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HomeMy WebLinkAbout2011 - Access and Utility Easement Agreement - Boeing / Museum of Flight - 2011020200169720110202001697.001 Return Address Office of the General Counsel The Boeing Company M/C 11-XT P.O. Box 3707 Seattle, \VA 98124 Attn: Gerald L. Bresslour MOM ME 11 20110202001697 Document Title(s) (or transactions contained therein): Access and Utility Easement Agreement (Boeing) Reference Number(s) of Documents assigned or released: (on page _ of documents(s)) I 20010803900001; 2010092700230 Dal -3Z2(") Grantor(s) (Last name first, then first name and initials): The Boeing Company Additional names on page of document. _ Grantee (Last name first, then first name and initials): Museum of Flight Foundation; King County Museum of Flight Authority Additional names on page of document. _ Legal description (abbreviated: i.e. lot, block, plat or section, township, range) X Full legal begins on page 16 of document. Assessor's Property Tax Parcel/Account Number 562420-1036; 562420-1038; 562420-1032; 000340-0018; 000340-0028; 000340-0026; 000340-0048; 042304-9016; 562420-1034; 542260-0020 This Instrument flied ter rsoord by First American Tuts Insurance Company as an accommodation only. It has not been examined as to its execution or an to its effect upon the title. EXCISE TAX NOT REQUIRED KJng Co. Records DM Deputy 20110202001697.002 The document titled "Access and Utility Easement Agreement (Boeing)" recorded in the Records of King County, Washington under Recording No. 20100927002030 is being re -recorded for the sole purpose of: (1) deleting from Exhibit A, Legal Description of Boeing Property, all references to Tax Parcel 562420-0990 (Parcels A, B, and C) and (2) amending the description of Tax Parcels 000340-0018/000340-0028/000340- 0026/000340-0048 and 042304-9016 in Exhibit A, Legal Description of Boeing Property by adding to the end thereof: "PROVIDED THAT TAX PARCELS 000340- 0028/000340-0026/000340-0048 and 042304-9016 ARE INCLUDED ONLY WITH RESPECT TO THE TENANT'S LEASEHOLD INTEREST OF THE BOEING COMPANY IN SUCH PARCELS." 20100927002030.001 Return Address Office of the General Counsel The Boeing Company M/C 11-XT P.O. Box 3707 Seattle, WA 98124 Attn: Gerald L. Bresslour 20100927002030 CHICAGO TITLE EAS 90.00 O9/27/2010F15:47 KING COUNTY, UA Document Title(s) (or transactions contained therein): Access and Utility Easement Agreement (Boeing) Reference Number(s) of Documents assigned or released: (on page of documents(s)) _ 20010803900001 Grantor(s) (Last name first, then first name and initials): C;":1) The Boeing Company CHICAGO TITLE 1 BIT# -( ❑ Additional names on page of document. Grantee(s) (Last name first, then first name and initials): Museum of Flight Foundation; King County Museum of Flight Authority ❑ Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) X Full legal is on page 16 of document. Assessor's Property Tax Parcel/Account Number 52420-1036, 562420-1088, 562420-1032, 562420-0990, 000340-0018, 000340-0028, 000340-0026, 000340-0048, 042304-9016) 5/02 43{7-103 -(/ i gZ240 - CO2-0 52364\0I0031O0482232,0OC.V 13 ADL EXCISE TAX NOT REQUIRED ,�8 Co Records By Deputy 20100927002030.00 ACCESS AND UTILITY EASEMENT AGREEMENT (BOEING) THIS ACCESS AND UTILITY EASEMENT AGREEMENT (BOEING) (this "Easement Agreement") is made and entered into as of September !, 2010, by and among THE BOEING COMPANY, a Delaware corporation ("Boeing"), as the owner of the land described in EXHIBIT A, the KING COUNTY MUSEUM OF FLIGHT AUTHORITY, a public development authority ("Museum"), as the owner of the land described in EXHIBIT B, and the MUSEUM OF FLIGHT FOUNDATION, a Washington nonprofit corporation ("Foundation") as the owner of the land described in EXHIBIT C. RECITALS: A. Boeing is the owner of certain land abutting East Marginal Way South, Tukwila, Washington, as described in EXHIBIT A attached hereto (the "Boeing Property"). B. The Museum is the owner of that certain parcel of land located within the City of Tukwila (the "City"), located on East Marginal Way South and as described in EXHIBIT A (the "Museum Property"), which is leased by the Museum to the Foundation and on which are located activities and facilities commonly known as The Museum of Flight. This Museum Property is in the process of being divided into two (2) parcels pursuant to a Binding Site Improvement Plan, also as described in EXHIBIT A. The Foundation is the fee owner of the property located immediately to the north, which fee ownership is legally described in EXHIBIT C attached hereto (the "Foundation Property" and, together with the Museum Property, the "Properties"). C. The Museum and the Foundation intend to develop their Properties in concert and over time to incorporate on the Museum Property, a Space Gallery, and ultimately a "Grand Gallery" housing aircraft and space artifacts, which Grand Gallery shall adjoin to educational facilities to be constructed on the Foundation Property. The entire development shall serve the museum and educational missions of the Museum of Flight and, when all elements are completed, shall be referred to as the "Grand Development." At such time as the Grand Development is completed, a private ring access road to be completed on the Foundation and Museum Properties (the "Ring Road") will connect to the access easement, located on the Boeing Property, as granted in this Easement Agreement. This conceptual ultimate Grand Development is depicted on EXHIBIT E attached hereto. D. The Museum and the Foundation continue to require the use of a portion of the Boeing Property for ingress to and egress from East Marginal Way South to the Museum :‘236 4:1100!'00a6::33.IX)C.V 13 ADL 2 20100927002030.0( } Property (including for emergency and fire vehicular and personnel ingress and egress) and, upon completion of the Grand Development and the private Ring Road, to the Foundation Property as well. The Museum and the Foundation wish to obtain and Boeing is willing to grant a non-exclusive perpetual easement over the portion of the Boeing Property legally described on EXHIBIT D attached hereto and depicted on EXHIBIT D-I attached hereto (the "Easement Area") for ingress to and egress from East Marginal Way South to the Museum Property and, upon completion of the Grand Development and the private Ring Road, to the Foundation Property and for installation and management of franchised utility installations. E. The Easement Area contains certain utility lines previously utilized by the Museum and the Foundation and located in, on and under the Easement benefiting the Museum Property. The Museum and the Foundation wish to continue and Boeing is willing to grant and confirm the pre-existing perpetual easement over, under, across and through the Easement Area for such utility lines. AGREEMENT NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Boeing hereby formally recognizes and grants a pre-existing easement and grants, declares, reserves and conveys to the Museum and to the Foundation, and their successors and assigns in title to the Museum Property and to the Foundation Property, as well as to their respective ground lessees, lessees, sublessees, and all customers, invitees, visitors, contractors, agents, vendors, and employees, and to emergency fire and police agencies and their personnel, the right to travel over the Easement Area and to install and manage certain utility installations, subject to and conditioned upon the following terms, conditions and covenants which the Museum and Foundation hereby promise to faithfully and fully observe and perform. 1. Purpose The Museum and Foundation shall have the continued right to use the Easement Area for the purpose of gaining access to and egress from the Museum and Foundation Properties by the Museum and Foundation, and their respective ground lessees, lessees, sublessees, and all customers, invitees, visitors, contractors, agents, vendors, and employees in the normal course of the Museum's and Foundation's business of constructing, operating, altering and repairing an air and space museum and all related matters including but not limited to the operation of educational facilities. The Easement Area also may continue to be used by fire, police and other public agencies and their personnel and equipment for emergency access to the Museum and Foundation Properties. In addition, the Easement Area may continue to be used by the Museum and Foundation for the installation, maintenance of and repair and replacement of franchised utilities serving the Museum and the Foundation Properties (the "Utility Installations"). This Agreement replaces and supersedes the access easement set 32M40100)b04ASJ?.DOC.V 13 ADL 3 20100927002030.00, forth on the Tukwila BLA-01-002, recorded under King County Recording Number 20010803900001. 2. Compliance with Laws and Rules The Museum and Foundation shall at all times exercise their rights herein in accordance with the requirements (as from time to time amended) of any public authority having jurisdiction and all applicable statutes, orders, rules and regulations. 3. Museum's and Foundation's Use and Activities 3.1. Access. The Museum and Foundation shall exercise their rights under this Easement Agreement in a reasonable manner so as not to unreasonably interfere with Boeing's use of the Easement Area or of the Boeing Property, and shall use the Easement Area in common with Boeing and its corporate affiliates, and their respective customers, invitees, visitors, vendors, contractors, agents, and employees. 3.2. Utilities. Boeing, the Museum and the Foundation acknowledge, agree to and approve the existence of and the Museum's and the Foundation's use of and access to the following pre-existing utility installations installed and located within the Easement Area, which utility installations serve the Museum Property. The installations are shown on EXHIBIT D-I and are described as follows: 3.2.1. Side Sewer. A side sewer line connecting the 9-04 Building on the Museum Property to the public sewer main located in East Marginal Way South (together with any future installations by the Museum or the Foundation on, in or under the Easement Area, in accordance with this Agreement, the "Utility Installations"). The Museum and the Foundation may install or have installed underground service lines through the Easement Area to gain access to service mains of any utility purveyor, and maintain, repair, and replace Utility Installations provided that (a) the Museum and/or the Foundation, as applicable, provides reasonably sufficient advance written notice to Boeing stating how, when and where Museum and/or the Foundation, as applicable, wishes so to access the Easement Area for such utility purposes; (b) prior to installing, maintaining, repairing or replacing any of the Utility Installations, the Museum and/or the Foundation, as applicable, provides to Boeing, for Boeing's reasonable review, comment, and approval, detailed plans and specifications for said work indicating the precise horizontal and vertical locations of the subject installations; (c) Boeing approves such plans and specifications in writing, as well as the timing of such installation, repair, replacement and/or maintenance activities, such approval to be granted or withheld by Boeing in its reasonable discretion; and (d) such installation, repair, replacement and/or maintenance is performed in accordance with such plans and specifications. The Museum and/or the Foundation, as applicable, shall cooperate in good faith with Boeing, so that such work (except for emergency measures) is scheduled with as much advance notice as 3:.6 oIOOt\oo4g3 12.noC.VI3API. 4 } 20100927002030.00E is reasonably possible given the circumstances so as to avoid total closure of the Easement Area, and to accommodate Boeing's uses of the Easement Area without interruption, except in an emergency. In addition, the Museum and the Foundation shall be responsible for replacing and repairing any surface area of the Easement Area disturbed during its installation, maintenance, repair and replacement of the Utility Installations. 