project. 4.3.1 Southcenter Parkway Proiect Design. The City shall, using grant funds secured for this Project, promptly complete the final design of the extension and relocation of Southcenter Parkway from S. 180'h. Street to S. 200th Street ("Southcenter Parkway Project" or "SCP Project"), including necessary sewer, water, stormwater, natural gas, power and telecommunications utility system improvements associated with this roadway improvement project (the "Final Design Plans"), as documented in the 90% drawings completed by David 06/ 10/2009 -6- 20090617000114.009 Evans and Associates dated September 2005 (the "90% drawings") and on file with the City. The City may use up to $300,000 of the grant funds identified in Section 4.3.7 below for the purpose of completing the Final Design Plans; any costs to complete the Final Design Plans in excess of $300,000 shall be borne by the City. The Southcenter Parkway Project will provide additional access to the Tukwila Urban Center and the Tukwila South Project. Except as set forth in this subsection, the Final Design Plans shall not materially deviate from. the 90% drawings without the written consent of both parties. For the purposes of this Section, the Final Design Plans shall be deemed to "materially deviate" from the 90% drawings if the Final Design Plans include modifications to the 90% drawings that will result in a construction cost increase in the aggregate of more than $250,000. The Southcenter Parkway Project will not include the relocated South 178th Street improvements or the bike lanes as specified on the 90% drawings. 4.3.2 Land Dedication for Southcenter Parkway Project. La Pianta agrees to dedicate, at no cost to the City, the land necessary to construct the Southcenter Parkway as depicted in Exhibit 7. La Pianta waives all credit for this dedication of land against any traffic impact fee assessed for the Project. In addition, La Pianta agrees to waive any claim for just compensation pursuant to RCW 8.12 and any claims under the Washington and Federal Constitutions in connection with the dedication of this right-of-way. La Pianta shall deliver a signed but undated statutory warranty deed (free of all encumbrances and easements unacceptable to the City) for this land and a signed and dated right of way easement encumbering the same property described in the deed, in commercially reasonable form acceptable to the City, to the Escrow no later than 5 days after the effective date of the annexation specified in Section 4.1. Upon receipt, the City shall record the right of way easement and retain the undated deed in Escrow until the City is prepared to vacate Frager Road/Southcenter Parkway as provided in Section 4.10. Simultaneously with the transfer of the properties described in Section 4.10, the City shall cause the deed delivered by La Pianta into Escrow to be dated and recorded. If the deed and the right of way easement are not delivered in the time specified by this Section, this Agreement will terminate. For the purpose of the real estate excise tax, the City acknowledges that the transfer of property pursuant to this section shall be for a "public use in connection with the development of real property" as provided under WAC 458-61A-205. 4.3.3. Planning and Design Work. La Pianta has provided the following planning and design services in connection with the Southcenter Parkway Project: (i) Geotechnical reports and information; (ii) Survey, topographical maps; (iii) As -built survey of utilities; (iv) Legal description of final right-of-way; (v) Plans and designs for wetland and stream mitigation, including plans for land, cost of restoration, permitting, on -going maintenance and monitoring; (vi) 30% design work; and (vii) Plans and designs for temporary stormwater detention and treatment for Southcenter Parkway Project during construction, and permanent 06/10/2009 -7- 20090617000114.010 stormwater detention and water quality facilities for Southcenter Parkway and South 200th Street as more particularly described in Sections 4.3.5 and 5.4. 4.3.4 Highline/PSE/Southcenter Parkway Costs. La Pianta shall obtain power and gas utility service for the Tukwila South Project from Puget Sound Energy ("PSE") and water service from the Highline Water District ("Highline"). La Pianta shall pay for all costs related to the design and construction of Highline Water systems and PSE systems for the Tukwila South Project (not including costs for which PSE and Highline are responsible for undergrounding and relocation of existing systems, as described herein). The City shall cause Highline to relocate its existing water system facilities pursuant to its franchise agreement with the City. The City shall cause PSE to relocate and underground existing power and gas system facilities pursuant to its franchise agreement with the City and applicable tariff. Any costs or fees assessed to the City by those utilities for invoking either of the franchise terms discussed in this Section shall be paid to the City by La Pianta within 30 days of invoice. 4.3.4.1 Highline Water. The City will include the work for the relocation and upgrade of the Highline Water system utilities in its SCP Project bid as a bid additive (the "Highline Work"). The Highline Work will be accounted for and invoiced separately from the SCP Project. The City shall enter into an agreement with Highline pursuant to which Highline shall reimburse the City for the cost of the Highline Work. La Pianta shall enter into a separate agreement with Highline pursuant to which La Pianta shall reimburse Highline for La Pianta's portion of the costs of the Highline Work. Pursuant to Section 4.8.4 of this Agreement, La Pianta shall provide the City with a letter of credit in the amount of 110% of La Pianta's portion of the estimated cost of the Highline Work as security for payment of those associated costs. In the event that Highline fails to reimburse the City, pursuant to the terms of the agreement between the City and Highline, for La Pianta's portion of the cost of the Highline Work, the City may draw upon the letter of credit as provided in Section 4.8.4. In addition, La Pianta shall provide the City with a copy of La Pianta's agreement with Highline and evidence of timely payments to Highline thereunder. 4.3.4.2 PSE. The City will exclude the work for the PSE power and gas utilities from the SCP Project bid. PSE will provide the specifications for such.power and gas utility work to serve the Tukwila South Project (the "PSE Work"), which will be constructed in coordination with the SCP Project. The PSE Work will be conducted by third parties on behalf of PSE. The bid documents and the final construction contract for the SCP Project shall include a "cooperation clause," requiring cooperation and communication between the City (and the City's contractor on the SCP Project), La Pianta LLC and PSE or PSE's designees and contractors undertaking the PSE Work. La Pianta shall indemnify and defend the City against delay claims made by the City's contractor for the SCP Project because of the PSE Work. La Pianta shall pay (i) PSE directly for La Pianta's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 85, and (ii) the City directly for the City's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 74. La Pianta's obligation under this Section 4.3.4.2 shall be secured by an irrevocable standby letter of credit in the amount of 110% of the City's estimated share of the PSE Work, naming the City as beneficiary as provided in Section 06/10/2009 -8- 20090617000114.011 4.8.4. In the event that La Pianta fails to pay the amount due under this Section 4.3.4.2 within thirty (30) days of demand by the City, the City may draw upon the letter of credit as provided in Section 4.8.4. 4.3.5 Southcenter Parkway Storm Drainage. La Pianta shall provide, at no cost to the City, sufficient capacity for all drainage from the Southcenter Parkway Project within the regional storm drainage facilities more particularly described in Section 5.4 to be constructed by La Pianta as part of the permanent stormwater drainage facilities for the Tukwila South Project. La Pianta shall provide easements granting the City the right to discharge stormwater from Southcenter Parkway and South 200th Street to La Pianta's regional stormwater facilities. La Pianta covenants that the regional stormwater facilities will be sized to accommodate stormwater run-off from the Tukwila South Project, including Southcenter Parkway, South 200th Street and all other development proposed as part of the Tukwila South Project. The stormwater system includes a "South Facility" and a "North Facility", both as defined in Section 5.4 below. 4.3.5.1 South Facility. Basements and stormwater facilities for the South Facility may, at the discretion of La Pianta, be temporary, provided however, that except as provided in Section 4.3.5.3 below, La Pianta shall: (i) provide permanent, no -cost easement and stormwater facilities in the South Facility prior to the issuance of the first construction permit for a new building development in the Tukwila South Project; and (ii) ensure that the South Facility will be operational and ready for use prior to the completion of the Southcenter Parkway Project. 4.3.5.2 North Facility. At La Pianta's option, stormwater to be treated in the North Facility may be piped to the South Facility for treatment and discharge on an interim basis. The development of the North Facility shall occur prior to the date on which the capacity of the South Facility is fully utilized. 4.3.5.3 WSDOT/FHWA Approval. Immediately upon execution of this Agreement, the City shall amend its submissions to WSDOT/FHWA to describe the storm drainage plan for the Southcenter Parkway Project that is more particularly set forth in Section 5.4, and shall request approval for such change. La Pianta shall cooperate in good faith to provide all necessary documentation reasonably necessary to secure WSDOT's approval of such stormwater plan for Southcenter Parkway. In the event. that the stormwater plan for Southcenter Parkway described in Section 5.4 is not approved by WSDOT/FHWA, the City shall construct the stormwater ponds described in its original proposal to WSDOT, for treating and detaining stormwater runoff from Southcenter Parkway and South 200th Street. In such case, La Pianta shall, within thirty (30) days of the City's written demand therefore, grant at no cost to the City temporary easements necessary to construct the stormwater ponds needed to accommodate the stormwater run-off from Southcenter Parkway and South 200th Street that was described in the City's original SCP Project proposal to WSDOT. The easement agreements shall provide that at such time La Pianta completes the South Facility and it is available to accommodate the run-off from Southcenter Parkway and South 200th Street, the temporary easements shall terminate and shall be replaced by permanent easements to the South Facility. 06/10/2009 -9- 20090617000114.012 4.3.6 Southcenter Parkway Bidding/Construction. Upon the issuance of the 404 Permit contemplated in Section 4.2, the City shall be responsible for the bidding and construction of Southcenter Parkway ("Southcenter Parkway Project"). The City shall request formal bids from contractors for the construction of the Southcenter Parkway Project as soon as all necessary approvals and permits have been received. This Agreement is premised on the assumption that the project costs for the Southcenter Parkway Project (including the up to $300,000 allocated to completion of the Final Design Plans under Section 4.3.1 above) will not exceed available financing in the amount of $26,800,928 ("Construction Cost Cap"). The total project cost of the Southcenter Parkway Project ("Total Project Cost") shall be the lowest responsible bid received by the City, and shall allow and include up to a 15% construction management allowance and a 15% project contingency allowance. For the purpose of determining whether the Total Project Cost exceeds the Construction Cost Cap, the Total Project Cost shall not include the costs for the Highline Work and PSE Work (which costs shall be paid by La Pianta and the utilities as provided in Section 4.2.4), and shall not include the City's costs for its employees in connection with or related to the management and/or supervision of the construction of the "Southcenter Parkway Project, which costs the City shall bear. The City shall use commercially reasonable efforts to minimize the Total Project Cost of the Southcenter Parkway Project. For purposes of this Agreement, "commercially reasonable efforts" means the actions normally taken to reduce costs for any City project. If the Total Project Cost exceeds the Construction Cost Cap, the City shall have no obligation to construct the Southcenter Parkway Project unless La Pianta gives written notice as provided herein to the City that La Pianta shall pay such difference ("Project Cost Differential"). In such case, the City shall send written notice to La Pianta of the Project Cost Differential, and La Pianta shall, within 15 days of receipt thereof, give the City written notice of whether La Pianta elects to pay the Project Cost Differential. If La Pianta elects to pay the Project Cost Differential, then La Pianta must provide the City cash security for such amount ("Cash Security") also within the 15 days. Provided that La Pianta timely provides the City such notice and Cash Security, the City shall promptly execute a construction contract for the Southcenter Parkway Project. If La Pianta does not timely provide the City with the notice and/or the cash security, the City shall reject all bids and this Agreement shall immediately terminate without further action required by any party. If La Pianta pays the Project Cost Differential, the City agrees to utilize the funds within the Construction Cost Cap prior to utilizing the Cash Security. Should any Cash Security remain after completion of the Southcenter Parkway Project, said remainder shall be refunded to La Pianta within thirty (30) days after final acceptance of the Southcenter Parkway Project. In the event of cost overruns in excess of the Total Project Cost (including Cash Security for the Project Cost Differential), the City shall promptly notify La Pianta, and La Pianta shall provide additional Cash Security equal to or greater than the amount of any overruns within ten (10) days of invoice. Upon completion of the Southcenter Parkway Project, if state or federal auditors identify any charges that fall outside the scope of work, excluding mutually agreeable change orders and agreed to modifications to the scope of work, for the Southcenter Parkway Project, La Pianta shall be entitled to a refund for those sums identified within thirty (30) days after completion of said audit(s). 06/10/2009 -10- 20090617000114.013 4.3.7 Southcenter Parkway Financing. The City shall use $18,530,345.00 in state and federal grant money secured for the cost of design and construction of Southcenter Parkway Project. The City shall also utilize limited tax general obligation debt ("General Obligation Bonds") or other financing mechanisms to finance up to $8,250,000.00 dollars toward the construction of the Southcenter Parkway Project. In the event that any state or federal grant funds are withdrawn from the Southcenter Parkway Project prior to the Outside Approval Date (as defined in Section 4.2), the parties will use best efforts to seek replacement grant funds ("Replacement Funds"). If the parties are unable to secure commitments for such Replacement Funds by December 31, 2010, then this Agreement will immediately terminate, all obligations hereunder will be extinguished, and the Escrow shall be terminated. In the event that any additional state or federal grant funds, debt or credit enhancements, including but not limited to interest rate reductions, tax credits or reimbursements, and which are not Replacement Funds, are provided to the Southcenter Parkway Project, the parties shall equally share the economic benefit of such additional measures. 4.3.8 Closure of Southcenter Parkway and Frager Road. The City shall close the existing Southcenter Parkway and Frager Road from South 180`h Street to South 200th Street during the construction phase of the Southcenter Parkway Project, except for local traffic, and agrees that La Pianta can use the roadway for project purposes, without compensation to the City or the need for issuance of right-of-way permits, provided that La Pianta maintains the roadway during that period of time and La Pianta's use does not unreasonably interfere with use for local traffic. La Pianta shall ensure that local traffic may access their properties from the north access point to Tukwila South. The City acknowledges that a certain portion of Prager Road and the existing stormwater pond near South 200th Street shall be permanently closed and removed upon issuance of a grading permit to La Pianta for the purpose of constructing the "Green River Off - Channel Habitat Area." Provided that WSDOT approval for stormwater plan is granted pursuant to Section 4.3.5.3, the City shall permit La Pianta to use said portions of the right of way and existing detention pond for such purpose prior to conveying ownership of such parcels to La Pianta pursuant to Sections 4.10 and 4.11, provided however, La Pianta shall indemnify and hold the City harmless for any claims or damages because of or arising out of La Pianta's use or. possession of this land, except to the extent caused by the negligence of the City, its employees or agents. Before commencing the construction of the Green River Off Channel Habitat Area, La Pianta shall provide temporary detention of stormwater from South 200th Street in place of the removed stormwater pond until the South Facility is complete and operational. 4.4 Sanitary Sewer System. As outlined in the Tukwila South EIS, additional sewer capacity may be required to serve the Tukwila South Project, as the Project develops. Sewer Lift Station #2 may need to be upgraded to create sufficient pumping capacity; and the force sewer main along Andover Park West from Minkler Ave to Strander Blvd (the "Force Sewer Main") may need to be upgraded to provide sufficient capacity to carry the additional flows generated by the Tukwila South Project. If at any time during the Term of this Agreement, a capacity analysis of the system shows that any of the Sewer Lift Station #2, the Force Sewer Main, or any other facility within the City's sanitary sewer system necessary to provide service to the Tukwila 06/10/2009 -11- 20090617000114.014 South Property (each a "Facility") is at 80% or more of its capacity, then the City shall promptly initiate its standard process of planning, financing and construction for improvement to the Facility (or more than one) necessary to provide adequate sanitary sewer service to accommodate the Allowable Development. The City will finance the construction of the Facility through bonds or any other source of City capital funding and/or through connection fees, sewer rates or other charges to be paid by all the benefited ratepayers. If the City elects to form a Utility Local Improvement District ("ULID") or other special district to pay for the Facility, La Pianta shall execute a No Protest ULID Agreement for the formation of an ULID to provide improvements to the sanitary sewer system as outlined herein. The No Protest agreement shall be in a form . acceptable to the City. La Pianta shall be responsible for paying citywide sewer system connection charges and fees at the time of each building permit application, subject to the terms of any applicable No Protest Agreement as described herein and La Pianta's participation in any ULID or special district assessment. Construction of the initial Southcenter Parkway sewer line serving the Tukwila South Property will be included in the cost of the Southcenter Parkway Project, and therefore a portion of the cost of the sewer improvements will be funded by sources other than the City. La Pianta or Parcel Builders (hereinafter defined) shall pay sewer connection charges based on the total project cost. Each sewer connection charge paid by La Pianta or a Parcel Builder for the initial Southcenter Parkway sewer line shall be credited to La Pianta as O&M Revenue pursuant to Section 4.8.3. 4.5 Parks and Open Space. 4.5.1 Bike/Pedestrian Trail. Within thirty (30) days of the effective date of the annexation, La Pianta shall donate to the City an easement for a north -south trail system through the Tukwila South Property from S. 180th Street to S. 204th Street, provided however, that the City shall not permit the public to use the easement area until the later of: (i) three (3) years after the conveyance of the easement, or (ii) completion of initial site grading and the Green River Off Channel Habitat Area, but not later than four (4) years after the conveyance of the easement. The width of the easement shall be at a minimuml4 feet or such greater width as may be required under the City's Shoreline Master Program. The easement shall be delivered into the Escrow. The bike/pedestrian trail shall be located along the Green River within the crown of the levee. When the new levee is constructed, as contemplated by this Agreement, the easements will be revised to follow the crown of the new levee configuration. La Pianta waives any credit for this donation against any future park impact fee assessed against the Project and waives all claims for just compensation pursuant to RCW 8.12 and State and Federal Constitutions. La Pianta shall not be responsible for costs of construction or maintenance of any improvements within the trail easement. La Pianta will develop and submit to the City for approval a plan for trails and bike/pedestrian connections within the Tukwila South Property. The Plan will identify the general goals and objectives of a system of pedestrian connections for the Tukwila South Property and will identify possible locations for eight (8) 14 foot wide pedestrian corridors and connections from the bike/pedestrian trail described above through the Tukwila South Property, 06/10/2009 -12- 20090617000114.015 in locations approved by La Pianta, to off -site pedestrian trails and City rights -of -way. The eight locations will include the City's existing trail connection points at South 180th Street, South 200th Street and South 204th Street. La Pianta will complete this plan and submit it for approval to the Parks and Recreation Director by December 31, 2011. 4.5.2 Green River Pedestrian Bridge. La Pianta shall be responsible for $500,000.00 toward the cost of construction of a pedestrian bridge across the Green River to the Green River Trail and Briscoe Park (the `Bridge"). Any additional cost for this bridge project and all permitting obligations shall be the responsibility of the City. Within thirty (30) days of the date the City notifies La Pianta that the City will make application for a grant or grants for any portion of the cost of construction of the Bridge, La Pianta shall provide to the City a letter of credit in the amount of $500,000 pursuant to Section 4.8.4.3 of this Agreement. The letter of credit shall have a term of one (1) year (or less than one year in the initial year, as set forth in Section 4.8.4.4) and shall be renewed until the $500,000 payment is made to the City. In the event that La Pianta fails to pay $500,000 to the City within thirty (30) days of the date the City notifies La Pianta that any grant(s) have been awarded to the City, which grants, together with other funds available to the City, will underwrite the full cost of construction of the Bridge, the City may draw upon the letter of credit as provided in Section 4.8.4. The City will use best efforts to obtain full funding to provide the additional funding necessary to complete construction of the Bridge project. If the City is unable to obtain grant funding for construction of the Bridge within five (5) years of the date of this Agreement, then La Pianta shall pay $500,000 in cash to the City within thirty (30) days after such date, or the City may thereafter draw upon the letter of credit as provided in Section 4.8.4. If the City is unable to secure adequate funding for the Bridge, the City may utilize the $500,000.00 for general park facilities within the Tukwila South area. La Pianta waives credit for this donation against any future park impact fee assessed for the Tukwila South Project and waives any claim for just compensation pursuant to RCW 8.12 and the State and Federal Constitutions. The City and La Pianta acknowledge that construction of the Bridge will occur after December 31, 2012 when significant development has occurred within the Tukwila South Project. Prior to commencement of construction of the Bridge project, La Pianta shall grant to the City an easement in commercially reasonable form on a portion of the Tukwila South Property for the purpose of installing and maintaining bridge supports and touchdowns (the "Bridge Easement"). The area of the Bridge Easement shall not exceed 3,000 square feet and shall be located subject to mutual agreement of the parties, provided such location shall be within the river buffer of' the City's Shoreline Master Program. If the City has obtained funding and is commencing construction of the bridge, La Pianta shall grant the Bridge Easement within thirty (30) days of the City's request. 4.5.3 Donation of Levee Easements. La Pianta will grant permanent easements, at no cost to the City, on property under its ownership, to the City of Tukwila for improvements to the City's levee system on the west side of the Green River. The easements will be sized to accommodate (i) an overall slope gradient of 2.5:1 on the river side of the levee from S. 196th Street to S. 204th Street; (ii) a slope gradient of 2:1 on the landward side of the levee from S. 196th Street to S. 204th Street and on both sides of the levee from S. 180th Street to S. 196th Street and (iii) a 14-foot-wide . levee crown. In each case, the easement area to be granted will 06/10/2009 -13- 20090617000114.016 commence at the waterside toe of the existing levee. If levee improvements are made before redevelopment in the existing Segale Business Park, the levee improvements shall not unreasonably interfere with La Pianta's use of the existing Segale Business Park. "Unreasonably interferes" shall be deemed to include, without limitation, any restriction on the use of the existing buildings or the paved areas around them. If it is determined that additional easement area is needed, the City will negotiate with La Pianta or take necessary legal action to acquire the additional easement. The easements referenced in this section shall be delivered to the Escrow within thirty (30) days of the effective date of the annexation. 4.6 Fire Service. 4.6.1 Voluntary Fire Impact Fee. Pursuant to RCW 82.02.020, La Pianta agrees to voluntarily pay a fire service mitigation fee of $0.50 per square foot for commercial/industrial development and $500.00 per dwelling unit for residential development. If the City adopts a fire impact fee pursuant to RCW 82.02 or other enabling legislation, those impact fees will apply to the Tukwila South Project, replacing the fee set forth above, and will be assessed at the time of building permit issuance. In either case, La Pianta will not be assessed an impact fee for new development which replaces existing building square footage, currently served by Tukwila Fire, if redeveloped. 4.6.2 Donation of Land for Fire Station. La Pianta shall donate to the City up to three (3) acres of undeveloped land along Southcenter Parkway south of South 180th Street for future use as a fire station. The location of the specific property must be mutually acceptable and the property shall meet the following criteria of the City: (1) Able to accommodate a 25,000 gsf building, parking and outdoor storage (more specific detail will be provided by the City's architect no later than 180 days after execution of this Agreement); (2) level topography; (3) rectilinear site; (4) clear title (i.e., subject to liens and encumbrances approved by the City, created under this Agreement, or which are not inconsistent with the City's intended use); (5) soils capable of bearing the load of the proposed fire station without shoring, bracing, piling, or other extraordinary construction methods, and containing no hazardous substances; (6) direct access onto an arterial street; (7) located in the vicinity of S. 180th Street, but outside the shoreline environment. La Pianta shall transfer such property to the City in its as -is, where -is condition, without warranties other than good title. No credit will be given against any fire impact fee for this land donation. The parcel will be identified and agreed upon, and the deed therefore shall be delivered to the Escrow, prior to the City Council's adoption of the ordinance vacating existing Frager Road, as provided in Section 4.11 below. La Pianta will be responsible for all closing and escrow costs associated with this land donation. La Pianta waives any credit for this land donation against any fire impact fee assessed under the Tukwila Municipal Code. For the purpose of the real estate excise tax, the City acknowledges that the transfer of property pursuant to this section shall be for a "public use in connection with the development of real property" as provided under WAC 458-61A-205. The City agrees to cooperate with La Pianta to implement modifications to the boundaries of the fire station parcel (prior to commencement of construction of the fire station) to promote logical development of adjacent lands by La Pianta, as long as such modifications are consistent with the parameters set forth above. 06/10/2009 -14- 20090617000114.017 4.7 Impact Fees. Nothing in this Agreement shall preclude the City from assessing duly enacted impact fees to this Project at the time of building permit issuance. 4.8 City Revenues and Costs; La Pianta Financial Guarantees. 4.8.1 Operations and Maintenance Services. Pursuant to the protocols set forth in Section 4.8.3, the City will track the following revenue generated from the Tukwila South Property (including all use and development thereon): sales tax, real estate excise taxes, utility taxes, franchise fees, business license revenues, commercial parking taxes, hotel/motel tax, admission tax, where those taxes and/or fees are paid by the owners of property or businesses developed as part of the Tukwila South Project (collectively, the "O&M Revenue"); provided, however, that if the Washington State Department of Revenue begins to report liquor excise taxes, motor vehicle excise taxes and/or fire insurance premium taxes in such a way that they can be identified as having been generated from the Tukwila South Property, then each of those taxes that is so reported shall be included in O&M Revenue. The O&M Revenue will not include any property tax revenue from the Tukwila South Property, or any revenue from any business or land use existing or in operation on any portion of the Tukwila South Property as of the date of this Agreement. The City will also track expenditures related to providing operations and maintenance public services to new development within the Project and pre -construction expenses related to the Project, including without limitation, the provision of police, fire, public works and parks services allocable to new development at Tukwila South, the pro-rata capital costs for such services (not covered by impact fees), and the pro-rata operations and maintenance expenses related to the Southcenter Parkway Project once completed (collectively, the "O&M Expenses"). The City covenants to use commercially reasonable efforts to minimize the O&M Expenses during the Term of this Agreement (Le., the same efforts the City uses to minimize its O&M Expenses city-wide). On or before March 31, 2010 and each March 31 thereafter, the City shall provide to La Pianta an Annual Statement (hereinafter defined). If for any year the Annual Statement shows that O&M Expenses have exceeded O&M Revenue, La Pianta shall pay the difference to the City within thirty (30) days of receipt of the Annual Statement ("O&M Guarantee"). If for any year the Annual Statement shows that O&M Revenue has exceeded O&M Expenses, the City is not prohibited from using the excess funds for general City purposes. If La Pianta requests an audit of an Annual Statement pursuant to Section 4.8.3, it shall nonetheless pay to the City any amount shown to be due by the Annual Statement within thirty (30) days of receipt of the Annual Statement, and if the audit shows an error in the Annual Statement then. the City shall refund to La Pianta any sums it has paid that were not due pursuant to this Section 4.8.1, or La Pianta shall make any additional payment due, in either case within thirty (30) days of the Accountant's decision. La Pianta's total obligation under this section 4.8.1 shall be limited to $12,000,000. 06/10/2009 -15- 20090617000114.018 4.8.2 General Obligation Bonds and Increased Property Tax Revenues. Pursuant to the protocols set forth in Section 4.8.3, the City shall track the Increased Property Tax Revenues from the Tukwila South Property. For the purposes of this section, "Increased Property Tax Revenues" shall mean the property tax revenue attributable to that property annexed to the City of Tukwila pursuant to this Agreement. If any Annual Statement shows that the Increased Property Tax Revenue in that year is less than the annual debt service for the General Obligation Bonds in that year ("Debt Service Shortfall"), then La Pianta shall pay to the City within thirty (30) days of receipt of the Annual Statement a sum equal to the Debt Service Shortfall. However, notwithstanding the foregoing, (a) the City shall be responsible for debt service on the first $6,000,000 of bonds, and (b) La Pianta's yearly obligation under this Section 4.8.2 shall not in any year exceed a sum equal to the difference between the total annual debt service on the General Obligation Bonds in that year minus the debt service on $6,000,000 of those bonds in that year. If, for any year, the Annual Statement shows that Increased Property Tax Revenue has exceeded the City's annual debt service for the General Obligation Bonds in that year, the City is not prohibited from using the excess funds for general City purposes. For example, if the City issues General Obligation Bonds totaling $7,000,000, the City will be responsible for the first six -sevenths of the debt service ($6,000,000 divided by $7,000,000) in each year, whether or not the Increased Property Tax Revenues are sufficient to fully provide for that portion of the debt service. If there is no Debt Service Shortfall in a given year, the City will be responsible for all of the debt service in that year. If, in this example, however, there is a Debt Service Shortfall in a year, then for that year La Pianta will be responsible for the Debt Service Shortfall up to one -seventh of the debt service on those General Obligation Bonds and must make a shortfall payment to the City in that amount. In no event will the City issue more than $8.25 million of General Obligation Bonds. If La Pianta requests an audit of an Annual Statement pursuant to Section 4.8.3, it shall nonetheless pay to the City any amount shown to be due by the Annual Statement within thirty (30) days of receipt of the Annual Statement, and if the audit shows an error in the Annual Statement then the City shall refund to La Pianta any sums it has paid that were not due pursuant to this Section 4.8.2, or La Pianta shall make any additional payment due, in either case within thirty (30) days of the Accountant's decision. 4.8.3 Project Revenue/City Expenditures -- Protocols. Within thirty (30) days of execution of this Agreement, the parties will meet and confer regarding the development of accounting protocols for tracking Project revenue and City expenditures related to the Tukwila South Project, as required under this Section 4.8. Within thirty (30) days of said meeting, the parties shall retain the services of a mutually agreeable certified public accountant with expertise in municipal accounting (the "Accountant"). With the assistance of the parties, the Accountant will develop protocols for tracking revenue and expenditures consistent with the terms of this Section 4.8. The protocols will be developed and will be reduced to writing in the form of a memorandum of understanding signed by both parties within one hundred eighty (180) days of 06/10/2009 -16- the retention of the Accountant. Each party will share equally the cost for the Accountant's services outlined in this section. In the event that the parties do not execute the memorandum of understanding documenting the accounting protocols within one hundred eighty (180) days of the retention of the Accountant, this Agreement shall terminate. On or before March 31, 2010 and each March 31 thereafter, the City shall prepare a statement ("Annual Statement") showing the O&M Revenue, O&M Expenses, O&M Guarantee, the Increased Property Tax Revenues, the annual debt service for the General Obligation Bonds, any Debt Service Shortfall, and the portion of any Debt Service Shortfall which La Pianta has guaranteed under the terms of this Agreement, consistent with the protocols set forth in the memorandum of understanding. If La Pianta questions the City's determination of any of the items set forth in the Annual Statement for the prior calendar year, La Pianta may request an audit of the disputed matter from the Accountant who developed the protocols, or his or her designee. Within thirty (30) days of La Pianta's request, the Accountant shall review the Annual Statement and La Pianta's dispute therewith, and render a decision based on generally accepted governmental accounting practices, the protocols, and the terms of this Agreement. The Accountant's decision shall be final and binding on the parties, excepting manifest error by the Accountant. The parties agree to cooperate in good faith with the Accountant concerning any requests for information or documentation to resolve the issue. If there is a variance of 10% or more between the Accountant's decision and the City's determination of revenue or expenditures, the City shall pay the cost of the audit. If the variance is less than 10%, La Pianta shall pay the cost of the audit. 4.8.4 Security for La Pianta's Financial Guarantees. 4.8.4.1 O&M Guarantee. 4.8.4.1.1 O&M Collateral. La Pianta's obligation under Section 4.8.1 (not to exceed $12,000,000) shall be secured during the Term of this Agreement by collateral comprised of: (i) an irrevocable standby letter of credit naming the City as beneficiary ("O&M LC"), and (ii) a first -lien deed of trust on Building No. 931 located in Segale Business Park, which is currently occupied by Qwest Communications Corporation ("O&M Deed of Trust"). If La Pianta fails to pay timely any amount due under Section 4.8.1, the City may draw upon the O&M LC and/or foreclose on the O&M Deed of Trust as provided in this Section 4.8.4. 4.8.4.1.2 O&M LC. (a) The O&M LC shall be in the form, and meet the requirements, set forth in Section 4.8.4.4 below. The O&M LC shall be in the sum of $6,000,000 and shall be delivered to the Escrow Agent following Boundary Review Board action on the annexation described in Section 4.1 but no later than 10 days before the date on which the City Council is scheduled to take final action on the annexation at a public meeting. To the extent La Pianta makes any payments to the City under the O&M Guarantee, then the amount of 06/10/2009 -17- 20090617000114.020 the letter of credit shall be reduced by 50% of the total of such payments, and the credits set forth in Section 4.4, except that the amount of the O&M LC shall not be less than $2,000,000 at any time during the Term. The amount of the O&M LC shall be determined annually pursuant to the foregoing upon renewal. If a longer term O&M LC is provided, the amount shall be recalculated annually on the anniversary of the initial issuance date and may be adjusted at that time. If La Pianta is not required to make any payments to the City under the O&M Guarantee, then at any time, and from time to time, during the last five (5) years of the Term, the parties may agree to a reasonable reduction in the amount of the O&M LC, taking into consideration the remaining Term of this Agreement, the historical receipt of O&M Revenue by the City, the likely obligation of La Pianta pursuant to the O&M Guarantee, the security provided under the O&M Deed of Trust, and all other relevant factors. (b) Failure of La Pianta to provide and maintain the O&M LC at the time and in the amount required by this Section 4.8.4.1, where such failure continues after written notice from the City specifying the nature of the default and 20 days' opportunity to cure, shall entitle the City to accelerate that portion of the O&M Guarantee obligation represented by the amount of the O&M LC, draw on the O&M LC, and deposit the amount drawn ("O&M Deposit") into an escrow account with the Escrow Agent described in Section 4.8.4.6 (the "Escrow Agent"), except that in the case of a failure to provide a replacement of the O&M LC no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the O&M LC. The City may subsequently draw upon the O&M Deposit if La Pianta shall default on its obligations under the O&M Guarantee. If the City shall draw on the O&M Deposit at any time during the Term of this Agreement, La Pianta shall, within 30 days of notice by the City, restore the O&M Deposit to the amount required at the time the O&M Deposit was established. Upon expiration of the Term, any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide the O&M LC, and the City's remedy for failure to provide the O&M LC, shall not be subject to the Dispute Resolution Process set forth in Section 7 of this Agreement. 4.8.4.1.3 O&M Deed of Trust. (a) The remaining $6,000,000 of La Pianta's total potential liability under the O&M Guarantee shall be secured by the O&M Deed of Trust. The O&M Deed of Trust shall be in the form attached to this Agreement as Exhibit 8 and shall be delivered to the City at the same time that the O&M LC is delivered to the Escrow Agent. La Pianta shall have the right, to substitute as security from time to time one or more deeds of trust in the same or similar form on other real estate acceptable to the City in the exercise of reasonable discretion, so long as the unencumbered value of the substituted collateral is equal to or greater than $9,000,000 as shown by a current appraisal performed by a neutral appraiser having no less than 10 years' experience appraising commercial property in the area in which the real estate is located, with appraisal cost shared equally between the parties. Any permitted substitute deed of trust given under this Section 4.8 shall be delivered to the City in an escrow arrangement (the cost of which shall be paid by La Pianta) that provides for delivery and recording of the substitute deed of trust simultaneously with release of the original deed of trust. 06/10/2009 -18- 20090617000114.021 Substituted collateral must be located in the State of Washington, shall have an appraised value of nine million dollars ($9,000,000) or more, shall be income producing, shall be improved by structures of a quality that is the same as or similar to the improvements existing on the land encumbered by the initial deed of trust, and shall be of a character suitable as collateral for a substantial commercial loan from a recognized commercial real estate lender. The City shall not have the right to unreasonably reject proposed substitute collateral, and the characteristics listed in the previous sentence will be relevant in determining reasonableness of a City rejection. (b) In the event of a default that entitles the City to foreclose on the O&M Deed of Trust, then the O&M Deed of Trust shall provide that there shall be no default entitling the City to foreclose the O&M Deed of Trust until (1) La Pianta shall have failed after notice and 20 days to cure to pay the sum(s) required under the terms of this Agreement, (2) the City has drawn on the letter of credit (or cash deposit) securing the obligation in default to the maximum amount of the letter of credit (or cash deposit) and has applied the sum(s) so drawn to the obligation in default, and (3) there remains outstanding an additional sum due under the terms of this Agreement for which the deed of trust has been granted as security. 4.8.4.2 Southcenter Parkway Project General Obligation Bonds Guarantee. La Pianta's obligation pursuant to Section 4.8.2 of this Agreement to guarantee a portion of the General Obligation Bonds (the "Bond Guarantee") shall be secured during the Term of this Agreement by a separate irrevocable standby letter of credit naming the City as beneficiary ("SCPW LC"). The amount of the SCPW LC shall be determined annually as of January 1 of each calendar year during the Term of this Agreement, and shall initially be in the amount of $185,000, and, upon issuance of the General Obligation Bonds, shall be adjusted to an amount equal to twice the average annual debt service on the Bonds for that portion of the General Obligation Bonds that exceeds $6,000,000. The SCPW LC shall be delivered to the Escrow Agent before the date on which the City awards the contract for construction of the Southcenter Parkway Project. If La Pianta fails to pay timely any amount due under Section 4.8.2, the City may draw upon the letter of credit as provided in this Section 4.8.4. Failure of La Pianta to provide and maintain the SCPW LC at the time and in the amount required by this Section 4.8.4.2, where such failure continues after written notice from the City specifying the nature of the default and 20 days' opportunity to cure, shall entitle the City to accelerate that portion of the Bond Guarantee that is represented by the amount of the SCPW LC, draw on the SCPW LC, and deposit the amount drawn ("SCPW Deposit") into an escrow account with the Escrow Agent, except that in the case of a failure to provide a replacement of the SCPW LC no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the SCPW LC. The City may subsequently. draw upon the SCPW Deposit if La Pianta shall default on its obligation under the Bond Guarantee. If the City shall draw on the SCPW Deposit at any time during the Term of this Agreement, La Pianta shall, within 30 days of notice by the City, restore the SCPW Deposit to the amount required at the time the SCPW Deposit was established. Upon expiration of the Term, any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide the SCPW LC, and the City's 06/10/2009 -19- 20090617000114.022 remedy for failure to provide the SCPW LC, shall not be subject to the Dispute Resolution Process set forth in Section 7 of this Agreement. 4.8.4.3 Other Secured Obligations. For each of the remaining obligations of La Pianta under this Agreement for which security is required specifically, (i) the letter of credit required pursuant to Section 4.3.4.1 in the amount of 110% of La Pianta's portion of the Highline Work (the "Highline Work LC"), (ii) the letter of credit required pursuant to Section 4.3.4.2 in the amount of 110% of the City's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 74 (the "PSE Work LC"), and (iii) the letter of credit required pursuant to Section 4.5.2 in the amount of $500,000 (the "Bridge LC"), La Pianta shall provide to the City an irrevocable standby letter of credit naming the City as beneficiary. The Highline Work LC and the PSE Work LC shall, be delivered to the Escrow Agent at the same time that the SCPW LC is .delivered, which shall be prior to the award of the construction contract for the Southcenter Parkway Project. The Bridge LC shall be delivered to the Escrow Agent no later than thirty (30) days after the date the City notifies La Pianta that the City will make application for a grant or grants. for any cost of constructing a pedestrian bridge across the Green River to connect Tukwila South to Briscoe Park. Only upon La Pianta paying the amount due in fulfillment of an obligation secured by one of the foregoing letters of credit, the City shall release the letter of credit for that obligation, and La Pianta's obligation to provide that letter of credit shall terminate. Failure of La Pianta to provide and maintain any letter of credit at the time and in the amount required by this Section 4.8.4.3, where such failure continues after written notice from the City specifying the nature of the default and 30 days' opportunity to cure, shall constitute a default with respect to the obligation secured by that letter of credit ("Secured Obligation in Default"), except that in the case of a failure to provide a replacement letter of credit no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the letter of credit for which no replacement has been delivered. The default shall entitle the City to draw on the letter of credit securing the Secured Obligation in Default, and deposit the amount drawn into an escrow account with the Escrow Agent. The City may subsequently draw upon that deposit if La Pianta shall default in the obligation so secured. Upon expiration. of the Term or fulfillment of the obligation so secured (whichever shall first occur), any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide any letter of credit under this Section 4.8.4.3, and the City's remedy for failure to provide a letter of credit under this Section 4.8.4.3, shall not be subject to the Dispute Resolution Process set forth in Section 7 of this Agreement. 4.8.4.4 General Terms and Conditions for the Letters of Credit. Each letter of credit provided under this Section 4.8.4 (including the O&M LC, the SCPW LC and each letter of credit provided pursuant. to Section 4.8.4.3) shall be in form substantially similar to Exhibit 9. Each letter of credit shall be issued by Bank of America or, at La Pianta's option, another financial institution having a branch in the State of Washington that 06/10/2009 _20_ 20090617000114.023 is reasonably acceptable to the City; provided, however, that the City shall not withhold its consent to any institution having a long term debt rating of at least A from Standard and Poor's Corporation, or at least Aa3 from Moody's Investors Service. Each letter of credit shall have at least a one-year term (except that any initial letter of credit may have a shorter term so that when all letters of credit have been issued they will expire simultaneously), and La Pianta shall provide the City with a replacement letter of credit 15 days prior to the expiration of the respective letter of credit, or within 90 days after the downgrade of an existing letter of credit below the long term debt rating set forth above. Each letter of credit shall provide that it will be honored by presentation or at sight at an office of the issuer upon presentation of a certificate signed by the City stating that (i) La Pianta has defaulted on an obligation under this Agreement that is secured by the letter of credit and (ii) the City is entitled to draw on the letter of credit. If any letter of credit is drawn by the City because of La Pianta's failure to provided a replacement letter of credit 15 days prior to the expiration of the existing letter of credit, or within 90 days after the downgrade of an existing letter of credit below the long term debt rating set forth above (each draw resulting in a "Deposit" pursuant to the terms of this Section 4.8), then within five (5) after delivery to the Escrow Agent of a replacement letter of credit that complies with the requirements of this Section 4.8, the resulting Deposit shall be refunded to La Pianta except to the extent (if any) that the City shall have drawn upon the Deposit pursuant to the terms of this Agreement. 4.8.4.5 Specific Remedy under Section 4.8.4. The City shall have the right to specific performance of La Pianta's obligations under this Section 4.8.4. 4.8.4.6 Escrow and Escrow Agent. An escrow shall be established as set forth herein (the "Escrow"). The Escrow Agent initially shall be The Bank of New York Mellon Trust, N.A. The Escrow Agent shall hold funds as provided in Section 4.8.4.1.2 and in this Section 4.8.4.6, and various deeds and easements as provided in this Agreement, pursuant to a written escrow agreement among the Escrow Agent, La Pianta and the City to be agreed by the parties within one hundred twenty (120) days after full execution of this Agreement. The Escrow Agent selected by the parties may be replaced by another financial institution with trust powers that has a branch in Seattle, Washington, selected by the City and approved by La Pianta (which approval shall not be unreasonably withheld). The Escrow Agent shall hold each of the letters of credit on behalf of the City and shall receive deposits of amounts and deliveries of documents as set forth in this Agreement. Upon the direction of the City, the Escrow Agent shall present and make draws on the letters of credit described in Section 4.8.4.1.1, Section 4.8.4.2 and Section 4.8.4.3. The Escrow Agreement shall also provide that the Escrow Agent shall, with or without direction from the City, draw the full amount of any letter of credit that is not replaced or extended on or before the date that is 15 days prior to the expiry date of that letter of credit. Upon any such withdrawal, the Escrow Agent will hold the amount drawn as an O&M Deposit, an SCPW Deposit or a deposit made pursuant to Section 4.8.4.3 and apply such amounts on deposit consistent with this Agreement. If this Agreement is not terminated following the Outside 06/10/2009 -21- 20090617000114.024 Approval Date (as defined in Section 4.2 above), the Escrow Agent shall . deliver all deeds and easements in the Escrow to the City for recording, with the exception of the deed to the fire station parcel pursuant to Section 4.6.2, which shall be delivered to the City at its request following adoption of the ordinance vacating existing Frager Road. The parties shall share equally the cost of the Escrow Agent for services performed pursuant to this Agreement. 4.9 Grading Permit Review. The City will complete review and issue a determination regarding La Pianta's Clearing and Grading permit application for the Tukwila South Project within 30 days of determining that such application is complete for areas outside of the shoreline jurisdiction. For areas within the shoreline jurisdiction, La Pianta shall submit a Shoreline Substantial Development Permit along with the Clearing and Grading Permit. The City will promptly review the Shoreline Substantial Development Permit, and forward its decision to the Department of Ecology for review. The City will complete review of the Clearing and Grading permit application within thirty (30) days and issue a decision after the expiration of the Department of Ecology's review period for the Shoreline Substantial Development permit. La Pianta shall segregate the Clearing and Grading permit application into separate applications for those portions of the Tukwila South Project inside and outside the 200-foot shoreline environment, respectively, and the City shall review and issue such separate permits independently. These grading permit applications shall not operate to vest La Pianta to the SMP or any Floodplain Regulations. 4.10 South 178th Street Project. _ The Administration of the City shall recommend to the City Council that the realignment of South 1781h Street, as depicted in the 90% construction drawings, be added to the City's Capital Improvement Plan. 4.11 Vacation of Frager Road/Southcenter Parkway and the City Triangular Parcel. Pursuant to RCW 35.79.010, the City has by resolution initiated a vacation of (i) that portion of Frager Road/Southcenter Parkway described in Exhibit 7, attached hereto, and (ii) the "City Triangular Parcel," which is more particularly described in Exhibit 6 of this Agreement. The City agrees that there will be no remaining public use or benefit to that portion of Frager Road/Southcenter Parkway described in Exhibit 7 and the City Triangular Parcel, following dedication of the Southcenter Parkway right-of-way as set forth in Section 4.3.2 above. Therefore, the City shall, simultaneous with La Pianta's dedication of the Southcenter Parkway right-of-way set forth in Section 4.3.2 above, vacate Prager Road/Southcenter Parkway and the City Triangular Parcel at no cost to La Pianta and the other adjoining landowners, as applicable. The conveyance of the property to La Pianta pursuant to the vacation will occur within thirty (30) days after the completion of the Southcenter Parkway Project. 4.12 Transfer of the City Detention Pond. The City hereby determines that there is no remaining public use or benefit to the following property and shall transfer to La Pianta, free and clear of all encumbrances and for no additional consideration, in its as -is, where -is condition, the "City Detention Pond," which is more particularly described in Exhibit 6 of this Agreement. Subject to the terms set forth in Section 4.2.5, the City shall convey the City Detention Pond within thirty (30) days of the completion of the annexation. The City shall undertake all 06/10/2009 -22- 20090617000114.025 necessary actions required to declare said parcel surplus, and convey the parcel to La Pianta in the manner required by law. 5. Development Under This Agreement. The Tukwila South Project will be developed under the jurisdiction of the City pursuant to the terms and conditions of this Agreement. This Agreement sets forth the development standards, mitigation measures, and other conditions of development for the Project. Proper operation and maintenance of surface water management systems, adequate sewer service capacity, adequate public safety facilities and services, and adequate transportation facilities will be fully satisfied through La Pianta's compliance with the requirements of this Agreement. Provided La Pianta satisfies its obligations under this Agreement as such obligations may arise, the City shall provide on a timely basis the necessary City public infrastructure specified in this Agreement needed to support build -out of the Project, subject to the condition of securing the necessary funds to construct such improvements and City Council approval for such improvements. 5.1 Native Growth Protection Areas (NGPA). No development shall be permitted to occur in a Native Growth Protection Area except trails, the Orillia Road Connector and utilities, including, but not limited to, electrical transmission lines, placement of which must be approved by the City; water and sewer system lines; access roads for levy maintenance. Clearing Iimitations within NGPA areas shall be those identified in the existing Tukwila Municipal Code, subject to the provisions of this Section 5.1. Clearing and ground disturbing activities associated with mitigation activities are permitted, with City permits. Once the Sensitive Areas Master Plan is implemented and mitigation areas are enhanced, restored, or created, NGPAs shall be left permanently in an undisturbed vegetated state and shall not be cleared or improved except as necessary to (1) prune or remove dead or diseased trees, and vegetation reasonably adjacent to developed areas of the Tukwila South Property, (2) remove invasive or exotic vegetation, (3) prune or remove trees or other vegetation presenting a threat to life or safety or growing over roadways, levees, drainage ditches, trails, or other corridors that must be kept clear, or (4) maintain mitigation areas; or (5) permit the work expressly described in this Section 5.1. For the purposes of this Agreement, the NGPAs on the Tukwila South Property are identified in Exhibit 3 attached hereto. 5.2 Vesting of Development Regulations. The proposed development as described in this Agreement shall vest to the following development regulations in effect on the date of execution of this Agreement (the "Development Regulations") for the Term of this Agreement: The Tukwila Comprehensive Plan (Ord No. 2070 adopted November 22, 2004, as amended by Ordinance 2218 adopted December 15, 2008); the Tukwila Zoning Ordinance . (Title 18, TMC); the Tukwila Subdivision Ordinance (Title 17, TMC); Shoreline Master Program designations and pre -designations, transportation concurrency regulations; stormwater, surface water treatment and quality, and surface water retention and detention design standards and ordinances (including the requirement of the NPDES permit effective February 2007); SEPA regulations and substantive SEPA policies. 06/10/2009 -23- 20090617000114.026 Development of the Property shall not be subject, during the Term of this Agreement, to any amendments to, or replacements of, the Development Regulations listed above. These are rights vested under state law for purposes of RCW 36.70A.300 (3)(a). In accordance with Section 3.5 above,. La Pianta will comply with the provisions of the SMP and the Floodplain Regulations in effect on the date of each complete development permit application. 5.2.1 Police Power/Pre-emption. Nothing herein relieves La Pianta of any obligations it may have during the Term to comply with state or federal laws or regulations of any kind, including but not limited to those related to storm, surface water and floodplain management. The proposed development .shall not be vested against the application of development standards that are imposed by virtue of state or federal pre-emption of the City's regulatory authority. As provided by RCW 36.70B.170(4), the proposed development shall not vest against new development regulations to the extent the new regulations are required by a serious threat to public health and safety. 5.2.2 International Codes. The International Building Code, International Fire Code, and other construction codes in effect in the State of Washington as of the date of the filing of a complete application for a building permit shall apply to all new development and the redevelopment or modification of existing development. 5.2.3 Scope of Vesting. The vesting described herein shall apply for fifteen (15) years from the effective date of the annexation provided in Section 4.1 (the "Term" of the Agreement). For those development standards not specifically enumerated in this section or in Section 5.2.1, the Land Use Process approvals shall be governed by the City codes and standards in effect upon the date of complete application. 5.2.4 FEMA. La Pianta is obligated to comply with applicable FEMA National Flood Insurance Program regulations that are in effect at the date of any building, grading or clearing permit application. 5.2.5 Optional Regulations. During the Term of this Agreement, La Pianta may at its option develop the Property or portions thereof in accordance with new code provisions or generally applicable standards for that subject adopted after the date of execution of this Agreement, without the obligation to bring other portions of the Property into conformancewith newly -adopted codes or regulations. 5.3 Transportation. 5.3.1 Concurrency Approval. Pursuant to TMC 9.48 and TMC 21.04, the City has determined that the Tukwila South Project, up to the Trip Ceiling (hereinafter defined), meets the City's standards for transportation concurrency approval and mitigates significant adverse impacts to the City's transportation system; provided that the Tukwila South Project must be developed in compliance with the terms of this Agreement, including compliance with requirements that La Pianta pay transportation impact fees applicable at the time of building permit issuance. 06/10/2009 -24- 20090617000114.027 5.3.2 Trip Ceiling for Tukwila South Project. New development within the Tukwila South Project under this Agreement is limited to new development generating net new p.m. peak hour vehicle trips (inbound and outbound) ("Net New Trips") not exceeding the Trip Ceiling. New development within the project exceeding the Trip Ceiling shall be subject to mitigation and concurrency requirements applicable at the time of application. The number of Net New Trips for the Project for which full mitigation and concurrency approval is established under this Agreement (the "Trip Ceiling") shall be 10,166 Net New Trips from new development, comprising not more than 2,646 Net New Trips inbound to the Project and not more than 7,520 Net New Trips outbound from the Project. The methodology for determining Net New Trips for any phase of the Tukwila South Project (including assumed values for trip generation and percentages for trip reductions) shall be as set forth in the Transportation Impact Study incorporated in the Tukwila South EIS for the Tukwila South Project. Trip counts shall be estimated at the perimeter of the Project site; trips internal to the Project shall not count against the Trip Ceiling. Transportation impact fees shall apply only to the Net New Trips allocated to the proposed new development. Subject to the provisions of this Agreement, these 10,166 Net New Trips shall be reserved by the City for use by La Pianta hereunder for the Term of this Agreement. If La Pianta is in compliance with the requirements of this Section, La Pianta will only be required to produce a trip generation study for each development project in order to identify the associated Net New Trips for that project. (a) Construction of Orillia Road Connector. La Pianta shall construct at its own expense a new 4-lane arterial connector between Orillia Road S. and Southcenter Parkway Extension ("Orillia Road Connector"). La Pianta shall complete construction of the Orillia Road Connector within 6 years of the time 7500 Net New Trips are generated by the Project (the "Orillia Road Completion Date"). After the Orillia Road Completion Date, no Net New Trips from the remainder of the Trip Ceiling may be used by La Pianta until this improvement is completed and accepted by the City. La Pianta shall, at its own cost, obtain all state, federal, and Local permits and approvals required for the Orillia Road Connector. Subject to applicable laws and ordinances and the terms and conditions of this Development Agreement, the City agrees to cooperate with La Pianta in obtaining such permits and approvals. The Orillia Road Connector will consist of four lanes. A diagram of the Orillia Road improvement is attached hereto as Exhibit 10. (b) If the Orillia Road Connection, required hereunder cannot be constructed within the time frame set out herein for reasons outside the control of La Pianta, then if La Pianta desires to continue with new development absent the construction of either of this improvement, La Pianta may, as an alternative to construction of the Orillia Road Connector (i) reduce or defer the amount of development proposed in the Project; (ii) implement Transportation Demand Management (TDM) strategies and/or (iii) construct other transportation system improvements ("Alternative Mitigation"). The City shall approve such Alternative Mitigation if, with such Alternative Mitigation in place, the Project passes a test under the City's transportation concurrency requirements, applying the requirements of TMC 9.48 and the City's traffic concurrency ordinance. Provided that under no circumstance can the cap of 10.3 million square feet of new building floor area (as that term is defined in Section 3.1) be exceeded by implementing TDM strategies or Alternative Mitigation measures. 