3.3 Construction. During the construction of the Space Gallery on the Museum Property, the Easement Area may be used by construction traffic, provided that the following terms and conditions are met: 3.3.1 Prior to commencement of construction, representatives of Boeing, and the Museum and/or Foundation, together with representatives of the construction contractors shall meet at the Easement Area. This visit shall include pre -construction video documentation of the then state of the Easement Area. These parties shall establish a schedule for follow-up meetings and communication protocols as they deem necessary to evaluate and assess the condition of the Easement Area during and after construction, and a protocol to address any maintenance and/or repairs needed to the Easement Area during and after construction. 3.3.2 The Museum and the Foundation shall be responsible to ensure that their contractor repairs any damage to the Easement Area caused by this construction. 4. Boeing's Use of the Easement Area Boeing reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted; provided, that Boeing shall not erect, construct or maintain any structures or improvements in the Easement Area and Boeing shall not plant any trees or allow any trees to grow in the Easement Area (except as otherwise required by applicable governmental authorities). Notwithstanding the foregoing, Boeing may install underground service lines through the Easement Area to gain access to service mains of any utility purveyor, provided that Boeing shall cooperate in good faith with the Museum and Foundation, so that such work (except for emergency measures) is scheduled with as much advance notice as is reasonably possible given the circumstances so as to avoid total closure of the Easement Area, and to accommodate the Museum's and Foundation's uses of the Easement Area without unreasonable interruption. 5. Boeing's Covenants 5.1. Boeing covenants with the Museum and the Foundation that Boeing shall not disturb or sever the Utility Installations, or tap into the Utility Installations, or disrupt the Utility Installations service to the Museum and/or the Foundation or relocate the Utility Installations. S:367,0100n'004822n .DOC.V 1 t AOL 5 20100927002030.00 5.2. Boeing shall fence the north and west sides of the north — south portion of the Easement Area (as shown on EXHIBIT D-1), so that it is not accessible for use by Boeing from the west. Such fencing will occur no later than the Museum's and/or the Foundation's installation of the Ring Road, provided that if the fencing has not already been installed, the Museum and/or the Foundation shall give Boeing at least three (3) months' advance written notice of the scheduled completion of the Ring Road. 6. Responsibilities for the Easement Area; Shared Costs. 6.1. Maintenance Planning. Boeing, the Museum and the Foundation shall meet on an annual basis during January of each year (or as otherwise agreed) to discuss the scheduling and scope of any upcoming necessary maintenance, repair and replacement efforts in connection with the Easement Area during the next twelve (12) months. Prior to installation of the fence contemplated above, such discussions will cover the whole Easement Area, after installation of the fence contemplated above, such discussions will cover only the South 94th Place portion of the Easement Area. During such discussions, the parties will discuss any upcoming major improvements needed to all or such portion of the Easement Area. Boeing, the Museum and the Foundation agree that such maintenance, repair, replacement and improvements shall be of a standard consistent with Class A properties. Boeing, the Museum and the Foundation shall in good faith agree on a budget for such maintenance, repair and replacements and improvements. The parties agree that any major replacement efforts (such as repaving) will be phased over the longest period reasonably possible. 6.2. Maintenance and Emergencies Responsibility. Prior to installation of the fence contemplated above, and except as addressed in Section 3.3 above during construction of the Space Gallery, Boeing shall be responsible for maintenance, repairs, replacement, renewal of, and improvements to the whole Easement Area consistent with Section 6.1 above and for performing good faith emergency repairs thereto. Following installation of the fence contemplated above, 6.2.1 Boeing shall be responsible for maintenance, repairs, replacement, and renewal of, and improvements to and for performing good faith emergency repairs with respect to only the South 94th Place portion of the Easement Area 6.2.2 the Museum and the Foundation shall be solely responsible for maintenance, repairs, replacement, and renewal of and improvements to and for performing good faith emergency repairs with respect to the portion of the Easement Area bordered by such fence (the north -south portion of the Easement Area), such maintenance, repairs, replacement, renewal and improvements to be of a standard consistent with Class A properties. $23601003W0482:3:.DOC.Vi3 ADI. 6 20100927002030.00 63. Maintenance Costs. The Museum and the Foundation shall be responsible to reimburse Boeing for their share of the costs of Boeing's maintenance, repairs, replacement, renewal and improvements incurred pursuant to Sections 6.1 and 6.2 above, as follows: 6.3.1 Prior to the commencement of construction of the Space Gallery, Boeing and the Museum and the Foundation shall share the reasonable costs of such maintenance, repairs, replacement and renewal of and improvements to the Easement Area by the Museum and the Foundation together reimbursing Boeing for forty percent (40%) of such costs. 