06/10/2009 -25- 20090617000114.028 5.3.3 Credit for Existing Trips. As described in the Tukwila South EIS, the existing development on the Project site generates a total of 1,241 p.m. peak hour vehicle trips (298 trips inbound and 943 trips outbound) ("Existing Development Trips"). Existing Development Trips shall not count against the Trip Ceiling, and are not subject to impact fees hereunder_ Existing Development Trips may be used as a credit against trip generation from new development to the extent existing uses are permanently discontinued and/or existing structures are removed ("Credit Trips"). The existing development and Existing Development Trips are set forth in Exhibit 11. La Pianta may allocate available Credit Trips to the proposed new individual development, as development occurs. 5.3.4 No Additional Transportation Concurrency or SEPA Review Required. Since the City has determined compliance with the mitigation requirements identified in this Agreement satisfies transportation concurrency and substantive SEPA requirements for the Tukwila South Project, no additional SEPA review or transportation concurrency review shall be required for development that is within the Trip Ceiling for the Term of this Agreement, except additional SEPA review may occur as set forth in Section 6.2 below. 5.4 Stormwater Regulation. 5.4.1 Description of Surface Water Control Facilities. The surface water control facilities for the Project shall include: 5.4.1.1 Parcel storm drains. Parcel storm drains will provide collection and conveyance of runoff from individual development parcels to a primary trunk storm drain within Southcenter Parkway from S. 180th Street to S. 200th Street (the "Trunk Storm Drain"). 5.4.1.2 Trunk storm drain. The Trunk Storm Drain will drain into two detention/water quality facilities - the North Basin ("North Facility") and the South Basin ("South Facility"), and are more particularly described in Section 5.4.1.3. The North Basin will outflow into the S. 180th Street Pump station, which will route stormwater either to the Green River or into the P-17 Drainage Basin. The South Basin will outflow into the Green River. Emergency overflow of the South Basin will be discharged to Johnson Creek. 5.4.1.3 Water quality treatment and detention facilities. The stormwater control system includes two major water quality treatment and runoff control facilities (one each in the north and south portions of the site). Each facility shall be constructed as a combined water quality/detention ponds and sized to meet the water quality treatment and runoff control requirements for the area being served, including the Expansion Areas. The South Facility shall provide at least Level 1 flow control as defined in the 2005 King County SWDM. The North Facility shall control the peak flow magnitude of runoff to at or below 75% of the designed pumping capacity of the S. 180th Street Pump Station. Both the North and South Facilities will be open ponds, and a preliminary design of the facilities are set forth in the Tukwila South EIS. The water quality/detention facilities will operate to 06/10/2009 -26- 20090617000114.029 provide the required level of downstream peak flow control. The detention facilities will include a dead storage component for water quality and a live storage component representing the required detention volumes. The site development phasing may include phased construction of detention and water quality facilities or the use of temporary facilities for the early site development. Temporary use of the South Facility may also be used for site development within the North Basin, provided that such use does not exceed the capacity of the South Facility. 5.4.2 Stormwater Standards. This Section specifies the surface water management standards applicable to the Tukwila South Project during the Term of the Agreement, including the existing Segale Business Park and the proposed Expansion Areas. 5.4.2.1 Vested Design Standards for Surface Water Control Facilities. City of Tukwila Development Guidelines and Design and Construction Standards (Second Edition, Revision 1, 2005) and the 1998 King County SWDM provide the approved methods for the analysis and design of the surface water management components for the Project during the Term of this Agreement, except for the South Facility where conservation flow control is required under the 2005 King County SWDM, and except for those modifications listed in Table 1 (the "Stormwater Standards"). Where not otherwise specified, design standards of the 1998 King County SWDM will apply. The Stormwater Standards supersede any other applicable TMC, SWDM, and basin/water quality plan requirements during the Term of this Agreement. The Stormwater Standards include the Code Modifications specified in Table 1. Furthermore, some adjustments in the natural location of discharge (including minor inter-subbasin diversions of runoff) will be permitted as a result of changes in development area drainage collection, detention, treatment, and outfall locations. Other adjustments from the applicable SWDM, design standards or other applicable surface water management regulations may be requested during the site plan review process and evaluated in accordance with the criteria in TMC 18.41D.090. Nothing herein shall relieve La Pianta from any obligation to comply with applicable state and federal stormwater regulations currently in effect or adopted in the future. 06/10/2009 -27- 20090617000114.030 TABLE 1. Code Modifications SWDM Manual Section:/ TN(C SWDM Manual / TMC - Reference Text Code Nlothficat ons Rationale SWDM Core Requirement #1 Discharge at the Natural Location • "Al! surface and storm wafer runoff from a proposed project that proposes to construct new, or modify existing drainage facilities must be discharged at the natural location so as not to be diverted onto, or away from, the adjacent downstream property.." • During development, minor changes to natural drainage shed boundaries and tributary areas are inevitable due to grading of roadways etc. • Interpretation that existing discharge points to the Green River do not constitute separate "natural" discharge points • • Other minor on -site sub - basin routing through detention ponds and discharges to on -site wetlands etc. are not formal variances from core requirement #1 but shall be reviewed during the preliminary plat technical review or the detailed engineering drainage review. The existing discharge points are man -installed culverts through the levee system. The Green River is a "managed" flow system and is a direct receiving water above and below the project site. Proposed future discharge points from post developed basins will not pose an adverse impact to the River. SWDM Core 3 Requirement Flow Control • Level 1 flow control identified for the Site area of Tukwila South • The Manual prescribed Level 1 flow control is not proposed for the North Basin runoff. • • All runoff from the North Basin drains to City storrnwater pump stations. The control of runoff and stormwater detention design is geared to the capacity of these existing pump stations. This is not specifically listed in the Manual as an allowed exemption. SWIM! Core Requirement #8 Basic Water Quality Treatment Design •Water qualify design flow per KCSWDM Sec. 6.2.1 • Sizing methods utilizing the HSPF model from the project Master Drainage Plan • Would best meet the intent of the design standard by utilizing continuous simulation and historic data. TMC 14.30 Storm Water Management TMC 14.30.070 Standards requires that all activities be undertaken in accordance with the 1998 King County Surface Water Design Manual • All facilities would be In accordance with the 1998 King County Surface Water Design Manual, unless site constraints or other provisions such as LID require variation to design specifics. • To allow for maximum flexibility of the site, and acknowledging the site design particulars, adequate water quality and detention will be provided, but may vary from Manual design specifics. 06/10/2009 -28- 20090617000114.031 5.4.2.2 Grading Ordinance Design Standard Modifications. The following exceptions from Grading Ordinance No. 2062 shall apply to the Project during the Term of this Agreement: a. A significant tree survey and tree replacement plan are not required. h. Slope grading - Slope stability and slope grading limitations shall be evaluated within site development areas based on geotechnical evaluation and applicable codes. c. A vegetative restoration plan is not required except for the wetland mitigation portions of the NGPAs. d. Project notification and permanent NGPA signs are required. e. Points of drainage discharge are not limited to the nearest practicable drainageway - Required methods of managing natural discharge from springs, streams, or other natural sources are to be defined in the approved Master Stormwater Infrastructure Plan (hereinafter defined). f. Proposed modifications to surface water management provisions are governed by TMC 18.41D.090. g. Any construction activities, including site grading and building, during wet or dry seasons shall be allowed provided such activities meet with the stormwater quality requirements set forth in the NPDES Permit. 5.4.2.3 Impervious Area Limitations. In the "Development Area", up to 85% of the developable area served by each stormwater facility may be covered with impervious surfaces, unless otherwise altered with City approval in the design phase. Expansion Areas described in Section 3.4 of the Development Agreement are included in the impervious area calculations. The sizing of surface water control facilities may be adjusted to reflect actual land use impervious areas in final design as indicated in the fmal approved Master Stormwater Infrastructure Plan. 5.4.2.4 TESCP and NPDES Requirements for all Construction. Temporary Erosion and Sedimentation Control Plans ("TESCPs") will use SWDM Best Management Practices ("BMPs") to minimize the extent of soils disturbance in contact with surface runoff during construction, and to maximize disturbed soil stabilization/cover practices to reduce erosion potential. This will apply to both dry and wet season construction. The TESCPs will be developed to comply with Core Requirement No. 5 and Appendix D of the SWDM, and Department of Ecology requirements as identified in the NPDES Permit. The TESCPs will be implemented in Project grading permits, which shall be submitted for City review and approval. Multiple TESCPs will be required to accommodate the phasing of site development. La Pianta shall comply with all project inspection requirements concerning surface water TESC plans that are set forth in the NPDES Permit. 06/10/2009 -29- 20090617000114.032 5.4.3 Stormwater Infrastructure Development. 5.4.3.1 La Pianta Obligations. La Pianta shall implement the following stormwater mitigation conditions at its sole expense, in accordance with the timing requirements set forth below: Mitigation Measures 1. A temporary stormwater treatment system shall be installed per the requirements of the 1998 King County SWDM during the first construction season. Prior to its completion, all stormwater from construction or cleared areas shall be retained on site. Timing During the first construction season. 2. Install a long-term construction stormwater polymer treatment system. 3. Construct the elevation of the separating berm between the Green River and the Green River Off Channel Habitat Area excavation to prevent Green River inflow to the excavation during the high flow season. 4. Install a sediment curtain or similar measures to minimize sediment release to the Green River when the separating berm between the Green River Off Channel Habitat Area and the river is removed. 5. Prepare and implement the SAMP wetland mitigation plan to compensate for the filling of low -value wetlands. Constructed and operational prior to the start of any discharges from the site. During the first construction season and prior to first wet season construction activities. Installation before breaching the berm adjacent to the off -channel habitat restoration project, during a time window defined in the Hydraulic Project Approval (HPA) for the project. Approval of SAMP plan by the Department of Community Development Director prior to the start of site mass grading during the first construction season; wetland mitigation construction will start the first year of construction and be complete during the third year of construction. 6. Prepare and implement a fisheries mitigation plan pursuant to the SAMP. Approval of the SAMP plan by the Department of Community Development Director prior to the start of site mass grading during the first construction season; mitigation construction will start the first year of construction and be complete during the third year of construction. 06/10/2009 -30- 20090617000114.033 7. Construct a temporary North Facility and the South Facility as part of the permanent stormwater management system. Approval of the temporary North and permanent South Facilities plans shall occur prior to the start of site grading during the first construction season. 8. Prepare a Master Stormwater Infrastructure Plan. Approval shall be obtained prior to start of utility work. 5.4.3.2 City Obligations. During construction of the Southcenter Parkway Project, the City shall install stormwater conveyance infrastructure, including the Trunk Storm Drain, within Southcenter Parkway to connect to the North Facility and the South Facility. 5.4.4 Master Stormwater Infrastructure Plan. Master Stormwater Infrastructure Plan. La Pianta shall prepare and submit as part of the Tukwila South Project's application for a Clearing and Grading Permit, a Master Stormwater Infrastructure Plan for Tukwila South. The plan shall substantially comply with all the criteria of Section 5.4 of this Agreement including this Section 5.4.4, and be consistent with the Stormwater Standards of this Agreement and shall address the Tukwila South Project's compliance with the eight core requirements and five special requirements specified in Section 1.1.2.4 of the 1998 King County Surface Water Design Manual - Large Site Drainage Review. The City shall review the Stormwater Infrastructure Plan and may require changes if necessary to ensure overall compliance. Issuance of the Clearing and Grading Permit shall be governed by Section 4.9 herein, and approval of a final Master Stormwater Infrastructure Plan shall not be required prior to issuance of the Clearing and Grading Permit. 5.4.5 Monitoring. Monitoring shall be performed as required under the 401 Certification and the NPDES permit for construction discharge issued and administered by the Washington Department of Ecology, and for Total Suspended Solids ("TSS") as shown in Table 2. TABLE 2 NORTH AND SOUTH FACILITIES TOTAL SUSPENDED SOLIDS (TSS) MONITORING PLAN Plan Element Implementation . Comments Objective Report Facility water quality performance to the City as estimated by TSS monitoring (used as performance measure in the 1998 SWDM). Monitoring Start for Each Facility Upon 70% buildout in the catchment served by each Facility Begin monitoring when there is sufficient buildout to generate TSS, but not while active construction influence persists (construction discharge to be monitored under NPDES permit requirements). 06/10/2009 -31- Plan Element Implementation Comments Monitoring Frequency Monitoring Duration Monitoring Method Criterion Reporting Response to Data 06/10/2009 o Five times per year o During storms exceeding %4 inch of rain in 24 hours o Four times during Oct 1 through March 30 (wetter season) o One time during May 1 through Sept 30 (drier season) Three consecutive years per Facility Grab samples at Facility outlet during active rainfall TSS (cumulative average during the monitoring for each Facility) shall be lower than 20 mg/L Once annually to the City Collect samples under a range of conditions through the year, but concentrating on the wetter season when the majority of discharge volume will occur. Samples analyzed at a Washington Certified analytical laboratory The 1998 King County SWDM's treatment goal is to remove 80% of TSS for flows or volumes up to and including the WW design flow or volume. Flows and volumes in excess of the WQ design flow or volume can be routed around the WQ facility or can be passed through untreated. The monitoring plan assumes that the inflow WQ will between 30 to 100 mg/L TSS and therefore proposes a criterion of 20 mg/L (80% removal of the upper estimate). Within 60 days of last wet season result from the analytical laboratory. The water quality performance data shall be provided to the City for its use in making future decisions on stormwater management. If the data indicates that the North and South Facilities are not functioning properly due to improper construction or lack of required maintenance by La Pianta, then La Pianta shall remedy such condition promptly at its expense. -32- 20090617000114.035 6. SEPA Compliance. 6.1 Prior SEPA Documents. Development within the Project areas as contemplated in this Agreement has been addressed and analyzed in prior environmental documents, including but not limited to environmental impact documents prepared for Tukwila's Comprehensive Plan and the Tukwila South environmental impact statement (collectively, the "SEPA Documents"). The SEPA documents shall constitute compliance to the fullest extent possible under SEPA for all Implementing Approvals. For purposes of this Agreement, an "Implementing Approval" means a land use approval or permit subsequent to the execution of this Agreement which implements or otherwise is consistent with this Agreement, including but not limited to plats, short plats, binding site plans, site development permits, grading and building permits and utility permits. Subject to the provisions of this Section, no further SEPA review is required, and no additional substantive SEPA mitigation measures are required beyond those set forth in this Agreement. 6.2 Further SEPA Review Limited. Except as set forth herein, no further SEPA review shall be required for the Project. The City may require additional SEPA review based only the following conditions: (a) An Implementing Approval or requested modification materially exceeds the Project Envelope (hereinafter defined) and governing Development Regulations; or The City concludes (pursuant to SEPA, SEPA Rules, and City SEPA regulations) that substantial changes have been made to the Tukwila South Project so that, as mitigated, it is likely to have significant adverse impacts not previously analyzed in a SEPA environmental document, and which impacts cannot be mitigated below a level of significance by applicable local, state or federal regulations; or (c) The City concludes (pursuant to SEPA, SEPA Rules, and City SEPA regulations) that there is new information indicating probable significant adverse environmental impacts of the Tukwila South Project not previously analyzed in a SEPA environmental document which cannot be mitigated below a level of significance by applicable local, state or federal regulations. For purposes of this Agreement, "Project Envelope" means the level and range of development (including maximum structure height, floor area, bulk and use) analyzed .within one of the alternatives reviewed in the Tukwila South EIS and any subsequent addenda or SEPA Documents which may be issued by the City. The Project Envelope includes all of the physical aspects of a general development plan, individual project, or other on -site or off -site physical improvements as disclosed and analyzed in (b) 06/10/2009 -33- 20090617000114.036 the Tukwila South EIS. As used herein, "materially exceeds" means the proposal, as mitigated, is likely to have significant adverse impacts not previously analyzed in the SEPA Documents or any other SEPA environmental document prepared for property within the Tukwila South Project area and which impacts cannot be mitigated below a level of significance by applicable local, state or federal regulations. 6.3 Written Notice. If the City determines at any time during the Term that it intends to require additional SEPA review for any Implementing Approval, the City shall give La Pianta written notice thereof and provide La Pianta an opportunity to modify the Implementing Approval application so as to render such additional SEPA review unnecessary. 7. Dispute Resolution Process. 7.1 The parties shall use their best efforts to resolve disputes arising out of or related to this Agreement using good faith negotiations by engaging in the following dispute escalation process should any such disputes arise: (a) Level One — La Pianta's project manager and a City staff member appropriate to the nature of the dispute (selected from among the City's Deputy Director of DCD, Building Official, Fire Marshall or City Engineer, or a designee of any of the foregoing identified by the Administration)) shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level One, either party may refer the dispute to Level Two. (b) Level Two — La Pianta's principal and the City's Community Development Director or Public Works Director (or a designee of either of the foregoing identified by the Administration) shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) business days after referral of that dispute to Level Two, either party may refer the dispute to Level Three. (c) Level Three — La Pianta's principal (or designee) and the Mayor and the City Administrator (or the City Administrator's designee) shall meet to discuss and attempt to resolve the dispute in a timely manner. Counsel for the parties shall be permitted to attend Level Three meetings. 7.2 Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level Three within fourteen (14) calendar days after referral of that dispute to Level Three, either party may refer the dispute to binding arbitration, as set 06/10/2009 -34- 20090617000114.037 (e) forth herein. At all times prior to resolution of the dispute, the parties shall continue to perform and make any required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. 7.3 In the event that a dispute is referred to binding arbitration, the parties agree to the following procedure: (a) Binding arbitration between the parties pursuant to this Section shall be governed by the rules and procedures set forth in this Section. Within seven (7) calendar days of the date the dispute is referred to binding arbitration, each party shall provide the other party with the names of three neutral arbitrators having significant experience in the subject matter of the dispute and in arbitrating disputes. The parties will thereafter attempt in good faith to select an arbitrator from this panel of six candidates. If the parties to the dispute are unable to agree upon a single arbitrator within twenty-eight (28) calendar days of the date the dispute is referred to binding arbitration, then each party shall designate one arbitrator from its panel of three, the two arbitrators selected in that mariner will choose a third arbitrator from among the remaining panel members, and this third arbitrator so selected would act as the single arbitrator for the dispute. (b) (c) (d) Upon selection of the arbitrator, said arbitrator shall determine the question(s) raised within fourteen (14) calendar days, unless a different period of time is otherwise agreed upon by the parties in writing, provided that issues of arbitrability may not be decided by the arbitrator. Said arbitrator shall then give both parties reasonable notice of the time (which time shall be within thirty (30) calendar days of the arbitrator's determination of the questions raised, unless a different period of time is otherwise agreed upon by the parties), and place of hearing evidence and argument; take such evidence as the arbitrator deems relevant, with witnesses required to be sworn; and hear arguments of counsel or others. After consideration of all evidence, testimony and arguments, said single arbitrator shall, within thirty (30) days of completion of the hearing, promptly state such decision or award in writing. Said decision or award shall be final, binding, and conclusive on all parties to the arbitration when delivered to them, except as provided in Subsection 7.3(h). Until the arbitrator issues the first decision or award upon any question submitted for the arbitration, performance 06/10/2009 -35- 20090617000114.038 under the Agreement shall continue in the manner and form existing prior to the rise of such question. After delivery of said first decision or award, each party shall forthwith comply with said first decision or award immediately after receiving it. (f) La Pianta and the City shall share equally the compensation, costs, and expenses of the arbitrators, but each shall be responsible for their own fees and expenses of its own witnesses, exhibits, and counsel. La Pianta and the City shall pay the compensation, costs and expenses of the single arbitrator or the additional arbitrator in the board of arbitrators in equal shares. (g) The arbitrator shall have the authority to enter awards of equitable remedies consistent with the obligations of the City and La Pianta under this Agreement. (h) The arbitrator shall not have the authority to enter any award, the satisfaction of which by the party to be bound, would be impermissible under any law, regulation, or funding agreement to which the bound party is subject. The determination of any such impermissibility shall be made by a court of competent jurisdiction within the State of Washington and under the laws of the State of Washington. Any such determination shall be appealable. 7.4 This dispute resolution process will not apply to the following disputes: (i) disputes regarding the accounting of Project revenues and City expenditures; and (ii) disputes concerning the letters of credit. Any disputes regarding revenues/expenditures must utilize the dispute resolution process outlined in Section 4.8.3. Issues of arbitrability of a dispute shall be determined by the Presiding Judge, King County Superior Court. 7.5 Nothing in this Section 7 shall preclude either party from seeking injunctive or equitable relief prior to the initiation or completion of this dispute resolution process. 8. Modifications to Agreement. This Agreement contains all terms, conditions and provisions agreed upon by the parties hereto, and shall not be modified except by written amendment executed by both parties. Amendments to this Agreement that materially modify the intent and policy of the Agreement must be approved by the City Council. Other amendments may be approved by the City Mayor. 9. General Provisions. 9.1 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. 06/10/2009 -36- 20090617000114.039 9.2 Recording. This Agreement or a memorandum thereof shall be recorded against the Tukwila South Property as a covenant running with the land and shall be binding on La Pianta, its heirs, successors and assigns until this Agreement expires on its own terms pursuant to Section 5.2.3. 9.3 Agreement Binding on Successors; Respective Obligations of La Pianta and Parcel Builders. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of La Pianta, and upon the City, except as limited and conditioned in this Agreement. La Pianta's general duties and obligations under this Agreement for the Tukwila South Project are not intended to be delegated to Parcel Builders unless a particular duty or obligation, specifically and directly related to the Development Parcel in question, is expressly imposed by the City as a term or condition of an Implementing Approval for that Parcel. 9.4 Parcel Builders' Obligations; Notice to City re Parcel Builder Declaration of Covenants for Tukwila South Project. The parties acknowledge that development of the Tukwila South Project may involve transfer of undeveloped or partially -developed development parcels in the Tukwila South Property or the Expansion Areas, each a "Development Parcel," to one or more Parcel Builders. Those Parcel Builders will in turn own, develop and/or occupy portions of the Tukwila South Property and buildings thereon as part of the Tukwila South Project. Parcel Builders shall be obligated with respect to all conditions of Implementing Approvals applicable to their respective Development Parcels, unless such an obligation is specifically identified in this Agreement or in the Implementing Approval as that of La Pianta. For purposes of this Agreement, a "Parcel Builder" shall mean an owner or lessee of all or a portion of the Development Area authorized for development pursuant to this Agreement, or a successor or assign of an owner or lessee, who develops and/or occupies portions of the Tukwila South Property or an Expansion Area, or develops and/or occupies buildings thereon as part of the Tukwila South Project, provided however, that building tenants shall be excluded from this definition. 9.5 Interpretation; Severability. 9.5.1 Interpretation. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170 et seq., and this Agreement shall be construed to exclude from the scope of this Agreement and to reserve to the City, only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration. If a Tukwila South Development Standard conflicts with an otherwise applicable provision of the Tukwila Municipal Code, the Tukwila South Development Standard shall control. 06/10/2009 -37- 20090617000114.040 9.5.2 Severability. If any provisions of this Agreement are determined to be unenforceable or invalid in a final decree or judgment by a court of law, then the remainder of this Agreement not decreed or adjudged unenforceable or invalid shall remain unaffected and in full force and effect. In that event, this Agreement shall thereafter be modified, as provided immediately hereafter, to implement the intent of the parties to the maximum extent allowable under law. The parties shall diligently seek to agree to modify the Agreement consistent with the final court determination, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification to this Agreement has been completed. If the parties do not mutually agree to modifications within forty-five (45) days after the final court determination, then either party may initiate the arbitration process under Section 7 for determination of the modifications that will implement the intent of this Agreement and the final court decision. 9.6 Authority. Each party respectively represents and warrants that it has the power and authority, and is duly authorized, to enter into this Agreement on the terms and conditions herein stated, and to deliver and perform its obligations under this Agreement. 9.7 Exhibits and Appendices Incorporated. Exhibits 1 through 11 are incorporated herein by this reference as if fully set forth. 9.8 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 9.9 Time of the Essence. Time is of the essence of this Agreement and of every provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday in the State of Washington, then the time period shall be extended automatically to the next business day. 9.10 Entire Agreement. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein and this Agreement supersedes all previous agreements, oral or written. 9.11 Default and Remedies. 9.11.1 Cures Taking More Than Thirty Days. Except as expressly provided otherwise in this Agreement, no party shall be in default under this Agreement unless it has failed to perform as required under this Agreement for a period of thirty (30) days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be 06/10/2009 -38- 20090617000114.041 reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. 9.11.2 Rights of Non -Defaulting Party. A party not in default under this Agreement shall have all rights and remedies provided by law or equity, including without limitation damages, specific performance, or writs to compel performance or require action consistent with this Agreement. 9.11.3 Attorneys' Fees. In any action to enforce or determine a party's rights under this Agreement, the prevailing party shall be entitled to attorney's fees and costs. 9.12 Relief Against Defaulting Party or Portion of Tukwila South Property. In recognition of the anticipated transfers by La Pianta of parcels of the Tukwila South Property to Parcel Builders, remedies under this Agreement shall be tailored to the Tukwila South Property or parties as provided below. 9.12.1 Relief Limited to Affected Development Parcel. Any claimed default shall relate as specifically as possible to the portion or Development Parcel of the Tukwila South Property involved, and any remedy against any party shall be limited to the extent possible to the owners of such portion or Development Parcel of the Tukwila South Property. 9.12.2 Relief Limited to Affected Owner. To the extent possible, the City shall seek only those remedies that do not adversely affect the rights, duties or obligations of any other nondefaulting owner of portions of the Tukwila South Property under this Agreement, and shall seek to utilize the severability provisions set forth in this Agreement. 9.13 Term. The Term of this Agreement shall be as set forth in Section 5.2.3 above. Until such time as the City revises the comprehensive plan or development regulations which apply to Tukwila South during the Term of this Agreement, the goals of the comprehensive plan and the development regulations to which the project vests will continue to apply to the Tukwila South Property following the expiration of this Agreement. 9.14 No Third -Party Beneficiary. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. Parcel Builders in Tukwila South shall be, deemed to be successors under this provision. 06/10/2009 -39- 2009061700011-4:042 9.15 Interpretation. This Agreement has been reviewed and revised by legal counsel for both parties, and no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this Agreement. 9.16 Notice. All communications, notices, and demands of any kind that a party under this Agreement requires or desires to give to any other party shall be in writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to the City: City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Attn: Mayor's Office and Director of Public Works and Director of Community Development If to La Pianta: La Pianta LLC P.O. Box 88028 Tukwila, Washington 98138-2028 Attn: Mr. Mark A. Segale Notice by hand delivery or facsimile shall be effective upon receipt, provided that notice by facsimile shall be accompanied by mailed notice as set forth herein and shall be evidenced by a machine -printed confirmation of successful transmission. If deposited in the mail, certified mail, return receipt requested, notice shall be deemed delivered forty- eight (48) hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. 9.17 Delays. If either party is delayed in the performance of its obligations under this Agreement due to Force Majeure, then performance of those obligations shall be excused for the period of delay. For purposes of this Agreement, economic downturns, loss in value of La Pianta assets, inability to obtain or retain financing, do not constitute a force majeure event. 9.18 Payments. Any payments made pursuant to the terms of this Agreement shall be made within thirty days of invoice, unless otherwise specified in the Agreement. Any Iate payments shall be subject to interest charges at the rate of 12% per annum. 9.19 Indemnification. Except as otherwise specifically provided elsewhere in this Agreement and any exhibits hereto, each party shall protect, defend, indemnify and hold harmless the other party and their officers, agents, and employees, or any of them, 06/I0t2009 -40- 20090617000114.043 from and against any and all claims, actions, suits liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or omission of the party's own officers, agents, and employees in performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against a party, the party whose negligent action or omissions gave rise to the claim shall defend the other party at the indemnifying party's sole cost and expense; and if fmal judgment be rendered against the other party and its officers, agents, and employees or jointly the parties and their respective officers, agents, and employees, the parties whose actions or omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent negligence, each party shall indemnify and hold the other parties harmless only to the extent of that party's negligence. The indemnification to the City hereunder shall be for the benefit of the City as an entity, and not for members of the general public. 9.20 Tukwila South Project is a Private Undertaking. The Tukwila South Project is a private development and the City has no interest therein except as authorized in the exercise of its governmental functions. In Witness Whereof, the parties have caused this Agreement to be executed, effective on the day and year set forth on the first page hereof. 06/10/2009 -41- 200906 CITY OF TUKWILA, a Washington municipal corporation By: Haggerty/ Pryor Date: —lo% o� ATTEST: APPROVED AS TO FORM: La Pianta LLC, a Washington limited liability corporation By: Metro Land Development, Inc., Its: Manager By: .00, M.A. Segale, Presi.ent Date: (O-1 O - 0 I 06/10/2009 -42- 1 11■ %■ Clu�lir1 1+11 ,1„Iffuuvrl! mIim Ifefru::1:11i'_ Pil(I111G':i111f:1eMinli- 11111111113,13111116911 1111111111&":M"I11II ;Ili • iZfl1111B01r1111r1111 Litum.:.�w_lilll a;1181111I1IfpCNN 111111M: flllrllillrllll Iclltueullr�' _at 11111111114fir14r rinnenllnanllnl• 6111 ,p� 111 16111111IIltllf11111,� =Innilphi Illtr ;�:111O Dili lli►��i'�i i �� gllaiilll�li� i it:• 1Ui.IICC 20090617000114.046 EXHIBIT 2 TUKWILA SOUTH PROPERTY LEGAL DESCRIPTION PARCEL 022204-9008: THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST '/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20", AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29 FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST'/4 OF THE NORTHWEST'/ OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST - WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE ver. 05-26-09 Exhibit 2-1 20090617000114.047 CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TOTHE SOUTHWEST, 93.58 FEET TO A POINT ON A NON -TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT- OF-WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT-OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9015: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR -COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00°30'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°54'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00°25'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST ver. 05-26-09 Exhibit 2-2 20090617000114.048 1/4 OF SECTION 3; THENCE NORTH 89°40'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00°30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE , ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO.35.26897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' .10" WEST 198.77 FEET; THENCE NORTH 02°41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING ver. 05-26-09 Exhibit 2-3 COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 `FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. • PARCEL 022204-9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15" EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE COUNTY OF KTNG, STATE OF WASHINGTON. PARCEL 022204-9043: ver. 05-26-09 Exhibit 2-4 20090617000114.050 THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59", HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49", AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53", AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWESTY4 OF THE NORTHWEST % OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST'/4 OF THE NORTHWEST IA; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST %4 OF THE NORTHWEST 'A; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, ver. 05-26-09 Exhibit 2-5 20090617000114.051 PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900-0352: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2-18787-5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9006: THE SOUTHEAST 1/4 OF THE NORTHEAST %4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11 ° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11 ° 26' 35" EAST 51.27 FEET; THENCE ver. 05-26-09 Exhibit 2-6 20090617000114.052 NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT- OF-WAYS AND STORM WATER RIGHT-OF-WAYS AND STORM WATER RIGHT-OF-WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9047: THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST'/a IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 1N SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11 ° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9056: THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST Y4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST'/4 OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527.5 FEET SOUTH AND 1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF ver. 05-26-09 Exhibit 2-7 200906170001114053 51 ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88°57'43" WEST, 234.57 FEET; THENCE SOUTH 27°37'40" WEST, 264.86 FEET; THENCE SOUTH 48°11'25" WEST, 269.46 FEET; THENCE SOUTH 51 °58' 10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0° 13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0°13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH ver. 05-26-09 Exhibit 2-8 20090617000114.054 STREET (ALLEN CLARK ROAD NO, 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST' 'A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT-OF-WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9092: THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST %4 OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11' 00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 1 i' 00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST 1/4; THENCE NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9093: THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE vet. 05-26-09 Exhibit 2-9 SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89°I 1'06" EAST 1'20 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 0I°11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2-18787-5 KNT; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9106: A PORTION OF THE WEST %2 OF THE NORTHWEST 1/4 OF SECTION 2 AND THE EAST % OF THE NORTHEAST %4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11 ° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 262304-9065: THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 ver. 05-26-09 Exhibit 2-10 20090617000114.056 OF SECTION 26; THENCE NORTH 87°45'57" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, A DISTANCE OF 481.05 FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY; THENCE CONTINUING NORTH 87°45'57" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 680 FEET, MORE OR LESS, TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 39.0 FEET NORTHWESTERLY OF THE CENTER LINE OF A 19 FOOT RAILROAD EASEMENT ESTABLISHED BY INSTRUMENT RECORDED UNDER RECORDING NO. 6643573 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 16°18'55" EAST ALONG SAID PARALLEL LINE 92 FEET, MORE OR LESS, TO THE CENTER LINE OF A 40 FOOT DRAINAGE EASEMENT GRANTED TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED UNDER RECORDING NO. 6233536; THENCE NORTH 50°38'32" WEST ALONG SAID DRAINAGE EASEMENT CENTER LINE 224 FEET, MORE OR LESS, TO THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 26; THENCE SOUTH 00°56'36" WEST ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF SAID SUBDIVISION TO THE TRUE POINT OF BEGINNING; TOGETHER WITH ALL RIGHTS IN THOSE CERTAIN 15 FOOT EASEMENTS RESERVED IN DOCUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 7701050685 AND 7701050686; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9008: THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF MUSIEL ROAD; EXCEPT THAT PORTION THEREOF, PURSUANT TO THE CITY OF TUKWILA ORDINANCE 626, RECORDED UNDER RECORDING NO. 6671631, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35, NORTH 87°50'57" WEST, 319.21 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTH 20°03'27" EAST, 31.53 FEET; THENCE SOUTH 87°50'57" EAST, 96.47 FEET; THENCE ALONG THE ARC AT THE CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 15° 16' 16" AN ARC DISTANCE OF 13.33 FEET; THENCE SOUTH 24°56'33" EAST, 35.68 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE NORTH 87°50'57" WEST, 135.58 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THE VACATED PORTION OF MUSIEL ROAD ADJOINING, PURSUANT TO THE CITY OF TUKWILA ORDINANCE 626, RECORDED UNDER ver. 05-26-09 Exhibit 2-11 RECORDING NO. 6671631, WHICH, UPON VACATION, ATTACHED BY OPERATION OF LAW, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE NORTH 87°50'57" WEST, ALONG THE SOUTH LINE THEREOF, 319.21 FEET; THENCE NORTH 20°03'27" EAST, 31.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87°50'57" WEST, 31.53 FEET; THENCE NORTH 20°03'27" EAST, 221.29 FEET; THENCE SOUTH 24°03'27" EAST, 216.19 FEET; THENCE WESTERLY, ALONG AN ARC OF CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THE RADIAL POINT OF WHICH BEARS NORTH 48°12'58" WEST, THROUGH A CENTRAL ANGLE OF 35°05'45" AN ARC DISTANCE OF 30.63 FEET; THENCE NORTH 24°56'33" WEST, 146.77 FEET; THENCE SOUTH 20°03'27" WEST, 139.18 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON: PARCEL 352304-9009: THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 87°45'57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST IA, A DISTANCE OF 481.05 FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 11°59'33" EAST, ALONG SAID WEST MARGIN, A DISTANCE OF 41.27 FEET; THENCE NORTH 87°45'57" WEST A DISTANCE OF 229.11 FEET; THENCE SOUTH 42°30'27" WEST A DISTANCE OF 695.97 FEET; THENCE SOUTH 52°44'03" EAST TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE WESTERLY, ALONG SAID SOUTH LINE, TO THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE NORTH 01°49'41" EAST, ALONG SAID EAST LINE, TO THE NORTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE SOUTH 87°45'57" EAST, ALONG THE NORTH LINE, OF SAID NORTHWEST 1/4, A DISTANCE OF 831.10 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF SAID TRACT LYING WITHIN THE BOUNDARIES OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. BLA-8-79, RECORDED UNDER KING COUNTY RECORDING NO. 7908230752; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. ver. 05-26-09 Exhibit 2-12 20090617000114.058 PARCEL 352304-9013: THAT PORTION OF THE SOUTHEAST %4 OF THE NORTHWEST'/ OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY LINE OF SAID SUBDIVISION AT A POINT 657.02 FEET WESTERLY OF THE INTERSECTION OF SAID SOUTHERLY LINE WITH THE WESTERLY LINE OF COUNTY ROAD NO. 540 (57TH AVENUE SOUTH), SAID POINT BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 4744487; THENCE NORTH 16°21'00" EAST 831.38 FEET TO THE NORTHWESTERLY CORNER OF SAID CERTAIN TRACT OF LAND; THENCE SOUTH 87°53'30" EAST 504.80 FEET; THENCE NORTH 60°47'30" EAST 206.43 FEET TO THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID SUBDIVISION; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG THE WESTERLY LINE THEREOF TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EASTERLY ALONG THE SOUTHERLY LINE THEREOF TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87°51'0l" EAST, ALONG THE NORTH LINE OF SAID SUBDIVISION 800 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH PERPENDICULAR TO THE SAID NORTH LINE OF SAID SUBDIVISION 250 FEET; THENCE EAST PARALLEL WITH THE SAID NORTH LINE OF SAID SUBDIVISION TO THE WEST LINE OF COUNTY ROAD NO. 540; THENCE NORTHERLY ALONG THE SAID WESTERLY LINE OF SAID COUNTY ROAD TO THE INTERSECTION WITH THE SAID NORTH LINE OF SAID SUBDIVISION; THENCE NORTH 87°51'01" WEST ALONG SAID NORTH LINE OF SAID SUBDIVISION 335 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 01°49'45" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 566.20 FEET; THENCE NORTH 63°06'45" EAST 485.45 FEET TO AN IRON PIPE AT THE NORTHWESTERLY CORNER OF SAID CERTAIN TRACT OF LAND DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 4744487; THENCE SOUTH 18°30'20" WEST ALONG THE WESTERLY LINE OF SAID TRACT 835.35 FEET TO THE SOUTH LINE OF THE SOUTHEAST'/ OF THE NORTHWEST % OF SAID SECTION; THENCE NORTH 87°56'03" WEST ALONG SAID SOUTH LINE 186.03 FEET TO THE POINT OF BEGINNING; AND EXCEPT COUNTY ROADS; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9015: ver. 05-26-09 Exhibit 2-13 PARCEL A OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L06-029 RECORDED UNDER RECORDING NO. 20060913900003; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87°59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87°59'06" EAST 328.00 FEET; THENCE NORTH 16°56'40" EAST 262.12 FEET; THENCE NORTH 47°11'37" WEST TO THE EASTERLY RIGHT-OF-WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9018: LOT B OF BOUNDARY LINE ADJUSTMENT NO. L99-0008, RECORDED UNDER KING COUNTY RECORDING NO. 9906099010, RECORDS OF KING COUNTY, WASHINGTON; BEING A PORTION OF GOVERNMENT LOT 5 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9019: THAT PORTION OF THE SOUTHWEST Vi OF THE NORTHEAST 1/4 OF THE NORTHWEST %4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING SOUTH AND WEST OF P.J. MUSIEL ROAD (SOUTH 178TH STREET), DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST % OF THE NORTHEAST %a OF THE NORTHWEST % OF SAID SECTION; THENCE SOUTH 87°50'57" EAST 286.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 23°27'57" EAST 147.13 FEET; THENCE SOUTH 87°50'57" EAST 25 FEET; THENCE NORTH 23°27'57" EAST 180 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY MARGIN OF SAID P.J. MUSIEL ROAD; THENCE SOUTH 55°13'03" EAST ALONG SAID SOUTHERLY MARGIN 195.78 FEET; THENCE ALONG THE WESTERLY MARGIN OF SAID MUSIEL ROAD SOUTH 29°37'57" WEST 224.57 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE NORTH 87°50'57" WEST ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE ver. 05-26-09 Exhibit 2-14 20090617000114.060 _SOUTHWEST 1/4OF THE NORTHEAST 1/4 OF THE NORTHWEST '/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE SOUTH LINE THEREOF, SOUTH 87°50'57" EAST 365.16 FEET; THENCE NORTH 02°09'03" EAST 137.09 FEET; THENCE NORTH 23°27'57" EAST 179.32 FEET TO THE SOUTHWESTERLY MARGIN OF SOUTH 178TH STREET; THENCE ALONG SAID MARGIN SOUTH 60°38'09" EAST 10.11 FEET; THENCE ALONG SAID MARGIN SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 208.74 FEET, A DISTANCE OF 10.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID MARGIN AND SAID CURVE A DISTANCE OF 70.00 FEET; THENCE SOUTH 21°38'27" WEST 120.39 FEET; THENCE NORTH 68°52'03" WEST 70.06 FEET; THENCE NORTH 23°27'57" EAST 145.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6405581; TOGETHER WITH THOSE PORTIONS OF MUSIEL ROAD (SOUTH 178TH STREET) VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 556 WHICH ATTACHED THERETO BY OPERATION OF LAW; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9025: THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 01°49'41" WEST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35, A DISTANCE OF 757.08 FEET TO THE NORTHERLY MARGIN OF SOUTH 178TH STREET (P.J. MUSIEL COUNTY ROAD); THENCE NORTH 65°22'03" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 240.64 FEET; THENCE NORTH 47°46'03" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 341.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF PRIMARY STATE HIGHWAY NO. 1 (JUNCTION S. S. H. NO. 5A TO SOUTH 178TH STREET); THENCE NORTH 09°32'33" EAST, ALONG SAID EAST RIGHT- OF-WAY LINE, A DISTANCE OF 240.39 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 11,199.16 FEET, AN ARC DISTANCE OF 209.74 FEET, THROUGH A CENTRAL ANGLE OF 01 °04'23", TO THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 87°45'57" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 419.14 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED SOUTH 178TH STREET ADJOINING, PURSUANT TO ORDINANCE NO. 8238, WHICH UPON VACATION, ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9027: ver, 05-26-09 Exhibit 2-15 20090617000114.061 THE NORTH 25.25 FEET OF THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 87°45'57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 'A, A DISTANCE OF 481.05 FEET, TO THE WESTERLY MARGIN OF THE SOUTHCENTER PARKWAY; THENCE SOUTH 11°59'33" EAST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 1,007.07 FEET; THENCE CONTINUING SOUTH 11°59'33" EAST, ALONG SAID MARGIN, A DISTANCE OF 94.05 FEET; THENCE SOUTH 78°00'27" WEST A DISTANCE OF 68.93 FEET TO AN ANGLE POINT ON THE OLD ALIGNMENT OF SOUTH 178TH STREET (FORMERLY KNOWN AS P.J. MUSIEL COUNTY ROAD); THENCE SOUTH 20°03'27" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A DISTANCE OF 221.29 FEET TO A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, BEING THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET; THENCE NORTH 87°50'57" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 233.08 FEET TO A POINT OF CURVE; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169.17 FEET, THROUGH A CENTRAL ANGLE OF 85°35'34", TO A POINT OF REVERSE CURVE; THENCE ALONG SAID NORTHERLY MARGIN, ON A CURVE TO THE LEFT HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 29.43 FEET, THROUGH A CENTRAL ANGLE OF 06°16'32", TO THE OLD CENTERLINE OF SAID SOUTH 178TH STREET; THENCE NORTH 29°42'27" EAST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE NORTH 55°08'33" WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET TO THE TRUE POINT OF BEGINNING, AND FROM WHICH SAID TRUE POINT OF BEGINNING, POINT "A" WHICH IS TO BE USED FOR LATER REFERENCE HEREIN, LIES NORTH 37°55'55" EAST, A DISTANCE OF 173.09 FEET; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 62°56'38" WEST, HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 157.50 FEET, THROUGH A CENTRAL ANGLE OF 33°34'48"; THENCE NORTH 60°38'10" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 204.96 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 508.59 FEET, AN ARC DISTANCE OF 25.52 FEET, THROUGH A CENTRAL ANGLE OF 02°52'29"; THENCE NORTH 63°30'39" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 290.59 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 01°49'41" EAST, ALONG SAID WEST LINE, TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE EASTERLY, ALONG SAID SOUTH LINE, TO INTERSECT A LINE WHICH BEARS NORTH 52°44'03" WEST FROM THE AFOREMENTIONED POINT "A"; THENCE SOUTH 52°44'03" ver. 05-26-09 Exhibit 2-16 EAST TO SAID POINT "A", WHICH POINT IS THE MOST SOUTHERLY CORNER OF A TRACT OF LAND CONVEYED TO AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 16, 1970 UNDER RECORDING NO. 6704630; THENCE SOUTH 37°55'55" WEST 173.09 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9032: THAT PORTION OF THE SOUTHEAST %4 OF THE NORTHWEST '/a OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 88° 53' 32" WEST ALONG THE NORTH LINE THEREOF, 101.47 FEET; THENCE SOUTH 08° 43'18" WEST 477.17 FEET; THENCE SOUTH 17° 59' 30" WEST 247.69 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 17° 59' 30" WEST 151.00 FEET; THENCE SOUTH 71° 43' 40" EAST 203.51 FEET; THENCE NORTH 16° 28' 50" EAST 151.08 FEET; THENCE NORTH 71° 43' 40" WEST 199.53 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM THE COUNTY ROAD; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9033: THE SOUTH 660 FEET OF THE SOUTHWEST 1/4 OF THE NORTHWEST %a OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 792 FEET THEREOF; AND EXCEPT THAT PORTION LYING NORTHWEST OF THE CITY OF SEATAC — CITY OF TUKWILA CORPORATE BOUNDARY AS ESTABLISHED BY TUKWILA ORDINANCE #269. PARCEL 352304-9036: PARCEL C OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L99- 0008, AS RECORDED UNDER RECORDING NO. 9906099010, RECORDS OF KING COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9038: PARCEL A: THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 87°45'57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 'V, A DISTANCE OF' 481.05 FEET, TO THE WESTERLY MARGIN OF THE SOUTHCENTER ver. 05-26-09 Exhibit 2-17 20090617000114.063 PARKWAY; THENCE SOUTH 11 °59'33" EAST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 1,007.07 FEET; THENCE CONTINUING SOUTH 11 °59'33" EAST, ALONG SAID MARGIN, A DISTANCE OF 94.05 FEET; THENCE SOUTH 78°00'27" WEST A DISTANCE OF 68.93 FEET TO AN ANGLE POINT ON THE OLD ALIGNMENT OF SOUTH 178TH STREET (FORMERLY KNOWN AS P.J. MUSIEL COUNTY ROAD); THENCE SOUTH 20°03'27" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A DISTANCE OF 221.29 FEET TO A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST'/, BEING THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET;THENCE NORTH 87°50'57" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 233.08 FEET TO A POINT OF CURVE; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169.17 FEET, THROUGH A CENTRAL ANGLE OF 85°35'34", TO A POINT OF REVERSE CURVE; THENCE ALONG SAID NORTHERLY MARGIN, ON A CURVE TO THE LEFT HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 29.43 FEET, THROUGH A CENTRAL ANGLE OF 06°16'32", TO THE OLD CENTERLINE OF SAID SOUTH 178TH STREET; THENCE NORTH 29°42'27" EAST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE NORTH 55°08'33" WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH I 78TH STREET TO THE TRUE POINT OF BEGINNING, AND FROM WHICH SAID TRUE POINT OF BEGINNING, POINT "A" WHICH IS TO BE USED FOR LATER REFERENCE HEREIN, LIES NORTH 37°55'55" EAST, A DISTANCE OF 173.09 FEET; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 62°56'38" WEST, HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 157.50 FEET, THROUGH A CENTRAL ANGLE OF 33°34'48"; THENCE NORTH 60°38'10" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 204.96 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 508.59 FEET, AN ARC DISTANCE OF 25.52 FEET, THROUGH A CENTRAL ANGLE 'OF 02°52'29"; THENCE NORTH 63°30'39" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 290.59 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 01°49'41" EAST, ALONG SAID WEST LINE, TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE EASTERLY, ALONG SAID SOUTH LINE, TO INTERSECT A LINE WHICH BEARS NORTH 52°44'03" WEST FROM THE AFOREMENTIONED POINT "A"; THENCE SOUTH 52°44'03" EAST TO SAID POINT "A", WHICH POINT IS THE MOST SOUTHERLY CORNER OF A TRACT OF LAND CONVEYED TO AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 16, 1970 UNDER RECORDING NO. 6704630; THENCE SOUTH 37°55'55" WEST 173.09 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE NORTH 25.25 FEET THEREOF; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. ver. 05-26-09 Exhibit 2-18 20090617000114.064 PARCEL B: THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 ; THENCE NORTH 87°45'57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 481.05 FEET, TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 11 °59'33" EAST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 1,007.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 11 °59'33" EAST, ALONG SAID MARGIN, A DISTANCE OF 94.05 FEET; THENCE SOUTH 78°00'27" WEST A DISTANCE OF 68.93 FEET TO AN ANGLE POINT OF THE OLD ALIGNMENT OF SOUTH 178TH STREET (FORMERLY KNOWN AS P.J. MUSIEL COUNTY ROAD); THENCE SOUTH 20°03'27" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A DISTANCE OF 221.29 FEET TO A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, BEING THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET; THENCE NORTH 87°50'57" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 233.08 FEET TO A POINT OF CURVE; THENCE ALONG SAID NORTHERLY MARGIN, ON A CURVE TO THE RIGHT HAVING A RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169.17 FEET, THROUGH A CENTRAL ANGLE OF 85°35'34" TO A POINT OF REVERSE CURVE; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE LEFT, HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 29.43 FEET, THROUGH A CENTRAL ANGLE OF 06°16'32" TO THE OLD CENTERLINE OF SAID SOUTH 178TH STREET; THENCE NORTH 29°42'27" EAST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE NORTH 55°08'33" WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET; THENCE NORTH 37°55'55" EAST 173.09 FEET TO THE MOST SOUTHERLY CORNER OF A TRACT OF LAND CONVEYED TO AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 16, 1970 UNDER RECORDING NO. 6704630; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID CONVEYED TRACT, NORTH 42°30'27" EAST, A DISTANCE OF 106.34 FEET, ALONG THE SOUTHEASTERLY LINE OF AMERICAN NATIONAL INSURANCE'S TRACT TO THE INTERSECTION OF THE SOUTHWESTERLY LINE OF A TRACT CONVEYED TO LAUREL DEVELOPMENT CO., A WASHINGTON CORPORATION, BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 7611100056; THENCE ALONG THE SOUTHERLY LINE OF SAID LAUREL DEVELOPMENT CO. TRACT, SOUTH 51 °25' 11" EAST, A DISTANCE OF 57.27 FEET; THENCE SOUTH 45°56'15" EAST A DISTANCE OF 62.15 FEET; THENCE SOUTH 51°32'16" EAST A DISTANCE OF 47.25 FEET; THENCE SOUTH 76°31'22" EAST A DISTANCE OF 72.20 FEET; THENCE SOUTH 87°45'57" EAST A DISTANCE OF ver. 05-26-09 Exhibit 2-19 20090617000114.065 120.00 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9040: THAT PORTION OF THE SOUTHEAST''/4 OF THE NORTHWEST'/ OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87°51'01" EAST ALONG THE NORTH LINE OF SAID SUBDIVISION 800.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH PERPENDICULAR TO THE SAID NORTH LINE OF SAID SUBDIVISION 250.00 FEET; THENCE EAST PARALLEL WITH SAID NORTH LINE OF SAID SUBDIVISION TO THE WEST LINE OF COUNTY ROAD NO. 540; THENCE NORTHERLY ALONG THE SAID WESTERLY LINE OF SAID COUNTY ROAD TO THE INTERSECTION, WITH THE SAID NORTH LINE OF SAID SUBDIVISION; THENCE NORTH 87°57'01" WEST ALONG SAID NORTH LINE OF SAID SUBDIVISION 335.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT COUNTY ROAD; EXCEPT THAT PORTION CONDEMNED IN KING COUNTY CAUSE NO. 698092 BY THE CITY OF TUKWILA FOR ROAD PURPOSES; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF TUKWILA IN CONCOMITANT ZONING AGREEMENT RECORDED UNDER RECORDING NO. 8708270391; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9041: THAT PORTION OF THE SOUTHWEST'/4 OF THE SOUTHWEST VIAND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID ver. 05-26-09 Exhibit 2-20 20090617000114.066 LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9045: THAT PORTION OF THE SOUTHWEST 'A OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST %4 OF SAID SECTION 35; THENCE SOUTH 87° 59' 06" EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4, 835.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87° 59' 06" EAST, ALONG SAID SOUTH LINE, 438.99 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76; . THENCE NORTH 01° 53' 23" WEST, ALONG SAID MARGIN, 216.74 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 306.48 FEET, THROUGH A CENTRAL ANGLE OF 02° 52' 12", AN ARC DISTANCE OF 15.35 FEET TO A SURVEY MONUMENT ON THE SOUTH LINE OF THE NORTH 1,089.31 FEET OF SAID SOUTHWEST %4 OF THE SOUTHWEST 1/4 OF SECTION 35; THENCE NORTH 87° 57' 17" WEST ON THE SOUTH LINE, 331.09 FEET, MORE OR LESS, TO A SURVEY MONUMENT; THENCE NORTH 47° 11' 37" WEST 32.95 FEET; THENCE SOUTH 16° 56' 40" WEST 262.12 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9049: THE NORTH 490 FEET OF THE EAST 100 FEET OF THAT PORTION OF THE SOUTHWEST %4 OF THE SOUTHWEST'/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH BOUNDARY LINE OF THE SOUTHWEST 'A OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION BEARS NORTH 89°03'20" WEST, A DISTANCE OF 507.00 FEET; THENCE ALONG SAID SOUTH LINE SOUTH 89°03'20" EAST TO THE WESTERLY LINE OF COUNTY ver. 05-26-09 Exhibit 2-21 20090617000114.067 ROAD; THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE OF SAID COUNTY ROAD, TO ITS INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST % OF THE SOUTHWEST % OF SECTION 35; THENCE NORTHERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE THEREOF, 100.00 FEET; THENCE SOUTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION 490.00 FEET; THENCE WESTERLY ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 1238.31 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG SAID WEST LINE TO ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THE ORILLIA ROAD EXTENSION; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF SAID ROAD TO ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND HERETOFORE CONVEYED TO KING COUNTY BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, RECORDS OF KING COUNTY, RECORDED UNDER RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE TO AN ANGLE POINT HEREIN;THENCE CONTINUING SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT, 731.2 FEET TO THE PLACE OF BEGINNING; EXCEPT ANY PORTION THEREOF LYING WITHIN A TRACT OF LAND CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 3353356; SITUATE IN THE, CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9050: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9051: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE ORILLIA ROAD EXTENSION, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 35;THENCE SOUTH 87°56'00" EAST ALONG EAST AND WEST CENTER LINE ver. 05-26-09 Exhibit 2-22 20090617000114.068 960 FEET; THENCE SOUTH 53°24'59" WEST 727.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38°42'02" EAST 1144.63 FEET TO SOUTH LINE OF NORTHWEST QUARTER OF SOUTHWEST QUARTER; THENCE SOUTH 87°57'00" EAST ALONG SAID SOUTH LINE 100 FEET TO SOUTHEAST CORNER SAID SUBDIVISION; HENCE NORTH 04°04'00" EAST ALONG EAST LINE TO A POINT BEARING SOUTH 85°56'00" EAST FROM BEGINNING; THENCE NORTH 85°56'00" WEST TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION LYING WITHIN THAT CERTAIN TRACT CONVEYED TO CHARLES C. STRONG AND OTHERS, DATED JULY 5, 1904, AND RECORDED UNDER RECORDING NO. 322573; AND EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SC# 590470 FOR PRIMARY STATE HIGHWAY NO. 1. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9055: LOT 1 OF SHORT PLAT NO. 86-45-SS, RECORDED UNDER KING COUNTY RECORDING NO. 8609081152; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9065: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87°58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87°58'28" EAST 80 FEET; THENCE NORTH 15°00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87°58'28" WEST 80 FEET; THENCE SOUTH 15°00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF . WASHINGTON. PARCEL 352304-9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26°48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH ver. 05-26-09 Exhibit 2-23 20090617000114.069 87°58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15°00'00' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9068: THAT PORTION OF THE SOUTHWEST %4 OF THE SOUTHWEST %4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 04° 04' 20" WEST, ALONG THE EASTERLY LINE OF SAID SUBDIVISION, A DISTANCE OF 490 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87° 57' 17" WEST, PARALLEL WITH THE NORTHERLY LINE OF SAID SUBDIVISION, A DISTANCE OF 843.32 FEET TO A POINT WHICH IS SOUTH 87° 57' 17" EAST 495 FEET FROM THE WESTERLY LINE OF SAID SUBDIVISION; THENCE SOUTH 282.00 FEET TO THE THREAD OF A CREEK FLOWING SOUTHEASTERLY; THENCE SOUTH 47° 11' 37" EAST 486.74 FEET TO A POINT ON THE THREAD OF SAID CREEK; THENCE SOUTH 87° 57' 17" EAST 338.76 FEET TO AN INTERSECTION WITH THE WESTERLY MARGIN OF MESS BROS. COUNTY ROAD NO. 76 (57TH AVENUE SOUTH) AS PRESENTLY LOCATED AND HAVING A TOTAL RIGHT OF WAY WIDTH OF 40 FEET; THENCE ALONG SAID ROAD MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 306.48 FEET, THE CENTER OF WHICH BEARS SOUTH 88° 40' 12" EAST, AN ARC DISTANCE OF 143.56 FEET; THENCE NORTH 28° 10' 08" EAST 191.48 FEET TO AN INTERSECTION OF SAID ROAD MARGIN WITH THE EASTERLY LINE OF SAID SUBDIVISION; THENCE NORTH 04° 04' 20" EAST 289.11 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 672088; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05°44'13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87°57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT- OF-WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87°57' 17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT-OF-WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36-00; THENCE SOUTH 82°46'30" WEST 59.85 FEET; THENCE NORTH 07°13'30" WEST 106.15 FEET; THENCE ALONG A ver. 05-26-09 Exhibit 2-24 20090617000114.070 CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9090: THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 114 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 87°50'57" EAST 365.16 FEET; THENCE NORTH 02°09'03" EAST 137.09 FEET; THENCE NORTH 23°27'57" EAST 179.32 FEET TO THE SOUTHWESTERLY MARGIN OF SOUTH 178TH STREET; THENCE ALONG SAID MARGIN SOUTH 60°38'09" EAST 10.11 FEET; THENCE ALONG SAID MARGIN SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 208.74 FEET, A DISTANCE OF 10.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID MARGIN AND SAID CURVE A DISTANCE OF 70.00 FEET; THENCE SOUTH 21°38'27" WEST 120.39 FEET; THENCE NORTH 68°52'03" WEST 70.06 FEET; THENCE NORTH 23°27'57" EAST 145.00 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9104: THAT PORTION OF GOVERNMENT LOT 5 AND OF THE SOUTHWEST'/ OF THE NORTHEAST'/ OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A MONUMENT AT NORTHEAST CORNER OF SAID SOUTHWEST ✓ OF THE NORTHEAST'/; THENCE SOUTH 07°44'56" WEST 956.67 FEET TO A POINT OF A CURVE; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2500 FEET THROUGH A CENTRAL ANGLE OF 05°22'20", AN ARC DISTANCE OF 234.41 FEET; THENCE NORTH 76°52'44" WEST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 69°15'04" WEST 55.31 FEET; THENCE NORTH 30°55' 15" WEST 56.43 FEET; THENCE NORTH 82°15'04" WEST 185.24 FEET; THENCE SOUTH 07°44'56" WEST 51.23 FEET; THENCE ALONG A CURVE TO THE RIGHT RADIUS 447.465 FEET THROUGH A CENTRAL ANGLE OF 13°00'00" AN ARC DISTANCE OF 108.33 FEET; THENCE SOUTH 20°44'56" WEST 396 FEET; THENCE SOUTH 69°15'04" EAST 180 FEET; THENCE SOUTH 20°44'56" WEST 15 FEET; THENCE SOUTH 69°15'04" EAST 85.77 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 2470 FEET THROUGH A CENTRAL ANGLE OF 13°22'12" AN ARC DISTANCE OF 576.38 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. ver. 05-26-09 Exhibit 2-25 20090617000fifiort PARCEL 352304-9108: A 20.0 FOOT WIDE STRIP OF LAND LOCATED WITHIN THAT PORTION OF THE EAST 1/ 2 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF THE SOUTHERLY LINE OF SOUTH I80TH STREET, HAVING 10.0 FEET OF SUCH WIDTH ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A MONUMENT AT THE INTERSECTION OF THE CENTERLINE OF ANDOVER PARK WEST WITH THE CENTERLINE OF SOUTH 180TH STREET; THENCE SOUTH 87°50'09" EAST, 309.00 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 08°25'33", AN ARC DISTANCE OF 44.12 FEET; THENCE ALONG A CURVE TO THE RIGHT, WHOSE CENTER BEARS NORTH 77°23'28" WEST, HAVING A RADIUS OF 572.96 FEET, THROUGH A CENTRAL ANGLE OF 03°49'21", AN ARC DISTANCE OF 38.23 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 572.96 FEET, THROUGH A CENTRAL ANGLE OF 00°25'46", AN ARC DISTANCE OF 4.29 FEET, TO A POINT OF COMPOUND CURVE; THENCE ALONG A 14° CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 58° 14' 17", AN ARC DISTANCE OF 415.99 FEET; THENCE SOUTH 75°05'56" WEST, 139.64 FEET TO A POINT OF CURVE; THENCE ALONG A 14° CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 55°41'00", AN ARC DISTANCE OF 397.74 FEET; THENCE SOUTH 19°24'56" WEST, 161.29 FEET TO A POINT OF CURVE; THENCE ALONG A 12° CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 11°40'00", AN ARC DISTANCE OF 97.22 FEET; THENCE SOUTH 07°44'56" WEST, 261.95 FEET TO A POINT OF CURVE; THENCE ALONG A 12° CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 13°00'00", AN ARC DISTANCE OF 108.33 FEET; THENCE SOUTH 20°44'56" WEST, A DISTANCE OF 400.00 FEET TO THE TERMINUS OF THIS CENTERLINE; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9109: THAT PORTION OF THE SOUTHWEST % OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, M.M., LYING SOUTH AND WEST OF P.J. MUSIEL ROAD (SOUTH 178TH STREET), DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST %4 OF THE NORTHEAST 14 OF THE NORTHWEST'/4 OF SAID SECTION; THENCE NORTH 01 ° 49' 41" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 , 503.47 FEET TO A POINT ON THE SOUTHERLY MARGIN OF SAID P.J. MUSIEL ROAD; THENCE SOUTH 65° 26 33" EAST ALONG SAID SOUTHERLY MARGIN, 374.01 FEET; THENCE SOUTH 55° 13' 03" EAST 104.12 FEET; THENCE SOUTH 23° 27' 57" WEST 180 FEET; THENCE NORTH 87° 50' 57" WEST 25 FEET; THENCE SOUTH 23° 27' 57" WEST 147.13 FEET; THENCE NORTH 87° 50' 57" WEST 286.71 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF SOUTH 187TH STREET, MUSIEL ROAD, ver. 05-26-09 Exhibit 2-26 20090617000114.072 AS VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 556 AND RECORDED UNDER RECORDING NO. 6516240 EXCEPT THAT PORTION CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 64055081. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9112: LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-SS, RECORDED UNDER KING COUNTY RECORDING NO. 85050906 1 9; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9115 PARCEL E OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02- 029, AS RECORDED UNDER RECORDING NO. 20021007900001; RECORDS OF KING COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9116: PARCEL D OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02- 029, AS RECORDED UNDER RECORDING NO. 20021007900001, RECORDS OF KING COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9117: THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87°58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01°54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88°05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62°10'00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25°55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83°13'26" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70°51'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19°08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19°08'28" WEST 100.00 FEET; THENCE NORTH 70°51'32" WEST 100.00 FEET; THENCE NORTH 19°08'28" ver. 05-26-09 Exhibit 2-27 20090617000114.073 EAST 100.00 FEET; THENCE SOUTH 70°51'32" EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9118: PARCEL F OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L99- 0008, AS RECORDED UNDER RECORDING NO. 9906099010, RECORDS OF KING COUNTY, LOCATED WITHIN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON PARCEL 352304-9119: PARCEL A OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02- 029, AS RECORDED UNDER RECORDING NO. 20021007900001, RECORDS OF KING COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9120: THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE SOUTH 87°50'09" EAST ALONG THE NORTH LINE THEREOF 449.30 FEET; THENCE SOUTH 02°09'51" WEST 36.00 FEET TO THE SOUTH MARGIN OF SOUTH 180TH STREET AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 87°50'09" EAST ALONG SAID SOUTH MARGIN 786.92 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 95°35'05" AN ARC DISTANCE OF 83.41 FEET; THENCE SOUTH 07°44'56" WEST 348.56 FEET; THENCE NORTH 87°50'09" WEST 802.76 FEET; THENCE NORTH 02°09'51" EAST 401.77 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS LOT 3 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 93-0085, RECORDED UNDER KING COUNTY RECORDING NO. 9311301961); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9121: LOT 4 OF BOUNDARY LINE ADJUSTMENT NO. 93-0085, RECORDED UNDER KING COUNTY RECORDING NO. 9311301961, RECORDS OF KING COUNTY, WASHINGTON; BEING A PORTION OF THE SOUTHWEST %4 OF THE NORTHEAST '/ AND GOVERNMENT LOTS 2 AND 5 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. ver. 05-26-09 Exhibit 2-28 20090617000114.074 PARCEL 352304-9017: THAT PORTION OF GOVERNMENT LOT 7, SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY MARGIN OF COUNTY ROAD IN GOVERNMENT LOT 7, IN SAID SECTION AT A POINT SOUTH 89°03'20" EAST 1,656.75 FEET AND NORTH 00°56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08°13'05" EAST 36.70 FEET; THENCE SOUTH 19°59'25" WEST 520.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 73°05'40" EAST 233.32 FEET; THENCE NORTH 16°29'55" EAST 374.00 FEET; THENCE NORTH 66°02'38" WEST 211.14 FEET TO A POINT WHICH BEARS NORTH 19°59'25" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 19°59'25" WEST 420.10 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 0322049020 (ZGRAGGEN EASEMENT AREA): THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE W.M., KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 89° 38' 12"EAST ALONG THE SOUTH LINE OF SAID SUBDIVISION A DISTANCE OF 442.17 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 25° 39'15"EAST 1478.76 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE SOUTH 89° 45'55"WEST ALONG SAID NORTH LINE 112.43 FEET; THENCE SOUTHERLY THE FOLLOWING COURSES; SOUTH 43° 22'57"WEST 64.64 FEET; THENCE SOUTH 34° 43'25"WEST 147.78 FEET; THENCE SOUTH 42° 25'05"WEST 375.79 FEET; THENCE SOUTH 39° 30'43"WEST 99.04 FEET; THENCE NORTH 79° 43'59"WEST 97.03 FEET TO AN ANGLE POINT ON THE BOUNDARY LINE OF THE ST. PATRICK CEMETERY; THENCE SOUTH 32° 46'02"WEST ALONG THE EAST LINE OF SAID CEMETERY A DISTANCE OF 176:58 FEET; THENCE SOUTH 89° 46'02"WEST ALONG THE SOUTH LINE OF SAID CEMETERY 180.04 FEET; THENCE LEAVING THE BOUNDARY OF SAID CEMETERY SOUTH 68° 27'52"WEST 167.68 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE SOUTH 00° 12'08"EAST ALONG SAID WEST LINE 619.60 FEET TO THE POINT OF BEGINNING. ver. 05-26-09 Exhibit 2-29 20090617000114.075 PARCEL 032204-9102: PORTION OF THE SOUTHEAST %4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A STONE MONUMENT WHICH IS THE SOUTHEAST CORNER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE SOUTH 89°36'00" WEST ALONG THE SOUTH LINE OF SAID SECTION 3, A DISTANCE OF 1,326.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°36'00" WEST, ALONG SAID SECTION LINE, 866.40 FEET; THENCE NORTH 26°08'00" EAST 1,477.50 FEET TO THE SOUTH LINE OF SOUTH 204TH STREET; THENCE SOUTH 89°37'00" EAST, ALONG SAID ROAD, 791.30 FEET; THENCE SOUTH 35°36'00" WEST 973.80 FEET, ALONG THE WEST BANK OF DRAINAGE DITCH; THENCE SOUTH 0°38'00" WEST 522.90 FEET, ALONG THE WEST BANK OF DRAINAGE DITCH TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. TOGETHER WITH ALL RIGHTS, TITLE, INTERESTS, LICENSES, PRIVILEGES, REVERSIONS AND EASEMENTS APPURTENANT OR ATTACHING THERETO BY OPERATION OF LAW TO ALL OF THE ABOVE DESCRIBED PARCELS. ver. 05-26-09 Exhibit 2-30 20090617000114.076 1 _r1 i ;I 2. i ilf-1-7117 1 11 , _1 I \ r !. • 1... s• ii LtK k ``N ZE ' `4kiggo I II U. < Z Z 1 -4i a gg: ) I ) Z- i t • i /1-- r i t - • --- •-.:_-- -r- i , = • :",.......- , '///' : 1 1 1 -..ii-.. —1, - 1 , :.__IL____. I it --- ---, .---r--' •,:---- —,- - - ,.•••••-• ' i • -4 , i ,4.,._ ..„.,,,,-;%.1,__,...,,,,,, _ , ', i ..* • ; 0 1 1 i :; L ,'•-•i, • .-471',,t,•-.*. ,../ \ts., —4— - ---r L. .1-1 .‘s .11 LiLL ---•,.--,-• _.,--;.-;.;-,...- • --.-...-----...).-- . 1" • _ E .c.,...*:\--- - • •• • • --'e ,./' i‘'. I /..---- ,tr, , 11 -.,,,,,/,, 0 it, ___ .,.E ...., jiii!‹..--/ , . • 1.z. ___ -._=-,.,-...7-; 1 1! 7 ! "-3.-...,.. 1 .; ;5.,_ -71 § r-- -- 7-..1-r-rffri • / ..--if.+0.1 1 I :_i4i. ; ,- • , co Ye) 1- 4 tr+ z ct co to IL< z La la > uln- X W ow V) Ca --I 0 Z 2 5 5 A 5 A g , . • r- r—niPP:TOm r-?121‘ 1 fr-Lp • i — r•-p`l-errri rith yam; 1:3(1111-2, TO r.2_74 -1-11-11,,q P1-1-1 Pr.!: i -to fli 'IA 1:4 Earau.. 9 Lati s'ciETITUVIT74<-4-4rE r.. 111 - • • Li LL11-3 L2-11":„.e.• - T • •••:.•,.>%/1-A0 , I , rrn-r riFt.if Li r •-•rt- "fiTrj M•r t4 111di 4-'1 ;1•:11 H11. 711, T1 ▪ -ri1 rr-" 71 In ro , • onurwar2Von 8 Exhibit 3 20090617000114.077 [OLUNSWOERMAN • f-• La Piania LLC I TUKWILA SOUTH PROJECT MASTER PLAN I III MAY 2009 20090617000114.078 COLLINSWOERMAN TABLE OF CONTENTS • PAGE NUMBER VISION 1 GUIDING PRINCIPLES 3 LAND USE ELEMENTS 7 NATURAL ENVIRONMENT 15 INFRASTRUCTURE TIMING 19 DEVELOPMENT PHASING 21 APPENDIX A • La Pianta LLC I TUKWILA SOUTH PROJECT MASTER PLAN I 11111 20090617000114.079 COLUNSWOERMAN VISION • La Pianta LLC I TUKWILA SOUTH PROJECT MASTER PLAN 11111 MAY 1009 VIS1O N This Master Plan document defines the goals, objectives and vision of Segale Properties to transition almost 500 acres of mostly undeveloped property in Tukwila, Washington, to a memorable regional destination that can compete nationally and internationally for employers and goods and services. With nearly 500 acres of land five minutes from SeaTac Airport and adjacent to 1-5, the Tukwila South project site is the largest private development parcel in the greater Seattle area. Properly planned and implemented, the project will provide 25,000 new jobs and join the University of Washington, Microsoft and Boeing Everett as the region's fourth major, "non -Central Business District" employment center. It will become a major new urban node in the region and provide significant benefits to the city of Tukwila and improve the quality of life of its residents. Because of the sheer size of the site, the implementation of this vision will span many development cycles over 25 to 30 years. The initial value created by early development efforts will allow infill development in future cycles that will continue to build value for the property and increase density over time. The Tukwila South development strategy emphasizes multiple uses, including 5 to 10 million square feet of office technology/flex-tech space, 1 to 2 million square feet of goods and services, and 700 to 1,900 units of housing. These uses will be grouped in fine-grained, pedestrian -oriented districts. A well -planned multi -use environment will also help mitigate development risk as the markets for various uses fluctuate from development cycle to development cycle. The Tukwila South Master Plan's measures to protect and enhance the site's natural environment include the enhancement ofJohnson Ditch into a fish -friendly tributary, the creation of back -water fish habitat in the Green River, and the restoration of a 32-acre wetland complex. The project's design will integrate its transportation infrastructure, develop shared parking concepts, and create internal natural environments with visual connections to the green amenity of its western hillside and the open space amenity of the Green River to the east. VISION COLLINSWOERMAN La Pianta LLC I TUKWILA SOUTH PROJECT MASTER PLAN 1 111 MAY 2609 THE MASTER PLAN AND THE CITY'S COMPREHENSIVE PLAN The Tukwila South Master Plan's vision and guiding principles mirror and reinforce those set out in the City ofTukwila's Comprehensive Plan. As described in this document, Tukwila South will substantially aid the City in creating "safe and secure places to live" and "an economy that provides jobs, ways to get around, schools, and recreational opportunities" all identified as core reasons for the creation of its Comprehensive Plan. The Master Plan also allows the City opportunities to satisfy the Growth Management Act requirements set out in the Comp Plan's introduction, including the identification of"Urban Growth Areas that can accommodate at least 20 years of new population and employment"and the identification and protection of"open space corridors of regional significance,' Most importantly, it materially assists what is identified as the Comp Plan's primary charge: to preserve and enhance'Tukwila's long-term economic growth and community viability and identity" The Master Plan represents a rare opportunity to create a strong and appealing identity for the site itself and serve as a highly visible, memorable gateway to the city of Tukwila as a whole. Southcenter Parkway (57th Avenue 5) will be expanded and extended through the site in a new alignment; this will provide an improved connection to the area from the Tukwila Urban Center. Improved east -west access will be provided by realignment of 5 178th Street; a future east -west access from Orillia Road to the site will also be developed to accommodate full buildout. Some modification of the western hillside will occur, but the majority of the hillside will remain untouched as an amenity. Portions of the hillside on the north end of the property will be graded and re-Iansdscaped to accomodate the relocation of S 178th Street and to provide fill material for the project. On the south end of the site, north of 5 200th Street, it is expected that portions of the hillside will be graded to accommodate development. Special design consideration will be covered by residential design guidelines to be developed and adopted prior to residential development. El TUKWILA SOUTH PROJECT MASTER PLAN La Pianta LLC MAY ZOOS On -site amenities will include landscaped open space, plazas and courtyards, and a pedestrian/bicycle pathway along the Green River. Because the Tukwila South Master Plan Is organized around a combination of campus -type research and office environments and districts, the quality of building design will likely be substantially higher than that found in the surrounding industrial and retail uses. Building design, construction, and materials will be of Institutional quality, and coordinated through comprehensive urban design principles. The Master Plan is consistent with City goals calling for zoning and development regulations that encourage growth in certain areas, promote economic use of industrial lands outside the MKC, and retain large parcels in order to facilitate their efficient use. Tukwila South is one of the areas considered for new employment and residential growth in the Comprehensive Plan.. A mix of uses will be oriented along Southcenter Parkway. The density of development on the site will support transit use and a secondary onsite street system will be developed with pedestrian circulation in mind, with features such as sidewalks and appropriate signage for pedestrians. The site will be organized around pedestrian -oriented circulation systems, with simplified vehicular circulation, to foster linkages within the campus(es). COWNSWOERMAN 180171,6000L190600Z 20090617000114.082 COLUNSWOERMAN GUIDING PRINCIPLES La Pianta LLC I TUKWILA SOUTH PROJECT MASTER PLAN I III MAY 2909 20090617000114.083 Communities are not instant creations of urban designers. They are places that grow and evolve as changing needs, opportunities and personalities contribute to their form. The best communities build on their history and background while creating a bold vision for the future. BACKGROUND The Tukwila South project represents an opportunity for the City to enhance its competitive position in the regional marketplace. At approximately 500 acres, the site's sheer size, combined with the consolidated land ownership, existing lower density uses, and proximity to the airport, it is certain to attract attention from national and international companies seeking expansion opportunities. The property currently contains a mix of industrial and agricultural uses with a high potential for redevelopment and the ability to transition to a dynamic urban multi -use district as it phases out its existing, lower - density uses. The Segale family has been systematically assembling property within the Tukwila South area for over 50 years. While there have been discussions about development and markets that could havefilled the property with many of the retail and industrial uses common to this part of the Valley, the land has yet to see its first significant development. The guiding principles developed for the project arose from the history of the Segale family, the natural beauty of Puget Sound and the site's key characteristics. With this background as our starting point, we have created the following ten guiding principles for theTukwila South Master Plan. It is from these that our development plan has been conceived. Additional information on the background of these principles are located within the appendix of this Master Plan. COLLINSWOERMAN PRINCIPLE #1: LONG-TERM VISION The development of Tukwila South will be guided by a long-term vision that will create a different, more cohesive development pattern than if the property was developed on a parcel -by -parcel basis. A long-term vision requires a commitment to make decisions and investments that support its development. The Segale family has committed to this long-term vision and to building out the site's central infrastructure including temporary and permanent stormwater and erosion control, mitigation for environmental impacts, mass grading and relocation of the existing flood protection barrier dike as the initial phase. This investment will ensure the long-term plan is implemented. PRINCIPLE #2: CREATING A DESTINATION The Tukwila South project will become a regional destination. Tukwila South is a regionally visible site. The site is considered"close in" in real estate terms and is adjacent to one of the region's largest retail destinations. Many of the valley's residents and businesses move through or around the site daily. Its access and visibility from the valley and eastern edge neighborhoods make it a natural regional destination. The site's initial value is enhanced by its proximity to significant regional Investments such as SeaTac Airport, the Southcenter retail district, and 1-405,1-5, SR 167 and many other local arterials. The Master Plan will ensure these assets are leveraged. La Manta LLC TUKWILA SOUTH PROJECT MASTER PLAN I III MAY 2499 PRINCIPLE #3: BUILDING VALUE Development decisions will be weighed by their ability to maximize the site's potential to create value. Tukwila South's full potential can only be reached through the implementation of a long-term strategic vision that uses each newly -developed parcel to lift the value of the remaining parcels. This vision and Master Plan will span many development cycles. Early developments will include low-cost surface parking .lots and lower density commercial uses that will allow room for future infill development and redevelopment when structured parking makes economic sense. As the value of the land increases, redevelopment of surface parking tots and infill sites will follow to maximize future density. This can only occur because a significant share of the site is in single ownership. At just under 500 acres, Tukwila South could include regional employment, housing, and goods and services. Multi -use districts will allow many of these uses to work together by sharing infrastructure, parking, and access. These districts will enable the creation of a highly desirable, fine-grained pedestrian environment. When housing, jobs, and goods and services are located appropriately, a community is created. PRINCIPLE #4: MULTI -USE Tukwila South will include employment, goods and services, and housing. The project will be multi -use and include a wide range of businesses instead of focusing on industrial and retail users. Residential is also being considered to bring additional vitality to the area. A development strategy that emphasizes multiple uses will increase the rate of development and create a more desirable environment for each use: retail supports housing and jobs, housing supports retail and jobs, jobs support retail and housing. This diversity of uses will support the creation of destination districts, increase the project's overall value, and enhance the vitality of the city ofTukwila. The market value of office and hotel uses will be increased by having retail and restaurant uses nearby. A well -planned multi -use environment will also help mitigate development risk as the markets for various uses fluctuate from development cycle to development cycle. Careful consideration of use adjacencies is essential to ensure efficient sharing of 111 TUKWILA SOUTH PROJECT MASTER PLAN I La Pianta LLC MAY 2009 amenities, parking and infrastructure. Initial planning configurations must also keep future infill development opportunities in mind to ensure judicious use of each square foot of the projects land. PRINCIPLE #5: INCREASING DENSITY OVER TIME Tukwila South will be planned to accommodate increased density over time. As noted in the discussion of Principle #3, the surface parking lots dictated by today's market opportunities for employment, goods and services, and housing will provide the basis for each developing district, enabling Its evolution over time into a denser environment. With .each development, the district will become more desirable. This increase in value will allow infill development in the early -phase parking lots and. redevelopment of lower density commercial uses. Early -phase uses must, therefore, be carefully chosen to complement each other and serve as engines for futu re development. It is essential to pick the right retailers, the right employment clusters, and the right mix of housing to create the synergy necessaryto allow all of the uses to thrive. PRINCIPLE #6: QUALITY ENVIRONMENT Tukwila South will create a memorable and regionally identifiable place. Tukwila South will build on the Northwest tradition of quality outdoor environments by integrating its iconic outdoor spaces with high quality indoor spaces. Quality building materials combined with traditional Puget Sound building elements (canopies, lush landscaping, etc.) will create memorable and regionally identifiable environments that help attract world - class talent. Growth in the regional economy is expected to come in four major sectors: aerospace, life sciences, information technology, and trade and logistics. Due to its size and location, Tukwila South is perfectly situated to bring these new types of jobs to the city of Tukwila. COLLINSWOERMAN 1+90'1/6 6000L 690600Z Because these businesses need to attract the best and brightest, they demand a very high quality work environment. Tukwila South offers the opportunity to live and work in a single location, increasingly associated with a high quality of life. Beautifully designed public spaces will be required to connect jobs with goods and services, and goods and services and jobs with housing. The people who work at Tukwila South will want a development environment that is clean, safe, well organized, and convenient. More than that, like many who live and work in the Northwest, they value quality outdoor environments. Tukwila South's outdoor and indoor environments will be integrated wherever possible, and the project's amenities will provide a variety of on -site recreational opportunities and connections to the site's outdoor environments. The buildings and the spaces between the buildings will be designed to work together. Institutional - quality building materials and landscape design will support memorable buildings that become Tukwila South's image in the Puget Sound. Establishing clear boundaries and gateways for the project will help define Tukwila South in its environment. PRINCIPLE #7: CONNECTIONS Tukwila South will connect externally to neighboring and regional assets, as well as internally by connecting its districts and their uses. The Tukwila South Master Plan connects the project to its surroundings on many different levels: — Extending Southcenter Parkway through the site to S 200th Street not only connects the property to regional infrastructure, but allows efficient circulation for the site's users and creates a new gateway to the Tukwila Urban Center. — Relocating S 178th Street connects adjacent neighborhoods to Tukwila South's new neighborhood goods and services and provides an access point with greater capacity and safety. COLLINSWOERMAN — Selecting retailers compatible with Southcenter's existing tenants will allow Tukwila South to connect to Tukwila's reputation as a regional retail center. — The five-minute connection to SeaTac Airport will draw airport tenants, travelers and businesses seeking international relationships to Tukwila South. A future non -auto -based transportation link will further enable the growth of airport -dependent users. — Providing pedestrian connections throughout the project — from district to district, district to trails and amenities, and district to surrounding neighborhoods —will encourage non -auto -based trips and attract residents and employers. — Strategically locating public parking will create a 'park -once" environment that makes it easy for pedestrians to connect to site amenities, goods and services, jobs, and housing. PRINCIPLE #8: AMENITIES Tukwila South will create a comprehensive amenity system that leverages the site's assets. The Tukwila South project is perfectly positioned between two of the area's most striking natural amenities: the wooded hillside to the west, and the Green River to the east. Each of these offers almost unlimited recreational opportunities, as well as views of the river valley and Mt. Rainier. The appropriate mix of goods and services on the site will be viewed as an amenity to housing and office users that will allowTukwila South to be highly competitive in the Puget Sound marketplace, and the pedestrian quality of the project's secondary road system will foster an activated streetscape that will make Tukwila South highly desirable. Finally, the Master Plan will ensure the site's access to nearby amenities such as SeaTac Airport and Tukwila Urban Center's retail hub will be easy and convenient. La Pianta LLC I TUKWILA SOUTH PROJECT MASTER PLAN HO MAY 2909 PRINCIPLE #9: IMPLEMENTATION STRATEGY Development must be strategically phased to successfully transition Tukwila South from an agricultural and Industrial property to an urban destination. While many of the site's infrastructure and planning features will be designed and built in the Initial phase, flexibility must be maintained throughout the vertical development of the districts and the secondary roadway and amenity systems. This flexibility is required to meet changing market conditions. The Infrastructure Development Phase is expected to take three years and is scheduled for the years 2010-2012. At the end of this phase, all of the site's spine infrastructure will be in place. Discussions with potential tenants and development partners have been ongoing concurrent with the planning and infrastructure development efforts. Completing the site's infrastructure all at once will create a sense of certainty about the development's future. The site's first new tenants will take occupancy soon after the completion of infrastructure development. PRINCIPLE #10: ENVIRONMENTAL STEWARDSHIP The Tukwila South project has a huge stake in protecting and enhancing the site's natural environment. The Segale family takes its role as stewards ofTukwila South's environment seriously not only because it is the right thing to do, but because sustainable projects have greater market acceptance. Environmental enhancements include: — Protection and enhancement of pasture wetland and improvement of ditches conveying natural drainage into streams capable of supporting fish rearing and creating nearby"flood-flow refuge"fish habitat within the Green River channel. — Tributary stream fish habitat with associated restored wetlands and flood flow refuge on the Green River mainstem were historically present throughout the lower Green River basin, but are now missing and therefore habitat -limiting for fish and a variety of wildlife. ElTUKWILA SOUTH PROJECT MASTER PLAN I La Pianta L.0 MAY 2674 — Provisions for the re-creation of valuable habitats out of degraded agricultural ditches. In the process, the aquatic habitat enhancement plan will mitigate for filling peripheral