6.3.2 After completion of construction of the Space Gallery, but prior to construction of the Ring Road or construction of the fence contemplated above (whichever first occurs), Boeing and the Museum and the Foundation shall share the reasonable costs of such maintenance, repairs, replacement and renewal of and improvements to the Easement Area by the Museum and the Foundation together reimbursing Boeing for twenty percent (20%) of such costs. 6.3.3 After the construction of the Ring Road or construction of the fence contemplated above (whichever first occurs), the Museum and the Foundation will share only in the costs of maintenance, repairs and replacement of and improvements to the South 94111 Place portion of the Easement Area; and Boeing, the Museum and the Foundation will meet to revise the percentage allocation. It is anticipated that such revision will be based upon the then anticipated traffic counts for Boeing's and the Museum's and Foundation's Properties, respectively, based upon a traffic study to be performed at that time (the cost of which study shall be shared based upon the percentages determined though that study). 6.4. Payment. With respect to shared costs, the Museum and the Foundation, as applicable, will pay their joint share of such costs within thirty (30) days of receipt of Boeing's invoice therefor, or as otherwise agreed to during the annual budget meeting. Boeing will provide to the Museum and the Foundation copies of invoices, billing statements, and such other documentation as the Museum and the Foundation may reasonably request in connection with any such invoice. 7. Indemnity The Museum and the Foundation shall indemnify, defend and hold Boeing, its lessees, sublessees and Boeing's corporate affiliates and their respective directors, officers, customers, employees, invitees, contractors, and agents harmless from and against any and all claims and liabilities for bodily injury to or death of any person or Toss of or damage to any property or clean up of any discharge or release arising out use by the Museum and/or the Foundation, as applicable, or their respective employees, agents, contractors, vendors, customers, visitors or 5:.'64 01003 {JO S 232.DOC.V I J ADL 7 20100927002030.001 invitees of the Easement Area under this Easement Agreement or from any activity, work or thing done, permitted or suffered by the Museum and/or the Foundation, as applicable, and their respective employees, agents, contractors, vendors, customers, visitors or invitees in or about the Easement Area in connection with this Easement Agreement, except claims and liabilities to the extent caused by any negligence or willful misconduct on the part of Boeing, its corporate affiliates or their respective directors, officers, customers, employees, invitees, contractors, and agents, provided, however, the foregoing covenant to indemnify is conditioned on Boeing's (a) providing timely notice to the Museum and/or the Foundation, as appropriate, after Boeing has notice of any claim or occurrence that is likely to give rise to a claim or liability that will fall within the scope of the foregoing, (b) permitting the Museum and/or the Foundation, as appropriate, to manage the defense or settlement with respect to any such claim or liability, and (c) cooperating fully with the Museum and/or the Foundation, as appropriate, in any defense or settlement against the claim or liability. The Museum and Foundation expressly waive any immunity under industrial insurance whether arising from Title 51 of the Revised Code of Washington or any other statute or source, to the extent of the indemnity set forth in this paragraph. In the event that the Museum and/or Foundation are successful in proving that the foregoing indemnity is limited by RCW 4.24.115, the Museum and/or Foundation shall defend, indemnify and hold harmless the indemnitees described in this paragraph 7 to the full extent contemplated in this paragraph and allowed by RCW 4.24.115. In no event shall the Museum's or Foundation' obligations hereunder be limited to the extent of any insurance available to or provided by the Museum or Foundation, as applicable. 8. Abandonment The rights herein granted shall continue until such time as the Museum and the Foundation (or their respective successors or assigns) both give ninety (90) days prior written notice to Boeing of their intention to abandon the easement described in this Easement Agreement, in which event this Easement Agreement shall automatically terminate without an amendment to this Easement Agreement and all rights hereunder shall revert to Boeing. 