and isolated wetlands and ditches now located in active croplands. — Enhancement of Johnson Creek into a fish -friendly tributary connected to the Green River. Creation of back -water fish habitat in the Green River. — Restoration of a wetland complex of approximately 32 acres associated with the tributary drainage of the Green River that was historically present, but now absent in the basin. Sustainable planning concepts will include: — Integrated transit environments — "Park -once" site organization and pedestrian environments — Shared parking concepts — Redevelopment of surface parking Tots — Creating Internal natural environments with visual connections to natural amenities COLLINSWOERMAN 9801716000/190600Z 20090617000114.087 COLUNSWOERMAN LAND USE ELEMENTS La Pianta LLC I TUKWILA SOUTH PROJECT MASTER PLAN k1AY Y009 DEVELOPMENT CONCEPT The Tukwila South Master Plan is intended to provide a framework to guide long- term development of the approximately 500 acre site and create the opportunity for an economic engine that would result in new jobs for the region. Between 10 and 14 million square feet of development will be created in a combination of campus office and research environments, and districts that will include retail, residential, hotel and recreational uses. Given its prominent Mt. Rainier views, location adjacent to the Green River and the Southcenter shopping district, the site offers the potential for a truly distinctive 'signature" property. The underlying feature of the Master Plan is that larger campus areas will be positioned to accommodate national and international companies specializing in emerging technology industries drawn to a campus setting with expansion potential. A retail village on the north end of the site could contain a range of supporting retail, residential, hotel and recreational uses and will also serve as a gateway to the site from the Tukwila Urban Center. The close proximity to Sea Tac airport and direct access to the regional transportation infrastructure network (1-5, 1-405, and SR 167) create multi -modal transportation options. In the developments campus environment, buildings will frame open spaces with central plazas and public gathering spaces. Pedestrian -oriented internal circulation and simplified vehicular circulation will promote ease of movement and foster a sense of integration while providing access to recreational, retail, restaurant, and hospitality amenities. Building design, construction, and materials will be coordinated through comprehensive design principles. Thedevelopment concept for the overall site provides opportunity for between 10 and 14 million square feet ofa mix of uses including those related to employment, housing, and goods and services. Table 1 shows the assumed range of uses for development scenarios of 10 million square feet and 14 million square feet. This buildout range and assumed mix of uses within the planning areas should be considered conceptual; ultimately, market forces will determine the specific level of development and the mix of uses over the long term. The potential locations of COLUNSWOERMAN LAND USE ELEMENTS the various categories of uses shown within the plans on the following pages are also conceptual and will be determined by market forces. Land uses related to employment could include, for example, research and development, office, light manufacturing, limited distribution, and hotel uses. Land uses related to goods and services could Include retail and restaurant uses. Housing could consist of a mix of small -lot single-family, townhomes, and multifamily (rental and for sale) units. The natural boundaries presented by the hillside on the west and the Green River on the east drive the site's north -south orientation. The development concept features public and private amenities such as plazas, landscaped open space areas, and pedestrian/bicycle pathways that link the campus to adjacent areas. There will be opportunities for new public access to the Green River and connections to the existing Green River Trail. in the future, there may be a possibility for a pedestrian crossing to Briscoe Park. Alignment of Southcenter Parkway along the west edge of the site and further away from the Green River will afford greater opportunities for open space areas and public river access. The central and southern portions of the site will serve as the campus development's core, anchored by retail and service areas. Design guidelines will acknowledge and address residential uses to the west of Orillia Road. The northern end of the site will include a mix of employment, specialty goods and services and housing that will complement the central campus and reflect a dynamic urban character in its range of retail, residential, hotel, and recreational uses. The architectural scale of the majority of the campus, at buildout, will be three- to six -story structures with both surface and structured parking, with the possibility of heights of up to eight stories in denser, more u rban- oriented areas. These structures will relate to each other in the context of the landscape, and their design and construction will be coordinated by comprehensive design principles. Development of individual projects will be subject to the City of Tukwila's permit process to ensure a coordinated approach to campus development, including access/circulation, open space and compatibility among uses. La Pianta LLC I TUKWILA SOUTH PROJECT MASTER PLAN 1111 MAY 209 LAND USE ELEMENTS DESIGN PRINCIPLES Design principles are abstract representations of strategies that help guide development for the site. The principles identified in this document grew out of multiple charettes, discussions and meeting between consultants and the Segale family to help define the overall development framework for the Tukwila South property. GATEWAYS The Tukwila South property has an opportunity to highlight its most important points of entry as gateways. These gateways can be functional, symbolic, and memorable aspects for the property. These areas, defined as the yellow circles in the graphic, become the "front porch" for the project. EtTUKWILA SOUTH PROJECT MASTER PLAN 1 La Pianta LLC MAY 2009 f CREATING DISTRICTS Walkability is a key factor in establishing boundaries. There is a national standard for retail malls, which dictates the distance from anchor to anchor should be no more than a 10-minute walk. As represented by the orange circles, each district should be walkable. AMENITY SYSTEMS Amenities such as trails, plazas and open spaces are critical components to a project. Integrating multiple amenities creates "systems"that work together. Developable open space including green areas, hard - surfaced urban plazas, street parks, and pocket parks will be incorporated into the project; with pathways and wayfinding systems that help pedestrians navigate throughout the project. The opportunity exists to create trails to allow for runners, walkers and hikers to utilize the hillside's topography. CONNECTIONS The Tukwila South property has an opportunity to plan for future regional transit connections to Seattle Tacoma international Airport and regional mass transit to the north. The cities of Tukwila and SeaTac, the Port of Seattle and Sound Transit have undertaken a feasibility analysis to develop a people mover system from the airport Tight rail station through Tukwila South to the commuter rail station at the Tukwila TOD. Tukwila should continue to pursue such opportunities. COLLINSWOERMAN 680'P66000L1.90600Z HOUSING OPPORTUNITIES The diverse topography, location, views to Mt. Rainier, and market demands allow the Segale property to accommodate a wide variety of housing environments. This range could include a mix of single-family and multi -family units of low, mid and high-rise structures totaling 1,900 units across the site. LOW-RISE® Structures 1 to 3 stories in height including for-rentandfor-sale units of single-family lots, detached townhouses, and flats above retail. Low-rise units would be organized to create neighborhoods within the hi ilside and areas that are adjacent to the Green River. COLUNSWOERMAN MID -RISE . x' Structures 3 to 6 stories in height; including for- rent and for -sale units. integration with goods and services allow for mld-rise units to integrate with a mix of uses. For example, possible configuration would include housing units constructed over retail. LAND USE ELEMENTS HIGH-RISE Structures 6 stories or greater in height; including for -rent and for -sale units. The opportunity exists for high-rise structures, most likely in the redevelopment of the Segale Business Park in the latter stages of the project's development. La Planta LLC I TUKWILA SOUTH PROJECT MASTER PLAN I ill LAND USE ELEMENTS RETAIL OPPORTUNITIES There are opportunities to attract and accommodate retail users in three diverse marketplaces: 1. Retail as a catalyst for the market. A one of a kind user is just that...one of a kind. There may be only one chance for this user to locate regionally, and this property has the flexibility to meet the needs of an end user that is currently not in the Northwest marketplace. 144.0 i I"4rt.f ybrGb' lNrtm Of 0..M.L.eiz F n A 04 Locations of uses shown on this plan are conceptual and will bedetemdnedbyMarket forces. 2. Retail as it relates to demand from the market. Current and future demand is for a grocery store -anchored village center with a collection of unique and general goods and services, with the ability to grow with market demands. Additionally, large-scale "big-box"area retailers may need more space and would move out of the city otherwise. W AW raodal 7V RETAIL VILLAGE The northern end of the site offers the opportunity to create a retail village that includes specialty retail and goods and services to support the proposed uses and the underserved surrounding neighborhoods. The success of the Tukwila Urban Center to the north and the realignment of S 178th Street allow for the retail village to represent the front door for the property. Uses are expected to include a grocery store, drug store, and smaller retailers that will serve the surrounding neighborhoods. A retail village on the north end of the site could contain a range of supporting retail, residential, hotel and recreational uses and wilt also serve as a gateway to the site from the Tukwila Urban Center. ITUKWIL.A SOUTH PROJECT MASTER PLAN I La Pianta LLC MAY 2009 3. Retail as an amenity for the market. Addressing the demands of other uses within or surrounding the property that are complementary to the Tukwila Urban Center shopping district's. COLLINSWOERMAN L601714000LI90600Z RETAIL OPPORTUNITIES (CONTINUED) USES INCLUDE: Bookstores Video Stores Sporting Goods Clothing Stores Hardware Shops Grocery Stores Antiques / Art Galleries Jewelers Audio /Video Stores Representative uses for the retail aMMk w..►aer wry s..et..tanam Furniture Stores Toy Stores Coffee Shops Florists Child Care Restaurants Drug Stores Residential Multi -family village, retail district, large-scale t,w.pw 0:1041•4 MHO Ciabo locations of uses shorn on this plan are conceptual N and Will bedetermtnedbyniarkrtfeiees. RETAIL DISTRICT Adjacent to the"retail village, additional uses would allow for a synergistic multi -use environment for multi- family residential units, neighborhood retail, and office uses that are envisioned as a 24/7 urban environment. LARGE-SCALE RETAIL USERS National retailers not currently in the local marketplace or relocation of existing large-scale retailers looking for expansion opportunities. Additional smaller users and service users may be in this area. COLLINSWOERsaAN Financial institutions Service Businesses Print Shops Real Estate Offices Travel Agencies Gas Stations Big Box Retail Medical/Dental Offices Leisure Entertainment retail users, gateway retail and retail center. Game Arcades Movie Theaters Museum Studios (Art, Photography} Bowling Alley/ Pool Hall Music / Night Club Sports / Exercise Club Restaurants E~ja.am4Mis �.h1n�YYGld...11Yh lwaca.ta. Wow Wow dray GATEWAY RETAIL ATORILLIA RD & 5 200TH ST The intersection of Orillia Road and S 200th Street allows for the opportunity to create a retail gateway for the property due to the high visibility along Oriilia Road. RETAIL CENTER AT S 200TH & SOUTHCENTER PARKWAY The intersection of the realignment of Southcenter Parkway and S 200th Street allows for the opportunity to create a retail center that could serve the surrounding campus office uses. Residential Units Office SO iau.w +. W.WI. waww» ••••• itxpew LAND USE ELEMENTS La Pianta Li.C. I TUKWILA SOUTH PROJECT MASTER PLAN I III MY 200a LAND USE ELEMENTS REGIONAL EMPLOYMENT OPPORTUNITIES Numerous areas on the site could accommodate national and international companies specializing in emerging technology industries drawn to a campus setting with expansion potential; a range of supporting retail, residential, hotel and recreational uses; adjacent amenities; close proximity to Sea-Tac airport; and direct access to the regional transportation infrastructure network (1-5, I-405, and SR 167) and multi -modal transportation options. Given its location adjacent to the Green River and theTukwila Urban Center and its prominent Mt. Rainier views, the site offers such users the potential for a truly distinctive"signature" property. Loeattons of uses ihown on thls plan are conceptual 5n.'O wIO' lx deterinli*d�bymuketforce "To create a campus, there must be a cohesive environment, appropriate building placements that frame organized open spaces, logical pedestrian circulation to the core of the campus and simplified vehicular circulation. Access to amenities (restaurants, hotels, retail, etc.) that are dose to the workplace allow for employees to shop during lunch hours or breaks without a car.This also allows employees to collaborate with other team members within the campus, as opposed to accessing their cars, which can be Inconvenient; to interact with other parts of their business. Another consideration in the development of campuses is the regulation of the overall look of structures. Design standards allow for similar construction of residential, retail, or office buildings. The buildings will be uniform in their quality of design, construction, and material so that the development is cohesive in nature." (Source: Mike Sheridan,"Urbanizing the Campus": Urban Land Institute, Nov/Dec 2001) ITUKWILA SOUTH PROJECT MASTER PLAN I La Pianta LLC fi&AY2009 USES INCLUDE: Professional Office Research & Development Hotels Day Care Facilities Parking Facilities Administrative Conference / Convention Space Medical and Dental offices Residential Units Flex -Tech Retail Restaurants Health Care Services Government Services Light Manufacturing Uses Service Commercial Business Services Representative uses for this district COLLINSWOERMAN £6017IL000LI90600Z 20090617000114.094 SHORELINE USES The Tukwila South property's eastern edge is formed by the Green River, from S 180th Street along the north end, to S 200th Street on the south end. Development within 200 feet along the Green River is regulated by the following shoreline regulations: RIVER ENVIRONMENT :THE AREA BETWEEN THE MEAN HIGH WATER MARK AND THE LOW IMPACT ENVIRONMENT, HAVING THE MOST ENVIRONMENTALLY PROTECTIVE LAND USE REGULATIONS The river environment will contain no uses or structures other than the following: public and/or private trails; recreation amenities such as benches, tables, viewpoints, and picnic shelters (not to exceed 15 feet in height); support facilities for pollution control such as runoff ponds and filter systems, provided they are at or below grade; information and direction signs; diking for bank stabilization, erosion control, and flood control purposes; bridges, fire lanes and dike maintenance roads; plaza connectors between buildings and dikes (not exceeding the height of the dike). The uses within the river environment will provide access and enhance pedestrian access along the river. LOW IMPACT ENVIRONMENT: THE AREA BETWEEN THE RIVER ENVIRONMENT AND 100 FEET FROM THE MEAN HIGH WATER MARK Uses in the underlying zoning district will be allowed; however, structures will not exceed 35' in height unless a variance is granted. HIGH IMPACT ENVIRONMENT: THE AREA BETWEEN 100 FEET AND 200 FEET FROM THE MEAN HIGH WATER MARK HAVING THE LEAST ENVIRONMENTALLY PROTECTIVE LAND USE REGULATION All uses allowed in the underlying zoning district will be allowed within the high -impact environment. COLUNSWOERMAN La Planta LLC LAND USE ELEMENTS 0' 25' SO' TUKWILA SOUTH PROJECT MASTER PLAN 1111 MAY 2069 20090617000114.096 COLUNSWOERMAN INATURAL ENVIRONMENT La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN 1111 MAY2009 NATURAL ENVIRONMENT INTRODUCTION TheTukwila South property is defined by a steep hillside to the west and the Green River to the east. Concentrated wetland areas and agricultural ditches are found throughout the property's valley floor. Due to the space constraints set by the hillside and the Green River, some of the wetlands and ditches will be impacted in order to achieve project objectives. Due to these impacts, this section summarizes the proposed enhancements and open space network for the property. OPEN SPACE NETWORK — The concentrated area of pasture wetland will be protected and enhanced, in combination with improving the associated ditches conveying natural drainage into streams capable of supporting fish rearing and creating nearby"flood-flow refuge" fish habitat within the Green River channel. — Tributary stream fish habitat with associated restored wetlands and flood flow refuge on the Green River mainstem were historically present throughout the lower Green River basin, but are now missing and therefore habitat -limiting for fish and a variety of wildlife. — The Master Plan will provide for the re-creation of these valuable habitats out of degraded agricultural ditches. In the process, the aquatic habitat enhancement plan will mitigate for filling peripheral and isolated wetlands and ditches now located in active croplands. — If residential uses occur on the site, neighborhood parks or access to existing parks in the area will be provided. Existing Johnson Ditch, looking west COtLIN5WOERMAN Existing agricultural uses along 5 204th Street, looking northeast Existing agricultural uses along the Green River, looking south NATURAL ENVIRONMENT ;4 Overall Nauira! p.vlmnr:n nt Enhar{ccmen[stdpen Space Nellvo�IW .. — Work with the City of Tukwila to build / create a pedestrian bridge from the property to Briscoe Park and the Green River Trail network. — Enhancement ofJohnson Creek into a fish -friendly tributary connected to the Green River — Creation of back -water fish habitat in the Green River — Restoration of a wetland complex of approximately 32 acres associated with the tributary drainage of the Green River that was historically present, but now absent in the basin — Preservation of approximately 50-60 acres of hillside along the western valley wall HILLSIDE — Portions of the hillside on the north end of the property will be graded and re - landscaped to accommodate the relocation of S 178th Street and to provide fill material for the project. — On the south end of the site, north of S 200th Street, it is expected that portions of the hillside will be graded to accommodate development. Special design consideration will be covered within the design guidelines for this area. La Pianta LLC I TUKWILA SOUTH PROJECT MASTER aPYANN III A`1'_URAi- ENVIROIVME SENSITIVE AREA MASTER PLAN The Tukwila South Project Sensitive Area Master Plan Overlay (SAMP) will result In greater environmental benefits than could be achieved under standard TMC Sensitive Areas Ordinance (SAO) provisions. TheTukwita South project site is uniquely suited to provide substantial local and regional habitat benefits. The site contains Johnson Ditch, a degraded tributary to the Green River, that could be restored to functioning fish habitat. Johnson Ditch Is adjacent to over 30 acres of poor -quality wetlands now in cropland production that could be rehabilitated as habitat. The project is adjacent to the Green River where it Is confined within levees that have eliminated most off -channel habitat necessaryforanadromous salmon, affording an opportunity to create this type of habitat, which regional Green River studies have identified as a high priority for salmon population restoration. The purpose of the Tukwila SAO under TMC 18.45.010 is to protect the environment, human life, and property; to designate and classify ecologically sensitive and hazardous areas and protect these areas and their functions and values; and to allow for reasonable use of public and private property. By using the Master Plan provisions of the SAO,theTukwila South project developed a proposal consistent with project function and needs, substantially enhancing regional fisheries and wetland functions, and preserving water quality. The net gain in environmental benefits using the SAMP is far greater from both within -site and regional habitat benefits than could be achieved using standard TMC SAO provisions. mi TUKWILA SOUTH PROJECT MASTER PLAN MAY 2009 La Pianta LLC By focusing on creating a net environmental benefit as promoted by the SAMP Overlay Provisions, rather than on mitigation using like -kind and avoidance measures emphasized by standard TMC SAO requirements, the Tukwila South project will convert poor quality agricultural ditches and poor quality agricultural cropland wetlands into higher quality fish habitat and associated wetlands. Rather than avoiding or retaining ditches providing little or no fish access and impairing the quality of water delivered to the Green River, the project will create a out - migration holding, summer rearing, winter refuge, and upstream migration holding fish habitat in the Green River. The need for this type of off -channel habitat at this location is recognized by the Green River Habitat Limiting Factors Analysis for Washi ngton Resource Inventory Area .(WRIA) 9. Rather than avoiding Johnson Ditch and leaving it and poor - quality buffers in place as required under standard TMC SAO provisions, the project will relocate and restore Johnson Creek in a larger channel with greatly enhanced fish passage to the Green River through a fish passable floodgate, further opening up off -channel habitat now regionally limiting to anadromous and resident fish in the Green River. The SAMP calls for the project to rehabilitate more than 32 acres of degraded cropland wetlands and connect them in a habitat corridor through the Johnson Creek channel to the Green River. Existing conditions CALLINSWOERMAN 9601711.000L690600Z NATURAL ENVIRONMENT. FLOOD PROTECTION co 'Relocation of the flood protection barrier dike from S 196h Street to the southern boundary of the site (approximately 120 to 140 feet north of S 204th Street) will N create contiguous buildable area and allow development of a large-scale campus environment. At Its existing location, the flood protection barrier dike precludes development south of the dike due to the infeasibility of obtaining flood insurance. The flood protection barrier dike will be relocated in the initial phase of the project and will provide emergency flood protection to the entire site. It will extend from the Green River levee, across the valley at a corresponding elevation (35 feet). As indicated, the relocated flood protection dike will separate the proposed realigned Johnson Creek and wetland rehabilitation area (described below) from the developed portions of the site, and will provide for continuation of the existing hydrologic support to these areas. EXISTING GROUND (tvP1cALJ APPROX. FILL .TO EXISTING aowISOI1 SITE GRADE DIT iI ,`, Yw; 1... ,'' S72O4T>FST 10 Sr E 9 E ROYt. to 4 1 11 Aii ti tj� S^\/l l % si" N1 /;,%�f�l? T , ..„. y% ��� so • Cross section of relocated flood protection barrier dike and relocated Johnson Creek COLLINSWOEAMAN RELOCATED FLOOD PROTECTION BARRIER DUCE PROPOSE JOHNSON cREEIc OHWM The flood protec Lion barrie t dike will be relocated in the initial phase of the project and would provide emergency flood protection to the entire site. Plan view of relocated flood protection barrier dike and relocated Johnson Creek La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN I II W!Y 2049 ATURALENVIRO.NMEN T :: HABITAT PROTECTION The Tukwila South Master Plan includes a number of activities that have the potential to directly or indirectly affect fish. These include: — Extension and expansion of Southcenter Parkway — Realignment of S 178t" Street — Relocation of the existing flood protection barrier dike -- Cconstruction of one new stormwateroutfall Into the Green River — Relocation of a portion of the Green River levee and construction of a new off -channel rearing area for salmonids — Relocation and enhancement of Johnson Ditch including a new stream outfall location — Filling or culverting of five fish -bearing agricultural ditches — Mass grading to increase site elevations Section 18.45.160 of the Tukwila Municipal Code (TMC) provides an alternative method for preservation of existing individual wetlands, watercourses, and their buffers In situations where a master plan for alteration and mitigation would result in improvements to water quality, fish and wildlife habitat, and hydrology beyond those that would occur through strict application of the provisions of the TMC. The proponent for the Tukwila South project will develop the site and mitigate environmental Impacts under a Sensitive Areas Master Plan (SAMP) as allowed by the TMC. ITUKWILA SOUTH PROJECT MASTER PLAN ( La Pianta LLC MAY 2009 WATER QUALITY The construction and developed conditions water quality evaluation concluded there is a reasonable expectation of preserving or slightly enhancing most aspects of water quality important to fish habitat. The quality improvements are expected from enhanced riparian functions and reduced agricultural chemical use. While fecal coliform and zinc concentrations may increase slightly, colifornts do not affect fish habitat quality, and the level of zinc would be well below the level regarded as safe for freshwater aquatic life by the State of Washington. FISHERIES Under the SAMP, the loss of agricultural ditches would be mitigated by rehabilitation of wetlands and creation and enhancement of stream channels. The natural - landscape would have approximately 3.8 acres of additional open -water habitat compared to existing conditions. About 4.5 acres of new open -water habitat would be created at the Green River Off -channel Habitat Restoration Area and 0.34 acres at Johnson Creek to mitigate fill of 1.07 acres of agricultural ditch. In addition, approximately 32.4 acres of wetlands associated with Johnson Creek would be planted and graded to enhance functional benefits, and new riparian buffers would be created adjacent to each open water area where none exists near watercourses under existing conditions. SECTION 8 - B SECTOR A - 1A Green River Habitat Creation Area (Cross Section) m7,4 COILINSWOERMAN 001711000/190600Z 20090617000114.101 COLLINSWOERMAN INFRASTRUCTURE TIMING La Planta LLG I TUKWILA SOUTH PROJECT MASTER PLAN I 1111 MAY 2999 20090617000114.102 INFRASTRUCTURE INTRODUCTION The Infrastructure Development Phase is expected to take three years (currently projected for the year 2006-2008 time period), and will include the following elements: — Implementation of a mass grading program to establish site grades and construct the major infrastructure elements — The extension and expansion of Southcenter Parkway in a new alignment along the base of the western hillside through the Tukwila South planning area — Realignment of S 178th Street to intersect with Southcenter Parkway at Segale Park Drive C — Installation of sanitary sewer, water, and other utilities within Southcenter Parkway — Relocation of the existing flood protection barrier dike from S t 96th Street to the southern boundary of the site (north of 5 204th Street) —. Installation of a temporary construction stormwater management system, including a polymer treatment system for stormwater runoff — Installation of a comprehensive permanent stormwater control and water quality system for the entire site, including two new stormwater outfalls into the Green River — Implementation of a natural resource mitigation plan, of which the primary features include: creation of an off -channel habitat restoration area adjacent to the Green River; rehabilitation of a wetland complex associated with tributary drainage to the Green River; and restoration of Johnson Ditch into a fish -friendly tributary connected with the Green River — It may be necessary in the future to relocate an existing fire station closer to the project, or within the property. SOUTHCENTER PARKWAY & 5 178TH STREET REALIGNMENT The location of the expanded Southcenter Parkway is a critical element of the Master Plan. The goal is to move the new alignment toward the toe of the eastern hillside. This creates the largest contiguous parcels for development, and allows travellers on Southcenter Parkway to not only experience the development, but the hillside as an amenity and open space. This location for the high -capacity boulevard also allows space for a secondary road system that will create additional transportation capacity as the project develops, 5178th Street will be realigned for better east- west circulation and enhanced safety. COLLINSWOERMAN INFRASTRUCTU RE GRADING PLAN The Tukwila South Master Plan proposes to establish site grades as part of an overall mass earthwork program at the outset of Year 1. On -site movement of approximately 1.5 million cubic yards of earthwork would be necessary to establish site grades and for construction of major infrastructure components. A temporary access road under S 200d' Street would be constructed to facilitate transport of material between the north and south portions of the site. The major areas proposed for excavation include the northwest portion of the site and the proposed Green River Off -Channel Habitat Restoration Area. Major fill areas for the excavated material include the new site for the flood protection barrier dike and the other areas across the site to establish thesub-grade for future development. It is anticipated that approximately 400,000 cubic yards of imported fill would be required. Beginning in the second year of construction, an additional approximately 500,000 cubic yards of clean fill dirt would be imported for preload ing and to establish finished grades, as needed for specific development projects on the site. The mass earthwork program would accomplish the following goals: — Balance the movement of earthwork on -site as much as practical, and limit the degree of import and export of material from the site. — Establish cohesive sub -grades for the planned extension of Southcenter Parkway and 5178th Street realignment. — Provide a feasible subgrade for future site development under the Master Plan. — Ensure a cohesive elevation for the planned utility connections (e.g., wastewater) to allow drainage to stormwater control and conveyance facilities. — Allow installation of the comprehensive stormwater control system that is intended to serve the site at full buildout. — Allow relocation of the flood protection barrier dike. — Allow implementation of key features of the proposed natural resource mitigation plan in the initial phase. By the year 2008, construction of the first phase of development will have begun. The extension and realignment of Southcenter Parkway will be finished, mitigation for environmental impacts will have been constructed, and all of the stormwater detention and water quality infrastructure will be in place. La Pianta LLC I TUKWILA SOUTH PROJECT MASTER PLAN I 1111 20090617000114.104 COW NSWOERAMAN DEVELOPMENT PHASING La Pianta LLC I TUKWILA SOUTH PROJECT MASTER PPYLAN 20090617000114.105 THE STARTING POINT The Tukwila South project has the opportunity to transition the property from an agricultural and industrial property to an urban destination that will attract users and visitors beyond those who live and/or work there. The synergistic mix of uses and the full range of planned activities will allow the Segale family to build a community over time. While we believe this property will develop in phases, the market may require that development occur in multiple locations at the same time. This is why the commitment was made to develop the infrastructure first. This will allow the property to address the total market from Day One. THE STARTING POINT - PHASE 1 Due to the proximity of the Tukwila Urban Center, current market demands indicate a need for neighborhood -oriented retail. It is likely the first phase of development would occur on the north and central portions of the property. COLLINSWOERMAN THE NEXT STEP — PHASE 2 Expansion and market demands will allow the campus environment to expand to the south toward S 2OOth Street. DEVELOPMENT PHASING Conceptual Phase 1 Development Program 200,000 sf Retail -Grocery Store -Drug Store -Restau rants -Dry Cleaners -Deli -Neighborhood Services 200 Residential Units Up to 250,000 sf Office and Research & Development THE ANAL STEP — PHASE 3 Due to the existing uses within the Segale Business Park, It is likely this area would be the last to redevelop. La Pianta LLC I TUKWILA SOUTH PROJECT MASTER PLAN III MAY zOo9 20090617000114.107 COLLSNSWOERMAN APPENDIX La Pianta LLC 1 TUKWILA SOUTH PROJECT MASTER PLAN I 1111 WYNN 20090617000114.108 'IiiNC.iP!.FS BACKGROUND BACKGROUND The Segale family has been systematically assembling this parcel for more than 50 years. While there have been discussions about development and markets that could have filled the property with many of the retail and industrial uses common to this part of the valley, the land has yet to see its first significant development. Due to the fact the Segale family has entered into the entitlement process and is prepared to build this unique regional asset, the City of Tukwila and the Segale family share in the opportunity to shepherd its development. Both parties also share in the responsibility to meet the site's full potential as an exciting and robust new regional employment center. Outlined below are the site's context elements that, taken together, create a glimpse of that potential: — Heritage of the Segale family: The family has lived on the property for three generations and has assembled the property over the last 50 years. — Heritage of the Green RiverValley: The Kent Valley has long drawn institutional real estate investors in industrial and large retail developments. The new kinds of development Tukwila South introduces to the valley will benefit from the same advantages {outlined below) that have contributed to the success of the area's traditional uses. — Natural beauty: With commanding views of Mt. Rainier from the property's mile -long hillside as well as views of the Green River and sweeping vistas of greenery, Tukwila South offers wonderful opportunities for amenities and recreation. — Puget Sound and Northwest traditions: The region's pioneering culture is nationally recognized for its ability to create new industries from scratch as well as reinvent established industries. Tukwila South has the opportunity to further this tradition by establishing a major new employment center based on jobs that create intellectual property. COLUNSWOERMAN APPENDIX — Authenticity: Tukwila South must be authentic to its physical and historical context, and to the opportunities that will drive its success. It must reflect the values of the Northwest culture: community, sustainability, diversity, and healthy life-style. — Tukwila Urban Center: The regional mall and the surrounding retail uses represent one of four major retail environments in the greater Puget Sound area. Home to in excess of 3 million square feet of goods and services, our neighbor to the north is already considered a regional destination. — SeaTac: Within a 5-minute drive, SeaTac International Airport is the largest investment of public transportation infrastructure in five Westem states. More than 25 million travellers use SeaTac every year. Adjacency to transportation infrastructure: Located at the crossroads of the state's two busiest interstate highways, Tukwila South offers potential businesses and residents several convenient access points to both 1-5 and 1-405. — Agricultural and wetlands to the near south: Because of the site's size, large undeveloped tracts of land will be set aside for wetlands protection and enhancement, and stormwater management. — Diversity: South King County currently supports one of the region's most economically and socially diverse populations. New jobs, goods and services, housing, and public services will need to address this diverse citizenship and create a welcoming place for all. With this background as our starting point, we have created guiding principles for the Tukwila South Master Plan. It is from these that our development plan has been conceived. La Pianta LLC I TUKWILA SOUTH PROJECT MASTER PLAN I MI MAY 2009 ANGLE trtylITI 1114iliili'iliSti _illlii.:1'mFall .L' 'n��rireii�iieilir::::iirll�l.