9. Termination of Easement 9.1 AS IS. Upon the termination of the easement granted herein, the Museum and the Foundation shall have the right to turn over to Boeing the Easement Area in their "AS IS, WHERE IS" condition, and the Museum and the Foundation shall have no obligation to remove any underground utility lines, equipment or appurtenances from the Easement Area, nor to perform any cleanup, restoration or remediation to the Easement Area, including without limitation any cleanup or remediation of any contamination of the soil or groundwater in, on or under the Easement Area, except to the extent that any such cleanup, restoration or remediation to the Easement Area is required as a result of the Museum's or the Foundation's acts, negligence or omission. S2361b1003W04822}2.DOC.V 1l ADL 8 20100927002030.0( ) ) 9.2 No Release. No termination of this Easement Agreement shall release the Museum, the Foundation or Boeing from any liability or obligation with respect to any matter occurring prior to such termination 10. Notices Notices required to be in writing under this Easement Agreement shall be personally served or sent by U.S. mail or sent by nationally recognized overnight courier with all charges for next business day delivery prepaid. Any notice given by hand or by courier shall be deemed given when delivered and any notice sent by mail shall be deemed to have been received when actually received or when receipt is refused, so long as it is mailed via the U.S. mail, certified mail return receipt requested, and addressed as follows: To Boeing: With a copy to: By U.S.P.S.: By courier: To the Museum: 523W5010030048::3:.IX)C.Vt3 ADL Real Property Management 700 South Renton Village Place MC 6R6-10, Triton Towers Two Renton, WA 98055 Attn: Northwest Real Property Management Boeing Law Department Real Estate Practice Group M/C 11-XT P.O. Box 3707 Seattle, WA 98124-2207 Boeing Law Department Real Estate Practice Group M/C 11-XT 7755 E. Marginal Way South Seattle, WA 98108-4002 King County Museum of Flight Authority Attention: President 9404 E. Marginal Way South Seattle, WA 98108 9 20100927002030.01C ) To the Foundation: Museum of Flight Foundation Attention: Legal Committee 9404 E. Marginal Way South Seattle, WA 98108 Any party may change the address to which notices may be given by giving notice as above provided. 11. Title The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore or hereafter granted by Boeing affecting the Easement Area. Boeing does not warrant title to its property and shall not be liable for title defects or failure of title to the Boeing Property. 12. Covenants Running with the Land/Successors and Assigns The terms and conditions of this Easement Agreement shall be covenants running with the land, and shall burden and benefit Boeing, the Museum and the Foundation and their respective successors and assigns in the Boeing Property, Museum Property and Foundation Property respectively. 13. Attorneys' Fees In the event a party brings a legal action against another party or parties to enforce its rights hereunder, the substantially prevailing party shall be entitled to receive reimbursement from the other party or parties to such action of such prevailing party's costs reasonably incurred in such legal action (including the costs of appeal), including the reasonable fees and disbursements of the prevailing party's attorneys, in addition to all other rights and remedies available to the prevailing party at law or in equity. 14. No Merger of Estates The easement granted herein shall not extinguish or terminate by operation of the doctrine of merger or otherwise due to the existing or future common ownership of the real property described herein. 15. Complete Agreement This Easement Agreement contains the entire agreement of the parties with respect to this subject matter and supersedes all prior or contemporaneous writings or discussions 5:364`O 1003Y,Od82232.DOC. V 13 ADI. 10 20100927002030.01 ' relating to the easement provided for herein. This Easement Agreement may not be amended except by a written document executed after the date hereof by the duly authorized representatives of Boeing, the Museum and the Foundation. This Easement Agreement includes EXHIBITS A, B, C, D, D-1, E and F which by this reference are incorporated into this Easement Agreement. 16. Choice of Law This Easement Agreement shall be governed by the law of the State of Washington, exclusive of its choice of law rules. 17. Dedication Boeing, the Museum and the Foundation agree to consider dedication of South 94th Place portion of the Easement Area to the City of Tukwila at such time as deemed appropriate by all parties. 52364`01007100482!' .DOC.V11AOL [signatures on following pages] 11 20100927002030.012 ) ) IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date first above written. MUSEUM KING COUNTY a Wa , ingtubli FOUNDATION: M 4F FLIGHT AU ORITY, MUSEUM OF FLIGHT FOUNDATION, a Washington nonprofit corporation By: Name: Its: Date Signed: BOEING THE BOEING COMPANY a Delaware corporation, By: Its: Authorized Signatory Date Signed: 32364t100A00482231DOC. V I3 ADL 12 20100927002030.01 IN WITNESS WHEREOF, the parties have executed this Easement Agreement as. of the date first above written. MUSEUM KING COUNTY MUSEUM OF FLIGHT AUTHORITY, a Washington Public Authority By: Arlington W. Carter, Jr., Chairman Date Signed: FOUNDATION: MUSEUM OF FLIGHT FOUNDATION, a Washington nonprofit corporation By: Name: M«finF.L . 1/4cein,IN Its: IJici dAblaz nAN, l3)1 DL Tera s Date Signed: 9 .27-6,10/o BOEING THE BOEING COMPANY a Delaware corporation, By: Its: Authorized Signatory Date Signed: :364‘01003V*/82232.00C.Vi3 ADL 12 20100927002030.014 IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date first above written. MUSEUM KING COUNTY MUSEUM OF FLIGHT AUTHORITY, a Washington Public Authority By: Arlington W. Carter, Jr., Chairman Date Signed: FOUNDATION: MUSEUM OF FLIGHT FOUNDATION, a Washington nonprofit corporation By: Name: Its: Date Signed: BOEING THE BOEING COMPANY a Delaware corporation, By: Its: Authorized Signatory Date Signed: 52360010000482212DOC.V 13 ADL 12 20100927002030.015 ) STATE OF WASHINGTON ) ) ss. COUNTY OF King ) On this 27th day of September, 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Arlington W. Carter, Jr., to me known to be the person who signed as President of the KING COUNTY MUSEUM OF FLIGHT AUTHORITY, a Washington public authority that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said authority for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the authority, that he was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. 5236410I003100482232.DOCV I3 ADL (Signature of Notary) Anne DeVoe Lawler (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at Bainbridge Island My appointment expires: 2-15-2012 13 } 20100927002030.01E STATE OF WASHINGTON ) ) ss. COUNTY OF King ) On this 27`h day of September, 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Michael R. Hallman to me known to be the person who signed as Vice Chairman, Board of Trustees of the MUSEUM OF FLIGHT FOUNDATION, 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. 52364\010031004R2232.00C.V 13 ADL Linda D. Stump (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at Des Moines My appointment expires: 11-23-2013 14 20100927002030.011 STATE OF WASHINGTON ) )ss. COUNTY OF t h ) • On this a4 ' day of p A 1eg4.1 b 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ,�Q,y1 �' a `,� l ! G �.- , to me known to be the person who signed as L r� -1110 y AfOrtof THE BOEING COMPANY, the corporation that executed the within and fo going inkrument, 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 kn , was duly elected, qualified and acting in such capacity for the corporation, that 11.1 was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and g cial seal the day and year first above written. LC (Signature of Notary) Notary Public State o1 Washington 1,P P l E P� -ARLENE C RICE Print or stampname of Notary) :ywAppointmentExpires Aug 15, 2012 ( ... = = - NOTARY PUBLIC in and for ,.- State of Washington, residing at My appointment expires: 15 32364101003‘00482232.DOC. V i2 AIL 20100927002030.011 EXHIBIT A Legal Description of Boeing Property BOEING LEGAL DESCRIPTIONS -WEST OF EAST MARGINAL WAY Tax Parcel 562420-1036 LOT B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER BLA-01- 002, RECORDED UNDER RECORDING NUMBER 20010803900001, AS AMENDED BY AFFIDAVIT OF MINOR CORRECTION RECORDED UNDER RECORDING NUMBER 20020215001703, RECORDS OF KING COUNTY, WASHINGTON Tax Parcel 562420-1038 LOT C OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER BLA-01- 002, RECORDED UNDER RECORDING NUMBER 200I0803900001, AS AMENDED BY AFFIDAVIT OF MINOR CORRECTION RECORDED UNDER RECORDING NUMBER 20020215001703, RECORDS OF KING COUNTY, WASHINGTON Tax Parcel 562420-1032 PORTION OF FRANCIS MCNATT DONATION CLAIM NO. 38; A PORTION OF THE ABANDONED BED OF DUWAMISH REIVER LYING BETWEEN EAST MARGINAL WAY SOUTH AND THE EASTERLY BOUNDARY OF THE RIGHT-OF-WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1; AND BETWEEN SAID DONATION CLAIM AND THE PLAT OF MOORE'S FIVE ACRE TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 28, IN KING COUNTY, WASHINGTON; AND PORTIONS OF TRACTS 57, 58, 59, 60, 61, 65 66, 67 AND 68, AND PORTIONS OF VACATED FRANCIS AVENUE IN SAID PLAT OF MOORE'S FIVE ACRE TRACTS, ALL IN SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M. AND IN THE NORTH HALF OF SECTION 4, TOWNSHIP 23, NORTH, RANGE 4 EAST, W.EM, IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBE4D AS FOLLOWS: BEGINNING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AT A POINT WHICH BEARS NORTH 89°15'54" WEST A DISTANCE OF 2,470.01 FEET ALONG THE DONATION CLAIM LINE; THENCE SOUTH 23°40'59" EAST A DISTANCE OF 1,374.17 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE LINE BETWEEN THE DONATION CLAIMS OF FRANCIS MCNATT AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 34 NORTH, RANGE 4 EAST W.M., IN KING COUNTY, WASHINGTON, 52364101003‘0048223?.DOC.V 13 ADL 16 20100927002030.019 SAID POINT BEING AT THE INTERSECTION OF THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH WITH THE NORTH LINE OF VAN DE VANTER STOCK FARM TRACT, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 23°39'54" EAST ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH A DISTANCE OF 681.27 FEET, TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF TRACT 65, MOORE'S FIVE ACRE TRACTS; THENCE SOUTH 62°01'41" WEST A DISTANCE OF 696.29 FEET, TO THE CENTER LINE OF VACATED FRANCIS AVENUE IN SAID PLAT; THENCE NORTH 27°58' 19" WEST ALONG SAID CENTER LINE A DISTANCE OF 14.67 FEET, MORE OR LESS, TO THE NORTHWESTERLY LINE OF THAT PORTION OF LAND CONDEMNED BY CITY OF SEATTLE ORDINANCE NO 82962 LYING WESTERLY OF VACATED FRANCIS AVENUE; THENCE SOUTH 62°01'41" WEST ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 1,079.55 FEET TO THE EASTERLY LINE OF THE RIGHT-OF-WAY OF SAID COMMERCIAL WATERWAY NO. 1; THENCE NORTH 15°00'00" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 1,069.38 FEET TO THE NORTH LINE OF A SURVEY RECORDED UNDER AUDITOR'S RECORD OF SURVEY NO. 8108049007; THENCE NORTH 61°33'40" EAST ALONG SAID NORTH LINE 840.02 FEET TO THE MOST NORTHERLY POINT OF THAT PORTION OF SLIP NO. 6 AS HERTOFORE CONVEYED TO MONSANTO CHEMICAL CO. BY DEED RECORDED UNDER AUDITOR'S FILE NO 5018589; THENCE FOLLOWING THE SHORELINE OF SAID DUWAMISH RIVER AS ESTABLISHED BY COMMERCIAL WATERWAY DISTRICT NO. 1 NORTH 70°49'29" EAST A DISTANCE OF 110.173 FEET; THENCE NORTH 83°57'56" EAST A DISTANCE OF 119.00 FEET; THENCE SOUTH 84° 17'04" EAST A DISTNACE OF 117.00 FEET; THENCE SOUTH 86°54'59" EAST A DISTANCE OF 486.97 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND HERETOFORE DEEDED TO VAN DE VANTER STOCK FARM BY DEED RECORDED IN VOLUME 784 OF DEED, PAGE 571, RECORDS OF KING COUNTY; THENCE SOUTH 89°27'50" EAST ALONG