__� i.1r11111(L- . I r r;faI� -..IU II trt IH: r..6r lUhlIr(Irluua _nllulrulhiiiluu,.�..1. =q ui T unnnu :;?!mrot:IJIIw tam rm,+�rrlar�� �„a li/.R�1�i�1U1Rf►: �n�� 11111 11111111111I1111 0 KENT Mi llie I ��°e7''J►;lirl ..Iri11111tIR� ..;:fir IlEdO, al: SINGLE-FAMILY (SR-1 INDUST AL PARK LEGEND: DDfC TUKWILA NKNNCPAL BOUNDARY AFTER LA PUMA ANNEXAYION ZONNNj BOUNDARY TUKWILA SOUTH OVERLAY DISTRICT (NEW ZONING) flOLDBMITH r. TUKWILA SOUTH PROJECT TUKWILA SOUTH OVERLAY ZONING DISTRICT Exhibit 5 TUfMN RAC COUNTY, WASHINGTON 20090617000114.111 EXHIBIT 6 EXPANSION AREAS LEGAL DESCRIPTION EXPANSION PARCEL #1: 032204-9049 THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST 'A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT-OF-WAY, FOR THE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #2: 032204-9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH 01° 11' 00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 01° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° 11' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06" WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #3: 352304-9014: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH) AND SOUTHWESTERLY OF A LINE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHEASTERLY MARGIN OF SAID ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH), WHICH POINT IS MARKED BY AN IRON PIPE AND FROM WHICH POINT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 6 BEARS SOUTH 00° 58' 10" WEST 313.17 FEET SOUTH AND NORTH 89° 01' 50" WEST 505.54 FEET, SAID DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH BOUNDARY LINE OF SAID GOVERNMENT LOT; THENCE SOUTH 67° 36' 00" EAST 380.45 FEET TO AN IRON PIPE; THENCE ver. 05-26-09 Exhibit 6-1 20090617000114.112 CONTINUING SOUTH 67° 36' 00" EAST 50 FEET, MORE OR LESS, TO THE BANK OF GREEN RIVER; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #4: 352304-9081 THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 7 BEARS SOUTH 00° 58' 10" WEST 313.17 FEET AND NORTH 89° 01' 50" WEST, 505.54 FEET, SAID DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE NORTH BOUNDARY LINE OF SAID GOVERNMENT LOT, SAID POINT BEING MARKED BY A CONCRETE MONUMENT SET BY R. W. JONES AND ASSOC. ENGINEERS AND SURVEYORS ON OCTOBER 4, 1966;THENCE SOUTH 67° 36' 00" EAST 248.63 FEET; THENCE SOUTH 23° 57' 22" WEST 352.69 FEET TO THE TRUE POINT OF BEGINNING; THE NORTH 66° 02' 38" WEST 250 FEET, MORE OR LESS, TO THE EAST LINE OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH); THENCE NORTH 23° 27' 22" EAST 5.14 FEET TO THE NORTH LINE GOVERNMENT LOT 7; THENCE SOUTH 89° 01' 50" EAST TO BANK OF GREEN RIVER; THENCE SOUTHWESTERLY ALONG SAID RIVER BANK, TO A POINT THAT BEARS SOUTH 66° 02' 38" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 66° 02' 38" WEST TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #5: 352304-9034: PARCEL B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L06-029 RECORDED UNDER RECORDING NO. 20060913900003; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #6: 352304-9082: THAT PORTION OF GOVERNMENT 7, SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY MARGIN OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH) IN GOVERNMENT LOT 7, IN SAID SECTION AT A POINT SOUTH 89°03'20" EAST 1,656.75 FEET AND NORTH 00°56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08°13'05'.' EAST 36.70 FEET; THENCE SOUTH 19°59'25" WEST 520.10 FEET; THENCE SOUTH 73°05'40" EAST 233.32 FEET; THENCE NORTH 16°29'55" EAST 474.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 16°29" 55" EAST 100 FEET; THENCE SOUTH 64° 17'20" EAST 232.26 FEET TO THE BANK OF GREEN ver. 05-26-09 Exhibit 6-2 20090617000114.113 RIVER; THENCE NORTHERLY ALONG SAID BANK OF GREEN RIVER TO A LINE ESTABLISHED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 7308030425; THENCE ALONG SAID LINE NORTH 66°02'38" WEST 250 FEET TO A POINT ON THE EASTERLY MARGIN OF COUNTY ROAD WHICH BEARS SOUTH 25°01'18" WEST 5.14 FEET FROM THE NORTH LINE OF SAID GOVERNMENT LOT 7; THENCE SOUTH 25°01'18" WEST ALONG SAID ROAD MARGIN TO A POINT SOUTH 89°03'20" EAST 1,656.75 FEET AND NORTH 00°56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08°13'05" EAST 36.70 FEET; THENCE SOUTH 19°59'25" WEST TO A POINT WHICH BEARS NORTH 66°02'38" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 66°02'38" EAST 211.14 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #7: 022204-9061 ("CITY DETENTION POND") BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89°16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02°40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02°40'47" EAST 68.04 FEET; THENCE NORTH 20°24'53" EAST 88.72 FEET; THENCE NORTH 49°07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40°52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49°07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON -TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84°31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89°16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #8: "CITY TRIANGULAR PARCEL": THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 87°50'57" WEST, 243.15 FEET; THENCE NORTH 02°09'03" EAST 248.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 78°00'27" EAST 38.15 FEET TO THE WESTERLY MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848; THENCE SOUTH 11°59'33" EAST 164.65 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 537.14 FEET, THROUGH A CENTRAL ANGLE OF 00°08'00", AN ARC ver. 05-26-09 Exhibit 6-3 20090617000114.114 DISTANCE OF 1.25 FEET; THENCE NORTH 24°56'33" WEST 170.23 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE EAST HALF OF P. J. MUSIEL ROAD ABUTTING THE WEST LINE OF THE PROPERTY ABOVE DESCRIBED, AND BOUNDED ON THE WEST BY THAT PORTION VACATED UNDER CITY OF TUKWILA VACATION ORDINANCE NO. 626, ON THE SOUTH BY THE NORTH MARGIN OF THE NEW ALIGNMENT OF P. J. MUSIEL COUNTY ROAD AND ITS EXTENSION EASTERLY AND NORTHERLY (ALONG THE 50 FOOT RADIUS CURVE) TO THE INTERSECTION WITH THE WEST MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848, AND ON THE NORTH BY THE SOUTHWESTERLY EXTENSION OF THE NORTH LINE OF THE PROPERTY DESCRIBED ABOVE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #9: 352304-9037 [A PORTION OF THE FOLLOWING DESCRIBED PARCEL THAT MAY BE ACQUIRED BY LA PIANTA] THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF PRIMARY STATE HIGHWAY NO. 1 (SR 5) AS CONVEYED TO THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER RECORDING NOS. 5517861 AND 6120867, AND THE NORTH LINE OF SAID SUBDIVISION; THENCE SOUTH 87°56'03" EAST, ALONG THE NORTH LINE OF SAID SUBDIVISION, TO A POINT WHICH IS SOUTH 87°56' EAST, 960 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 35; THENCE SOUTH 53°24'59" WEST TO A POINT ON THE NORTHERLY LINE OF SAID PRIMARY STATE HIGHWAY NO. 1 (SR 5); THENCE WESTERLY AND NORTHERLY, ALONG SAID PRIMARY STATE HIGHWAY NO. 1 (SR 5), TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ORILLIA ROAD EXTENSION NORTH BY DEED RECORDED UNDER RECORDING NO. 2748338; EXPANSION PARCEL #10: 352304-9124 [A PORTION OF THE FOLLOWING DESCRIBED PARCEL THAT MAYBE ACQUIRED BY LA PIANTA] THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING WESTERLY ver. 05-26-09 Exhibit 6-4 20090617000114.115 OF A LINE DRAWN PARALLEL WITH AND 700 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE LW LINE SURVEY OF SR 5 (PSH NO. 1), JCT. S.S.H. NO. 5-A TO SOUTH 178TH STREET AND WESTERLY OF A LINE DRAWN PARALLEL WITH AND 700 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE LW LINE SURVEY OF SR 5 (PSH NO. 1), SOUTH 188TH STREET INTERCHANGE; EXCEPT THAT PORTION LYING NORTHERLY OF A LINE DRAWN AT RIGHT ANGLES FROM SAID LW LINE SURVEY AT HIGHWAY ENGINEERS STATION LW 2455+00.0; AND EXCEPT THAT PORTION LYING SOUTHERLY OF A LINE DRAWN AT RIGHT ANGLES FROM SAID LW LINE SURVEY FROM HIGHWAY ENGINEERS STATION LW 2445+33.3; AND EXCEPT THAT PORTION LYING WESTERLY OF A LINE DRAWN PARALLEL WITH AND 215 FEET EASTERLY OF THE SAID LW SURVEY LINES; ALL SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. TOGETHER WITH ALL RIGHTS, TITLE, INTERESTS, LICENSES, PRIVILEGES, REVERSIONS AND EASEMENTS APPURTENANT OR ATTACHING THERETO BY OPERATION OF LAW TO ALL OF THE ABOVE DESCRIBED PARCELS. ver. 05-26-09 Exhibit 6-5 20090617000114.116 r 20090617000114.117 Rentrd to: DEED OF TRUST (For Use In the Sage of Nrashftrgton Only) THIS DEED OF TRUST, made this day of , . between GRANTOR whose address is ' TITLE COMPANY, a corporation, TRUSTEE, whose address is BENEFICIARY, whose address is ' WITNESSETH: Grantor hereby bargains, sells, and conveys to Trustee in trust, with power of sale, the following described real property in County. Washington: Additional on page . Assessor's Tax Parcel ID# • which real property is n used principally for agricultural or farming purposes, together with all tho tenements, hereditameats, and ces now or hereafter thcretmto belonging or In any wise appertaining, and the rents, issues and profits ereof. Ibis deed is for time se of securing performance of each agreement of grantor herein contained, and Grantor's obligation under Section 4.8l ofthat certain Development Agreement between Grantor and Beneficiary dated the day of , 2009 and approved by the Beneficiary's City Council as Ordinance ' on .2009, and also such further sums as may be advanced or Moaned by Beneficiary to Grantor, or any of their successors or assigns, together with interest thereon at such lints as shall be agreed upon. . To protect the security this Deed of Trust, Grantor covenants and agrees: 1. To keep tie property in good cosditoa and repair, to permh no wane thereof, to complete any building souetute or improvements belay beetlt or about to be bulk thereon; to reatere promptly any buiidhsg, menu; or Immervcment thereon whirl, may be damaged of destroyed; and to comply whit an taws. ordinances, resatetooa, covenants, conditions and restrictions aftherb g the property. 2. To pay before delinquent 41 lawful taxes s d assessments upon the property, to keep the property free end dear of di otter charges, Ikas orenetmtbsaaeer bnpaldirg the seearityof bls Deed ofTnat ' 3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than 90% of the insurable value thereof All policies shall name Beneficiary as a lass payee as its interest may appear. In the event of finwk:sure, all rights of the Grantor in ittsorance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To defend any don or ding purporting to afeu the nearby hereof ac the tights or power of &aefielary or Trustee, and to pay all ends and expense!, ivach east titans march and attorney's foss Is a teasoaabk amount. In any such aetlw or peoeceding, to any stilt brought byBeaeticlstytoOoreci sethisDced ofTnnt s.To pay all cum, lea and es peosa In mmKedon with this Deed of Trust, tucludlag thacxpetna ache Trustee incurred to eafordng the abllgatleo sectued hereby andytastee's and attomey'a nes a&us Cy lecurred. as provided by smote. G Should Grantor fail to ptai plea due airy taxes, atseamdds. insurance prerr anes, heat encumbrances or other dames agalet Bra repair herelnebove deseribed. Beocf d ry may pay the same. and the mown so paid, with Interest at the tin art Earth In the note weaned booby. shall be add . g, end beam a pan of debt stewed la this Deed ofTtusr. Exhibit 8 4 2OO9O617O0O114.118 TT 15 MUTUALLY AGREED THAT 1. Tar the evert any portion of the propcsty Is alas or domed in en eminent domain proceeding, the mammon* of the sward or such portion es may be cerise y to folly twisty the ob igedat mortal hereby. shalt be pad to Beneficiary to be applied to said obligation. 2. By sagging payment of any sum seemed busby alter Its duo due. Benefielaty dots not waive its tight to rapine prompt payment when due oral other sums so secured or to declare delimit for failure to so pay. 3. The Trosec shall reamer all or any part of dam property covered by this Deed of Trost to the person entity thereto, cc written mood of the Grantor and die Ilene Damn or upon anti faclloo of the obligation stewed and writes scgaest fay wooaysyancs made by the Beoe&lary or the pesos entitled thereto. 4. Upon default by Grantor In the payment of any Indebtedness seamed !lathy or to the perforwanoo duty agreement s1Mained herein. all non secured hereby sisal Immediately become due and payable 01 the opdon of thtBenefidmy. knish en:Mend upon written request ofSeaefiudary, Trustee shall sell the trust property. in accordance with the Deed of /rust Act of also Stu: of Washington at public auction to tho highest bidder. My person except Trance may bld orhustce's_salo. Trustee shalt apply the proceeds of the ae[es as follows: (I) to tho expense of the sole, Including a reasonable Tsustn's fern oo4 atmmay's feet (2) to the obII oton stzmed by this Docd or IBM and (3) the sorptas, if any, shalt bo dlsldbutcd to the pessoas entitled Wroth. 5. Ttastec shall deliver to the porehaser at rho mho Its dad, without warmny, which shall eoarey to the.ptsehua the Interest In Ina property which Grantor bad or had the power to mosey at the than of hls execution of thls Dad of Trust and such m he may hoc acquired thereafter, Tinned's dad shall recite the focu showing the the sale was conducted in compliant w(h art the requirements dims end this Deed of Trust, which recite shaft bo prima fade evidence of tech compliance mad conclusive evidence thereof in favor of boa. fate pwchaser are cneombratrees fornhme. 6. The power of sale conferred by this Dad of Toot and by the Daad of Trost Act of the Sate of Washingor is not III eadualve smedy; Beneficiary may cause this Deed ofTrust to be foreclosed as a mortgage 7.1m the event of the death. Incapacity, Mobility, or resigtmtion of Trosten Beaeftetary may appoint In uvr1tiag a successor bona, and upon the scsordlog ofstiab appointment la the mortgage ncords.of the county in which this Deed ofTnatt rectuded,citesuaeswrmeta shell bo vend with ell powers of tho original t um, The n,osie Is oat obligated to notify any party berpo of padiag sate render any other Deal of Trust or of as scuon or proccedirm is selfish Grunts, trustee arBcac(d:ey shall be a pony wtlas such action or proceeding Is brought by dmTrustea. . L This Deed ofTmst applies to, Inures to the benu:tttof, and Is bl ailing not only on he plucks hasp. but with* bars, dovbees, legates, adaodntnntots, executes and assigns. The teen Benellcciay shall mean the holder and owner of the note seamed hereby. whether cram amaed as Beneficiary herela 9. The Addendum to Deed of Trust is Incorporated by thls reference as if fully set forth herein. Dated STATE OF WASHINGTON, SS. County of I hereby certify that I know or have satisfactory evidence that f Notary Sal is the person(s) who appeared before me, and said petsson(s) acimowledged that (he, shq they) signed this instrument, on oath stated that authorized to execute the instrument and acknowledged it as the of to Iselin free and voluntary act of suet party for the uses and purposes mentioned in this instrtmtent. Dated Notary Public in and forthe State of Washington residing at My appointment expires Printed Name REQUEST FOR FULL RECONVEYANCE Do not record To be aeonly when note loos been pad TO: TRUSTEE. The undersigned is the legal owner and holder of the note and all other indebtedness s by the within Deed of Trust. Said note, together with all other indebtedness securedby said Deed of Trust has been paid and satisfied; and you are hereby rogcestcd cud dimmed. on payment to you away sums owning to you corder the lams amid Deed of Trent to cancel said note above mentioned, and all other evidences of indebtedness secured by Bald iced of Trust deSvered to you herewith, together with the said Deed of Trust, and to rummy, without mummy, to the puntfd dcsignoted by the terms of said Deed ofTcost, all the estate now held by you thenwnder. Dated ,19 20090617000114.119 Addendum to Deed of Trust In the event of a default that entitles Beneficiary to foreclose on this Deed of Trust, Beneficiary shall not foreclose this Deed of Trust until (1) Grantor shall have failed after notice and 20 days to cure to pay the sum(s) required under the terms of the Development Agreement, (2) Beneficiary has drawn on any letter of credits (or cash deposit) provided by Grantor securing the obligation in default to the maximum amount of the letter of credit (or cash deposit) and has applied the sum(s) so drawn to the obligation in default, and (3) there remains outstanding an additional sum due under the termsof the Development Agreement for which this Deed of Trust has been granted as security. 20090617000114.120 BANK OF AMERICA - CONFIDENTIAL DATE: APRIL flik 2009 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 1098959 EENEFICIARY THE CITY OF TUKWILA • 6200 SOUTHCENTEE BLVD. TUKWILA, WA 9818E PAGE: 1 ISSUING BANK BANE OF AMERICA, N.A. 10.00 W. TEMPLE STREET 7TH FLOOR, CA9-705-07-05 LOS ANGELES, CA 96012-1514 APPLICANT LA PIANTA LLC PO BOX 88028 TUKWILA, WA 90138 AMOONT NOT EXCEEDING UED 6,000,000.00 NOT EXCEEDING SIX MILLION AND QO/100'S US DOLLARS EXPIRATION DgCEMEER al, 2005 AT OUR COUNTERS ATti REQUEST AND ON THE INSTRUCTIONS OF OUR CUSTOMER, LA PIANTA LLC 4TH3 "ACCOUNT PARTY"), WE HEREBY ISSUE .0117R IRREVOCAELE STANDBY LETTER OF CREDIT NUMBER IN YOUR FAVOR, SUBJECT TO Tkth OTHER PROV.ISIONS OF THIS LETTER OF CREDIT, YOU MAY OBTAIN THE FUNDS AVA/LABLE UNDER THIS LETTER OF CREDIT BY PRESENTMENT TO US OF ONE OR MORE DPAFTS PRAWN ON BANE OF AMERICA, N.A. BEARING THIS LETTER OF CREDIT NUMBER AND ACCOMPANIED EY THE DOCUMENTS DETAILED BELOW. THIS LETTER OF CREDIT /S ISSUED IN -CONNECTION WITBIBE (THE "CONTRACT"). THIS L'hiaR. OF CREDIT.IS EFFECTIVE IMMEDIATELY AND SHALL EXPIRE AT 5:d0 P.N. AT OFFICE OF BANX OF AMERICA, N.A., 1000 WEST TEMPLE STREET, 7TH FLOOR, MAIL CODE: CA9-705-07-05, LOS ANGELES, CA 90012-1514. ON TUE DATE OF EXPIRY SHOWN. THE FOLLOWING SHALL ACCOMPANY YOUR SIGHT DRAFT(S) UPON EACH DRAW uNDM THIS LETTER OF CREDIT: 1. ACERTIFICATION SIGNED BY AN AUTEORIZED OFFICER OF THE CITY, TO THE EFFECT THAT TgE ACCOUNT PARTY BAB FAILED TO PERFORM AN OBLIGATION AS SET FORTH IN SECTION(S) OF THE CONTRACT DESPITE, WHERE APPLICABLE, PRIOR DEMAND TO SO CURE AND THE EXPIRATION OF Tat ApPLIABLE CURE PERIOD, AND TEAT AS A RESULT, THE CITY HAS INCURRED COSTS OR REASONABLY EXPECTS TO INCUR COSTS NOT IN EXCESS OF THE AMOUNT DRAM OR 2. A CERTIFICATION SIGNED BY ANAUTHORIZED OFFICER OF THE CITY, TO THE EFFECT THAT './.1-111 ACCOUNT PARTY HAS NOT PROVIDED THE CITY WITH A Exhibit 9 DRAFT 20090617000114.121 BANK OF AMERIC ,. - CONFIDENTIAL .?AGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 11098959 REPLACEMENT LETTER OF own WITHIN TEE TIME 3?ERIOD REQUIRED IN SECTION . OF THE CONTRACT. 3. A CERTIFICATION SIGNETS BY AN AUTHORIZED OFFICER OF THE CITY OF T€JRWILA, WASHIGTON•, TO THE BFFECT THAT THE ACCOUNT PARTY HAS NOT PROVIDED THE CITY WITH A.REPLACEMENT LETTER OF CREDIT SATISFACTORY TO THEM, ,ADDITIONAL CONDITIONS: 1. PARTIAL DRAWINGS• ARE AL WE' BUT NOT REQUIRED. TOTAL DRAWS OUTSTANDING AT ANY TIME SHALL' NOT EXCEED THE AMOUNT SET FORTH ABOVE. 2. TEE CITY Sfl ii , I N tan ORIGTN3 , BETTER .or CREDIT, AND EALH SUBSE DENT AMENDMENT(S) .STD YOUF AY3TNOI IZATIOrt TO CANCEL TO BANK OF AMERICA, N..A UPON RECEIPT OF A REPLACEMENT LETTER OP CREDIT THAT CONFORMS TO THE REQUIREMENTS OF THE CONTRACT. a. TKE CITY OF TU WI +A. SHALL RETURN TINS ORIGINAL LETTER OF CREDIT, AND EACH SUBSEQUENT AMENDMENT(E) AND YOUR AUTHORIZATION TO CANCEL TO BANK OF AMERICA, N.A. UPON THE TERMINATION OF THE REQUIREMENT FOR SUCH LETTE.R OF CREDIT UNDER SECTION OF THE CONTRACT . 4. THE AMOUNT OF EACH DRAWING MUST BE ENDORSED ON THE REVERSE SIDE OF THIS LETTER OF CREDIT BY THE' BANK AND THIS CREDIT SHALL BE RETURNED TO 'TH6 BENEFICIARY UNLESS THE AMOUNT OP THE DRAW SMALL BE FOR THE FULL OR ENTIRE AMOUNT REMAINING UNDER THIS LETTER OF CREDIT. 5. AST !'AUTHORIZED OFFIZ.Ek OF THE CITY" SHALL MEAN THE MAYOR OR THE CITY ADMINISTRATOR. • WHEN WE RECEIVI, ss A. DRAFT . AGCONIpM IED BY DOCUMENTATION AS DESCRIBED ABOVE AND YOUR REMITTANCE INSTRUCTIONS AT OR PRIOR TO 8: 00 A.M., PACIFIC TIME, ON A BUSINESS DAY, WE WILL MAKE PAYMENT BY 5:00 P.M., PACIFIC TIME, ON THE NEXT BUSINESS DAY, IF WE RECEIVE SUCH ITEMS AFTER THE TIMES SPECIFIED, WE WILL, MAKE PAYMENT BY 8 : 00 A.M. , 'PACIFIC TIME, QN. THE SECOND BUSINESS DAY THEREAFTER. EACH DRAFT PRESENTED FOR 'PA' fi'1ENT AmairT8T THIS LETTER. OF CREDIT AND. EACH ACCOMPANYING CERTIFICATION MTJST BE DATED THE DATE OF ITS PRESENTATION TO US, AND MAY BE PRESENTED ONLY ON A BUSINESS DAY. AS USED IN THIS LETTER OF CREDIT, "BUSINESS DAY" SHALL MEAN ANY DAY OTHER THAN (I) A SATURDAY OR A SUNDAY, (II) A DAY ON WHICH COMMERCIAL BANKS IN LOS ANGELES, CALIFORNIA ARE AUTHORIZED OR REQUIRED BY LAW OR EXECUTIVE ORDER TO CLOSE DRAFTS Mt3ST BE MARKED CONSPICU0OSLY "DRAWN UNDER BANK OF AME'RICA, N.A. IRREVOCABLE STANDBY LETTER OF CREDIT NO. •" THE CERTIFICATIONS YOU ARE REQUIRED TO SUBMIT TO US ALONG WITH YOUR DRAFT DRAFT 20090617000114.122 BANK OF AMERICA - CONFIDENTIAL PAGE: 3 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: }98959 OR DRAFTS SHOULD BE PREPARED EITHER { I IN THE FORM OF A LETTER ON YOUR. LETTERHEAD SIGNED BY YOUR AuTROR.Izr.b b PXCRRS OFF (II) INTHE FORM .Op A FACSIMILE COPY OF gm/ A LETTER 'SENT BY ONE OF THEM TO: 213r457- 4I. IN SUCH EVENT, THE ORIGINAL LETTER OF CREDIT :AND AMENDMENTS, IF ANY, ARE NOT REQUIRED FOR PRESENTATION. OrxhR THAN THE FOREGOING PROVISIONS FOR COMMUNICATION BY FACSIMILE COPY, COMMUNICATIONS WITH RESPECT TO THIS LETTER OF CREDIT SHALL BE IN WRITING AND SHALL BE ADDRESSED TO US AT BANK OF A?ERICA, 100E WEST•TEMPLE STREET, 7TH FLOOR, MAIL CODE: C►9-705-07-05, LOS ANGELES, A. 90012-15.14 ATTN: STANDBY LETTER OF CREDIT DEPT. , SPFsCIFICALLY REFERRING TO LSE ADMBBR AND DATE OF THIS LETTER OF CREDIT. EXCEPT .kS PROVIDED ABOVE WITH RESPECT TO COMMUNICATION BY FACSIMILE, ALL COMMUNICATIONS SMALL BE DELIVERED IN PERSON OR SENT BY NATIONALLY RECOGNIZED COURIER (SUCH AS FEDERAL EXPRESS, DHL, U.S. POSTAL SERVICE EXPRESS MAIL, ETC.), WITH ALL CHARGES PREPAID. IF' A .DEMAND FOR PAYMENT M. DH. BY DOTS UtA0011DBR DOES NOT, IN ANY INSTANCE, CONFORM TO THE TERMS ,AND CONDITIONS OF THIS LETTER OF CREDIT', WE• •SHALL GIVE. YOU P1 DNlPT NOTICE i'HAT TIE D 'NAND WAS NOT EFFECTED IN ACCO12i5ANC.E PITH THIS LETTTER. OF CREDIT,STATING THE REASONS- '1ntREFORE AND TEAT WE ARE HOLDING ANY DOCUMENTS AT YOUR DISPOSAL OR ARE RETURNING THEM TO YOiT, AS WE MAY ELECT. UPON BEING NOTIFIED THAT THE DEMAND WAS NOT EFFECTED IN CONFORMITY WITH THIS LETTER OF CREDIT, YOq' MAY ATTEMPT TO CORRECT ANY SUCH NONCONFORMING Dw4A1p FOR PAYMENT I'', AND TO 'THE EXTENT THAT, YOU ARE ENTITLED (WITHOUT REGARD TO THE PROVISIONS Oil THIS SENTENCE) AND ABLE TO DO 80. BY PAYING YOU AN AMOUNT DEMANDED IN ACCORDANCE WITH THIS LETTER OFF CREDIT, WE' MAKE 'NO REPRESENTATION AS TO TEE CORRECTNESS OF THE AMOUNT DEMANDED OR YOUR CALCULATIONS AND REPRESENTATIONS ON THE CERTIFICATES REQUIRED OF YOU BY THIS LETTER OF CREDIT. OUR PAYMENT OF THE AMOUNT DEMANDED IN ACCORDANCE WITH THIS LETTER OF CREDIT SHALL NOT BE CONSTRUED TO LIMIT ANY OTHER REMEDIES THAT YOU MAY HAVE AT LAW OR LQTY TO COLLECT AMOUNTS DUE FROM BENEFICIARY; THIS LETTER OF CREDIT • CANNOT BE MODIFIED OR REVOKED WITUOOT YOUR =SEIM PARTIAL DR•AWINC AND MULTIPLE PRESENTATIONS ARE PERMITTED UNDER THIS LET R OF CREDIT, HIS LETTER OF CREDIT SHALL EE GOVERNED BY AND GONsrWUED IN ACCORDANCE WITH THE INTERNATIONAL CIAMSER OF COMMERCE INTERNATIONAL STANDBY PRACTICES, PUBLICATION' NO. 590 (1928 REVISION) AND, TO THE EXTENT NOT INCONSISTENT THEREWITH, THE LAWS Off' THE STATE OF WASHINGTON. DRAFT 20090617000114.123 BANK OF AMERICA - CONFIDENTIAL PAGE: 4 THIS IS AN INi`EGRAL PART OF LETTER OF CREDIT NUMBER: I0 9 8 9 5 9 IF YOU REQUIRE ANY iASTSTmIZE O. HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 1-806-541-6096 OPT 1. AUTHORIZED SIGNATURE THIS DOCUMENT CONSISTS OF .4 PAGE (S) . vf_trikpv, gip ��—• PLICiat M V DVS _ 4a 20090617000114.124 ITS M =_ t* MOITA Ltt PROPOSED ORILUA ROAD CONNECTOR FOR TUKWILA SOUTH PROJECT ,D.L. IMP CEDV GOLDSMITH LAND DEVEtOIMENT SERVICES OMNI Exhibit 10 20090617000114.125 EXISTING DEVELOPMENT TRIPS Southitdalfl6$IS • Tdp'GerteratFdr1 T NNiP ect•NotY252 Page 1 • Gtri9finn'Yrin [,a 2915 PM trip 3eni:iati90 E P,M. Peak Hour Trip Gedaiatiori • •. ire .brrec5mm1 Spft /%) PM Fsesk i • • '•"•••• Pa4 Ptak H9ttr ., • .. tit.: ... :.but.:•:::. .:?Yod1 . : Lana Use.... •} .. .. . •- - Ar4d • • :..Unid fi . : 1 . LUIn %• .:. 0vt % . 7dp Rate . .. ,.. . ehA•1'&A.;.•,:., ,, RFSf(2ENYlAi ' 6 llruti 210 6r% 7s% 141 • 4 : '• 2 • 6 ..: , (OffingF 0e•atsb 4+PattriA %or. P4, AddlitaAJ rrvtiv.J ' • .6 .... Parcels a : - OFFICE •.33,547 GFA 710 17% 839i". '• .2.38 16 : •79 94 WAR910Li51plG 1245Q0 G(:A 150 : ' 24% 76°I 41 ' 20 • •62 • H2 .;, •. . . : . ,. ;: • •.. ... . Subtrihl a.. .. -'•36'..... -140 . . : i78 .:. • ., Poteerc' '; ' .• ofFice • • 8,595 GFA 710 17% •salt 349 ? 25 3d.: OR1VSr3GRANGE .6$ - Tees • 432 44% . . SS% :1.25 (dtndni 164iyeM PueeaA firNo Atlai A60t!) .36 ' 4t • -81 . Parcels F & G 1 : • •- • -OFFICE 197.269 • , GFA 710 1714 63% 1.62 Si • -, 249 306. WARE.HbUSING '1•pi3,14^<; GFA 150 25% 75% 0.40 • 105 ". , 317 . 472 I ANUfAtTURING • 149,034 - GFA . 140 3S% 84% 0.69 37 . 66 103 :. {:• . -":.Sub •.. ..-, • told • .193 • . ..:• • 62 ..: - 825 . Parcel H '(Parcel E in No Action Al;etFiativ0) ' ' ' OFFICE . ' •12,p06 : GFA 710 1$14. t2% • 3.23 • 7 ' 32 -•39 WAREir0U51NG • • 77.911 GPA 150 24% 76% b.6s , - •: .:: • . ... taziatai a 13 : di - ...: 20.- :....73 . 54 , • ;•: :'93 •. • :.. Parcel L.' (Parcel p in No'Acttan' Alteraiiative) .. '' • LIGHT fN4vs•rRI4td• - 29.056 GFA 110 10g6 90% ' - • b:98 •• • 3 26 29 • . ', -• : Suiit.i.i o : 3 .• . 20.: • 29 ..- Parcel 0 ' (Parcel $ in No Aetioii Aiternative) • - • ' - • . • RESIp>:l'gtAL 1 Units 210 (00% Q% 1.01 1 • 0 ' 1 . •• , , , ; , .. , - : •Gross P.M. Peak'Hour Trips Generated ft... . ':298 .: •' :::943 ::.1,241: •: ..N .. .. i MlmLite oi•UaropshNw P4!Garstatba Mywo1 7m MIA 2003 teat Ute Cedd. :ttexaeapa.a,.e.0.Ate.' Exhibit 11 20090617000114.126 SUMMARY OF Ordinance No. 2233 City of Tukwila, Washington On June 8, 2009 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2233, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING BY REFERENCE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND LA PIANTA LLC FOR THE TUKWILA SOUTH DEVELOPMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Special Meeting thereof on June 8, 2009. Christy O'erty, Published Seattle Times: June 15, 2009. City of Tukwila DepayjrnentbfCrommunity Dev.Iopmerd 630 Southeenter B6ulevard, Tukwila, WA 98188 Telephone (206) 441;1670 FAX (206) 431.3665 Eanall: tukp nkwiia.wa.us BOUNQARYL/NE: 4D✓USTIIYUMB69 LII - 030. Know amen bTrd'ase A'ese?►•L4at w4 dne pri2entneCt ?wgr(abii iee se'ntdAa N. Me lend herein descrphd db inarebYmake a both fry the a4!4dnent .he uidsrsig ned (ulhee? Me boundary ife.a.ffiusepent to be he pi p is reprefentaficiii d said bounEiryIa adrpenent and Me same it made iiith he Wee cpiisent and ireccorditics with he.deeke of he aiwar(s2 if wMbaes *hared we have seat ar Inandca(r+(ie'als. , . STCQPKIVO N IV ANqi- D 1b THE D✓APNG•ON 20n AND Si yall NOTARYAPPEARED 14.4 7iE €ANOWV70BE77-EF Y NL,q VT AEAIWOWN7OBE TntirrP9 NW1RO C LNGLWALTY LAW EEEC AiC li AND FOR 00AG EPA0 IBV7: ACKNOWLEDGED SAD I9AmU1®VT TOE E 77EFRED71 OLUVAHD CTAAOAGE( OFS4VTAAO 71-Efiit AAD 4gLl MTARYACTAADD®CIcSADPAN71167S`i'FOR 7FFUSES AAD PGR°175E5 7HFEINMENTIONED, AAD QVOA7HSTA7ED THAT) k. .a4LE WAS AUTHORIZED TO EXECU7ES4D /1b7AYA{6VI QYB.94LF OF 7}ECQIPAM: ••%:• IWITNESR E INMt6/EZNTO StTMD'HAADAAD Q#iYi4L SE4L 17EDDarAm) YEAR FIRST NOTARY PiS CIVNDFORTFE=41OFWASi1Ki7OK A aladS m E I O(ot p. _ i w4'b s N Op W[-S' ; LARD SURVEYORS CX3iTF7CA7E 1 JAY B4ECOCK registered as a land mrwyor - by he Sete d WashiV/a7 cardY that Meat is based on an actual suwy d he land denatedhrein conducted by me or under my wpervkhn that he ffistances crises and NOM are shown hereon erred*: and that maannents other than Rose menu, ents for selby at a letter deh4 haw been set and lot erns staked on me Around a, the pat „eye :.:. ._.P.LSna 30429 ®®®I®®M®,N A SURVEY IN THE S.W.1/4 AND THE 20120125900002 SE 1/4 OF THE NE 1/4, AND THE N.W. v20 r 2 t033 .e. 1/4 OF THE NE 1/4 AND THE SW. 1/4 SEEMS wwa•S1 O +D02 OF THE SE 1/4 AND THE NE 1/4 OF THE EW. 1/4 OF SEC. 35, TWP. 23 NORTH. RANGE 4 EWM CITY OF TUCWLA KNG COUNTY, WASHNGTON SEEE•••.SHEET 2 OF 2 FOR :;SURVEY• MAP .:i_EGAL DESCPoP11ON OLD.:: - QRGN4L PARCH. A irTAXLOT I 352304-9121) ti• _ -•..: •LOT4C. Q7YC:Ic7LKN9A YLIIEAG 67 l VT t7 bt?-AGRS, t t.K i KAGc'OLIVTY AG--NR99001961 O.KAE}L (NAITY.lfel7QR Si7UL47EIV 77ECITY OF7LKWLA QOI/VTYOFNi!4ii STATE QCWAsfrima7Q'V• OOVTA8IIG 835AC OgGAi4L FARM B (TAX LOT #352A04-91A6) .•.• PARCEL DQ QTYCFTUCWIA BOLADARYLAEALU.B7A6VTN LO2-02S AS L-C RECOA1YG AD 20021007100004 OFK/YG =MTVALGYIOR L:T IC' APatt,Dg1CQc GOYSHIl6VTLOT5IV SEC7.pV3.t 7Ot 91f'23MORTH RRA1:F4EAST W.0 S7LL47E1V77E CITY OF 7UCWLA IaOL TYQcX/4C.' STA7E O WASIIVG7OV cQVTAI.t G 539 AQ9ES ASO'. PARCEL'A (TAXLt3T.# 4-9lll)• _ L.QF4QeC7YOF7UCWLAQOLm94RYLIIEAAA/SWAT tttOLA7-0085ASREGL'YlL1 DUVET •.. COMITY, NO QoKNG GYXNTY• WAShIRGIr3N THAT OF 77E4E440 1 r Q TFE GRIBFN(iNHTN GOI VT LOTS 2 AAD SN u'Emace4 romp,* 23 NC1R7)i1FAAGE 4EASTQc 7?FWAL, iiilialADI Ohn AID LIES SCUIFE r OF3AGRH19:M SITEETAAD WES77ELY OF 7TEQ` RAVER AND E#. _ YQ. 7TEA LOT 4OFBOLM7ARYLIEAD..LN7IBVTs1k1 L a3-ASS •.••:. •. ALL S17147PNTFE-CXii:!:.PR `'WI-!k' YO`• G STATE PFWA9•tsT At AEW PARCEL : a .