THE NORTH LINE OF SAID VAN DE VANTER STOCK FARM TRACT A DISTANCE OF 14.94 FEET, TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY LYING WITHIN THE BOUNDARIES OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER BLA-01-002, RECORDED UNDER RECORDING NUMBER 20010803900001, AS AMENDED BY AFFIDAVIT OF MINOR CORRECTION RECORDED UNDER RECORDING NUMBER 20020215001703, RECORDS OF KING COUNTY, WASHINGTON 17 11:.16i1D10031048::?:.DOC.V1) ADI. 20100927002030.020 Tax Parcel 562420-0990 (Parcels A, B and C) PARCEL A: THAT PORTION OF TRACTS 56, 61, 62, 63 AND 64 OF MOORE'S FIVE ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 28, RECORDS OF KING COUNTY, WASHINGTON, AND OF VACATED FRANCIS AVENUE AND SLIP NO. 7, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF TRACT 64 WITH THE WESTERLY MARGIN OF EAST MARGINAL WAY; THENCE SOUTH 23°40'12" EAST ALONG SAID WESTERLY MARGIN, 60.16 FEET; THENCE SOUTH 62°O1'41" WEST PARALLEL WITH SAID NORTHERLY LINE 442.99 FEET, TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 62°01'41" WEST 1347.23 FEET TO THE EASTERLY MARGIN OF DUWAMISH WATERWAY; THENCE SOUTH 15°00'00" EAST ALONG SAID EASTERLY MARGIN 195.03 FEET TO THE MEANDER LINE ON LEFT BANK OF THE DUWAMISH RIVER; THENCE ALONG SAID MEANDER LINE NORTH 62°56'13" EAST, 161.60 FEET; THENCE ALONG SAID MEANDER LINE NORTH 47°24'21" EAST, 84.22 FEET; THENCE ALONG SAID MEANDER LINE NORTH 57°58'16" EAST, 258.32 FEET; THENCE ALONG SAID MEANDER LINE NORTH 78°02'36" EAST; 226.92 FEET; THENCE ALONG SAID MEANDER LINE NORTH 76°01'30" EAST, 152.91 FEET; THENCE ALONG SAID MEANDER LINE SOUTH 88°21'30" EAST, 634.94 FEET; THENCE ALONG SAID MEANDER LINE NORTH 75°26'03" EAST, 90.96 FEET; THENCE LEAVING SAID MEANDER LINE NORTH 24°28'38" WEST, 528.24 FEET; THENCE SOUTH 62°01'41" WEST, 153.00 FEET; THENCE NORTH 24°28'38" WEST, 60.11 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED SOUTH 98TH STREET AS CONVEYED BY DEED RECORDED UNDER RECORDING NUMBER 5283332, KING COUNTY, WASHINGTON. 18 52364‘0I0010348U32.DOC.V Il ADL 20100927002030.021 PARCEL B: THAT PORTION OF TRACTS 62 AND 63 OF MOORE'S FIRVE ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 28, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF TRACT 64 OF THE AFORESAID MOORE'S FIVE ACRES TRACTS WITH THE WESTERLY MARGIN OF EAST MARGINAL WAY; THENCE SOUTH 23°40'12" EAST ALONG SAID WESTERLY MARGIN 277.92 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID WESTERLY MARGIN OF EAST MARGINAL WAY, SOUTH 23°40'12" EAST 289.14 FEET TO THE POINT WHERE SAID WESTERLY MARGIN OF EAST MARGINAL WAY INTERSECTS THE NORTHERLY MARGIN OF THE COUNTY ROAD KNOWN AS SOUTH 98TH STREET (SOMETIMES KNOWN AS PANKRATZ ROAD); THENCE ALONG SAID NORTHERLY MARGIN, SOUTH 36°19'37" WEST 141.64 FEET; THENCE SOUTH 45°15'07" WEST 124.65 FEET; THENCE SOUTH 75°26'03" WEST 40.26 FEET; THENCE NORTH 24°28'38" WEST 370.79 FEET; THENCE NORTH 62°01'41" EAST 286.93 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED SOUTH 98TH STREET AS CONVEYED BY DEED RECORDED UNDER RECORDING NUMBER 5283332, KING COUNTY, WASHINGTON. PARCEL C: THAT PORTION OF TRACTS 63 AND 64 OF MOORE'S FIRVE ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 28, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID TRACT 64 WITH THE WESTERLY MARGIN OF EAST MARGINAL WAY AS NOW ESTABLISHED; THENCE SOUTH 23°40'12" EAST ALONG SAID WESTERLY MARGIN, 60.16 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID WESTERLY MARGIN SOUTH 23°40'12" EAST, 217.76 FEET; I9 3=1644:01003‘OWBI232 (,O ,V 13 ADL 20100927002030.022 THENCE SOUTH 62°01'41" WEST, 286.93 FEET; THENCE NORTH 24°28'38" WEST, 157.45 FEET; THENCE SOUTH 62°01'41" WEST, 153.00 FEET; THENCE NORTH 24°28'38" WEST, 60.11 FEET; THENCE NORTH 62°01'41" EAST, 442.99 FEET, TO THE TRUE POINT OF BEGINNING. Tax Parcels 000340-0018/000340-0028/000340-0026/000340-0048 and 042304-9016 THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BEING PART OF THE TIMOTHY GROW DONATION LAND CLAIM NO 44 AND PART OF GOVERNMENT LOT 8 IN SAID SECTION, THAT LIES WEST OF THE WESTERLY BOUNDARY OF EAST MARGINAL WAY; EAST OF THE EASTERLY BOUNDARY OF THE DUWAMISH WATERWAY AS ESTABLISHED BY CWW #1; SOUTH OF THE SOUTH BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN QUIT CLAIM DEED RECORDED UNDER RECORDING NUMBER 20050216001479, RECORDS OF KING COUNTY, WHICH LINE IS THE ORIGINAL MEANDER LINE OF THE DUWAMISH RIVER; NORTH OF THE NORTH BOUNDARY OF THE DUWAMISH RIVER AS CURRENTLY LOCATED; AND NORTH OF THE NORTH LINE OF THE MAIN TRACT OF LAND DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 7805310988; EXCEPTING THEREFROM ANY PORTION OF SAID PROPERTY THAT LIES WITHIN THE PUBLIC RIGHTS OF WAY OF 27TH AVENUE SOUTH AND SOUTH 104TH STREET. 20 S2. 1003'90 82232.DOC.V 1) ADL 20100927002030.023 EXHIBIT B Legal Description of Museum Property That portion of the Southwest Quarter of the Southeast Quarter of Section 33, Township 24 North, Range 4 East, Willamette Meridian, described as follows: Commencing at the Southeast corner of said Section 33; Thence, along the South line of Section 33, North 88°04'58" West 1393.15 feet; Thence, along the (monumented) offset centerline of East Marginal Way South, North 22°32'07" West 1145.85 feet; Thence, leaving said offset centerline, North 89°22'40" West 67.43 feet, to the True Point of Beginning of the herein -described parcel of land; Thence, along the Westerly right-of-way line of said East Marginal Way South, parallel with and 62.00 feet Westerly from said offset centerline, South 22°32'07" East 465.83 feet, to the Southeast corner of the herein -described parcel of land; Thence, leaving said Westerly right-of-way line, South 62°44'39" West 379.67 feet, to the Southwest corner of the herein described parcel of land; Thence, North 27°23'53" West 720.27 feet, to the Northwest corner of the herein described parcel of land; Thence along the North line of the properties described in Deed and recorded under King County Recording No. 8602280399, the following courses: I) South 85°46'07" East 476.88 feet; 2) South 89°22'40" East 14.85 feet, to the True Point of Beginning (Being known as Lot A of City of Tukwila Boundary Line Adjustment Number BLA-01-002, recorded under Recording Number 20010803900001); Together with an easement for access and utility purposes, in, on, over, under, through and across a uniform strip -of -land 40.00 feet in width, 20.00 feet on both sides of the centerline described as follows: Commencing at the Southeast corner of said Section 33; Thence, along the South line of Section 33, North 88°04'58" West 1393.15 feet; Thence, along the (monumented) offset centerline of East Marginal Way South, North 22°32'07" West 649.20 feet; Thence, leaving said offset centerline, South 63°10'33" West 62.17 feet; Thence, along the Westerly right-of- way line of East Marginal Way South, parallel with and 62.00 feet Westerly from said offset 21 $236'01003`OW922lx.UOC.V 13 ADI. 20100927002030.024 } centerline, North 22°32'07" West 41.92 feet, to the True Point of Beginning of the centerline of the herein -described strip -of -land; Thence, leaving said Westerly right-of-way tine, South 62°44'39" West 379.97 feet; Thence, North 27°23'35" West 321.20 feet, to the Southerly line of said Lot C of Boundary Line Adjustment; Thence, South 27°23'53" East 321.20 feet; Thence, South 62°44'39" West 312.89 feet, to the West line of Lot B of Boundary Line Adjustment; being the terminus of the herein -described centerline. It is intended that the foregoing real property shall be divided in to two (2) parcels pursuant to a Binding Site Improvement Plan. The legal descriptions of those two (2) proposed parcels are as follows: PROPOSED LOT 1 LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEING KNOWN AS LOT A OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER BLA-0l -002, RECORDED UNDER RECORDING NUMBER 20010803900001; EXCEPT FOR THE PORTION WHICH LIES SOUTH AND EAST OF THE FOLLOWING LINE; BEGINNING AT THE NORTHEAST CORNER OF SAID LOT A; THENCE SOUTH 22°31'52" EAST ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH, A DISTANCE OF 221.91 FEET TO THE TRUE POINT OF BEGINNING OF THIS LINE; THENCE NORTH 88°49'44" WEST, A DISTANCE OF 191.78' FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 116°19'59" AND AN ARC LENGTH OF 50.76 FEET; THENCE SOUTH 25°09'43" EAST, A DISTANCE OF 100.18 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88°21'33" AND AN ARC LENGTH OF 38.55 FEET; 3236.00IOO OO48L'32.DOC.V 13 ADL 22 20100927002030.02F. THENCE SOUTH 63°11'50" WEST, A DISTANCE OF 165.77 FEET TO THE WEST LINE OF SAID LOT A AND THE TERMINUS OF THIS DESCRIBED LINE. TOGETHER WITH AN EASEMENT FOR ACCESS AND UTILITY PURPOSES AS SHOWN ON SAID CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER BLA-01-002. PROPOSED LOT 2 LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEING KNOWN AS LOT A OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER BLA-01-002, RECORDED UNDER RECORDING NUMBER 20010803900001; EXCEPT FOR THE PORTION WHICH LIES NORTH AND WEST OF THE FOLLOWING LINE; BEGINNING AT THE NORTHEAST CORNER OF SAID LOT A; THENCE SOUTH 22°31'52" EAST ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH, A DISTANCE OF 221.91 FEET TO THE TRUE POINT OF BEGINNING OF THIS LINE; THENCE NORTH 88°49'44" WEST, A DISTANCE OF 191.78' FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 116° 19'59" AND AN ARC LENGTH OF 50.76 FEET; THENCE SOUTH 25°09'43" EAST, A DISTANCE OF 100.18 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88°21'33" AND AN ARC LENGTH OF 38.55 FEET; THENCE SOUTH 63°11'50" WEST, A DISTANCE OF 165.77 FEET TO THE WEST LINE OF SAID LOT A AND THE TERMINUS OF THIS DESCRIBED LINE. TOGETHER WITH AN EASEMENT FOR ACCESS AND UTILITY PURPOSES AS SHOWN ON SAID CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER BLA-01-002. 23 323670100)‘OO4S2232.DOC.V13 ADL } 20100927002030.026 EXHIBIT C Legal Description of Foundation Property Lot 2, City of Tukwila Short Plat No. L 05-057, recorded under King County Recording No. 200702289000007, King County, Washington 5 Wibloo)aaS2232.Doc.v1.AUL 24 } 20100927002030.02 } EXHIBIT D Legal Description of Easement Area THAT PORTION OF LOT B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. BLA-01-002, BEING A FORTY FOOT WIDE STRIP OF LAND, HAVING 20 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, AND THE EAST MARGINAL WAY SOUTH MONUMENT LINE, THENCE NORTH 22°31'52" WEST, A DISTANCE OF 1143.61 FEET ALONG SAID MONUMENT LINE; THENCE LEAVING SAID MONUMENT LINE NORTH 88°18'42" WEST, A DISTANCE OF 67.98 FEET TO THE NORTHEAST CORNER OF LOT 1 OF CITY OF TUKWILA BSIP NO. L10-060, ALSO BEING A POINT ON THE WEST MARGIN OF SAID EAST MARGINAL WAY SOUTH; THENCE SOUTH 22°31'52" EAST ALONG SAID WEST MARGIN, A DISTANCE OF 485.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 62°44'54" WEST, A DISTANCE OF 397.97 FEET; THENCE NORTH 27°23'38" WEST, A DISTANCE OF 320.01 FEET TO THE TERMINUS IF THIS EASEMENT CENTERLINE; ALL SIDELINES OF THIS EASEMENT SHALL BE SHORTENED OR LENGTHENED AS TO MEET AT ALL ANGLE POINTS AND THE INTERSECTIONS OF SAID BOUNDARY LINES. CONTAINING AN AREA OF 28,719 SQUARE FEET OR 0.6593 ACRES, MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. 52367%1003k00.1822.12.000. v 13 AM. 25 20100927002030.028 .5:!60'0100 \004S22%2,DOC.V13 ADI. EXHIBIT D-1 Depiction of Easement Area 26 20100927002030.02' 32364 003HIOd82232,DOC.Vl3ADL EXHIBIT E Conceptual Development of the Museum and Foundation Properties Including Ring Road 27