( TAX LOX # 3i2304-9 )... PARCEL DCKCITY CP7LKI4 4 ARYll EAalUS7x®VTACY,L02-02l FB/iE•CORDEDWEER.. RECORD VO AD 20321007900007 RECORDS OF KW COUVTYAWJTO4 BEING AOR7KayOF - IXOtBiM®VTLOT5N SC-CRWS:4.7t7WVSNWV75dKYiTM R4NA '4EART,3i'AL .. SITUATEIV RE CITY OF 7i4$t ,COUNTY OFKM*2 STA7Ec8 WAS4IGTON 744TEVCEP 7714TPORTI PORTION 77EABAADOAED BED OF 77E Q9H3V R YER ffirti yVE AIABViLO792AADSN SEC7aON47OWNSIP23AOR777RANO 4EAST Oe77E WA( -WWIEIIAD.LAI AAOLESEDJ7T14(LY :- CFBOWHESthbrra lANDWES1ELYOc77EGriSSVFINERAADEAST CYCIF77EATABIEN7x?'1 LOT40.BOLADARYLIEAD..fSTMEVTNO 93- S ALL Sr7U47EIV.7HECRYOF-7LKWLA GWl1Ya.ova STATE OeWASMG7CV CLWTAM13425ACRES - -- APPROVALS VOLUME 2&SPAGE 2 3A KILO OOLIVTYAVAAC. EQNLS1ON 1 cart* that aI Awcpty tares are paid and Mat a de has been made h sr/TGbnt enwrnf to pay the te+ae 1°r she lc#oahy year. that there are no dainqaaN4 I plea fB dto office or cashes and that el special assessment* an any d the propertyhrah dsdasled as streets slays other pubic see are paid h hat Adq day d Krg County Treasuer Deputy Canty Treasurer KING COUNTY ASSESSORS APPROVAL Eramiad and approved by the Department ot Aseasenante dnb. 24 day d It 41/1 L4 - 20 17— Q ri 1-IG(YO r21 G, FPr1J 1I / A ,(Er, KIAssessor Dap AyAasesap' .aa+N anber(a) 3523o4-air i 6I1 TUKWLA SHORT SUBDIVISION COMMITTEE APPROVAL Reypsrei and a9?'.vwdby he Short S.bdheix* Cam8Ytee and hereby cerlTad for Jan• Q'akpersat i KING COUNTY , UN S 2$5 NOOK on 0 L-.> 10,004.10110611RE PAIN S, LdRemdseMBa9ae OWNB41Sk SC -GALE PROPERRES LLC. ADDREss, 5811 SC -GALE PARK DR •5 RIME 206-575-2000 OTYISTA1EIZP: TUKWLA, WASH. 98391 N/r(.. //l :agof S1abdta(x7.Cavmn9fee: • • `S-EGALE .-:,. L0INTFD L;64BLITY C)MPANY P.0 Box 88028, TukWifa WA 98138 5811 Segale Park Dr C, Tukwila; WA 98188- www.segeleproper•Ueaoor1l:. Phone Z06-575-2060 Fax DRAWN BY JAY S. DATE 10/14/2011 CHECKED 8Y MARIO 5 N/A 'Jc8 Sid NIA;t OF 2 City of Tukwila DepelimelitofColpmunity1pment 6300 Southcenter B6uleva Gila, WA 98188 ,:Telephone (206).431-3670 FAx (206) 431.3665 E•mall: tukplxnatukw8a.wa.us BOL1NDARYL/N AQ .9WENT NUMBER Lil - 030. ODr3TA-457574' J MEWS'.; 4200/7 • LCA 7H-mar •••• • • O2 L7l4 TA - 10733' 4' RADC.IS - r6A0,00' : 4ERG7H - 26I07. DELTA ?i t67331' (R0,•I A57374' (CALCJ R4DVS - 33600 - 4O0S9' 115‘07H -10195 O SAS` i 2T DELTA - 70 0'••°• LBNQ7H - X3457 •54 • .' L62X3RAM71 - 25L77 •. LBYG7F/ - 25177' O R4Dt'B - 24200' RAMS - 355000'. LEAG7r1-15675' LEAG7H - 22727 •:.- ODELTA - 33'45'40' . w DELTA - 0956'26' RADIUS - 227..00' RALIVS - 2470.00' LEN0771-13376' LBoG7H - 42856' O R 4D(TAIS - 36000 O LE7NG7H-111B2RADjus ar LBNG7H - 49.39' O RAMS - 60 ® LENGTH 330.35' LBN37H - 36245 © 114DL5 - 39000 e DELTA-239957 LENGTH-5350' RAMS - S3000' LENGTH - 2E92' © DELTA - 347573' RADIS - 257.00' Og DELTA -25'47'00' LENGTH -1SltE4 _. RADIUS - 49 .00' LENGTH - 22050' 10 DELTA - OW5376' WES7="(7UAR759 COR RADIUS-130.00' sr- •35 LE G7H-12332' k ODELTA - 092032' RAMS - 2530.00' LENGTH - 41253 O7: DELTA - 58747 R4065 - 40926' LBVC:7H - • ®DELTA-i0025'9' RAMS 57296' LBNGYIi - 428' • N675703'W 50554 ES:OR GL6 "DELTA-374272' RAMS - 272(701.. [EMT H. 17899' DE7,T2 -292343f: 24G1B-185.00' LBNQ7r1- 94s.V. DATA- •-43U074' RAMS-157003' LBN07N-274.12' RAbt6 39a ` LB1G7H-13400' DELTA-23'39'57' R4D(b' - 562700' LBYG7H - 23137 DELTA - 25'47'00' R 27(15 460.00' LEAG7r1- 207.00' DELTA - 06'4772' RAMS - 100000' LB1G7r1-11845' N156'O?'W SOWN OVAR1159 COR SEC 85 RNER PROTECTION EASEMENTS NOS. 5222051 6027013, 6027015. SOUTH 180th STREET NE CQRAER SW1/4NE1/40F DM 3 F $36:11'S3'W zrsae' 322W.'25'W 3427 WEST LIVE OF FLOOD 7OV7A0L EAS2I4 Wr PER AFN 20080604000332 tc OW NN070030'E 30' PAR 14' GRAPHIC SCALE 100 200 400 ( IN FEET ) 1inch = 200 ft. • ri6voiliz4 [yWAAGE N SEARIIG OR WG V IK' QR B1D O6'GY8VE • EAST O(G1g7B4 Ctl'' SEE NO]E NO6'44''45'E :. 8342' END NEW PARCEL 27 S795010'E MOS • Boo ALL;DATA SHOWN ON 7745 L0IEALONG 77E GREEN EWER ARE FOR A4471•®I4471CAL CLOSURE PUA OSESOILY. 7H.S L•1NElEC0141k I BVTW1171THEWES1EALYLAEOFTHE G1i V R1V154 EASEMENT A07E9 7 EASi49VTPff1AFN 5222o57FOR l PRAP BANK PRO7FC7717NALONG 77f LEFT BANK OF 17-1E GASEN R'VB2 2 EASBI49VTFOR FINER BAAKPROTECTION PER AFX 6027013AND 6027015 3 AN L LOCATABLE POWS7 LITE T7AAWSSKW EASEMENT PS? AFN g?nz370544. 'SEGALE P&QPERTIES: A umfriED,PABILfTY CbMPANY ,,,1• : .P.O: Box 88028, Tukaglla, WA. 98(38 5811 Segale Park Di. C, Tukw[IA; WA 98188 wwwzegalepropeTfiea.cogf' Phone 206-575-2000 Fax 2i16-575-183 : DRAWN BY JAY B. CHECKED BY MAFOO S. DATE 10/14/2011 • JOB NUMBER.: N/A{" SCALE N/A • OF 2 r SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL • INDUSTRIAL • AGRICULTURAL • NATURAL RESOURCES October 24, 2011 Jamie Reavis Assistant Planner City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 RECEIVED LC 27,2011 TUKWILA PUBLIC WORKS OCT 24 2Of1i Re: Segale Business Park Boundary Line Adjustment (Project Number PL-10-005) Dear Jamie, In response to your June 30, 2011 letter, Segale Properties LLC ("Segale") has completed its revisions to its Boundary Line Adjustment (BLA). The revised survey drawings are included herewith for your review. Please feel free to contact me or Jay Babcock, our surveyor, if you have any questions. Company Counsel PO BOX 8 8 0 2 8 • TUKWILA, WA 9 8 1 3 8 • 5 8 1 1 SEGALE PARK DRIVE C • TUKWILA, WA 98188 P 206.575.2000 • F 2 0 6. 5 7 5. 1 8 3 7 • www.segaleproperties.com City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director June 30, 2011 Jami Balint Segale Properties P.O. Box 88028 Tukwila, WA 98188 Subject: Segale Business Park Boundary Line Adjustment, 18200 Andover Park West (parcels 352304-9121, 352304-9116) L11-030 (Land Use File Number) PL10-005 (Land Use Project Number) Dear Ms. Balint: The City of Tukwila has completed a review of your application for a Boundary Line Adjustment (BLA). The next step will be for you to make corrections to the survey per the comments below, and to obtain signatures on the revised plans in preparation for recording. The following changes shall be made to the survey submitted with application materials on April 29, 2011: 1. Revise plan sheets 1 of 2 and 2 of 2 of the survey per attached redlined plan sheets. A redlined quarter section map is included for your information, to demonstrate how we determined redlined changes to the township -section -range information shown on Sheet 1 of 2. 2. Revise survey format to use the City of Tukwila BLA template, available for download from the Tukwila Planning Division website at http://www.tukwilawa.gov/dcd/dcdplan.html. The template is located at the very bottom of the scroll -down list of "Planning Documents & Fees". You should use both pages of the template, including the files labeled "BOUND LINE ADJUST 1.DWG" and "BOUND LINE ADJUST 2.DWG." A response to this letter shall be received within 90 days of the date of this letter or this BLA application will expire. Please feel free to contact me with any questions. at (206) 431-3659 or Jaimie.Reavis@TukwilaWA.gov. Sincerely, add Jaimie Reavis Assistant Planner cc. L11-030 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF COMPLETE APPLICATION May 20, 2011 Jami Balint Segale Properties P.O. Box 88028 Tukwila, WA 98188 Subject: Segale Business Park Bvdary Line Adjustment, 18200 Andover Park West (parcels 352304-9121, 352304-91j L11-030 (Land Use File Number) PL10-005 (Land Use Project Number) Dear Ms. Balint: Your application for a Boundary Line Adjustment is considered complete on May 20, 2011 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permits identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. Please feel free to contact me with any questions at (206) 431-3659 or jreavis@ci.tukwila.wa.us. Sincerely, 7aimie Reavis Assistant Planner cc. L11-030 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665 Department of Community Development APR 2 6300 Southcenter Boulevard, Tukwila, WA 98188 4113ji Telephone: (206) 431-3670FAX(206) 431-3665 COs.,:+lt.)ryAN DEVELOF .. VJ SOLIDATION E-mail: tukplanna ci.tukwila.wa.us CITY OF TUKWILA NDARY LINE STMENT/LO' APPLICATION FOR STAFF USE ONLY Permits Plus Type: P-BLA/LC File Number: L I t — O 0 Planner: Gtf 1M PO.z.gav' S Application Complete (Date: S/ZoI I 1 ) Project File Number: 171...w -• p o s Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: Segale Business 'Park BLA LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 18200 Andover Park W, Tukwila, WA 98188 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 3523049121, 3523049118 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Jami Balint Name: Address: P.O. Box 88028, Tukwila, WA 98188 Phone: 206-575-2000 FAX: 206-575-1837 E-majbliilt@segaleproperties.com il: lir Aitgif/ 1 ilDCD Common\Forms\Applications, Land Use\2011 Website\Boundary Line Adjustment -Lot Consolidation-Jan2011.doc Signature: Q:\Department Folders\ Date: CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@,ci.tukwila.wa.us BOUNDARY LINE ADJUSTMENT/LOT CONSOLIDATION INFORMATION A Boundary Line Adjustment is the realignment of property lines between adjacent parcels. Additional legal lots may not be created. A Lot Consolidation is the elimination of property lines and the consolidation of two or more lots into fewer lots. REQUIREMENTS: All amended lots must meet minimum lot sizes and otherwise satisfy the review criteria. The current standards apply even if the original lots did not conform. No amended lots may create a nonconformity or increase the level of non -conformity with any current regulations. PROCEDURE: The process for both a Boundary Line Adjustment and for a Lot Consolidation consists of three steps: preliminary approval, final approval and recording. Within 28 days of receiving your application, City staff will determine if it is complete based on the attached "Complete Application Checklist". If not, you will be mailed a letter outlining what additional information is needed. If you do not submit requested materials within 90 days from the City's request for additional information the City may cancel your application. PRELIMINARY APPROVAL: Once the application is complete it will be reviewed by the Short Subdivision Committee, made up of representatives of the Fire, Public Works and Community Development Departments. The Committee will issue a decision to approve, modify or deny the application based on the review criteria in Chapter 17.08 of the Tukwila Municipal Code. FINAL APPROVAL: After the preliminary approval conditions have been met, an application for final approval shall be submitted to DCD for final review. A complete final application shall consist of the documents required for recording including: 1. Final recording documents in a recordable format, including: a. Before and after legal descriptions of the affected lots, b. Affidavit of Ownership signed and notarized by all owners c. All easements and maintenance agreements 2. Any required bonds or other financial guarantees, 3. Other documentation necessary to demonstrate the conditions of the approval have been met. Upon receiving approval from the City, the applicant will be responsible for picking up the documents from DCD and recording them with King County Recorders Office. A copy of the recorded documents must be returned to DCD to finalize the approval process. The adjustment shall not be deemed final until the City receives these documents. Q:\Department Folders\DCD\DCD Common\Forms\Applications, Land Use\2011 Website\Boundary Line Adjustment -Lot Consolidation-Jan2011.doc COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived. Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206-431-3670 (Department of Community Development) and 206-433-0179 (Department of Public Works). Check items submitted with application Information Required. May be waived in unusual cases, upon approval.of both Public Works and Planning APPLICATION MATERIALS: f 1. Application Checklist (1 copy) indicating items submitted with application. ,7 / 2. Completed Application Form and drawings (4 copies). .1 3. One set of all plans reduced to 8 1/2" by 11" or 11x17". 4. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). ✓ 5. Application Fee: See Land Use Fee Schedule . PROJ1 CT DESCRIPTION AND ANALYSIS: J 6. Vicinity Map with site location. J 7. Clearly establish status as separate legal lot(s) of record (per TMC Title 17 and RCW Chapter 58.17), showing all known easements and encumbrances. 8. Provide any required maintenance agreements, easements or other documents ready for recording. 9. Provide King County Health Department approval if there are any septic systems on site. Items 9 through 11 NOT required for lot consolidations or BLAs without vacant lots 10. Sewer and water availability letters are required from the provider district if the area is not serviced by the City of Tukwila. Forms are available at the DCD office. 11. Provide two copies of sensitive area studies such as wetland or geotechnical reports if needed per Tukwila's Sensitive Areas Ordinance (TMC 18.45). See Geotechnical Report Guidelines and Sensitive Area Special Study Guidelines (online at www.ci.tukwila.wa.us/dcd/dcdplan.htm) for additional information. RECORDING DOCUMENT: Templates are available from the City 12. (a) The recording document must meet the King County Assessor's recording format requirements (letter, legal or record of survey format). Only documents prepared by a surveyor may be in record of survey format (18"x24"). (b) Drawing must include a graphic scale, space for the City of Tukwila file number and north arrow. It shall include the elements listed at TMC 17.08.030 B. I (c) Provide legal descriptions of all lots before and after the proposed changes. J(d) The recording documents must include signature blocks for the owner(s), Short Subdivision Committee, Assessor, and Recorder (listed on the template, see TMC 17.04.060). Q:\Department Folder \DCD\DCD Common\ Forms\Applications, Land Use \2011 Website\Boundary Line Adjustment -Lot Consolidation jan2011.doc Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning / ✓ (e) Existing and proposed lot lines shall be shown solid with new lines called out and lot lines to be removed shall be shown dashed. J(f) Show existing and proposed utility easements (water, sewer, septic drainfields,f natural gas, telephone, cable). (g) List total lot area and average width of each proposed residential lot. (h) Dash in required setback distances from all parcel lot lines. (i) Show any required fire access lanes and turn-arounds per Fire Department standards. (j) Show the location and distance to proposed property lines of all existing structures, indicating those to be removed. SENSITIVE AREAS PLAN: NOT required for lot consolidations or BLAs without vacant lots 13. (a) Location of all sensitive areas (e.g. streams, wetlands, slopes over 20%, coal mine areas and important geological and archaeological sites). For stream frontage provide existing and proposed top of stream bank, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr. flood). Maximum sheet size 24" x 36". (b) Location of all required sensitive area buffers, setbacks, tracts and protection measures. (c) Show all significant trees (4" or more in diameter measured 4.5 feet above grade), indicating those to be retained and those to be removed. A tree permit will be required for removal of any significant trees within a sensitive area or its buffer. (d) Show proposed lot and tract lines. CIVIL PLANS: NOT required for lot consolidations or BLAs without vacant lots 14. (a) Include a graphic scale and north arrow. Maximum sheet size 24" x 36". (b) Vertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion calculations to NGVD 1929, if in a flood zone or flood -prone area. (c) Existing and proposed utility easements and improvements, on site and in street (water, sewer, power, natural gas, telephone, cable). Schematic designs to be provided regardless of purveyor (e.g. site line size, location, and size of public main). No capacity calcs, invert depth, valve locations or the like are needed. (d) Storm drainage design at least 90% complete, which meets the King County Surface Water Design Manual (KCSWDM). Include a Technical Information Report (TIR) including feasibility analysis if required by the Manual. Ca11 out total existing and proposed impervious surface in square feet. Include all storm drainage conveyance systems, water quality features, detention structures, maintenance access and safety features. For additional guidance contact Public Works or go to www.ci.tukwila.wa.us/pubwks/pwpermit.htm#techinfo. (e) Locate the nearest existing hydrant and all proposed hydrants. (f) Show the 100 yr. flood plain boundary and elevation as shown on FEMA maps. (g) Plan, profile and cross-section for any right-of-way improvements. (h) Show planned access to lots, driveways, fire access lanes and turn-arounds. (i) Show the location and distance to proposed property lines of all existing structures, indicating those to be removed. (j) Show proposed lot and tract lines. Q:\Department Folders\DCD\DCD Common\Forms\Applications, Land Use \2011 Website\Boundary Line Adjustment -Lot Consolidation-Jan2011.doc RECORDING DOCUMENTS The recording documents submitted for final approval must be in either letter, legal or record of survey format, meet all of the King County recording requirements and contain the applicable signature blanks. The standard signature blanks are included in the AutoCAD and Word templates available from the City. KING COUNTY RECORDER'S FORMAT REQUIREMENTS Document Standardization • The first page of all documents must have: ➢ A three-inch margin at the top and a one -inch margin on the sides and bottom (if using letter or legal sized paper). ➢ The following key information: • Return address • Document title and titles • Reference numbers of documents assigned or released (if applicable) • Names of the grantors and grantees with reference to pages where additional names can be found • Abbreviated legal description • Assessor's property tax parcel number or account number A coversheet may be used to fulfill the three-inch top margin & indexing information requirements list above, however, the rquirements listed below must still be met or the document will be returned for compliance. Also, when a coversheet is used an additional fee will be added to the recording fee for the additional page on the document. • The second page and all succeeding pages must have a one -inch margin on all sides (unless document is using record of survey format, 18" x 24"). No marks may appear in the margins. • Record of survey format is 18" x 24" with a 2" margin on the left and Y2" on all other sides. Only documents prepared by a surveyor may be recorded in this format. No marks may appear in the margins. • No attachments are allowed on the pages. • The font size must be at least 8 point. • The page size can be no larger than 8 Y2 x 14 (unless in record of survey format, recorded at Condominium and Plat desk). • The paper must be of a weight and color capable of producing legible images. • The pages must not be folded. • The ink must be a color that is capable of being imaged. • All seals must be legible and capable of being imaged (pressure seals must be smudged) • For additional information go to www.metrokc.gov/recelec/records/recordersForms.htm O:\Department Folders\DCD\DCO Common\FormsWpplications, Land Use\2011 Website\Boundary Line Adjustment -Lot Consolidation-Jan2011.doc CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan cr,ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application: 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, e_n€� ne contractors or other representatives the right to enter upon Owner's real property, located at /ISOQ M 11 Uu/-&l— r,<r7 k- eves t for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. The City shall, at its discretion , cancel the application without refund of fees, if the applicant does not respond to specific requests for items on the "Complete Application Checklist" within ninety (90) days. EXECUTED at 1 V ) ! u1 (city), WA (state), on ( 0 , 201 1 On this day personally appeared before me the foregoing instrument and acknowledged mentioned therein. she signe SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 111/112-14 (Print Name)S OI1 � ✓1� Vif.- (Address) Wt." s. residing at My Commission expires on to be the individual who executed and deed for the uses and purposes , 20// r w State of Washington /g Q:\Department Folders\DCD\DCD Common\Forms\Applications, Land Use\2011 Website\Boundary Line Adjustment -Lot Consolidation- Jan2011.doc Print Map Page Page 1 of 1 Parcel Map and Data „' -- TRVDDR - ' i { , I [ + l , il', 1 t t' n I 1 [ _ iol $ 3523049121 Tukiivila i 1 r , : 1 ' I '--.. i 1 y, tom[ L 4ti l f i ' Ili `1 0Kent --r i p I I - r, I x sgace ER sT—a I~ 1 r+ "- .: _.,.-` r—__ --- ?__r; ! i ^T .... :,; r + .,(C) 2010 King County ( .i S t90Tlf ST 4 - [-- - dtmr gift Parcel Number 3523049121 Site Address Zip code Taxpayer SEGALE PROPERTIES LLC The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parcelviewer/Print_Process.asp 4/26/2011 e ORIGINAL PARCEL A.txt c ,^ r) 'APR 2 9 20111 Parcel name: ORIGINAL PARCEL A North: 62864.8030 Curve Length: 484.82 Delta: 10-58-47 Chord: 484.09 Course In: N 71-16-17 w RP North: 63677.1408 End North: 63336.0206 Line Course: N 07-44-56 E Len North: 63940.7179 Line Course: N 75-05-55 E Len North: 63960.0278 Curve Length: 416.01 Delta: 58-14-25 Chord: 398.33 Course In: N 14-53-56 W RP North: 64355.5289 End North: 64236.8239 Curve Length: 4.27 Delta: 0-25-38 Chord: 4.27 Course In: N 73-08-21 w RP North: 64403.0098 End North: 64240.9170 Curve Length: 96.11 Delta: 16-23-23 Chord: 95.79 Course In: N 03-56-59 W RP North: 64576.1190 End North: 64261.0686 East : 48392.8290 Radius: 2529.97 Tangent: 243.16 Course: N 13-14-20 E Course Out: S 82-15-04 E East : 45996.8208 East : 48503.6884 gth: 610.27 East : 48585.9721 gth: 75.09 East : 48658.5368 Radius: 409.26 Tangent: 227.98 Course: N 45-58-51 E Course Out: S 73-08-21 E East : 48553.3103 East : 48944.9771 Radius: 572.96 Tangent: 2.14 Course: N 16-38-50 E Course Out: S 73-33-59 E East : 48396.6475 East : 48946.2010 Radius: 336.00 Tangent: 48.39 Course: N 77-51-19 E Course Out: S 20-20-22 E East : 48923.0570 East : 49039.8443 Line Course: S 36-31-55 W Length: 135.86 North: 64151.9017 East : 48958.9708 Curve Length: 108.63 Radius: 430.00 Delta: 14-28-27 Tangent: 54.60 Chord: 108.34 Course: S 29-17-41 W Course In: S 53-28-06 E Course Out: N 67-56-33 W RP North: 63895.9369 East : 49304.4878 End North: 64057.4178 East : 48905.9606 Line Course: S 22-03-25 W Length: 34.28 North: 64025.6467 East : 48893.0875 Curve Length: 261.61 Radius: 799.99 Delta: 18-44-11 Tangent: 131.98 Chord: 260.44 Course: S 12-41-23 w Course In: S 67-56-31 E Course Out: N 86-40-42 w RP North: 63725.2137 East : 49634.5213 End North: 63771.5664 East : 48835.8753 Line Course: 5 03-19-15 W Length: 141.75 North: 63630.0544 East : 48827.6641 Curve Length: 245.41 Radius: 3551.28 Delta: 3-57-34 Tangent: 122.76 Chord: 245.37 Course: 5 05-18-58 w Course In: N 86-39-49 w Course Out: 5 82-42-15 E RP North: 63836.7321 East : 45282.4033 End North: 63385.7462 East : 48804.9310 Line Course: S 09-03-25 W Length: 579.24 North: 62813.7280 East : 48713.7494 Line Course: S 06-44-45 W Length: 82.23 North: 62732.0672 East : 48704.0902 Page 1 DEVELOPMENT t. 4.114, ORIGINAL PARCEL A.txt Line Course: N 66-54-13 W Length: 338.39 North: 62864.8106 East : 48392.8235 Perimeter: 3613.99 Area: 363,873 sq. ft. 8.35 acres Mapcheck closure - (uses listed courses, radii, and deltas) Error Closure: 0.0094 Course: N 36-10-30 w Error North: 0.00758 East :-0.00554 Precision 1: 384,464.89 �► Commonwealth LAND TITLE INSURANCE COMPANY - APR 2 9 2011 ( CUrviIvFUNI1 Y Segale Properties LLC 5811 Segale Pk Dr "C" Tukwila, WA 98168 REFERENCE NO: /Segale Properties LLC Order No.: 40069610 Liability: $10,000.00 Charge: $ 250.00 Tax: $ 23.75 Total: $ 273.75 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Commonwealth Land Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: January 3, 2011 at 8:00 a.m. z� -27 ) (l Subdivision Guarantee Page 1 of 8 G NT004 Order No.: 40069610 SCHEDULE A 1. Name of Assured: Segale Properties LLC 2. Date of Guarantee: January 3, 2011 at 8:00 a.m. 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Segale Properties LLC, a Washington Limited Liability Company c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 3523049121 YEAR BILLED PAID BALANCE 2010 $25,192.47 $25,192.47 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2360 ASSESSED VALUE LAND; $2,183,200.00 ASSESSED VALUE IMPROVEMENTS: $0.00 (AFFECTS: SAID PREMISES AND OTHER PROPERTY) 3. TAXES FOR THE YEAR 2011 NOT YET AVAILABLE OR DUE, BUT ARE PAYABLE FEBRUARY 16, 2011. 4. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE -DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. CITY/COUNTY/AGENCY: RAINIER VISTA SEWER DISTRICT RECORDED: JUNE 19, 1985 RECORDING NO.: 8506190902 Subdivision Guarantee Page 2 of 8 GNT004 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: KING COUNTY RIP -RAP BANK PROTECTION A PORTION OF SAID PREMISES NOVEMBER 10, 1960 5222051 Order No40069610 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: BANK PROTECTION AND/OR OTHER FLOOD CONTROL WORKS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MAY 11, 1966 RECORDING NO.: 6027013 NOTE: RIVER PROTECTION EASEMENT ASSIGNMENT AS TENANTS IN COMMON, RECORDED UNDER RECORDING NO. 9108210298. 7 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: KING COUNTY BANK PROTECTION AND/OR OTHER FLOOD CONTROL WORKS A PORTION OF SAID PREMISES MAY 11, 1966 6027015 NOTE: RIVER PROTECTION EASEMENT ASSIGNMENT AS TENANTS IN COMMON, RECORDED UNDER RECORDING NO. 9208210298. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: STATE OF WASHINGTON DRAINAGE SYSTEM A PORTION OF SAID PREMISES SEPTEMBER 13, 1967 6233535 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: THE CITY OF TUKWILA UTILITIES A PORTION OF SAID PREMISES SEPTEMBER 12, 1968 6405583 y 10, EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: WATER DISTRICT NO. 75 WATER PIPELINES A PORTION OF SAID PREMISES DECEMBER 20, 1974 7412200369 NOTE: NO EXHIBIT "A" WAS RECORDED WITH SAID INSTRUMENT. Subdivision Guarantee Page 3 of 8 GNT004 4,6 rAl) el /1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: Order No40069610 CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY & NAVIGATION COMPANY, AN OREGON CORPORATION, AND ITS LESSEE UNION PACIFIC RAILROAD COMPANY, A UTAH CORPORATION RAILROAD RIGHT-OF-WAY A PORTION OF SAID PREMISES JANUARY 27, 1975 7501270395 /2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, A WISCONSIN CORPORATION, AND ITS LESSEE UNION PACIFIC RAILROAD COMPANY, A UTAH CORPORATION RAILROAD RIGHT-OF-WAY A PORTION OF SAID PREMISES JULY 8, 1977 7707080078 PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: /3. EASEMENT AND GRANTEE: PURPOSE: AREA AFFECTED RECORDED: RECORDING NO. /4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED RECORDED: RECORDING NO. EASEMENT AND PURPOSE: AREA AFFECTED RECORDING NO. 16. EASEMENT AND WATER DISTRICT NO. 75 WATER PIPELINE A PORTION OF SAID PREMISES MARCH 2, 1978 7803020870 THE TERMS AND CONDITIONS THEREOF: WATER DISTRICT NO. 75 WATER PIPELINE A PORTION OF SAID PREMISES APRIL 17, 1979 7904171207 THE TERMS AND CONDITIONS THEREOF: COMMON ACCESS A PORTION OF SAID PREMISES 8001140093 THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ELECTRIC TRANSMISSION LINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MAY 27, 1983 RECORDING NO.: 8305270544 Subdivision Guarantee GNT004 Page 4 of 8 Order No40069610 V17. EASEMENT AND GRANTEE: PURPOSE: AREA AFFECTED RECORDED: RECORDING NO THE TERMS AND CONDITIONS THEREOF: WATER DISTRICT NO. 75 WATER PIPELINES A PORTION OF SAID PREMISES JANUARY 28, 1987 8701280430 '10 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: SEPTEMBER 11, 1990 RECORDING NO.: 9009110868 REGARDING: AGREEMENT TO GRANT PERMANENT RIGHT OF ENTRY 19. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MARCH 1, 1994 RECORDING NO.: 9403011033 REGARDING: LANDSCAPE EASEMENT AND MAINTENANCE THEREOF 20. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MARCH 1, 1994 RECORDING NO.: 9403011034 REGARDING: LANDSCAPE EASEMENT AND MAINTENANCE THEREOF j21. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: RIGHT OF ENTRY FOR INSPECTION, MAINTENANCE AND REPAIR OF FLOOD CONTROL LEVEE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 9404060591 22. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SHORT PLAT RECORDED UNDER RECORDING NO. 8609081152. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 23. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: AUGUST 27, 1974 RECORDING NO.: 7408270565 REGARDING: CONDITIONS UNDER WHICH DISTRICT WILL PROVIDE WATER SERVICE 24. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO, 9311301961. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. Subdivision Guarantee Page 5 of 8 GNT004 Order No40069610 i25, EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE CITY OF TUKWILA AND THE KING COUNTY FLOOD CONTROL ZONE DISTRICT PURPOSE: FLOOD PROTECTION AND ACCESS ROAD AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 4, 2008 RECORDING NO.: 20080604000332 26. ORDINANCE NO. 2233 OF THE CITY OF TUKWILA AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 17, 2009 RECORDING NO.: 20090617000114 REGARDING: DEVELOPMENT AGREEMENT 27. POSSESSION AND USE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JULY 26, 2010 RECORDING NO.: 20100726001102 28. MATTERS SET FORTH BY SURVEY: RECORDED: JUNE 9, 1999 RECORDING NO.: 9906099010 29, ANY CHANGE IN THE BOUNDARY OR LEGAL DESCRIPTION OF THE LAND DESCRIBED HEREIN, DUE TO A SHIFT OR CHANGE IN THE COURSE OF GREEN (WHITE) RIVER. 30. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 31. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 32. DEED OF TRUST SECURING A LINE OF CREDIT AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: LA PIANTA LIMITED PARTNERSHIP, A WASHINGTON LIMITED PARTNERSHIP TRUSTEE: TRANSAMERICA TITLE INSURANCE COMPANY BENEFICIARY: MARIO A. SEGALE, A MARRIED MAN DEALING WITH RESPECT TO HIS SEPARATE PROPERTY AND ESTATE ORIGINAL AMOUNT: $26,190,000.00 DATED: DECEMBER 29, 1994 RECORDED: DECEMBER 30, 1994 RECORDING NO.: 9412300691 (COVERS: PROPERTY HEREIN DESCRIBED AND OTHER PROPERTY) INVESTIGATION SHOULD BE MADE TO DETERMINE THE PRESENT BALANCE OWED BY CONTACTING THE APPROPRIATE LENDER/AGENCY/INDIVIDUAL. NOTE: CAUTION SHOULD BE EXERCISED TO ENSURE THAT A RECONVEYANCE WILL BE OBTAINED. COMMONWEALTH LAND TITLE OF PUGET SOUND, LLC, WAS APPOINTED SUCCESSOR TRUSTEE UNDER THE DEED OF TRUST. RECORDED: JUNE 18, 2010 RECORDING NO,: 20100618001295 Subdivision Guarantee Page 6 of 8 G NT004 Order No40069610 33. UNRECORDED LEASEHOLDS, IF ANY; RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON THE LAND; AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. GM1 enclosures: Sketch Vesting Deed All recorded exceptions Subdivision Guarantee Page 7 of 8 GNT004 Order No.: 40069610 EXHIBIT "A" LOT 4 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 93-0085, RECORDED UNDER KING COUNTY RECORDING NO. 9311301961, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances. adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property: or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records, (c) (1) Unpatented mining claims: (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water. whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A). (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records: (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured: or (3) which do not result in the invalidity or potential invalidity of any Judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (h) "land" the land described or referred to in Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right, title, interest. estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage. deed of trust, trust deed. or other security instrument. .(d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge - "date the effective date. (e) 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions: Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured, The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph. it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding. an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion (c) CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim, 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to• purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate. including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability, This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described. and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 0 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect. lien or encumbrance assured against by this Guarantee. 6. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall he subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include. but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured, The Rules in effect at Date of Guarantee shall he binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall he construed as a whole.' (b) Any claim of loss or damage. whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to he given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to: Consumer Affairs Department, P.O. Box 45023, Jacksonville, FL 32232• 5023. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABiLITY FOR ANY MATTER RELATED TO THIS SKETCH,UNLESS SUCH COVERAGE IS SPECIFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. SECTION: 35 TOWNSHIP: 23N RANGE: 04E • • 10 Cr 1.01 ar rl Ns